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

Vol. 154 WASHINGTON, TUESDAY, APRIL 8, 2008 No. 55 House of Representatives The House met at 12:30 p.m. and was PRAYER Ms. BORDALLO led the Pledge of Al- called to order by the Speaker pro tem- The Chaplain, the Reverend Daniel P. legiance as follows: pore (Mrs. CAPPS). Coughlin, offered the following prayer: I pledge allegiance to the Flag of the United States of America, and to the Repub- f Lord God, our Defense and our Lib- erator, throughout our history as lic for which it stands, one nation under God, indivisible, with liberty and justice for all. DESIGNATION OF SPEAKER PRO Americans, and even in our individual TEMPORE lives, You have come to our aid and f The SPEAKER pro tempore laid be- strengthened us in the face of all our MESSAGE FROM THE PRESIDENT struggles against evil. Be with us now fore the House the following commu- A message in writing from the Presi- nication from the Speaker: and always. The prophet Daniel offers a distinc- dent of the United States was commu- WASHINGTON, DC, tion. He said he saw You in the very nicated to the House by Mr. Williams, April 8, 2008. one of his secretaries. I hereby appoint the Honorable LOIS CAPPS beginning ‘‘when the evil horn spoke to act as Speaker pro tempore on this day. arrogant words until the beast was f NANCY PELOSI, slain and its body thrown into the fire. DO NOT SELL OUT THE TROOPS Speaker of the House of Representatives. But there were other beasts, too, which AND LOSE A WINNABLE WAR also lost their dominion but were f granted a prolongation of life for a (Mrs. BLACKBURN asked and was given permission to address the House MORNING-HOUR DEBATE time and a season.’’ Lord, we believe You always deliver for 1 minute and to revise and extend The SPEAKER pro tempore. Pursu- us from evil. Yet each of us can name her remarks.) ant to the order of the House of Janu- ‘‘the other beasts’’ described by Daniel Mrs. BLACKBURN. Madam Speaker, ary 4, 2007, the Chair will now recog- in our history as a nation and in our today is a serious day on Capitol Hill. nize Members from lists submitted by personal lives. They may no longer General Petraeus and Ambassador the majority and minority leaders for have dominion to completely overcome Crocker have returned. They are re- morning-hour debate. us, but we know they can be granted ‘‘a porting to the Nation on the progress The Chair will alternate recognition prolongation of life for a time.’’ in Iraq. between the parties, with each party Therefore, Lord, we plead for Your Since they were last here, this is limited to 30 minutes and each Mem- help to persevere for the time being. what the Iraqi Parliament has passed: ber, other than the majority and mi- Sometimes in the fight we personally A pension law for regime officials; de- nority leaders and the minority whip, need to undergo treatment or continue Baathification reform; an amnesty law; limited to 5 minutes. therapy. For a nation, it may take a provincial election law. The national government is sharing oil revenues f time to reform, rebuild, or reconcile, so continue, Lord, to uphold us until evil with the provinces; sectarian killings RECESS is brought to its end. Amen. are down 90 percent; civilian deaths have dropped by more than 70 percent; The SPEAKER pro tempore. Pursu- f and coalition casualties have dropped ant to clause 12(a) of rule I, the Chair THE JOURNAL by more than 70 percent. Most impor- declares the House in recess until 2 The SPEAKER pro tempore. The tantly, Iraqi security forces are fight- p.m. today. ing for the future of their very own Accordingly (at 12 o’clock and 34 Chair has examined the Journal of the last day’s proceedings and announces country. minutes p.m.), the House stood in re- Some in this House are so invested in cess until 2 p.m. to the House her approval thereof. Pursuant to clause 1, rule I, the Jour- the narrative of defeat that they are f nal stands approved. blind to the results of a campaign that f ranks among the greatest in the his- b 1400 tory of our Armed Forces. PLEDGE OF ALLEGIANCE Our troops have achieved tremendous AFTER RECESS The SPEAKER pro tempore. Will the success through valor and sacrifice. The recess having expired, the House gentlewoman from Guam (Ms. Let’s not sell them out and choose to was called to order by the Speaker pro BORDALLO) come forward and lead the lose a winnable war. History would not tempore (Mrs. JONES of Ohio) at 2 p.m. House in the Pledge of Allegiance. forgive us for that.

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 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2018 CONGRESSIONAL RECORD — HOUSE April 8, 2008 HONORING THE INDEPENDENCE OF selves alone. This war is more than for failure’’ do a disservice to this debate. BOSNIA-HERZEGOVINA our cause alone. We fight for the Those claims have been soundly re- (Mr. CARNAHAN asked and was human cause of all peoples to be free. futed by the facts on the ground, as I given permission to address the House That is what this war is about. saw last month on my ninth visit to for 1 minute and to revise and extend And that’s just the way it is. Iraq. Let’s be sure our policy going for- his remarks.) f ward is based on the facts. In conclusion, God bless our troops, Mr. CARNAHAN. Madam Speaker, I PUTTING A POSITIVE SPIN ON THE and we will never forget September would like to take this time to con- WORST MILITARY FIASCO IN 11th. gratulate the citizens of Bosnia- AMERICAN HISTORY Herzegovina on their 16th anniversary f (Mr. MORAN of Virginia asked and of independence. was given permission to address the SUPPORTING THE BRAVE It is an honor for me to represent the House for 1 minute and to revise and AMERICANS IN HARM’S WAY largest Bosnian-American population extend his remarks.) (Mr. WAMP asked and was given per- in the United States, as well as cochair Mr. MORAN of Virginia. Madam mission to address the House for 1 the bipartisan Congressional Caucus on Speaker, General Petraeus and Ambas- minute and to revise and extend his re- Bosnia with Congressman CHRIS SMITH sador Crocker are understandably try- marks.) of New Jersey. Our Bosnian-American ing to put a positive spin on the Iraq Mr. WAMP. Madam Speaker, as I neighbors who have come to St. Louis war. But the reality is that this has closed the rally today with 400 veterans and the other parts of the U.S. have been the worst military fiasco in Amer- in support of our troops and their mis- contributed a great deal to our coun- ican history. But one of the questions I sion in Iraq and Afghanistan, I quoted try. would like them to answer is how, John Stuart Mill, who said, ‘‘War is an I am proud that on April 7, 1992, the when the Iraqi government has over $56 ugly thing, but not the ugliest of United States was one of the first na- billion of revenue this year, they have things. The decayed and degraded state tions to recognize the newly inde- the gall to ask the American taxpayer of moral unpatriotic feeling which pendent Bosnia-Herzegovina. As we for another $170 billion? thinks that nothing is worth war is honor the anniversary of their inde- They have $40 billion in reserve that much worse. A person who has nothing pendence today, let us reaffirm our they have gotten from oil being over for which they are willing to fight, support for Bosnia’s progress toward $100 a barrel. The American taxpayer is nothing they care more about than Euro-Atlantic integration and remem- paying more than $3.30 a gallon for gas, their own personal safety, is a miser- ber their long history of multi-ethnic and yet Iraq wants another $170 bil- able creature who has no chance of and religious tolerance. lion? They have got $10 billion in re- ever being free unless those very free- I would like to applaud their demo- construction funds. Yet we are going to doms are made and kept by better per- cratic orientation, and strongly en- continue to pay for all their needs? But sons than themselves.’’ courage the further strengthening of that is what we are doing. We are pay- Those better persons are our Nation’s government reforms with respect to ing for everything from military train- veterans, the men and women in uni- human rights, rule of law and free mar- ing, all the way down to garbage pick- form, and today may God almighty, Je- ket economy. up, with American taxpayers’ money, hovah God, bless and keep those brave I once again congratulate the citi- when they have got tens of billions of Americans in harm’s way on our be- zens of Bosnia-Herzegovina on the an- dollars that they choose not to spend. half. niversary of their independence, and I This is a disgrace, Madam Speaker. f look forward to further collaboration This policy has never been worthy of between our two countries. the sacrifice of our military families, APPROVE THE U.S.-COLOMBIA f let along their loved ones in uniform. TRADE PROMOTION AGREEMENT (Mr. HERGER asked and was given THE STRATEGY OF DEFEAT f permission to address the House for 1 (Mr. POE asked and was given per- SUPPORT VICTORY, NOT DEFEAT minute and to revise and extend his re- mission to address the House for 1 (Mr. WILSON of South Carolina marks.) minute.) asked and was given permission to ad- Mr. HERGER. Madam Speaker, now Mr. POE. Madam Speaker, as positive dress the House for 1 minute and to re- that the Colombia trade agreement is progress continues against America’s vise and extend his remarks.) before Congress, I hope that all Mem- enemies in Iraq, the vocal, timid and Mr. WILSON of South Carolina. bers will weigh its benefits carefully meek here at home promote a strategy Madam Speaker, this morning I joined and approve it with a strong bipartisan of defeat and retreat. Victory to these many of my colleagues from both polit- up-or-down vote. The United States is retreatists is not an option because ical parties with over 400 Iraq and Af- the largest manufacturer and exporter they plan for abandonment of the Iraqi ghanistan veterans at an event orga- in the world and new markets are es- people and failure for America’s fight nized by Vets for Freedom. This non- sential to our workers, 42 percent of against those who murder in the name partisan organization is dedicated to whom are employed by companies that of religion. supporting our veterans by achieving are involved with trade. These war alarmists wish to capitu- victory in the global war on terrorism The Colombia trade agreement would late in this war. They want to redeploy to protect American families by defeat- level the playing field for American the troops, which means withdraw our ing terrorism overseas. I am proud to workers and grant our exporters the military while they are in the midst of stand with these patriotic Americans. same fair access that Colombian pro- success. This strategy of defeat will Their visit to Washington comes on ducers already enjoy into the U.S. mar- not bring peace to Iraq or America. It the eve of General David Petraeus’ and ket. It would also strategically will not stop the extremists, but in- Ambassador Ryan Crocker’s presen- strengthen Colombia’s fight against crease their determination for more vi- tation to the House of their report on narcoterrorists and help them reject olence against the innocents. It will Iraq. I hope my colleagues will listen the influence of Venezuela’s anti- not make us safe at home, but encour- to General Petraeus and Ambassador American strong man, Hugo Chavez. age those who hate us to kill again. Crocker with an open mind. I urge support of the U.S.-Colombia And those vile zealots will rightfully As a grateful veteran with two sons TPA. claim America doesn’t have the stom- who have served in Iraq, I know these f ach to fight for the God-given prin- two men serve the best interests of our ciples of liberty. troops and the safety of American fam- SUPPORT THE TROOPS IN IRAQ President Kennedy told the world ilies. They deserve attention to what (Mr. YOUNG of Alaska asked and was that America will pay any price, sup- they have to say. given permission to address the House port any friend and oppose any foe to The old, failed talking points that for 1 minute and to revise and extend defend liberty. We do not fight for our- ‘‘the war is lost’’ or ‘‘so the surge is a his remarks.)

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2019 Mr. YOUNG of Alaska. Madam talk to them, learn of the benefits of States; which was read and, together Speaker and my fellow colleagues, their firsthand experience in Iraq and with the accompanying papers, without today is the day with General Petraeus Afghanistan. In the words of the Vets objection, referred to the Committee to recognize that with all the rhetoric for Freedom, it is time to put ‘‘long- on Ways and Means and ordered to be on this floor, that we should listen to term national security before short- printed: the troops. They are the ones that are term partisan political gain.’’ To the Congress of the United States: sacrificing. They are the ones that I be- Again, I thank the Vets for Freedom, I am pleased to transmit legislation lieve have firsthand knowledge of what as well as General Petraeus and Am- and supporting documents to imple- is occurring in Iraq. bassador Crocker, for their great serv- ment the United States-Colombia I have a letter that I am going to ice to this country. Trade Promotion Agreement (the ‘‘Agreement’’). The Agreement rep- read: f Dear Congressman YOUNG: resents an historic development in our I am an Alaska Army National Guard ALTERNATIVE ENERGY relations with Colombia, which has soldier serving in Iraq voluntarily on (Mr. STEARNS asked and was given shown its commitment to advancing one of the 10 ‘surge’ Embedded Provin- permission to address the House for 1 democracy, protecting human rights, cial Reconstruction Teams, based at minute and to revise and extend his re- and promoting economic opportunity. Camp Taji. My team works in the Taji marks.) Colombia’s importance as a steadfast and Abu Ghraib districts, and soon, Mr. STEARNS. Madam Speaker, ac- strategic partner of the United States Tarmiya. Our surge military forces, cording to the Energy Information was recognized by President Clinton’s along with the greatly improved Iraq Agency, the United States imports support for an appropriation in 2000 to Army, Police and local Critical Infra- about 60 percent of its oil today and provide funding for Plan Colombia, and structure Security Forces have won that number is expected to go up to al- my Administration has continued to the battles. Al Qaeda is gone from our most 80 percent in the next 10 years. As stand with Colombia as it confronts vi- districts. Now we need the time to win a country, we need to reduce our de- olence, terror, and drug traffickers. the war. The security situations are set pendency on foreign fuel sources and This Agreement will increase oppor- and 180 degrees turned around from start implementing alternative energy tunity for the people of Colombia pre-surge. I’ve seen it happen and am sources and programs that can be through sustained economic growth living it daily. Do not let the United found here in the United States, like and is therefore vital to ensuring that States lose this part of the Global War coal. Colombia continues on its trajectory of against Terrorists. This campaign in Imported fuel such as crude oil and positive change. Under the leadership Iraq needs to play out and be a visible natural gas are costing the country of President Alvaro Uribe, Colombia win for our country. Me and my fellow millions of dollars a year and accounts has made a remarkable turnaround Servicemembers and the Civilians of for about one-third of the United since 1999 when it was on the verge of DOD and State are here to make it States trade deficit. Imported fuels being a failed state. This progress is in true. We need your support. Thank you also account for about 17 percent of an part explained by Colombia’s success in for your time and attention. WE ARE increase in America’s energy consump- demobilizing tens of thousands of para- WINNING. tion from 2004 to 2005. military fighters. The Colombian gov- Most Sincerely, Now liquid coal can be developed for ernment reports that since 2002, Mike Bridges, Colonel, $50 a barrel. Compare that with $107 for kidnappings, terrorist attacks, and Deputy Team Leader, EPRT Baghdad oil today. Not only does this innova- murders are all down substantially, as 5. tive fuel cost us less, but also coal is is violence against union members. The Government of Colombia, with f one of the most abundant natural re- sources in the United States. As Con- the assistance of the United States, is b 1415 gress continues to explore the use of al- continuing its efforts to further reduce the level of violence in Colombia and VETS FOR FREEDOM ternative energy sources, we need to look closely at coal to liquid. to ensure that those responsible for vi- (Mr. GINGREY asked and was given olence are quickly brought to justice. permission to address the House for 1 f To speed prosecutions of those respon- minute and to revise and extend his re- COMMUNICATION FROM THE sible for violent crimes, the Prosecutor marks.) CLERK OF THE HOUSE General’s Office plans to hire this year Mr. GINGREY. Madam Speaker, this The SPEAKER pro tempore laid be- 72 new prosecutors and more than 110 morning I was honored to join with fore the House the following commu- investigators into the Human Rights Senator MCCAIN and other Republican nication from the Clerk of the House of Unit. These additions are part of the and Democratic Members of both the Representatives: increase of more than 2,100 staff that House and Senate to welcome over 400 will be added to the Prosecutor Gen- APRIL 7, 2008. veterans from Iraq and Afghanistan eral’s office in 2008 and 2009. To support Hon. NANCY PELOSI, that were here for a rally in support of Speaker, The Capitol, House of Representatives, these additional personnel and their all those who are risking their lives on Washington, DC. activities, Colombia has steadily in- the front lines in this global war DEAR MADAM SPEAKER: Pursuant to the creased the budget for the Prosecutor against terror. permission granted in Clause 2(h) of Rule II General’s Office, including by more This morning’s rally marks the sin- of the Rules of the U.S. House of Representa- than $40 million this year, bringing the gle largest gathering of Iraq and Af- tives, the Clerk received the following mes- total outlay for that office to nearly ghan veterans since the war began. sage from the Secretary of the Senate on $600 million. Make no mistake, these heroes were April 7, 2008, at 10:33 a.m.: In negotiating this Agreement, my That the Senate agreed to S. Con. Res. 73. gathering in support of victory, not a With best wishes, I am, Administration was guided by the ob- politically driven withdrawal, which Sincerely, jectives set out by the Congress in the would ensure defeat. LORRAINE C. MILLER, Trade Act of 2002. My Administration These veterans are so committed to Clerk of the House. has complied fully with the letter and success in Iraq and Afghanistan that f spirit of Trade Promotion Authority— they have formed a nationwide group, from preparation for the negotiations, called Vets for Freedom, with a mis- UNITED STATES-COLOMBIA TRADE to consultations with the Congress sion of educating the American public PROMOTION AGREEMENT—MES- throughout the talks, to the content of and Congress about the importance of SAGE FROM THE PRESIDENT OF the Agreement itself. In addition, my achieving success in this global war on THE UNITED STATES (H. DOC. Administration has conducted several terror and what the failure to do so NO. 110–103) hundred further consultations, led con- would mean for our Nation’s security. The SPEAKER pro tempore laid be- gressional trips to Colombia, and last Every Member of this body should, fore the House the following message year renegotiated key labor, environ- this week, meet with these veterans, from the President of the United mental, investment, and intellectual

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2020 CONGRESSIONAL RECORD — HOUSE April 8, 2008 property rights provisions in the The Clerk read the title of the resolu- Madam Speaker, I stand before you Agreement at the behest of the Con- tion. in support of House Resolution 265, gress. By providing for the effective en- The text of the resolution is as fol- honoring military children for their forcement of labor and environmental lows: personal sacrifice and recognizing the laws, combined with strong remedies H. RES. 265 month of April as the National Month for noncompliance, the Agreement will Whereas more than 2,750,000 Americans are of the Military Child. contribute to improved worker rights demonstrating their courage and commit- Currently, 2.75 million Americans are and higher levels of environmental pro- ment to freedom by serving in the Armed serving in the Armed Forces of the tection in Colombia. The result is an Forces of the United States; United States. Of that number, 1.7 mil- Agreement that all of us can be proud Whereas 50 percent of the members of the lion who have served or who are cur- Armed Forces, when deployed away from rently serving have been deployed, of and that will create significant new their permanent duty stations, have left opportunities for American workers, families with children behind; nearly 600,000 members have deployed farmers, ranchers, businesses, and con- Whereas no one feels the effect of those de- more than once, and close to 260,000 are sumers by opening the Colombian mar- ployments more than the children of de- currently deployed. ket and eliminating barriers to U.S. ployed service members; These are important points for us to goods, services, and investment. Whereas as of March 15, 2008, approxi- take note of and reflect upon today be- Under the Agreement, tariffs on over mately 3,400 of these children have lost a cause today there are nearly 1.2 million 80 percent of U.S. industrial and con- parent serving in the Armed Forces during military children in families whose sumer goods exported to Colombia will the preceding 5 years; parents proudly serve in the uniform. Whereas the daily struggles and personal be eliminated immediately, with tariffs sacrifices of children of members of the Unfortunately, 50 percent of the on the remaining goods eliminated Armed Forces too often go unnoticed; servicemembers who are currently de- within 10 years. The Agreement will Whereas the children of members of the ployed away from their duty stations allow 52 percent of U.S. agricultural Armed Forces are a source of pride and are separated from their spouses and exports, by value, to enter Colombia honor to all Americans and it is fitting that their children. duty-free immediately, with the re- the Nation recognize their contributions and Long-term and multiple deployments maining agricultural tariffs phased out celebrate their spirit; have shown undesirable effects on both over time. This will help to level the Whereas the ‘‘National Month of the Mili- servicemembers, their families and tary Child’’, observed in April each year, rec- their children. They sometimes experi- playing field, as 91 percent of U.S. im- ognizes military children for their sacrifices ports from Colombia already enjoy and contributes to demonstrating the Na- ence severe emotional, psychological duty-free access to our market under tion’s unconditional support to members of and fiscal problems over the course of U.S. trade preference programs. the Armed Forces; these deployments. Over extended peri- My Administration looks forward to Whereas in addition to Department of De- ods of time, anxiety and strain become continuing to work with the Congress fense programs to support military families a part of the daily lives of both spouses on a bipartisan path forward to secure and military children, various programs and and children who sacrifice unduly. approval of this legislation that builds campaigns have been established in the pri- Approximately 3,400 military chil- vate sector to honor, support, and thank dren have lost a parent serving in the on the positive spirit of the May 10, military children by fostering awareness and 2007, agreement on trade between the appreciation for the sacrifices and the chal- Armed Forces during the preceding 5 Administration and the House and Sen- lenges they face; and years. Military children are making ate leadership, and the strong bipar- Whereas a month-long salute to military personal sacrifices in support of this tisan support demonstrated by both children will encourage support for those or- Nation. Houses of Congress in overwhelmingly ganizations and campaigns established to During National Month of the Mili- approving the United States-Peru provide direct support for military children tary Child, we need to ensure that we Trade Promotion Agreement last year. and families: Now, therefore, be it support all the American children who Resolved, That the House of Representa- faithfully share their family in order to The United States-Colombia Trade tives— Promotion Agreement represents an (1) joins the Secretary of Defense in hon- protect our way of life. historic step forward in U.S. relations oring the children of members of the Armed House Resolution 265 encourages pub- with a key friend and ally in Latin Forces and recognizes that they too share in lic and private sector support for both America. Congressional approval of the burden of protecting the Nation; military children and their families legislation to implement the Agree- (2) urges Americans to join with the mili- through direct contributions to schol- ment is in our national interest, and I tary community in observing the ‘‘National arships, grants and donations, action Month of the Military Child’’ with appro- urge the Congress to act favorably on which promotes family readiness. priate ceremonies and activities that honor, So it is appropriate to celebrate the this legislation as quickly as possible. support, and thank military children; and GEORGE W. BUSH. (3) recognizes with great appreciation the children who are loved by these brave THE WHITE HOUSE, April 7, 2008. contributions made by private-sector organi- men and women in uniform. The health f zations that provide resources and assistance and the well-being of these children is to military families and the communities important to the overall readiness of ANNOUNCEMENT BY THE SPEAKER that support them. our forces. PRO TEMPORE The SPEAKER pro tempore. Pursu- We therefore appreciate the leader- The SPEAKER pro tempore. Pursu- ant to the rule, the gentlewoman from ship shown by our distinguished col- ant to clause 8 of rule XX, the Chair Guam (Ms. BORDALLO) and the gen- league from Northern Virginia (Mr. will postpone further proceedings tleman from Virginia (Mr. WITTMAN) MORAN) in sponsoring this important today on motions to suspend the rules each will control 20 minutes. resolution. on which a recorded vote or the yeas The Chair recognizes the gentle- Madam Speaker, I urge my col- and nays are ordered, or on which the woman from Guam. leagues to support House Resolution vote is objected to under clause 6 of GENERAL LEAVE 265, and I reserve the balance of my rule XX. Ms. BORDALLO. Madam Speaker, I time. Record votes on postponed questions ask unanimous consent that all Mem- Mr. WITTMAN of Virginia. Madam will be taken after 6:30 p.m. today. bers have 5 legislative days within Speaker, I yield myself such time as I f which to revise and extend their re- might consume. marks on the resolution under consid- Madam Speaker, I rise in strong sup- NATIONAL MONTH OF THE eration. port of House Resolution 265, as amend- MILITARY CHILD The SPEAKER pro tempore. Is there ed, which honors military children dur- Ms. BORDALLO. Madam Speaker, I objection to the request of the gentle- ing National Month of the Military move to suspend the rules and agree to woman from Guam? Child. the resolution (H. Res. 265) honoring There was no objection. Today we are a Nation at war with military children during ‘‘National Ms. BORDALLO. Madam Speaker, I more than 2.75 million men and women Month of the Military Child,’’ as yield myself such time as I might con- in uniform and more than 280,000 de- amended. sume. ployed worldwide. The men and women

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2021 of today’s Armed Forces are all volun- mitment every day to our Nation by sponsors activities and events for mili- teers, but as never before in our his- serving in our Armed Forces. Of these tary children. It is represented in the tory, they are also married and have men and women, most have families gallery today specifically by Tricia families. At any given time, when de- subjected to frequent moves from one Johnson and her daughters, Cat and ployed away from their home bases, 50 installation to another, long deploy- Claire, and her sister, Kathleen Mur- percent of the members of the Armed ments abroad, and the fear that their phy. Forces leave behind families with chil- loved one serving overseas might never Madam Speaker, military families dren. come home. and their children deserve our heartfelt While the numbers and statistics are appreciation for their sacrifice. Today b 1430 interesting, the real message here is we honor them and their sacrifice and that the sacrifices and commitments Fifty percent of our troops deployed thank you for bringing this resolution made by the members of the armed overseas have children that are left be- to the floor. services are very often directly felt and hind. That is more than one million ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE experienced by their family members children with at least one parent de- The SPEAKER pro tempore. Mem- and especially their children. Each of ployed overseas. Those figures, statis- bers are not permitted to recognize the military services and the Depart- tics, can too easily be ignored some- guests in the gallery. ment of Defense go to extraordinary times because they are abstract. But Ms. BORDALLO. Madam Speaker, I lengths to provide the resources and here is one that can’t be dismissed: yield 2 minutes to the gentleman from environment to support military fami- 3,400 children have already lost a par- Texas (Mr. EDWARDS), the chairman of lies and children. Preservation and sup- ent serving in the Armed Forces over the Appropriations Subcommittee on port of families is recognized as a mili- the past 6 years. Military Construction. tary readiness requirement. When I introduced this resolution 2 Mr. EDWARDS. Madam Speaker, I I fully support those efforts. The res- years ago, the number of children who thank the gentlelady for her time and olution today strives to ensure that had lost a parent was 1,000 and now it recognition. proper attention is focused on sac- is 3,400. The Department of Defense un- Madam Speaker, I want to salute Mr. rifices, spirit and contributions made derstands that without the families’ MORAN and the cosponsors of this reso- by the children of military families. support, they will never have the sol- lution. In my book, military children This resolution also seeks to bring the diers’ full support. and spouses are truly the unsung he- recognition and thanks to both the De- In 1986, Secretary of Defense Casper roes and heroines of our Nation’s de- partment of Defense and private sector Weinberger declared this month the fense. They may not put on our Na- programs that support military chil- ‘‘National Month of the Military tion’s uniform, but they serve every dren and families. Child.’’ Every year since, events at single day and they serve with great I want to thank my friend, Mr. military bases, forts and other installa- honor and distinction. MORAN of Virginia, for sponsoring this tions across the Nation have been held One cannot have a makeup day for a important resolution and urge my col- to celebrate the military family, re- parent not being present for a birth- leagues to support it. plete with lots of lofty rhetoric but not day, special occasion, for a mom or dad I reserve the balance of my time. enough true attention to their needs. Ms. BORDALLO. Madam Speaker, I not being there for a high school grad- Two bases in my own district, Fort uation or a college graduation. There yield such time as he may consume to Belvoir and Fort Myer, hold annual my friend and colleague, the gen- are no makeup days for those missed events providing military kids the special occasions. And as Mr. MORAN tleman from Virginia (Mr. MORAN) who chance to be distracted a bit by just is the original sponsor of this impor- pointed out, in 3,400 cases, military being a kid with other kids in similar tant measure. children have made the ultimate sac- Mr. MORAN of Virginia. I thank my situations. But the Congress needs to rifice of losing a mother or father in friend, the distinguished delegate from step up. service to our country. It is so right Guam, for yielding me the time. Today I am glad to join with my col- that we honor these great Americans, I thank the gentleman from Virginia leagues, particularly with my col- the military children, today with this (Mr. WITTMAN) for his kind comments leagues who will speak here today, to resolution. as well. I am glad to be joined here by offer this resolution officially recog- As Mr. MORAN also pointed out, I the Chair of Military Construction, nizing the month of April as the Na- think it is also more important that we Veterans Affairs Appropriations Sub- tional Month of the Military Child, and honor them not just during the month committee, Mr. Chet Edwards. dedicating the Congress to pay more of April with our words and floor Madam Speaker, a child’s process of attention to the children and the speeches, but every day and every growing up is difficult, but imagine spouses of our soldiers. month and every year with our deeds, what it must be like when one parent My colleagues on the other side of with effective funding, adequate fund- or even both parents are deployed the aisle, Representative ISSA and ing for the Impact Aid Program that abroad as part of their duty in our WALTER JONES of North Carolina are provides extra Federal funding to Armed Forces. bipartisan sponsors for this effort. I school districts with heavy concentra- While friends and relatives pray for thank them for their support and lead- tions of military children, with day- their safe return, no one feels the im- ership. care programs which this Congress last pact of deployment more than the chil- This resolution is just a small way year took the initiative on and added dren of servicemembers in combat that Congress can recognize the sac- $130 million worth of day-care centers overseas. We are learning more about rifice these youngsters and their fami- for military children throughout the the impact that living under this shad- lies are asked to make, but it is an op- country, especially needed during a ow of uncertainty has on our children. portunity to commit ourselves to doing time of war. The incidence of military children much more. We worked hard on military housing needing psychological counseling has Specifically, the resolution joins the so children can live in houses they are increased dramatically. Last year Chil- Secretary of Defense in honoring mili- proud to call their homes, and their dren’s Hospital in the District of Co- tary children, recognizing that they parents are as well. And this Congress lumbia had over 1,000 visits from mili- too share the burden and are making a last year took the initiative in increas- tary children suffering from behavioral great sacrifice in protecting our Na- ing by an historic unprecedented level and mental health problems. These are tion. funding for VA medical care so that just normal kids who want what any I would also like to take the oppor- when those parents leave the military, child wants, their mothers and fathers tunity to thank the organization Kids they will continue to get their military at home to tuck them in at night reas- Serve Too. It is in my congressional care. I urge support of this resolution. suring them everything will be all district, and is dedicated to the needs Mr. WITTMAN of Virginia. I yield right. of military families everywhere. It was back the balance of my time. Today more than 2,300,000 Americans created by military families to support Ms. BORDALLO. Madam Speaker, I demonstrate their courage and com- other military families. Kids Serve Too yield back the balance of my time.

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2022 CONGRESSIONAL RECORD — HOUSE April 8, 2008 The SPEAKER pro tempore. The Theodore Roosevelt, Jr., Major General Wil- Whereas the Selected Reserve component question is on the motion offered by liam J. Donovan (Director of the Office of of the Army Reserve is comprised of more the gentlewoman from Guam (Ms. Strategic Services during World War II), Drs. than 30,000 officers and 150,000 enlisted sol- Charles H. Mayo and William J. Mayo, and diers who have volunteered their personal BORDALLO) that the House suspend the Captain Eddie Rickenbacker; service in defense of the Constitution and rules and agree to the resolution, H. Whereas the Army Reserve contributed their fellow citizens; Res. 265, as amended. 169,500 soldiers to the Army during World Whereas the Army and the Army Reserve The question was taken; and (two- War I; are recognized as institutions that have thirds being in the affirmative) the Whereas the Army Reserve contributed played historic and decisive roles in pro- rules were suspended and the resolu- 200,000 soldiers and 29 percent of the Army’s moting the cause of individual dignity and tion, as amended, was agreed to. officers during World War II and was recog- the value of integration; A motion to reconsider was laid on nized by General George C. Marshall for its Whereas nearly one in four Selected Re- serve soldiers and more than one in five Indi- the table. unique and invaluable contributions to the national defense; vidual Ready Reserve soldiers are women f Whereas 240,500 soldiers of the Army Re- whose contributions are consistently charac- CONGRATULATING THE ARMY serve were called to active duty during the terized by a high degree of commitment, pro- fessionalism, and military bearing; RESERVE ON ITS CENTENNIAL Korean War; Whereas more than 60,000 Army Reserve Whereas the ability of individual soldiers and the Army Reserve to perform their war- Ms. BORDALLO. Madam Speaker, I soldiers were called to active duty during the time missions is contingent on the active en- move to suspend the rules and pass the Berlin Crisis; gagement and support of their families, em- joint resolution (H.J. Res. 70) congratu- Whereas 35 Army Reserve units were acti- ployers, and local communities; vated and deployed in support of operations lating the Army Reserve on its centen- Whereas the Army Reserve is a commu- in Vietnam, where they served with distinc- nial, which will be formally celebrated nity-based force with an active presence in tion and honor; on April 23, 2008, and commemorating 1,100 communities and 975 Army Reserve cen- Whereas the Army Reserve contributed the historic contributions of its vet- ters in operation throughout the United erans and continuing contributions of more than 94,000 soldiers in support of Oper- States; ations Desert Storm and Desert Shield in its soldiers to the vital national secu- Whereas Sir Winston Churchill once re- 1990 and 1991; marked that ‘‘Reservists are twice the cit- rity interests and homeland defense Whereas the Army Reserve contributed missions of the United States, as izen’’, a sentiment that applies especially to more than 48 percent of the reserve compo- the soldiers of the Army Reserve; and amended. nent soldiers mobilized in support of Oper- Whereas the Army Reserve makes these The Clerk read the title of the joint ation Joint Endeavor and Operation Joint contributions to the security of our nation resolution. Guard in Bosnia; in return for less than 5 percent of the The text of the joint resolution is as Whereas since September 11, 2001, the Army’s total budget: Now, therefore, be it follows: Army Reserve has provided indispensable Resolved by the Senate and House of Rep- and sustained support for Operations Endur- resentatives of the United States of America in H.J. RES. 70 ing Freedom, Noble Eagle, and Iraqi Free- Congress assembled, That the Congress— Whereas on January 9, 1905, the 26th Presi- dom, with 98 percent of units either deployed (1) congratulates the Army Reserve on the dent of the United States, Theodore Roo- or providing mobilized soldiers, and more occasion of the 100th anniversary of the en- sevelt, dispatched a ‘‘special message’’ to the than 147,000 individual soldiers being mobi- actment of its original authorizing law; Senate and the House of Representatives lized (of which more than 110,000 individual (2) recognizes and commends the Army Re- that ‘‘earnestly recommended passage’’ of soldiers have deployed) in support of the serve for the selfless and dedicated service of legislation to establish a Federal reserve Global War on Terrorism; its past and present citizen-soldiers whose force of skilled and trained personnel to Whereas more than 39,000 individual sol- personal courage, contributions, and sac- bring ‘‘our Army . . . to the highest point diers of the Army Reserve have served mul- rifices have helped preserve the freedom and of efficiency’’; tiple deployments since September 11, 2001; advance the national security and homeland Whereas on December 14, 1905, the then- Whereas 13,003 Army Reserve soldiers were defense of the United States; and Secretary of War and later 27th President of forward-deployed in the Central Command (3) extends its gratitude to the veterans, the United States, William Howard Taft, Area of Responsibility on October 31, 2007, soldiers, families, and employers whose es- transmitted to the Senate and the House of and 102 soldiers of the Army Reserve had sential and constant support have enabled Representatives a draft bill and letter au- borne the ultimate sacrifice in support of Op- the Army Reserve to accomplish its vital thored by Major General Leonard Wood, erations Enduring Freedom and Iraqi Free- missions and renews our Nation’s commit- ‘‘strongly commending . . . proposed legis- dom through October 31, 2007; ment in support of their noble efforts. lation’’ to ‘‘increase the efficiency of the Whereas the Army Reserve is organized The SPEAKER pro tempore. Pursu- Medical Corps of the Army’’ by establishing into 3 components, the Ready Reserve, the ant to the rule, the gentlewoman from a Federal reserve force comprised of spe- Standby Reserve, and the Retired Reserve, Guam (Ms. BORDALLO) and the gen- cially trained personnel; which together contain more than 601,000 Whereas in response to the recommenda- soldiers; tleman from Virginia (Mr. WITTMAN) tions of President Theodore Roosevelt and Whereas the Army cannot go to war or sus- each will control 20 minutes. senior military and civilian leaders, the 60th tain a military operation without the highly The Chair recognizes the gentle- Congress enacted Public Law 101, entitled skilled and trained personnel of the Army woman from Guam. ‘‘An Act to increase the efficiency of the Reserve; GENERAL LEAVE Medical Department of the United States Whereas the Army Reserve provides more Ms. BORDALLO. Madam Speaker, I Army’’, ch. 150, 35 Stat. 66, which was signed than 37 percent of the mission essential com- ask unanimous consent that all Mem- into law on April 23, 1908, by President Theo- bat support and combat service support bers may have 5 legislative days within dore Roosevelt; forces of the Army; which to revise and extend their re- Whereas Public Law 101 authorized the es- Whereas 100 percent of the Army’s Intern- marks on the resolution now under tablishment of the first Federal reserve force ment Settlement Brigades, Judge Advocate and the first reservoir of trained officers in a General Units (Legal Support Organiza- consideration. reserve status for a United States military tions), Medical Groups, Railway Units, and The SPEAKER pro tempore. Is there service; Training and Exercise Divisions are in the objection to the request of the gentle- Whereas Congress subsequently adapted, Army Reserve; woman from Guam? expanded, and amended the reserve organiza- Whereas more than 66 percent of the There was no objection. tion of the Army to include additional mili- Army’s Civil Affairs Units, Psychological Ms. BORDALLO. Madam Speaker, I tary occupational specialties and capabili- Operations Units, Theater Signal Commands, yield myself such time as I may con- ties and established the organization today Expeditionary Sustainment Commands, and sume. known as the Army Reserve; Medical Capabilities are in the Army Re- I rise today in support of H.J. Res. 70, Whereas the Army Reserve has played a serve; which commemorates 2008 as the cen- major role in the defense of our Nation and Whereas the Army Reserve is no longer a tennial of the United States Army Re- in furtherance of United States interests for force held in strategic reserve but today serve, celebrating the historic con- 100 years; functions as an integral and essential oper- tributions of its veterans and con- Whereas many distinguished Americans ational reserve in support of the missions of have served honorably and with distinction the active Army; tinuing contributions of its soldiers to in the Army Reserve, including Presidents Whereas the Army cannot go to war or sus- operations at home and abroad. I thank Harry S. Truman and Ronald W. Reagan, the tain a military operation without the skilled my colleague, Mr. BISHOP of Georgia, former Chairman of the Joint Chiefs of Staff, and trained Ready Reserve and Retired Re- for introducing this important resolu- General Henry H. Shelton, Brigadier General serve soldiers of the Army Reserve; tion.

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2023 On January 9, 1905, the 26th President Madam Speaker, I rise in strong sup- ests are protected and defended in of the United States, Theodore Roo- port of House Joint Resolution 70, as times of war and peace. sevelt, dispatched a special message to amended, which congratulates the I’m very gratified by the outpouring the Senate and the House of Represent- Army Reserve on its centennial. of bipartisan support that this resolu- atives recommending passage of legis- There are over 340 Army reservists in tion has received. It’s indicative of the lation to establish a Federal Reserve Virginia’s First Congressional District, high regard and esteem in which the force of trained personnel to bring our and over 150 have been mobilized in Army Reserve is held among Members Army to its highest point of efficiency. support of the global war on terror. of Congress and the American people. Beginning as a supplementary unit at Ever since 1908 when the Army Reserve As a current member of the Appro- the turn of the 20th century, our Army began as a means to increase the effi- priations Subcommittee on Defense, as Reserve soldiers have shown immeas- ciency of the Army Medical Corps, the well as the Military Construction and urable dedication and valor through Army Reserve and its soldiers have Veterans Affairs Committee, I’ve been the broadening of their inceptive pur- stepped up magnificently to every extremely impressed by the level of pose. The Army Reserve has developed challenge and mission presented to commitment that Army Reserve sol- from a few support troops during World them. diers bring to their work, and by their War I into a vital and sustained oper- Those challenges span the breadth of high degree of professionalism. They ational force for current and future op- the American wars in the past 100 truly are ‘‘twice the citizen,’’ as Win- erations. This Federal force has been years. In World War I, 169,500 Army re- ston Churchill once remarked. deployed in different capacities, serv- servists served; in World War II, 200,000, Today, the U.S. Army Reserve is ing in eight wars and defending the in- including 29 percent of the Army’s offi- composed of more than 30,000 officers terests of the United States and its al- cer corps; in Korea, 240,500; in Oper- and 150,000 enlisted soldiers. They have lies in World War I, World War II, ation Desert Shield and Desert Storm, an active presence in 1,100 communities Korea, Vietnam, Russia, Berlin, Pan- 94,000. And since September 11, 2001, across our Nation, contributing mili- ama, the Persian Gulf, Somalia, Haiti, 147,000 Army reservists have been mo- tary values, important job skills, and Bosnia, Kosovo, Kenya, Iraq and nu- bilized in support of the global war on economic support. They are husbands merous humanitarian missions in other terror; 110,000 have deployed, 39,000 and wives, fathers and mothers, sons countries during its first 100 years. In- have served multiple deployments, and and daughters. They are our neighbors, volvement in operations Desert Storm, 102 have died in the war on terror. our friends, our acquaintances and our Desert Shield, Joint Endeavor, Joint Army reservists are citizen soldiers colleagues at work. These soldiers can Guard, Enduring Freedom, Noble active in 1,100 communities across the be called up at any time to serve our Eagle, and Iraqi Freedom shows the Nation. They are the sons and daugh- Nation, and they must be trained and Army is incomplete without the skilled ters, mothers and fathers of America. prepared to respond at a moment’s no- and trained personnel of its Reserve. They are remarkable in many respects, tice. The Army Reserve has grown from but no more so than their willingness Here in the House of Representatives, 160 medical officers to virtually 200,000 to serve this Nation in a professional 24 Members, including myself, have soldiers who play a major role in the and unselfish manner. They continue been privileged to serve in the Re- defense of our Nation and who continue to serve today knowing that they will serves. In fact, two of the lead sponsors in the furtherance of the United States likely be deployed away from home, of this resolution, Representatives defense interests. STEVE BUYER and JOHN SHIMKUS, still At this moment approximately 50,000 family and civilian employment. For many in America, the patriot- serve in the Army Reserve. of our Nation’s Army Reserve soldiers As this resolution notes, the role of are serving on active duty around the ism, commitment, and sacrifice of these remarkable citizens called Army today’s Army Reserve soldier has ex- world. These men and women volun- panded and changed dramatically since tarily put their civilian careers and reservists goes unnoticed. I believe every effort should be made to high- President Roosevelt first requested family lives on hold. And in most that Congress establish a reserve of cases, they do so for over a year which light and acknowledge their service to trained officers. On April 23, 1908, Con- is a testament to their selflessness, pa- a grateful Nation. So it is entirely gress responded to the President’s re- triotism, and willingness to sacrifice proper and fitting that we take this quest by establishing a permanent re- for the good of our country. moment not only to mark an historical Indeed, I am extremely proud of all of milestone of 100 years of service to the serve corps of trained medical officers. our Armed Forces: the Army, the Navy, Nation by the Army Reserve, but also The modest corps represented the hum- the Air Force, the Marine Corps and to honor those soldiers past and ble start of what is today a multi-fac- the National Guard. Our entire mili- present who have served and are serv- eted operational and strategic force. tary continues to work diligently in a ing so honorably as well as Army re- Since then, their duties have ex- time of conflict, and deserves the high- servists. panded. The Army Reserve is now an integral component in any active U.S. est respect for their courage in the face b 1445 of adversity. Army mission. They have answered the H.J. Res. 70 is our way, as the United Madam Speaker, I strongly urge my call of duty in World Wars I and II, States Congress, of recognizing the colleagues to support this joint resolu- Korea, Vietnam, the Cold War, Pan- centennial of our Army Reserve, a tion. ama, the Gulf War, Somalia, Haiti, force that our institution played a role I reserve the balance of my time. Bosnia, Kosovo and, of course, since in creating 100 years ago. This resolu- Ms. BORDALLO. Madam Speaker, I September 11, 2001, in Operation Noble tion honors the sacrifice and tremen- yield 5 minutes to my friend and col- Eagle, Operation Iraqi Freedom, and dous distinction of the millions of league, the gentleman from Georgia Operation Enduring Freedom. American men and women who have (Mr. BISHOP), the original sponsor of Through October 31, 2007, 102 Army served as Army soldiers since April 23, this joint resolution. Reserve soldiers made the ultimate 1908. Mr. BISHOP of Georgia. Madam sacrifice while serving in Iraq and Af- Madam Speaker, I again thank our Speaker, I’m honored to sponsor this ghanistan. Since then, an additional colleague from Georgia (Mr. BISHOP) bipartisan resolution, along with Rep- four Reserve officers have lost their for his initiative in bringing us to- resentatives BUYER, SHIMKUS and TAY- lives in combat. We dedicate this reso- gether today to recognize and honor LOR, to congratulate the United States lution to their memory and to the the Army Reserve on the occasion of Army Reserve on its 100th anniversary, memory of all Reserve soldiers who its 100th anniversary, and I urge my which will be formally celebrated on fought and died defending our Nation’s colleagues to support the resolution. April 23, 2008. freedoms throughout our history. Madam Speaker, I reserve the bal- The resolution, which has 260 cospon- We dedicate this resolution to our ance of my time. sors, also commemorates the contribu- living heroes as well, to those men and Mr. WITTMAN of Virginia. Madam tions of Army Reserve veterans who’ve women who continue their service to Speaker, I yield myself such time as I helped to ensure that the United our Nation in the U.S. Army Reserve may consume. States’ vital national security inter- today.

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2024 CONGRESSIONAL RECORD — HOUSE April 8, 2008 I want to commend several staff The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Is there members for the outstanding work in objection to the demand for the yeas objection to the request of the gentle- bringing this resolution to the floor: and nays? woman from Guam? Kevin Coughlin, Joe Hicken and John There was no objection. There was no objection. Chapla on the House Armed Services The yeas and nays were ordered. Ms. BORDALLO. Madam Speaker, I Committee, Tim Welter and Abel The SPEAKER pro tempore. Pursu- yield myself such time as I may con- Carreiro on Congressman BUYER’s staff, ant to clause 8 of rule XX and the sume. Grant Culp from Congressman Chair’s prior announcement, further I rise today in support of House Reso- SHIMKUS’ staff, Randy Jennings on proceedings on this motion will be lution 1020, recognizing the tremendous Congressman TAYLOR’s staff, David postponed. service that members of our Armed Forces have provided to the country, Whitney on the House Judiciary Com- f mittee, Lieutenant General Jack C. especially those who have been wound- Stultz and Lieutenant Colonel Rob RECOGNIZING THE TREMENDOUS ed in combat. I thank our colleague Young of the Army Reserve, and Jona- SERVICE THAT MEMBERS OF from Vermont (Mr. WELCH) for intro- than Halpern and Ed Larkin on my ARMED FORCES HAVE GIVEN TO ducing this resolution. staff. THE NATION Soldiers, sailors, airmen, marines and their families are making extraor- Madam Speaker, I, again, thank my Ms. BORDALLO. Madam Speaker, I dinary sacrifices in service to our coun- colleagues who are cosponsors for their move to suspend the rules and agree to try. Over 4,500 servicemembers have extraordinary support of this resolu- the resolution (H. Res. 1020) recog- made the ultimate sacrifice in Oper- tion, and I urge its immediate adop- nizing the tremendous service that ations Enduring Freedom and Iraqi tion. members of the Armed Forces have Freedom. Nearly 32,000 servicemembers Mrs. BACHMANN. Madam Speaker, as the given to the Nation, especially those Army Reserve celebrates its centennial, I rise have been wounded, of which a little who have been wounded in combat, as over 17,000 have returned to duty. to congratulate the Reserve on its dedicated amended. service and sacrifice to ensure our Nation’s Today, servicemembers have an un- The Clerk read the title of the resolu- precedented chance of survival, unlike freedom. Since its inception on April 23, 1908, tion. the Reserve and its more than 1 million cit- those who had similar wounds in Viet- The text of the resolution is as fol- nam and the Second World War. The izen-soldiers have protected American citizens lows: at home and abroad. When tyranny raises its medical advances that have taken fist and liberty is threatened, the citizen-soldier H. RES. 1020 place on the current battlefield have answers the call to ease the suffering. For Whereas United States soldiers, sailors, made these significant achievements this, our Nation is forever grateful. airmen, Marines, and their families have possible. Today, more than 20,000 Army Reserve sol- made extraordinary sacrifices to serve our However, while members are sur- country in Afghanistan and Iraq; diers are deployed in Iraq, Afghanistan, and viving their injuries and wounds at an Whereas more than 1,600,000 members of unprecedented rate, they are coming 18 other countries, with an additional 7,000 the Armed Forces of the United States have Army Reserve serving in the United States. In been deployed in Operation Enduring Free- home with more complex psychological my home State of Minnesota, historic Fort dom or Operation Iraqi Freedom since Sep- injuries. These individuals who have Snelling is the proud home to the 88th Re- tember 2001; honorably served our Nation may need gional Readiness Command, comprised of Re- Whereas more than 30,000 soldiers, sailors, medical care and assistance for the rest serve units from Minnesota, Wisconsin, Illinois, airmen, and Marines have been wounded in of their lives. Indiana, Michigan, and Ohio. America’s great- battle; House Resolution 1020 commits this ness lies in her people, and the American sol- Whereas advances in battlefield medicine Congress to ensuring that these brave, have resulted in hundreds of lives being dier is the embodiment of hard work, patriot- wounded warriors receive the best med- saved; and ical care available, and commends all ism and service, the finest of America’s prin- Whereas both physical and mental injuries ciples. sustained during combat have a life-altering Americans who volunteer to support Madam Speaker, it is my honor to recognize impact on our servicemen and women as well these wounded warriors and their fami- today the selfless commitment and sacrifice of as their families: Now, therefore, be it lies. so many citizen-soldiers. It is they who lay Resolved, That the House of Representa- So, Madam Speaker, I again com- down their lives to defend those who cannot tives— mend our colleague from Vermont (Mr. defend themselves. It is they who lay down (1) recognizes the tremendous service that WELCH) for his introduction of this res- their lives to protect the rights of those who our soldiers, sailors, airmen, and Marines olution, and I urge my colleagues to have given to the Nation, especially those support its passage. disrespect our flag and our Nation. And it is who have sustained injury in combat; they who lay down their lives so that true free- I reserve the balance of my time. (2) is committed to providing wounded war- Mr. WITTMAN of Virginia. Madam dom will never know extinction. As April 23 riors with the highest quality medical care Speaker, I yield myself such time as I approaches, let us remember and be forever available, and to supporting wounded mem- grateful for the Army Reserve’s 100 years of bers of all Armed Forces and their families might consume. Madam Speaker, I rise in strong sup- noble service and sacrifice to our Nation. during their recovery; Mr. WITTMAN of Virginia. Madam (3) commends the actions of private citi- port of House Resolution 1020, as Speaker, I yield back the balance of zens and organizations who volunteer their amended, which recognizes the tremen- my time. continued support to America’s wounded dous service that members of the Ms. BORDALLO. Madam Speaker, at warriors; and Armed Forces have given to the Na- (4) encourages Members and all citizens to tion, especially those who have been this time I have no further requests for take steps to show support and appreciation time, and I yield back the balance of wounded in combat. for returning troops, especially those who Madam Speaker, throughout our his- my time. have been wounded. The SPEAKER pro tempore. The tory, America’s sons and daughters The SPEAKER pro tempore. Pursu- have been called upon to fight our Na- question is on the motion offered by ant to the rule, the gentlewoman from the gentlewoman from Guam (Ms. tion’s wars to preserve our freedom and Guam (Ms. BORDALLO) and the gen- BORDALLO) that the House suspend the our way of life. Each time we have tleman from Virginia (Mr. WITTMAN) rules and pass the joint resolution, H.J. gone to war, these brave men and each will control 20 minutes. women who answered the call, unfortu- Res. 70, as amended. The Chair recognizes the gentle- The question was taken. nately, have been wounded and injured; The SPEAKER pro tempore. In the woman from Guam. 204,002 in World War I, 671,846 in World opinion of the Chair, two-thirds being GENERAL LEAVE War II, 103,284 in Korea, 153,303 in Viet- in the affirmative, the ayes have it. Ms. BORDALLO. Madam Speaker, I nam, and 467 in Desert Storm. The SPEAKER pro tempore. Does the ask unanimous consent that all Mem- Today, Madam Speaker, as we con- gentlewoman from Guam seek recogni- bers have 5 legislative days within tinue to fight terrorism throughout the tion? which to revise and extend their re- world, 30,000 soldiers, sailors, airmen Ms. BORDALLO. Madam Speaker, on marks on the resolution now under and Marines have been wounded and in- that I demand the yeas and nays. consideration. jured in Iraq and Afghanistan. As with

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2025 previous generations, these men and tion. This young man is actually a to voice strong support for H. Res. 1020, women are our Nation’s finest, and we lucky one. He was able to recover with which expresses the commitment of owe them more than just our grati- the help of a caring family and a sup- this Congress to our injured heroes, en- tude. portive wife. There are many others sures they’re receiving the highest Madam Speaker, since the beginning that are not as fortunate, and it is our quality of health care available and en- of the wars in Iraq and Afghanistan, responsibility to provide them with the courages all Americans to show sup- Congress and the American people have best physical and emotional support port and appreciation for our veterans. made it clear that our combat wounded possible. Today, I want to take time to thank deserve the best our Nation has to Over the last year, Congress has all of the servicemen and -women and offer. To that end, Congress has worked taken many steps to enhance the qual- their families for their sacrifices. I hard to ensure that the needs of the ity of care of our veterans, including know the pride of having a son serve in wounded troops and their families are passing the largest increase in vet- the United States military, and my met. From the best health care to jobs, erans’ health funding in history, but wife, Sue, and I pray every day for the to education benefits, the Members of there is still more to be done. safety of our fighting men and women this House have and will continue to With this legislation, we do a simple abroad and here at home. insist that the support to the wounded but necessary thing; we take a moment When our soldiers go into battle, we can all agree that they deserve the best and injured is unsurpassed. to thank the men and women of the Madam Speaker, there is no question Armed Services who have been wound- training, equipment, and necessary re- sources to accomplish their mission. that serving in combat is a profoundly ed in the line of duty and for their Congress has an obligation to care for life-altering experience. Men and service and their sacrifice. America’s wounded heroes when they women who survive the horrors of com- I urge my colleagues to support pas- return home from the battlefield. I be- bat return home forever changed. Our sage of House Resolution 1020. lieve the least we can do is to provide Nation is eternally indebted to the b 1500 the highest quality medical care to the brave men and women of the Armed Mr. WITTMAN of Virginia. Madam brave men and women of our Armed Forces who fight to preserve our free- Speaker, I reserve the balance of my Forces when they’re injured defending doms. time. the freedoms that we enjoy. It is right and fitting, Madam Speak- Ms. BORDALLO. Madam Speaker, I Right now, we have more wounded er, that today we recognize the service yield 2 minutes to my friend and col- warriors returning home than ever be- and the sacrifice of the members of the league, the gentleman from Vermont fore because of improved medical tech- Armed Forces who have been wounded (Mr. WELCH), the original sponsor of nology and advanced equipment to while serving this great Nation. this very important resolution. transport our sick and wounded. The I’d like to thank my friend and col- Mr. WELCH of Vermont. Madam thousands of men and women serving league from Vermont (Mr. WELCH) for Speaker, I thank the gentlewoman in the military who have been wounded introducing this resolution, and I from Guam, my cosponsor and trav- serving in Iraq and Afghanistan and strongly urge all Members to support eling companion, the new Member, the other wars deserve the best treatment this resolution. distinguished Member already from and care available. Madam Speaker, I reserve the bal- Virginia, my cosponsors. I look forward to working with my ance of my time. You know, they have said it pretty colleagues in a nonpartisan manner to Ms. BORDALLO. Madam Speaker, I well. There’s nothing that we can say make sure Congress delivers on our re- yield 3 minutes to my friend and col- or do that will acknowledge our appre- sponsibility. I urge my colleagues to league, the gentleman from New York ciation for the sacrifice that the men support H. Res. 1020 and support our (Mr. HIGGINS). and women of the uniformed services wounded warriors. Mr. HIGGINS. I want to thank the have given to this country. Ms. BORDALLO. Madam Speaker, at sponsor of this bill, Mr. WELCH, from What we are acknowledging here is this time I have no further requests for Vermont. that we have a common commitment time. I am prepared to close after my Madam Speaker, I’m proud to be an to meeting the needs of those soldiers colleague has yielded back his time. I original cosponsor of House Resolution and sailors and airmen who return continue to reserve the balance of my 1020. Thanks to advances in modern from active duty. What we are also ac- time. technology, many American soldiers knowledging is that in this war, very Mr. WITTMAN of Virginia. Madam serving in Iraq and Afghanistan have much unlike past conflicts, our sol- Speaker, I yield back the balance of my time. lived through events that would have diers, benefiting from this extraor- Ms. BORDALLO. Madam Speaker, at previously cost them their lives. Of the dinary battlefield medicine, are return- 1.6 million servicemembers that have this time I have no further speakers, ing with extraordinary injuries. That is and I would like to extend my sincerest been deployed in Operation Enduring what they will have to live with for the Freedom, in Operation Iraqi Freedom thanks to my colleague on the House rest of their lives. Committee on Armed Services and Nat- since September, 2001, more than 30,000 Many of us have had the opportunity have been wounded in battle. ural Resources, Mr. WITTMAN. I’ve en- to visit some of these soldiers out at joyed working with him on the floor The numbers are staggering, but we Bethesda, out at Walter Reed. We are are here today to acknowledge that this afternoon. trying, in this small gesture, to ac- Madam Speaker, I yield back the bal- these wounded warriors are not just knowledge the sense that all of us have ance of my time. statistics; they are men and women in Congress of our debt and our obliga- The SPEAKER pro tempore. The from across the country who have tion and our appreciation to them. question is on the motion offered by faced unique situations and struggles, Madam Speaker, next week, we are the gentlewoman from Guam (Ms. and they have individual stories to tell. going to have a group of these service- BORDALLO) that the House suspend the Last summer I had the honor to meet men and -women visiting us in the Cap- rules and agree to the resolution, H. a young man from my district who was itol. I’m going to be joining with my Res. 1020, as amended. injured in a roadside bomb explosion in colleagues here today to welcome those The question was taken; and (two- Iraq that killed three other soldiers men and women of the uniformed serv- thirds being in the affirmative) the riding in the same HUMVEE. He suf- ices to this Capitol, and I will encour- rules were suspended and the resolu- fered extensive injuries, including a age all of us to join in welcoming them tion, as amended, was agreed to. broken back and elbow, and underwent personally to thank them for their sac- A motion to reconsider was laid on two surgeries at a hospital in Germany rifice. the table. before being transferred to Walter Reed Mr. WITTMAN of Virginia. Madam f Army Medical Center. Speaker, I yield to the gentleman from Quick reaction by the medics meant Michigan (Mr. WALBERG) as much time EARLY HEARING DETECTION AND that instead of being paralyzed, he can as he may consume. INTERVENTION ACT OF 2008 now walk again, but only after exten- Mr. WALBERG. Madam Speaker, I Mrs. CAPPS. Madam Speaker, I move sive surgeries and painful rehabilita- rise with my colleague from Vermont to suspend the rules and pass the bill

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2026 CONGRESSIONAL RECORD — HOUSE April 8, 2008 (H.R. 1198) to amend the Public Health screening, evaluation, diagnosis, and interven- I would like to thank the Deaf and Service Act regarding early detection, tion programs’’; Hard of Hearing Alliance, the Amer- (5) in subsection (e)— diagnosis, and treatment of hearing (A) in paragraph (3), by striking ‘‘ensuring ican Academy of Audiology, and the loss, as amended. that families of the child’’ and all that follows March of Dimes for their support of The Clerk read the title of the bill. and inserting ‘‘ensuring that families of the this legislation. Let’s continue to build The text of the bill is as follows: child are provided comprehensive, consumer-ori- upon the success of the past 8 years and H.R. 1198 ented information about the full range of family make sure that every child has access Be it enacted by the Senate and House of Rep- support, training, information services, and lan- to diagnosis and treatment of hearing resentatives of the United States of America in guage and communication options and are given loss. Congress assembled, the opportunity to consider and obtain the full Madam Speaker, I reserve the bal- range of such appropriate services, educational SECTION 1. SHORT TITLE. ance of my time. and program placements, and other options for This Act may be cited as the ‘‘Early Hearing their child from highly qualified providers.’’; Mr. DEAL of Georgia. Madam Speak- Detection and Intervention Act of 2008’’. and er, I yield myself such time as I may SEC. 2. EARLY DETECTION, DIAGNOSIS, AND (B) in paragraph (6), by striking ‘‘, after re- consume. TREATMENT OF HEARING LOSS. screening,’’; and I would like to join my colleague in Section 399M of the Public Health Service Act (6) in subsection (f)— supporting H.R. 1198, the Early Hearing (42 U.S.C. 280g–1) is amended— (A) in paragraph (1), by striking ‘‘fiscal year Detection and Intervention Act of 2008. (1) in the section heading, by striking ‘‘IN- 2002’’ and inserting ‘‘fiscal years 2009 through FANTS’’ and inserting ‘‘NEWBORNS AND IN- 2014’’; This legislation reauthorizes the FANTS’’; (B) in paragraph (2), by striking ‘‘fiscal year Early Hearing Detection and Interven- (2) in subsection (a)— 2002’’ and inserting ‘‘fiscal years 2009 through tion Program, which was first enacted (A) in the matter preceding paragraph (1), by 2014’’; and in 2000 to help States develop newborn striking ‘‘screening, evaluation and intervention (C) in paragraph (3), by striking ‘‘fiscal year hearing screening and early interven- programs and systems’’ and inserting ‘‘screen- 2002’’ and inserting ‘‘fiscal years 2009 through tion programs. This program has suc- ing, evaluation, diagnosis, and intervention pro- 2014’’. cessfully improved newborn screening grams and systems, and to assist in the recruit- The SPEAKER pro tempore. Pursu- for hearing loss, which allows many ment, retention, education, and training of ant to the rule, the gentlewoman from children to benefit from early detec- qualified personnel and health care providers,’’; California (Mrs. CAPPS) and the gen- (B) by amending paragraph (1) to read as fol- tion. This provides enhanced opportu- tleman from Georgia (Mr. DEAL) each lows: nities for language and communication ‘‘(1) To develop and monitor the efficacy of will control 20 minutes. skill development. statewide programs and systems for hearing The Chair recognizes the gentle- Unfortunately, children experiencing screening of newborns and infants; prompt eval- woman from California. hearing loss who are not identified uation and diagnosis of children referred from GENERAL LEAVE early can have delays in speech, lan- screening programs; and appropriate edu- Mrs. CAPPS. Madam Speaker, I ask guage, and cognitive development. cational, audiological, and medical interven- unanimous consent that all Members Through grant programs, this legisla- tions for children identified with hearing loss. may have 5 legislative days to revise Early intervention includes referral to and de- tion helps ensure infants with hearing and extend their remarks and include losses are identified and receive appro- livery of information and services by schools extraneous material on the bill under and agencies, including community, consumer, priate follow-up care. The bill also es- and parent-based agencies and organizations consideration. tablishes a post-doctoral fellowship The SPEAKER pro tempore. Is there and other programs mandated by part C of the program to improve early hearing de- objection to the request of the gentle- Individuals with Disabilities Education Act, tection research. woman from California? which offer programs specifically designed to This legislation moved through our meet the unique language and communication There was no objection. needs of deaf and hard of hearing newborns, in- Mrs. CAPPS. Madam Speaker, I yield committee in a bipartisan fashion, and fants, toddlers, and children. Programs and sys- myself such time as I may consume. I would urge its adoption. tems under this paragraph shall establish and I rise in strong support of H.R. 1198, I reserve the balance of my time. foster family-to-family support mechanisms that the Early Hearing Detection and Inter- Mrs. CAPPS. Madam Speaker, I con- are critical in the first months after a child is vention Act. I’m very proud to have in- tinue to reserve the balance of my identified with hearing loss.’’; and troduced this bill with Congressman time. (C) by adding at the end the following: JIM WALSH of New York, who has Mr. DEAL of Georgia. Madam Speak- ‘‘(3) To develop efficient models to ensure that championed this issue for many years. er, I am pleased to yield 3 minutes to newborns and infants who are identified with a the gentleman from New York (Mr. hearing loss through screening receive follow-up This bill is near and dear to me as co- by a qualified health care provider. These mod- chair of both the Hearing Health Cau- WALSH) who was the sponsor of the els shall be evaluated for their effectiveness, and cus and the Infant Health and Safety original legislation which this bill State agencies shall be encouraged to adopt Caucus. seeks to reauthorize. models that effectively increase the rate of oc- The Early Hearing Detection and Mr. WALSH of New York. Madam currence of such follow-up. Intervention Program is one of those Speaker, I thank my friend and col- ‘‘(4) To ensure an adequate supply of quali- success stories that are often rare in league, Mr. DEAL from Georgia, for fied personnel to meet the screening, evaluation, Washington. Since its authorization in yielding time and his leadership on diagnosis, and early intervention needs of chil- 2000, we have seen a tremendous in- health issues. I would also like to dren.’’; (3) in subsection (b)— crease in the number of newborns who thank my colleague from California, (A) in paragraph (1)(A), by striking ‘‘hearing are being screened for hearing loss, but LOIS CAPPS, who’s done such a mar- loss screening, evaluation, and intervention pro- our work is not done. We need to en- velous job of leading the Hearing Cau- grams’’ and inserting ‘‘hearing loss screening, sure that every newborn is screened cus for the past several years. evaluation, diagnosis, and intervention pro- and that every family that needs ac- I would like to recognize, also, my grams’’; and cess to follow-up care is given that ac- cochairs along with Congresswoman (B) in paragraph (2)— cess. CAPPS, VERN EHLERS, and CAROLYN (i) by striking ‘‘for purposes of this section, I have been a school nurse for over 20 MCCARTHY, who also worked long and continue’’ and insert the following: ‘‘for pur- poses of this section— years, and in those years, I can tell you hard on this issue, as well as the Deaf ‘‘(A) continue’’; firsthand what happens to a child who and Hard of Hearing Alliance, the Na- (ii) by striking the period at the end and in- has undiagnosed hearing loss and/or tional Center of Hearing for Assess- serting ‘‘; and’’; and never received proper intervention. ment and Management. Without their (iii) by adding at the end the following: They may fall behind in school and hard work, this important legislation ‘‘(B) establish a postdoctoral fellowship pro- they may face other social difficulties. would not have been possible. gram to foster research and development in the Early identification and intervention In the year 2000, Congress authorized area of early hearing detection and interven- are essential to a child’s well-being, the Children’s Health Act which, tion.’’; (4) in paragraphs (2) and (3) of subsection (c), and that’s what we aim to achieve among several initiatives, provided the by striking the term ‘‘hearing screening, evalua- through the reauthorization of the necessary authority for the U.S. De- tion and intervention programs’’ each place Early Hearing Detection and Interven- partment of Health and Human Serv- such term appears and inserting ‘‘hearing tion Act. ices to begin addressing the screening

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2027 and intervention needs of newborns and tain that every child who is screened (H.R. 2464) to amend the Public Health children with hearing loss. Indeed, with a hearing problem gets access to Service Act to provide a means for con- when this program began, there were appropriate interventions needed to tinued improvement in Emergency pilot programs in the country, prob- succeed. Medical Services for Children, as ably back about 12 or 13 years ago, 3 I urge my colleagues to support this amended. percent of the children born in the important legislation. Again, I thank The Clerk read the title of the bill. United States were tested. Today, it’s my cochairs on the caucus. The text of the bill is as follows: well over 95 percent of the entire uni- Mrs. CAPPS. Madam Speaker, I con- H.R. 2464 verse of newborns born in the United tinue to reserve. Be it enacted by the Senate and House of Rep- States today are being tested. Mr. DEAL of Georgia. I would urge resentatives of the United States of America in As we all know, the first 3 years of the adoption of the resolution, and I Congress assembled, life are the most important period for yield back the balance of my time. SECTION 1. SHORT TITLE. language and speech development. It is Mrs. CAPPS. Madam Speaker, I am This Act may be cited as the ‘‘Wakefield Act’’. essential that hearing impaired infants prepared to close, and as I do, I would SEC. 2. FINDINGS AND PURPOSE. and young children be identified and an like to remind us all that since the au- (a) FINDINGS.—Congress makes the following intervention begun in order to take full thorization of the Early Hearing Detec- findings: tion Intervention Act in 2000, we’ve (1) There are 31,000,000 child and adolescent advantage of the developing sensory seen a tremendous increase in the num- visits to the Nation’s emergency departments systems. If unidentified, these children bers of newborns who are being every year. will lose out on the crucial period of screened for hearing loss; and with this (2) Over 90 percent of children requiring emer- speech and language learning. passage of this reauthorization, we can gency care are seen in general hospitals, not in Auditory impairment can impact so- free-standing children’s hospitals, with one- continue to build upon the success of cial, emotional, cognitive, and aca- quarter to one-third of the patients being chil- the past 8 years and make sure that demic development leading to personal, dren in the typical general hospital emergency every child has access to diagnosis and vocational, and economical defects. De- department. treatment of hearing loss. (3) Severe asthma and respiratory distress are layed identification in management of Mr. VAN HOLLEN. Madam Speaker, I rise the most common emergencies for pediatric pa- severe to profound hearing loss can im- in strong support of the Early Hearing Detec- tients, representing nearly one-third of all hos- pede a child’s ability to adopt to life in tion and Intervention Act. pitalizations among children under the age of 15 a hearing or deaf community. Sadly, thousands of infants are born with a years, while seizures, shock, and airway ob- The early hearing, detection, and hearing loss each year. Fortunately, thanks to struction are other common pediatric emer- gencies, followed by cardiac arrest and severe intervention programs include screen- the Early Hearing Detection and Intervention ing, audiological evaluation, and early trauma. (EHDI) program that was established in 2000, (4) Up to 20 percent of children needing emer- intervention to enhance communica- today approximately 93 percent of all tion, thinking, and behavioral skills gency care have underlying medical conditions newborns are screened. Many infants with such as asthma, diabetes, sickle-cell disease, low needed to achieve academic and social hearing loss and their families have benefited birth weight, and bronchopulmonary dysplasia. success. The EHDI programs are serv- from early identification of hearing loss. The (5) Significant gaps remain in emergency med- ing a critical need in a successful man- EHDI program allows babies with hearing loss ical care delivered to children. Only about 6 per- ner. to develop normally and lead productive lives cent of hospitals have available all the pediatric Today, I call upon Congress to con- by ensuring that they will be ready to learn supplies deemed essential by the American tinue the success that has been experi- Academy of Pediatrics and the American College when they enter school. of Emergency Physicians for managing pediatric enced since the year 2000 and enact leg- However, many infants who are identified as islation to reauthorize EHDI programs. emergencies, while about half of hospitals have having a hearing disability due to the screen- at least 85 percent of those supplies. H.R. 1198 builds upon the EHDI author- ing tests do not receive timely follow-up care (6) Providers must be educated and trained to ization from the year 2000 to address because of shortages in trained professionals manage children’s unique physical and psycho- areas of continuing challenge. needed for infant hearing screening programs. logical needs in emergency situations, and emer- First, it would provide authority to We must do better in ensuring that infants and gency systems must be equipped with the re- address those children who are falling their families have access to comprehensive sources needed to care for this especially vulner- through cracks and not receiving nec- hearing loss care. The bill seeks to accom- able population. (7) Systems of care must be continually main- essary care after a screening that plish this by presiding comprehensive informa- shows they have potential hearing loss. tained, updated, and improved to ensure that tion about family support, training, and infor- research is translated into practice, best prac- Second, it is clear that family-to- mation services to the family of children identi- tices are adopted, training is current, and family support is critical in the first fied with hearing loss and ensure that they are standards and protocols are appropriate. months after a child is identified with given the opportunity to consider all the op- (8) The Emergency Medical Services for Chil- hearing loss. Excellent family-to-fam- tions of early intervention services, educational dren (EMSC) Program under section 1910 of the ily support programs developed by and program placements. Public Health Service Act (42 U.S.C. 300w–9) is state EHDI programs and other organi- This legislation will improve on the success- the only Federal program that focuses specifi- zations are not yet wildly imple- ful Early Hearing Detection and Intervention cally on improving the pediatric components of mented. This legislation would provide emergency medical care. program. I urge my colleagues to vote for this (9) The EMSC Program promotes the nation- the agency authority to support and much needed bill. wide exchange of pediatric emergency medical disseminate such programs that are Mrs. CAPPS. Madam Speaker, I yield care knowledge and collaboration by those with working for parents and their children. back the balance of my time. an interest in such care and is depended upon Third, it is clear that more research The SPEAKER pro tempore. The by Federal agencies and national organizations and study is needed in the area of hear- question is on the motion offered by to ensure that this exchange of knowledge and ing detection and intervention. the gentlewoman from California (Mrs. collaboration takes place. The SPEAKER pro tempore. The CAPPS) that the House suspend the (10) The EMSC Program also supports a multi- time of the gentleman has expired. rules and pass the bill, H.R. 1198, as institutional network for research in pediatric emergency medicine, thus allowing providers to Mr. DEAL of Georgia. I yield the gen- amended. The question was taken; and (two- rely on evidence rather than anecdotal experi- tleman an additional minute. ence when treating ill or injured children. Mr. WALSH of New York. I thank the thirds being in the affirmative) the (11) The Institute of Medicine stated in its gentleman. rules were suspended and the bill, as 2006 report, ‘‘Emergency Care for Children: H.R. 1198 would enable NIH to estab- amended, was passed. Growing Pains’’, that the EMSC Program lish a post-doctoral research fellowship A motion to reconsider was laid on ‘‘boasts many accomplishments . . . and the work program to effectively recruit re- the table. of the program continues to be relevant and searchers to become involved in early f vital’’. hearing detection and intervention. (12) The EMSC Program has proven effective b 1515 over two decades in driving key improvements in Finally, H.R. 1198 provides the agen- WAKEFIELD ACT emergency medical services to children, and cy the authority to address the short- should continue its mission to reduce child and age of trained health professionals and Mrs. CAPPS. Madam Speaker, I move youth morbidity and mortality by supporting other personnel necessary to make cer- to suspend the rules and pass the bill improvements in the quality of all emergency

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 6333 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2028 CONGRESSIONAL RECORD — HOUSE April 8, 2008 medical and emergency surgical care children en major improvements in emergency from the Vietnam War. The skills de- receive. care for children. In fact, injury-re- veloped to save soldiers’ lives on the (b) PURPOSE.—It is the purpose of this Act to lated deaths among children have battlefield were being put to use saving reduce child and youth morbidity and mortality dropped by 40 percent over that time victims of car crashes and other trau- by supporting improvements in the quality of all emergency medical care children receive. period. Enormous strides have been mas. SEC. 3. REAUTHORIZATION OF EMERGENCY MED- made in areas such as ensuring that all However, the bodies of adult soldiers ICAL SERVICES FOR CHILDREN PRO- ambulances carry appropriate pediatric are very different from those of kids. GRAM. supplies and equipment, and in col- By the early 1980s, doctors were seeing Section 1910 of the Public Health Service Act lecting data on pediatric emergency marked disparities in survival rates (42 U.S.C. 300w–9) is amended— care to inform future quality improve- among adults and children with similar (1) in subsection (a), by striking ‘‘3-year pe- ment efforts. Although much progress injuries. In fact, kids had twice the riod (with an optional 4th year’’ and inserting ‘‘4-year period (with an optional 5th year’’; has been achieved, more remains to be death rate in emergencies as adults. (2) in subsection (d)— done. In 1984, the Emergency Medical Serv- (A) by striking ‘‘and such sums’’ and insert- H.R. 2464 is an important piece of leg- ices for Children program was first ing ‘‘such sums’’; and islation that will work toward ensuring created. This unique act has driven (B) by inserting before the period the fol- the best emergency medical care for fundamental changes in America’s lowing: ‘‘, $25,000,000 for fiscal year 2009, children. emergency medical system. Since it $26,250,000 for fiscal year 2010, $27,562,500 for I would like to congratulate my col- was established, child injury death fiscal year 2011, $28,940,625 for fiscal year 2012, league on the Energy and Commerce rates have dropped 40 percent. The re- and $30,387,656 for fiscal year 2013’’; (3) by redesignating subsections (b) through Committee, JIM MATHESON, and com- search that resulted from this legisla- (d) as subsections (c) through (e), respectively; mend him for his hard work and dedi- tion helped establish pediatric emer- and cation to this important piece of legis- gency medicine as its own specialty. (4) by inserting after subsection (a) the fol- lation. Program grants have provided seed lowing: I encourage all of my colleagues to money to every State and territory to ‘‘(b)(1) The purpose of the program estab- join me in support of H.R. 2464. help first responders and hospitals im- lished under this section is to reduce child and Madam Speaker, I reserve the bal- prove children’s emergency care. In the youth morbidity and mortality by supporting improvements in the quality of all emergency ance of my time. mid-1980s, emergency personnel re- medical care children receive, through the pro- Mr. DEAL of Georgia. Madam Speak- ceived little training in caring for chil- motion of projects focused on the expansion and er, I yield myself such time as I may dren. Now, thanks to this program, improvement of such services, including those in consume. paramedics can be exclusively trained, rural areas and those for children with special Madam Speaker, I, too, rise in sup- and their ambulances are stocked with healthcare needs. In carrying out this purpose, port of H.R. 2464, which reauthorizes the equipment and supplies needed by the Secretary shall support emergency medical the Emergency Medical Services for seriously injured kids. services for children by supporting projects Children program. It is, indeed, the Nowhere has this been more critical that— only Federal program dedicated to im- than in rural areas where the closest ‘‘(A) develop and present scientific evidence; ‘‘(B) promote existing and innovative tech- proving emergency care for children. emergency room is often many miles nologies appropriate for the care of children; or Since its inception in 1984, death rates from the scene of an accident. Getting ‘‘(C) provide information on health outcomes due to pediatric injury have dropped it right for these small patients in the and effectiveness and cost-effectiveness. some 40 percent. first critical minutes often means the ‘‘(2) The program established under this sec- The program provides grants to difference between life and death. tion shall— States to improve existing medical Data collection and training semi- ‘‘(A) strive to enhance the pediatric capability emergency services systems, and to nars offered under this program, in- of emergency medical service systems originally designed primarily for adults; and evaluate pediatric emergency care data cluding from the Emergency Medical ‘‘(B) in order to avoid duplication and ensure to improve future treatment efforts. Services for Children Data Analysis that Federal resources are used efficiently and Many emergency centers do not have Resource Center based in my district effectively, be coordinated with all research, all of the necessary supplies to treat at the University of Utah, help ensure evaluations, and awards related to emergency pediatric emergencies, despite the fact that best practices are developed and medical services for children undertaken and that 18 percent of emergency depart- disseminated across the country. supported by the Federal Government.’’. ment patients are children. The Emergency Medical Services for The SPEAKER pro tempore. Pursu- The legislation also increases the au- Children program’s authorization ex- ant to the rule, the gentlewoman from thorization for this program by 5 per- pired in September 2005. In the summer California (Mrs. CAPPS) and the gen- cent annually for the next 5 years of 2006, the Institutes of Medicine re- tleman from Georgia (Mr. DEAL) each starting at $25 million in FY 2009. The leased a report which documented the will control 20 minutes. bill also extends by 1 year the period value of this program. It noted the The Chair recognizes the gentle- that the Secretary of the Department gaps that still remain in providing woman from California. of Health and Human Services may quality emergency care for children. GENERAL LEAVE award grants under the program. The And there is still a serious gap between Mrs. CAPPS. I ask unanimous con- bill had broad bipartisan support in the the percentage of kids who end up in sent that all Members may have 5 leg- committee, and I would urge its pas- the emergency room and the percent- islative days to revise and extend their sage. age of emergency rooms staffed, remarks and include extraneous mate- Madam Speaker, I reserve the bal- trained and equipped to respond appro- rials on the bill under consideration. ance of my time. priately. The report said this program The SPEAKER pro tempore. Is there Mrs. CAPPS. Madam Speaker, I am is ‘‘well positioned to assume a leader- objection to the request of the gentle- very pleased to yield 5 minutes to the ship role’’ in closing this gap. woman from California? gentleman from Utah (Mr. MATHESON). I am pleased that H.R. 2464, the There was no objection. Mr. MATHESON. Madam Speaker, I Wakefield Act, has bipartisan and bi- Mrs. CAPPS. Madam Speaker, I yield rise today to speak in support of H.R. cameral support, including support myself such time as I may consume. 2464, the Wakefield Act. I am the lead from 75 of my colleagues in the House Madam Speaker, I rise in strong sup- sponsor of this legislation, along with of Representatives. The bill is endorsed port of H.R. 2464, the Wakefield Act. Representative PETER T. KING on the by over 50 organizations, including the This legislation reauthorizes the Emer- other side of the aisle. American Academy of Pediatrics, the gency Medical Services for Children Today, the hospital emergency de- American College of Emergency Physi- ‘‘EMSC’’ program. The EMSC program partment is such a fundamental part of cians, the American Medical Associa- ensures state-of-the-art emergency our health system that it’s easy to for- tion, the Emergency Nurses Associa- medical care for ill or injured children get that emergency medicine is a rel- tion, and many more. and adolescents. atively new specialty. Emergency Madam Speaker, this legislation en- Since its establishment more than 20 rooms were first established in the hances the program by authorizing the years ago, the EMSC program has driv- 1970s as medical personnel returned appropriate funding needed to ensure

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2029 the program can drive improvements in value of this legislation, we can all rec- CYTOLOGY PROFICIENCY emergency and disaster care for chil- ognize that H.R. 2464 is an important IMPROVEMENT ACT OF 2008 dren. measure that will work toward ensur- Mrs. CAPPS. Madam Speaker, I move Madam Speaker, I want to acknowl- ing the best emergency medical care that the House suspend the rules and edge the bipartisan nature in which for all children. pass the bill (H.R. 1237) to amend the this bill moved through our committee, I again want to congratulate my col- Public Health Service Act to provide working on both sides of the aisle with- league on the Energy and Commerce revised standards for quality assurance in the Energy and Commerce Com- Committee, JIM MATHESON, and all of in screening and evaluation of mittee. We worked together to make those who have spoken today, includ- gynecologic cytology preparations, and this bill as good as it can be. ing the ranking member of the sub- for other purposes, as amended. Madam Speaker, nobody likes to see committee, for all the hard work and The Clerk read the title of the bill. a child get hurt. Together, we can as- dedication to this important piece of The text of the bill is as follows: sure that when that happens, children legislation. I urge all of my colleagues H.R. 1237 have the best possible chance for recov- to join in support of H.R. 2464. ery and a good outcome. I strongly Be it enacted by the Senate and House of Rep- Mr. KING of New York. Madam Speaker, resentatives of the United States of America in urge the adoption of this legislation. today I rise as a strong supporter of H.R. Congress assembled, Mr. DEAL of Georgia. Madam Speak- 2464, the Wakefield Act, which will reauthorize SECTION 1. SHORT TITLE. er, I urge the adoption of this resolu- the Emergency Medical Services for Children This Act may be cited as the ‘‘Cytology Pro- tion. program for an additional 4 years. ficiency Improvement Act of 2008’’. I yield back the balance of my time. Since the program began in 1984, EMSC SEC. 2. REVISED STANDARDS FOR QUALITY AS- Mrs. CAPPS. Madam Speaker, I am SURANCE IN SCREENING AND EVAL- pleased to yield 3 minutes to the gen- grants have helped all 50 States to better pre- UATION OF GYNECOLOGIC CYTOL- tleman from North Dakota (Mr. POM- pare their health systems to treat children in OGY PREPARATIONS. EROY). an emergency. The EMSC program has im- (a) IN GENERAL.—Section 353(f)(4)(B)(iv) of Mr. POMEROY. I thank the proved the availability of child-appropriate the Public Health Service Act (42 U.S.C. equipment in ambulances and emergency de- 263a(f)(4)(B)(iv)) is amended to read as follows: gentlelady for yielding, and I am also ‘‘(iv) requirements that each clinical labora- very pleased to speak in favor of H.R. partments, supported hundreds of programs to prevent injuries, and provided thousands of tory— 2464, the Wakefield Act. ‘‘(I) ensure that all individuals involved in I wanted to bring you just a little bit hours of training to EMTs, paramedics, and screening and interpreting cytological prepara- of perspective in terms of the dif- other emergency medical care providers. tions at the laboratory participate annually in a ference this act has made in one young In my home State of New York, EMSC continuing medical education program in man’s life, and I think it’s reflective of funds are going toward the development of a gynecologic cytology that— a number of children who have been statewide, standardized system that recog- ‘‘(aa) is approved by the Accrediting Council for Continuing Medical Education or the Amer- saved by having medical appropriate nizes hospitals capable of managing pediatric emergencies, both trauma and medical. This ican Academy of Continuing Medical Edu- services for traumatic and life-threat- cation; and ening injuries of kids. will enhance the State’s ability to transfer in- ‘‘(bb) provides each individual participating The Wakefield Act is called the jured children to the hospital best suited to in the program with gynecologic cytological Wakefield Act in recognition of a liv- their treatment. New York is also utilizing preparations (in the form of referenced glass ing memory of a family, the family of EMSC funds to ensure that all ambulances slides or equivalent technologies) designed to im- Tom Wakefield, who was involved in a have the essential pediatric equipment and prove the locator, recognition, and interpretive horrible head-on traffic accident as supplies for prehospital pediatric emergency skills of the individual; care. ‘‘(II) maintain a record of the cytology con- they drove to the airport for a winter’s tinuing medical education program results for vacation. A vehicle crossed the median Across the country, EMSC is enabling State each individual involved in screening and inter- and struck this vehicle head on, killing and local emergency care providers to better preting cytological preparations at the labora- Tom and two of his children, one age treat children. The projects funded under tory; three and one age seven. Twelve-year- EMSC are vital for the safety and well-being of ‘‘(III) provide that the laboratory director old Lucas lost his arm in the accident America’s children and have saved countless shall take into account such results and other and was almost lost as well. lives throughout the program’s existence. Dur- performance metrics in reviewing the perform- Emergency responders on the scene ing a time when a terrorist attack or natural ance of individuals involved in screening and and thereafter saved his life and the interpreting cytological preparations at the lab- disaster may occur at any moment, it is es- oratory and, when necessary, identify needs for life of his mother, Loy. I know this sential that we ensure that we are adequately remedial training or a corrective action plan to family, and I know their survivors, and prepared to care for every infant, toddler, and improve skills; and I care deeply about them. They have child in an emergency situation. ‘‘(IV) submit the continuing education pro- certainly impressed upon me, as they I would like to thank Representative MATHE- gram results for each individual and, if appro- would impress upon any of you, just SON for his hard work and continued leader- priate, plans for corrective action or remedial how vitally important it is that we ship on this issue, and I urge you to support training in a timely manner to the laboratory’s accrediting organization for purposes of review equip our emergency response to deal the Wakefield Act. with any who may be hurt. And the 40 and on-going monitoring by the accrediting or- Mrs. CAPPS. Madam Speaker, I yield ganization, including reviews of the continuing percent improvement in saving lives of back the balance of my time. medical education program results during on- children since the act was initially The SPEAKER pro tempore. The site inspections of the laboratory.’’. passed in 1984 shows just how critically question is on the motion offered by (b) EFFECTIVE DATE AND IMPLEMENTATION; important this reauthorization is. I’m the gentlewoman from California (Mrs. TERMINATION OF CURRENT PROGRAM OF INDI- VIDUAL PROFICIENCY TESTING.— very pleased that the Commerce Com- CAPPS) that the House suspend the (1) EFFECTIVE DATE AND IMPLEMENTATION.— mittee has done the work to bring it to rules and pass the bill, H.R. 2464, as the floor today, and I am grateful for Except as provided in paragraph (2), the amend- amended. ment made by subsection (a) applies to the chance to speak on the bill. The question was taken. gynecologic cytology services provided on or I was at an event just this weekend after the first day of the first calendar year be- where Lucas, now fully recovering, The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being ginning 1 year or more after the date of the en- adapted to his new circumstance. This actment of this Act, and the Secretary of Health is a young man that makes me very, in the affirmative, the ayes have it. and Human Services (hereafter in this sub- very proud. And I believe the Wakefield Mr. MATHESON. Madam Speaker, on section referred to as the ‘‘Secretary’’) shall Act, named in honor of his family, is a that I demand the yeas and nays. issue final regulations implementing such very appropriate commendation of the The yeas and nays were ordered. amendment not later than 270 days after such ongoing efforts to keep all our children The SPEAKER pro tempore. Pursu- date of enactment. (2) TERMINATION OF CURRENT INDIVIDUAL safe. ant to clause 8 of rule XX and the TESTING PROGRAM.—The Secretary of Health Mrs. CAPPS. Madam Speaker, I have Chair’s prior announcement, further and Human Services shall terminate the indi- no further requests for time. And fol- proceedings on this motion will be vidual proficiency testing program established lowing that eloquent testimony to the postponed. pursuant to section 353(f)(4)(B)(iv) of the Public

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 6333 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2030 CONGRESSIONAL RECORD — HOUSE April 8, 2008 Health Service Act (42 U.S.C. 263a(f)(4)(B)(iv)), tional quality assurance standards of statistical and scientific foundations, be- as in effect on the day before the date of the en- laboratories responsible for cytology cause test theory in general is a heavily sta- actment of subsection (a), at the end of the cal- services. tistical subject. Statistical considerations endar year which includes the date of enact- A few summers ago, I had the oppor- have demonstrated that the design of ‘‘short’’ proficiency tests in cytopathology, ment of the amendment made by subsection (a). tunity to visit a laboratory of a pathol- The SPEAKER pro tempore. Pursu- including the current federally mandated ogist in my district, and I saw first test, fundamentally is unsound because of ant to the rule, the gentlewoman from hand the impact of this legislation. the lack of sufficient validity and reliability. California (Mrs. CAPPS) and the gen- This bill is the result of actions taken Examinees too frequently are misclassified tleman from Georgia (Mr. DEAL) each in 2005 by the Centers for Medicare and by such short-format tests: Competent will control 20 minutes. Medicaid Services to institute a pro- examinees fail the test in surprisingly high The Chair recognizes the gentle- ficiency testing program for individual numbers, whereas most of the examinees woman from California. who have insufficient cytologic skills even- pathologists. tually pass the test after the allowed re- GENERAL LEAVE b 1530 takes. Only dichotomous tests are suitable Mrs. CAPPS. Madam Speaker, I ask for accurate computation of the effects of unanimous consent that all Members Unfortunately, this program was test design on reliability, but the statistical may have 5 legislative days to revise based on regulations first issued in 1992 conclusions also are generalizable to non- and extend their remarks and include as a result of the Clinical Laboratory dichotomous tests. In conclusion, the cur- extraneous material on the bill under Improvement Amendments of 1988. rent federally mandated proficiency test consideration. Thus the cytology proficiency program cannot reliably measure the level of exper- The SPEAKER pro tempore. Is there is now very outdated and based on reg- tise of cytologists and, thus, cannot assure that only adequately skilled individuals objection to the request of the gentle- ulations from nearly 15 years ago. The legislation would provide for an evaluate Papanicolaou test samples. To woman from California? render the test suitable for its intended pur- There was no objection. orderly phase-out of the current pro- pose, the authors believe that complete rede- Mrs. CAPPS. Madam Speaker, I yield gram and transition into a new pro- sign of the test, with the participation of ex- myself such time as I may consume. gram where all individuals involved in perts in modern test theory, would be advis- Madam Speaker, I rise in support of screening and interpreting Pap tests able. H.R. 1237, the Cytology Proficiency Im- would participate in a continuing med- Proficiency testing in cytopathology (PTC), which was established in the 1991 reg- provement Act of 2007. This legislation ical education program in gynecologic cytology. This educational approach ulations to implement the Clinical Labora- would modernize Federal regulations tory Improvement Amendments of 1988 under the Clinical Laboratory Improve- will present participants with complex (CLlA’88), has only recently been enforced on ment Amendments Act of 1988, CLIA, cases to keep their skills on the cut- a national scale. For more than a decade, that subject those who screen and in- ting edge and will provide individuals during which logistical hurdles hampered the terpret Pap tests to annual proficiency an opportunity to test their skills. development of a national program for PTC, testing. I believe this legislation would be an there was not much incentive to think about important step in the right direction the value and potential of PTC or its theo- In 2005, CMS launched a program to retical background or to worry that the test begin testing pathologists and other and would modernize the current regu- latory framework while providing qual- design was so poor. In 2004, however, the Cen- laboratory professionals who performed ter for Medicare and Medicaid Services an- Pap tests for proficiency. However, the ity assurance, as was required in the nounced that a national PTC program devel- program was designed using regula- Clinical Laboratory Improvement oped by the Midwest Institute for Medical tions written in 1992. In the 13 years be- Amendments. Unlike last Congress, I Education had been approved and that the tween the regulation and the program’s hope we will be able to get this legisla- regulations finally would be enforced on a national level. Suddenly, the shortcomings start, significant investments were tion signed into law in order to mod- ernize an outdated proficiency testing of the test were everyone’s problem. What made in the science and practice of Pap followed was a flurry of comments, articles, tests. Instead of relying on outdated program for pathologists. Madam Speaker, I reserve the bal- proposals, and Internet discussions about the practices, H.R. 1237 draws on the best PTC and its future. Although the testing has that science and technology has to ance of my time. proceeded nationwide in conformity with the Mrs. CAPPS. Madam Speaker, I con- offer. original regulations, the dust has not yet tinue to reserve the balance of my H.R. 1237 has 175 bipartisan cospon- settled on the subject. The professional orga- time. nizations agree that PTC, as prescribed in sors, including myself and every other Mr. DEAL of Georgia. Madam Speak- CLIA’88, is inadequate and is in great need of female member of the Energy and Com- er, I am pleased to yield 5 minutes to improvement if indeed it should remain in merce Committee. Additionally, this my colleague from Georgia (Mr. PRICE), place at all. Regarding the projected revi- bill is supported by the College of one of the original cosponsors of the sions, it is a real impediment that some reg- ulatory authorities that are in a position to American Pathologists, the American legislation this year, a medical doctor. Medical Association, the American make decisions about the implementation of Mr. PRICE of Georgia. I thank my PTC apparently are not familiar with most Clinical Laboratory Association, the friend and colleague from Georgia, American College of Obstetricians and of the theoretical implications of test the- Congressman DEAL, for his leadership ory, which is an exceedingly complicated Gynecologists, and the American Col- on this issue and for the time today. subject. So long as the test is mandatory for lege of Nurse Midwives. I also want to express my gratitude every practitioner of gynecologic I want to commend my colleagues, and thanks to Representative GORDON, cytopathology in the United States, it is in Representative GORDON and Represent- who was extremely cooperative and the best interest of all participants for PTC ative DEAL, for their hard work and helpful and productive throughout this to become a scientifically well-founded, commitment on this very important entire process. I want to thank the valid, and reliable quality assurance method. piece of legislation. This bill would im- In the current article, we have attempted to American College of Pathology and all shed light on some gaps in the knowledge prove the quality of women’s health of the pathologists across the Nation care. I strongly encourage all of our about the theoretical underpinnings of PTC who are working day in and day out to that seem to endure in the cytopathology colleagues to join me in support of H.R. make certain that they provide quality literature. 1237. care for the patients for whom they are TEST THEORY IS STATISTICAL Madam Speaker, I reserve the bal- charged. Test theory is a heavily statistical subject. ance of my time. Madam Speaker, I include in the Virtually all aspects of test theory have been Mr. DEAL of Georgia. Madam Speak- RECORD a copy of an article by Dr. investigated in depth almost exclusively by er, I yield myself such time as I may George Nagy that documents the dys- educators and psychologists, which is under- consume. functional federally mandated pro- standable, because testing is a central issue I, too, rise in support of the Cytology ficiency test in cytopathology. in their disciplines. Unfortunately, this valu- able body of literature apparently has been Proficiency Improvement Act. I was a THE DYSFUNCTIONAL FEDERALLY MANDATED sponsor of legislation similar to this in disregarded completely by the federal au- PROFICIENCY TEST IN CYTOPATHOLOGY—A thorities that are responsible for PTC regu- the last Congress which passed the STATISTICAL ANALYSIS lations. House, but unfortunately it was never Proficiency testing in cytopathology and The statistical apparatus used in modern signed into law. The bill revises na- in other disciplines should be based on firm test theory is formidable. Many books and

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2031 articles written about the subject use highly Short tests will not prevent the frequent number of diagnostic categories to 2, with 1 sophisticated mathematical tools, including failure of competent examinees or the pass- category, for instance, ‘‘negative for differential and integral calculus and matrix ing of examinees who have less than desir- premalignant or malignant changes’’ and the algebra. One of the reasons for the high de- able skill levels. Already in 1991 one of us second category ‘‘premalignant or malignant gree of mathematization of test theory in (G.K.N.), in a report that was written with lesions are present.’’ This is the approach psychology and education science is that D.C. Collins, emphasized that the expected used in the original CAP PAP program with these disciplines deal largely with intangi- misclassification rate of such short tests can its ‘‘100 series’’ and ‘‘200 series.’’ bles, like motivation, intelligence, under- be surprisingly high and that, in the case of The CLIA’88 regulations concerning PTC, standing, and adaptability, which are not di- dichotomous tests, this rate can be cal- with their 4 diagnostic categories and com- rectly measurable. Such entities must be culated (or approximated) through the use of plicated scoring system, do not fit into the studied indirectly, through measurements of the binomial theory of statistics. (A dichoto- dichotomous scheme. Despite this fact, the other quantities. That is why psychological mous test evaluates the responses to test conclusions drawn by using the binomial test theory introduced the concept of ‘‘con- items as ‘‘right’’ or ‘‘wrong,’’ without using error model regarding PTC are applicable to structs’’ that can substitute for and rep- intermediate results or weighing of answers. any short test to a large extent. resent the kinds of abstract attributes men- The PTC system used in New York State for EXAMPLE OF SIMPLE BINOMIAL ERROR MODEL tioned above. Even so, the highly com- 36 years was dichotomous and so was the For the purpose of illustration, let us sup- plicated mathematical and statistical tools original Interlaboratory Comparison Pro- that have been promoted in educational and pose, that in a large population (for instance, gram in Cervicovaginal Cytology. The that of an entire country), the results from a psychological test theory fulfill mainly aca- CLIA’88-mandated PTC is not dichotomous.) demic purposes. Most actual problems in ev- scrupulous statistical survey using many This so-called ‘‘simple binomial error thousands of questionnaires and proper ran- eryday testing can be solved on a practical model’’ was described in test theory initially level that does not use highly complicated domization indicate that the proportion of in the 1950s. individuals who like to watch television (TV) mathematical methods but, at the same The results of the CLIA’88 mandated na- is 90%. Because the survey is conducted in a time, does not disregard basic statistical tional PTC in 2005 dramatically dem- scientific way and the sample size is very principles. onstrated the effect of misclassification dur- large, this result is considered highly accu- TESTING IN THE PHYSICAL AND BIOLOGIC ing short tests, as described previously. Ac- rate. The basic question on which the anal- SCIENCES cording to the data from the National Cytol- ogy with PTC will be based is, ‘‘What can we ogy Proficiency Testing Update, 9% of the Cytopathology, unlike educational science expect if we ask 10 randomly selected indi- examinees failed the test when they at- or psychology, is an applied natural science, viduals in this population about their atti- tempted it for the first time. However, when and this is one of the reasons why PTC can tude toward TV?’’ The most probable result this group that supposedly had inferior skills be performed without the application of will be that, in this population, 9 of 10 indi- retook the test, curiously, the failure rate overly sophisticated mathematical tools. In- viduals will like TV. However, it is reason- for this second attempt was similar to that terpretation of Papanicolaou smears, repro- able to expect that, in many samples that for the entire original group (10%). It ap- duction of cytologic diagnoses, and measure- consist of 10 individuals, all 10 individuals pears that the cytologic skills among those ment of false-negative proportions, among are TV fans; whereas, in other similar sam- examinees who had failed originally im- others, are very complex tasks. By compari- ples, there may be only 8, 7, or 6 such indi- proved miraculously, allowing 90% of them son, technically, it is a comparatively viduals. However, it is hardly conceivable to pass the examination, although all of straightforward matter to evaluate the that we will identify as few as only 1 or 2 them initially failed. It is hard to believe examinees’ ability to assign diagnostic cat- fans in a sample of 10 individuals if the prin- that a short remedial training between the egories to cytologic changes observed on a ciple of random selection is followed. slide or computer screen. Thus, abstract con- first and second attempt could result in such Random selection is important. For exam- structs hardly are needed in PTC. Neverthe- an impressive real improvement. The only ple, a nonrandom sample, like one that con- less, a certain level of mathematical and sta- plausible scientific explanation is the well- sists exclusively of nuns in convents, would tistical understanding by the designers of known statistical phenomenon, the not yield a statistically valid reflection of the test is crucial if a fair and scientifically Galtonian ‘‘regression toward the mean.’’ the entire population; indeed, we may iden- valid system of PTC is to be established. The majority of failures during the first at- tify only 1 or 2 individuals in such a sample Most pathologists, including ourselves, do tempt were the consequence of who like to watch TV. Exclusive selection of not have rigorous training in statistics; misclassification because of the poor valid- nuns or members of any other group with therefore, if PTC is to continue, then the ity and reliability of the short test and were some special interest would not be compat- regulatory authorities ought to contract not caused by the insufficient skills of those ible with the principle of randomness. How- with experts in statistics and test theory who failed. The failure rate in all groups of ever, to select a nun occasionally in a sam- who, through interaction with knowledge- examinees is about the same on the first at- ple, with a frequency roughly corresponding able cytopathologists and cytotechnologists, tempt and on the second attempt, and pre- to the proportion of nuns in the entire popu- would design an equitable and scientifically vious failures do not seem to matter much. lation, would be appropriate. well-founded system for the nationwide PTC. Essentially, the results of the CLIA’88-man- There is a statistical method that uses the We do not mean to suggest that statisti- dated PTC mostly mirror the statistical so-called ‘‘binomial formula’’ for calculating cians have not participated in the design of chances and not the examinees’ skills. the probability of encountering 10, 9, 8, 7, cytology testing programs. In fact, the Col- Of course, multiple other variables beyond etc, TV fans in a sample of 10 individuals lege of American Pathologists’ (CAP) Inter- regression toward the mean, including expe- from our postulated population. (This meth- laboratory Comparison Program for rience gained in the technique of the test, od is not detailed in the current article, but Cervicovaginal Cytology was designed, im- differences in the difficulty of particular test an explanation can be found in any elemen- plemented, and monitored with the extensive sets, and even increased skills after remedial tary statistical textbook). The probabilities help of statistical expertise. However, this training, etc, also may play a role in the im- even can be looked up in tables that are educational endeavor was not intended to be provement of test results at the second at- found at the end of statistical books. Under a PTC program as envisioned in the federal tempt for individual examinees. However, to the circumstances outlined above (with a regulations. In fact, its original, scientif- date, we do not have any data or even a plau- 90% proportion of TV fans in a sample size of ically and statistically supported structure sible explanation concerning how any of 10 individuals). the probabilities of identi- ironically prevented its use as a PTC pro- these other factors, with the exception of re- fying 10, 9, 8, 7, and 6 TV fans in a random gram because of the specific requirements of gression toward the mean, could produce sample of 10 individuals are 0.35, 0.39, 0.19, the federal regulations. such a consistent result. 0.06, and 0.01, respectively. SHORT TESTS AND RELIABILITY THE SIMPLE BINOMIAL ERROR MODEL The probability of identifying ≤5 TV fans One of the central problems in the practice Misclassification of examinees by any under the above-described circumstances in of PTC is reliability, and the reliability of short test, including the CLIA’88-mandated a truly random sample of 10 individuals is PTC is related closely to the size of the test PTC, can be demonstrated by means of an exceedingly small. The succession of num- sets (the number of the test items or chal- analogy. Strictly speaking, this analogy is bers described above represents a ‘‘prob- lenges in 1 test set). ‘‘Short’’ tests, which re- applicable only to dichotomous testing sys- ability distribution,’’ which can be observed quire the evaluation of relatively small num- tems. However, in this sense, dichotomous in a histogram. This distribution is inter- bers of slides, are characterized by a high and non dichotomous systems are cor- preted as follows: If, from this very large misclassification rate. (The pervasive effect respondent. For statistical or evaluation population, we take numerous random sam- of sample size on the reliability of statistical purposes, non dichotomous systems can be ples, each consisting of 10 individuals, and inference is the reason why pollsters use made dichotomous at any time, even after ask about their preferences for TV; then we large samples: The larger the sample, the the tests have been carried out. For example, will find that 35% of the samples would in- narrower are the confidence limits in rel- an answer can be evaluated as correct only if clude 10 fans, 39% of the samples would in- ative terms. The statistical estimates in- it falls into the appropriate single category clude 9 fans, 19% of the samples would in- ferred from a single sizable sample that has (‘‘success’’) and all other answers are rated clude 8 fans, and so on. been chosen by randomization will approach as wrong (‘‘failure’’). Another solution to If we change the size of the sample, then the true parameters of the population.) this problem in PTC would be to restrict the the magnitudes of the single probabilities

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2032 CONGRESSIONAL RECORD — HOUSE April 8, 2008 and their distribution also will change and, ables (eg, the effects of anxiety or tiredness set size on test validity and reliability and along with them, the probability distribu- during tests or routine work) cannot be to calculate confidence intervals. Thus, the tion. If we choose sample sizes of 100 individ- factored into the statistical considerations. use of a dichotomous test would confer uals instead of 10, then the probabilities will Nagy and Collins, describing this concept, greater predictability and practicability to be clustered much more tightly around the used the term ‘‘competence level’’ instead of PTC. The effects on test validity and reli- value of 90% than was the case in the smaller ‘‘true score’’ in their 1991 article. ability of a haphazard design, like the samples. The larger the size of the sample, Direct measurement of the true score is CLIA’88-mandated PTC, hardly are cal- the more reliable is the estimation; in other not possible. What we have after an evalua- culable by scientific-statistical means. We words, the observed value in every sample tion of test results is the ‘‘observed score,’’ do not state that dichotomous designs would approaches the real population parameter. It which is related to the true score but is not solve every problem inherent in every type is virtually unimaginable that there will be identical to it. It can be considered an esti- of test, including PTC. However, given that only 50 or 60 TV fans among 100 randomly se- mate of the true score. all other conditions of the testing are equal, lected individuals from this population. (Dis- COMPARISON OF TV PREFERENCE AND PTC dichotomous tests have insurmountable ad- tribution data for such large samples are not RESULTS vantages over nondichotomous tests. provided even in the tables of larger statis- TV preference and PTC results can be com- SIZE OF TEST SETS AND RATE OF tical reference books: They are not needed, pared as follows: The values derived by the MISCLASSIFICATION because the probability distribution for large binomial formula are determined only by the Figures (not shown) illustrate the prob- samples can be found by the so-called ‘‘nor- number of trials and the probability of suc- ability distributions of correct diagnoses for mal approximation of the binomial distribu- cess. If the ‘‘experiment’’ qualifies as bino- variable test set sizes and for examinees with tion.’’ To perform this method is mathemati- mial, then the specifics of the experiment different theoretical ‘‘true scores.’’ An ideal cally simple, but the results may be slightly have no bearing on the numerical results. (In and flawless PTC would fail all examinees inaccurate. There are complex Web-based statistical parlance, any methods or proce- with true scores of 0.85, but no test design Internet tools, however, that calculate these dures that yield raw data are called experi- can fulfill such requirements. The reliability probabilities very accurately.) Of course this ments.) In our TV example, the number of of the tests improves, however, as the test holds true only if the randomness principle trials (the sample size) is 10, and the prob- sets get larger. For examinees with true is strictly observed. ability of success is 0.9. These 2 data are suf- scores of 0.85 or 0.8, the accuracy of the test How can we apply the reasoning described ficient to calculate the probability distribu- increases in parallel with the increasing size above to the issue of sample sizes in PTC? tion for this specific case. Let us consider of the test sets. (The failure rates become Fortunately, the results of these binomial now an example of PTC in which these spe- larger for larger test sets.) calculations can be generalized. The reason cifics are the same as described above. The Visualization of the effect of sample size why we can do this is that, if the ‘‘experi- PTC design prescribes 10 slide test sets (num- on misclassification also is possible by tab- ment’’ qualifies as binomial, then the spe- ber of trials). A cytologist who performs rou- ulation. The more slides the test set con- cifics of the experiment, whether they are re- tine screening and customarily renders accu- tains, the lower the misclassification rate. lated to liking TV or to success in PTC, have rate diagnoses 9000 times among 10,000 There appear to be anomalies at the set sizes no bearing on the values of the probabilities screened slides has an approximate true of 9 and 19, in which the misclassification or on the probability distribution. score of 0.9. (In other words, the probability rate decreases for examinees with low true TRUE SCORES of success is 0.9.) When this cytologist at- scores and increases for the more competent At this point, we need to review the term tempts to pass this particular PTC, then the examinees. A test set that consists of 9 or 19 ‘‘true score,’’ a concept that is used widely probability distribution of the possible cor- slides would be a very impractical choice. If in modern test theory. The true score of a rect answers will be identical to the prob- the passing level is set at 90% (eg, 9 correct hypothetical examinee is defined as the aver- ability distribution observed in the TV ex- answers for 10 slides in dichotomous tests), age of the observed or measured scores that ample, because the specifics of the TV ex- as it is the general practice for PTCs, then 1 would be obtained over an infinite number of periments are the same. If this hypothetical error is allowed for a 10-slide set. Under repeated testing by the same test, provided cytologist attempts the test many times, these circumstances, to pass a test based on 9-slide sets with a 90% passing grade would that the examinee’s skills remain indefi- then he or she will read 10 slides correctly in be incomparably more difficult than to pass nitely stable. For actual examinees, the true 35% of the tests, 9 slides correctly in 39% of a test based on a 10-slide set, because a sin- score can be estimated with a small error the tests, and so on. The numerical values in gle mistake would mean an error >10% and, margin, but its exact value is essentially un- the 2 experiments are identical. consequently, a failure. The situation is knowable. For instance, if a cytologist We also should note that, if an examinee similar for 19- or 29-slide sets. The greater screens 100,000 cervical smears, and if his or reads 10 slides or 9 slides correctly:which grade of difficulty with a 9-slide test set is her diagnoses are correct 98,000 times, then happens in 74% of events under the cir- reflected in the smaller passing rates for the approximation of his or her true score is cumstances described above, then he or she both competent and less competent 0.98. Because the accurate determination of passes the test. However, this individual, who essentially has an adequate true score, examinees. (This circumstance, paradox- the true score would require an infinite num- ically, improves the accuracy of the test for ber of repeat testing, which is not feasible, will fail a dichotomous PTC 26% of the time because of the low validity and reliability of the participants with low true scores.) For this true score of 0.98 remains an approxima- these reasons, if the passing level is set at tion. Obviously, we can be rather sure that, the test. The phenomenon of failure in this case can be called ‘‘type 1 error.’’ (The null 90%, then only decimal-based test set sizes when the same individual screens the next (10, 20, 30, etc. slides or challenges) should be 100,000 preparations, the approximation of hypothesis is that ‘‘the cytoscreener is com- petent.’’) A valid and reliable test is ex- used. his or her true score will not remain the Another observable phenomenon is the pected to pass virtually all cytoscreeners same: The chances of this are infinitesimally ‘‘law of diminishing returns,’’ in which, as with true scores on the 0.9 level; however, small. The estimate of the true score will al- the number of slides in the test sets is in- any dichotomous test that consists of 10 most certainly change slightly, for instance creases, the misclassification rates decrease. slides or challenges will misclassify approxi- to 0.97 or to 0.99, and so on, for each succes- However, the rate of decrease is not level but mately 26% of such individuals. It is obvious sive trial. trails off with increasingly larger set sizes. that this test does not really meet the expec- It has to be emphasized that assignment of For instance, misclassification of examinees an exact ‘‘true score’’ to a cytologist is tation to determine the competence of an ex- with a true score of 0.8 is almost halved, somewhat arbitrary for further reasons. It aminee who had a true score of 0.9. from 38% to 20%, when the number of slides It needs to be reiterated here that bino- cannot be expected that anybody’s cytologic in the sets increases from 10 to 20. The next mial calculations can be performed only for skills will remain invariant for a prolonged step, from a 20-slide set to a 30-slide set, is dichotomous tests. The probabilities for time. We can hope, of course, that the profes- accompanied by a smaller relative improve- some well ordered, nondichotomous tests sional prowess of cytologists improves over ment, and so on. time. Furthermore, everybody who has ever may be calculated by the use of more com- An important conclusion that can be screened cytology specimens knows that plicated multinomial assessments. drawn is that, when the number of slides is screening performance depends on many fac- LIMITATIONS OF THE SIMPLE BINOMIAL ERROR increased in the test sets, the decrease in the tors, some of which are extraneous to the MODEL misclassification rate is more precipitous if level of cytology skills. On a ‘‘good’’ day, a The binomial error model provides only a the true score is 0.8 or 0.85, ie, on the side of cytologist may function on a 0.98 score level; rough appraisal of the statistical factors the table for less competent examinees, than whereas, on a different, ‘‘bad’’ day, he or she that need to be taken into account in the de- if the true score is 0.95. From our viewpoint, might be less ‘‘proficient.’’ Even his or her sign of PTC. One of the drawbacks of the this is an advantage. The basic purpose of experience with particular kinds of cytologic model, as mentioned above, is that it is ap- PTC is not the confirmation of the pro- presentations on the previous day, for exam- plicable only to dichotomous testing sys- ficiency of the average cytologist who per- ple, having seen an unusual presentation of tems. However, the simplicity, transparency, forms well but the identification of individ- high-grade squamous intraepithelial lesion and mathematical calculability of dichoto- uals who may have problems with expertise on a quality-assurance review, could affect mous setups counterbalance every other con- and need remediation. The type 1 error, the decision-making on the current day. Of sideration. The dichotomous test design failure of competent examinees, is less con- course, these and other psychological vari- makes it possible to assess the impact of test sequential than the type 2 error, the passing

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2033 of less competent examinees. The simple bi- error) pass the test on the second or third at- remains an expensive and rather meaningless nomial model is more suitable to investigate tempt with a high probability. Most of these ritual; a test that, on repeated attempts, can the latter than the former in the set-size valuable professionals are not harmed much be passed by virtually all competent ranges that are prevalent in the practice of beyond the inconvenience of repeated test- cytologists, as expected, and also by a very PTC. ing. In contrast, examinees with question- high percentage of those who would be ad- WHAT SHOULD BE THE MINIMAL NUMBER OF able skills who pass the test (type 2 error) do judged incompetent if a more reliable testing TEST SLIDES IN TEST SETS? not have to submit to repeat testing, and process were available. The question about the minimal number of they continue to screen patient slides with- STATISTICS ARE NOT EVERYTHING test slides in test sets could be formulated out censure at least until the next test. Of A more intensive integration of statistical more accurately as follows: What should be course, it may be argued that, if the test principles would be needed to make the cur- the minimal number of test slides so that we were totally useless, then increasing the in- rent design of PTC more functional. How- can be 90% confident that the test result is terval between test events would not have ever, we do not believe that, even if statis- accurate? This type of calculation is rel- any effect on public health. However, if the tical principles were applied optimally to atively simple to perform if the test is di- test were totally useless, then the only hon- PTC, all of the inherent problems of testing chotomous. In our calculations, we assumed est course to follow would be the complete could be eliminated. There are many non- a dichotomous test and 90% as the passing abolishment of PTC. In our opinion, the test statistical facets of all tests, including PTC. level for the observed score. in its present form is not totally useless. The For instance, because, in cytopathology, we The minimum necessary number of test current test will force a certain number of are confronted with the morphologic mani- slides depends to a large extent on the com- cytologists with very poor professional skills festations of extremely complicated biologic petence of the individual examinee. For a cy- (regardless of their low proportion in the en- systems, total equivalence in the difficulty tologist with very poor skills, a relatively tire cytopathology community) to recognize of test challenges (that is, absolute con- small test set would suffice. However, the their deficiencies, to participate in remedi- formity of corresponding slides in different discriminatory power of PTC decreases at ation(s), and at least to attempt to improve test sets) cannot be achieved. Perhaps this the point where the skills of the examinee their professional skills. However, as made can be overcome with computerized digital are almost satisfactory but still insufficient. obvious in the discussion above, the federally tests to some extent in the future. mandated PTC in its current form is not able Therefore, for such an individual, the test LESSONS FROM THE SIMPLE MODEL OF DICHOTO- to identify all cytologists with very poor sets should be much larger if we want 90% MOUS PTC THAT CAN BE APPLIED TO THE DYS- skills. Allowing such individuals, unidenti- confidence. It would be unrealistic to expect FUNCTIONAL FEDERAL DESIGN any test to differentiate easily between an fied by the test, to continue screening con- stitutes a certain danger for the public. If we We emphasize once more that the discus- ‘‘incompetent’’ cytologist whose true score sions and calculations above are based on the is 0.89 and a ‘‘competent’’ cytologist with a try to make the current PTC useful at least to some degree, then we should not increase relatively simple model of dichotomous pro- true score of 0.9. ficiency testing. The current CLIA’88–man- Just to illustrate a possible solution, we the time interval between tests to 3 or 4 years. dated test, with its elaborate scoring system calculated the minimal size of test sets for and multiple diagnostic categories, is much examinees who had a true score of 0.8. We THE HIGH PASSING RATE OF LESS SKILLED more complicated; therefore, our conclusions wanted to have 90% confidence in the accu- PROFESSIONALS IN SHORT TESTS cannot be transferred to it in any straight- racy of the test result. (This means that at Through the use of the simple binomial forward or easy way. The proportions of ex- least 90% of examinees with a true score of model, it also is possible to calculate the pected misclassification rates, the widths of 0.8 will fail the test if the test set contains number of less than competent individuals confidence intervals, and other statistical the calculated number of test slides.) Simi- who eventually will pass the short tests after parameters in nondichotomous systems can- lar calculations were performed for repeated attempts. For instance, among 100 not be calculated accurately by using the examinees who had a true score of 0.85. examinees who have true scores in the less simple binomial model. In other words, the For the calculation, we used the algorithm competent range of 0.85, 54 individuals will generalizability (‘‘external validity’’) of the written by the Vassar Education Depart- pass a dichotomous test that consists of 10 foregoing statistical considerations to non- ment, which is in the public domain and may test slides on the first attempt. The remain- dichotomous systems could be questioned. be found on the Internet. According to the ing 46 examinees will attempt the test a sec- The Galtonian regression toward the mean results, a 40–slide set would provide >90% ond time, and 54% of them (ie, 25 individuals) in the results of the first year of the confidence (exactly, 92.409% confidence) in will pass on this second try. The remaining CLIA’88-mandated test, however, provides in- the accuracy of the results for examinees 21 examinees will attempt the test a third direct evidence that misclassification by the with a true score of 0.8. A 30–slide set would time, and 54% of them (ie, 11 individuals) federal test is substantial, and its magnitude provide only an 87.729% confidence level for will pass. In summary, 54 + 25 + 11 = 90 of is in the range indicated by the simple bino- these individuals. these less-skilled examinees among 100 who mial model. Therefore, it is plausible that For examinees with a true score of 0.85, were supposed to be identified by the system the conclusions of the statistical consider- much larger test sets would be necessary to will avoid serious consequences if a short, 10– ations outlined above are applicable to the provide 90% confidence in the results. A test slide-based dichotomous test with 3 per- federally mandated PTC to a large extent. set consisting of 90 slides would provide mitted retakes is used. We emphasize that the theoretical 88.468% confidence, and only the use of a 100– A similar calculation illustrates that, underpinnings of PTC are much more com- slide test set would ensure >90% confidence among 100 examinees with true scores of 0.8, plex than may be perceived readily. We hope (exactly, 90.055 confidence) in the test re- 76 individuals eventually will pass, if 3 at- that, if mandatory, nationwide PTC remains sults. The extent of the confidence intervals tempts are allowed, in a 10 slide-set, dichoto- in any form, then it is redesigned to be a can be easily visualized. Lord et al. pre- mous PTC system. valid and reliable proficiency testing system sented the 90% confidence intervals for a 30– These numbers indicate all too clearly the or possibly a board-type examination. We be- item dichotomous test on different true utter uselessness of short dichotomous PTCs lieve that accomplishing this would require score levels. in terms of capability to identify less skilled the engagement of both cytologists and ex- The numbers provided above are given only cytologists. However, we do not go so far as perts who are well versed in the practical for illustrative purposes. It is obvious that to declare that short PTC systems, dichoto- and theoretical aspects of modern test the- test sets consisting of 100 slides, or even 40 mous or nondichotomous, are totally lacking ory. This does not mean that more descrip- slides, could not be used under the generally in utility. Even a short test generates inter- tive data from the existing results of the accepted conditions of PTC. Evidently, only est, creates opportunity for self-assessment, CLIA’88–mandated PTC should be collected. a board-type, full-day, or 2-day-long exam- and possibly highlights deficiencies in some On the contrary, because the design of the ination would satisfy the statistical require- areas in the professional knowledge of the CLIA’88–mandated test is flawed, little true ments for an accurate and equitable test. individual cytologist. This effect should be insight may be gained by amassing and fur- Conversely, because such a board-type test perceived as beneficial. Our personal experi- ther studying descriptive data from such a would determine the capabilities of the ence indicates that very short educational source. Rather, we advocate the careful ap- examinees with a high level of accuracy, it tests, although they may not be suitable in plication of more inferential or theoretical would become safe to increase the intertest themselves as statistical assessments of pro- statistics, which would allow a fairer concep- interval to 8 years or 10 years. fessional knowledge of individuals, almost tual design of PTC while leaving the final de- However, if most aspects of the current always provide a welcome impetus for con- cisions in the hands of expert federal regulations for PTC remain in force— tinuing education. A short PTC, as an edu- cytopathologists and cytotechnologists who in other words, if a highly inaccurate and cational experience, may remain a valuable are familiar the wider aspects of our difficult unreliable test also will be used in the fu- quality-assurance method, although it is discipline. ture—then it will not be advisable to in- limited in scope. In this regard, other valu- I also want to thank all of the mem- crease the yearly interval between tests very able educational activities, such as the CAP much. The main reason for this is that short Pap program, have their full justification. bers of the Women’s Caucus. Without tests are incapable of accurately identifying However, we in the cytopathology commu- their wonderful support, I don’t know examinees with low professional skills. Com- nity should persevere in our attempts to pre- where we would be at this point. And I petent examinees who fail the test (type 1 vent the deleterious situation in which PTC thank, once again, Congressman DEAL,

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2034 CONGRESSIONAL RECORD — HOUSE April 8, 2008 the ranking member of the sub- cus for their much hard work and com- increase the skills necessary to identify poten- committee; Chairman PALLONE and mitment on this important piece of tial cervical cancer, and will keep pace with Chairman DINGELL and Ranking Mem- legislation. new science. ber BARTON. This bill would improve the quality H.R. 1237 is modeled after the Mammog- Madam Speaker, as has been de- of women’s health care, and I strongly raphy Quality Standards Act, MQSA, which scribed by my colleagues, in 1998 the encourage all of our colleagues to join was passed in 1992. That bill ensured women CLIA, or the Clinical Laboratory Im- in support of H.R. 1237. would have access to quality mammography provement Amendments, went into ef- Mrs. MYRICK. Madam Speaker, I rise today procedures. This bill requires similar edu- fect. The law was passed. And it took in support of H.R. 1237, the Cytology Pro- cational testing for pathologists. them 4 years for the provision to evalu- ficiency Improvement Act. I am pleased to see The American Medical Association, the Col- ate the performance of laboratories in- that the House will vote today on revamping a lege of OBGYNs, the College of American Pa- terpreting Pap tests or Pap smears to 16-year-old CMS regulation—from 1992—that thologists, the American Society for Clinical be put into law or to have the rule fi- calls for a Federal program to test the pro- Pathology, the College of Nurse Midwifes, and nalized by Health and Human Services. ficiency of individual laboratory professionals the Cancer Research and Prevention Founda- The problem is that program then sat who read Pap tests. tion endorse the bill. on the shelf for 13 years. So in 2005 the I first became aware of the need to revisit Finally, I want to mention that the Congres- rules were then put into effect and en- this outdated regulation several years ago, in sional Budget Office has determined that it will forced. And therein lies the program. 2005, when CMS first began implementation not cost the Federal Government any addi- This program currently in place is of the program long after it was first put on the tional expenditure. based upon more than a decade old, books. Congress knows well that promulgating Madam Speaker, I urge my colleagues to even 15, 16 years old, 1992, regulatory regulations and implementation can do more join with me in support of a bill that will greatly approach that doesn’t reflect the mod- harm than good. improve the quality of women’s health care in ern science and real-world laboratory The current oversight model that CMS is America. practice. It does little to help patients using is intended to help ensure that Pap tests Mrs. CAPPS. Madam Speaker, I yield or physicians charged with caring for are being read accurately—to improve public back the balance of my time. them. The approach of relying on gov- health. However, the approach established The SPEAKER pro tempore. The ernment-driven individual proficiency more than a decade ago, and being used question is on the motion offered by testing to evaluate the quality of Pap today, doesn’t necessarily protect women, im- the gentlewoman from California (Mrs. smear interpretations is both outdated prove quality or further our fight against cer- CAPPS) that the House suspend the and not cost effective. vical cancer. rules and pass the bill, H.R. 1237, as So the solution is within the bill that H.R. 1237 provides an alternative. It redi- amended. we have before us today, H.R. 1237. rects the current ‘‘testing’’ scheme to require The question was taken; and (two- There’s a companion bill, Madam pathologists and other lab technicians who thirds being in the affirmative) the Speaker, over in the Senate, S. 2510, read Pap tests to participate in an annual con- rules were suspended and the bill, as and I’m hopeful, as Congressman DEAL tinuing medical education, CME program amended, was passed. said, that we will be able to get this where their skills would be assessed and A motion to reconsider was laid on legislation through both Chambers dur- where the latest advances in Pap test practice the table. ing this session. could be shared. It would complement exten- f The Cytology Proficiency Improve- sive Pap test quality controls that labs must al- ment Act modifies CLIA by suspending ready meet under the Clinical Laboratory Im- SAFETY OF SENIORS ACT OF 2007 the current regulation that subjects provement Act. The Mammography Quality Mrs. CAPPS. Madam Speaker, I move pathologists and others who screen for Standards Act includes a similar CME ap- to suspend the rules and pass the Sen- cervical cancer to annual proficiency proach. ate bill (S. 845) to direct the Secretary testing and instead requires annual I’ve talked to pathologists in my district to of Health and Human Services to ex- continuing medical education that better understand what it would take to add pand and intensify programs with re- would provide laboratory professionals value to their profession, rather than just more spect to research and related activities opportunities to improve their screen- red tape. Dr. Jared Schwartz was one of those concerning elder falls. ing and interpretation skills in a non- who educated me and lent his expertise. He is The Clerk read the title of the Senate punitive environment. The bill allows now serving as president of the College of bill. for an orderly phase-out of the current American Pathologists and is a strong advo- The text of the Senate bill is as fol- program and establishes reasonable cate for ensuring access to Pap tests for all lows: timelines for the implementation of women. The laboratory and medical commu- S. 845 the new program. The educational ap- nity support this bill, and I’m pleased to sup- Be it enacted by the Senate and House of Rep- proach is consistent with that included port it. resentatives of the United States of America in in the Mammography Quality Stand- Mr. BUCHANAN. Madam Speaker, I rise Congress assembled, ards Act, a program that is remarkably today in support of H.R. 1237, the Cytology SECTION 1. SHORT TITLE. effective. So the bill would ensure con- Proficiency Improvement Act of 2007. I am a This Act may be cited as the ‘‘Safety of tinuing education keeps up with the cosponsor of this important legislation, which Seniors Act of 2007’’. technology in the field and that clini- enhances women’s health by establishing a SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH cians are using day after day after day continuing medical education requirement for SERVICE ACT. to help save lives of Americans all pathologists and laboratory professionals who Part J of title III of the Public Health across our Nation. This is a major examine Pap tests to screen for cervical can- Service Act (42 U.S.C. 280b et seq.) is amend- move in the right direction. cer. ed— I recently toured Sarasota Pathology and (1) by redesignating section 393B (as added I want to thank once again all of by section 1401 of Public Law 106–386) as sec- those involved and encourage my col- heard directly from my constituents about the tion 393C and transferring such section so leagues to support the bill. importance of this bill and its potential to help that it appears after section 393B (as added Mrs. CAPPS. Madam Speaker, I con- save lives. by section 1301 of Public Law 106–310); and tinue to reserve the balance of my This legislation amends the Clinical Labora- (2) by inserting after section 393C (as redes- time. tory Improvements Amendments of 1988, ignated by paragraph (1)) the following: Mr. DEAL of Georgia. Madam Speak- CLIA, which mandated a cytology proficiency ‘‘SEC. 393D. PREVENTION OF FALLS AMONG er, I urge the adoption of the bill. test to be administered by the Federal Gov- OLDER ADULTS. Madam Speaker, I yield back the bal- ernment. However, the program lay inactive ‘‘(a) PUBLIC EDUCATION.—The Secretary ance of my time. until 2005, which, because of scientific ad- may— Mrs. CAPPS. Madam Speaker, I have ‘‘(1) oversee and support a national edu- vancements makes the test obsolete and out cation campaign to be carried out by a non- no further requests for time and again of date. profit organization with experience in de- would like to commend my colleagues Unlike the current CLIA testing model, H.R. signing and implementing national injury Representative GORDON and Represent- 1237, with its annual continuing medical edu- prevention programs, that is directed prin- ative DEAL and also the Women’s Cau- cation requirement, will provide the means to cipally to older adults, their families, and

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2035 health care providers, and that focuses on re- vent falls among older adults and prevent or There was no objection. ducing falls among older adults and pre- reduce injuries if falls occur. Mrs. CAPPS. Madam Speaker, I yield venting repeat falls; and ‘‘(2)(A) Award grants, contracts, or cooper- myself such time as I may consume. ‘‘(2) award grants, contracts, or coopera- ative agreements to qualified organizations, Madam Speaker, I rise in strong sup- tive agreements to qualified organizations, institutions, or consortia of qualified organi- institutions, or consortia of qualified organi- zations and institutions, specializing, or port of Senate bill 845, the Safety of zations and institutions, specializing, or demonstrating expertise, in falls or fall pre- Seniors Act. demonstrating expertise, in falls or fall pre- vention, to design, implement, and evaluate Falls represent a serious health risk vention, for the purpose of organizing State- fall prevention programs using proven inter- for millions of older Americans. In the level coalitions of appropriate State and vention strategies in residential and institu- United States, one of every three per- local agencies, safety, health, senior citizen, tional settings. sons age 65 or older falls each year. and other organizations to design and carry ‘‘(B) Award 1 or more grants, contracts, or Falls are the leading cause of injury out local education campaigns, focusing on cooperative agreements to 1 or more quali- deaths and the most common cause of reducing falls among older adults and pre- fied organizations, institutions, or consortia injuries and hospital admissions for venting repeat falls. of qualified organizations and institutions, ‘‘(b) RESEARCH.— specializing, or demonstrating expertise, in trauma in older adults. ‘‘(1) IN GENERAL.—The Secretary may— falls or fall prevention, in order to carry out Senate bill 845 seeks to address the ‘‘(A) conduct and support research to— a multistate demonstration project to imple- growing problem of falling and fall-re- ‘‘(i) improve the identification of older ment and evaluate fall prevention programs lated injuries among older adults. This adults who have a high risk of falling; using proven intervention strategies de- legislation would direct the Depart- ‘‘(ii) improve data collection and analysis signed for single and multifamily residential ment of Health and Human Services to to identify fall risk and protective factors; settings with high concentrations of older ‘‘(iii) design, implement, and evaluate the oversee and support national and local adults, including— education campaigns focused on reduc- most effective fall prevention interventions; ‘‘(i) identifying high-risk populations; ‘‘(iv) improve strategies that are proven to ‘‘(ii) evaluating residential facilities; ing falls and preventing repeated falls be effective in reducing falls by tailoring ‘‘(iii) conducting screening to identify among older adults. It is important to these strategies to specific populations of high-risk individuals; note that the House Committee on En- older adults; ‘‘(iv) providing fall assessment and risk re- ergy and Commerce held a markup of ‘‘(v) conduct research in order to maximize duction interventions and counseling; the House companion legislation H.R. the dissemination of proven, effective fall ‘‘(v) coordinating services with health care prevention interventions; 3701, the Keeping Seniors Safe From and social service providers; and ‘‘(vi) intensify proven interventions to pre- Falls Act, which was introduced by ‘‘(vi) coordinating post-fall treatment and vent falls among older adults; Health Subcommittee Chairman FRANK rehabilitation. ‘‘(vii) improve the diagnosis, treatment, ‘‘(3) Award 1 or more grants, contracts, or PALLONE. The committee amended H.R. and rehabilitation of elderly fall victims and cooperative agreements to qualified organi- 3701 to ensure that it was identical to older adults at high risk for falls; and zations, institutions, or consortia of quali- Senate bill 845, which has already ‘‘(viii) assess the risk of falls occurring in fied organizations and institutions, special- passed the Senate by unanimous con- various settings; izing, or demonstrating expertise, in falls or ‘‘(B) conduct research concerning barriers sent. So I want to commend my good fall prevention, to conduct evaluations of the to the adoption of proven interventions with friend FRANK PALLONE for his hard respect to the prevention of falls among effectiveness of the demonstration projects work and commitment on this impor- older adults; described in this subsection. tant piece of legislation. ‘‘(d) PRIORITY.—In awarding grants, con- ‘‘(C) conduct research to develop, imple- tracts, or cooperative agreements under this I urge my colleagues to support Sen- ment, and evaluate the most effective ap- section, the Secretary may give priority to ate bill 845. proaches to reducing falls among high-risk entities that explore the use of cost-sharing Madam Speaker, I reserve the bal- older adults living in communities and long- with respect to activities funded under the ance of my time. term care and assisted living facilities; and grant, contract, or agreement to ensure the Mr. DEAL of Georgia. Madam Speak- ‘‘(D) evaluate the effectiveness of commu- institutional commitment of the recipients nity programs designed to prevent falls er, I yield myself such time as I may of such assistance to the projects funded consume. among older adults. under the grant, contract, or agreement. ‘‘(2) EDUCATIONAL SUPPORT.—The Sec- Such non-Federal cost sharing contributions Madam Speaker, my wife and I had retary, either directly or through awarding may be provided directly or through dona- the opportunity to take care of my grants, contracts, or cooperative agreements tions from public or private entities and may mother and her parents in their later to qualified organizations, institutions, or be in cash or in-kind, fairly evaluated, in- years for a period of about 81⁄2 years consortia of qualified organizations and in- cluding plant, equipment, or services. prior to their passage some 11⁄2 years stitutions, specializing, or demonstrating ex- ‘‘(e) STUDY OF EFFECTS OF FALLS ON ago. We were always aware of the dan- pertise, in falls or fall prevention, may pro- HEALTH CARE COSTS.— ger that was posed by falls, and cer- vide professional education for physicians ‘‘(1) IN GENERAL.—The Secretary may con- and allied health professionals, and aging duct a review of the effects of falls on health tainly falls are one of the main causes service providers in fall prevention, evalua- care costs, the potential for reducing falls, of injuries and hospital admissions for tion, and management. and the most effective strategies for reduc- senior adults. ‘‘(c) DEMONSTRATION PROJECTS.—The Sec- ing health care costs associated with falls. S. 845, the Safety of Seniors Act of retary may carry out the following: ‘‘(2) REPORT.—If the Secretary conducts 2008, tries to address this danger by fo- ‘‘(1) Oversee and support demonstration the review under paragraph (1), the Sec- cusing attention on preventing falls and research projects to be carried out by retary shall, not later than 36 months after among senior citizens and conducting qualified organizations, institutions, or con- the date of enactment of the Safety of Sen- sortia of qualified organizations and institu- iors Act of 2007, submit to Congress a report research to evaluate the cause of falls tions, specializing, or demonstrating exper- describing the findings of the Secretary in among our older adults. The legislation tise, in falls or fall prevention, in the fol- conducting such review.’’. provides the Secretary with discretion lowing areas: The SPEAKER pro tempore. Pursu- to implement a national education ‘‘(A) A multistate demonstration project campaign, and, also, it gives him au- assessing the utility of targeted fall risk ant to the rule, the gentlewoman from California (Mrs. CAPPS) and the gen- thority to evaluate the effectiveness of screening and referral programs. community programs designed to pre- ‘‘(B) Programs designed for community- tleman from Georgia (Mr. DEAL) each dwelling older adults that utilize multi- will control 20 minutes. vent falls. It also gives the Secretary component fall intervention approaches, in- The Chair recognizes the gentle- the ability to create demonstration cluding physical activity, medication assess- woman from California. projects focused on evaluating and pre- ment and reduction when possible, vision en- GENERAL LEAVE venting falls in senior citizens. hancement, and home modification strate- Mrs. CAPPS. Madam Speaker, I ask I urge the adoption of this bill. gies. unanimous consent that all Members Madam Speaker, I yield back the bal- ‘‘(C) Programs that are targeted to new may have 5 legislative days to revise ance of my time. fall victims who are at a high risk for second and extend their remarks and include Mrs. CAPPS. Madam Speaker, I have falls and which are designed to maximize no further requests for time, and I sup- independence and quality of life for older extraneous material on the Senate bill adults, particularly those older adults with under consideration. port the passage of Senate bill 845, functional limitations. The SPEAKER pro tempore. Is there which seeks to address the growing ‘‘(D) Private sector and public-private objection to the request of the gentle- problem of falls and fall-related inju- partnerships to develop technologies to pre- woman from California? ries among older adults.

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2036 CONGRESSIONAL RECORD — HOUSE April 8, 2008 Mr. PALLONE. Madam Speaker, many of SECTION 1. SHORT TITLE. SEC. 4. ESTABLISHMENT OF VOLUNTARY FOOD us have elder parents, relatives, neighbors or This Act may be cited as the ‘‘Food Allergy ALLERGY AND ANAPHYLAXIS MAN- and Anaphylaxis Management Act of 2008’’. AGEMENT POLICY. colleagues who have experienced an unnec- (a) ESTABLISHMENT.—Not later than 1 year essary fall. Recently, Nancy Reagan and Sen- SEC. 2. FINDINGS. Congress finds as follows: after the date of enactment of this Act, the Sec- ator ROBERT BYRD have both suffered from (1) Food allergy is an increasing food safety retary shall— falls that have caused them to be hospitalized. and public health concern in the United States, (1) develop a policy to be used on a voluntary Falls among elderly Americans in fact are especially among students. basis to manage the risk of food allergy and an- so commonplace that one in three Americans (2) Peanut allergy doubled among children aphylaxis in schools; and over the age of 65 each year experiences a from 1997 to 2002. (2) make such policy available to local edu- cational agencies and other interested individ- debilitating fall. As a result, it is the leading (3) In a 2004 survey of 400 elementary school nurses, 37 percent reported having at least 10 uals and entities, including licensed child care cause of injury-related deaths for older Ameri- providers, preschool programs, and Head Start, cans. students with severe food allergies and 62 per- cent reported having at least 5. to be implemented on a voluntary basis only. The Centers for Disease Control and Pre- (4) Forty-four percent of the elementary (b) CONTENTS.—The voluntary policy devel- vention, CDC, estimates that fall-related med- school nurses surveyed reported that the number oped by the Secretary under subsection (a) shall ical expenses cost Americans more than $20 of students in their school with food allergy had contain guidelines that address each of the fol- billion annually. Projections are that those ex- increased over the past 5 years, while only 2 lowing: penses will climb to more than $40 billion over percent reported a decrease. (1) Parental obligation to provide the school, (5) In a 2001 study of 32 fatal food-allergy in- prior to the start of every school year, with— the next 15 years, posing additional burdens (A) documentation from the student’s physi- on already strapped Medicare and Medicaid duced anaphylactic reactions (the largest study of its kind to date), more than half (53 percent) cian or nurse— funding. (i) supporting a diagnosis of food allergy and Effective demonstration tests and com- of the individuals were aged 18 or younger. (6) Eight foods account for 90 percent of all the risk of anaphylaxis; (ii) identifying any food to which the student prehensive public information and education food-allergic reactions: milk, eggs, fish, shell- campaigns can help reduce and mitigate these is allergic; fish, tree nuts, peanuts, wheat, and soy. (iii) describing, if appropriate, any prior his- avoidable and frequently disabling injuries. (7) Currently, there is no cure for food aller- To that end, I introduced H.R. 3701, the tory of anaphylaxis; gies; strict avoidance of the offending food is the (iv) listing any medication prescribed for the ‘‘Keeping Seniors Safe from Falls Act of 2007’’ only way to prevent a reaction. student for the treatment of anaphylaxis; with my good friend Representative RALPH (8) Anaphylaxis is a systemic allergic reaction (v) detailing emergency treatment procedures HALL, which is the House companion to S. that can kill within minutes. in the event of a reaction; 845, the bill we are debating today. If enacted, (9) Food-allergic reactions are the leading (vi) listing the signs and symptoms of a reac- cause of anaphylaxis outside the hospital set- tion; and this legislation would launch a comprehensive ting, accounting for an estimated 30,000 emer- preventive care program and educational cam- (vii) assessing the student’s readiness for self- gency room visits, 2,000 hospitalizations, and 150 administration of prescription medication; and paign to reduce the number and severity of to 200 deaths each year in the United States. (B) a list of substitute meals that may be of- falls to the elderly. (10) Fatalities from anaphylaxis are associ- fered to the student by school food service per- In closing I want to acknowledge all the ated with a delay in the administration of epi- sonnel. hard work that went into this bill, including the nephrine (adrenaline), or when epinephrine was (2) The creation and maintenance of an indi- work of my colleagues both here in the House not administered at all. In a study of 13 food al- vidual health care plan tailored to the needs of and the Senate, as well as the Falls Free Co- lergy-induced anaphylactic reactions in school- each student with a documented risk for ana- alition working group, which has been advo- age children (6 fatal and 7 near fatal), only 2 of phylaxis, including any procedures for the self- cating for this legislation for sometime. the children who died received epinephrine administration of medication by such students Madam Speaker, falls among the elderly are within 1 hour of ingesting the allergen, and all in instances where— but 1 of the children who survived received epi- (A) the students are capable of self-admin- clearly an issue that affect and potentially im- nephrine within 30 minutes. istering medication; and peril us all. This legislation offers a national (11) The importance of managing life-threat- (B) such administration is not prohibited by approach to reducing these tragic events I ening food allergies in the school setting has State law. urge my colleagues on both sides of the aisle been recognized by the American Medical Asso- (3) Communication strategies between indi- to support this important bill. ciation, the American Academy of Pediatrics, vidual schools and local providers of emergency Mrs. CAPPS. Madam Speaker, I yield the American Academy of Allergy, Asthma and medical services, including appropriate instruc- back the balance of my time. Immunology, the American College of Allergy, tions for emergency medical response. The SPEAKER pro tempore. The Asthma and Immunology, and the National As- (4) Strategies to reduce the risk of exposure to question is on the motion offered by sociation of School Nurses. anaphylactic causative agents in classrooms (12) There are no Federal guidelines con- and common school areas such as cafeterias. the gentlewoman from California (Mrs. cerning the management of life-threatening food (5) The dissemination of information on life- CAPPS) that the House suspend the allergies in the school setting. threatening food allergies to school staff, par- rules and pass the Senate bill, S. 845. (13) Three-quarters of the elementary school ents, and students, if appropriate by law. The question was taken; and (two- nurses surveyed reported developing their own (6) Food allergy management training of thirds being in the affirmative) the training guidelines. school personnel who regularly come into con- rules were suspended and the Senate (14) Relatively few schools actually employ a tact with students with life-threatening food al- bill was passed. full-time school nurse. Many are forced to cover lergies. A motion to reconsider was laid on more than 1 school, and are often in charge of (7) The authorization and training of school hundreds if not thousands of students. personnel to administer epinephrine when the the table. (15) Parents of students with severe food aller- school nurse is not immediately available. f gies often face entirely different food allergy (8) The timely accessibility of epinephrine by school personnel when the nurse is not imme- FOOD ALLERGY AND ANAPHY- management approaches when their students change schools or school districts. diately available. LAXIS MANAGEMENT ACT OF (16) In a study of food allergy reactions in (9) Extracurricular programs such as non-aca- 2008 schools and day-care settings, delays in treat- demic outings and field trips, before- and after- Mrs. CAPPS. Madam Speaker, I move ment were attributed to a failure to follow emer- school programs, and school-sponsored pro- to suspend the rules and pass the bill gency plans, calling parents instead of admin- grams held on weekends that are addressed in (H.R. 2063) to direct the Secretary of istering emergency medications, and an inability the individual health care plan. to administer epinephrine. (10) The collection and publication of data for Health and Human Services, in con- each administration of epinephrine to a student sultation with the Secretary of Edu- SEC. 3. DEFINITIONS. In this Act: at risk for anaphylaxis. cation, to develop a voluntary policy (1) ESEA DEFINITIONS.—The terms ‘‘local edu- (c) RELATION TO STATE LAW.—Nothing in this for managing the risk of food allergy cational agency’’, ‘‘secondary school’’, and ‘‘el- Act or the policy developed by the Secretary and anaphylaxis in schools, to estab- ementary school’’ have the meanings given the under subsection (a) shall be construed to pre- lish school-based food allergy manage- terms in section 9101 of the Elementary and Sec- empt State law, including any State law regard- ment grants, and for other purposes, as ondary Education Act of 1965 (20 U.S.C. 7801). ing whether students at risk for anaphylaxis may self-administer medication. amended. (2) SCHOOL.—The term ‘‘school’’ includes pub- The Clerk read the title of the bill. lic— SEC. 5. VOLUNTARY NATURE OF POLICY AND (A) kindergartens; GUIDELINES. The text of the bill is as follows: (B) elementary schools; and The policy developed by the Secretary under H.R. 2063 (C) secondary schools. section 4(a) and the food allergy management Be it enacted by the Senate and House of Rep- (3) SECRETARY.—The term ‘‘Secretary’’ means guidelines contained in such policy are vol- resentatives of the United States of America in the Secretary of Health and Human Services, in untary. Nothing in this Act or the policy devel- Congress assembled, consultation with the Secretary of Education. oped by the Secretary under section 4(a) shall be

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This tleman from Georgia (Mr. DEAL) each lish voluntary guidelines and policies commonsense legislation will give will control 20 minutes. to manage the risks of food allergy in schools, teachers and parents the infor- The Chair recognizes the gentle- a school setting. This policy will take mation they need to keep food-allergic woman from California. into account the important role played children safer and deserves the support GENERAL LEAVE by parents and the individual needs of of every one of my colleagues. Mrs. CAPPS. Madam Speaker, I ask students with differing allergies. Hope- I would like to thank Senator DODD, unanimous consent that all Members fully, this legislation will provide im- who is pushing a similar bill in the may have 5 legislative days to revise portant Federal guidelines, which, Senate, Leader HOYER and his staff, and extend their remarks and include when implemented, will provide peace Ivana Alexander, Chairmen DINGELL, extraneous material on the bill under of mind for parents of children with MILLER and PALLONE and their staffs, consideration. food allergies when they send their particularly William Garner and Bobby The SPEAKER pro tempore. Is there children to school every day. Clark, for their support of this bill, and objection to the request of the gentle- Madam Speaker, I reserve the bal- of course Jean Doyle, my legislative di- woman from California? ance of my time. rector, for her tireless efforts on this There was no objection. Mrs. CAPPS. Madam Speaker, I am issue. I would also like to thank Anne Mrs. CAPPS. Madam Speaker, I yield very pleased to yield 5 minutes to the Munoz-Furlong from the Food Allergy myself such time as I may consume. author of the bill, our good friend and and Anaphylaxis Network, Todd I rise in strong support of H.R. 2063, colleague from New York (Mrs. Slotkin from the Food Allergy Initia- the Food Allergy and Anaphylaxis LOWEY). tive, Dave Bunning from the Food Al- Mrs. LOWEY. Madam Speaker, I rise Management Act of 2008. lergy Project, and Dr. Hugh Sampson This legislation would provide in strong support of H.R. 2063, the Food from Mt. Sinai Hospital for their tire- schools with uniform guidance on how Allergy and Anaphylaxis Management less work on behalf of all individuals to create appropriate management and Act. with food allergies. And I want to thank my good friend emergency plans for children with food This bill will take an important step Congresswoman LOIS CAPPS and Con- allergies. in protecting children with food aller- gressman DEAL for your support on I was a school nurse, again, for 20 gies. this very important legislation. years, and I know so well the chal- I urge my colleagues to support it. More than 11 million Americans suf- Mr. DEAL of Georgia. Madam Speak- lenges confronting educators when fer from food allergies. Each year sev- er, I would urge the adoption of this working to ensure that their students eral hundred of these individuals die legislation. are adequately cared for. And with the and an estimated 30,000 receive life- I yield back the balance of my time. current shortage of school nurses, it is saving treatments in emergency rooms Mrs. CAPPS. Madam Speaker, I am more important than ever that we as- due to food-induced anaphylaxis. De- very pleased to yield 1 minute to our sist local educational agencies in being spite the critical nature of these aller- majority leader of the House, the gen- prepared to manage the risk of food al- gies, the only way to prevent dan- tleman from Maryland (Mr. HOYER). lergy and anaphylaxis in school. gerous reactions is to avoid all foods Mr. HOYER. I thank the gentlelady The risk of accidental exposure to that contain allergy-inducing ingredi- for yielding, and I rise in very strong foods can be reduced in the school set- ents. And while there have been vast support of this legislation, and I thank ting if schools will work with students, improvements in food labeling, this is the gentlelady from New York for her parents, nurses, and physicians to min- still easier said than done, particularly leadership on this issue. I thank Mr. imize risks and provide a safe edu- for millions of children in school-based DEAL for his leadership, as well, on this cational environment for food-allergic settings. very, very important issue. students. Madam Speaker, today this House is I want to commend my good friend b 1545 considering seven very important but from New York NITA LOWEY for her Unfortunately, we have a patchwork largely noncontroversial public health tireless work on this important bill. I of policies, regulations and State laws bills. This week, of course, is National urge my colleagues on both sides of the to address this problem. Food allergies Public Health Week, a time to reflect aisle to join me in supporting H.R. 2063. and the risk of anaphylaxis are simply on the importance of the quality of Madam Speaker, I reserve the bal- too dangerous to not have a more uni- public health programs and a time to ance of my time. form approach to safety. reiterate our commitment to address- Mr. DEAL of Georgia. Madam Speak- The Food Allergy and Anaphylaxis ing the critical problems that afflict er, I yield myself such time as I may Management Act, which I first intro- America’s health care system, such as consume. duced in 2005, would require the De- exploding costs and the rising number Madam Speaker, I do rise in support partment of Health and Human Serv- of uninsured. of H.R. 2063, the Food Allergy and Ana- ices to provide schools across the coun- Today, however, I want to address phylaxis Management Act of 2008. try with uniform guidance on how to one of the seven health bills that we Many children face life-threatening create management and emergency are considering. The one under consid- food allergies which dramatically im- plans for students with food allergies. eration right now is H.R. 2063, the Food pact their lifestyles and make an ordi- These guidelines, which will be devel- Allergy and Anaphylaxis Management narily safe place like a school cafeteria oped in consultation with the country’s Act, introduced by my good friend, a place filled with potential dangers. leading scientists and public health of- NITA LOWEY, of New York, the chair- However, despite this threat and the ficials, will help schools tailor manage- woman of the Foreign Operations Sub- growing prevalence of these food aller- ment plans to their students’ indi- committee, with whom I had the great gies, many schools struggle to estab- vidual needs, while also giving them privilege of serving for many years. lish effective guidelines to protect the confidence that the measures they are She is a longtime member of the health and well-being of students with taking have the stamp of approval Health and Human Services and Edu- food allergies. from the Federal Government. These cation Subcommittee of the Appropria- I had the occasion this past year to guidelines are not only critically im- tions Committee. On that committee, visit with neighbors and constituents portant in keeping children safe she has focused on health care for of mine whose children have these kind throughout the school day, but in en- Americans, but health care particu- of allergies, one of the children having suring that there is uniformity in how larly for children, as she has focused on a very severe food allergy problem. It schools address this growing problem. education for our children. is truly remarkable the degree of care With the enactment of this legisla- In short, Madam Speaker, this legis- that children and parents must take tion, parents will no longer have to lation will provide schools across the

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CAPPS) that the House suspend the Health and Human Services to develop As a matter of fact, my daughter, and rules and pass the bill, H.R. 2063, as a voluntary policy for schools to imple- parents similarly situated, meet with amended. ment measures to prevent exposure to their child’s teacher, Alexa is in kin- The question was taken; and (two- food allergens and to ensure a prompt dergarten, and teaches them how to thirds being in the affirmative) the response if a child suffers a potentially use the EpiPen, and it is ever present. rules were suspended and the bill, as fatal anaphylactic reaction. My daughter goes nowhere without her amended, was passed. Madam Speaker, deadly food aller- EpiPen for use on Alexa should she The title was amended so as to read: gies are not some arcane, rare occur- have an attack. ‘‘A bill to direct the Secretary of rence. Frankly, even if they were, they That is why it is critical that we pass Health and Human Services, in con- would require our attention. But the H.R. 2063 to ensure the safety of not sultation with the Secretary of Edu- reality is that as many as 2 million only Alexa, but the millions of other cation, to develop a voluntary policy school-age children suffer from food al- school-age children afflicted with food for managing the risk of food allergy lergies. One of those children is my allergies across the country. and anaphylaxis in schools.’’. A motion to reconsider was laid on granddaughter, Alexa. I recently went to an event in New the table. No cure currently exists. Avoiding York. And after the event, I went to any and all products with allergy-caus- dinner, and there were eight of us at f ing ingredients is the only way to pre- the table. Three of us were grand- NEWBORN SCREENING SAVES vent potentially life-threatening reac- fathers. Eight people, in New York, not LIVES ACT OF 2007 tions, reactions including severe ana- anything dealing with this issue, all Mrs. CAPPS. Madam Speaker, I move phylaxis, which often occur at school three grandfathers were telling one an- to suspend the rules and pass the Sen- and which can kill within minutes, un- other about the fact that they have ate bill (S. 1858) to amend the Public less epinephrine is administered. grandchildren with food allergies. That Health Service Act to establish grant Alexa, Madam Speaker, is 5 years of is why it is critical that we pass this programs to provide for education and age. When she is at my house, as she bill to ensure the safety not only of outreach on newborn screening and co- was this past weekend, when she is in a Alexa, but as I said, of the millions of ordinated followup care once newborn restaurant, she is acutely aware, ex- other school-age children. screening has been conducted, to reau- traordinarily aware, for a 5-year-old, of Madam Speaker, I urge all Members thorize programs under part A of title what she can and cannot eat. And her on both sides of the aisle to support XI of such Act, and for other purposes. mother, my daughter, asked the res- this important, life-saving legislation. The Clerk read the title of the Senate taurant, what do you cook your french Mrs. CAPPS. At this point, Madam bill. fries in? What do you use on your Speaker, I have no further speakers, The text of the Senate bill is as fol- foods? It is an extraordinarily anxious and as has been so eloquently under- lows: time when my granddaughter eats. scored by our majority leader on behalf S. 1858 Just last week, for example, members of all of the families, millions of chil- Be it enacted by the Senate and House of Rep- of my family, including Alexa, visited dren, as has been said across this coun- resentatives of the United States of America in my office, and we had sandwiches put try, their families, but also the schools Congress assembled, out for a number of the family mem- in which they attend public schools SECTION 1. SHORT TITLE. bers. We had to make sure that all pea- that it is incumbent upon us to pass This Act may be cited as the ‘‘Newborn nut butter and jelly sandwiches were this important legislation and get this Screening Saves Lives Act of 2007’’. removed from our conference room be- SEC. 2. IMPROVED NEWBORN AND CHILD bill signed into law. SCREENING FOR HERITABLE DIS- fore Alexa entered to protect her. Mr. VAN HOLLEN. Madam Speaker, I rise ORDER. To tell you how extraordinarily sen- in strong support of the Food Allergy and Ana- Section 1109 of the Public Health Service sitive she is, she was in Disney World phylaxis Management Act. Act (42 U.S.C. 300b–8) is amended— in Florida. She was walking with her Imagine having a child with a food allergy (1) by striking subsections (a), (b), and (c) mother and father down the pathway who is at school and can potentially eat some- and inserting the following: there from one exhibit to the other, ‘‘(a) AUTHORIZATION OF GRANT PROGRAM.— thing that will cause a life-threatening or fatal From amounts appropriated under sub- and all of a sudden she started to reaction. This can especially be a very nerve- section (j), the Secretary, acting through the wheeze heavily. Anne, who had seen wracking experience for any parent when their Administrator of the Health Resources and this happen before, could not under- child is away from home and spends most of Services Administration (referred to in this stand it because she didn’t have any- their time in school. section as the ‘Administrator’) and in con- thing to eat. They retraced their steps, This commonsense legislation was brought sultation with the Advisory Committee on and about 100 feet before this started, to my attention by many school-age children Heritable Disorders in Newborns and Chil- 100 feet, they saw some popcorn being from my congressional district. They shared dren (referred to in this section as the ‘Advi- sory Committee’), shall award grants to eli- popped in peanut oil. And it was simply their experiences of what they have to do gible entities to enable such entities— the wind wafting that peanut odor. And every day to manage their food allergies. They ‘‘(1) to enhance, improve or expand the whatever it was in the air she then have to scrutinize everything they eat in order ability of State and local public health agen- breathed in, and that immediately to make sure they avoid the allergy-producing cies to provide screening, counseling, or started to give her a problem. ingredients. The least we can do for these health care services to newborns and chil- The importance of managing life- children and their parents is to encourage dren having or at risk for heritable dis- threatening food allergies in the school school districts across the country to adopt orders; setting has been recognized by the uniform guidelines in managing the risk of ‘‘(2) to assist in providing health care pro- American Medical Association, the fessionals and newborn screening laboratory food allergy and anaphylaxis, and develop personnel with education in newborn screen- American Academy of Pediatrics, the emergency plans for children who suffer from ing and training in relevant and new tech- National Association of School Nurses this illness. This legislation would accomplish nologies in newborn screening and con- and the American Academy of Allergy, this goal by creating a new grant program to genital, genetic, and metabolic disorders; Asthma and Immunology. One of the provide resources for those school districts ‘‘(3) to develop and deliver educational pro- extraordinary nurses of America is our who voluntarily implement these measures. grams (at appropriate literacy levels) about colleague, LOIS CAPPS. And I want to Madam Speaker, by passing this bill, we newborn screening counseling, testing, fol- thank Congresswoman CAPPS for her can help reduce the number of life-threatening low-up, treatment, and specialty services to leadership on this issue, as well. As a parents, families, and patient advocacy and allergic reactions and help children manage support groups; and health professional, she knows first- their food allergies. I urge my colleagues to ‘‘(4) to establish, maintain, and operate a hand of the consequences of allowing support this legislation. system to assess and coordinate treatment this to go unchecked and unprepared Mrs. CAPPS. I yield back the balance relating to congenital, genetic, and meta- for. of my time. bolic disorders.

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‘‘(b) ELIGIBLE ENTITY.—In this section, the ‘‘(4) develop a model decision-matrix for ‘‘(2) PENDING RECOMMENDATIONS.—The Sec- term ‘eligible entity’ means— newborn screening expansion, including an retary shall adopt or reject any rec- ‘‘(1) a State or a political subdivision of a evaluation of the potential public health im- ommendation issued by the Advisory Com- State; pact of such expansion, and periodically up- mittee that is pending on the date of enact- ‘‘(2) a consortium of 2 or more States or date the recommended uniform screening ment of the Newborn Screening Saves Lives political subdivisions of States; panel, as appropriate, based on such deci- Act of 2007 by not later than 180 days after ‘‘(3) a territory; sion-matrix; the date of enactment of such Act. ‘‘(4) a health facility or program operated ‘‘(5) consider ways to ensure that all States ‘‘(3) DETERMINATIONS TO BE MADE PUBLIC.— by or pursuant to a contract with or grant attain the capacity to screen for the condi- The Secretary shall publicize any determina- from the Indian Health Service; or tions described in paragraph (3), and include tion on adopting or rejecting a recommenda- ‘‘(5) any other entity with appropriate ex- in such consideration the results of grant tion of the Advisory Committee pursuant to pertise in newborn screening, as determined funding under section 1109; and’’; this subsection, including the justification by the Secretary. (D) in paragraph (6) (as so redesignated by for the determination. ‘‘(c) APPROVAL FACTORS.—An application subparagraph (A)), by striking the period at ‘‘(e) ANNUAL REPORT.—Not later than 3 submitted for a grant under subsection (a)(1) the end and inserting ‘‘, which may include years after the date of enactment of the shall not be approved by the Secretary un- recommendations, advice, or information Newborn Screening Saves Lives Act of 2007, less the application contains assurances that dealing with— and each fiscal year thereafter, the Advisory the eligible entity has adopted and imple- ‘‘(A) follow-up activities, including those Committee shall— mented, is in the process of adopting and im- necessary to achieve rapid diagnosis in the ‘‘(1) publish a report on peer-reviewed new- plementing, or will use amounts received short-term, and those that ascertain long- born screening guidelines, including follow- under such grant to adopt and implement term case management outcomes and appro- up and treatment, in the United States; the guidelines and recommendations of the priate access to related services; ‘‘(2) submit such report to the appropriate Advisory Committee that are adopted by the ‘‘(B) implementation, monitoring, and committees of Congress, the Secretary, the Secretary and in effect at the time the grant evaluation of newborn screening activities, Interagency Coordinating Committee estab- is awarded or renewed under this section, including diagnosis, screening, follow-up, lished under Section 1114, and the State de- which shall include the screening of each and treatment activities; partments of health; and newborn for the heritable disorders rec- ‘‘(C) diagnostic and other technology used ‘‘(3) disseminate such report on as wide a ommended by the Advisory Committee and in screening; basis as practicable, including through post- adopted by the Secretary.’’; ‘‘(D) the availability and reporting of test- ing on the internet clearinghouse established (2) by redesignating subsections (d) ing for conditions for which there is no exist- under section 1112. through (i) as subsections (e) through (j), re- ing treatment; ‘‘(f) CONTINUATION OF OPERATION OF COM- spectively; ‘‘(E) conditions not included in the rec- MITTEE.—Notwithstanding section 14 of the (3) by inserting after subsection (c), the ommended uniform screening panel that are Federal Advisory Committee Act (5 U.S.C. following: treatable with Food and Drug Administra- App.), the Advisory Committee shall con- ‘‘(d) COORDINATION.—The Secretary shall tion-approved products or other safe and ef- tinue to operate during the 5-year period be- take all necessary steps to coordinate pro- fective treatments, as determined by sci- ginning on the date of enactment of the New- grams funded with grants received under this entific evidence and peer review; born Screening Saves Lives Act of 2007. section and to coordinate with existing new- ‘‘(F) minimum standards and related poli- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— born screening activities.’’; and cies and procedures used by State newborn There are authorized to be appropriated to (4) by striking subsection (j) (as so redesig- screening programs, such as language and carry out this section, $1,000,000 for fiscal nated) and inserting the following: terminology used by State newborn screen- year 2008, $1,012,500 for fiscal year 2009, ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ing programs to include standardization of $1,025,000 for fiscal year 2010, $1,037,500 for fis- There is authorized to be appropriated— case definitions and names of disorders for cal year 2011, and $1,050,000 for fiscal year ‘‘(1) to provide grants for the purpose of which newborn screening tests are per- 2012.’’. carrying activities under section (a)(1), formed; $15,000,000 for fiscal year 2008; $15,187,500 for SEC. 5. INFORMATION CLEARINGHOUSE. ‘‘(G) quality assurance, oversight, and fiscal year 2009, $15,375,000 for fiscal year Part A of title XI of the Public Health evaluation of State newborn screening pro- Service Act (42 U.S.C. 300b–1 et seq.) is 2010, $15,562,500 for fiscal year 2011, and grams, including ensuring that tests and amended by adding at the end the following: $15,750,000 for fiscal year 2012; and technologies used by each State meet estab- ‘‘(2) to provide grant for the purpose of car- ‘‘SEC. 1112. CLEARINGHOUSE OF NEWBORN lished standards for detecting and reporting SCREENING INFORMATION. rying out activities under paragraphs (2), (3), positive screening results; ‘‘(a) IN GENERAL.—The Secretary, acting and (4) of subsection (a), $15,000,000 for fiscal ‘‘(H) public and provider awareness and through the Administrator of the Health Re- year 2008, $15,187,500 for fiscal year 2009, education; sources and Services Administration (re- $15,375,000 for fiscal year 2010, $15,562,500 for ‘‘(I) the cost and effectiveness of newborn ferred to in this part as the ‘Administrator’), fiscal year 2011, and $15,750,000 for fiscal year screening and medical evaluation systems in consultation with the Director of the Cen- 2012.’’. and intervention programs conducted by ters for Disease Control and Prevention and SEC. 3. EVALUATING THE EFFECTIVENESS OF State-based programs; the Director of the National Institutes of NEWBORN AND CHILD SCREENING ‘‘(J) identification of the causes of, public Health, shall establish and maintain a cen- PROGRAMS. Section 1110 of the Public Health Service health impacts of, and risk factors for heri- tral clearinghouse of current educational Act (42 U.S.C. 300b–9) is amended by adding table disorders; and and family support and services information, at the end the following: ‘‘(K) coordination of surveillance activi- materials, resources, research, and data on ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ties, including standardized data collection newborn screening to— There are authorized to be appropriated to and reporting, harmonization of laboratory ‘‘(1) enable parents and family members of carry out this section $5,000,000 for fiscal definitions for heritable disorders and test- newborns, health professionals, industry rep- year 2008, $5,062,500 for fiscal year 2009, ing results, and confirmatory testing and resentatives, and other members of the pub- $5,125,000 for fiscal year 2010, $5,187,500 for fis- verification of positive results, in order to lic to increase their awareness, knowledge, cal year 2011, and $5,250,000 for fiscal year assess and enhance monitoring of newborn and understanding of newborn screening; 2012.’’. diseases.’’; and ‘‘(2) increase awareness, knowledge, and SEC. 4. ADVISORY COMMITTEE ON HERITABLE (2) in subsection (c)(2)— understanding of newborn diseases and DISORDERS IN NEWBORNS AND (A) by redesignating subparagraphs (E), (F) screening services for expectant individuals CHILDREN. and (G) as subparagraphs (F), (H), and (I); and families; and Section 1111 of the Public Health Service (B) by inserting after subparagraph (D) the ‘‘(3) maintain current data on quality indi- Act (42 U.S.C. 300b–10) is amended— following: cators to measure performance of newborn (1) in subsection (b)— ‘‘(E) the Commissioner of the Food and screening, such as false-positive rates and (A) by redesignating paragraph (3) as para- Drug Administration;’’; and other quality indicators as determined by graph (6); (C) by inserting after subparagraph (F), as the Advisory Committee under section 1111. (B) in paragraph (2), by striking ‘‘and’’ so redesignated, the following: ‘‘(b) INTERNET AVAILABILITY.—The Sec- after the semicolon; ‘‘(G) individuals with expertise in ethics retary, acting through the Administrator, (C) by inserting after paragraph (2) the fol- and infectious diseases who have worked and shall ensure that the clearinghouse described lowing: published material in the area of newborn under subsection (a)— ‘‘(3) make systematic evidence-based and screening;’’; and ‘‘(1) is available on the Internet; peer-reviewed recommendations that include (3) by adding at the end the following: ‘‘(2) includes an interactive forum; the heritable disorders that have the poten- ‘‘(d) DECISION ON RECOMMENDATIONS.— ‘‘(3) is updated on a regular basis, but not tial to significantly impact public health for ‘‘(1) IN GENERAL.—Not later than 180 days less than quarterly; and which all newborns should be screened, in- after the Advisory Committee issues a rec- ‘‘(4) provides— cluding secondary conditions that may be ommendation pursuant to this section, the ‘‘(A) links to Government-sponsored, non- identified as a result of the laboratory meth- Secretary shall adopt or reject such rec- profit, and other Internet websites of labora- ods used for screening; ommendation. tories that have demonstrated expertise in

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2040 CONGRESSIONAL RECORD — HOUSE April 8, 2008 newborn screening that supply research- tive interventions to promote the prevention ‘‘(B) experimental treatments and disease based information on newborn screening of poor health outcomes resulting from such management strategies for additional new- tests currently available throughout the disorders as well as providing information born conditions, and other genetic, meta- United States; and education to the public on such effective bolic, hormonal and or functional conditions ‘‘(B) information about newborn conditions interventions. that can be detected through newborn and screening services available in each ‘‘(b) ESTABLISHMENT.—The Secretary shall screening for which treatment is not yet State from laboratories certified under sub- establish an Interagency Coordinating Com- available; and part 2 of part F of title III, including infor- mittee on Newborn and Child Screening (re- ‘‘(C) other activities that would improve mation about supplemental screening that is ferred to in this section as the ‘Interagency newborn screening, as identified by the Di- available but not required, in the State Coordinating Committee’) to carry out the rector. where the infant is born; purpose of this section. ‘‘(2) ADDITIONAL NEWBORN CONDITION.—For ‘‘(C) current research on both treatable ‘‘(c) COMPOSITION.—The Interagency Co- purposes of this subsection, the term ‘addi- and not-yet treatable conditions for which ordinating Committee shall be composed of tional newborn condition’ means any condi- newborn screening tests are available; the Director of the Centers for Disease Con- tion that is not one of the core conditions ‘‘(D) the availability of Federal funding for trol and Prevention, the Administrator, the recommended by the Advisory Committee newborn and child screening for heritable Director of the Agency for Healthcare Re- and adopted by the Secretary. disorders including grants authorized under search and Quality, and the Director of the ‘‘(b) FUNDING.—In carrying out the re- the Newborn Screening Saves Lives Act of National Institutes of Health, or their des- search program under this section, the Sec- 2007; and ignees. retary and the Director shall ensure that en- ‘‘(d) ACTIVITIES.—The Interagency Coordi- ‘‘(E) other relevant information as deter- tities receiving funding through the program nating Committee shall— mined appropriate by the Secretary. will provide assurances, as practicable, that ‘‘(1) report to the Secretary and the appro- ‘‘(c) NONDUPLICATION.—In developing the such entities will work in consultation with clearinghouse under this section, the Sec- priate committees of Congress on its rec- the appropriate State departments of health, retary shall ensure that such clearinghouse ommendations related to the purpose de- and, as practicable, focus their research on minimizes duplication and supplements, not scribed in subsection (a); and screening technology not currently per- supplants, existing information sharing ef- ‘‘(2) carry out other activities determined formed in the States in which the entities forts. appropriate by the Secretary. are located, and the conditions on the uni- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— form screening panel (or the standard test For the purpose of carrying out this section, There are authorized to be appropriated to existing on the uniform screening panel). there are authorized to be appropriated carry out this section, $2,500,000 for fiscal ‘‘(c) REPORTS.—The Director is encouraged $1,000,000 for fiscal year 2008, $1,012,500 for fis- year 2008, $2,531,250 for fiscal year 2009, to include information about the activities cal year 2009, $1,025,000 for fiscal year 2010, $2,562,500 for fiscal year 2010, $2,593,750 for fis- carried out under this section in the biennial $1,037,500 for fiscal year 2011, and $1,050,000 cal year 2011, and $2,625,000 for fiscal year report required under section 403 of the Na- for fiscal year 2012.’’. 2012.’’. tional Institutes of Health Reform Act of SEC. 7. CONTINGENCY PLANNING. 2006. If such information is included, the Di- SEC. 6. LABORATORY QUALITY AND SURVEIL- Part A of title XI of the Public Health LANCE. rector shall make such information available Service Act (42 U.S.C. 300b–1 et seq.), as Part A of title XI of the Public Health to be included on the Internet Clearinghouse amended by section 6, is further amended by Service Act (42 U.S.C. 300b–1 et seq.), as established under section 1112. adding at the end the following: amended by section 5, is further amended by ‘‘(d) NONDUPLICATION.—In carrying out pro- ‘‘SEC. 1115. NATIONAL CONTINGENCY PLAN FOR adding at the end the following: grams under this section, the Secretary shall NEWBORN SCREENING. minimize duplication and supplement, not ‘‘SEC. 1113. LABORATORY QUALITY. ‘‘(a) IN GENERAL.—Not later than 180 days supplant, existing efforts of the type carried ‘‘(a) IN GENERAL.—The Secretary, acting after the date of enactment of this section, out under this section. through the Director of the Centers for Dis- the Secretary, acting through the Director ‘‘(e) PEER REVIEW.—Nothing in this section ease Control and Prevention and in consulta- of the Centers for Disease Control and Pre- shall be construed to interfere with the sci- tion with the Advisory Committee on Heri- vention and in consultation with the Admin- entific peer-review process at the National table Disorders in Newborns and Children es- istrator and State departments of health (or Institutes of Health.’’. tablished under section 1111, shall provide related agencies), shall develop a national for— contingency plan for newborn screening for The SPEAKER pro tempore. Pursu- ‘‘(1) quality assurance for laboratories in- use by a State, region, or consortia of States ant to the rule, the gentlewoman from volved in screening newborns and children in the event of a public health emergency. California (Mrs. CAPPS) and the gen- for heritable disorders, including quality as- ‘‘(b) CONTENTS.—The contingency plan de- tleman from Georgia (Mr. DEAL) each surance for newborn-screening tests, per- veloped under subsection (a) shall include a will control 20 minutes. formance evaluation services, and technical plan for— The Chair recognizes the gentle- assistance and technology transfer to new- ‘‘(1) the collection and transport of speci- woman from California. born screening laboratories to ensure ana- mens; lytic validity and utility of screening tests; ‘‘(2) the shipment of specimens to State GENERAL LEAVE and newborn screening laboratories; Mrs. CAPPS. Madam Speaker, I ask ‘‘(2) appropriate quality control and other ‘‘(3) the processing of specimens; unanimous consent that all Members performance test materials to evaluate the ‘‘(4) the reporting of screening results to may have 5 legislative days to revise performance of new screening tools. physicians and families; and extend their remarks and include ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(5) the diagnostic confirmation of positive extraneous material on the bill under For the purpose of carrying out this section, screening results; consideration. there are authorized to be appropriated ‘‘(6) ensuring the availability of treatment The SPEAKER pro tempore. Is there $5,000,000 for fiscal year 2008, $5,062,500 for fis- and management resources; cal year 2009, $5,125,000 for fiscal year 2010, ‘‘(7) educating families about newborn objection to the request of the gentle- $5,187,500 for fiscal year 2011, and $5,250,000 screening; and woman from California? for fiscal year 2012. ‘‘(8) carrying out other activities deter- There was no objection. ‘‘SEC. 1114. INTERAGENCY COORDINATING COM- mined appropriate by the Secretary. Mrs. CAPPS. Madam Speaker, I rise MITTEE ON NEWBORN AND CHILD ‘‘SEC. 1116. HUNTER KELLY RESEARCH PRO- in strong support of Senate bill 1858, SCREENING. GRAM. the Newborn Screening Saves Lives ‘‘(a) PURPOSE.—It is the purpose of this ‘‘(a) NEWBORN SCREENING ACTIVITIES.— Act. This legislation would facilitate section to— ‘‘(1) IN GENERAL.—The Secretary, in con- the creation of Federal guidelines on ‘‘(1) assess existing activities and infra- junction with the Director of the National structure, including activities on birth de- Institutes of Health and taking into consid- newborn screening and would assist fects and developmental disabilities author- eration the recommendations of the Advi- State newborn screening programs in ized under section 317C, in order to make rec- sory Committee, may continue carrying out, meeting these guidelines. ommendations for programs to collect, ana- coordinating, and expanding research in new- Newborn screening is used for early lyze, and make available data on the heri- born screening (to be known as ‘Hunter Kelly identification of infants affected by table disorders recommended by the Advi- Newborn Screening Research Program’) in- certain genetic, metabolic, hormonal, sory Committee on Heritable Disorders in cluding— and functional conditions for which Newborns and Children under section 1111, ‘‘(A) identifying, developing, and testing there may be an effective treatment or including data on the incidence and preva- the most promising new screening tech- intervention. If left untreated, these lence of, as well as poor health outcomes re- nologies, in order to improve already exist- sulting from, such disorders; and ing screening tests, increase the specificity disorders can cause death, disability, ‘‘(2) make recommendations for the estab- of newborn screening, and expand the num- mental retardation and other serious lishment of regional centers for the conduct ber of conditions for which screening tests conditions. Every year, more than 4 of applied epidemiological research on effec- are available; million infants are born and screened

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2041 to detect conditions that could threat- the legislation in that committee proc- leagues LUCILLE ROYBAL-ALLARD, MIKE en their lives and their long-term ess. I would ask my colleagues to join SIMPSON, and HENRY WAXMAN. They health. me in supporting this important bill. have long fought for life saving Senate bill 1858 will educate parents Madam Speaker, I reserve the bal- changes to newborn screening it, and it and health care providers about new- ance of my time. has been a pleasure working with them born screening. It will improve follow- Mrs. CAPPS. Madam Speaker, I re- to achieve its consideration today. up care for infants when illness is de- serve the balance of my time. I would like to thank Jill and Jim tected, and it will help States expand Mr. DEAL of Georgia. Madam Speak- Kelly and Jacque Waggoner from West- and improve their newborn screening er, I am pleased to yield 3 minutes to ern New York for their tireless advo- programs. the gentleman from New York (Mr. cacy on behalf of enhanced newborn It is very important to note that the REYNOLDS). screening and for the tremendous ef- House Committee on Energy and Com- Mr. REYNOLDS. Madam Speaker, I forts to raise public awareness about thank the gentleman from Georgia. merce held a markup of House com- this vital issue. Madam Speaker, as one of the chief panion legislation H.R. 3825, which was Madam Speaker, I urge a ‘‘yes’’ vote sponsors of the Newborn Screening introduced by my colleague, LUCILLE Saves Lives Act, I rise today in strong on the bill. ROYBAL-ALLARD. And I want to say a support of Senate 1858 and urge its pas- Mr. DEAL of Georgia. Madam Speak- word of commendation toward LUCILLE sage. I would like to extend my thanks er, I have no other requests for time. I ROYBAL-ALLARD, who has really urge the adoption of the resolution, to Chairman DINGELL and Ranking worked diligently over quite a period and I yield back the balance of my Member BARTON for working together of time to make sure that this bill to get this bill to the floor today. time. reached the floor today. She couldn’t This bill is a tribute to children and Mrs. CAPPS. Madam Speaker, I have be here to speak on behalf of the legis- their parents who have had to face the no further speakers. I urge the adop- lation, but I know that there has been pain of experiencing a disease that tion of S. 1858, the Newborn Screening a great deal of leadership that has wasn’t caught by newborn screening. Saves Lives Act, and yield back the brought us to this point today. Each year, over 4 million children are balance of my time. The House Energy and Commerce routinely tested at birth for genetic The SPEAKER pro tempore. The Committee amended H.R. 3825 to en- disorders. But what so many parents question is on the motion offered by sure that it was identical to the Senate don’t realize is that the actual number the gentlewoman from California (Mrs. bill, 1858, which has already passed the of conditions that their child is CAPPS) that the House suspend the Senate by unanimous consent. And so screened for depends on the State they rules and pass the Senate bill, S. 1858. the good work of our friend, Congress- live in. A child’s life in one State The question was taken; and (two- woman ROYBAL-ALLARD, has brought should never mean more or less than a thirds being in the affirmative) the us to this point and to the commit- child’s life in another. rules were suspended and the Senate ment that I share on this important Every child born with a disease, bill was passed. piece of legislation. whether it is common or rare, should A motion to reconsider was laid on I appreciate all of her efforts to carry receive early diagnosis and treatment. the table. this legislation forward and admire her That is why we need the Newborn f dedication to helping the children and Screening Laws Saves Lives Act signed families affected by these conditions. into law and adequately funded. TRAUMATIC BRAIN INJURY ACT I urge all of my colleagues to join in Through this legislation, we cannot OF 2008 support of Senate bill 1858. only educate parents about lifesaving Ms. BALDWIN. Madam Speaker, I I reserve the remainder of my time. tests available for their newborn child, move to suspend the rules and pass the Mr. DEAL of Georgia. Madam Speak- but greatly expand the screening pro- Senate bill (S. 793) to provide for the er, I yield myself such time as I may grams at the State level. expansion and improvement of trau- consume. Left untreated, many disorders are matic brain injury programs, as Newborn screening can certainly life-threatening or can cause serious amended. identify children at risk for certain mental and physical disabilities. Early The Clerk read the title of the Senate metabolic and genetic diseases for detection through screening can lessen bill. which there may be an effective treat- effects or even completely prevent pro- The text of the Senate bill is as fol- ment. If it is detected early it is cer- gression of many disorders by pro- lows: tainly a cost-saving way of dealing viding for immediate medical interven- S. 793 with these problems that can lead to tion. My State of New York has long been Be it enacted by the Senate and House of death, disability, mental retardation Representatives of the United States of America and many other serious conditions. a national leader in newborn screening, in Congress assembled, starting in 1960 when Dr. Robert Guth- Currently, States have differing poli- SECTION 1. SHORT TITLE. cies and procedures for doing newborn rie developed the first newborn screen- This Act may be cited as the ‘‘Traumatic screening. Accurate screening ensures ing tests in Buffalo, New York. New Brain Injury Act of 2008’’. affected babies are identified and re- York now tests each child for 44 dif- SEC. 2. CONFORMING AMENDMENTS RELATING ceive the proper care. ferent conditions. TO RESTRUCTURING. In 2004, the American College of Med- 1600 Part J of title III of the Public Health b ical Genetics completed a report com- Service Act (42 U.S.C. 280b et seq.) is amend- This legislation establishes a new- missioned by the U.S. Department of ed— born screening education and outreach Health and Human Services which rec- (1) by redesignating the section 393B (42 program at the Department of Health ommended at a minimum every baby U.S.C. 280b–1c) relating to the use of allot- and Human Services in order to im- born in the United States be screened ments for rape prevention education, as sec- prove newborn screening. Many parents tion 393A and moving such section so that it for a core set of 29 treatable disorders. follows section 393; of newborns are not aware of the wide Currently, only 19 States and the Dis- (2) by redesignating existing section 393A variety of screening tests that are trict of Columbia require infants to be (42 U.S.C. 280b–1b) relating to prevention of available. Thus, the legislation would screened for all 29 of the recommended traumatic brain injury, as section 393B; and establish a clearinghouse of edu- disorders. It is my sincere hope (3) by redesignating the section 393B (42 cational and family support and serv- through grants and research funding U.S.C. 280b–1d) relating to traumatic brain ices information on newborn screening provided for in the Newborn Screening injury registries, as section 393C. in order to provide resources for those Saves Lives Act, every State will be SEC. 3. TRAUMATIC BRAIN INJURY PROGRAMS OF THE CENTERS FOR DISEASE CON- families. able to coordinate their newborn TROL AND PREVENTION. This legislation moved through our screening tests in order to bring con- (a) PREVENTION OF TRAUMATIC BRAIN IN- committee in a bipartisan process and sistency across the country. JURY.—Clause (ii) of section 393B(b)(3)(A) of the majority and the minority were Finally, I would like to acknowledge the Public Health Service Act, as so redesig- able to reconcile a few differences on the strong bipartisan efforts of my col- nated, (42 U.S.C. 280b–1b) is amended by

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2042 CONGRESSIONAL RECORD — HOUSE April 8, 2008 striking ‘‘from hospitals and trauma cen- ‘‘(2) Identifying common therapeutic the period and inserting ‘‘A State or Amer- ters’’ and inserting ‘‘from hospitals and interventions which are used for the reha- ican Indian consortium that received a grant emergency departments’’. bilitation of individuals with such injuries, under this section prior to the date of the en- (b) NATIONAL PROGRAM FOR TRAUMATIC and, subject to the availability of informa- actment of the Traumatic Brain Injury Act BRAIN INJURY SURVEILLANCE AND REG- tion, including an analysis of— of 2008 may complete the activities funded by ISTRIES.—Section 393C of the Public Health ‘‘(A) the effectiveness of each such inter- the grant.’’; Service Act, as so redesignated, (42 U.S.C. vention in improving the functioning, in- (5) in subsection (f)— 280b et seq.) is amended— cluding return to work or school and com- (A) in the subsection heading, by insert- (1) in the section heading, by inserting munity participation, of individuals with ing ‘‘AND AMERICAN INDIAN CONSORTIUM’’ ‘‘SURVEILLANCE AND’’ after ‘‘NATIONAL PRO- brain injuries; after ‘‘STATE’’; GRAM FOR TRAUMATIC BRAIN INJURY’’; and ‘‘(B) the comparative effectiveness of (B) in paragraph (1) in the matter pre- (2) in subsection (a), in the matter pre- interventions employed in the course of re- ceding subparagraph (A), paragraph (1)(E), ceding paragraph (1), by striking ‘‘may make habilitation of individuals with brain inju- paragraph (2)(A), paragraph (2)(B), paragraph grants’’ and all that follows through ‘‘to col- ries to achieve the same or similar clinical (3) in the matter preceding subparagraph (A), lect data concerning—’’ and inserting ‘‘may outcome; and paragraph (3)(E), and paragraph (3)(F), by make grants to States or their designees to ‘‘(C) the adequacy of existing measures of striking the term ‘‘State’’ each place such develop or operate the State’s traumatic outcomes and knowledge of factors influ- term appears and inserting ‘‘State or Amer- brain injury surveillance system or registry encing differential outcomes. ican Indian consortium’’; and to determine the incidence and prevalence of ‘‘(3) Identifying interventions and thera- (C) in clause (ii) of paragraph (1)(A), by traumatic brain injury and related dis- pies that can prevent or remediate the devel- striking ‘‘children and other individuals’’ ability, to ensure the uniformity of reporting opment of secondary neurologic conditions and inserting ‘‘children, youth, and adults’’; under such system or registry, to link indi- related to traumatic brain injury. (6) in subsection (h)— viduals with traumatic brain injury to serv- ‘‘(4) Developing practice guidelines for (A) by striking ‘‘Not later than 2 years ices and supports, and to link such individ- the rehabilitation of traumatic brain injury after the date of the enactment of this sec- uals with academic institutions to conduct at such time as appropriate scientific re- tion, the Secretary’’ and inserting ‘‘Not less applied research that will support the devel- search becomes available. than biennially, the Secretary’’; opment of such surveillance systems and reg- ‘‘(b) DATES CERTAIN FOR REPORTS.—If the (B) by striking ‘‘Commerce of the House istries as may be necessary. A surveillance study is conducted under subsection (a), the of Representatives, and to the Committee on system or registry under this section shall Secretary shall, not later than 3 years after Labor and Human Resources’’ and inserting provide for the collection of data con- the date of the enactment of the Traumatic ‘‘Energy and Commerce of the House of Rep- cerning—’’. Brain Injury Act of 2008, submit to Congress resentatives, and to the Committee on (c) REPORT.—Section 393C of the Public a report describing findings made as a result Health, Education, Labor, and Pensions’’; Health Service Act (as so redesignated) is of carrying out such subsection (a). and amended by adding at the end the following: ‘‘(c) DEFINITION.—For purposes of this (C) by inserting ‘‘and section 1253’’ after ‘‘(b) Not later than 18 months after the section, the term ‘traumatic brain injury’ ‘‘programs established under this section,’’; date of enactment of the Traumatic Brain means an acquired injury to the brain. Such (7) by amending subsection (i) to read as Injury Act of 2008, the Secretary, acting term does not include brain dysfunction follows: through the Director of the Centers for Dis- caused by congenital or degenerative dis- ‘‘(i) DEFINITIONS.—For purposes of this ease Control and Prevention and the Direc- orders, nor birth trauma, but may include section: tor of the National Institutes of Health and brain injuries caused by anoxia due to trau- ‘‘(1) The terms ‘American Indian consor- in consultation with the Secretary of De- ma including near drowning. The Secretary tium’ and ‘State’ have the meanings given to fense and the Secretary of Veterans Affairs, may revise the definition of such term as the those terms in section 1253. shall submit to the relevant committees of Secretary determines necessary.’’. ‘‘(2) The term ‘traumatic brain injury’ Congress a report that contains the findings SEC. 5. TRAUMATIC BRAIN INJURY PROGRAMS derived from an evaluation concerning ac- means an acquired injury to the brain. Such OF THE NATIONAL INSTITUTES OF term does not include brain dysfunction tivities and procedures that can be imple- HEALTH. mented by the Centers for Disease Control Section 1261 of the Public Health Service caused by congenital or degenerative dis- and Prevention to improve the collection Act (42 U.S.C. 300d–61) is amended— orders, nor birth trauma, but may include and dissemination of compatible epidemio- (1) in subsection (b)(2), by striking brain injuries caused by anoxia due to trau- logical studies on the incidence and preva- ‘‘Labor and Human Resources’’ and inserting ma. The Secretary may revise the definition lence of traumatic brain injury in individ- ‘‘Health, Education, Labor, and Pensions’’; of such term as the Secretary determines uals who were formerly in the military. The (2) in subparagraph (D) of subsection necessary, after consultation with States report shall include recommendations on the (d)(4), by striking ‘‘head brain injury’’ and and other appropriate public or nonprofit manner in which such agencies can further inserting ‘‘brain injury’’; and private entities.’’; and collaborate on the development and improve- (3) in subsection (i), by inserting ‘‘, and (8) in subsection (j), by inserting ‘‘, and ment of traumatic brain injury diagnostic such sums as may be necessary for each of such sums as may be necessary for each of tools and treatments.’’. the fiscal years 2009 through 2012’’ before the the fiscal years 2009 through 2012’’ before the SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY. period at the end. period. TATE RANTS FOR ROTECTION AND Part J of title III of the Public Health SEC. 6. TRAUMATIC BRAIN INJURY PROGRAMS (b) S G P Service Act (42 U.S.C. 280b et seq.) is amend- OF THE HEALTH RESOURCES AND ADVOCACY SERVICES.—Section 1253 of the ed by inserting after section 393C, as so re- SERVICES ADMINISTRATION. Public Health Service Act (42 U.S.C. 300d–53) designated, the following: (a) STATE GRANTS FOR DEMONSTRATION is amended— ‘‘SEC. 393C–1. STUDY ON TRAUMATIC BRAIN IN- PROJECTS REGARDING TRAUMATIC BRAIN IN- (1) in subsections (d) and (e), by striking JURY. JURY.—Section 1252 of the Public Health the term ‘‘subsection (i)’’ each place such ‘‘(a) STUDY.—The Secretary, acting Service Act (42 U.S.C. 300d–52) is amended— term appears and inserting ‘‘subsection (l)’’; through the Director of the Centers for Dis- (1) in subsection (a)— (2) in subsection (g), by inserting ‘‘each ease Control and Prevention with respect to (A) by striking ‘‘may make grants to fiscal year not later than October 1,’’ before paragraph (1) and in consultation with the States’’ and inserting ‘‘may make grants to ‘‘the Administrator shall pay’’; Director of the National Institutes of Health States and American Indian consortia’’; and (3) by redesignating subsections (i) and and other appropriate entities with respect (B) by striking ‘‘health and other serv- (j) as subsections (l) and (m), respectively; to paragraphs (2), (3), and (4), may conduct a ices’’ and inserting ‘‘rehabilitation and other (4) by inserting after subsection (h) the study with respect to traumatic brain injury services’’; following: for the purpose of carrying out the following: (2) in subsection (b)— ‘‘(i) DATA COLLECTION.—The Adminis- ‘‘(1) In collaboration with appropriate (A) in paragraphs (1), (3)(A)(i), (3)(A)(iii), trator of the Health Resources and Services State and local health-related agencies— and (3)(A)(iv), by striking the term ‘‘State’’ Administration and the Commissioner of the ‘‘(A) determining the incidence of trau- each place such term appears and inserting Administration on Developmental Disabil- matic brain injury and prevalence of trau- the term ‘‘State or American Indian consor- ities shall enter into an agreement to coordi- matic brain injury related disability and the tium’’; and nate the collection of data by the Adminis- clinical aspects of the disability in all age (B) in paragraph (2), by striking ‘‘rec- trator and the Commissioner regarding pro- groups and racial and ethnic minority groups ommendations to the State’’ and inserting tection and advocacy services. in the general population of the United ‘‘recommendations to the State or American ‘‘(j) TRAINING AND TECHNICAL ASSIST- States, including institutional settings, such Indian consortium’’; ANCE.— as nursing homes, correctional facilities, (3) in subsection (c)(1), by striking the ‘‘(1) GRANTS.—For any fiscal year for psychiatric hospitals, child care facilities, term ‘‘State’’ each place such term appears which the amount appropriated to carry out and residential institutes for people with de- and inserting ‘‘State or American Indian this section is $6,000,000 or greater, the Ad- velopmental disabilities; and consortium’’; ministrator shall use 2 percent of such ‘‘(B) reporting national trends in trau- (4) in subsection (e), by striking ‘‘A State amount to make a grant to an eligible na- matic brain injury. that received’’ and all that follows through tional association for providing for training

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2043 and technical assistance to protection and territories, and the District of Colum- been wounded in Iraq. Two-thirds of advocacy systems. bia in establishing and expanding co- those, approximately 20,000, have had ‘‘(2) DEFINITION.—In this subsection, the ordinated services of community-based injuries during this war affecting the term ‘eligible national association’ means a services and support for those with brain. national association with demonstrated ex- We are in truly a very important perience in providing training and technical traumatic brain injuries. assistance to protection and advocacy sys- Traumatic brain injuries, TBI, can time in history. The brain is the last tems. happen to anyone, and occur when frontier of science. Many returning ‘‘(k) SYSTEM AUTHORITY.—In providing someone experiences brain damage servicemembers suffering from TBI services under this section, a protection and from externally inflicted trauma to the will receive excellent care and rehabili- advocacy system shall have the same au- head. While these injuries can impact tation services within the Department thorities, including access to records, as children, teenagers and adults, TBI has of Defense and Department of Veterans such system would have for purposes of pro- been described as the signature wound Affairs. But others suffering TBI that viding services under subtitle C of the Devel- are initially undiagnosed or opmental Disabilities Assistance and Bill of of the war in Iraq. Rights Act of 2000.’’; and This legislation, first authorized in misdiagnosed will later look to the ci- (5) in subsection (l) (as redesignated by 1996, was reauthorized in 2000. With the vilian community and local resources this subsection) by striking ‘‘2002 through large number of troops returning from for information and services, especially 2005’’ and inserting ‘‘2009 through 2012’’. the battlefield afflicted by this injury, those who serve in the National Guard The SPEAKER pro tempore. Pursu- it is important that we continue the and Reserves. ant to the rule, the gentlewoman from activities authorized by this legisla- That is why it is essential that we Wisconsin (Ms. BALDWIN) and the gen- tion. continue to foster collaboration be- tween the civilian and the military, tleman from Georgia (Mr. DEAL) each The bill ensures that we are working will control 20 minutes. to improve treatment through research like the Department of Defense Center The Chair recognizes the gentle- at the National Institutes of Health of Excellence for Psychological Health woman from Wisconsin. and are able to gather information and Traumatic Brain Injury. My good friend Colonel Sutton has done a fan- GENERAL LEAVE about the incidence of TBI and the tastic job there to build a system that Ms. BALDWIN. Madam Speaker, I prevalence of TBI-related disability. ensures returning troops receive what ask unanimous consent that all Mem- I urge my colleagues to join me in they need to put their lives back to- bers have 5 legislative days to revise supporting this important effort. Madam Speaker, I reserve the bal- gether again. and extend their remarks and include Unfortunately, TBI remains a silent extraneous material on the Senate bill ance of my time. Ms. BALDWIN. Madam Speaker, I epidemic in the United States of Amer- under consideration. ica. That is why the legislation today, The SPEAKER pro tempore. Is there yield 5 minutes to the gentleman from New Jersey (Mr. PASCRELL). Madam Speaker, is so important. The objection to the request of the gentle- TBI Act is the only legislation that woman from Wisconsin? Mr. PASCRELL. Madam Speaker, I want to thank the distinguished gen- specifically allocates Federal funds for There was no objection. programs supporting individuals with Ms. BALDWIN. Madam Speaker, I tlewoman from Wisconsin. I would like to also thank Chairman DINGELL and brain injury. yield myself such time as I may con- Originally passed in 1996 and reau- Chairman PALLONE for their thoughtful sume. thorized in 2000, the TBI Act represents Madam Speaker, I rise in support of consideration and support for millions of TBI survivors and their families. But a foundation for coordinated and bal- the Senate bill, S. 793, the Traumatic anced public policy in prevention, edu- I personally want to thank my friend Brain Injury Act of 2008, to authorize cation and research and community from Pennsylvania, Congressman TODD research and public health activities living for people living with TBI and PLATTS, for his leadership on this im- relating to trauma and traumatic brain their circles of support, many times portant issue. He has shown true sensi- injury. The version of the bill we are forgotten as well. It has produced re- tivity, and as cochair of the Congres- considering today represents bipartisan sults. For 10 years, the Traumatic sional Brain Injury Task Force, fami- and bicameral consensus. Brain Injury Act was successfully pro- lies all through America could not The purpose of S. 793, the Traumatic viding direction and legal authority for have a better friend than TODD PLATTS. Brain Injury Act of 2008, is to authorize the vast brain injury community in the I have witnessed firsthand, Madam funding for research, treatment, sur- United States. The act was not de- Speaker, how these programs make a veillance and education activities re- signed to provide direct care to persons difference in people’s lives. Traumatic lated to trauma and traumatic brain with TBI, but rather to inform. injury at the National Institutes of brain injury is a leading cause of death The Health Resources and Services Health, the Health Resources and Serv- and disability in young Americans, as Administration grants within the TBI ices Administration and the Centers well as being the signature injury of Act have helped States to improve ac- for Disease Control and Prevention. our troops in Iraq and Afghanistan. cess to health and other services for Reauthorizing the traumatic brain in- Every 21 seconds, one person in the persons with TBI. Prior to the 1996 law, jury program will strengthen the goal United States sustains a traumatic they did not have the tools to even ac- of understanding and addressing trau- brain injury. That adds up to 1.4 mil- cess their own needs. Thanks to the matic brain injury and strengthen our lion TBIs each year. About half of Centers for Disease Control and Pre- commitment to all those who experi- these cases result in at least short- vention, we now have a record of inci- ence traumatic brain injury. term disability, and about 50,000 people dence, including details and preva- I want to acknowledge my friend the die as a result of these injuries. Eighty lence, plans for prevention, and, fi- gentleman from New Jersey, Congress- thousand people sustain severe brain nally, access to treatment. We have man BILL PASCRELL, for his incredible injuries leading to long-term dis- also begun to educate the public and leadership in the House on this impor- ability. provide much-needed scientific data for tant matter. I urge my colleagues on The Centers for Disease Control esti- our scientists, our health care pro- both sides of the aisle to join me in its mates there are 5.3 million Americans viders and policymakers. support. who are living with long-term severe Madam Speaker, I cannot tell you Madam Speaker, I reserve the bal- disability as a result of brain injury. how crucial this is to those who have ance of my time. The national cost is estimated at $60 TBI folks within their family. This is Mr. DEAL of Georgia. Madam Speak- billion annually. serious business. They have to live er, I yield myself such time as I may The statistics involving brain injury with it as well. consume. are increasing even more now that re- The SPEAKER pro tempore. The gen- Madam Speaker, I rise to join my ports show that traumatic brain inju- tleman’s time has expired. colleague in support of S. 793, the Trau- ries account for 14 to 20 percent of the Ms. BALDWIN. I would yield the gen- matic Brain Injury Act of 2008. This casualties for those who survive com- tleman an additional 1 minute. legislation reauthorizes important bat in Iraq. As of 3 months ago, Madam Mr. PASCRELL. I thank the gentle- grant programs, which assist States, Speaker, 30,327 servicemembers have woman from Wisconsin.

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2044 CONGRESSIONAL RECORD — HOUSE April 8, 2008 Funds would be authorized for the cancer, HIV/AIDS, multiple sclerosis forts at the National Institutes of fiscal years 2009 to 2012. It authorizes and spinal injuries combined. Health, which are so important, and several new studies, including a study Additionally, TBIs can manifest also the Health Resources and Services from the CBC and NIH to not only de- themselves in various manners, from a Administration and the CDC. termine the incidence and prevalence small behavioral change to complete Reauthorizing this program will of traumatic brain injury, but to iden- physical disability and even death. strengthen the goal of understanding tify common therapeutic interventions Brain injuries affect the whole family and addressing TBI and strengthening and develop rehabilitation guidelines. emotionally and financially, often re- our capacity to treat it. This current It establishes a study in collaboration sulting in substantial medical and re- war has made us all too much familiar with the Departments of Defense and habilitation expenses. with the devastating effects of TBI and Veterans Affairs to identify the best The TBI Act of 1996 produced exten- the importance of coordinated inter- methods of coordinating prevalence sive research at the National Institutes ventions to treat it. The war in Iraq data in order to ensure that national of Health and Centers for Disease Con- and Afghanistan underscored the im- research takes into account the inci- trol and Prevention regarding the inci- portance of this legislation, but by no dence of brain injuries among our Na- dence, detection and diagnosis of TBI. means do these situations only arise in tion’s veterans and that current infor- The time has come to better use these times of war. mation about diagnostic tools and results and translate them into more We know that traumatic brain injury treatments are shared. extensive treatments. This is an impor- has been occurring all along with all Madam Speaker, only a strong com- tant part of what Senate bill 793 aims kinds of traumas, traumas to the head mitment from the folks here and on to do. and sometimes unsuspected injury that the other side of this building is going In addition to expanding the research can result from other traumas. And so to continue the incredible advances we of NIH and CDC, this legislation will we need to, for a variety of reasons, have made in the area of basic brain re- build on the support systems that pass this legislation and get this bill search with prevention, with detection States have already implemented to in- signed into law. and with early treatment, physical and crease the independence and produc- I want to acknowledge my friend and mental rehabilitation, long-term care tivity of individuals living with TBI. colleague Congressman BILL PASCRELL and patient advocacy. Soldiers returning from Iraq have and also Congressman PLATTS from I urge my colleagues to join with brought much-needed attention to the Pennsylvania. This leadership has many of us on both sides of the aisle. I variety of symptoms associated with brought us to this point. I know that again thank the gentleman from Penn- TBI. Thanks to the state-of-the-art our Health Subcommittee is pleased to sylvania, TODD PLATT, for his great body armor with which our men and be a part of this legislation. work. women overseas are equipped, these he- I urge, strongly, our colleagues on roic individuals are able to survive vio- both sides of the aisle to join in sup- b 1615 lent attacks while receiving blunt porting Senate bill 793. Mr. DEAL of Georgia. Madam Speak- force to the head. Studies have found Mr. DEAL of Georgia. Madam Speak- er, I am pleased to yield to one of the that over 60 percent of all soldiers er, I yield back the balance of my time real leaders who has kept this issue wounded in an explosion, vehicle acci- and urge adoption of the bill. moving through this Congress, TODD dents, gunshot wound to the head or Ms. BALDWIN. Madam Speaker, I PLATTS from Pennsylvania, and I yield neck sustain a traumatic brain injury. have no further requests for time and the gentleman 5 minutes. This legislation provides additional would also commend my colleagues to Mr. PLATTS. I thank the gentleman support for States to integrate vet- join me in support of this legislation. for yielding me the time. erans into community-based treat- Mr. EMANUEL. Madam Speaker, I rise Madam Speaker, I rise in strong sup- ments after these heroes return home today in support of S. 793, the Reauthorization port of Senate bill 793, which, as was from combat. of the Traumatic Brain Injury Act. S. 793 is the well delineated, reauthorizes this very This is a bill aimed at helping indi- Senate companion to H.R. 1418, a bill that I important legislation, the Traumatic viduals who, due to traumatic experi- cosponsored to amend the Public Health Serv- Brain Injury Act. ences, may never live their lives the ice Act to reauthorize and improve our efforts I am honored to join with Represent- same way again. Senate bill 793 builds to combat and treat traumatic brain injury, TBI, ative BILL PASCRELL in introducing the on current research and support sys- at the Federal and State levels. As a member House version of this legislation, which tems to help vulnerable individuals of the Congressional Brain Injury Task Force, expands support systems for individ- lead a more comfortable, productive this issue is near and dear to my heart, and uals who have sustained a traumatic and independent life. I am proud that we are debating this important brain injury. As the gentleman from I strongly urge my colleagues to sup- legislation today. New Jersey referenced, for the past 3 port this legislation, and, I, again, Of troops wounded in Iraq 62 percent have years, I have had the privilege of serv- commend my colleague from New Jer- sustained TBI, compared to a rate closer to 20 ing with him as cochair of the Congres- sey for his great leadership in advanc- percent in previous conflicts. Overall in the sional TBI Task Force. ing this cause. U.S., there are about 1.5 million civilian cases I am pleased to recognize my distin- Ms. BALDWIN. Madam Speaker, I am of traumatic brain injury each year. I have guished colleague from New Jersey for proud to yield 2 minutes to my col- worked hard to make researching and fighting his tremendous leadership and dedica- league on the Health Subcommittee, TBI a priority and, in particular, the relation- tion related to TBI research and treat- the gentlelady from California (Mrs. ship between TBI and epilepsy. ments over the course of many years. I CAPPS). Traumatic brain injury, TBI, causes epilepsy have been delighted to serve as cochair Mrs. CAPPS. I want to thank my col- in up to 30 percent of civilians and 50 percent for 3 years, but, long before that, the league for yielding to me. of military head injuries, greatly exacerbating gentleman from New Jersey has been Madam Speaker, I rise in strong sup- chronic neurological disability. TBI is particu- leading this effort and been a real port of Senate bill 793, the Traumatic larly problematic for soldiers currently serving champion of the importance of this Brain Injury Act of 2008. I want to com- or recently returned from Iraq and Afghani- work. I have been honored to work mend the leaders of the bill in the stan. with the gentleman from New Jersey House who have spoken already. This In 1996, members of Congress passed the to bring awareness to the unique issues version of the bill we are considering Traumatic Brain Injury Act, which amended that surround TBI, such as frequent today represents bipartisan and bi- the Public Health Service Act to increase re- misdiagnoses and barriers to adequate cameral consensus. sources available to research on traumatic and meaningful treatments. It would fund, as we have heard, im- brain injury. Today, we have the opportunity to Most Americans do not fully under- portant research, treatment, surveil- reauthorize and amend this act to include a stand the amount of devastation lance and educational activities re- broader spectrum of traumatic brain injury pro- caused by TBI each year. Most people lated to trauma and traumatic brain grams, especially those at the State level. do not realize that the incidence of TBI injury, commonly known now as TBI. An expansion and improvement of our trau- is greater than the incidence of breast The funding would support ongoing ef- matic brain injury programs will serve those in

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2045 this country who suffer from the condition, Madam Speaker, there continues to be an phylaxis. The policy would be provided to while providing opportunities for research and urgent need for expanded health care cov- schools within 1 year after enactment, and development of programs to better prevent erage and increased access to health care for schools could voluntarily implement the policy. and detect traumatic brain injuries. children, seniors and low-income individuals. The bill also authorizes HHS to award grants Madam Speaker, traumatic brain injuries af- Because of this need, I introduced H.R. 1688, to local school districts to help them in imple- fect families across America, and we must The All Healthy Children Act. The All Healthy menting the policy. continue to invest in programs to prevent, de- Children Act, endorsed by the Children’s De- The House amendment to the Traumatic tect, and treat these injuries. I encourage all of fense Fund, is a logical, smart and achievable Brain Injury Act authorizes the Centers for Dis- my colleagues to join me in voting in favor of incremental next step to close the child cov- ease Control, CDC, to provide State grants for this important legislation. erage gap and guarantees all children have patients with traumatic brain injury to enter Mr. VAN HOLLEN. Madam Speaker, I rise access to the health coverage that they need treatment and rehabilitation programs. The in strong support of the reauthorization of the to survive, thrive and learn. This proposal thousands of brain injury survivors who are re- Traumatic Brain Injury Act. would ensure that all children are covered by turning home from combat in Iraq and Afghan- Traumatic Brain Injury, TBI, is a leading expanding the coverage of both the Medicaid istan are joining the 5.3 million similarly af- cause of death and disability in young Ameri- and SCHIP programs while eliminating proce- flicted Americans here at home. Indeed, TBI is cans. Approximately 1.4 million people sustain dural red tape that currently prevents many the leading cause of death and disability a TBI each year in the United States. The children from being covered under either pro- among young Americans. The legislation most common causes of TBI are falls, traffic gram. This comprehensive program would in- would require the CDC to monitor brain injury accidents, and assault. These brain injuries re- clude all basic health care and preventive test- incidents and create a reporting system to sult in short-term or long-term disabilities and ing as well as coverage for mental health and track the condition. It also directs CDC to can severely impact how people live their prenatal care. study treatment techniques and NIH to con- lives. The bills that we will vote on today will also duct basic research to improve treatment. Congress took an important step in 1996 by help to provide our medical community the Madam Speaker, action on these critical passing the Traumatic Brain Injury Act to pro- tools necessary to improve lives through pre- issues is imperative to meet the pressing mote brain injury research, education, treat- vention, research and treatment of disease. health care concerns of our Nation. I urge my ment, and prevention. It is the only Federal For example: colleagues to support these bills. law that specifically addresses the issues The Early Hearing Detection and Interven- Ms. BALDWIN. I yield back the bal- faced by persons with brain injury. This law tion program is a critical CDC program in- ance of my time. has successfully improved access to health tended to identify and help infants with hearing The SPEAKER pro tempore. The care and other services for individuals with loss. This bill reauthorizes funding and ex- question is on the motion offered by TBI. Without the TBI Act, State governments pands the program to provide screening and the gentlewoman from Wisconsin (Ms. and these individuals would be left to their intervention services for young children. We BALDWIN) that the House suspend the own devices. know that the earlier hearing problems are rules and pass the Senate bill, S. 793, as More recently, we have seen an increasing identified, the more effective the medical serv- amended. number of traumatic brain injuries in ices can be. The question was taken. servicemembers returning home from combat The Wakefield Act is designed to improve The SPEAKER pro tempore. In the operations. The programs in the TBI Act can emergency medical services for children need- opinion of the Chair, two-thirds being help the thousands of troops wounded in com- ing trauma or critical care. in the affirmative, the ayes have it. bat and suffering from brain injury. We have The Newborn Screening Saves Lives Act Ms. BALDWIN. Madam Speaker, on an obligation to assist these soldiers, and I am educates parents and health care providers that I demand the yeas and nays. proud that Congress has provided funding in about newborn health screening, improves fol- The yeas and nays were ordered. the recent appropriations bill to address TBI in low-up care for infants with an illness detected The SPEAKER pro tempore. Pursu- returning personnel. through newborn screening, and helps States ant to clause 8 of rule XX and the The reauthorization of the Traumatic Brain expand and improve their newborn screening Chair’s prior announcement, further Injury Act builds on the success of the original programs. Many diseases and conditions proceedings on this motion will be 1996 law by continuing to educate the public which can be cured when detected early can postponed. and provide much needed data on TBI for sci- lead to permanent disabilities if not detected in f entists, health care providers, and policy mak- time. RECESS ers. I urge my colleagues to support this legis- The Cytology Proficiency Improvement Act lation. is designed to improve the analysis of tests for The SPEAKER pro tempore. Pursu- Mr. SCOTT of Virginia. Madam Speaker, I cervical cancer by ensuring that health care ant to clause 12(a) of rule I, the Chair rise today in support of National Public Health professionals who read tests for cervical can- declares the House in recess until ap- Week and the health bills that the House will cer are skilled in today’s medical technology. proximately 6:30 p.m. today. debate today. It is important that we recognize It modernizes the cervical cancer testing pro- Accordingly (at 4 o’clock and 22 min- and build on quality public health programs gram by requiring continuing medical edu- utes p.m.), the House stood in recess that affect every aspect of our lives—from ef- cation for pathologists to assess their diag- until approximately 6:30 p.m. fective childhood vaccination programs, to nostic skills and ensure they keep up with the f early screening programs for diseases, to en- latest practices. b 1833 suring that Americans have access to critical The Keeping Seniors Safe from Falls Act treatment programs. launches a comprehensive preventative care AFTER RECESS Access to quality, affordable health care is program to reduce the number and severity of The recess having expired, the House critical to the well-being of our country, today falls by the elderly. It directs HHS to imple- was called to order by the Speaker pro and in the future. With 46 million uninsured— ment directives to reduce falls, including im- tempore (Mr. CUMMINGS) at 6 o’clock 9 million of whom are children—we need to proving the identification of seniors who have and 33 minutes p.m. focus on strengthening the Medicare system, a high risk of falling; supporting education f providing increased access to quality health campaigns focused on reducing and pre- care programs and ensuring that our low-in- venting falls and on educating health profes- REPORT ON RESOLUTION PRO- come children and families have health insur- sionals about fall risk, assessment and pre- VIDING FOR CONSIDERATION OF ance. vention; and conducting research to reduce H.R. 2537, BEACH PROTECTION During my tenure in the Virginia General As- falls. ACT OF 2007 sembly, I introduced a number of bills that fo- The Food Allergy and Anaphylaxis Manage- Ms. SLAUGHTER, from the Com- cused on child and maternal health, preventive ment Act will help schools deal with food aller- mittee on Rules, submitted a privi- screenings for hearing and immunizations for gies among their student population by requir- leged report (Rept. No. 110–572) on the children against certain diseases. The need ing the Department of Health and Human resolution (H. Res. 1083) providing for for these services was vital to the health of the Services, in consultation with the Department consideration of the bill (H.R. 2537) to citizens not only of the Commonwealth of Vir- of Education, to develop a policy for schools amend the Federal Water Pollution ginia, but also to our Nation as a whole and on appropriate management and emergency Control Act relating to beach moni- continues to help our most vulnerable today. plans for children with food allergies and ana- toring, and for other purposes, which

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2046 CONGRESSIONAL RECORD — HOUSE April 8, 2008 was referred to the House Calendar and Cole (OK) Jackson-Lee Olver Van Hollen Waters Whitfield (KY) Conaway (TX) Ortiz Vela´ zquez Watson Wilson (OH) ordered to be printed. Conyers Jefferson Pallone Visclosky Watt Wilson (SC) f Cooper Johnson, E. B. Pascrell Walberg Waxman Wittman (VA) Costa Johnson, Sam Pastor Walden (OR) Weiner Wolf REPORT ON RESOLUTION PRO- Costello Jones (NC) Paul Walsh (NY) Welch (VT) Wu Courtney Jones (OH) Pearce Walz (MN) Weldon (FL) Wynn VIDING FOR CONSIDERATION OF Cramer Jordan Pence Wamp Weller Yarmuth H.R. 2016, NATIONAL LANDSCAPE Crowley Kagen Perlmutter Wasserman Westmoreland Young (AK) CONSERVATION SYSTEM ACT Cuellar Kanjorski Peterson (MN) Schultz Wexler Young (FL) Culberson Kaptur Petri NOT VOTING—37 Ms. SLAUGHTER, from the Com- Cummings Keller Pickering mittee on Rules, submitted a privi- Davis (AL) Kennedy Pitts Abercrombie Ferguson Payne leged report (Rept. No. 110–573) on the Davis (CA) Kildee Platts Boucher Flake Peterson (PA) Davis (IL) Kilpatrick Poe Braley (IA) Gonzalez Pryce (OH) resolution (H. Res. 1084) providing for Davis (KY) Kind Pomeroy Brown, Corrine Gordon Rodriguez consideration of the bill (H.R. 2016) to Davis, David King (IA) Porter Buyer Granger Rohrabacher establish the National Landscape Con- Davis, Lincoln King (NY) Price (GA) Carnahan Hall (NY) Rothman Crenshaw Heller servation System, and for other pur- Davis, Tom Kingston Price (NC) Rush Deal (GA) Kirk Putnam Cubin Johnson (GA) Sires Diaz-Balart, L. Johnson (IL) poses, which was referred to the House DeFazio Klein (FL) Radanovich Udall (CO) Diaz-Balart, M. Langevin Calendar and ordered to be printed. DeGette Kline (MN) Rahall Wilson (NM) Emerson Markey Delahunt Knollenberg Ramstad Woolsey f DeLauro Kucinich Rangel Engel McDermott Dent Kuhl (NY) Regula Feeney Mollohan ANNOUNCEMENT BY THE SPEAKER Dicks LaHood Rehberg 1859 PRO TEMPORE Dingell Lamborn Reichert b Doggett Lampson Renzi Mr. MCCRERY changed his vote from The SPEAKER pro tempore. Pursu- Donnelly Larsen (WA) Reyes ‘‘nay’’ to ‘‘yea.’’ ant to clause 8 of rule XX, proceedings Doolittle Larson (CT) Reynolds Doyle Latham Richardson So (two-thirds being in the affirma- will resume on motions to suspend the Drake LaTourette Rogers (AL) tive) the rules were suspended and the rules previously postponed. Dreier Latta Rogers (KY) joint resolution, as amended, was Votes will be taken in the following Duncan Lee Rogers (MI) passed. order: Edwards Levin Ros-Lehtinen Ehlers Lewis (CA) Roskam The result of the vote was announced H.J. Res. 70, by the yeas and nays; Ellison Lewis (GA) Ross as above recorded. H.R. 2464, by the yeas and nays; Ellsworth Lewis (KY) Roybal-Allard A motion to reconsider was laid on S. 793, by the yeas and nays. Emanuel Linder Royce the table. The first electronic vote will be con- English (PA) Lipinski Ruppersberger Eshoo LoBiondo Ryan (OH) Stated for: ducted as a 15-minute vote. Remaining Etheridge Loebsack Ryan (WI) Mr. JOHNSON of Illinois. Madam Speaker, electronic votes will be conducted as 5- Everett Lofgren, Zoe Salazar minute votes. Fallin Lowey Sali on rollcall No. 161, I was unavoidably detained Farr Lucas Sa´ nchez, Linda due to a delay in U.S. Airways flight number f Fattah Lungren, Daniel T. 3088. Had I been present, I would have voted Filner E. Sanchez, Loretta ‘‘yea.’’ CONGRATULATING THE ARMY Forbes Lynch Sarbanes RESERVE ON ITS CENTENNIAL Fortenberry Mack Saxton f Fossella Mahoney (FL) Schakowsky The SPEAKER pro tempore. The un- Foster Maloney (NY) Schiff WAKEFIELD ACT finished business is the vote on the mo- Foxx Manzullo Schmidt Frank (MA) Marchant Schwartz The SPEAKER pro tempore (Ms. tion to suspend the rules and pass the Franks (AZ) Marshall Scott (GA) RICHARDSON). The unfinished business joint resolution, H.J. Res. 70, as Frelinghuysen Matheson Scott (VA) is the vote on the motion to suspend amended, on which the yeas and nays Gallegly Matsui Sensenbrenner Garrett (NJ) McCarthy (CA) Serrano the rules and pass the bill, H.R. 2464, as were ordered. Gerlach McCarthy (NY) Sessions amended, on which the yeas and nays The Clerk read the title of the joint Giffords McCaul (TX) Sestak were ordered. resolution. Gilchrest McCollum (MN) Shadegg The Clerk read the title of the bill. The SPEAKER pro tempore. The Gillibrand McCotter Shays Gingrey McCrery Shea-Porter The SPEAKER pro tempore. The question is on the motion offered by Gohmert McGovern Sherman question is on the motion offered by the gentlewoman from Guam (Ms. Goode McHenry Shimkus the gentlewoman from California (Mrs. BORDALLO) that the House suspend the Goodlatte McHugh Shuler Graves McIntyre Shuster CAPPS) that the House suspend the rules and pass the joint resolution, H.J. Green, Al McKeon Simpson rules and pass the bill, H.R. 2464, as Res. 70, as amended. Green, Gene McMorris Skelton amended. The vote was taken by electronic de- Grijalva Rodgers Slaughter This is a 5-minute vote. vice, and there were—yeas 393, nays 0, Gutierrez McNerney Smith (NE) Hall (TX) McNulty Smith (NJ) The vote was taken by electronic de- not voting 37, as follows: Hare Meek (FL) Smith (TX) vice, and there were—yeas 390, nays 1, [Roll No. 161] Harman Meeks (NY) Smith (WA) not voting 39, as follows: Hastings (FL) Melancon Snyder YEAS—393 Hastings (WA) Mica Solis [Roll No. 162] Ackerman Bilirakis Burton (IN) Hayes Michaud Souder YEAS—390 Aderholt Bishop (GA) Butterfield Hensarling Miller (FL) Space Akin Bishop (NY) Calvert Herger Miller (MI) Spratt Ackerman Bilbray Brown-Waite, Alexander Bishop (UT) Camp (MI) Herseth Sandlin Miller (NC) Stark Aderholt Bilirakis Ginny Allen Blackburn Campbell (CA) Higgins Miller, Gary Stearns Akin Bishop (GA) Buchanan Altmire Blumenauer Cannon Hill Miller, George Stupak Alexander Bishop (NY) Burgess Andrews Blunt Cantor Hinchey Mitchell Sullivan Allen Bishop (UT) Burton (IN) Arcuri Boehner Capito Hinojosa Moore (KS) Sutton Altmire Blackburn Butterfield Baca Bonner Capps Hirono Moore (WI) Tancredo Andrews Blumenauer Calvert Bachmann Bono Mack Capuano Hobson Moran (KS) Tanner Arcuri Blunt Camp (MI) Baca Campbell (CA) Bachus Boozman Cardoza Hodes Moran (VA) Tauscher Boehner Bachmann Cannon Baird Boren Carney Hoekstra Murphy (CT) Taylor Bonner Bachus Cantor Baldwin Boswell Carson Holden Murphy, Patrick Terry Bono Mack Baird Capito Barrett (SC) Boustany Carter Holt Murphy, Tim Thompson (CA) Boozman Barrow Boyd (FL) Castle Honda Murtha Thompson (MS) Baldwin Capps Barrett (SC) Boren Capuano Bartlett (MD) Boyda (KS) Castor Hooley Musgrave Thornberry Boswell Barton (TX) Brady (PA) Chabot Hoyer Myrick Tiahrt Barrow Cardoza Boustany Bean Brady (TX) Chandler Hulshof Nadler Tiberi Bartlett (MD) Carnahan Boyd (FL) Becerra Broun (GA) Clarke Hunter Napolitano Tierney Barton (TX) Carney Boyda (KS) Berkley Brown (SC) Clay Inglis (SC) Neal (MA) Towns Bean Carson Berman Brown-Waite, Cleaver Inslee Neugebauer Tsongas Becerra Brady (PA) Carter Berry Ginny Clyburn Israel Nunes Turner Berkley Brady (TX) Castle Biggert Buchanan Coble Issa Oberstar Udall (NM) Berry Broun (GA) Castor Bilbray Burgess Cohen Jackson (IL) Obey Upton Biggert Brown (SC) Chabot

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2047 Chandler Hulshof Napolitano Tsongas Wasserman Whitfield (KY) Castle Holt Murphy, Tim Clarke Hunter Neal (MA) Turner Schultz Wilson (OH) Castor Honda Murtha Clay Inglis (SC) Neugebauer Udall (NM) Waters Wilson (SC) Chabot Hooley Musgrave Cleaver Inslee Nunes Upton Watson Wittman (VA) Chandler Hoyer Myrick Clyburn Israel Oberstar Van Hollen Watt Wolf Clarke Hulshof Nadler Coble Issa Obey Vela´ zquez Waxman Wu Clay Hunter Napolitano Cohen Jackson (IL) Olver Visclosky Weiner Wynn Cleaver Inglis (SC) Neal (MA) Cole (OK) Jackson-Lee Ortiz Walberg Welch (VT) Yarmuth Clyburn Inslee Neugebauer Walden (OR) Weldon (FL) Coble Israel Nunes Conaway (TX) Pallone Young (AK) Walsh (NY) Weller Cohen Issa Oberstar Conyers Jefferson Pascrell Young (FL) Cooper Johnson (IL) Pastor Walz (MN) Westmoreland Cole (OK) Jackson (IL) Obey Costa Johnson, E. B. Pearce Wamp Wexler Conaway Jackson-Lee Olver Johnson, Sam Conyers (TX) Ortiz Costello Pence NAYS—1 Courtney Jones (NC) Perlmutter Cooper Jefferson Pallone Cramer Jones (OH) Peterson (MN) Paul Costa Johnson (IL) Pascrell Crowley Jordan Petri Costello Johnson, E. B. Pastor Cuellar Kagen Pickering NOT VOTING—39 Courtney Johnson, Sam Pearce Culberson Kanjorski Pitts Abercrombie Ferguson Murphy, Tim Cramer Jones (NC) Pence Cummings Kaptur Platts Berman Flake Payne Crowley Jones (OH) Perlmutter Davis (AL) Keller Poe Boucher Gonzalez Peterson (PA) Cuellar Jordan Peterson (MN) Davis (CA) Kennedy Pomeroy Braley (IA) Gordon Pryce (OH) Culberson Kagen Petri Davis (IL) Kildee Porter Brown, Corrine Granger Rohrabacher Cummings Kanjorski Pickering Davis (KY) Kilpatrick Price (GA) Buyer Hall (NY) Rothman Davis (AL) Kaptur Pitts Davis, David Kind Price (NC) Crenshaw Heller Rush Davis (CA) Keller Platts Davis, Lincoln King (IA) Putnam Cubin Johnson (GA) Schwartz Davis (IL) Kennedy Poe Davis, Tom King (NY) Radanovich Diaz-Balart, L. Langevin Sires Davis (KY) Kildee Pomeroy Deal (GA) Kingston Rahall Diaz-Balart, M. Markey Sullivan Davis, David Kilpatrick Porter DeFazio Kirk Ramstad Emerson McDermott Udall (CO) Davis, Lincoln Kind Price (GA) DeGette Klein (FL) Rangel Engel Miller, George Wilson (NM) Davis, Tom King (IA) Price (NC) Delahunt Kline (MN) Regula Feeney Mollohan Woolsey Deal (GA) King (NY) Putnam DeLauro Knollenberg Rehberg DeFazio Kingston Rahall ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE DeGette Kirk Ramstad Dent Kucinich Reichert Delahunt Klein (FL) Rangel Dicks Kuhl (NY) Renzi The SPEAKER pro tempore (during DeLauro Kline (MN) Regula Dingell LaHood Reyes the vote). There are 2 minutes left in Dent Knollenberg Rehberg Doggett Lamborn Reynolds this vote. Dicks Kucinich Reichert Donnelly Lampson Richardson Dingell Kuhl (NY) Reyes Doolittle Larsen (WA) Rodriguez Doggett LaHood Reynolds Doyle Larson (CT) Rogers (AL) b 1907 Donnelly Lamborn Richardson Drake Latham Rogers (KY) So (two-thirds being in the affirma- Doolittle Lampson Rodriguez Dreier LaTourette Rogers (MI) Doyle Larsen (WA) Rogers (AL) Duncan Latta Ros-Lehtinen tive) the rules were suspended and the Drake Larson (CT) Rogers (KY) Lee bill, as amended, was passed. Edwards Roskam Dreier Latham Rogers (MI) Ehlers Levin Ross The result of the vote was announced Duncan LaTourette Ros-Lehtinen Ellison Lewis (CA) Roybal-Allard as above recorded. Edwards Latta Roskam Ellsworth Lewis (GA) Royce A motion to reconsider was laid on Ehlers Lee Ross Emanuel Lewis (KY) Ruppersberger Ellison Levin Roybal-Allard English (PA) Linder Ryan (OH) the table. Ellsworth Lewis (CA) Royce Eshoo Lipinski Ryan (WI) Emanuel Lewis (GA) Ruppersberger Etheridge LoBiondo Salazar f English (PA) Lewis (KY) Ryan (OH) Everett Loebsack Sali Eshoo Linder Ryan (WI) Fallin Lofgren, Zoe Sa´ nchez, Linda TRAUMATIC BRAIN INJURY ACT Etheridge Lipinski Salazar Farr Lowey T. OF 2008 Everett LoBiondo Sa´ nchez, Linda Fattah Lucas Sanchez, Loretta Fallin Loebsack T. Filner Lungren, Daniel Sarbanes The SPEAKER pro tempore. The un- Farr Lofgren, Zoe Sanchez, Loretta Forbes E. Saxton finished business is the vote on the mo- Fattah Lowey Sarbanes Fortenberry Lynch Schakowsky tion to suspend the rules and pass the Filner Lucas Saxton Fossella Mack Schiff Forbes Lungren, Daniel Schakowsky Foster Mahoney (FL) Schmidt Senate bill, S. 793, as amended, on Fortenberry E. Schiff Foxx Maloney (NY) Scott (GA) which the yeas and nays were ordered. Fossella Lynch Schmidt Frank (MA) Manzullo Scott (VA) The Clerk read the title of the Senate Foster Mack Schwartz Franks (AZ) Marchant Sensenbrenner Foxx Mahoney (FL) Scott (GA) Frelinghuysen Marshall Serrano bill. Frank (MA) Maloney (NY) Scott (VA) Gallegly Matheson Sessions The SPEAKER pro tempore. The Franks (AZ) Manzullo Sensenbrenner Garrett (NJ) Matsui Sestak question is on the motion offered by Frelinghuysen Marchant Serrano Gerlach McCarthy (CA) Shadegg the gentlewoman from Wisconsin (Ms. Gallegly Marshall Sessions Giffords McCarthy (NY) Shays Garrett (NJ) Matheson Sestak Gilchrest McCaul (TX) Shea-Porter BALDWIN) that the House suspend the Gerlach Matsui Shadegg Gillibrand McCollum (MN) Sherman rules and pass the Senate bill, S. 793, as Giffords McCarthy (CA) Shays Gingrey McCotter Shimkus amended. Gilchrest McCarthy (NY) Shea-Porter Gohmert McCrery Shuler Gillibrand McCaul (TX) Sherman Goode McGovern Shuster This is a 5-minute vote. Gingrey McCollum (MN) Shimkus Goodlatte McHenry Simpson The vote was taken by electronic de- Gohmert McCotter Shuler Graves McHugh Skelton vice, and there were—yeas 392, nays 1, Goode McCrery Shuster Green, Al McIntyre Slaughter not voting 37, as follows: Goodlatte McGovern Simpson Green, Gene McKeon Smith (NE) Graves McHenry Skelton Grijalva McMorris Smith (NJ) [Roll No. 163] Green, Al McHugh Slaughter Gutierrez Rodgers Smith (TX) YEAS—392 Green, Gene McKeon Smith (NE) Hall (TX) McNerney Smith (WA) Grijalva McMorris Smith (NJ) Hare McNulty Snyder Ackerman Berry Broun (GA) Gutierrez Rodgers Smith (TX) Harman Meek (FL) Solis Aderholt Biggert Brown (SC) Hall (TX) McNerney Smith (WA) Hastings (FL) Meeks (NY) Souder Akin Bilbray Brown-Waite, Hare McNulty Snyder Hastings (WA) Melancon Space Alexander Bilirakis Ginny Harman Meek (FL) Solis Hayes Mica Spratt Allen Bishop (GA) Buchanan Hastings (FL) Meeks (NY) Souder Hensarling Michaud Stark Altmire Bishop (NY) Burgess Hastings (WA) Melancon Space Herger Miller (FL) Stearns Andrews Bishop (UT) Burton (IN) Hayes Mica Spratt Herseth Sandlin Miller (MI) Stupak Arcuri Blackburn Butterfield Heller Michaud Stark Higgins Miller (NC) Sutton Baca Blumenauer Calvert Hensarling Miller (FL) Stearns Hill Miller, Gary Tancredo Bachmann Blunt Camp (MI) Herger Miller (MI) Stupak Hinchey Mitchell Tanner Bachus Boehner Campbell (CA) Herseth Sandlin Miller (NC) Sullivan Hinojosa Moore (KS) Tauscher Baird Bonner Cannon Higgins Miller, Gary Sutton Hirono Moore (WI) Taylor Baldwin Bono Mack Cantor Hill Miller, George Tancredo Hobson Moran (KS) Terry Barrett (SC) Boozman Capito Hinchey Mitchell Tanner Hodes Moran (VA) Thompson (CA) Barrow Boren Capps Hinojosa Moore (KS) Tauscher Hoekstra Murphy (CT) Thompson (MS) Bartlett (MD) Boswell Capuano Hirono Moore (WI) Taylor Holden Murphy, Patrick Thornberry Barton (TX) Boustany Cardoza Hobson Moran (KS) Terry Holt Murtha Tiahrt Bean Boyd (FL) Carnahan Hodes Moran (VA) Thompson (CA) Honda Musgrave Tiberi Becerra Boyda (KS) Carney Hoekstra Murphy (CT) Thompson (MS) Hooley Myrick Tierney Berkley Brady (PA) Carson Holden Murphy, Patrick Thornberry Hoyer Nadler Towns Berman Brady (TX) Carter

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2048 CONGRESSIONAL RECORD — HOUSE April 8, 2008 Tiahrt Walsh (NY) Westmoreland Whereas Tibetan Buddhist monks and nuns Tibetans and incite ethnic nationalism is ex- Tiberi Walz (MN) Wexler in and around Lhasa were blocked by Chi- acerbating ethnic tensions and is counter- Tierney Wamp Whitfield (KY) nese authorities from staging peaceful dem- productive to resolving the situation; Towns Wasserman Wilson (OH) onstrations on this anniversary date and Tsongas Schultz Whereas the United States Department of Wilson (SC) were met with excessive force by the Chinese State included the People’s Republic of Turner Waters Wittman (VA) authorities; China among the group of countries de- Udall (NM) Watson Wolf Whereas protests by Tibetans spread inside Upton Watt Wu scribed as ‘‘the most systematic violators of Van Hollen Waxman Wynn the Tibet Autonomous Region and other Ti- human rights’’ in the introduction of the 2006 Vela´ zquez Weiner Yarmuth betan areas of China; Country Reports on Human Rights Practices Visclosky Welch (VT) Young (AK) Whereas the accumulated grievances of al- and in previous Human Rights Reports, but Walberg Weldon (FL) most six decades of cultural, religious, eco- Walden (OR) Weller Young (FL) did not do so in the 2007 Human Rights Re- nomic, and linguistic repression of the Ti- port, despite no evidence of significant im- NAYS—1 betan people by the Government of the Peo- provements in the human rights situation in Paul ple’s Republic of China has resulted in China in the past year; and resentments which are at the root of the Ti- Whereas it is the policy of the United NOT VOTING—37 betan protests; States ‘‘to support the aspirations of the Ti- Abercrombie Flake Pryce (OH) Whereas resentment of the Chinese Gov- betan people to safeguard their distinct iden- Boucher Gonzalez Radanovich ernment by the Tibetan people has increased tity’’ and ‘‘to support economic develop- Braley (IA) Gordon Renzi sharply since 2005 as a result of Chinese poli- ment, cultural preservation, health care, and Brown, Corrine Granger Rohrabacher cies, laws, and regulations that have reduced education and environmental sustainability Buyer Hall (NY) Rothman economic opportunity for Tibetans and se- for Tibetans inside Tibet’’, in accordance Crenshaw Johnson (GA) Rush Cubin Langevin verely eroded the ability of Tibetans to pre- with the Tibetan Policy Act of 2002 (22 U.S.C. Sali serve their distinctive language, culture, and Diaz-Balart, L. Markey Sires 6901 note): Now, therefore, be it Diaz-Balart, M. McDermott religious identity; Udall (CO) Resolved, That the United States House of Emerson McIntyre Whereas the response by the Chinese Gov- Wilson (NM) Representatives— Engel Mollohan Woolsey ernment to the Tibetan protests was dis- (1) calls on the Government of the People’s Feeney Payne proportionate and extreme, reportedly re- Ferguson Peterson (PA) Republic of China to end its crackdown on sulting in the deaths of hundreds and the de- nonviolent Tibetan protestors and its con- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tention of thousands of Tibetans; tinuing cultural, religious, economic, and The SPEAKER pro tempore (during Whereas there have been reports that some linguistic repression inside Tibet; the vote). There are 2 minutes remain- Tibetans engaged in rioting that may have (2) calls on the Chinese Government to resulted in the destruction of government begin a results-based dialogue, without pre- ing. and private property, as well as the deaths of conditions, directly with His Holiness the civilians; b 1917 Dalai Lama to address the legitimate griev- Whereas His Holiness the Dalai Lama has ances of the Tibetan people and provide for a So (two-thirds being in the affirma- used his leadership to promote democracy, long-term solution that respects the human tive) the rules were suspended and the freedom, and peace for the Tibetan people rights and dignity of every Tibetan; Senate bill, as amended, was passed. through a negotiated settlement of the Tibet (3) calls on the Chinese Government to The result of the vote was announced issue, based on autonomy within the context allow independent international monitors of China; as above recorded. and journalists, free and unfettered access to Whereas six rounds of dialogue between A motion to reconsider was laid on the Tibet Autonomous Region and all other the table. representatives of the Dalai Lama and Chi- nese officials have not resulted in meaning- Tibetan areas of China for the purpose of f ful progress; monitoring and documenting events sur- Whereas the Chinese Government has rounding the Tibetan protests and to verify ANNOUNCEMENT BY THE SPEAKER that individuals injured receive adequate PRO TEMPORE rebuffed calls by the President of the United States, the United States Congress, and medical care; The SPEAKER pro tempore. Pursu- world leaders to respond positively to the (4) calls on the Chinese Government to im- ant to clause 8 of rule XX, the Chair Dalai Lama’s willingness to be personally in- mediately release all Tibetans who are im- will postpone further proceedings volved in discussions with Chinese leaders on prisoned for nonviolently expressing opposi- the future of Tibet; tion to Chinese Government policies in today on the motion to suspend the Tibet; rules on which a recorded vote or the Whereas the Chinese Government has deni- grated the Dalai Lama, labeling him as ‘‘a (5) calls on the United States Department yeas and nays are ordered, or on which splittist’’ and ‘‘a wolf in monk’s robes’’, of State to publicly issue a statement recon- the vote is objected to under clause 6 of thereby further alienating Tibetans who con- sidering its decision not to include the Peo- rule XX. sider the Dalai Lama their spiritual leader; ple’s Republic of China among the group of Any record vote on the postponed Whereas the Dalai Lama was recognized countries described as ‘‘the world’s most sys- question will be taken tomorrow. for his contribution to world peace when he tematic human rights violators’’ in the in- received the Nobel Peace Prize in 1989; troduction of the 2007 Country Reports on f Whereas the United States Congress, in Human Rights Practices; and CALLING ON THE GOVERNMENT recognition of the Dalai Lama’s outstanding (6) calls on the United States Department OF CHINA TO END ITS CRACK- moral and religious leadership and his advo- of State to fully implement the Tibetan Pol- DOWN IN TIBET cacy of nonviolence, awarded him with the icy Act of 2002 (22 U.S.C. 6901 note), including Congressional Gold Medal on October 17, the stipulation that the Secretary of State Mr. BERMAN. Madam Speaker, I 2007; ‘‘seek to establish an office in Lhasa, Tibet move to suspend the rules and agree to Whereas the Chinese Government has to monitor political, economic and cultural the resolution (H. Res. 1077) calling on failed to honor its commitment to improve developments in Tibet’’, and also to provide the Government of the People’s Repub- the human rights situation in China as a consular protection and citizen services in lic of China to end its crackdown in condition for Beijing being selected as the emergencies, and further urges that the site for the 2008 Summer Olympic Games; agreement to permit China to open further Tibet and enter into a substantive dia- diplomatic missions in the United States logue with His Holiness the Dalai Whereas the Chinese Government has im- peded the access of international journalists should be contingent upon the establishment Lama to find a negotiated solution to Tibetan areas of China and distorted re- of a United States Government office in that respects the distinctive language, ports of events surrounding the Tibetan pro- Lhasa. culture, religious identity, and funda- tests, thereby violating the commitment it The SPEAKER pro tempore. Pursu- mental freedoms of all Tibetans, and made that ‘‘there will be no restrictions on ant to the rule, the gentleman from media reporting and movement of journal- for other purposes. California (Mr. BERMAN) and the gen- ists up to and including the Olympic The Clerk read the title of the resolu- tlewoman from Florida (Ms. ROS- tion. Games’’; Whereas for many years, the Chinese Gov- LEHTINEN) each will control 20 minutes. The text of the resolution is as fol- The Chair recognizes the gentleman lows: ernment has restricted the ability of foreign journalists and foreign government officials, from California. H. RES. 1077 including United States Government offi- GENERAL LEAVE Whereas March 10, 2008, marked the 49th cials, to freely travel in Tibetan areas of anniversary of a historic uprising against China, thereby curtailing access to informa- Mr. BERMAN. Madam Speaker, I ask Chinese rule over the Tibetan people, which tion on the situation in Tibetan areas; unanimous consent that all Members forced His Holiness, the 14th Dalai Lama, to Whereas the Chinese Government’s use of may have 5 legislative days to revise escape into exile in India; propaganda during the protests to demonize and extend their remarks and include

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2049 extraneous material on the resolution the situation in Tibetan areas in China jing responded with an iron fist. In im- under consideration. and ensure that those injured in the plementing a bloody crackdown, Bei- The SPEAKER pro tempore. Is there protest receive adequate medical treat- jing ignored its past pledge to the objection to the request of the gen- ment. International Olympic Committee to tleman from California? In addition, the resolution urges Bei- improve the human rights situation in There was no objection. jing to hold direct and results-based China prior to this summer’s Olympics. Mr. BERMAN. Madam Speaker, I rise discussions with the Dalai Lama in Chinese authorities even denied foreign in strong support of this resolution and order to come to a resolution of the Ti- diplomats and journalists all access to yield myself such time as I may con- betan issue, one that respects Chinese Tibet. sume. territorial integrity and sovereignty, With increasing numbers of Amer- Madam Speaker, I would first like to but at the same time provides genuine ican tourists traveling to Tibet every thank our Speaker, NANCY PELOSI, for religious and cultural autonomy for Ti- year, the United States has a legiti- introducing this important resolution. betans. mate interest in having diplomatic ac- Speaker PELOSI’s commitment to The resolution instructs the Depart- cess to Tibet for consular services. But human rights generally, and Tibetan ment of State to reconsider its decision there should be no further openings of human rights specifically, is deep, well not to include China among the coun- more Chinese consulates in the United established, and unwavering. tries with the worst human rights States until China stops its repression For two decades in Congress, from records in the Department’s 2007 of religious and ethnic minorities and her earlier stage as a junior Member to Human Rights Report. stops violating the fundamental human her current position as Speaker, she Madam Speaker, at this point, once rights of its own citizens. has used her powerful voice to speak on again, I would like to thank Speaker The crackdown continued until April behalf of the Tibetan people. The bipar- PELOSI for introducing this important 3, when Chinese troops fired into a tisan delegation that she recently led resolution, which I strongly support, peaceful crowd of demonstrators out- to Dharmsala to meet with the Dalai and ask my colleagues to do the same. side a Tibetan temple in southwest Lama and her authorship of this reso- Madam Speaker, I reserve the bal- China. The crowd had been protesting lution demonstrate her continuing ance of my time. the arrest of two monks who were dedication on the Tibetan issue. I am, Ms. ROS-LEHTINEN. Madam Speak- found in possession of photographs of and all of us in this body should be, er, I yield myself such time as I may the Dalai Lama. Eight were killed, in- grateful for her leadership. consume. cluding members of the Buddhist cler- China’s response to Tibetan protests Madam Speaker, I rise in strong and gy. over the last month has been tragically enthusiastic support of this resolution But the Chinese regime has not only predictable. For half a century, the Ti- which forcefully criticizes the current been responsible for shedding innocent betan people have struggled under the bloody crackdown that is taking place Tibetan blood, in Darfur, in Burma, in repressive policies of the Chinese au- in Tibet. This resolution also condemns North Korea, and inside China itself, thorities. And sadly, the current crack- Beijing’s almost six decades of suppres- bloody repression continues unabated. down is only the most recent example sion of the religious, linguistic, eco- b 1930 of Beijing’s mistreatment of Tibetans. nomic, and cultural rights of the peo- This lack of liberty will further di- As the world watched events unfold ple of Tibet. inside China, we were sickened not It was my great honor, Madam minish the light of the Olympic torch. only by the shock of seeing images of Speaker, to sponsor legislation which The progression of that torch from Chinese authorities beating Tibetans in resulted in the awarding of the Con- London and Paris to San Francisco has the street, but also by the realization gressional Gold Medal, the highest become a focal point for those who that these are images that we have honor that we can bestow in the United would raise their voices concerning the seen before, and fear we may see again. States Congress, to His Holiness, the immense human rights abuses of the It was this legacy of repression that Dalai Lama, last October. My late Chinese regime. What has begun in Tibet will not caused Tibetan monks to take to the friend and colleague from across the stay in Tibet. Already there are reports streets on March 10th to peacefully aisle, Congressman Tom Lantos, and I of unrest among the Uyghur minority protest Beijing’s ongoing denial of reli- worked together to ensure that His Ho- as well. Beijing’s continued repression gious, cultural, and human rights for liness received the official recognition and denial of human rights will become the Tibetan people. And sadly, it was that he so richly deserves. the chief focal point of international the same legacy that caused Beijing to The Dalai Lama, who is also a Nobel attention in the summer of the Beijing respond with excessive force and a Peace Prize recipient, has won the ad- Olympics. And, Madam Speaker, if the propaganda campaign designed to miration of all of us, not only for his present repression continues, the Bei- stoke Chinese nationalism by demoniz- spiritual guidance, but also for his jing games will indeed become the ing Tibetans and their spiritual leader, principled stand upholding the human ‘‘Genocide Olympics.’’ His Holiness, the Dalai Lama. rights of the captive people of Tibet. I urge all of my colleagues to join in If China wishes to be viewed by the Beijing’s cynical and crass campaign vigorous approval and support for this world as a truly responsible power, it to denigrate His Holiness both inside resolution. must put an immediate end to its and outside of Tibet has drawn the With that, Madam Speaker, I reserve shortsighted policies towards Tibet anger of both the Dalai Lama’s fol- the balance of my time, and I ask which are morally reprehensible, irre- lowers, as well as people of good will unanimous consent that my good sponsible and dangerous. throughout the globe. Beijing has friend the gentleman from New Jersey Beijing cannot credibly claim that is called His Holiness ‘‘a splittist’’ and ‘‘a (Mr. SMITH) be allowed to manage the seeks genuine reconciliation with the wolf in monk’s clothing.’’ The Chinese remainder of our time. Tibetan people when its policies force Embassy even recently sent out a com- The SPEAKER pro tempore. Is there Buddhist monks to denounce their alle- puter link to offices here on Capitol objection to the request of the gentle- giance to the Dalai Lama, deny edu- Hill ludicrously comparing His Holi- woman from Florida? cational and economic opportunities to ness to Nazis. There was no objection. Tibetans, and threaten Tibetan culture The people of Tibet can no longer si- Mr. BERMAN. Madam Speaker, I am by encouraging an overwhelming influx lently bear these continued insults di- very pleased to yield 2 minutes of time of Han Chinese migrants into Tibetan rected at their spiritual leader, a man to a member of the committee, the areas. This resolution not only con- respected as an advocate of peace, of gentlewoman from Texas (Ms. JACK- demns Beijing’s crackdown on Tibetan compassion, and good will. A boiling SON-LEE). protesters, it also urges China to begin point was reached on March 10th, the (Ms. JACKSON-LEE of Texas asked to move away from its policy of repres- anniversary of the 1959 uprising in and was given permission to revise and sion and incitement of ethnic tensions. Tibet and subsequent flight of the extend her remarks.) The resolution calls on Beijing to Dalai Lama into exile in India. When Ms. JACKSON-LEE of Texas. Let me allow international monitors to assess demonstrators broke out in Lhasa, Bei- thank the distinguished chairman and

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2050 CONGRESSIONAL RECORD — HOUSE April 8, 2008 as well the ranking member of the full Chinese government regarding Tibetan dis- Republic of China. For his efforts on behalf of committee, to the Speaker of the sent. As we approach the 2008 Olympics that humanity, the Dalai Lama was awarded the House for her continued leadership. will be held in China, it is imperative that we Nobel Peace Prize in 1989. Most recently in And I am always reminded of the late look into the reports of violations of basic 2006, I lent my support to S. Res. 2784, Chairman Tom Lantos and his commit- human rights by the Chinese government. awarding the Congressional Gold Medal, the ment to the people of Tibet. On March 4th, Tibetan monks began peace- highest expression of national appreciation for Madam Speaker, I’ve had the honor ful protests in the Tibetan capitol, Lhasa, exceptional service, to the Dalai Lama, Tenzin and privilege of being with the people which escalated into violence resulting in a Gyatso. I appreciate his efforts to promote of Tibet in their temples, listening to staunch crackdown by the Chinese govern- peace and non-violence throughout the globe, their plea, walking alongside of them, ment, the effects of which have yet to be seen and his efforts to find democratic reconciliation admiring and respecting their tenacity, as international media has been strictly re- for the Tibetan people through his ‘‘Middle determination, and their love of free- stricted in the area. What began as a peaceful Way’’ approach. I am grateful for the extensive dom and peace. As well, the Dalai protest for religious freedom and autonomy work that the Dalai Lama has done for his Lama has visited not only this commu- has resulted in Beijing admittedly sending country and on behalf of humanity. nity but also the State of Texas, and thousands of paramilitary troops and police to Congress has taken a particular interest in we have had the pleasure of seeing him the region in order to maintain ‘‘peace and the affairs of Tibet. Beginning in 1987, Con- be a guiding force for peace. stability.’’ gress passed non-binding measures declaring It is time now for this resolution and March 14, 2008 marked the 49th anniver- that the United States should make Tibet’s sit- the call that it makes for the People’s sary of the Tibetan people’s historic uprising uation a higher policy priority and urged China Republic to shine the light on Tibet against the Chinese government that forced to establish a constructive dialogue with the and give them the rights of engage- His Holiness the Dalai Lama into exile in India, Dalai Lama. ment and discussion because what we where he still resides. When Tibetan Buddhist As a Member of Congress, I am interested are facing are accumulated grievances monks and nuns attempted to assemble in in the welfare and human rights affairs of the of almost six decades of cultural, reli- peaceful demonstration on this anniversary, Tibetan people and have previously proposed gious, economic, and linguistic repres- they were met with excessive force by Chi- an amendment to provide $2 million in the sion of the Tibetan people by the Gov- nese authorities. Last month’s riots in the Ti- Economic Support Fund for monitoring the ernment of the People’s Republic of betan capitol of Lhasa have once again drawn human rights situation in Tibet and for training China. It has resulted in these international interest to the plight of the Ti- and education of Tibetans in democracy activi- resentments, and it has resulted in this betan people in their struggle for autonomy ties and an additional $2 million in the Emer- oppression in the expression of the Ti- and religious freedom. The Chinese govern- gency Refugee and Migration Assistance Fund betan people. ment has reported that more than 1,000 peo- for the Tibetan refugee program. As this Olympic torch travels around ple have been captured or turned themselves Madam Speaker, I am a staunch advocate the world, you will see the people who in, in relation to their participation in said riots. for human rights and desire to see the plight are peace loving and loving human Last week, Amnesty International released a of the Tibetan people rectified. As such, I rights standing up. As it comes to my report stating that despite claims that hosting strongly support H. Res. 1077 and call upon city, as it goes to other cities, there the Olympics will lead to Chinese observance my colleagues to join me in supporting this im- will be those of us who stand against of international human rights law, the ap- portant legislation. it. In fact, we have called upon the Chi- proach of this historic event has actually lead Mr. SMITH of New Jersey. Madam nese Ambassador to wake up and to to a crackdown of dissent on the part of the Speaker, I yield 3 minutes to the gen- recognize that the world is crying out Chinese government. Just one day after the tleman from Wisconsin (Mr. SENSEN- for justice for the Tibetan people. release of Amnesty International’s report, Hu BRENNER), the coauthor of this resolu- The resolution calls on this par- Jia, a Chinese activist who has publicized tion who recently returned from ticular government, the Chinese Gov- human rights abuses across China, was sen- Dharamsala, where he met with the ernment, to begin a dialogue with the tenced to three and a half years in prison for Dalai Lama. Dalai Lama, to bring about respect, to ‘‘inciting subversion of state power and the so- Mr. SENSENBRENNER. I thank the allow international monitors and jour- cialist system.’’ gentleman for yielding. nalists. I truly believe it is time now I wish to discuss briefly the importance of Madam Speaker, I rise in support of for the world to stand up. the relationship between the United States, this resolution and in solidarity with And so to my colleagues, it is impor- China and Tibet and highlight some important the Tibetan people in this trying time. tant that this resolution be passed. I legislation that I have supported to provide as- The recent events in Tibet have cap- believe we should be in front of the sistance to the human rights situation in Tibet. tured the attention of this body and Chinese Embassy here in Washington, As we are well aware, controversy exists over the American people. We as Americans D.C., petitioning that government to Tibet’s current political status as a part of are both saddened and outraged by the hear the cry of the Tibetan people, to China. This precarious relationship between Chinese Government’s crackdown on respect the Dalai Lama, and to bring China and Tibet has prompted U.S. congres- peaceful protests in Tibet. finally peace and freedom and, yes, de- sional actions in support of Tibet’s status and This body must be clear in its sup- mocracy to a peace-loving people. The traditions. port of fundamental human rights. Ti- oppressors cannot oppress the op- Tibet has been under active Beijing rule betans deserve the right to preserve pressed forever, and we stand against since between 1949–1951, when the newly their culture, heritage, language, and it. This resolution speaks to a resolu- established communist government of the religion. tion. We ask for the agreement. People’s Republic of China, PRC, sent military The Chinese Government has argued Ms. JACKSON-LEE of Texas. Madam troops to occupy Tibet. It was some years that this crackdown was in response to Speaker, I rise today in strong support of H. later, in 1959, that the Dalai Lama, who is still violent protest by the Tibetan people. Res. 1077, Calling on the Government of the respected and regarded as the spiritual leader However, the government dismissed People’s Republic of China to end its crack- of the Tibetan people, along with his followers, outside journalists from the region and down in Tibet and enter into a substantive dia- fled from Tibet and went into exile in India. has restricted their ability to accu- logue with His Holiness the Dalai Lama to find As reports of human rights abuses and polit- rately report on the situation. Mean- a negotiated solution that represents the dis- ical activities surfaced regarding China’s con- while, Americans traveling in China in tinctive language, culture, religious identity, tinuing repressive social and political controls recent weeks have revealed that their and fundamental freedoms of all Tibetans, and in Tibet, it garnered more interest and con- televisions went black when the inter- for other purposes, introduced by my distin- gressional consideration in the late 1980s. national media reported on Tibet. guished colleague from California, Represent- Tenzin Gyatso, the fourteenth Dalai Lama, is This restriction of freedom is con- ative NANCY PELOSI. This important and timely the unrivaled spiritual and cultural leader of sistent with China’s historically abys- legislation calls for an imperative dialogue the Tibetan people. The Dalai Lama has used mal human rights record. While it which will set forth the road to peace and sta- his leadership to promote democracy, free- would be simpler to believe that the bility. dom, and peace for the Tibetan people Chinese Government’s assertion that In recent days, the news has been littered through a negotiated settlement of the Tibet its crackdown was a just response to with reports of human rights abuses by the issue, based on autonomy within the People’s violent protest, the very fact that

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The Chinese Gov- shortly after the protests began. His ness the Dalai Lama. There are legiti- ernment’s reaction, however, has re- Holiness made very clear his opposition mate grievances of the Tibetan people vealed a level of hostility towards Ti- to the acts of violence taking place in which must be addressed, and who bet- betans not seen in decades and has Tibet. Since his exile 49 years ago, the ter to have this dialogue with than His heightened fears for the Tibetan peo- Dalai Lama has consistently advocated Holiness the Dalai Lama? ple. for a peaceful resolution to the tension I want to thank the Speaker for real- The Chinese Government would do between Tibet and China. If there is to ly carrying the torch for freedom and well to consider a number of concrete be a real solution to the problem, the human rights and dignity of the Ti- steps to address the current crisis, and Chinese Government must engage in betan people. This resolution heeds the I would ask, Madam Speaker, that a dialogue with the Dalai Lama with the call of the international community list of such steps prepared by the staff intention of finding a lasting resolu- and puts this body on the right side of of the Congressional-Executive Com- tion for both parties. history. mission on China be submitted for the In the coming months, China will Mr. SMITH of New Jersey. Madam RECORD. open its doors to the world and show Speaker, I yield 1 minute to the distin- ADDENDUM TO FLOOR STATEMENT OF REP- its best face. We’ve heard a lot in this guished gentleman from Connecticut RESENTATIVE SANDER LEVIN, CHAIRMAN, country recently about transparency, (Mr. SHAYS). CONGRESSIONAL-EXECUTIVE COMMISSION ON Mr. SHAYS. I thank the gentleman CHINA and this body responded by imple- for yielding. ADDRESSING TIBETAN PROTESTS menting greater transparency in our Madam Speaker, I rise in support of government. Now is the time for China 1. Distinguish between peaceful protestors H. Res. 1077, introduced by our Speak- and rioters, honor the Chinese Constitution’s to take responsibility for its actions er, NANCY PELOSI, calling on the Gov- reference to the freedoms of speech and asso- and implement heightened trans- ernment of China to end its crackdown ciation, and do not treat peaceful protest as parency to the world community on in Tibet and to enter into a substantive a crime; 2. Provide a detailed account of Tibetan the situation in Tibet and on the con- dialogue with His Holiness the Dalai duct of its own government. protest activity in each location where such Lama. activity took place; The stage is set for China to dem- The recent violence in Tibet, which onstrate a newfound commitment to 3. Provide details about each person de- was triggered by the Buddhist monks tained or charged with a crime, including human rights and peace. This institu- asking for religious freedoms, should each person’s name, the charges (if any) tion and the world are watching ex- be a great concern to everyone con- against each person, the name and location pectantly. Let us hope that the Chinese cerned about human rights. China of the prosecuting office (‘‘procuratorate’’) Government receives the message loud needs to end the violence and engage in and court handling each case, and the name and clear that all pressures remain on of each facility where a person is detained or open and honest dialogue with the imprisoned; the table in protecting the rights of the Dalai Lama to achieve peace and rec- Tibetan people. 4. Allow access by diplomats and other onciliation. China must come to realize international observers to the trials of peo- Madam Speaker, the Tibetan people that Tibetans deserve more autonomy ple charged with protest-related crimes; have waited 49 years for their freedom. and the world community will not be 5. Allow international observers and jour- Their patience is wearing thin. If China silent until they achieve it. nalists immediate and unfettered access to wishes to be considered an equal among As a member of the Congressional Tibetan areas of China; the leaders of the world, it must act 6. Ensure that security officials fulfill Human Rights Caucus, I am very con- their obligations under Articles 64(2) and like one by standing for basic human cerned about human rights in China rights in Tibet. 71(2) of China’s Criminal Procedure Law to but in particular the political and reli- inform relatives and work places (mon- Mr. BERMAN. Madam Speaker, I am gious freedoms of Tibetans. I urge the asteries in the case of monks) where detain- pleased to yield 2 minutes to a member resolution’s adoption and appreciate ees are being held; of our committee, a stalwart fighter this resolution coming to the floor. 7. Encourage and facilitate the filing of for human rights, the gentlewoman Ms. LEE. Madam Speaker, I would compensation suits under Chinese law in from California (Ms. LEE). like to yield 2 minutes to the gen- cases of alleged wrongful arrest, detention, punishment and other official abuses during Ms. LEE. Madam Speaker, first of tleman from Michigan (Mr. LEVIN). all, let me thank our Speaker for her the recent protests; (Mr. LEVIN asked and was given per- 8. Permit international observers to mon- unyielding stand regarding China’s mission to revise and extend his re- itor closely the implementation of China’s human rights record in Tibet and its marks.) new Regulation on Open Government Infor- association with the genocidal govern- The SPEAKER pro tempore. Without mation, which comes into force on May 1, ment of the Sudan. objection, the gentlewoman from Cali- 2008, with special emphasis on implementa- This resolution calls on China to end fornia will control the time. tion in Tibetan areas. its crackdown on nonviolent protestors There was no objection. 9. Strictly enforce the Regulations on Re- in Tibet and to talk with His Holiness Mr. LEVIN. Madam Speaker, I rise in porting Activities in China by Foreign Jour- nalists During the Beijing Olympic Games the Dalai Lama to address the very le- strong support of the resolution. and the Preparatory Period, with special em- gitimate grievances of the Tibetan peo- China has a law that includes protec- phasis on access to and in Tibetan areas of ple. It sends a clear message to China tions for the distinctive culture, lan- China. that the United States does not con- guage, and identity of ethnic minority 10. Commence direct talks between the done violence and repression against citizens. Its Regional Ethnic Auton- Chinese government and the Dalai Lama. the Tibetan people. omy Law guarantees ethnic minorities The commission monitors and re- This resolution is also timely as the the ‘‘right to administer their internal ports on human rights and rule of law Olympic torch will make its only stop affairs.’’ More specifically, the term developments in China on an ongoing in North America tomorrow when it ‘‘regional ethnic autonomy’’ reflects basis, and I encourage all to visit the comes to the Speaker’s district in San ‘‘the state’s full respect for . . . ethnic commission’s Web site, www.cecc.gov, Francisco, California, right across the minorities’ rights to administer their to subscribe to the online newsletter bay from my home district. internal affairs.’’ Madam Speaker, and to use the commission’s work to As host of the Olympic games, China China in recent weeks has reflected remain up to date on developments in is facing calls to live up to the Olympic anything but ‘‘the state’s full respect’’ China. spirit of peace and brotherhood and sis- of ethnic minority rights nor of basic The resolution of Tibetan grievances terhood that the torch represents. Chi- human rights recognized in both Chi- can only occur with direct talks be- na’s actions in Tibet and its ongoing nese and international law. tween the Chinese Government and the

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And throughout tant role in the international commu- gation was moved to see and hear the the history of the Cold War, their ex- nity, other countries will appropriately pleadings of Tibetans of all ages who ample was emulated by others, includ- assess China’s fulfillment of the com- have braved Himalayan crossings to es- ing the Czechs in 1968, and of course mitments it has made in both Chinese cape oppression, some weeks ago, some the Poles, and that eventually brought and international law, including legal years ago. And the Dalai Lama gives down the Soviet Union. and constitutional commitments to them hope and calls on the world not Today, what may appear a resolution ethnic minorities. to forget those who have fled and those of the moment for a specific incident is Mr. SMITH of New Jersey. Madam who are left in Tibet. And we, too, not that. It is our generation’s Buda- Speaker, I yield 3 minutes to the gen- should give them hope. pest. It is this generation of Americans tleman from Texas, an esteemed mem- I have in my office a crayon-drawn who get to witness the Tibetans trying ber of the Committee on Foreign Af- Tibetan flag given to me during our to breathe free from beneath the Com- fairs (Mr. POE). delegation’s visit to the Tibetan Chil- munist yoke of the Chinese regime. Mr. POE. I thank the gentleman for dren’s Village, and I keep this flag in And as we Republicans and Democrats yielding time. my office because it reminds me of the stand together today, we stand with Madam Speaker, Tibet is being de- human toll of the situation. Children them, and we send a clarion message to nied the basic human rights of freedom and adults flee the villages of Tibet and the Communist Chinese Government. of speech, freedom of religion, and the cross the highest range of mountains in They will be free. And as the Olympic freedom to seek grievances against its the world to reach the promise of a life torch goes from town to town and you own government. where they can preserve their culture see people gathering together of all po- China, the bully of Asia, literally is and have freedom. The journey is litical persuasions and all walks of life beating up on the small religious Ti- treacherous, but children try to escape to protest the abominable suppression betan community. China puts down the oppression in Tibet. of the Tibetans, let us remember that dissent by the use of the bloody club I am pleased that all the members of we here have come together to make and the firearm. And China suppresses this important trip joined the Speaker sure that the torch of Lady Liberty the world press that tries to report on in introducing this resolution. Both still shines bright as a beacon of hope what they are doing by issuing scripted Democrats and Republicans agree that for all the world. Ms. LEE. I yield 2 minutes to the propaganda papers about these peaceful the Chinese Government needs to end gentlewoman from California, a mem- Tibetan people, propaganda that we the violent crackdown on nonviolent ber of the Committee on Energy and have not seen since Hitler’s Nazi Ger- Tibetan protesters. Furthermore, it is Commerce, Congresswoman HILDA many. long past time for the Chinese Govern- ment to begin, without preconditions, SOLIS. China’s ugly personality of brutality Ms. SOLIS. Madam Speaker, I rise a dialogue with His Holiness, the Dalai and oppression is now being seen by all this evening in strong support of House Lama, and ensure that human rights of the world. And as China tries to Resolution 1077. carry the Olympic torch throughout and dignity of all Tibetans are pro- At the end of March, I traveled to the world, the flame of the torch is set- tected, to address the legitimate griev- India with Speaker NANCY PELOSI and a ting peoples in this world on fire in ances of the Tibetan people, to safe- congressional delegation and met with support of the people of Tibet. guard the people and their distinctive the leader of Tibet, His Holiness, the identity, to support economic develop- b 1945 Dalai Lama. We met young Tibetan ment, cultural preservation, health children in India and saw hope in their So China must cease its oppression of care, education and environmental sus- eyes for a better future. We were greet- its own people or face international re- tainability. ed by many thousands and thousands of buke and international condemnation, This important resolution reminds Tibetans along the road as we traveled including condemnation by this body. the world and China of our commit- up the mountain where they lived. Yet I support the people of Tibet, and I ment to the people of Tibet. we heard stories of violence and tor- urge passage of this resolution. And I Mr. SMITH of New Jersey. Madam ture inflicted by the Chinese Govern- want to thank the chairman for bring- Speaker, I yield 3 minutes to the dis- ment on the Tibetan people and pro- ing this resolution so quickly to the tinguished gentleman from Michigan testers. We learned of recent Chinese House floor. (Mr. MCCOTTER). policies and laws that have limited the Ms. LEE. I yield 21⁄2 minutes to the Mr. MCCOTTER. Madam Speaker, we economic opportunities for Tibetans in gentleman from New Jersey (Mr. HOLT) stand at a historic moment. In the China and severely endangered the Ti- who is a member of the Permanent Se- stream of history, it is oftentimes betan culture, religion and their lan- lect Committee on Intelligence. overlooked as we circumnavigate guage, in fact, their whole being. Mr. HOLT. Madam Speaker, I thank around time, fate and circumstance the Tibetans have fled to India to be able the gentlelady for yielding. momentous era and the momentous to practice their religion in peace and I am pleased to join the Speaker of deeds which must be undertaken. This preserve their culture with dignity and the House today as an original cospon- is one of them. respect. The Dalai Lama spoke to us sor of this important legislation to ad- I thank the Speaker for bringing this about his desire for peace and his long- dress the rights of the people of Tibet. resolution. I thank her for bringing ing to live autonomously, not inde- Across the globe, people are speaking with it the moral weight of her opposi- pendent of, but autonomously in China out in support of the people of Tibet. tion to Communist China’s abysmal so that Tibetans could practice their And today, Congress is making a human rights record throughout her religion openly. strong statement. And no one outside career in this Congress, and for uniting I, too, share his desire. House Resolu- Tibet has been more clear and more el- Republicans and Democrats behind it. tion 1077 calls on China to end its re- oquent than the Speaker of the House. But at this moment, I am also re- pression inside Tibet, release prisoners I recently had the honor to join the minded of someone who is no longer who participated in nonviolent protest, Speaker as a member of a congres- with us, someone from whom I learned and to begin a dialogue, a true dialogue sional delegation to India. We were very much. That man is the late Chair- with the Dalai Lama to find a solution with the spiritual leader, the Dalai man Tom Lantos, a man who embodied for Tibet that respects human rights. Lama, and we saw and heard thousands the human spirit in its ability to tri- The resolution calls for access for jour- of Tibetan refugees cheering America, umph over evil. How many people in nalists so that the world can see, hear I’m pleased to say, but pleading and this Congress understood the moment and view the situation in Tibet. pleading with us not to forget Tibet. when the tanks rolled into Budapest The Tibetan people are at a critical Tibet has been under the heavy hand and the Soviets went into Hungary, point in their movement to live peace- of China for almost five decades, and that that was a seminal moment in the fully and autonomously. We must

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We don’t have any with hearts open to us with flags both this time, may I ask unanimous con- idea how many have been wounded, representing the U.S. Government and sent that we be granted an additional how many are right now lying, wound- the Tibetan people. 10 minutes, 5 minutes for the majority, ed or dying, in attics and cellars, be- I stand here, Members, strongly sup- 5 minutes for the minority, on the time cause they know that if they go to the portive of House Resolution 1077 and already allotted for this resolution de- hospital, they will simply disappear ask you to join with us and the Speak- bate. into the Chinese Laogai. er of the House for its swift passage. The SPEAKER pro tempore. Is there The Chinese Government has been The SPEAKER pro tempore. Again, objection to the request of the gen- subjecting Tibetans to mass arrests. without objection, the gentleman from tleman from California? They have searched whole sections of California regains control of the time. There was no objection. Mr. BERMAN. Madam Speaker, I am cities, house by house. Chinese officials There was no objection. admit to nearly 2,000 arrests. The Mr. BERMAN. Madam Speaker, may pleased to yield 2 minutes to the gen- tleman from Wisconsin, Mr. STEVE China Commission estimates that I inquire how much time is remaining there are at least 1,000 more. Frankly, on both sides. KAGEN. Mr. KAGEN. Madam Speaker, what I wonder if there might be thousands The SPEAKER pro tempore. There kind of nation would we be if we more, since there are large areas of are 51⁄2 minutes remaining for the gen- wouldn’t stand up to speak out in favor Tibet from which nothing has been tleman from California. There are 61⁄2 of liberty everywhere in the world? heard in weeks, where phone lines and minutes remaining for the gentleman It was on January 6, 1941, right here cell towers and e-mail have been sim- from New Jersey. in this chamber that President Frank- ply turned off. Mr. BERMAN. Madam Speaker, I am lin Delano Roosevelt enunciated and Many thousands of monks are now pleased to yield 2 minutes to the gen- outlined for us the four essential being held under house arrest or in tleman from Washington (Mr. INSLEE). human freedoms, freedoms that this lockdown. Chinese riot police have sur- Mr. INSLEE. Madam Speaker, due to Nation fought several world wars for rounded some Buddhist monasteries the leadership of NANCY PELOSI, we and won. Freedom of speech every- and are letting no one get in and no were able to experience a profound and where in the world, freedom from fear, one get out. Many have been tortured. moving time in Dharamsala, India, 2 freedom from want, and freedom to I would remind my colleagues that we weeks ago, and it was profound for two worship God everywhere in the world. are seeing now, in a massive way, what reasons. One, when you talk to a Bud- The people of Tibet tonight must has been ongoing and pervasive for dec- dhist monk who has walked for 5 days hear that we, the people of these ades. through the Himalayan mountains to United States, are on their side. And I chaired a hearing in 1995, Madam escape suppression and obtain some we encourage the current leadership of Speaker. We heard from six survivors modicum of religious liberty, it would China to support these four essential of the Laogai. One of those was Palden move the hardest of hearts. And we human freedoms everywhere in the Gyatso, a Tibetan monk who spent 24 talked to monks who had that experi- world. years in prison. When we invited him ence, monks who couldn’t even show a Madam Speaker, very shortly, there to come and speak, he brought with little medallion with a picture of the will be some Olympic games held in him some instruments of torture that Dalai Lama on their chest without China, Olympic games and Olympic are routinely employed and used in a having to go to jail in Tibet under the spirit, based upon fair competition, fair horrific manner against men and control of the Chinese Government. It and open competition on a level play- women in the Chinese concentration was profound in that sense, but it was ing field. Isn’t it time, we might also camps. He told us that many people die profound in meeting the Dalai Lama, ask, that China begins to compete with of starvation. But when he brought as well, a person of great humor, great us on a fair and level playing field, and those instruments, he couldn’t even get grace, great courage and great non- in particular with regard to Paper Val- past our Capitol Police. They stopped violence. And he has asked for an in- ley in which I live in Wisconsin, isn’t it him. We had to come down and get him vestigation of what has gone on in time that they stopped dumping illegal through. Tibet, to quash what the Chinese Gov- paper into our domestic marketplaces? Then, when he held up those batons Madam Speaker, I rise in strong sup- ernment has been saying about him, that are used in the mouth and else- port of this resolution because we must saying that he has instigated this vio- where in order to provide electric support these four essential human lence. Anyone who makes that claim shocks, he actually broke down. He freedoms everywhere in the world. couldn’t distinguish between Mahatma Mr. SMITH of New Jersey. Madam held it up and he said, ‘‘This is what Gandhi and Che Guevara. Speaker, I yield myself such time as I went into my mouth as a Buddhist And I take great umbrage at this as- may consume. monk and into the mouths of many sertion that somehow he has been the First of all, I want to thank Speaker other people to shock and to deface,’’ reason for violence. His position has PELOSI for introducing this very impor- and he has trouble swallowing to this been reasonable. He has asked for a tant resolution of which I am very day. dialogue with the Chinese Government. proud to be one of the cosponsors, and He talked about these self-tightening He has asked for an investigation to especially for the trip, along with other handcuffs, and held up his wrists and what happened in Tibet. He has not Members of the House, that you led to showed us the marks on his body, not called for a boycott of the Olympics, an India to be at the side of His Holiness, just on his wrists, but elsewhere. He extremely reasonable position given the Dalai Lama, in this hour of terrible talked about piercing with bayonets. what his people have undergone. suffering for the Tibetan people. And this is routine. I would encourage His aspirations for China I think Madam Speaker, tonight we are here Members to realize what goes on each should be the world’s, that as China to speak frankly about what the Chi- and every day, but now in a more pro- grows into a great economic power, let nese Government is doing in Tibet. nounced way, in a more massive way, it seek to be a great power in the sense Last week, Lodi Gyari, His Holiness’ against the people of Tibet, through of morality and humanity. My district Special Envoy, told me and others on the use of torture. has a growing relationship with China the Congressional Human Rights Cau- The Chinese Government, Madam selling jets, software and agricultural cus that Tibet has ‘‘become, particu- Speaker, what they are doing right products. And we like to see the eco- larly in the last few weeks, in every now is exactly what happened in some nomic potential of China. But that has sense an occupied nation, brutally oc- of the parts of the world ruled from the to be married, to become a great na- cupied by armed forces.’’ Communists. Who can forget the So- tion, with a commitment to humanity, Madam Speaker, despite the fact that viet invasion of Hungary, which was morality and religious freedom. This is there is an extensive news blackout, still felt on the streets of Budapest in consistent not only with America’s the grim consequences have gotten out. the 1980s, even though that happened

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It Finally, let me just say briefly to my thank him for his leadership on the is the Chinese Government that has colleagues that there are American Foreign Affairs Committee, and Con- provoked the Tibetan people to protest, companies who may be supporting this gresswoman ILEANA ROS-LEHTINEN, the a protest that, perhaps because of the tyranny. I am afraid some of them are ranking Republican on the committee, Buddhist emphasis on peace, has been doing that, playing smaller or larger for their leadership in bringing this overwhelmingly peaceful. roles in the crushing of Tibet, working resolution to the floor. It isn’t without As we all know, Tibet has been sub- with the Chinese Internet Surveillance a tear in the eye that we bring this to jected to Chinese Communist tyranny Bureau to block Web sites and blocking the floor and remember our colleague, since 1951. Since 1959, the Chinese Gov- and tracking down Tibetans who send Congressman Tom Lantos, and how im- ernment is responsible for the deaths of Internet reports of arrests and mas- portant this resolution would have hundreds of thousands of Tibetans— sacres. been to him. and that is a low estimate. The current The New York Times has reported Twenty years ago when I was a new number of Tibetans living in China is that the Chinese Government is indeed, Member of Congress, Tom invited some now about 5.4 million people. and not unexpectedly, blocking Web of us to a meeting that I will never for- I think Members should realize too sites to prevent uncensored news from get. It was with His Holiness the Dalai that there has also been—and the Dalai reaching the Chinese people, including Lama. At that time he presented to us Lama speaks about this when he the Web sites of CNN, BBC, YouTube, his proposal for autonomy for Tibet. speaks about his Five Points of En- Google and Yahoo. That is over 20 years ago he has been gagement—this population transfer, The Times has also reported that the preaching autonomy, and it is on that where the entire culture is being re- Chinese Internet Surveillance Bureau basis that we wanted him to have the placed by a Han Chinese culture. They has warned Tibetans about sharing fac- opportunity to have full negotiations are getting very good jobs. The incen- tual news about the protests. They with the Chinese Government. They tive has been given them by the Chi- have said, and I quote them, this is the had said if he doesn’t reject the idea of nese Government, in order to Chinese Bureau, ‘‘We inform Internet independence, that cannot happen. marginalize and decrease the Tibetan users that it is forbidden to post news Well, he rejected independence 20 years people, to make them more of a minor- about Tibet events . . . The Internet ago, much to the dismay of those who ity in their own land. What we are Surveillance Bureau will carry out fil- want independence. talking about here is nothing less than tering and censorship . . . Anyone in- But, in any event, Tom Lantos a planned destruction of a culture that fringing this ban will have their IP ad- opened the door for many of us to meet has now gone to new lows with this re- dresses sent to the police, who will with His Holiness the Dalai Lama. cent crackdown. then take the necessary steps.’’ That Twenty years later, in the Capitol of In fact, the Chinese Government’s at- means, Madam Speaker, arrests; that the United States, under Tom’s leader- titude toward Tibet can be seen in means, Madam Speaker, torture of ship and of that Congresswoman ROS- these two insults by Zhang Qingli, the those who simply try to share the LEHTINEN, we were able to present to Secretary of the Chinese Party of the truth as to what is going on in Tibet. His Holiness the Congressional Gold Tibet Autonomous Region, who offered Who can forget Shi Tao, the jour- Medal, the highest honor that this to the people these words. He said, nalist who got 10 years simply for send- body can bestow. I am proud to say ‘‘The Communist Party is like the par- ing information to an NGO in New that President Bush stood there side- ent to the Tibetan people, and it is al- York about what the Chinese Bureau of by-side with His Holiness presenting ways considerate about what the chil- Propaganda had told them they could our Congressional Gold Medal to him. dren need.’’ We are talking about a not do with regard to the Tiananmen No President before had been so coura- very abusive parent here. He also said, Square massacre? Now it is going on in geous, and I appreciate and am proud ‘‘The Central Party Committee is the Tibet, and the ugly cycle continues. that President Bush did that. real Buddha for Tibetans.’’ What a sac- As I think Members know, the Global Following that, we talked about tak- rilege! What a sacrilege! What a viola- Online Freedom Act legislation, which ing a trip to India to talk about global tion of fundamental human rights. is pending and hopefully will come to warming, that our Energy Independ- I will say only a couple words about the floor, would finally give us a full ence and Global Warming Task Force, the Olympics, Madam Speaker. The and thorough accounting as to this which Mr. MARKEY and Mr. SENSEN- IOC made a great mistake in allowing complicity, whether it be witting or BRENNER, who spoke so eloquently ear- China to host the Olympics. Who can unwitting, on the part of these Inter- lier, were in the lead on. forget when they were vying for the net companies, so that we are not part When we planned the trip, we had ac- 2000 Olympics and they let Wei of this tyrannical regime that is now cepted His Holiness’ invitation to visit Jingsheng out. Speaker PELOSI knows so brutally suppressing, murdering and him in Dharamsala, without any him very well. I met him in Beijing torturing Tibetan people and putting thought that it would be at a con- when he was let out, very briefly. As so many monks into prison, rather troversial time. As fate would have it, soon as they didn’t get the Olympics, than letting them be in their mon- we made our plans in December and they rearrested him and beat him and asteries, where they want to practice January. When we got there in the tortured him. They finally let him out their faith. middle of March, it was following the because he was close to death. But then Madam Speaker, this is an excellent crackdown in Tibet of the peaceful the IOC awarded the Olympic venue to resolution you have brought to the demonstrators in Lhasa and in other Beijing several years later. floor. I congratulate you. This is bipar- parts of Tibet by the Chinese Govern- They shouldn’t be held in a nation tisanship, I believe, at its best. We are ment. It was stunning really to see the that cracks down on all kinds of polit- all in support of the Dalai Lama. You reaction of the Chinese to the simple ical dissent and has a system of coer- have led on this for so many years, and observance of the 49th anniversary of cion where brothers and sisters are ille- are doing so now as Speaker, and I the Dalai Lama being forced out of gal as part of its one-child-per-couple hope we get very strong support for Tibet by the Chinese. As the monks policy, its forced abortion policy, and this, on behalf of the Tibetan people demonstrated and protested, the Chi- also a country that is responsible for and on behalf of the Dalai Lama. nese government cracked down. killing so many Africans. The most re- Madam Speaker, I yield back the bal- While we were there, it was inter- cent is happening in Darfur. This really ance of our time. esting to hear that the Government of is, as my colleague Ms. LEE said ear- Mr. BERMAN. Madam Speaker, I am China was saying that His Holiness was lier, the ‘‘genocide Olympics.’’ very pleased to yield 1 minute to the the instigator of violence in China,

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I was reading in the ered here in this Chamber, in my City of nonviolence in the world, a bridge paper the other day as the torch was of San Francisco human rights activ- builder for peace and human under- going through Paris that one of the ists are preparing for the torch to come standing, as we said in our presen- marchers, the carriers of the torch said through our city tomorrow, a city very tation of the Congressional Gold Medal that what was happening with the pro- committed to human rights. I was very to him. testers was very unpleasant. I thought, proud that yesterday they were able to So we thought it must be our fate, it you think that’s unpleasant? Maybe display a ‘‘One World, One Dream: Free must be our karma, that we would be you should be in the sub-human condi- Tibet’’ banner across the Golden Gate in Dharamsala at that time. As was in- tions that the refugees are in Darfur. If Bridge. It’s just frightening to think of dicated by some of our colleagues, Mr. you think that’s unpleasant, maybe how they were able to accomplish it, INSLEE mentioned that some monks you should be in a prison in Tibet for but they got their message across with, had traveled for 5 days over Himalayas your faith and His Holiness, the Dalai probably in my view, the most beau- to Dharamsala to tell us about the Lama. tiful backdrop in the world for all the treatment they had received. You think that’s unpleasant? Maybe world to see. Some of the people we met with, Mr. you could still be in prison from the Tomorrow, as the torch goes through SMITH, had been in prison for many Tiananmen Square massacre. Some the city, people will voice their views years in China. One woman who was in people are still in prison from that on it. But, still tonight, Desmond Tutu her eighties had been in prison for over time. is leading a prayer vigil in San Fran- 25 years. We heard of the torture that Mr. SMITH knows well the fight we cisco in protest of what is happening was exacted upon them as recently as a had at the time because shortly after, with that torch going through. matter of days before we were there. So a couple of years after Tiananmen, we Probably the most insulting of all, the torture that you described that you were still fighting for the release of the though, is that China insists that the heard about in your committee con- prisoners of Tiananmen. We had about torch go through Tibet, that it go to tinues to this day, and we very tear- a $5 billion a year trade deficit. Mount Everest and through Tibet on fully received that information from We thought that that would give us its way back to Beijing. That’s the big- the prisoners. so much leverage with the Chinese gest insult, I think, of all. The world But the point is that in Tibet you are Government that surely if we threat- should not allow that to happen. arrested and repressed for what you be- ened the most-favored nation status, as What’s right about that? lieve; not even for acting upon your be- it was called then, that they would When I was in Dharamsala, I had the liefs, but for what you believe, and that yield and release these prisoners be- privilege of addressing the crowd gath- is something that flies in the face of cause it meant $5 billion a year to ered in the square. I said at the time everything we stand for as a country. them. that the situation in Tibet challenges That is why I was so pleased that the Well, we didn’t win. We didn’t prevail the conscience of the world. Indeed, the President stood there and showed bi- in that situation. situation in Darfur challenges the con- partisan spirit, Democrats and Repub- As I say, it was a Republican Presi- science of the world, two places where licans coming together, as Mr. SMITH dent and a Democratic President. We China can change, make a difference. I mentioned. We have worked on this didn’t get any better policy from either also said that if we, the freedom-loving issue for many years and in a very bi- of them when it came to China. They people throughout the world do not partisan way in terms of China. told us that granting most-favored na- stand up for human rights in China and Another place where China has influ- tion status, they changed the name to Tibet, then we lose all moral authority ence that Mr. SMITH and Mr. WOLF permanent normal trade relations be- to talk about it any other place in the have been leaders has been in the cause it sounded better, would, in fact, world. Sudan. But for the Chinese’s absolute improve the political situation in It is many years of activism on this insistence that they will not sanction China and improve our trade relation- subject, and lots of documentation, the Sudan at the U.N., we could per- ship with China. but, as Mr. SMITH mentioned, we know haps have an improvement in the When these people are saying it’s un- so many of the people firsthand, such human rights situation and the polit- pleasant, I think it’s unpleasant to as Harry Wu, who had been imprisoned. ical situation in the Sudan. think that a $5 billion a year trade def- Why this is important tonight is be- Many of us took a trip, many Mem- icit is now $5 billion a week, $5 billion cause what the Chinese did, the most bers have been there, I led a delegation a week. That is a quarter of a trillion excruciating form of torture that an there with Mr. CLYBURN to Darfur a dollars a year trade deficit with China. oppressor can exact on a political pris- couple of years ago and we saw first- Has it improved our trade relation- oner is to say to him or her nobody hand the genocide that was going on ship? I don’t think so. Has it improved even knows you are here. They don’t there. It was horrible to see. We went the human rights situation in China? I even care about you anymore. Society to several camps. In one camp, 100,000 don’t think so. has passed this issue by. It’s no longer refugees were there. We saw the little Somewhere along the way we lost our important. Your family is out there children. The tiny ones really still had way. We said at the time, some of us, if suffering, you are here forgotten, but some brightness in their eyes. The you choose to ride this tiger that is the world does not remember you. older ones, they had seen too much. China, only China will decide when you Well, we are here tonight to say that In this camp, in the evening when it can get off. China won the Olympics. the world does, a continuation of the would be cool, if the father went out to Some of us supported resolutions in op- work that Mr. SMITH has referenced get firewood, he would be killed. If the position to that, but they won the and others have referenced tonight mother went out, she could be raped. In Olympics. about our calling to the attention of any event, the children could be kid- I don’t support a boycott of the the world the names, the actual names napped. They had been displaced from Olympics. I think our athletes who of people who have been imprisoned for their villages with compliance of the have trained should be able to go there their beliefs, their religious beliefs, Government of Sudan. and compete. I think it should be treat- their political beliefs. This the resolu- ed as a sports event. Any time it tries tion is very simple, and when we vote b 2015 to rise to the occasion of harmony, one on it tomorrow, I hope we have an All we need is strong international world, one dream, a unifying factor, overwhelming vote. leadership to end that situation. China that is where it falls short, because the What it says to the Chinese Govern- stands in the way. When we are talking Chinese cannot on the one hand take ment, as they prepare for the Olympics about Tibet and when we are talking the political upside of the credibility in harmony, ‘‘One World, One Dream: about the Olympics and we are talking given to them at any welcoming cere- Free Tibet,’’ is that they end the

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2056 CONGRESSIONAL RECORD — HOUSE April 8, 2008 crackdown in Tibet, that they enter I think we should, since the Chan- Mr. ABERCROMBIE. Madam Speaker, I rise into substantive dialogue directly with cellor of Germany, Angela Merkel, has today in support of House Resolution 1077, His Holiness the Dalai Lama, that they put that on the table, it should stay calling on the Government of the People’s Re- allow independent monitors, journal- there. Our President should hold back public of China to end its crackdown in Tibet. ists and others into Tibet and they also any decision about going to those open- The resolution also calls for the Chinese Gov- allow medical personnel. As was men- ing ceremonies until he sees what ernment to enter into a substantive dialogue tioned, people who have been beaten by progress could be made, what leverage with His Holiness the Dalai Lama to find a ne- the Chinese cannot receive medical as- we could use to have those negotia- gotiated solution that respects the distinctive sistance and they need that life-saving tions take place so that before too long language, culture, religious identity, and funda- attention. That’s what we are talking and while His Holiness is still in good mental freedoms of all Tibetans. about here. health he can return to Tibet and, in- The Dalai Lama has stated his willingness As for the accusation that that jack- deed, the Tibetan people in their au- to accept cultural autonomy for Tibet under al, His Holiness the Dalai Lama, the in- tonomous state of Tibet can be free. the Chinese Constitution. He has also been stigator of violence in Tibet, started I am very proud of this resolution. I willing to negotiate with Beijing and has ad- all of this, His Holiness called for and couldn’t be prouder of all the state- vanced a number of very moderate proposals our delegation in Dharamsala associ- ments that were made this evening regarding Tibet’s future status. The Com- ated ourselves with his call which was with all the passion and interest and munist regime, however, has only met this at- for an independent outside investiga- history that went with it. I think it is tempt at accommodation with stiff opposition, tion as to how that all started. If they a tribute to His Holiness, and I hope and is currently instigating yet another crack- are going to accuse him, then they the vote tomorrow will be unequivocal down in the lead up to the Beijing Olympics. must be prepared to have an investiga- about that. I am certain it will. I also To date, Congress has stood strongly by the tion to prove their point or to be prov- they think that it is a tribute to our Tibetan people as they bravely struggle for en wrong. friend, Tom Lantos, who had been so their rights: When we were there, I just want to faithful to this cause. In 1991, Congress passed a resolution stat- close by saying, because it was very Thank you, Mr. Chairman. Thank ing that Tibet is an occupied country. moving for us, when we got off the air- you, Mr. SMITH. In September of 2007, Representative plane and we were driving to Mr. BERMAN. Thank you, Madam ROHRABACHER introduced House Resolution Dharamsala for miles and miles and Speaker, for those wonderful worlds, 610, expressing the sense of the House of miles and miles, and when we got to for elevating this Chamber. Representatives that the United States Gov- Dharamsala to the center of town, we Mr. FARR. Madam Speaker, in mid-March, ernment should take immediate steps to boy- were greeted by many Tibetans flying the Chinese government conducted a bloody cott the Summer Olympic Games in Beijing in American flags. We take the pledge in crackdown, grossly violating the human rights August 2008 unless the Chinese regime stops the morning, and any time we see the of the peaceful protestors in Tibet. engaging in serious human rights abuses flag, it is an emotional experience for The protest by the Tibetans touched a nerve against its citizens and stops supporting seri- us. But to see these people who have and rapidly spread beyond the capital city of ous human rights abuses by the Governments had to struggle so much for freedom Lhasa into other areas of Tibet and around the of Sudan, Burma, and North Korea against pay homage to our flag was quite a re- world. The peaceful protest drew a violent and their citizens. I wholeheartedly support and co- markable thing. Here is one sign, which was my par- disproportionate reaction from the Chinese sponsor this measure. ticular favorite. It said, ‘‘Thank you government who sought to tamp down the Ti- Congressman DANA ROHRABACHER and I re- for everything you have done for us so betan desire for autonomy and self-determina- cently formed the Tibet Caucus and already far.’’ But all the American flags, the tion. Not only did the Chinese government have 8 new members. Tibetans flags, and, just again, it was a react with terrible force upon the protesters, Congress awarded the Dalai Lama the Con- forest of flags there. the authorities also tried to discredit the Dalai gressional Gold Medal. Mr. HOLT referenced the children, Lama and his movement for a free Tibet. We cannot stand silently by and watch as when we went to the children’s school, The Dalai Lama is as determined and com- another wave of brutality and oppression thousands of adorable children, many mitted to nonviolence as he is to seeing the sweeps across the country by the Beijing re- of them separated from their families, emergence of a peaceful, prosperous, autono- gime. Congress must continue to stand by the because that’s the only way they could mous and self-determined Tibet. The brutal Tibetan people and uphold their rights as be raised in a Tibetan culture which is crackdown that seeks to derail the inevitable human beings. I urge every Member of Con- now restrained. Here are these chil- movement toward a free Tibet resulted in the gress to join the Tibetan Caucus, vote ‘‘yes’’ dren, they drew, they had thousands of deaths of more than 100 Tibetans and caused for House Resolution 1077, and urge the these. I brought many of them home, a great deal of social upheaval. President of the United States to issue an ex- an American flag on one side and on While we live a safe distance away from the ecutive order boycotting the Beijing Olympics the other side a Tibetan flag, ‘‘Free struggle, comfortably ensconced in a liberal and uphold the rights of the Tibetan people to Tibet, Free Tibet.’’ It goes on, ‘‘Long democratic society, we cannot act as though ensure their voice is not silenced. live His Holiness the Dalai Lama.’’ we do not have a role to play to support the Mr. MCGOVERN. Madam Speaker, I rise in ‘‘Long live the friendship between Dalai Lama. We do. strong support of H. Res. 1077 and I want to the United States and Tibet,’’ a friend- I am enormously grateful to Speaker thank the Speaker of the House, NANCY ship that began when Franklin Roo- PELOSI, who has offered this House resolution PELOSI, for her leadership and commitment to sevelt sent His Holiness, when he was a which calls upon the Chinese to end this the people of Tibet. For many years, in both very little boy, a watch. That watch crackdown. This violent reaction is short- words and deeds, she has stood by the peo- had the rising of the sun, the months of sighted and unproductive and, furthermore, it’s ple of Tibet, and called for the respect and the year, the phases of the moon, and not the long-term solution that respects the support of their dignity, culture, heritage, and it did tell time too. It was a very spe- human rights and dignity of every Tibetan. religion. And I am proud to be a cosponsor of cial fit, a gold watch. His Holiness has Rather, the Chinese Government must enter this legislation. said that he took that watch with him into a serious, substantive negotiation directly Madam Speaker, I believe Tibet is one of when he left Tibet, imagine, a piece of with the Dalai Lama and must allow inde- the most serious human rights and political America in that flight to freedom. pendent monitors into Tibet. Only then will we freedom issues of our time. It is our wish that under the provi- be on the path toward a solution to this crisis. The violent response by Chinese military sions of this legislation and the voices Furthermore, I join Speaker PELOSI and other forces to peaceful protests that began in the being heard all over the world now that supporters of a free Tibet, to ask for the im- Tibetan capital on March 11th is horrifying. I those negotiations will take place be- mediate release of all Tibetans who were ar- believe the United States and the international tween the Chinese Government and His rested for non-violent protest. community must convey a strong condemna- Holiness the Dalai Lama. I, like many, I am pleased this evening to express my tion of these acts, an accounting by China on have asked about the opening cere- support for the struggle toward a free Tibet, the welfare and whereabouts of the many de- monies. You don’t want to boycott the and I would encourage all my colleagues to tained Buddhist monks and other Tibetan citi- Olympics, what about the opening cere- join me by supporting this important House zens who have been arrested, and facilitate monies? resolution. access by international human rights monitors

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 9920 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2057 and journalists to Tibetan areas, as requested I promise the sponsors of this bill that I will seeking peaceful dialogue with the Chinese by His Holiness, the Dalai Lama. continue to join them and speak out on these Government. The Dalai Lama is not seeking a The State Department’s 2007 Country Re- matters and press President Bush, the inter- boycott of the Olympic Games; he is seeking ports on Human Rights describes a human national community, and the Chinese Govern- to return to his homeland with his people in rights situation in China and Tibet that con- ment to respect the basic human rights of the peace. tinues to worsen while the repression of reli- Tibetan people. And passage of H. Res. 1077 As I told Ambassador Zhou of China when gious freedom has increased. There is very is the first step in moving this process forward. I met with him last week, it is in the interest disturbing evidence of a pre-Olympic crack- Mr. CHABOT. Madam Speaker, I rise in of China and Tibet to arrive at a lasting resolu- down on religious leaders, journalists and law- strong support of H. Res. 1077, a resolution tion of this dispute as soon as possible. Chi- yers in recent months. It is long past time for you introduced calling on the government of na’s reputation around the world, and its rela- the government in Beijing to respect the the People’s Republic of China to end its tions with other nations, will only continue to human rights and religion of every Tibetan. crackdown in Tibet and to enter into a sub- suffer if Beijing continues to ignore the world’s Further, as the protests in Tibet began calling stantive dialogue with the Dalai Lama to find call for action. for greater economic opportunity and equality, a negotiated solution that respects the lan- This resolution calls upon China to begin a they clearly call into question China’s claims guage, culture, and religious identity of the Ti- dialogue with the Dalai Lama, without pre- that its development of Tibet advances the betan people. conditions, to address the legitimate griev- prosperity of Tibetans as well as the ethnic Madam Speaker, freedom, dignity, and re- ances of the Tibetan people. I truly hope that Chinese Han who have been encouraged to spect are universal rights that should know no the Chinese Government heeds this call, ends migrate to Tibet and establish themselves boundaries. When these rights are nurtured its repression of Tibetan rights, and enters into there. and protected, peace, prosperity, and harmony a genuine dialogue on Tibet’s future. Since I was first elected to Congress, I have flourish among people and nations. When I urge adoption of the resolution. worked with many of my House colleagues to these rights are restricted, repressed, and ig- Mr. UDALL of New Mexico. Madam Speak- press for greater freedom for Tibet and for the er, I rise today in support of H. Res 1077 and release of Tibetan prisoners of conscience nored, each of us has an obligation to speak to express my concern over recent and ongo- who have been jailed by Chinese authorities, out, otherwise the world suffers. ing events in China. Since March 10th, when most of whom are imprisoned for their political Tibet has a long history of language, cul- Tibetan protests began in Lhasa, there have and cultural beliefs. Personally, I believe Tibet ture, and religion. Since the late 1500s, the been demonstrations in at least 48 locations. should be restored as an independent nation, teachings of the Dalai Lama and Buddhism which it was prior to China’s military invasion have played integral roles in Tibet and While there are some accounts of violent ac- over 50 years ago. I deeply fear that China is throughout the world. The fact that Tibetans tions, most Tibetan protestors have been successfully destroying a culture, religion and have lived under repressive conditions since peaceful. Unfortunately, the Chinese govern- national heritage that have survived for thou- China’s crackdown in 1958, which led to the ment has not taken the same approach in re- sands of years. deaths of more than 10,000 Tibetans and sent sponding to these protests and protestors. The legislation before us this evening calls the 14th Dalai Lama into exile, is inexcusable. While we do not know the true number, it is upon the Government of the People’s Repub- The fact that China has failed to live up to estimated that at least 3,000 Tibetans may be lic of China to end its crackdown in Tibet and its commitment to improve its human rights under detention. And it is even more unclear enter into a substantive dialogue with his holi- record is intolerable. The continued attempts how many people have perished because of ness the Dalai Lama to find a negotiated solu- by the Chinese Government to placate the the Chinese government’s excessive response tion that respects the distinctive language, cul- international community with promises cannot to these largely peaceful demonstrations. ture, religious identify, and fundamental free- go unchallenged any longer. If China wants to The Tibetans are a peace loving and resil- doms of all Tibetans. It is not a call for inde- be recognized as a world leader, it should ient people, and even under the Chinese oc- pendence. But it is a call for the Chinese Gov- start acting like one. A good first step would cupation they have been able to retain their ernment to respond as a mature member of be to allow for vigorous political debate rather culture. Unfortunately, while responding harsh- the international community. I hope that Bei- than suppressing it. ly, the Chinese government has also placed jing will understand much is required of a na- I urge my colleagues to support this impor- blame for the situation at the feet of the Dalai tion that desires to be a leader in regional and tant resolution and thank the distinguished Lama. This, despite the fact that none of the international affairs, including the capacity to gentlewoman from California, Madam Speak- purported evidence is linked directly to the genuinely negotiate differences and find solu- er, for her work on this issue. Dalai Lama. tions that are meaningful and acceptable to Mr. MARKEY. Madam Speaker, I rise in As these demonstrations continue, it is im- all. strong support of this resolution, which calls portant that the Chinese government distin- Madam Speaker, I have joined with my con- upon China to end its repression in Tibet. guishes between the peaceful protestors and gressional colleagues, in a bipartisan fashion, I would also like to commend the Speaker the rioters, and that it honor its own constitu- on matters to Chinese authorities about the re- for her long advocacy on behalf of the rights tionally guaranteed freedoms of speech, asso- cent protests in Tibet. Over the past years I of the Tibetan people, and for bringing this bill ciation, and demonstration. have also petitioned the Chinese Government before the House today. Passing this resolution today sends the on several individual cases, the most high pro- In Tibet, there is an ongoing struggle for message to the Chinese Government that this file of which would be the safety and well- basic human rights and human dignity. Our is what we expect, and that we will not turn a being of the Pachan Lama. I have also asked Nation has a moral obligation to make its blind eye to their actions. On the contrary, we my own government, at the highest levels, to views known to the Chinese Government re- are closely monitoring what occurs in Tibet advocate for the release of particular prisoners garding its oppression of the legitimate rights and will continue to do so. As China’s engage- and for greater freedoms for the Tibetan peo- of the Tibetan people to practice their religion ment in the international community continues ple. I must admit, however, that I am very and express their culture. to grow, we must call on the Chinese govern- frustrated by the fact that the United States, Last month, I was honored to join Speaker ment to honor the commitments it has made like the rest of the international community, PELOSI in traveling to Dharamsala. We met to both Chinese and international law. This appears to voice reverence for the Tibetan with His Holiness the Dalai Lama, with leaders resolution does just that, and I strongly sup- culture and religion, while standing idly by and of the Tibetan Government-in-Exile, and with port its passage. watching it be slowly eroded and dismantled ordinary Tibetan people have been forced to Mr. ROYCE. Madam Speaker, I rise in sup- year by year by the Chinese authorities. In the flee their homes and seek refuge from Chi- port of H. Res.1077. meantime, China continues to pursue its poli- nese political oppression. I would like to first commend the Speaker cies in Tibet, knowing there is no price to pay I was moved by the extraordinary struggle on her timely resolution that calls on the Gov- for its actions. of the Tibetan people, and the stories I heard ernment of the People’s Republic of China to This time, Madam Speaker, we must all act of the brutal repression that has been taking end its crackdown in Tibet and to open a dia- differently. There must be consequences for place in that country. All the Tibetan people logue with His Holiness the Dalai Lama. the brutal repression of Tibet. I hope the Chi- are seeking is their right to be able to express Importantly, this resolution calls on the Chi- nese Government will heed the message of their culture, language, and religion. nese Government to release all Tibetan pris- this resolution. I hope it will open a genuine The Dalai Lama made it absolutely clear to oners who were detained for their nonviolent dialogue with His Holiness the Dalai Lama and us that he is firmly and unequivocally com- expression of opposition to Chinese policy to- negotiate in good faith a just solution with and mitted to nonviolence, that he is not seeking wards Tibet, something with which I very for the people of Tibet. independence but autonomy, and that he is much agree.

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 9920 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2058 CONGRESSIONAL RECORD — HOUSE April 8, 2008 In 2002, the Tibetan Policy Act was ushered has no intention of unilaterally changing it’s try. This resolution is also a reaction to six through Congress under the leadership of human rights record. The government of decades of cultural and religious repression of former chairmen Lantos and Hyde, and signed China has been and continues to be an the Tibetan people. Now is the time to bring into law. Amongst its components was a U.S. abuser of basic human rights despite the State the suffering of the Tibetan people to an end. commitment to the economic and cultural Department decision to not include China in a I ask my colleagues to join me in supporting preservation of Tibetans inside Tibet. I believe list of countries that most systemically violate this resolution to encourage the People’s Re- that this resolution reaffirms this commitment. human rights. This resolution asks the United public of China to enter into discussions with For decades, Beijing has oppressed the Ti- States Department of State to publicly issue a the Dalai Lama and respect the human rights betan people. As the State Department’s most statement reconsidering its decision. of all its citizens. recent annual report on human rights found, The cause of the Tibetan people is a desire Mr. BERMAN. Madam Speaker, I tight control on religious expression and denial for freedom of religion, freedom to speak their yield back the balance of my time. of other basic human rights are cause for seri- own language, and to express their unique The SPEAKER pro tempore. The ous concern. China’s further crackdowns on identity. It is a cause every American can re- question is on the motion offered by peaceful protestors of the Olympic torch relay late to. I urge my colleagues to vote in support the gentleman from California (Mr. serve to further affirm the State Department’s of this resolution—to vote in support of Tibet. BERMAN) that the House suspend the report. Ms. ESHOO. Madam Speaker, we’ve read rules and agree to the resolution, H. At the center of international media cov- and seen on the news the accounting of nu- Res. 1077. erage of China’s crackdown on Tibetan Bud- merous deaths following the anti-government The question was taken. dhism is Radio Free Asia, a non-profit broad- protests in the Tibetan capital of Lhasa. The The SPEAKER pro tempore. In the cast corporation that provides alternative news proindependence protests were initiated by opinion of the Chair, two-thirds being sources in repressive countries. In addition to ethnic Tibetans commemorating the 49th anni- in the affirmative, the ayes have it. covering the abuses wrought against the Ti- versary of the failed 1959 uprising that sent Mr. BERMAN. Madam Speaker, on betans, Radio Free Asia has also documented the Dalai Lama into exile. China is now facing that I demand the yeas and nays. the Chinese destruction of precious Tibetan mounting international pressure, including the The yeas and nays were ordered. religious relics and manuscripts. It is not just U.S., to demonstrate restraint in dealing with The SPEAKER pro tempore. Pursu- the ethnic discrimination against Tibetans that the dissent. ant to clause 8 of rule XX and the gives me pause, but also the efforts to erase I support the aspirations of the Tibetan peo- Chair’s prior announcement, further their culture. ple to peacefully protest for independence and proceedings on this motion will be I commend Radio Free Asia on their tireless safeguard their distinct identity by promoting postponed. efforts to broadcast truth, and I commend you, the elimination of all forms of racial, religious, Madam Speaker, on your work on this resolu- and linguistic discrimination against them. The f tion. People’s Republic of China, PRC, has failed b 2030 Mr. GEORGE MILLER of California. Madam miserably to guarantee the preservation of Speaker, as the Chinese Government was re- these rights for the Tibetan people and as a SPECIAL ORDERS pressing peaceful Tibetan protests last month, result, Tibetans remain plagued by poverty, il- The SPEAKER pro tempore. Under I visited Dharamshala, India—the recognized literacy, and a limited infrastructure. the Speaker’s announced policy of Jan- home of Tibetans in exile—with Speaker I was privileged to participate in the Speak- uary 18, 2007, and under a previous Pelosi and several of my colleagues. er’s congressional delegation to India last order of the House, the following Mem- I had the honor and privilege to meet His month when we visited the Dalai Lama in bers will be recognized for 5 minutes Holiness, the Dalai Lama, and I was moved by Dharamsala. During our visit we discussed the each. the infinite patience and courage he exudes in tragic violence that has been taking place in the face of overwhelming odds. I was touched Tibet with the Dalai Lama and we agreed that f by the large population of Tibetans in exile an open dialogue with the PRC and inter- NEWBORN SCREENING SAVES who worry about family members they have national pressure are the most effective meth- LIVES left behind. These are people who left their ods at our disposal for ending the crisis. homeland due to repression of religion and This resolution was born out of those dis- The SPEAKER pro tempore. Under a language by the Chinese Government and the cussions with the Dalai Lama. It condemns the previous order of the House, the gentle- constant violations of basic human rights and government of the PRC for its bloody suppres- woman from California (Ms. ROYBAL- dignity in their own land. sion of the Tibetan people and calls on the ALLARD) is recognized for 5 minutes. The Speaker, along with everyone else on government of the PRC to invite the Dalai Ms. ROYBAL-ALLARD. Madam our trip, was incensed at the atrocities con- Lama to China for the purpose of dialogue to Speaker, this week the Nation is cele- ducted by China. Our first order of business resolve the root causes of unrest in the Ti- brating National Public Health Week, upon returning to the United States was to betan areas of China. and I can think of no better way for draft this important resolution before the Free expression and the right to dissent are this House to have begun the celebra- House today. defining elements of a democracy. That’s why tion than by the passage of today’s Through this resolution, we call on the Gov- it is essential for us to speak out in con- packet of critical bipartisan public ernment of the People’s Republic of China to demnation of China’s repression of religion, its health legislation. end its crackdown on nonviolent Tibetan complicity in the Sudanese atrocities in Darfur I commend Chairman DINGELL and protestors and its continuing cultural, religious, and its oppression of Tibet. Chairman PALLONE for their leadership economic, and linguistic repression inside I urge my colleagues to pass this important in helping to pass this group of bills Tibet and to begin a dialogue directly with His resolution. which will make a significant contribu- Holiness the Dalai Lama. Mr. VAN HOLLEN. Madam Speaker, today, tion to improving our environment and The freedom of press is something we take the 2008 Olympic torch arrives for the first the quality of our Nation’s health. for granted in the United States but Tibetans time on American soil. It almost didn’t make it. Regrettably, I was unable to return unfortunately do not enjoy this privilege, as all After violence erupted in Paris and London be- from Los Angeles in time to be a part press inside Tibet, and all of China in fact, is tween police and demonstrators protesting of today’s floor discussion. I am par- closely monitored and controlled by the state. Chinese human rights abuses, there were se- ticularly pleased, however, that the This resolution calls on the Chinese Govern- rious discussions about ending the torch’s Newborn Screening Saves Lives Act, S. ment to allow independent international mon- journey across the world before it arrived in 1858, as amended by my bill, H.R. 3825, itors and journalists, free and unfettered ac- the United States. was one of the public health bills that cess to Tibet. Despite ongoing complaints by the inter- passed today. It is clear by the conviction and sentencing national community about China’s human I extend my sincere thanks to my of human rights activist Hu Jia, who has been rights abuses—and its restrictions on free- colleagues, Congressman MICHAEL an outspoken critic of the human rights record doms of speech—China refuses to take cor- SIMPSON, TOM REYNOLDS, and HENRY of the Chinese Government and called on the rective action. WAXMAN for their original cosponsor- international community to hold Beijing re- This resolution is an attempt to pressure the ship of H.R. 3825, the Newborn Screen- sponsible for the promises it made when bid- Chinese Government to address international ing Saves Lives Act. Their commit- ding to host the Olympic games, that China concerns of human rights abuses in that coun- ment and steadfast efforts have helped

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2059 make possible the passage of this sig- tleman from Texas (Mr. POE) is recog- that when she woke up that morning, nificant piece of legislation. nized for 5 minutes. he was on top of her, covering her eyes In addition, I thank Senators DODD, Mr. POE. Madam Speaker, in the with his hands, and that he raped her ORRIN HATCH, HILLARY CLINTON, and early morning hours of March 2, 1998, 10 in her own bed. The victim said she EDWARD KENNEDY for championing the years ago, Patrick Kennedy of Jeffer- fainted and later threw up. Senate companion bill, S. 1858. son Parish, Louisiana, called 911 to re- A jury convicted Patrick Kennedy of I also thank the coalition of public port that his 8-year-old stepdaughter aggravated rape of his own 8-year-old health groups, especially the March of had been dragged from her garage to stepdaughter and sentenced him to Dimes, for working with us over the the side yard and raped by two neigh- death in Louisiana. Under Louisiana last 4 years on this critical issue. borhood boys. Kennedy told the 911 op- law, a person who commits sexual as- Madam Speaker, approximately 5,000 erator that he saw one of the boys sault of a child under the age of 12 is babies are born each year with detect- riding away from the house on a bicy- subject to the death penalty. Kennedy able and treatable disorders. Forty cle, so a sheriff’s deputy that was im- has appealed to the Supreme Court, years ago, these disorders would have mediately in the area responded to the and next week in Kennedy v. Lou- gone undetected until symptoms ap- complaint and started looking for the isiana, the Supreme Court will hear the peared. This resulted in otherwise pre- culprit, but he did not find the indi- case and decide if rape of a child is con- ventable deaths or lifelong suffering vidual. stitutional under the eighth amend- from disabling consequences such as The deputy noticed that the crime ment and whether it violates the cruel mental retardation and cerebral palsy. scene in the backyard was somehow in- and unusual punishment provision of Today we have the ability to give a consistent with rape, and he noticed the eighth amendment. newborn baby a simple blood test that that the dog was still sleeping undis- No one has been executed in the can identify many life-threatening ge- turbed in the grass. Be that as it may, United States for a crime other than netic illnesses before symptoms occur. Kennedy led the deputy to the victim, murder since 1964. Of 3,000 inmates on Fortunately, this early identification his stepdaughter’s bedroom, where she death row, only two face the death pen- makes it possible to treat babies in was lying on the bed wearing a T-shirt alty for nonhomicide, and one is Pat- time to prevent severe disorders, seri- and wrapped in a filthy, bloody cargo rick Kennedy. ous complications and even death. blanket. Yet tragically in the United States, Kennedy informed the deputy that he In addition to Louisiana, Georgia, approximately 1,000 infants a year die had carried his stepdaughter like an in- Montana, Oklahoma, South Carolina or are permanently disabled from these fant from the yard and placed her in a and Texas have laws allowing death treatable disorders. These preventable bathtub to clean her. But the deputy penalty for rape of a child. In 1977, the tragedies are largely due to the fact noticed there was no blood on Ken- Supreme Court decided that the death that our country lacks a national new- nedy’s clothes. sentence for rape of an adult woman born screening standard. Without a na- When the deputy tried to question was unconstitutional, but they never tional standard, our States have great the victim, Kennedy constantly inter- ruled on the issue of sexual assault and disparity and variation in the quality rupted and answered the questions for rape of a child. Thus, this case appears and number of newborn screening tests his stepdaughter. The victim said that before the Supreme Court. an infant may receive. she was trying to sell Girl Scout cook- Louisiana has interpreted the Su- Today’s passage of Newborn Screen- ies when the two neighborhood boys preme Court’s previous rulings not to ing Saves Lives Act is a major step to- dragged her from the garage and raped apply in Louisiana because the sexual ward correcting these disparities be- her on the grass nearby. assault was of a child and that is why cause it encourages States to uni- The victim was taken to Children’s this case appears before the Supreme formly test for and keep updated a sci- Hospital for emergency surgery to re- Court to make this decision. entifically recommended panel of dis- pair serious injuries to her body. At Madam Speaker, this crime is sense- orders. And it makes available the re- the hospital, the victim told hospital less. We can sometimes understand sources States need to expand and im- personnel and a psychologist that the why people commit the crime of theft, prove their newborn screening pro- two neighborhood boys had raped her, we can understand why sometimes peo- grams. but she finally told a family member ple commit the crime of burglary, and The Newborn Screening Saves Lives that Patrick Kennedy, her stepfather, even sometimes commit the crime of Act also has the potential to save mil- had assaulted her. murder, but there can never be a time lions of dollars in health care costs for The investigation began to focus on in our culture when we understand why families and States because it empow- Kennedy because his story did not a person rapes an 8-year-old girl. It is ers parents and health care profes- make any sense to the investigators. the ultimate crime of degradation. It is sionals with knowledge about the im- And then the police learned more about the ultimate type of torture, and it is portance of newborn screening and fol- Patrick Kennedy and who he was. Be- the ultimate crime against little girls low-up care. fore he called 911, Kennedy called his and their identity. It is worse than In addition, the bill requires the Cen- boss at a local moving company to say murder. And in this instance, the vic- ters for Disease Control to ensure the he wasn’t going to work that morning tim has a daily reminder of the crime quality of laboratories involved in new- and he asked a co-worker how to get that has ruined her life. It is an at- born screening and it establishes a sys- blood out of a carpet. The co-worker tempt to destroy not the life but the tem for collecting and analyzing data later indicated at trial that Kennedy soul of this victim. So justice must be to help researchers develop better de- sounded nervous, and he said his step- pronounced in this case. Society will be tection, prevention, and treatment daughter had ‘‘just become a young judged and the Supreme Court will be tragedies. lady.’’ judged by the way it treats the inno- Madam Speaker, by passing the New- Kennedy also called B&B Carpet cent among us. Hopefully this case will born Screening Saves Lives Act, this Cleaning at 7:30, 2 hours before the 911 be upheld by the Supreme Court. call, and he asked how to clean and re- Congress seized an opportunity to pro- And that’s just the way it is. tect vulnerable babies from undue suf- move blood stains from a carpet. Police fering and death and to give them a then found a 1-gallon jug of carpet f chance for a long and healthy life. Once cleaner and the bloody towels Kennedy again, I thank my colleagues for voting used to clean up his crime and hide the The SPEAKER pro tempore. Under a to pass this critical piece of public evidence. previous order of the House, the gen- health legislation. A forensic lab confirmed that the vic- tleman from North Carolina (Mr. JONES) is recognized for 5 minutes. f tim had no grass or soil stains on her clothes so she could not have been as- (Mr. JONES of North Carolina ad- RAPE OF A LITTLE GIRL saulted in the grass. The victim later dressed the House. His remarks will ap- The SPEAKER pro tempore. Under a told her mother that Kennedy had pear hereafter in the Extensions of Re- previous order of the House, the gen- raped her. At the trial, she testified marks.)

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2060 CONGRESSIONAL RECORD — HOUSE April 8, 2008 WASTE AND ABUSE the two is the concept in the BLM of The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a multiple use on the public lands. previous order of the House, the gentle- previous order of the House, the gen- And yet when our side tried to intro- woman from California (Ms. WOOLSEY) tleman from Utah (Mr. BISHOP) is rec- duce an amendment in the committee is recognized for 5 minutes. ognized for 5 minutes. to make sure that multiple use was one (Ms. WOOLSEY addressed the House. Mr. BISHOP of Utah. Madam Speak- of the key values of this new system, it Her remarks will appear hereafter in er, when I was first elected to Con- was defeated on a party-line vote. And the Extensions of Remarks.) when we went to the Rules Committee gress, my incoming class decided to f concentrate on the concept of exposing to try to bring this issue to the floor, it was once again defeated on a party- The SPEAKER pro tempore. Under a waste, fraud and abuse in national gov- previous order of the House, the gentle- ernment. I wish I was still doing that line vote. The only difference between BLM and woman from Ohio (Ms. KAPTUR) is rec- because with all due respect, I have National Park Service is this concept ognized for 5 minutes. struck the mother lode of waste, fraud of multiple use, and yet this is one (Ms. KAPTUR addressed the House. and abuse. issue that is specifically eliminated Her remarks will appear hereafter in Tomorrow we will debate on this the Extensions of Remarks.) floor under a rule a perfect example of from the bill that will be in discussion abusing taxpayers, fraud on taxpayers, tomorrow. This bill is supposed to take f the status quo and make it permanent; and wasting of taxpayers’ money. The SPEAKER pro tempore. Under a Less than 10 years ago, Secretary and yet all of the problems inherent in previous order of the House, the gen- Babbitt established an organization the status quo are not solved by this tleman from Illinois (Mr. WELLER) is called the National Land Conservation particular bill. We have great issue recognized for 5 minutes. System. He said it was his idea, his with private in holdings on these lands, (Mr. WELLER of Illinois addressed hope, to move from what he called the none of which is addressed. the House. His remarks will appear We tried to make sure that those ‘‘Bureau of Livestock and Mining,’’ hereafter in the Extensions of Re- people who like to recreate on these which was actually his legal responsi- marks.) lands, that no boating, no shooting bility, to what he wanted to be, a bu- areas would be diminished if this went f reau of landscapes and monuments. He into effect, and once again that issue The SPEAKER pro tempore. Under a wanted this organization to emphasize was rejected on a party-line vote and previous order of the House, the gen- and recognize the crown jewels of the not even allowed to be discussed on the tleman from Oregon (Mr. DEFAZIO) is Bureau of Land Management. House floor. recognized for 5 minutes. One has to ask: How does one actu- (Mr. DEFAZIO addressed the House. b 2045 ally recognize and emphasize the crown His remarks will appear hereafter in jewels of the Bureau of Land Manage- We talked about potential border se- the Extensions of Remarks.) ment? curity, and an amendment will be In hearings, we asked the bureau granted tomorrow that says we will do f spokesman if before this entity was es- nothing to change what we are doing The SPEAKER pro tempore. Under a tablished, was the Bureau of Land on border security on these lands previous order of the House, the gen- Management incompetent in handling which are part of our border, and that tleman from Indiana (Mr. BURTON) is these goals, or of emphasizing and rec- is, indeed, one of the problems because recognized for 5 minutes. ognizing these lands. And the answer it’s not the status quo we want. It is (Mr. BURTON of Indiana addressed was, obviously, no. change that needs to be done. the House. His remarks will appear So the question once again is: Why This area is sometimes called sarcas- hereafter in the Extensions of Re- do we want tomorrow to codify and tically the Trail of Amnesty, where it’s marks.) make permanent this entity which is estimated that every year a quarter of f at best redundant and is at worst sim- a million people will go through, those The SPEAKER pro tempore. Under a ply a waste of taxpayers’ money, be- who are most of the worst in the previous order of the House, the gen- cause you see, this new entity doesn’t human traffickers, the drug dealers tleman from California (Mr. GEORGE appoint anyone. It doesn’t fire any- and some of our gang members. MILLER) is recognized for 5 minutes. body. It doesn’t write or remove regu- There is one ranch that is near this (Mr. GEORGE MILLER of California lations. It doesn’t administer or regu- area; already in a short period of time addressed the House. His remarks will late. It doesn’t do anything except cost has been burglarized 16 times even appear hereafter in the Extensions of the taxpayer $50 million a year to run though he has iron bars on the window, Remarks.) it. a security system. When he’s on horse- The best argument that the pro- back riding his ranch he finds needles, f ponents of this bill will have is that it baby clothes, two skulls, four dead bod- The SPEAKER pro tempore. Under a doesn’t change anything. In essence, it ies. No Country for Old Men looks like previous order of the House, the gen- does nothing to an entity that does a soap opera compared to this terri- tleman from Colorado (Mr. TANCREDO) nothing; so why do it. tory. is recognized for 5 minutes. Another of the great arguments is it It is not the status quo we need to do. (Mr. TANCREDO addressed the won’t cost us a dime, except when the It is change that is essential. And once House. His remarks will appear here- sponsor was asked in his State news- again, nothing like this happens. When after in the Extensions of Remarks.) paper whether this new system would we write fuzzy and vague language we f have more funds and regulations, his invite lawsuits against the Federal The SPEAKER pro tempore. Under a response was, ‘‘Well, you’ve got to es- Government. previous order of the House, the gen- tablish the system, and then you go to We’ll have an amendment tomorrow tleman from Kansas (Mr. MORAN) is to try to eliminate or at least limit the step two.’’ recognized for 5 minutes. In what actually is being purported kinds of potential lawsuits we have. We (Mr. MORAN of Kansas addressed the as something that doesn’t really will see what happens because, once House. His remarks will appear here- change anything, my fear is this bill again, that was rejected in the com- after in the Extensions of Remarks.) might actually do something. mittee. The Department of Interior ten- This national land conservation sys- f tatively supports this proposal because tem should not be codified and made The SPEAKER pro tempore. Under a it says it helps them to maintain the permanent; if anything, it should be previous order of the House, the gen- basic difference between a national eliminated as a $50 million example of tleman from Utah (Mr. CANNON) is rec- park and a national monument on BLM waste, fraud and abuse. The dream of ognized for 5 minutes. land as opposed to a monument or park Secretary Babbitt is really an expen- (Mr. CANNON addressed the House. on National Park Service land. And the sive millstone around the neck of all His remarks will appear hereafter in key element in the difference between taxpayers in this country. the Extensions of Remarks.)

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2061 CONFLICT IN THE MIDDLE EAST plained that the surge that we enacted ices Committee and the Committee on The SPEAKER pro tempore. Under in January of 2007 is, indeed, working. Foreign Relations of the United States the Speaker’s announced policy of Jan- And what they said last September is House of Representatives. And they, uary 18, 2007, the gentleman from Geor- that we need to give it a chance. Madam Speaker, know of what they gia (Mr. GINGREY) is recognized for 60 Indeed, if you made an analogy to a speak. minutes as the designee of the minor- sporting event, you might say that And what we’re going to do is break ity leader. we’re in the fourth quarter of a tough it down, as I say, into four areas of dis- Mr. GINGREY. Madam Speaker, I game, and at times, indeed, January of cussion. The first area would be to talk thank you. And it’s indeed an honor to 2007 and several months before that, it about where are we today? What dif- be here tonight to talk with my col- did appear that we were losing. Mem- ference has a year made? Actually, it’s leagues about something that’s going bers of this body and the other body in a little more than a year. January of on in the world today that is of huge leadership positions made some pretty 2007. But it took until October, just import. And no, I’m not talking about drastic statements, even to the extent this past fall, to get all of the addi- who was the victor in the NCAA Final of saying the war’s lost, it’s hopeless, tional troops and their support, Four Basketball Tournament. it’s a hopeless situation; we need to logistical support into the theater. And I’m not here to talk to my colleagues just pack up and come home. you really couldn’t expect a lot of about who might be the winner this But General Petraeus and Ambas- change in the battle until we got the year of the American Idol contest, as sador Crocker, last September told us, full force of those 30,000 additional we get closer and closer and that draws no, that is not the case because we did troops. And you, ladies and gentlemen, the interest of so many of television change courses. We listened to the rec- my colleagues, we all refer to that as viewers throughout the country. ommendations of the Iraqi Study the surge. And this was what was rec- What I’m talking about tonight, Group, co-chaired by a very prominent ommended by General Petraeus. Madam Speaker, is probably the most Democrat and Republican, and we lis- And so we’re going to talk about it, important thing that this country has tened very carefully to their rec- what a difference a year makes, and on its plate in a long, long time, and ommendations in regard to what need- talk about some of the statistics about that is the situation in the Middle East ed to be done. And this surge of about overall violence and progress. And the and what’s going on in Iraq and Af- 30,000 additional troops has certainly statistics don’t lie. You can’t put spin ghanistan and how important that con- given us the opportunity to regain con- on numbers. Numbers are what they flict is, not just to this country and its trol and get the upper hand against are. And I think the numbers, when we citizens, but the region in the Middle these Islamic extremists and thugs finish this special order hour, Madam East and, indeed, the entire world, that could, and would, and are deter- Speaker, I think my colleagues will Madam Speaker, as we continue to mined not only to destroy Iraq, but to agree that by any standard, any param- wage, as we have for the last 51⁄2 years, make that country the base of their eter, any metric that I talk about, this battle, this war against global ter- support. And, yes, of course I’m talking you’d have to say that the surge that rorism. And ground zero, Madam about al Qaeda. was essentially envisioned, planned by Speaker, make no mistake about it, Anyone who thinks, Madam Speaker, General Petraeus, is, indeed, working, ground zero is in Iraq. that Iraq is not ground zero now for al maybe even far better than he ex- Today our commander there, of the Qaeda simply is ignoring the words of pected. multinational force Iraq, General Osama bin Laden. And the second thing that I’ll talk David Petraeus, and the United States So we are, as General Petraeus and about is, what would victory look like? Ambassador, Ambassador to Iraq, Am- Ambassador Crocker said, we are at a You know, we’re on track. We’re not bassador Ryan Crocker, are here in very critical point. And today, the evi- there yet. I think it would be presump- Washington, D.C. to testify before both dence will show, and during this next tuous, maybe even naive of me to say the United States Senate and in this 45 to 60 minutes of time that me and that we have victory in our grasp, or to chamber, the United States House of some of my colleagues on our side of suggest that the mission is over, we Representatives, to the Armed Services the aisle will have to discuss this, we won. No, we’re not there yet. Committee of both the House and the are going to present the evidence that And I think the violence that broke Senate, and to the Foreign Affairs we are succeeding. We have not won out recently in Basra, the second larg- Committee of both bodies. General yet, but we’re ahead in the fourth quar- est city in Iraq, after Baghdad, the port Petraeus and Ambassador Crocker ter, and this is certainly not the time city where every drop of oil that’s spoke to the Senate today in a full, to pull our team off the field and say, taken out of the ground, those 21⁄2 to 3 long day of testimony, and they will be well, you know, they’re tired, they’re million barrels a day from the reserves speaking tomorrow to the House com- stressed; the ranks are thin. It’s cost us in the country of Iraq, they flow out of mittees that I just mentioned. too much money. And hey, you know, that port at Basra. And there’s been a Madam Speaker, along with yourself we may have some conflict break out lot of violence there. And, you know, and many other very fortunate Mem- somewhere else in the world, and we that’s some disappointing news after bers of this House of Representatives, I have to be ready for that. Maybe 6 we have had a string of several months do serve on the Armed Services Com- months from now, maybe a year from of good news and great statistics. mittee, and I certainly look forward to now, maybe 10 years from now. But we know from that little wake- hearing from these two great men who So this approach, strategy of giving up call that there’s still a lot of work have served so well and for so long in a up something that we have almost to be done. Unfortunately, as has been difficult part of the world, and also to won, after sacrificing 4,000 killed in ac- the case in so many conflicts through- have the opportunity to ask some ques- tion, and closer to 20,000 of our brave out the course of the history of our tions, and I’m sure some of them will men and women severely wounded, and country, we have had to take the lead be tough questions, hard questions for an untold number, maybe as many as so many times. And we have had strong Members of both political bodies, both 100,000 Iraqi civilians who have also allies, certainly, the Brits have been a the majority and the minority. given their lives for the cause, it great ally of ours throughout history, So, as I say, this opportunity to- makes no sense to this Member, and continue to be. But the fact is that night, on behalf of my party, the Re- Madam Speaker, that you would give they’re citizens are, they’re not as sup- publican minority, to take this hour up at such a critical, crucial time. portive, maybe, from time to time, as and talk about this and try to explain So what we’re going to talk about to- we would like for them to be. to my colleagues that this is really, we night is really four things. I want to are at a critical point in this war in the concentrate on four things. And as I b 2100 Middle East. And we have an oppor- say, hopefully, a number of my col- And it’s very difficult for their par- tunity, as I’ve felt for a long time, as I leagues will be able to finish up their liament to keep troops as part of our felt last September when General previous engagements and be here with multinational force. There are some in Petraeus and Ambassador Crocker first me on the floor, because these Mem- Basra, but something like a thousand came before the committees and ex- bers are members of the Armed Serv- British troops were removed from that

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2062 CONGRESSIONAL RECORD — HOUSE April 8, 2008 critical area, which they have had re- Mrs. BLACKBURN. I thank the gen- achieve our fundamental objectives in sponsibility for since day one of Oper- tleman from Georgia, and Mr. Speaker, Iraq through the establishment of a ation Iraqi Freedom. A lot of those he just touched on something I think is peaceful, stable, secular, democratic troops were brought home for political so very important. State which will be a reliable ally in reasons in September of 2007, and it Every once in a while, we need a the struggle against both Sunni and weakened our situation in Basra. We wake-up call, and I think that is indeed Shiite terrorism. Establishing this ally are paying the price today, I think, be- true. And today has been a very serious would allow America to reorient our cause of that, but we will talk about day. This week is a very serious week position in the Middle East away from these statistics, and we will certainly here on Capitol Hill. And as I entered a position that relies on anti-demo- talk about what victory would look the Capitol again this evening to par- cratic States to a position based on a like. ticipate in our Special Order hour, I strong democratic partner whose citi- The third point that I am going to was struck by this stillness of the sur- zens have explicitly rejected al Qaeda ask my colleagues to discuss, and I will roundings, the serene feelings of the and terrorism in general and have cho- discuss as well, is the fact that despite Capitol as you walk in and as you look sen freedom. these overwhelming statistics and the at the paintings and at the statues, Today, General Petraeus reported to progress that we’ve made, there are making my way over to the chamber, the Senate on his progress. Tomorrow, Members in this body, in this town, the reminded of those who have loved this the House will hear from the general. media, voices, that say and continue to Nation and loved the freedoms that we What we’ve learned so far is that lev- say, it is not worth it. It is not worth all enjoy and that allow us to stand in els of violence and civilian deaths have it. It is not worth the lives that we this chamber and participate in debate been reduced substantially. Al Qaeda have sacrificed. It is not worth the and to bring forward ideas and talk Iraq, and other extremist elements, money that we’ve spent. Even achiev- about what is a good idea and what is have been dealt serious and damaging ing victory is not worth it. We need to a bad idea. blows. The capabilities of the Iraqi se- And indeed, as the gentleman from bring the troops home and spend that curity forces have grown. Indeed, the Georgia said, every once in a while we involvement of local Iraqis and local money on social welfare programs, on need a wake-up call and a reminder security has been noteworthy. The health care for everybody, and maybe a that freedom is an idea that definitely forces are growing, and indeed, the $5,000 tax rebate for every man, has served this Nation well. It, Mr. Iraqis have carried out their own surge, woman, and child in the country. There Speaker, is an idea that serves all of Mr. Speaker. are other things that we could do to the nations of the world very well. It is Americans are well aware the addi- spend that $10 billion a month that this something that people all over the tional U.S. forces that deployed to Iraq war is costing us. Now, I want to talk globe seek to have. as part of the surge and our great Na- about that, and we will get into it. We have had discussion on this floor tion’s part there. What is less under- And then lastly, and maybe most im- tonight about Tibet and the desire stood well is that Iraqi forces surged, portant tonight, we will talk about the there to live in freedom, to worship adding over 100,000 additional soldiers consequences of failure, the con- freely. Many of us have watched the and police to their very own security sequences of withdrawal, which I am Iraqi people move forward with elec- forces in 2007. absolutely convinced, if done pre- tions freely and willingly. Some of us There has been a shift in attitude maturely, will lead, inevitably, to fail- travel to other nations to participate among certain elements of the Iraqi ure. as we watch people seek to go in large population. The Sunni communities in So we will conclude by talking about numbers to the ballot box in their na- Iraq increasingly have rejected al the consequences of that. And I think, tion to freely vote. Qaeda’s indiscriminate violence and ex- as my colleagues listen, it will be quite I was struck a little bit earlier today, tremist ideology. They recognize that sobering to them as they think in their and I think it was more or less a wake- they cannot share in the new Iraq if mind and understand, and this is an in- up call for me, Mr. Speaker. I stood in they don’t participate in the political telligent body of 435 great Americans, the shadow of the Capitol on the Sen- arena. That, Mr. Speaker, is a major of people who have served this country ate side with a group called Vets for step forward. well and representing their districts Freedom. I have had the opportunity to Over time, these awakenings have well, but sometimes we need a wake-up spend some time with them as they prompted tens of thousands of Iraqis, call. Sometimes we really, Mr. Speak- have told their stories about the suc- some former insurgents, to contribute er, need a wake-up call. And that’s why cess, the success stories, if you will, of to local security as sons of Iraq. There we do these Special Orders on both what is happening on the ground in are 91,000 sons of Iraq Shia, as well as sides of the aisle. Iraq. And today they were joined by Sunni, under contract to help coalition But tonight, I don’t think there real- Senator MCCAIN, Senator LIEBERMAN, and Iraqi forces protect their own ly is anything more important to talk and other Members of the Senate, sev- neighborhoods. Again, they are taking about than the situation in the Middle eral of us from the House, including the lead. East, and I’m proud to have this oppor- one of our most distinguished Members Al Qaeda’s leadership, who still see tunity, and it’s a great honor and a and a former prisoner of war, SAM Iraq as the central front in a global privilege. JOHNSON, the honorable gentlemen strategy, send funding, instructions, I see my colleague from Tennessee, from the great State of Texas. and foreign fighters to Iraq. Iraq’s one of my classmates who joined with And it was amazing to stand there ethno-sectarian conflict in many areas me in the 110th Congress. We were both and look into the faces of these vet- is taking place through debate rather elected in 2002. We both had served, me erans who have been willing to put it than through violence. That is another in the State of Georgia, she in the all on the line for freedom, to put it all turn that we have seen. Security inci- State of Tennessee, in the General As- on the line to protect this great Na- dents are at a level not seen since early sembly; and we are part of a proud tion. And then to give actions to, 2005, and civilian deaths have decreased group of, I think there were 53 fresh- again, to the actions they’ve carried to a level not seen before the mosque man back in 2003 as we got here. And out, to the words and the stories bombings in 2006. we all, I’m sure, felt like we had the they’re telling, and again, to take an Mr. Speaker, these are all items that answers to all problems and that we action of coming here and coming to are being reported to us of successes, were going to solve all of the country’s the Capitol and meeting with the Mem- military successes, that are taking problems and the world’s problems. bers of this body and to stand and sup- place; and indeed, the gentleman from And I can tell you that we haven’t, but port General Petraeus and Ambassador Georgia has mentioned some of these, we haven’t given up, and we will con- Crocker as they reported to our Na- has touched on some of the trends that tinue to work hard. tion, to say we’ve been there, we’ve we are seeing; and I know he’s going to So it’s an honor to be joined now by carried out the heavy lift, and indeed, spend a little bit of time this evening the gentlewoman from Tennessee, my freedom is worth the fight. going back and looking at these steps good friend and outstanding Member, They’ve also made it very clear that that tell the story of what is happening MARSHA BLACKBURN. America now has the opportunity to on the ground.

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2063 And as we see this take place, we see Mrs. BLACKBURN. I thank the gen- same thing, again, the statistics that a population that is, indeed, beginning tleman for yielding. And he’s exactly we promised to present at the outset of to feel safe to leave their homes. And right. Security on the ground, a secure the hour, to show you what a difference once you’re safe to leave your home, and stable environment. And that is a year makes. then you can start to work to make what the counterinsurgency strategy And this slide, my colleagues, says certain that your neighborhood is safe has been about, and the results that it ‘‘High Profile Attacks,’’ basically ex- and then you make certain that your has yielded. plosions. And the blue line is the total. province is safe. All of this leads to a As we have just discussed, indeed, The next, I guess you would call that safer and free Iraq. and as Americans know well, we had a the brown graph, is car bombs. The red We know that the Iraqi parliament is surge from our troops. The Iraqis also is suicide car bombs. And then on the making some progress, and as the gen- carried out their surge, and what it has bottom is suicide deaths. But this is a tleman from Georgia detailed some of yielded is an environment where not total. And that’s where the rubber the stats tonight, these are going to be only we saw the military progress, but meets the road in these statistics. items that will be included as we look. also where political progress can take And again, about a year ago, you Mr. GINGREY. The gentlewoman re- place. And there are some wonderful were talking about attacks occurring members, I think we all remember, lessons learned here. in the range of 125 a day. And until this hopefully, that last year the Congress I think that one of those, when we recent outbreak in Basra, they were asked for the Iraqi government to meet are in Iraq visiting with our troops and down to about 40 a day. So, again, as I certain benchmarks. And this is ex- working with some of the Iraqis and said at the outset, by any measure, by actly what Representative BLACKBURN helping to mentor some of the women any parameter, any metric you want to is talking about now in regard to cer- that we have mentored over there, one take, the success of the surge is obvi- tain laws that their parliament would of the things they will tell you is, we ous. need to pass. It was sort of like a, you are so glad that you have not left us. Mrs. BLACKBURN. If the gentleman know, we’ll only continue to help you Thank you for not leaving us. We know will yield. if you promise by a date certain that people are frustrated. We know there Mr. GINGREY. I will be glad to yield. you will have provincial elections, that are no guarantees. But we also know I will make one further point, and then you will pass a de-Ba’athification law, that it is important that we keep at it. I will yield to the gentlewoman from which essentially meant that those It’s not going to happen overnight. And Tennessee. Sunnis, those brave soldiers that we thank you, thank you for not leaving. These success stories you don’t see are calling now and referring to as sons We fear what would happen if you left. on the nightly news. I think it was Ann of Iraq, and as I say, mostly Sunnis, And they are, as the gentleman from Murray that sang a very famous hit a that they would have an opportunity to Georgia was saying, Mr. Speaker, they number of years ago, and I think the be included, maybe to be officially a are seeing progress. The Iraq par- title of that was ‘‘A Little Good News part of the Iraqi security force. liament is seeing progress. And as the Today.’’ You don’t hear about good So the government had to get over gentleman just listed some things, and news because, by definition, it’s not the fact that there was this rivalry, if let me touch on them again, a pension news. It’s only mayhem and violence you will, between the Shias in the ma- law for regime officials, that has hap- and killings and rapes and people put- jority and the Sunnis in the minority pened. De-Ba’athification reform, that ting their children in the trunk of a car and the Sunnis led by the brutal dic- has been carried out. An amnesty law, and leaving them there for a day as a tator. Saddam Hussein had suppressed, provincial election laws. And as he disciplinary action for some minor in- oppressed, murdered so many of the said, the sharing, the national govern- fraction. These are the kind of things Shias for so many years of his reign of ment now sharing oil revenues with the that are on the front pages of our news- terror that it’s difficult to all of a sud- provinces, something that a year ago papers and on the 24-hour news service. den reach out an olive branch, but many people said, it will never happen. They only talk about it when there’s that’s what we asked them to do in re- But, here we are, and yes, indeed, it all violence. Unfortunately, there’s not gard to de-Ba’athification, and I think is beginning to take place. much credit given to a little good it’s important. And also asking them I yield back to the gentleman from news, in fact, a lot of good news. to share the oil revenue with all parts Georgia. I yield to the gentlewoman from Ten- of the country, not just where the oil is Mr. GINGREY. Well, again, I thank nessee. found in the oil-rich Kurdish region but the gentlewoman from Tennessee. And Mrs. BLACKBURN. I thank the gen- also in the west where there’s very lit- I would like to reemphasize the statis- tleman for yielding. tle oil and in the south as you have tics that she was talking about that we And he has shown us some great sharing. said at the outset, Mr. Speaker, of this charts, civilian deaths, the coalition b 2115 hour that we’re going to talk about data, the high profile attacks with the So that’s what the gentlewoman is what a difference that a year makes suicide car bombings, the car bombs, talking about, and I yield back to her. and present those statistics, how par- the suicide attacks, the weapons I just wanted to say that, and I’ll ticularly violence has decreased. And caches that are found and cleared. And make this one last point before I yield Representative BLACKBURN has already when you look at the fact that we are back, if the gentlewoman will bear talked about that. finding many more weapons caches with me just a second. It was said that But I would ask my colleagues to ref- than we were and when you look at the those benchmarks needed to be met be- erence this first slide in regard to its fact that the attacks are down and the fore we would provide additional troops title. This is a little difficult to see in deaths are down, you have to ask, how and security and help stabilize things the back of the Chamber, but ‘‘Civilian did this happen? And the way it has on the ground. But you couldn’t have Deaths.’’ And it is amazing, if you look happened is our men and women in uni- an effective parliament, an effective at this top line going back to January form, and God bless them all, and I government until the people on the of 2006 and then coming forward almost think about my constituents from Fort ground, in the towns, in the villages to present day, March of 2008, and you Campbell who are deployed right now, felt that their new government that see that about the time of the surge, who are in both Iraq and Afghanistan, they voted for could protect them, that that peaked the civilian deaths. We’re but the men and women in uniform had the ability, had the military talking about on an almost monthly who are taking the lead and who are strength, had the training that they basis, 4,000 civilian deaths. I think if gaining the trust of the Iraqi people felt secure and that they could go for- you follow the line down, that would be and of the Iraqi forces and of the Sons ward with this government. So the pro- about January or February of 2007. And of Iraq. And it is our men and women vision of security on the ground was in March of 2008, at the far side of the in uniform, as they gain this trust, and first and foremost, and that’s what the chart, you’re looking at a number just as the Iraqis know we’re not going to surge was all about. slightly over 600. So to go from almost quit, they are telling them, this is I yield back to the gentlewoman from 4,000 deaths to 600. And I have some ad- what I know, this is where you go to Tennessee. ditional charts to basically show the root out this evil person, this is where

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2064 CONGRESSIONAL RECORD — HOUSE April 8, 2008 you go to root out this weapons cache, the successes of our military. But it merly a Member of this body, the this is where you go to get this infor- must not be based on artificial House of Representatives, and now mation. Because they know that we are timelines proposed by politicians in serving so well in the United States their partner in success and we are Washington as opposed to the consid- Senate, asked this question of General their partner in freedom. ered judgment of the commanders in Petraeus: ‘‘Is it fair to say that when And it really begs the question, and the field. History will not forgive us if Muslims will stand by us and fight as I visited with some of the veterans we choose to lose a war we can win. against bin Laden, his agents and sym- that have come to spend some time Precipitous withdrawal now means pathizers, that we’re safer? Is it fair to with us today, this really begs the future generations of Americans and say that?’’ question, when you look at the data Iraqis will be forced to pay for our giv- b 2130 and when you have this discussion, can ing up victory at a time when we are we afford to give up on a war where we not only achieving success, but when And General Petraeus’s response: are winning, that our military men and the people of Iraq themselves are rising ‘‘Absolutely.’’ It only took one word, women tell us that they are seeing up against the influence of terrorists my colleagues, ‘‘absolutely,’’ we are some successes every single day? Can and sectarian ideals in order to create safer. you afford to give up? And how would an Iraqi state based on self-determina- And Ambassador Crocker responded history remember it if you did give up? tion and freedom. this morning in a similar manner, and I yield back to the gentleman. The right thing to do is to support let me give his quote: ‘‘In the little Mr. GINGREY. And I thank the gen- our service men and women and Gen- over a year that I have been in Iraq, we tlewoman from Tennessee for those eral Petraeus in their mission in Iraq. have seen a significant degradation of very intelligent remarks and under- I, too, would like to bring our troops al Qaeda’s presence and its abilities. Al standing of what is going on. She has home, but not at the price of providing Qaeda is our mortal and strategic added so much to this hour. a safe haven for terrorists and allowing enemy. So to the extent that al We’re getting into the final third of terrorists to claim victory. Qaeda’s capacities have been lessened our time. And I’m very pleased that To quit now would be a disservice to in Iraq, and they have been signifi- one of my colleagues, a freshman, it’s those who have sacrificed in so many cantly lessened, I do believe that hard to believe, Mr. Speaker, indeed, ways, but especially to America’s sons makes America safer.’’ And this is the that he is a freshman because his wis- and daughters who have given so much, direct quote from Ambassador Crock- dom is far beyond that. He serves with and in some cases paid the ultimate er’s testimony this morning before the me on the Armed Services Committee. price for our security and the freedom Senate Armed Services Committee. He will be there tomorrow when Gen- of the people in Iraq as well. We will get into now the third point eral Petraeus and Ambassador Crocker So I join with my colleague from that I said, Mr. Speaker, at the outset testify to us, to the House Armed Serv- Georgia. I, too, look forward to listen- of the hour that I wanted to emphasize, ices Committee. ing to the two gentlemen tomorrow, and that’s the question of is it worth At this point, I would be happy to General Petraeus and Ambassador it? Despite the progress that we have yield to the gentleman from Colorado, Crocker, as they describe what has talked about tonight that General Representative DOUG LAMBORN. been going on. And I look forward to Petraeus told the Senate this morning, Mr. LAMBORN. I thank the gen- the opportunity to ask questions and there are those who would ignore that tleman from Georgia for his kind intro- get to the bottom of things that are progress and still as they did last Sep- duction and for his leadership in bring- going on. But I know that I can say tember. Maybe it was a more credible ing this issue before the American peo- what I’ve just said now with full con- argument then. Of course, they were ple tonight. I also thank the gentlelady fidence because I’ve been watching making it before the surge had even from Tennessee for her intelligent re- what’s happening in the news and I’ve gotten there, not really giving it much marks as well. been getting the reports up until now, of a chance. But today to argue for im- Mr. Speaker, I rise to support and just as my colleague from Georgia has. mediate withdrawal and to give up, to recognize the tremendous efforts of the I yield back to the gentleman from snatch defeat literally from the jaws of men, women and leaders of our Armed Georgia. victory, that’s basically what they’re Forces. The progress made in Iraq is Mr. GINGREY. Well, I thank the gen- saying: It’s not worth it. It’s not worth undeniable. The surge is working. And tleman from Colorado for being with it. It’s time to quit. And this is what as General Petraeus said today before us. And I hope that if time permits, he General Petraeus said this morning, the Senate Armed Services Committee, can remain with us for some of the ad- another quote, and I share it with my the men and women of Iraq and Iraqi ditional time. I would be happy to yield colleagues: Security Forces have themselves to him if you’ll just let me know. But, ‘‘I do believe it’s worth it. I took on surged, determined to make Iraq a safe, again, he is a member of the House the task,’’ and just like General secure and self-determined nation. Armed Services Committee, and in- Petraeus he would say this, ‘‘the privi- The surge in Iraq is working, but deed, he knows of what he speaks. lege of command of Multi-National America’s job is not complete. We must Mr. Speaker, and my colleagues, the Force Iraq because I do believe that it’s continue our mission until true free- testimony today that went on with the worth it and I do believe the interests dom and stability are obtained in Iraq. Senate Armed Services Committee was there are of enormous importance, To stop or pull back now would be irre- very telling. We are all busy on this again, to our country, not just the peo- sponsible and reckless, risking Amer- side of the Capitol with committee ple of Iraq and the people of that re- ican and Iraqi lives and the national meetings and other responsibilities, so gion, and the world.’’ That’s a quote security of both nations. you don’t have the time to sit there taken from General Petraeus’s testi- Reducing our presence in Iraq at this glued to the television set and watch mony this morning. point would quickly undo the valuable every single member ask questions of I am pleased at this time, Mr. Speak- progress that has taken years to General Petraeus and Ambassador er, to yield to another one of my class- achieve. As General Petraeus said be- Crocker. But I was able, on occasion, to mates, the gentleman from Iowa, Rep- fore the Senators, it is a fragile situa- hear some of the dialogue and the ex- resentative STEVE KING. Representa- tion, and it is easily reversible. To pull change. And I want to share just a lit- tive KING is not only on the Armed back now would communicate to ter- tle bit of that, Mr. Speaker, with my Services Committee, but I do believe rorists that America has given up and colleagues at this time. And this post- he’s on the Committee on Foreign Af- does not have the stamina or commit- er, this slide that I have, you can ref- fairs. And he is extremely knowledge- ment to persevere in the global war on erence what I’m talking about. able about foreign affairs, about na- jihadist terror. Senator LINDSEY GRAHAM, the senior tional defense, about so many critical The decision on when to reduce the Senator from the great State of South issues. So it’s indeed a pleasure to wel- presence of our troops must be based Carolina where I spent most of my come this evening another of my class- on winning the peace for the people of youth, I live and represent Georgia mates, the distinguished gentleman Iraq, not political whim that overlooks proudly now, but Senator GRAHAM, for- from Iowa, Representative KING.

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2065 Mr. KING of Iowa. I thank the gen- leagues, Mr. Speaker, you will be hear- their freedom. The second thing is tleman from Georgia and appreciate ing from them. We will all be hearing we’re not there for the oil, or we would your yielding, Mr. GINGREY. from them. I did today. The members have taken it by now. We want the Mr. Speaker, I come to the floor to- from Georgia that are part of the Vet- Iraqi people to live and breathe free. night to join with my colleagues to erans For Freedom are here, and Yesterday I had a lunch with an indi- raise our voices in unison in support of they’re going to make sure that we vidual who was instrumental in bring- our Commander in Chief and the Com- hear that message loud and clear. ing Benazir Bhutto to Iowa as she gave mander of the Iraqi forces, General And I yield back to my friend. a keynote address shortly after Sep- Petraeus, with whom I have had a sig- Mr. KING of Iowa. I thank the gen- tember 11. I sat down with her on a nificantly long working relationship tleman from Georgia. And I just left a couch afterwards one on one, and I for quite some time, and for all the table of marines that are all on mul- asked her, How do we get to the point troops that have fallen in line behind tiple tours of duty in Iraq or Afghani- of victory? How do we defeat al Qaeda the Commander in Chief and behind stan, and a couple of them were deco- and our enemy? General Petraeus all the way out rated with Purple Hearts and serving And her answer was, You’ve got to across the board. in places like Fallujah. And you look give them freedom. You’ve got to give I have personally made five trips to them in the eye, and you see what them a chance at democracy. If you do Iraq. I’ve been to Afghanistan. Each they’re asking us to do: Just back us. that, they’ll change their focus from time that I go over there, I stop in at Just stand behind us. Don’t undermine hatred towards taking care of their Landstuhl. I visit the wounded. I see us. Stand behind us. families, their communities, their the price that’s being paid. I see the I take us back to the Vietnam war. I neighborhoods, their jobs, and their dedication in their eyes. And I believe picked up the book written by General mosques. it’s a little stronger in the eyes of Giap, who was credited with what they And I look back on that conversa- those at Landstuhl than it is in those call their victory for the Vietnamese, tion. Sadly, we have lost her, her voice who are standing at attention in Iraq for North Vietnam. In that book on for freedom, but there is a piece of wis- or those that are on duty in Iraq. But page 8, as I recall the page, page 8, dom in that that the American people all them, all of them, have put their there’s a little phrase in there where he need to understand. Iraqi people are lives on the line. They are all volun- says they got our first inkling that we now breathing free. They weren’t free teers. could defeat the United States when we before. The Afghani people are breath- And I think back to a time at a saw that they didn’t press for a total ing free. They weren’t free there ever. Thanksgiving dinner in Baghdad actu- victory in Korea. A negotiated settle- Today there are 50 million people that ally, and the command sergeant major ment in Korea gave Vietnam the inspi- are free because of the sacrifice of U.S. gave me that look that was like I’d ration to fight the war against us not and coalition troops and because of the like to talk to you off on the side. And only on the ground in Vietnam, where inspiration that we provide for the I walked over to the side, and he said, they paid multiple prices in lives be- world, and that is a very big thing to I know war is expensive, but we’re all yond ours, but to do it in the public hand on to the next generations. volunteers here. We are not just volun- airwaves across the country. The pro- And as we watch the Bush adminis- teers for this mission. We have volun- tests that went on in the streets here tration move towards that last month teered for the military. We’ve all re- and across in Europe were all part of in office, and we have many months to upped since the beginning of this war, their war strategy. The liberal media go yet, but when it gets to that point, and we all knew that we had a very undermining the effort was all part of I’m going to say this: I believe history high likelihood of being deployed here. their war strategy. That doesn’t mean will treat President Bush a lot more We want to come here. And I volun- they called the shots for the media, but kindly than the media has treated him teered for this because I want to take they were complicit in this. And as the in this time when they write objec- this fight from my children and my will of the American people was broken tively what it means to have the grandchildren. I want it done in my down by biased information and some- strong leadership in the Commander in time. I know war is expensive, but you times misinformation, they understood Chief, to have an all-volunteer military can’t say ‘‘no’’ to us. You cannot pull this: The bottom line in the book Prin- that’s doing a better job than we could us out now, not after this sacrifice, not ciples of War by von Clausewitz, a sum- have ever asked anybody to do, and this time. We have got to finish this mary of his analysis is the object of they say let us finish our task. The fight that’s before us. war is to defeat the will of the enemy. Iraqis say let us finish our task. And that’s a conversation I will So the voices that come out from They’re paying their price. We need to never forget, and I will never forget the this side of the aisle, Mr. Speaker, are hold up our end of this bargain, and we look in his eye as he delivered that to the voices of defeat, not the voices of need to support General Petraeus. me. That’s some of the best that we victory. They are undermining the will And I yield back to the gentleman have, our command sergeant majors. of the American people. The press is from Georgia, and I thank him. And this one fried that into my mem- playing into that. We should be stand- Mr. GINGREY. I thank the gen- ory. And I think he has expressed for ing with our troops. tleman from Iowa so much for being the fighting men and women over there And I walked down the steps in the with us. what they want us all to hear on the Cannon building, and I presume he was As we rapidly approach the conclu- floor of Congress and what they want a veteran. He reached up and he said, sion of this hour, I wanted to make a the American people to know. If ‘‘Support our troops,’’ and shook my few other points. The gentleman from they’re willing to take the risk, if hand. And I said, ‘‘I will and I will con- Iowa spoke of it when he said we are they’re willing to provide the sacrifice, tinue to be there.’’ But I missed a beat not there for their oil. We are not there how are we to say ‘‘no’’? or I would have said ‘‘and their mis- for their land. We’re not there for any- Mr. GINGREY. Reclaiming my time, sion’’ because you can’t support the thing except to try to bring a democ- Mr. Speaker, I will yield right back to troops without supporting their mis- racy to the Middle East. And you think the gentleman, but I think his point is sion. You can’t ask people to go off and about the history of this country in just so well taken. put their lives on the line for some- other battles that we have been in, in This morning, I started the day at 8 thing you don’t believe in. World War I in Belleau Wood, in World o’clock in the morning with a rally in I believe in this. The Iraqi people be- War II on the beaches of Normandy, or the park on the Senate side, and it was lieve in this. And today they know in the Argonne Forest, in the Korean organized by a group called Veterans something they didn’t know a year ago war, in the rice paddies of Vietnam or For Freedom, Vets For Freedom. And or 4 years ago, two big points that they the sands of Iwo Jima, whom were we 400 of them, 400, were there to give us understand, that’s part of their na- fighting for, and what did we ask for in that very message that Representative tional understanding: One is the Amer- return? We were fighting for other peo- KING is talking about, that it is worth icans and the coalition forces are not ple as much as we were fighting for it, it is worth it, and to beg us, lit- there to occupy. We don’t want to be ourselves, and the only thing that this erally to beg us. And I am sure, my col- there to occupy. We want them to have country asked for in return was a little

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2066 CONGRESSIONAL RECORD — HOUSE April 8, 2008 bit of dirt to bury our dead. We don’t Mr. BRALEY of Iowa (at the request of 27, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to bury our fallen soldiers anymore on Mr. HOYER) for today on account of the Committee on Agriculture. foreign soil, but that’s really all we travel delays. 5867. A letter from the Chief Financial Offi- cer, Department of Agriculture, transmit- ever asked for. Mr. BUYER (at the request of Mr. ting the Department’s final rule — Debt The 4,000 that we have lost in this BOEHNER) for today on account of a Management — received February 29, 2008, battle, how can we possibly turn our family illness. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- back on them? How can we turn our f mittee on Agriculture. back on the Veterans For Freedom 5868. A letter from the Administrator, Risk that I talked about that we met this SPECIAL ORDERS GRANTED Management Agency, Department of Agri- morning? culture, transmitting the Corporation’s final By unanimous consent, permission to rule — Common Crop Insurance Regulations; And, Mr. Speaker, I have sufficient address the House, following the legis- time, and I hope you will allow me to Cultivated Wild Rice Crop Insurance Provi- lative program and any special orders sions (RIN: 0563-AC00) received April 1, 2008, read these 25 names from my district, heretofore entered, was granted to: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the 11th of Georgia, who have paid the (The following Members (at the re- mittee on Agriculture. ultimate sacrifice in this conflict to 5869. A letter from the Chief Counsel, quest of Ms. ROYBAL-ALLARD) to revise bring a little bit of democracy to the FEMA, Department of Homeland Security, and extend their remarks and include transmitting the Department’s final rule — Middle East. And let me read quickly, extraneous material:) Mr. Speaker: Changes in Flood Elevation Determinations Ms. ROYBAL-ALLARD, for 5 minutes, Sergeant Michael Hardegree from [Docket No. FEMA-B-7766] received March today. Villa Rica; Lance Corporal Samuel 26, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to Ms. RICHARDSON, for 5 minutes, the Committee on Financial Services. Large, Jr., also from Villa Rica; Spe- today. 5870. A letter from the Chief Counsel, cialist Joshua Dingler from Hiram, FEMA, Department of Homeland Security, Ms. WOOLSEY, for 5 minutes, today. Georgia; Sergeant Paul Saylor from transmitting the Department’s final rule — Bremen; Captain Hayes Clayton from Ms. KAPTUR, for 5 minutes, today. Changes in Flood Elevation Determinations Marietta, my home; Private First Class Mr. DEFAZIO, for 5 minutes, today. — received March 26, 2008, pursuant to 5 Jesus Fonseca, Marietta; Lance Cor- Mr. GEORGE MILLER of California, for U.S.C. 801(a)(1)(A); to the Committee on Fi- 5 minutes, today. nancial Services. poral Stephenen Johnson, Marietta; 5871. A letter from the Chief Counsel, Airman First Class Antoine Holt, Geor- (The following Members (at the re- OE) to revise and extend FEMA, Department of Homeland Security, gia; Sergeant Brian Ardron, Acworth; quest of Mr. P their remarks and include extraneous transmitting the Department’s final rule — Private First Class Marquis Whitaker Final Flood Elevation Determinations — re- material:) from Columbus; Staff Sergeant John ceived March 26, 2008, pursuant to 5 U.S.C. Mr. POE, for 5 minutes, April 14 and McGee, Columbus; Sergeant First Class 801(a)(1)(A); to the Committee on Financial 15. David Salie from Columbus; Corporal Services. Mr. BURTON of Indiana, for 5 minutes, 5872. A letter from the Counsel for Legisla- Tyler Dickens, Columbus. today, April 9 and 10. tion and Regulations, Department of Hous- ing and Urban Development, transmitting b 2145 Mr. BURGESS, for 5 minutes, April 15. the Department’s final rule — HUD Office of Staff Sergeant Rickey Scott, Colum- Mr. TANCREDO, for 5 minutes, today, Hearings and Appeals; Conforming Changes bus, Georgia; Corporal John Tanner, April 9 and 10. To Reflect Organization Regulations [Docket Columbus, Georgia; Sergeant Thomas Mr. JONES of North Carolina, for 5 No. FR-5185-F-01] (RIN: 2501-AD35) received Strickland, Douglasville, Georgia; minutes, April 14 and 15. March 26, 2008, pursuant to 5 U.S.C. Spec. Marvin Camposiles, Austell; Mr. MORAN of Kansas, for 5 minutes, 801(a)(1)(A); to the Committee on Financial Spec. Benjamin Bartlett, Jr., Man- today and April 9. Services. 5873. A letter from the Regulatory Spe- Mr. CANNON, for 5 minutes, today. chester, Georgia; Lance Corporal Juan cialist Legislative and Regulatory Activities Lopez, Whitfield; Private John M. Hen- f Division, Department of the Treasury, trans- derson, Jr., from Columbus; First Lieu- mitting the Department’s final rule — Lend- tenant Michael Fasnacht, from Colum- SENATE CONCURRENT ing Limits [Docket No. OCC-2008-0005] (RIN: bus; Lance Corporal Kristopher C. War- RESOLUTION REFERRED 1557-AD08) received March 26, 2008, pursuant ren, from Resaca; Specialist Justin A Concurrent Resolution of the Sen- to 5 U.S.C. 801(a)(1)(A); to the Committee on Johnson, from Rome, Georgia; First Financial Services. ate of the following title was taken 5874. A letter from the General Counsel, Lieutenant Tyler Brown, president of from the Speaker’s table and, under Corporation for National and Community the student body at Georgia Tech, died the rule, referred as follows: Service, transmitting the Corporation’s final in Iraq, from Atlanta, Georgia; Jack S. Con. Res. 73. Concurrent resolution ex- rule — National Service Criminal History Hensley, a civilian contractor from pressing Congresional support for the goals Checks (RIN: 3045-AA44) received March 26, Marietta, Georgia was beheaded by the and ideals of National Health Care Decisions 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the brutality known as al Qaeda. Day; to the Committee on Energy and Com- Committee on Education and Labor. Mr. Speaker, as I conclude my time, merce. 5875. A letter from the Under Secretary Food, Nutrition, and Consumer Services, De- again, I thank you for allowing me to f partment of Agriculture, transmitting the read those names. ADJOURNMENT Department’s final rule — Special Supple- And my colleagues, I hope that some mental Nutrition Program for Women, In- of those families are listening because Mr. GINGREY. Mr. Speaker, I move fants and Children (WIC): Implementation of I pledge to you we will not turn our that the House do now adjourn. Nondiscretionary WIC Certification and Non- back on them. They have paid the ulti- The motion was agreed to; accord- discretionary WIC Certification and General mate sacrifice. You are continuing to ingly (at 9 o’clock and 45 minutes Administrative Provisions [FNS-2007-0009] pay the sacrifice, but God bless you for p.m.), the House adjourned until to- (RIN: 0584-AD73) received March 19, 2008, pur- the support of this commander in chief morrow, Wednesday, April 9, 2008, at 10 suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Education and Labor. and with your patience and our deter- a.m. 5876. A letter from the Director, Depart- mination here in Congress, we will give f ment of Labor, transmitting the Depart- victory a chance, and we will achieve ment’s final rule — Asbestos Exposure Limit victory. EXECUTIVE COMMUNICATIONS, (RIN: 1219-AB24) received March 26, 2008, pur- And with that, Mr. Speaker, I yield ETC. suant to 5 U.S.C. 801(a)(1)(A); to the Com- back. Under clause 8 of rule XII, executive mittee on Education and Labor. 5877. A letter from the Deputy Assistant f communications were taken from the Administrator Office of Diversion Control, LEAVE OF ABSENCE Speaker’s table and referred as follows: Department of Justice, transmitting the De- 5866. A letter from the Congressional Re- partment’s final rule — Schedules of Con- By unanimous consent, leave of ab- view Coordinator, Department of Agri- trolled Substances: Exempt Anabolic Steroid sence was granted to: culture, transmitting the Department’s final Products [Docket No. DEA-289F] (RIN: 1117- Mr. ABERCROMBIE (at the request of rule — Addition of Armenia to the List of AB04) received April 1, 2008, pursuant to 5 Mr. HOYER) for today and until 11 a.m. Regions Where African Swine Fever Exists U.S.C. 801(a)(1)(A); to the Committee on En- on Thursday, April 10. [Docket No. APHIS-2007-0142] received March ergy and Commerce.

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — HOUSE H2067 5878. A letter from the General Counsel, September 30, 2007, pursuant to 31 U.S.C. 5901. A letter from the Assistant Secretary Federal Energy Regulatory Commission, 9106; to the Committee on Oversight and for Land and Minerals Management, Depart- transmitting the Commission’s final rule — Government Reform. ment of the Interior, transmitting the De- Elimination of FERC Form No. 423 [Docket 5890. A letter from the Chairman, Federal partment’s final rule — Reporting Amend- No. RM07-18-000; Order No. 709] received Deposit Insurance Corporation, transmitting ments [Docket No. MMS-2008-MRM-0021] March 26, 2008, pursuant to 5 U.S.C. the Corporation’s annual report required by (RIN: 1010-AD20) received March 27, 2008, pur- 801(a)(1)(A); to the Committee on Energy and Section 203 of the Notification and Federal suant to 5 U.S.C. 801(a)(1)(A); to the Com- Commerce. Antidiscrimination and Retaliation Act of mittee on Natural Resources. 5879. A letter from the Chief, Administra- 2002, Pub. L. 107-174, for Fiscal Year 2007; to 5902. A letter from the Deputy Assistant tive Law Division, Central Intelligence the Committee on Oversight and Govern- Administrator for Operations, NMFS, Na- Agency, transmitting a report pursuant to ment Reform. tional Oceanic and Atmospheric Administra- the Federal Vacancies Reform Act of 1998; to 5891. A letter from the Chairman, Federal tion, transmitting the Administration’s final the Committee on Oversight and Govern- Labor Relations Authority, transmitting a rule — Pacific Halibut Fisheries; Catch Shar- ment Reform. report pursuant to the Federal Vacancies Re- ing Plan [Docket No. 071218860-8246-02] (RIN: 5880. A letter from the Acting Chairman, form Act of 1998; to the Committee on Over- 0648-AW26) received March 26, 2008, pursuant Consumer Product Safety Commission, sight and Government Reform. to 5 U.S.C. 801(a)(1)(A); to the Committee on transmitting the Commission’s annual re- 5892. A letter from the Commissioner, Natural Resources. port for FY 2007 prepared in accordance with International Boundry and Water Commis- 5903. A letter from the Acting Director Of- the Notification and Federal Employee Anti- sion, transmitting the Commission’s annual fice of Sustainable Fisheries, NMFS, Na- discrimination and Retaliation Act of 2002 report for FY 2007 prepared in accordance tional Oceanic and Atmospheric Administra- (No FEAR Act), Pub. L. 107-174; to the Com- with the Notification and Federal Employee tion, transmitting the Administration’s final mittee on Oversight and Government Re- Antidiscrimination and Retaliation Act of rule — Fisheries of the Exclusive Economic form. 2002 (No FEAR Act), Pub. L. 107-174; to the Zone Off Alaska; Pacific Cod by Vessels 5881. A letter from the General Counsel, Committee on Oversight and Government Catching Pacific Cod for Processing by the Corporation for National and Community Reform. Offshore Component in the Central Regu- Service, transmitting the Corporation’s final 5893. A letter from the Chairman, National latory Area of the Gulf of Alaska [Docket Credit Union Administration, transmitting rule — Corporation for National and Commu- No. 071106671-8010-02] (RIN: 0648-XG24) re- the Administration’s annual report for FY nity Service Implementation of OMB Guid- ceived March 26, 2008, pursuant to 5 U.S.C. 2007 prepared in accordance with the Notifi- ance on Nonprocurement Debarment and 801(a)(1)(A); to the Committee on Natural cation and Federal Employee Antidiscrimi- Suspension (RIN: 3045-AA48) received March Resources. nation and Retaliation Act of 2002 (No FEAR 26, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to 5904. A letter from the Acting Director Of- Act); to the Committee on Oversight and the Committee on Oversight and Govern- fice of Sustainable Fisheries, NMFS, Na- Government Reform. tional Oceanic and Atmospheric Administra- ment Reform. 5894. A letter from the Chairman, Nuclear 5882. A letter from the General Counsel, tion, transmitting the Administration’s final Regulatory Commission, transmitting the rule — Fisheries of the Exclusive Economic Corporation for National and Community Commission’s annual report for FY 2007 pre- Zone Off Alaska; Pacific Cod by Vessels Service, transmitting the Corporation’s final pared in accordance with the Notification Catching Pacific Cod for Processing by the rule — Program Fraud Civil Remedies Act and Federal Employee Antidiscrimination (RIN: 3045-AA42) received March 26, 2008, pur- and Retaliation Act of 2002 (No FEAR Act), Inshore Component in the Western Regu- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Pub. L. 107-174; to the Committee on Over- latory Area of the Gulf of Alaska [Docket mittee on Oversight and Government Re- sight and Government Reform. No. 071106671-8010-02] (RIN: 0648-XG00) re- form. 5895. A letter from the Director, Office of ceived March 26, 2008, pursuant to 5 U.S.C. 5883. A letter from the White House Liai- Personnel Management, transmitting the Of- 801(a)(1)(A); to the Committee on Natural son, Department of Education, transmitting fice’s Fiscal Year 2007 annual report on sta- Resources. a report pursuant to the Federal Vacancies tistical data relating to Federal sector equal 5905. A letter from the Acting Director Of- Reform Act of 1998; to the Committee on employment opportunity complaints filed fice of Sustainable Fisheries, NMFS, Na- Oversight and Government Reform. with the Office, pursuant to Public Law 107- tional Oceanic and Atmospheric Administra- 5884. A letter from the White House Liai- 174, section 203; to the Committee on Over- tion, transmitting the Administration’s final son, Department of Education, transmitting sight and Government Reform. rule — Fisheries of the Exclusive Economic a report pursuant to the Federal Vacancies 5896. A letter from the Senior Associate Zone Off Alaska; Atka Mackerel in the Ber- Reform Act of 1998; to the Committee on General Counsel, Office of the Director of ing Sea and Aleutian Islands Management Oversight and Government Reform. National Intelligence, transmitting a report Area [Docket No. 070213033-7033-01] (RIN: 5885. A letter from the Chief Human Cap- pursuant to the Federal Vacancies Reform 0648-XD68) received March 5, 2008, pursuant ital Officer, Department of Energy, trans- Act of 1998; to the Committee on Oversight to 5 U.S.C. 801(a)(1)(A); to the Committee on mitting a report pursuant to the Federal Va- and Government Reform. Natural Resources. cancies Reform Act of 1998; to the Com- 5897. A letter from the Acting Chief Admin- 5906. A letter from the Acting Director Of- mittee on Oversight and Government Re- istrative Office, Patent and Trademark Of- fice of Sustainable Fisheries, NMFS, Na- form. fice, transmitting the Office’s FY 2007 An- tional Oceanic and Atmospheric Administra- 5886. A letter from the Assistant Secretary nual Report required by Section 203 of the tion, transmitting the Administration’s final for Administration and Management, De- Notification and Federal Antidiscrimination rule — Fisheries of the Exclusive Economic partment of Labor, transmitting the Depart- and Retaliation Act of 2002, Pub. L. 107-174; Zone Off Alaska; Pacific Cod by Non-Amer- ment’s annual report for FY 2007, summa- to the Committee on Oversight and Govern- ican Fisheries Act Crab Vessels Catching Pa- rizing data and analysis of complaints filed ment Reform. cific Cod for Processing by the Inshore Com- for the past five fiscal years and how the De- 5898. A letter from the Board Members, ponent in the Central Regulatory Area of the partment is working to fulfill the require- Railroad Retirement Board, transmitting Gulf of Alaska [Docket No. 070213032-7032-01] ments of the Act, pursuant to Public Law the Board’s annual report for FY 2007 pre- (RIN: 0648-XF57) received March 5, 2008, pur- 107-174, section 203 of Title II; to the Com- pared in accordance with Section 203 of the suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Oversight and Government Re- Notification and Federal Employee Anti- mittee on Natural Resources. form. discrimination and Retaliation Act of 2002 5907. A letter from the Acting Director Of- 5887. A letter from the Secretary, Depart- (No FEAR Act), Public Law 107-174; to the fice of Sustainable Fisheries, NMFS, Na- ment of Transportation, transmitting the Committee on Oversight and Government tional Oceanic and Atmospheric Administra- Departments’ Report on Management Deci- Reform. tion, transmitting the Administration’s final sions and Final Actions on Office of Inspec- 5899. A letter from the EEO Director, Secu- rule — Magnuson-Stevens Fishery Conserva- tor General Audit Recommendations for the rities and Exchange Commission, transmit- tion and Management Act Provisions; Fish- period ending September 30, 2007, pursuant to ting a report about the Commission’s activi- eries of the Northeastern United States; At- 31 U.S.C. 9106; to the Committee on Over- ties in FY 2007 to ensure accountability for lantic Sea Scallop Fishery; Closure of the sight and Government Reform. antidiscrimination and whistleblower laws Elephant Trunk Scallop Access Area to Gen- 5888. A letter from the Director, Office of related to employment, pursuant to Public eral Category Scallop Vessels [Docket No. Communications and Legislative Affairs, Law 107-174, section 203 of Title II; to the 060314069-6138-002] (RIN: 0648-XG29) received Equal Employment Opportunity Commis- Committee on Oversight and Government April 1, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); sion, transmitting the Commission’s annual Reform. to the Committee on Natural Resources. report on the Government in the Sunshine 5900. A letter from the Administrator, 5908. A letter from the Acting Chief, Regu- Act for Calendar Year 2007, pursuant to 5 Small Business Administration, transmit- latory Management Division, Department of U.S.C. 552b(j); to the Committee on Over- ting a copy of the Administration’s Fiscal Homeland Security, transmitting the De- sight and Government Reform. Year 2007 Notification and Federal Employee partment’s final rule — Petitions Filed on 5889. A letter from the Senior Vice Presi- Anti-Discrimination and Retaliation (No Behalf of H-1B Temporary Workers Subject dent and Chief Financial Officer, Export-Im- FEAR) Act Annual Report; to the Com- to or Exempt From the Annual Numerical port Bank, transmitting the Bank’s Annual mittee on Oversight and Government Re- Limitation [CIS No. 2434-07; DHS Docket No. Management Report for the fiscal year ended form. USCIS-2007-0060] (RIN: 1615-AB68) received

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2068 CONGRESSIONAL RECORD — HOUSE April 8, 2008 March 26, 2008, pursuant to 5 U.S.C. Energy Efficient Home Credit [Notice 2008- gency medical services for children; with an 801(a)(1)(A); to the Committee on the Judici- 35] received March 5, 2008, pursuant to 5 amendment (Rept. 110–568). Referred to the ary. U.S.C. 801(a)(1)(A); to the Committee on Committee of the Whole House on the State 5909. A letter from the Assistant Secretary Ways and Means. of the Union. Legislative Affairs, Department of State, 5919. A letter from the Chief, Publications Mr. DINGELL: Committee on Energy and transmitting the Department’s final rule — and Regulations, Internal Revenue Service, Commerce. H.R. 3701. A bill to amend the Visas: Documentation of Immigrants and transmitting the Service’s final rule — Am- Public Health Service Act to direct the Sec- Nonimmigrants—Visa Classification Sym- plification of Notice 2006-28 Energy Efficient retary of Health and Human Services to in- bols [Public Notice: Docket No. ] received Home Credit; Manufactured Homes [Notice tensify programs with respect to research March 26, 2008, pursuant to 5 U.S.C. 2008-36] received March 5, 2008, pursuant to 5 and related activities concerning falls among 801(a)(1)(A); to the Committee on the Judici- U.S.C. 801(a)(1)(A); to the Committee on older adults; with an amendment (Rept. 110– ary. Ways and Means. 569). Referred to the Committee of the Whole 5910. A letter from the Regulations Officer, 5920. A letter from the Chief, Publications House on the State of the Union. Mr. DINGELL: Committee on Energy and FHWA, Department of Transportation, and Regulations, Internal Revenue Service, Commerce. H.R. 3825. A bill to amend the transmitting the Department’s final rule — transmitting the Service’s final rule — Ac- Public Health Service Act to establish grant Indian Reservation Road Bridge Program tion on Decision SUBJECT: Herbert V. programs to provide for education and out- [FHWA Docket No. FHWA-2007-27536] (RIN: Kohler, Jr. et al. v. Commissioner; T.C. reach on newborn screening and coordinated 2125-AF20) received April 3, 2008, pursuant to Memo. 2006-152; 92 T.C.M. (CCH) 48; T.C. Dkt. followup care once newborn screening has 5 U.S.C. 801(a)(1)(A); to the Committee on Nos. 4621-03, 4622-03, 4646-03, 4649-03 [IRB No.: been conducted, to reauthorize programs Transportation and Infrastructure. 2008-9] received March 5, 2008, pursuant to 5 under part A of title XI of such Act, and for 5911. A letter from the Acting Director of U.S.C. 801(a)(1)(A); to the Committee on Regulations, DOT/PHMSA, Department of other purposes; with an amendment (Rept. Ways and Means. 110–570). Referred to the Committee of the Transportation, transmitting the Depart- 5921. A letter from the Chief, Publications ment’s final rule — Pipeline Safety: Admin- Whole House on the State of the Union. and Regulations Branch, Internal Revenue Mr. DINGELL: Committee on Energy and istrative Procedures, Address Updates, and Service, transmitting the Service’s final rule Commerce. H.R. 2063. A bill to direct the Technical Amendments [Docket No. — 26 CFR 601.601: Rules and Regulations. Secretary of Health and Human Services, in PHMSA-2007-0033] (RIN: 2137-AE29) received (Also Part I, 25, 103, 143; 1.25-4T, 1.103-1, consultation with the Secretary of Edu- April 3, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 6a.103A-2.) (Rev. Proc. 2008-19) received cation, to develop a voluntary policy for to the Committee on Transportation and In- March 5, 2008, pursuant to 5 U.S.C. managing the risk of food allergy and ana- frastructure. 801(a)(1)(A); to the Committee on Ways and phylaxis in schools, to establish school-based 5912. A letter from the Program Analyst, Means. food allergy management grants, and for Department of Transportation, transmitting 5922. A letter from the Program Manager, other purposes; with amendments (Rept. 110– the Department’s final rule — Enhanced Air- CMS, Department of Health and Human 571 Pt. 1). Ordered to be printed. worthiness Program for Airplane Systems/ Services, transmitting the Department’s Ms. MATSUI: Committee on Rules. House Fuel Tank Safety (EAPAS/FTS); Final Rule ‘‘Major’’ final rule — Medicare Program; Resolution 1083. Resolution providing for [Docket No.: FAA-2004-18379; Amendment Modification to the Weighting Methodology consideration of the bill (H.R. 2537) to amend Nos. 1-60, 21-90, 25-123, 26-0, 91-297, 121-336, 125- Used to Calculate the Low-income Bench- the Federal Water Pollution Control Act re- 53, 129-43] (RIN: 2120-AI31) received April 3, mark Amount [CMS-4133-F] (RIN: 0938-AP25) lating to beach monitoring, and for other 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the received April 1, 2008, pursuant to 5 U.S.C. purposes (Rept. 110–572). Referred to the Committee on Transportation and Infra- 801(a)(1)(A); jointly to the Committees on House Calendar. structure. Ways and Means and Energy and Commerce. Mr. HASTINGS of Florida: Committee on 5913. A letter from the Program Analyst, 5923. A letter from the Boards of Trustees, Rules. House Resolution 1084. Resolution Department of Transportation, transmitting Federal Hospital Insurance and Federal Sup- providing for consideration of the bill (H.R. the Department’s final rule — Standard Air- plementary Medical Insurance Trust Funds, 2016) to establish the National Landscape worthiness Certification of New Aircraft transmitting the 2008 Annual Report of the Conservation System, and for other purposes [Docket No. FAA-2003-14825; Amendment No. Board of Trustees of the Federal Hospital In- (Rept. 110–573). Referred to the House Cal- 21-88] (RIN: 2120-AH90) received April 3, 2008, surance Trust Fund And Federal Supple- endar. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mentary Medical Insurance Trust Fund, pur- DISCHARGE OF COMMITTEE mittee on Transportation and Infrastruc- suant to 42 U.S.C. 401(c)(2), 1395i(b)(2), and Pursuant to clause 2 of rule XII the ture. 1395t(b)(2); (H. Doc. No. —102); jointly to the 5914. A letter from the Regulations Officer, Committee on Education and Labor Committees on Ways and Means and Energy FHWA, Department of Transportation, discharged from further consideration. and Commerce, and ordered to be printed. transmitting the Department’s final rule — H.R. 2063 referred to the Committee of Parks, Recreation Areas, Wildlife and Water- f the Whole House on the State of the fowl Refuges, and Historic Sites [Docket No. REPORTS OF COMMITTEES ON Union. FHWA-2005-22884] (RIN: 2125-AF14 and 2132- f AA83) received April 1, 2008, pursuant to 5 PUBLIC BILLS AND RESOLUTIONS U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XIII, reports of PUBLIC BILLS AND RESOLUTIONS Transportation and Infrastructure. committees were delivered to the Clerk Under clause 2 of rule XII, public 5915. A letter from the Program Analyst, for printing and reference to the proper bills and resolutions were introduced Department of Transportation, transmitting calendar, as follows: the Department’s final rule — Civil Pen- and severally referred, as follows: alties [Docket No. NHTSA-2007-28445; Notice Mr. DINGELL: Committee on Energy and By Mr. SKELTON (for himself, Mr. 2] (RIN: 2127-AK07) received April 1, 2008, pur- Commerce. H.R. 1198. A bill to amend the ORTIZ, Mr. TAYLOR, Mr. ABER- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Public Health Service Act regarding early CROMBIE, Mr. REYES, Mr. SMITH of mittee on Transportation and Infrastruc- detection, diagnosis, and treatment of hear- Washington, Ms. LORETTA SANCHEZ of ture. ing loss; with an amendment (Rept. 110–565). California, Mr. MCINTYRE, Mrs. 5916. A letter from the Federal Register Li- Referred to the Committee of the Whole TAUSCHER, Mr. BRADY of Pennsyl- aison Officer, Department of the Treasury, House on the State of the Union. vania, Mrs. DAVIS of California, Mr. transmitting the Department’s final rule — Mr. DINGELL: Committee on Energy and MARSHALL, Ms. BORDALLO, Mr. Puerto Rican Tobacco Products and Ciga- Commerce. H.R. 1237. A bill to amend the BOREN, Mrs. BOYDA of Kansas, Mr. rette Papers and Tubes Shipped From Puerto Public Health Service Act to provide revised COURTNEY, Mr. LOEBSACK, Mr. Rico to the United States (2007R-368P) [T.D. standards for quality assurance in screening SESTAK, Ms. CASTOR, Mr. HUNTER, TTB-68; Re: T.D. ATF-444 and Notice No. 912] and evaluation of gynecologic cytology prep- Mr. SAXTON, Mr. MCHUGH, Mr. EVER- (RIN: 1513-AB38) received April 1, 2008, pursu- arations, and for other purposes; with an ETT, Mr. BARTLETT of Maryland, Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee amendment (Rept. 110–566). Referred to the MCKEON, Mr. FORBES, Mr. MILLER of on Ways and Means. Committee of the Whole House on the State Florida, Mr. WILSON of South Caro- 5917. A letter from the Chief, Publications of the Union. lina, Mr. GINGREY, Mr. DAVIS of Ken- and Regulations, Internal Revenue Service, Mr. DINGELL: Committee on Energy and tucky, Mr. LAMBORN, Mr. CLAY, Ms. transmitting the Service’s final rule — Commerce. H.R. 1418. A bill to provide for TSONGAS, and Mr. LOBIONDO): Reissuance Standards for State and Local the expansion and improvement of traumatic H.R. 5714. A bill to require the Secretary of Bonds [Notice 2008-41] received March 28, brain injury programs; with an amendment the Treasury to mint coins in recognition 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the (Rept. 110–567). Referred to the Committee of and celebration of the establishment of the Committee on Ways and Means. the Whole House on the State of the Union. United States Army in 1775, to honor the 5918. A letter from the Chief, Publications Mr. DINGELL: Committee on Energy and American soldier of both today and yester- and Regulations, Internal Revenue Service, Commerce. H.R. 2464. A bill to amend the day, in wartime and in peace, and to com- transmitting the Service’s final rule — Am- Public Health Service Act to provide a memorate the traditions, history, and herit- plification of Notice 2006-27 Certification of means for continued improvement in emer- age of the United States Army and its role in

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COURTNEY, Mr. GRIJALVA, Mr. SAR- Social Security Act to provide for a DSH re- By Mr. GALLEGLY (for himself and BANES, Mr. SCOTT of Virginia, Ms. distribution pool from unexpended Medicaid Mr. SMITH of Texas): WOOLSEY, Mr. BISHOP of New York, DSH allotments in order to increase Med- H.R. 5731. A bill to prohibit offices of the Ms. HIRONO, Mr. LOEBSACK, Mr. WU, icaid DSH allotments for low DSH States legislative branch from entering into a con- and Mr. SESTAK): and to provide grants for health access net- tract for the provision of goods or services H.R. 5715. A bill to ensure continued avail- works serving the uninsured; to the Com- within the Capitol Complex with any con- ability of access to the Federal student loan mittee on Energy and Commerce. tractor who does not participate in the basic program for students and families; to the By Mr. SMITH of New Jersey (for him- pilot program for employment eligibility Committee on Education and Labor. self, Mr. PAYNE, Mr. FORTENBERRY, verification, and for other purposes; to the By Mr. BECERRA (for himself, Mr. Mr. PITTS, Mr. WOLF, Mrs. DRAKE, Committee on House Administration. DOGGETT, and Mr. PASCRELL): Ms. ROS-LEHTINEN, Mr. CHABOT, and By Mrs. MYRICK: H.R. 5716. A bill to amend the Internal Rev- Mr. WILSON of South Carolina): H.R. 5732. A bill to establish procedures for enue Code of 1986 to provide taxpayer protec- H.R. 5722. A bill to mandate reporting re- the issuance by the Commissioner of Social tion and assistance, and for other purposes; quirements for convicted sex traffickers and Security of ‘‘no match’’ letters to employers, to the Committee on Ways and Means, and in other sex offenders intending to engage in and for the notification of the Secretary of addition to the Committee on Financial international travel, to provide advance no- Homeland Security regarding such letters; to Services, for a period to be subsequently de- tice of convicted sex offenders who intend to the Committee on Ways and Means. termined by the Speaker, in each case for travel outside the United States to the gov- By Mr. REHBERG: consideration of such provisions as fall with- ernment of the country of destination, to H.R. 5733. A bill to require the Secretary of in the jurisdiction of the committee con- prevent entry into the United States by any the Treasury to mint and issue coins com- cerned. foreign sex offender, and for other purposes; memorating the 100th anniversary of the es- By Mr. MCCOTTER (for himself, Mr. to the Committee on Foreign Affairs, and in tablishment of Glacier National Park, and COHEN, and Mr. MEEKS of New York): addition to the Committee on the Judiciary, for other purposes; to the Committee on Fi- H.R. 5717. A bill to establish a reward sys- for a period to be subsequently determined nancial Services. tem to provide monetary awards to individ- by the Speaker, in each case for consider- By Mr. GINGREY (for himself, Mr. uals who provide information relating to vio- ation of such provisions as fall within the ju- BOUSTANY, Mr. BROUN of Georgia, Mr. lations of the CAN-SPAM Act; to the Com- risdiction of the committee concerned. BURGESS, Mr. MILLER of Florida, Mr. mittee on Energy and Commerce. By Mr. KANJORSKI: BOOZMAN, Mr. PRICE of Georgia, Mr. By Mrs. MALONEY of New York (for H.R. 5723. A bill to amend the Federal WELDON of Florida, Mr. PAUL, and herself, Mr. DAVIS of Illinois, Mr. Home Loan Bank Act to allow Federal home Mr. SIMPSON): HOYER, Mr. GEORGE MILLER of Cali- loan banks to invest surplus funds in student H. Con. Res. 323. Concurrent resolution ex- fornia, Mr. TOM DAVIS of Virginia, loan securities and make advances for stu- pressing Congressional support for the goals Ms. WOOLSEY, Mr. BERMAN, Ms. dent loan financing, and for other purposes; and ideals of National Health Care Decisions DELAURO, Mr. ELLISON, Mr. FATTAH, to the Committee on Financial Services. Day; to the Committee on Energy and Com- Mr. FILNER, Mrs. GILLIBRAND, Mr. By Mr. HOYER (for himself and Mr. merce. LEWIS of Georgia, Ms. MCCOLLUM of BOEHNER) (both by request): By Ms. KAPTUR (for herself and Mr. Minnesota, Mr. MORAN of Virginia, H.R. 5724. A bill to implement the United KILDEE): Mr. SARBANES, Ms. SCHAKOWSKY, Mr. States-Colombia Trade Promotion Agree- H. Con. Res. 324. Concurrent resolution ex- SERRANO, Mr. VAN HOLLEN, Mr. ment; to the Committee on Ways and Means. pressing the sense of Congress relating to the CUMMINGS, Mr. AL GREEN of Texas, By Mr. ALEXANDER: trade promotion agreement between the and Mr. KUCINICH): H.R. 5725. A bill to amend the Internal Rev- United States and Colombia; to the Com- H.R. 5718. A bill to provide that 8 of the 12 enue Code of 1986 to allow employers a credit mittee on Ways and Means. weeks of parental leave made available to a against income tax for employing members By Ms. VELA´ ZQUEZ (for herself and Federal employee shall be paid leave, and for of the Ready Reserve or National Guard; to Mr. CHABOT): other purposes; to the Committee on Over- the Committee on Ways and Means. H. Res. 1082. A resolution recognizing the sight and Government Reform, and in addi- By Mr. BAIRD: plumbing industry and supporting the goals tion to the Committees on House Adminis- H.R. 5726. A bill to amend the Immigration and ideals of ‘‘National Plumbing Industry tration, and Education and Labor, for a pe- and Nationality Act to require prospective Week’’; to the Committee on Small Business. riod to be subsequently determined by the employers of H-1B nonimmigrants to partici- By Ms. CORRINE BROWN of Florida Speaker, in each case for consideration of pate in an educational, training, or (for herself and Mr. CASTLE): such provisions as fall within the jurisdic- mentorship program for United States work- H. Res. 1085. A resolution supporting the tion of the committee concerned. ers; to the Committee on the Judiciary. goals and ideals of National Train Day; to By Mr. RANGEL (for himself, Mr. By Mrs. CAPITO: the Committee on Oversight and Govern- MCDERMOTT, Mr. LEWIS of Georgia, H.R. 5727. A bill to authorize the Secretary ment Reform. Mr. POMEROY, Mr. EMANUEL, Mr. of Labor to make grants for the establish- By Ms. EDDIE BERNICE JOHNSON of BLUMENAUER, Mr. KIND, Ms. BERKLEY, ment of information technology centers in Texas (for herself, Mrs. CAPPS, and Mr. CROWLEY, Mr. MEEK of Florida, rural areas; to the Committee on Education Mrs. MCCARTHY of New York): Mr. ELLISON, Ms. GIFFORDS, Mr. HALL and Labor. H. Res. 1086. A resolution recognizing Na- of New York, Mr. MAHONEY of Flor- By Mrs. CAPITO (for herself, Mr. tional Nurses Week on May 6 through May ida, Mr. WALZ of Minnesota, Mr. TANCREDO, Mr. BILBRAY, Mr. 12, 2008; to the Committee on Energy and WELCH of Vermont, and Mrs. JONES of MARCHANT, Mr. POE, and Mr. MILLER Commerce. Ohio): of Florida): By Ms. KAPTUR: H.R. 5719. A bill to amend the Internal Rev- H.R. 5728. A bill to amend the Internal Rev- H. Res. 1087. A resolution expressing the enue Code of 1986 to conform return preparer enue Code of 1986 to allow individual tax- sense of the House of Representatives that penalty standards, delay implementation of payers to designate a portion of income the North American Free Trade Agreement withholding taxes on government contrac- taxes to fund the improvement of barriers at must be renegotiated to foster fair trade tors, enhance taxpayer protections, assist the United States border, and for other pur- that truly benefits all the people of Canada, low-income taxpayers, and for other pur- poses; to the Committee on Ways and Means, the United States and Mexico; to the Com- poses; to the Committee on Ways and Means. and in addition to the Committee on Home- mittee on Ways and Means. By Mr. RANGEL (for himself, Mr. land Security, for a period to be subse- By Mr. NADLER (for himself, Mr. RAN- MCDERMOTT, Mr. LEWIS of Georgia, quently determined by the Speaker, in each GEL, Ms. CLARKE, Mr. SERRANO, Mr. Mr. POMEROY, Mr. THOMPSON of Cali- case for consideration of such provisions as TOWNS, and Mrs. MALONEY of New fornia, Mr. EMANUEL, Mr. fall within the jurisdiction of the committee York): BLUMENAUER, Ms. BERKLEY, Mr. concerned. H. Res. 1088. A resolution recognizing and CROWLEY, Mr. ELLISON, Ms. GIFFORDS, By Mr. ELLSWORTH: commending the Alvin Ailey American Mr. JOHNSON of Georgia, Mr. H.R. 5729. A bill to amend title 38, United Dance Theater for 50 years of service as a MAHONEY of Florida, Mr. RODRIGUEZ, States Code, to direct the Secretary of Vet- vital American cultural ambassador to the Ms. SHEA-PORTER, Mr. SIRES, Mr. erans Affairs to provide comprehensive world; to the Committee on Education and WELCH of Vermont, and Mrs. JONES of health care to children of Vietnam veterans Labor. Ohio): born with Spina Bifida, and for other pur- By Ms. LORETTA SANCHEZ of Cali- H.R. 5720. A bill to amend the Internal Rev- poses; to the Committee on Veterans’ Af- fornia (for herself and Ms. ZOE enue Code of 1986 to provide assistance for fairs. LOFGREN of California):

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H. Res. 1089. A resolution calling on the H.R. 1306: Mr. PLATTS. H.R. 3339: Mr. FILNER. government of Vietnam to release from pris- H.R. 1343: Mr. FOSSELLA and Mr. SPACE. H.R. 3369: Mr. MCCOTTER. on, end the detention without trial, and H.R. 1373: Mr. COHEN. H.R. 3453: Mr. KENNEDY, Mr. TIERNEY, and cease the harassment and house arrest of the H.R. 1381: Mr. MCGOVERN. Ms. BERKLEY. people who signed the Manifesto on Freedom H.R. 1418: Mr. GRIJALVA. H.R. 3457: Mr. PITTS. and Democracy for Vietnam, and expressing H.R. 1431: Mr. PITTS. H.R. 3463: Ms. SUTTON. the sense of Congress that the President H.R. 1435: Mr. AL GREEN of Texas. H.R. 3543: Mr. CONYERS. should encourage Vietnam to release such H.R. 1440: Mr. BUTTERFIELD and Mr. ROSS. H.R. 3618: Mr. ETHERIDGE and Mr. SPACE. people from prison and to direct the Sec- H.R. 1514: Mr. JOHNSON of Georgia and Mr. H.R. 3622: Mr. LINCOLN DIAZ-BALART of retary of State to establish a Countries of MILLER of Florida. Florida. Particular Concern list to condemn coun- H.R. 1590: Ms. SLAUGHTER. H.R. 3634: Mr. MOORE of Kansas. tries like Vietnam, which engage in ‘‘par- H.R. 1609: Mr. REGULA, Mr. BARROW, Mr. H.R. 3650: Mr. CARTER and Mr. GONZALEZ. ticularly severe violations’’ of human rights; EHLERS, Mr. MCHUGH, Mr. BILBRAY, Mr. H.R. 3652: Mr. JACKSON of Illinois. to the Committee on Foreign Affairs. ETHERIDGE, Mr. STARK, Mr. PETRI, Mr. PUT- H.R. 3658: Mr. COHEN. H.R. 3663: Ms. DEGETTE and Mr. TOWNS. By Mr. JEFFERSON (for himself and NAM, Mr. BRADY of Texas, Mr. NEAL of Mas- H.R. 3692: Mr. LEWIS of Georgia. Mr. PAYNE): sachusetts, Mr. FALEOMAVAEGA, Mr. WELCH H.R. 3717: Mr. ELLISON and Mr. MCGOVERN. H. Res. 1090. A resolution honoring the es- of Vermont, and Mr. POMEROY. H.R. 3797: Mr. LYNCH. teemed former President Nelson Rolihlahla H.R. 1619: Mrs. EMERSON, Mr. LINCOLN H.R. 3819: Mr. SHIMKUS. DAVIS of Tennessee, and Mr. TERRY. Mandela on the occasion of his 90th birthday; H.R. 3844: Mr. MCCOTTER. H.R. 1641: Mr. COHEN. to the Committee on Foreign Affairs. H.R. 3934: Mrs. SCHMIDT, Ms. MATSUI, Ms. H.R. 1646: Ms. JACKSON-LEE of Texas, Ms. By Mr. YOUNG of Alaska (for himself, KILPATRICK, Mr. WEXLER, and Mr. HONDA. WATSON, and Mr. INSLEE. Mr. FEENEY, Mr. DREIER, Mr. JONES H.R. 3968: Mr. GRIJALVA, Mr. LEWIS of H.R. 1667: Mr. BISHOP of New York and Ms. of North Carolina, Mr. ADERHOLT, Mr. Georgia, and Mr. CAPUANO. WATSON. BURTON of Indiana, Mr. WILSON of H.R. 3981: Mrs. MCMORRIS RODGERS, Mr. H.R. 1738: Mr. SPACE. South Carolina, Mr. EVERETT, Mr. ROSS, Mr. RYAN of Ohio, and Mr. GORDON. H.R. 1767: Mr. SMITH of Texas and Mr. LATTA, Mr. RAHALL, Mr. PAUL, Mr. H.R. 4044: Ms. BORDALLO. LEWIS of Kentucky. BOREN, Mr. ISSA, and Mr. SIMPSON): H.R. 4088: Mr. JOHNSON of Illinois and Mr. H.R. 1776: Mr. SHULER, Mr. FILNER, and Ms. H. Res. 1091. A resolution honoring the life, ROGERS of Alabama. SUTTON. achievements, and contributions of Charlton H.R. 4089: Mr. ALLEN, Ms. BERKLEY, and H.R. 1783: Ms. LEE. Heston and extending its deepest sympathies Mr. HOLDEN. H.R. 1884: Mr. JACKSON of Illinois, Mr. REG- to the family of Charlton Heston for the loss H.R. 4105: Mr. CLEAVER, Mr. VISCLOSKY, Mr. ULA, Mr. MARKEY, Mr. BISHOP of Georgia, and of such a great generous man, husband, and OLVER, Mr. ALEXANDER, and Mr. WAMP. Mr. WHITFIELD of Kentucky. father; to the Committee on Oversight and H.R. 4138: Mr. GENE GREEN of Texas. H.R. 1998: Mr. MCCOTTER. Government Reform. H.R. 4206: Mr. LEWIS of Georgia, Mr. WAMP, H.R. 2014: Mr. PASTOR. and Mr. BACA. f H.R. 2091: Ms. GINNY BROWN-WAITE of Flor- H.R. 4246: Mr. MEEKS of New York and Mr. ida, Mr. KIND, Mr. DONNELLY, Mr. KUHL of ADDITIONAL SPONSORS WELCH of Vermont. IBERI New York, and Mr. T . H.R. 4304: Mr. GINGREY. Under clause 7 of rule XII, sponsors H.R. 2111: Ms. ESHOO. H.R. 4310: Mr. DELAHUNT. were added to public bills and resolu- H.R. 2138: Ms. TSONGAS, Mr. GONZALEZ, and H.R. 4318: Mr. MURPHY of Connecticut. tions as follows: Mrs. BONO MACK. H.R. 4453: Mrs. CHRISTENSEN. H.R. 2140: Mr. ENGEL and Mr. PERLMUTTER. ORAN H.R. 4458: Mr. LOBIONDO. H.R. 245: Mr. M of Kansas. H.R. 2160: Mr. WHITFIELD of Kentucky. H.R. 281: Mr. PETERSON of Minnesota, Mr. H.R. 4544: Mr. RAHALL. H.R. 2188: Ms. DELAURO. H.R. 4545: Mr. JACKSON of Illinois and Mr. BOSWELL, Ms. WATSON, Mr. INSLEE, and Mr. H.R. 2312: Mr. FOSSELLA. HONDA. CARDOZA. H.R. 2332: Ms. GIFFORDS. H.R. 4574: Mr. GARRETT of New Jersey. H.R. 303: Mr. ETHERIDGE and Mr. GOOD- H.R. 2343: Mr. PAYNE. H.R. 4627: Mr. MCHUGH. LATTE. H.R. 2377: Mr. MARIO DIAZ-BALART of Flor- H.R. 4836: Mr. PAYNE and Mr. NEAL of Mas- H.R. 351: Mr. JACKSON of Illinois, Mr. ida. sachusetts. HONDA, and Mr. PAYNE. H.R. 2564: Mr. ALEXANDER. H.R. 4838: Mr. TIERNEY. H.R. 368: Mr. JEFFERSON, Mr. KILDEE, and H.R. 2567: Mr. ELLISON. H.R. 4883: Ms. BORDALLO, Mr. BRADY of Mr. MURPHY of Connecticut. H.R. 2578: Mr. DICKS. Pennsylvania, Ms. SHEA-PORTER, Mr. H.R. 406: Mr. PEARCE, Mr. PASCRELL, Mr. H.R. 2580: Mr. GALLEGLY. GRIJALVA, Mr. REYES, Mr. ORTIZ, and Ms. ALEXANDER, Mr. COLE of Oklahoma, Mr. H.R. 2593: Mr. FATTAH, Ms. NORTON, Mrs. SCHAKOWSKY. DREIER, Mr. HOEKSTRA, Mr. LOBIONDO, Mr. NAPOLITANO, Mr. OLVER, and Ms. LINDA T. H.R. 4884: Ms. BORDALLO, Mr. BRADY of LUCAS, Mr. MCCRERY, Mr. REHBERG, Mr. ´ SANCHEZ of California. Pennsylvania, Ms. SHEA-PORTER, Mr. SAXTON, Mr. SIMPSON, Mr. WALSH of New H.R. 2634: Mr. SHERMAN and Mr. ROTHMAN. GRIJALVA, Mr. REYES, Mr. WELCH of York, Mr. MCKEON, Mr. MELANCON, Mr. H.R. 2676: Mr. PAYNE, Mr. CULBERSON, and Vermont, Mr. ORTIZ, and Ms. SCHAKOWSKY. ALLEN, and Mr. GALLEGLY. Mr. HILL. H.R. 4915: Mr. CHABOT and Mrs. LOWEY. H.R. 471: Mr. DUNCAN, Mr. SHUSTER, Mrs. H.R. 2694: Ms. SHEA-PORTER, Mr. SKELTON, H.R. 4930: Mr. DAVID DAVIS of Tennessee. MCCARTHY of New York, and Mr. WITTMAN of and Mr. NEAL of Massachusetts. H.R. 4995: Mr. MCCAUL of Texas. Virginia. H.R. 2702: Mr. CARDOZA, Mr. BOSWELL, Mr. H.R. 5031: Mr. ADERHOLT. H.R. 594: Mr. ALTMIRE. THOMPSON of California, and Mr. COSTA. H.R. 5058: Mr. ANDREWS and Mr. JACKSON of H.R. 643: Mr. CULBERSON. H.R. 2708: Mr. BERMAN and Mr. BOREN. Illinois. H.R. 728: Mr. VAN HOLLEN and Mr. MICA. H.R. 2711: Ms. ESHOO. H.R. 5069: Mr. HILL. H.R. 741: Mr. MARKEY and Mr. KELLER. H.R. 2744: Mr. MURPHY of Connecticut, Mr. H.R. 5106: Mr. HONDA and Mr. FORTUN˜ O. H.R. 882: Mr. MILLER of Florida and Mr. ELLSWORTH, Mrs. LOWEY, Mr. RUSH, Mr. BAR- H.R. 5110: Mr. HARE and Mr. PALLONE. SHUSTER. ROW, Mr. CUMMINGS, Mr. FURTUN˜ O, Mr. FOS- H.R. 5131: Mr. KUHL of New York, Mr. H.R. 998: Mr. FILNER, Mr. HASTINGS of Flor- TER, Ms. SCHWARTZ, and Mr. CLAY. HENSARLING, Mr. LAMPSON, and Mr. NUNES. ida, Mr. HARE, and Mr. DAVIS of Illinois. H.R. 2851: Ms. MOORE of Wisconsin, Mr. H.R. 5143: Mr. BARRETT of South Carolina. H.R. 1017: Ms. MOORE of Wisconsin. GRIJALVA, Mr. COURTNEY, Mr. SHULER, Mr. H.R. 5152: Mr. FOSSELLA. H.R. 1043: Mr. HONDA and Mr. KILDEE. KILDEE, Mr. HALL of New York, Mr. TOWNS, H.R. 5160: Mr. BURTON of Indiana. H.R. 1050: Mr. JACKSON of Illinois, Mr. Mr. KUCINICH, Mr. MELANCON, and Mr. H.R. 5161: Mr. MATHESON. KUCINICH, and Mr. CLAY. LOEBSACK. H.R. 5175: Mrs. MUSGRAVE. H.R. 1076: Mr. LATOURETTE, Mr. H.R. 2914: Mr. PASTOR. H.R. 5233: Mr. BOUSTANY. CULBERSON, Mr. JOHNSON of Georgia, and Mr. H.R. 2994: Mr. LATOURETTE. H.R. 5244: Mr. ROTHMAN, Mr. KILDEE, Ms. LAHOOD. H.R. 3001: Ms. DELAURO and Mr. GENE LORETTA SANCHEZ of California, and Mr. H.R. 1078: Mr. PASTOR. GREEN of Texas. ISRAEL. H.R. 1102: Mr. STARK. H.R. 3042: Mr. EMANUEL. H.R. 5265: Mr. KIRK, Mr. DELAHUNT, Mr. H.R. 1110: Ms. SHEA-PORTER. H.R. 3053: Mr. MCCOTTER. ROTHMAN, and Ms. WATSON. H.R. 1222: Mr. HONDA. H.R. 3109: Mr. ROGERS of Michigan. H.R. 5268: Mr. BLUMENAUER, Mr. PASCRELL, H.R. 1223: Mr. CLAY and Mr. HONDA. H.R. 3195: Mrs. DRAKE. Mr. JOHNSON of Georgia, Mr. HIGGINS, Mr. H.R. 1228: Mr. JACKSON of Illinois. H.R. 3212: Mr. STARK. NADLER, Ms. CLARKE, Mr. WEXLER, Ms. H.R. 1264: Mr. PASTOR. H.R. 3282: Mr. CAPUANO. MOORE of Wisconsin, and Ms. SLAUGHTER. H.R. 1279: Mr. LYNCH. H.R. 3289: Mr. GRIJALVA, Ms. LINDA T. H.R. 5315: Ms. HOOLEY, Mr. GRIJALVA, Mr. H.R. 1280: Mr. WITTMAN of Virginia. SA´ NCHEZ of California, Mr. PALLONE, and Mr. UDALL of Colorado, Ms. GIFFORDS, Mr. H.R. 1293: Mr. GARRETT of New Jersey. MOORE of Kansas. HONDA, Ms. BORDALLO, Mr. PEARCE, and Mr. H.R. 1295: Mrs. CUBIN. H.R. 3314: Mr. MOORE of Kansas. COHEN.

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H.R. 5443: Ms. GIFFORDS, Mr. H.R. 5624: Mr. HOLT. H. Res. 1030: Mr. POE, Mr. BURGESS, Mr. FALEOMAVAEGA, and Mr. ROHRABACHER. H.R. 5629: Mr. BOUCHER and Mr. MCCARTHY SMITH of Texas, Mr. WILSON of South Caro- H.R. 5446: Mr. ELLISON, Ms. BORDALLO, Ms. of California. lina, Mr. CONAWAY, Mr. HENSARLING, Mr. JACKSON-LEE of Texas, Mr. PAYNE, Mr. H.R. 5635: Mr. CHABOT, Mr. PETRI, Mrs. PENCE, Mr. REGULA, and Mr. BUYER. MCNULTY, Mr. BURTON of Indiana, and Mr. TAUSCHER, and Mr. CROWLEY. H. Res. 1048: Mr. TOM DAVIS of Virginia. WEXLER. H.R. 5638: Mr. BOUCHER and Mr. WILSON of H. Res. 1053: Mr. MARCHANT and Mr. H.R. 5447: Mr. RUPPERSBERGER, Ms. KIL- Ohio. RUPPERSBERGER. PATRICK, and Ms. BORDALLO. H.R. 5641: Mr. MILLER of Florida. H. Res. 1063: Mr. BOUSTANY, Mr. INGLIS of H.R. 5469: Ms. SCHAKOWSKY. H.R. 5654: Mr. ABERCROMBIE and Mr. JACK- South Carolina, Mr. GENE GREEN of Texas, H.R. 5474: Mr. SPACE. SON of Illinois. Mr. BISHOP of New York, Mr. SKELTON, Mr. H.R. 5481: Mr. BURTON of Indiana and Mr. H.R. 5666: Mr. TOWNS. PAYNE, Mr. ETHERIDGE, and Mr. COHEN. CARNEY. H.R. 5668: Mr. SMITH of New Jersey, Mr. H. Res. 1069: Ms. SCHAKOWSKY, Mr. BURTON H.R. 5490: Mrs. BLACKBURN. TANCREDO, and Mr. CAPUANO. of Indiana, Mr. ENGEL, Mr. KLEIN of Florida, H.R. 5505: Mr. JACKSON of Illinois. H.R. 5670: Mr. PAUL and Mr. MCHUGH. Mr. POE, Mr. PENCE, and Mr. FORTUN˜ O. H.R. 5522: Mr. GRIJALVA, Ms. ESHOO, Mr. H.R. 5672: Ms. BORDALLO, Mr. TOWNS, Mr. H. Res. 1070: Mr. CHABOT, Mr. FORTUN˜ O, and SCOTT of Virginia, Mr. ANDREWS, Ms. HIRONO, BRADY of Pennsylvania, Mr. FILNER, and Ms. Mr. WELCH of Vermont. Mr. ROTHMAN, Mr. DAVIS of Illinois, Ms. CLARKE. H. Res. 1072: Ms. GIFFORDS. CLARKE, and Mr. YARMUTH. H.R. 5674: Mr. MCCAUL of Texas. H.R. 5532: Mr. WAMP and Mr. PETRI. H.R. 5678: Ms. VELA´ ZQUEZ. H. Res. 1075: Mr. BURTON of Indiana, Mr. H.R. 5534: Ms. LEE, Mr. WHITFIELD of Ken- H.R. 5681: Mrs. GILLIBRAND. PAYNE, Mr. HINCHEY, Ms. GIFFORDS, Mr. tucky, and Mr. SMITH of New Jersey. H.R. 5684: Mr. RODRIGUEZ, Ms. BORDALLO, MCCOTTER, and Mr. KING of New York. H.R. 5541: Mr. DINGELL, Mr. THOMPSON of Mrs. BOYDA of Kansas, and Mr. GRIJALVA. H. Res. 1077: Mr. MCCOTTER, Mr. CHABOT, California, Mrs. CAPPS, Ms. BORDALLO, Mrs. H.R. 5690: Mr. CONYERS. Ms. JACKSON-LEE of Texas, Ms. ROS- CHRISTENSEN, Mr. DEFAZIO, Mr. MORAN of H.R. 5713: Mr. BUYER. LEHTINEN, Mr. BERMAN, Ms. MCCOLLUM of Virginia, Mr. HOLT, Mr. GILCHREST, Mrs. H. Con. Res. 194: Mr. CROWLEY. Minnesota, Ms. LEE, Mr. FRANK of Massachu- LOWEY, Mrs. BONO MACK, Mr. JACKSON of Illi- H. Con. Res. 257: Mrs. MYRICK, Mr. KIRK, setts, and Mr. SMITH of New Jersey. nois, Mr. WAXMAN, Mr. FRANK of Massachu- Mr. LAMBORN, Mr. LOBIONDO, Mr. MCCAUL of H. Res. 1080: Mr. WOLF, Mr. SPRATT, Mr. setts, Mr. GONZALEZ, Mr. MCGOVERN, Mr. Texas, and Mr. BISHOP of Utah. FILNER, and Mr. BOOZMAN. H. Con. Res. 295: Mr. HENSARLING. LARSEN of Washington, Mr. MICHAUD, Mr. H. Con. Res. 315: Mr. SENSENBRENNER, Mr. f SAXTON, Mrs. MALONEY of New York, Mr. JORDAN, Mr. HULSHOF, Mr. SIMPSON, Mr. KILDEE, Mr. OLVER, Mr. LAHOOD, and Mr. CONGRESSIONAL EARMARKS, LIM- GARY G. MILLER of California, Mr. TURNER, GEORGE MILLER of California. ITED TAX BENEFITS, OR LIM- Mr. ADERHOLT, Ms. GINNY BROWN-WAITE of H.R. 5544: Mr. NEUGEBAUER. ITED TARIFF BENEFITS H.R. 5545: Mr. SESSIONS. Florida, Mr. LINDER, Mr. SHIMKUS, and Mr. H.R. 5546: Ms. MCCOLLUM of Minnesota. BOOZMAN. Under clause 9 of rule XXI, lists or H.R. 5561: Mr. CARNAHAN and Mrs. BONO H. Con. Res. 317: Mr. ACKERMAN, Mr. BUR- statements on congressional earmarks, MACK. TON of Indiana, Mr. CROWLEY, Mr. ROHR- limited tax benefits, or limited tariff H.R. 5569: Mr. COSTA. ABACHER, Ms. JACKSON-LEE of Texas, Mr. benefits were submitted as follows: H.R. 5573: Ms. WATSON, Mr. VAN HOLLEN, OLVER, and Mr. ROTHMAN. OFFERED BY MS. EDDIE BERNICE JOHNSON OF Ms. JACKSON-LEE of Texas, Mr. WEXLER, Mr. H. Con. Res. 318: Ms. LEE, Mr. SERRANO, TEXAS FILNER, Ms. WOOLSEY, Mr. FRANK of Massa- Mr. LEWIS of Georgia, Mr. RANGEL, Mr. chusetts, Mrs. JONES of Ohio, Mr. ALLEN, Mr. FATTAH, and Mr. ROTHMAN. The amendment to be offered by Ms. John- HINOJOSA, Mr. MCGOVERN, Mr. SIRES, Mr. H. Con. Res. 320: Mrs. DAVIS of California, son of Texas, or her designee, to H.R. 2537 BISHOP of New York, Mr. HARE, Ms. BALDWIN, Mr. PAYNE, Mr. TOWNS, Mr. BURTON of Indi- does not contain any congressional ear- Mr. ELLISON, and Mr. INSLEE. ana, and Mr. DOGGETT. marks, limited tax benefits, or limited tariff H.R. 5586: Mrs. MCCARTHY of New York. H. Con. Res. 321: Mr. MORAN of Virginia. benefits as defined in clause 9(d), 9(e), or 9(f) H.R. 5602: Mr. STARK, Ms. SLAUGHTER, Mr. H. Res. 265: Mrs. DAVIS of California. of rule XXI. H. Res. 652: Mr. MCCOTTER. NEAL of Massachusetts, Ms. DeLauro, Ms. OFFERED BY RAU´ L M. GRIJALVA GIFFORDS, Mr. BOYD of Florida, and Mr. PAT- H. Res. 820: Mr. COSTA. H. Res. 834: Mr. SMITH of Washington and The amendment to be offered by Rep- RICK MURPHY of Pennsylvania. resentative Grijalva or a designee to H.R. H.R. 5606: Mr. GORDON, Mr. YOUNG of Alas- Mrs. BOYDA of Kansas. H. Res. 838: Mr. ARCURI, Mr. BARTON of 2016 the National Landscape Conservation ka, Mr. TOWNS, Mr. MCCAUL of Texas, Mr. Texas, Mr. BISHOP of Georgia, Mr. CLAY, Mr. System, does not contain any congressional BURTON of Indiana, Mr. PASTOR, Ms. COSTELLO, Mr. DAVIS of Illinois, Ms. earmarks, limited tax benefits, or limited WASSERMAN SCHULTZ, and Mr. CARNAHAN. tariff benefits as defined in clause 9(d), 9(e), H.R. 5611: Mr. ROSKAM, Mrs. MYRICK, Ms. DELAURO, Mr. DOYLE, Mr. FERGUSON, Ms. or 9(f) of rule XXI. ROS-LEHTINEN, Mr. PERLMUTTER, and Mr. EDDIE BERNICE JOHNSON of Texas, Ms. KAP- LAHOOD. TUR, Mr. KILDEE, Mr. LATTA, Mrs. MCCARTHY f of New York, Mr. MCHENRY, Mrs. MILLER of H.R. 5613: Mr. NEAL of Massachusetts, Ms. AMENDMENTS ROYBAL-ALLARD, Ms. BALDWIN, Ms. MCCOL- Michigan, Mrs. SCHMIDT, Mr. SESSIONS, Ms. LUM of Minnesota, Ms. CLARKE, Ms. EDDIE SHEA-PORTER, Mr. TOWNS, and Mr. STUPAK. Under clause 8 of rule XVIII, pro- H. Res. 865: Ms. WASSERMAN SCHULTZ. BERNICE JOHNSON of Texas, Mr. OLVER, Mr. posed amendments were submitted as H. Res. 888: Mr. TIM MURPHY of Pennsyl- MCGOVERN, Mr. SPRATT, Mr. DAVIS of Ala- vania. follows: bama, Mr. MCCOTTER, Mr. PRICE of North H. Res. 925: Mr. WILSON of South Carolina, H.R. 2537 Carolina, Mr. ISRAEL, Mr. MILLER of North Ms. GIFFORDS, Mr. PENCE, and Mr. ENGLISH of Carolina, Mr. FATTAH, Ms. MOORE of Wis- OFFERED BY: MR. BILBRAY Pennsylvania. consin, Mr. PASCRELL, Ms. KAPTUR, Mr. SAM AMENDMENT NO. 1: At the end of the bill, H. Res. 977: Mr. ELLSWORTH. JOHNSON of Texas, Mr. MEEKS of New York, add the following: H. Res. 981: Mr. LEWIS of Kentucky, Mr. Mrs. WILSON of New Mexico, Ms. WOOLSEY, HONDA, Mr. ALEXANDER, Mr. HOLDEN, Mr. SEC. 11. USE OF MOLECULAR DIAGNOSTICS FOR Ms. DELAURO, Mrs. MCCARTHY of New York, MONITORING AND ASSESSING LEWIS of Georgia, Mr. SAM JOHNSON of Texas, Mr. SCOTT of Virginia, Ms. RICHARDSON, Mr. COASTAL RECREATION WATERS. Mr. CONAWAY, Mr. DAVID DAVIS of Tennessee, HALL of New York, Mr. BISHOP of Georgia, (a) STUDY.—The Administrator of the Envi- Mr. HAYES, Mr. CLAY, Mr. HIGGINS, Ms. Mr. WEXLER, Mr. LANGEVIN, Mr. PASTOR, Mr. ronmental Protection Agency shall conduct DEGETTE, Mr. LATHAM, Ms. BORDALLO, Mr. MORAN of Kansas, Mr. HONDA, Mr. LEWIS of a study to assess the benefits of using molec- FILNER, Mr. CRENSHAW, Mr. KENNEDY, Mr. Georgia, Mr. GEORGE MILLER of California, ular diagnostics for monitoring and assess- CANTOR, Mr. MCGOVERN, and Ms. HOOLEY. Mr. RANGEL, Mr. GONZALEZ, Mr. ing the quality of coastal recreation waters H. Res. 987: Mr. SESTAK, Mr. HODES, and PERLMUTTER, Mr. GRIJALVA, Mr. BECERRA, adjacent to beaches and similar points of ac- Mr. PRICE of North Carolina. Ms. LEE, Mr. UDALL of New Mexico, Mr. H. Res. 1008: Mrs. TAUSCHER. cess that are used by the public. WALSH of New York, Mr. WALZ of Minnesota, H. Res. 1019: Ms. BALDWIN, Mr. PAYNE, Mr. (b) CONTENTS.—In conducting the study, ´ Mr. LYNCH, Mr. LOEBSACK, Ms. VELAZQUEZ, RUSH, Ms. JACKSON-LEE of Texas, and Ms. the Administrator shall— ´ Ms. LINDA T. SANCHEZ of California, Mr. HIN- WATSON. (1) to the extent practicable, evaluate the CHEY, Mr. ELLISON, Mr. CLAY, Mr. THOMPSON H. Res. 1020: Mr. PASTOR and Mr. POE. full range of available rapid indicator tech- of California, Mr. KENNEDY, Mr. NADLER, Mr. H. Res. 1022: Mr. MOORE of Kansas, Mr. nologies and methods that meet prescribed FILNER, Mrs. LOWEY, Mr. ACKERMAN, Mr. WYNN, Ms. HIRONO, Mr. DAVIS of Illinois, Ms. performance standards, including— PLATTS, Mr. OBERSTAR, Ms. NORTON, Mr. LEE, and Mr. COHEN. (A) the amplified nucleic acid assay meth- CROWLEY, Mrs. GILLIBRAND, Mr. MICHAUD, H. Res. 1026: Mr. MCGOVERN, Mr. TANCREDO, od; and Ms. HOOLEY, Mr. HIGGINS, Mr. SERRANO, Mr. Mr. BACHUS, and Mr. MICA. (B) the indicator organism enterococci; BERMAN, Mrs. DAVIS of California, Mr. H. Res. 1029: Mr. PETERSON of Minnesota, and HAYES, Mr. GERLACH, Mrs. TAUSCHER, Mr. Mr. CLAY, Mr. YOUNG of Florida, Mr. FILNER, (2) compare the use of molecular RAMSTAD, and Ms. GIFFORDS. and Mr. GONZALEZ. diagnostics to culture testing of same source

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE H2072 CONGRESSIONAL RECORD — HOUSE April 8, 2008 water, including the time for obtaining re- validation of a rapid testing method for the ‘‘(C) identifies applicable water quality sults, accuracy of results, and future applica- water quality criteria and standards for standards, monitoring protocols, sampling bility. pathogens and pathogen indicators described plans and results, and the number and cause (c) PARTNERSHIPS.—Notwithstanding chap- in section 303(i)(1)(A). of coastal recreation water closures and ad- ter 63 of title 31, United States Code, the Ad- (2) GUIDANCE FOR USE OF RAPID TESTING visory days; and ministrator may award a grant or coopera- METHODS.— ‘‘(D) is updated within 24 hours of the tive agreement to a public or private organi- (A) IN GENERAL.—Not later than 180 days availability of revised information; zation to assist the Administrator in car- after completion of the validation under Page 7, line 6, strike ‘‘meeting’’ and insert rying out the study. paragraph (1), and after providing notice and ‘‘meeting or are not expected to meet’’. (d) REPORT TO CONGRESS.—Not later than 3 an opportunity for public comment, the Ad- Page 8, line 8, strike ‘‘on’’ and insert ‘‘on years after the date of enactment of this ministrator shall publish guidance for the the Internet on’’. Act, the Administrator shall transmit to use at coastal recreation waters adjacent to Page 8, strike lines 10 through 24 and insert Congress a report on the results of the study. beaches or similar points of access that are the following: (e) AUTHORIZATION OF APPROPRIATIONS.— used by the public of rapid testing methods ‘‘(3) CORRECTIVE ACTION.—If a State or There are authorized to be appropriated such that will enhance the protection of public local government that the Administrator no- sums as may be necessary to carry out this health and safety through rapid public noti- tifies under paragraph (2) is not in compli- section. fication of any exceeding of applicable water ance with any requirement or grant condi- H.R. 2537 quality standards for pathogens and patho- tion described in paragraph (2) fails to take such action as may be necessary to comply OFFERED BY: MS. EDDIE BERNICE JOHNSON OF gen indicators. with such requirement or condition within TEXAS (B) PRIORITIZATION.—In developing such one year of the date of notification, any AMENDMENT NO. 2: Page 2, line 5, strike guidance, the Administrator shall prioritize grants made under subsection (b) to the ‘‘2007’’ and insert ‘‘2008’’. the use of rapid testing methods at those State or local government, after the last day Page 2, line 8, strike ‘‘1346’’ and insert beaches or similar points of access that are of such one-year period and while the State ‘‘1346(b)’’. the most used by the public. Page 4, line 1, strike ‘‘304(a)(9)’’ and insert or local government is not in compliance ‘‘304(a)(9)(A)’’. Page 6, strike lines 13 through 19 and insert with all requirements and grant conditions Page 4, line 2, strike ‘‘1314(a)(9)’’ and insert the following: described in paragraph (2), shall have a Fed- ‘‘1314(a)(9)(A)’’. ‘‘(9) the availability of a geographic infor- eral share of not to exceed 50 percent.’’ Page 4, strike lines 4 through 16 and insert mation system database that such State or At the end of the bill, add the following: the following: local government program shall use to in- SEC. 11. ADOPTION OF NEW OR REVISED CRI- (c) VALIDATION AND USE OF RAPID TESTING form the public about coastal recreation wa- TERIA AND STANDARDS. METHODS.— ters and that— Section 303(i)(2)(A) of the Federal Water (1) VALIDATION OF RAPID TESTING METH- ‘‘(A) is publicly accessible and searchable Pollution Control Act (33 U.S.C. 1313(i)(2)(A)) ODS.—Not later than October 1, 2010, the Ad- on the Internet; is amended by striking ‘‘paragraph (1)(A)’’ ministrator of the Environmental Protection ‘‘(B) is organized by beach or similar point each place it appears and inserting ‘‘para- Agency shall complete an evaluation and of access; graph (1)’’.

VerDate Aug 31 2005 02:58 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H08AP8.REC H08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION

Vol. 154 WASHINGTON, TUESDAY, APRIL 8, 2008 No. 55 Senate The Senate met at 10 a.m. and was ator from the State of Montana, to perform ate an open, honest, and productive called to order by the Honorable JON the duties of the Chair. dialogue with Congress on the state of TESTER, a Senator from the State of ROBERT C. BYRD, the war in Iraq and the future of mili- Montana. President pro tempore. tary operations in Iraq. I hope it does Mr. TESTER thereupon assumed the occur in that manner, that there will PRAYER chair as Acting President pro tempore. be an open and honest and productive The Chaplain, Dr. Barry C. Black, of- f dialogue with us. As the American peo- ple weigh the testimony and consider fered the following prayer: RECOGNITION OF THE MAJORITY the best course of action in far-off Iraq, Let us pray. LEADER Eternal Spirit, unite us. Help the only two questions matter: First, has Members of this body to work together, The ACTING PRESIDENT pro tem- the troop surge brought us closer to finding common ground and resolving pore. The majority leader is recog- the day when our troops can come differences. Match their fervency with nized. home? Second, is the war in Iraq mak- compassion, their zeal with civility. f ing America safer? Sadly, by all ac- counts, the answer to both questions is Erase from their spirits all feelings of SCHEDULE arrogance or contempt. May they no. Mr. REID. Mr. President, we will be strive to understand and respect each The stated purpose of the surge, ac- in a period of morning business, fol- other with a spirit of humility. Lord, cording to President Bush, was ‘‘return lowing my statement and that of the make our Senators an example to the on success,’’ meaning that if the surge Republican leader, with Senators al- Nation of how to strive together for worked, the troops could come home. lowed to speak for up to 10 minutes the common good. Give them a fresh Now, the President claims success, but each, with the times equally divided burst of enthusiasm for the next chap- where is the return? It is clear to any- and controlled between the two lead- ter in the unfolding drama of the one that the violence has surged. Elev- ers. The majority will control the first American dream. Energize their efforts en Americans have been killed since half, the Republicans the final half. with the power of Your spirit. We pray Sunday in Iraq. Dozens and dozens Then we will begin again the consid- in Your sacred Name. Amen. more have been gravely wounded, in- eration of H.R. 3221, the housing legis- cluding three dozen in one rocket at- f lation. The first vote today will be at tack. Attacks on the Green Zone have 2:15 this afternoon on a motion to in- PLEDGE OF ALLEGIANCE intensified. That is supposed to be the voke cloture on the substitute amend- safest part of Iraq—the Green Zone. The Honorable JON TESTER led the ment to H.R. 3221. Pledge of Allegiance, as follows: The conflict between al-Sadr and al- f I pledge allegiance to the Flag of the Maliki shows no signs of progress; in United States of America and to the Repub- IRAQ HEARINGS fact, there is deterioration. Has the lic for which it stands, one nation under God, surge brought us closer to the day indivisible, with liberty and justice for all. Mr. REID. Mr. President, as we when our troops come home? We have speak, there are extremely important f already heard General Petraeus has re- hearings taking place on Capitol Hill. quested a freeze of troop levels and APPOINTMENT OF ACTING General Petraeus and Ambassador that President Bush is likely to accept PRESIDENT PRO TEMPORE Crocker are here. The hearings started that request. 35 minutes ago. Clearly, the eyes of the The PRESIDING OFFICER. The world will look upon the Senate as Has the surge brought us closer to clerk will please read a communication General Petraeus and Ambassador the day when our troops come home? to the Senate from the President pro Crocker testify today before the Armed Clearly, the answer is no. Has the war tempore (Mr. BYRD). Services Committee and the Foreign made us safer? No. The assistant legislative clerk read Relations Committee. These two com- Military experts agree our Armed the following letter: mittees are chaired by two of our most Forces are stretched thin beyond sus- U.S. SENATE, senior Senators and two of our most tainable levels. We are taking in—13 PRESIDENT PRO TEMPORE, able Senators, Senator LEVIN and Sen- percent of our recruits are young men Washington, DC, April 8, 2008. To the Senate: ator BIDEN. and women who have committed Under the provisions of rule I, paragraph 3, The appearances of these good and crimes: felonies, violent crime—13 per- of the Standing Rules of the Senate, I hereby honorable men, General Petraeus and cent. One out of every eight of the peo- appoint the Honorable JON TESTER, a Sen- Ambassador Crocker, are meant to cre- ple we are bringing into the military

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

S2709

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This includes Iraq, we are not fully engaged in the relatives and friends. 141,000 assigned soldiers and officers global challenge of Afghanistan, Paki- f and a police force of 347,000 strong. stan, Iran, and the Middle East, among Over the last year, the so-called surge HOUSING CRISIS others. of Iraqi security forces has been three The moral authority of our great Na- Mr. MCCONNELL. Mr. President, I or four times larger than our own tion has suffered grave damage, with know the main event isn’t housing, but surge. As we stand here, the Iraqi secu- our former allies refusing to stand with I would like to start by thanking the rity forces continue to expand, with us in even greater numbers. majority leader once again for real- young Iraqis signing up for local police Has the war in Iraq made America izing the only way to address the hous- forces to protect the border and for safer? There is no question it has not. ing crisis was to do so on a bipartisan special operations. The surge may have provided a tem- basis, and we are on the verge of doing As the Iraqis take over more of their porary window for the Iraq Govern- that. We have now made significant own security needs, Congress can help ment to make progress, but it is be- progress, and I am confident that be- by passing a supplemental appropria- coming increasingly clear every day fore the week is out, we will be able to tions bill that has been on request for the Iraq Government has squandered stand together to announce completion more than a year. These funds are also that opportunity. Even now, with the of a good and responsible bill. needed to ensure the combat readiness of the force and our forces over in Af- war in its sixth year, President Bush Most homeowners will be relieved to ghanistan as well. has failed to articulate an exit strat- know one of the earlier proposals we heard from the other side—a proposal Increased security in Iraq has led to egy. political progress in Iraq. Although sig- A person running for President, Sen- to let bankruptcy judges rewrite the terms of existing mortgages—will not nificant benchmarks remain unmet, ator MCCAIN, has said we should be progress on other significant bench- there another 50 or 100 years. be a part of the Senate’s final product. Although well intentioned, this pro- marks that seemed far off a few President Bush likes to say we will months ago is now underway. These in- only leave Iraq once victory has been posal would have led to a sharp in- crease in mortgage rates for millions of clude such things as passage and ap- achieved. It is time for the President to proval of debaathification legislation, be honest with the American people. homeowners, and Republicans weren’t going to allow that at a time when an amnesty law, and measures leading What does victory look like to Presi- to greater centralization of the Iraqi families are already stretched quite dent Bush? How does all this end? security forces. It is also worth noting thin. We must not commit our courageous the Iraq Government has started to The final bill will help neighborhoods troops to the endless task of policing meet more of its own expenses, includ- that have been hit hard by foreclosure another Nation’s bloody civil war. The ing three-fourths of the costs of its se- with provisions that limit the amount job of America’s Armed Forces—a job curity forces and a new jobs program. to which they risk and often give their of time empty homes sit on the mar- The success of General Petraeus’s lives and limbs—is to protect our coun- ket—a proposal by Senator ISAKSON. strategy is the best reason we have for try and its interests. It is time to re- This, along with the economic growth listening closely to his advice as we commit to that crucial purpose and package we passed earlier this year, move forward. Last August, he said se- begin a responsible end to this war. will put more money in the pockets of curity and local political progress will homeowners, and it will help home- f enable us to reduce the number of U.S. builders climb back from the slow- troops to presurge levels, and we have RECOGNITION OF THE MINORITY down. reason to hope the progress that has LEADER Americans don’t want to bail out the been made, both politically and in se- The ACTING PRESIDENT pro tem- speculators and those who tried to curity, will, in fact, lead to a reduction pore. The Republican leader is recog- game the system at everyone else’s ex- in troop levels. nized. pense, so this is a targeted bill that But General Petraeus has a better will help homeowners in the short term grasp than most on whether the gains f without jeopardizing the long-term we have seen are secure enough for a CELEBRATING THE VICTORY OF economy. Its likely passage later this full reduction to begin. For the sake of THE KANSAS JAYHAWKS week is something we can be proud of our long-term security, we should lis- on both sides of the aisle. ten very closely to what he has to say. Mr. MCCONNELL. Mr. President, I When Democrats on the campaign note the presence of the Senator from f trail tout their plans for Iraq and Af- Kansas in the well of the Senate. He IRAQ WAR TESTIMONY ghanistan, they often cite the need to must be coming over to celebrate the Mr. MCCONNELL. Now, to the testi- listen to the generals. The junior Sen- victory of the Kansas Jayhawks last mony on the Iraq war in committees ator from New York likes to say one of night. I assume that is the reason for today. General Petraeus and Ambas- her first actions as President would be his presence. I will let him address that sador Crocker will be here, as we all to convene the Joint Chiefs of Staff to and whatever other matter he may know. This is an eagerly anticipated help her draw up a plan for withdrawal have in morning business. But in not- update on political and military of U.S. troops from Iraq. If military ad- ing his presence, even though I know progress being made in Iraq. vice is needed to draw up plans for he has some K State leanings, he nev- Less than a year after our counterin- withdrawal, shouldn’t it be important ertheless must be incredibly proud of surgency plan went into full effect, we to draw up plans for success? the Kansas Jayhawks, as they won the have been getting a steady flow of posi- Our friends on the other side are national championship last night. tive reports on the security situation rightly concerned about military readi- f in Iraq. Overall violence in Iraq is ness. I share their concern. But the down. Civilian deaths are down. Sec- best way to ensure the military’s readi- EXTENDING SYMPATHY TO THE tarian killing is down. Attacks on ness is not to scrap a plan that has DOLE FAMILY American forces are down. As a result, been working in Iraq. The best way to Mr. MCCONNELL. Mr. President, on thousands of U.S. troops have already improve readiness is to approve the De- another matter and a sad matter, I begun to come back home. fense supplemental without arbitrary wish to start with news of the passing Another measure of the Petraeus dates for withdrawal and to fully fund of John Hanford. John was a World War plan’s success is the dramatic increase the 2009 Defense appropriations bill.

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — SENATE S2711 As most Americans, I am eager to from over there over to our soil. We Chris was both a loving husband and hear what General Petraeus and Am- cannot let that happen. a proud father. His focus and love was bassador Crocker have to say about the f his family—spending time with them, military and political progress in Iraq. playing games with them, sitting for HONORING OUR ARMED FORCES These men have spent literally decades hours just to be with them, working on mastering their respective professional STAFF SERGEANT CHRISTOPHER M. HAKE their house together. fields. They deserve our respect, and Mr. INHOFE. Mr. President, having Chris returned to Iraq on his second over the last year they have earned our returned a few days ago from my 14th tour in October of 2007. He fought back admiration. I know we will all welcome trip in the area, I think it is particu- his emotions as he said goodbye to his them and give them the fair hearing larly meaningful to remember the life 1-year-old son, but he knew what he they have earned and that this all-im- and sacrifice of a remarkable young had to do and why. He loved serving his portant mission certainly deserves. man, Army Staff Sergeant Christopher country. Once in Iraq again, Chris saw I yield the floor. Hake. Chris died on the 23rd of March, a difference in the mission and what The ACTING PRESIDENT pro tem- 2008, of injuries he sustained when an was happening with the Iraqi people. pore. The majority leader is recog- IED detonated near his Bradley fight- During his second tour, Chris said he nized. ing vehicle in Baghdad, Iraq. knew he should be there and talked of Chris grew up in Enid, OK, with two the love of the Iraqi people for him and f sisters, Shannon and Keri, and two the troops. Pete Hake, Chris’s father, CONGRATULATING KANSAS brothers, Zachary and Skylar. I was in remembered him saying: ‘‘You couldn’t JAYHAWKS Enid yesterday. I looked around and I pay me to come home early.’’ That is Mr. REID. Mr. President, I, too, rec- could see the area, the type of place the kind of dedication Chris and so ognize that the Senator from Kansas is where Chris grew up. He spent his time, many others have. on the floor today. I have to admit I as most Oklahoma boys did, attending On Easter Sunday, March 23, 2008, was pulling for Kansas because they school, playing ball, driving his car, Chris Hake tragically died of injuries were very lucky in beating UNLV to spending time with family and friends, he sustained when an IED detonated get where they are. As a result of their and going to church. His strong faith in near his vehicle in Baghdad. Three good fortune the night they beat Jesus matured during his time at Okla- other soldiers of his battalion and UNLV, I have been pulling for them homa Bible Academy. While there, he under his command were killed along- since. Had it not been for the bad night became very involved in his youth side Chris. Chris’s father recounted UNLV had, they may not have made it. group and traveled to Mexico on a mis- that Chris had said, ‘‘They would die All the men on Kansas are 6 feet 5 sion trip. Unsure of what he wanted to for each other,’’ and they did. They inches; they are virtual giants. They do after graduating from Oklahoma gave the ultimate sacrifice in serving won and it is a good day for Kansas. I Bible Academy, Chris enlisted in the their country. In a recent e-mail to his mom and acknowledge it is the first time Kansas Army in 2000. dad, he said he wanted to dedicate his has won in 20 years. They have a great Chris excelled during basic training second tour in Iraq to becoming a clos- basketball legacy and I wish them in Fort Benning and was selected to er follower of Jesus. Chris wrote: many years of good fortune in the fu- serve as a member of the ‘‘Old Guard’’—one of the oldest and most re- If anything were to happen to me, Gage ture and congratulate Senator ROB- spected infantry regiments in the U.S. would always be able to know that his father ERTS and the Kansas Jayhawks for died so he could live in peace. I know Jesus their great victory last night. Army. As a member of the Old Guard, Chris was responsible for guarding the did the same for me, so it is comforting. I f don’t have a nervous bone in my body this Tomb of the Unknowns at Arlington time. I am more at peace than I have been RESERVATION OF LEADER TIME National Cemetery and escorting de- my whole life. ceased Army servicemembers to their The ACTING PRESIDENT pro tem- On March 31, Chris returned to Okla- final rest in the ‘‘Garden of Stone,’’ as pore. Under the previous order, leader- homa and was greeted by an honor Arlington is sometimes called. While ship time is received. guard from Fort Sill, members of the serving in the Old Guard unit, the Pen- Patriot Guard Riders motorcycle f tagon was attacked on September 11. group, Airmen from Vance Air Force MORNING BUSINESS Chris was immediately called upon to Base, and a mass of fellow Oklahomans clear the Pentagon after the attack. The ACTING PRESIDENT pro tem- to honor this American hero. It was ob- This solidified Chris’s commitment to vious he held the respect of so many, pore. Under the previous order, there the fight for freedom in the world and will not be a period of morning busi- and he was a beloved son, father, and to protect the people of America. He husband. ness for 60 minutes, with Senators per- saw that opportunity in Iraq. mitted to speak therein for up to 10 I read through some of the comments In 2004, Chris transferred to the 4th written in Chris’s online guest book, minutes each, the time equally divided Battalion, 64th Armor Regiment, 4th between the two leaders or their des- and I would like to share a few of these Brigade Combat Team, 3rd Infantry Di- with you: ignees, with the majority controlling vision at Fort Stewart, GA. While Thank you for your sacrifice—my children the first half of the time and Repub- home during the summer of 2004, he licans controlling the second half. will know what men like you have done for met Kelli Short and it was love at first them. The Senator from Oklahoma is recog- sight. They married on 21 December I am the mom of a soldier serving in Iraq nized. 2004, and Chris deployed on his first and just wanted to tell you how proud I am f Iraq tour in January. of your son, husband, and daddy. Chris was disillusioned after his first Know that 1st Squad will always maintain IRAQ tour, feeling many of the decisions and exceed the standards you have set. We miss you. Mr. INHOFE. Mr. President, first, I being made back in DC were negatively I read through all of the entries and cried. associate myself much with the re- impacting their ability to accomplish I hope it is comforting to know that there marks of Senator MCCONNELL. Serving the mission. I know this is true be- are so many of us praying for you. on the Senate Armed Services Com- cause I talked to the troops when I was John 15:13—Greater love has no one than mittee and having been in that theater over there on the 14 trips I have made. this, that he lay down his life for his friends. more than any other Member from the As we speak, in the Senate Armed The ‘‘Spartans’’ will keep you close to our hearts forever in time. very beginning, it is so obvious to see Services Committee, General Petraeus Thank you for being my son. Thank you what the cost of defeat would be. When is telling us the truth about what is for Gage, a little copy of you. Thank you for you look at Iran and Ahmadinejad say- happening over there. fighting and making a stand. Goodbye, my ing that if the Americans cut and run, Chris returned to Fort Stewart after son, my baby boy, my U.S. soldier, my pride ‘‘there will be a void and we will fill his year in Iraq, and on October 14, and joy. that void,’’ it would be a disaster for 2006, Kelli gave birth to Gage Chris- Today, we remember Staff Sergeant freedom and that would bring the fight topher Michael Hake. Chris Hake, a young man who loved his

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2712 CONGRESSIONAL RECORD — SENATE April 8, 2008 family and loved his country. Chris was reer to helping kids and young people But his contributions go far beyond doing the Lord’s work, and the Lord is and families everywhere find success. legislation. Outside of my office, his richly blessing him now. He has worked with the National Urban attention to building personal relation- I yield the floor. Coalition, in the office of Congressman ships has earned him tremendous re- The ACTING PRESIDENT pro tem- Gus Hawkins, at the National Safe spect and admiration of workforce pore. The Senator from Kansas is rec- Kids Campaign, and with a number of leaders across my State. Inside my of- ognized. nonprofits. In every one of those posi- fice, he has earned all of our respect. Mr. ROBERTS. Mr. President, first, I tions, he has worked behind the scenes He is a mentor to all of his coworkers. wish to associate myself with the for policies that keep our working fam- He has never been one to close the door thoughtful and special remarks of Sen- ilies strong. behind him. He is always generous with ator INHOFE, a member of the Armed Before he came to my staff, Bill his time, and he has helped bring up Services Committee. He is a champion spent 6 years at the Department of the next generation of staffers who rely of our young men and women in uni- Labor under President Clinton where on him so much for his sound advice or form. I thank him for his comments on he served as chief of staff for the Em- a good pep talk, whichever they need. behalf of another brave patriot who ployment and Training Administra- Bill has an uncanny knack for keep- paid the ultimate sacrifice and his trib- tion. When he worked at the Labor De- ing everything balanced on staff. He ute to one of America’s heroes from partment, one of his responsibilities sets realistic expectations, but he does Oklahoma. Thank you, Senator, for the was to implement the Workforce In- not ever let anyone get discouraged. I job you do, thank you for your tribute vestment Act, which is, as we all know, know that will carry him far in this to this young man’s life and sacrifice. the cornerstone of our national job world. (The remarks of Mr. ROBERTS are training system. So I come to the floor today to thank printed in today’s RECORD under Since coming to my staff, he has Bill for his work and for his dedication ‘‘Morning Business.’’) worked diligently on WIA, and thanks to our country, and I thank him for his Mr. ROBERTS. I yield the floor. to him workers today have access to personal advice so many times, his en- The ACTING PRESIDENT pro tem- the training they need so they can still thusiasm, and his passion for working pore. The Senator from Washington is be successful in life no matter what families in my State and across the recognized. happens to them. country. I wish him the best as he f Bill has been the staff director for moves on. He will be dearly missed. my Employment and Workforce Safety Mr. President, I yield the floor. TRIBUTE TO BILL KAMELA Subcommittee. His dedication to those The ACTING PRESIDENT pro tem- Mrs. MURRAY. Mr. President, I come working families, as well as his passion pore. The Senator from Ohio. to the floor this morning to talk about for public service, has made it possible f a very special person on my staff. Bill for us to make progress on the key COLOMBIAN FREE TRADE Kamela came on to head my HELP piece of legislation to which he has de- AGREEMENT Subcommittee on Employment and voted so many years, the Workforce In- Workforce Safety about 5 years ago. vestment Act. Mr. BROWN. Mr. President, at the Ever since then, he has been a critical What impresses many of us in the conclusion of my remarks, I will yield part of my staff. Senate is that he works across the to Senator STABENOW of Michigan who Bill is a trusted adviser, and I think aisle, and he brings people of all kinds will also talk about trade adjustment what impresses all of us the most is he to the table to get things done. He has assistance in Michigan and Ohio and truly is a visionary when it comes to worked tirelessly, as I said, to fund and all that our States are going through making the Federal Government a strengthen WIA and other job training in large part because of misdirected strong partner in worker training and programs to help workers find and keep trade policies. safety. good-paying jobs. Yesterday, President Bush an- Thanks to the work of Bill Kamela, He also worked extremely hard and nounced he would send a proposed Co- across the country today, fewer em- impressively on the Miner Act, which lombian Free Trade Agreement to Con- ployees have to worry about the danger improved safety and ensured coal min- gress for a vote. He does this over the of hazards or unsafe working condi- ers have better access to lifesaving opposition of the Democratic leader- tions that they go to work every day equipment, air, and water in case of an ship in the House and in the Senate, in and see. Because of his good work and accident. defiance of our desire to work on a bi- insistence, more workers today get ac- But I think one of the things I will partisan basis, and in direct opposition cess to good-paying jobs, training, and remember Bill the most for is his work to the desires of a growing number of advancement. on helping us to pass in the Senate the Ohioans and Michiganders and Ameri- I come to the floor today because Bill Ban Asbestos in America Act. He sat cans all over this country. In doing so, is now preparing to move on to the with me in countless meetings. He President Bush has nailed shut the next phase of his career. While we are talked to so many families. He held the fast-track coffin. all in my office very happy for him, we hands of widows whose spouses had As my colleagues know, this agree- are all extremely sad to see him go. I died as a result of their exposure to as- ment was negotiated under the so- wanted to come to the floor today to bestos. And he brought so many people called fast-track provisions. It is an ex- take just a couple minutes to recognize to the table and diligently worked de- traordinary procedure provided only Bill’s tremendous contribution on be- tail after detail after detail until we for trade agreements, not for any other half of working families throughout could bring up this bill in the Senate kind of legislation. Trade is that spe- the entire country. and, after many years, finally pass it. I cial and that important to a very nar- Bill grew up in Buffalo, NY, where he owe him a debt of gratitude for that, row but very powerful, very influential learned the value of hard work and and I want him to know as he leaves group of people in this country. Con- public service. Although he left Buffalo my office we are going to keep working gress decided years ago to delegate an for Washington, DC, many years ago, under his name to get that bill done enormous amount of power to the exec- anyone who has spent time with him and to the President so those people he utive branch to negotiate trade agree- knows that his passions are all things has worked with can finally see this ments. In nothing else does this body, Buffalo, especially his beloved Buffalo bill become law. charged under the Constitution with Bills. We know when it comes to them, I have to say again he has been in- specific duties and responsibilities, they take precedence over anything strumental in our efforts to make the give that much power to the executive else that is going on. Federal Government a strong partner. branch as it does with these trade Anyone who has worked with Bill He brings together educators, work- agreements. also knows that he took to heart those force folks, labor, and employers be- Under the fast-track provisions, once lessons he learned growing up there cause he knows everyone needs a seat presented to Congress, a so-called free- about the importance of public service. at the table so our workforce can com- trade agreement triggers a 90-day clock Bill has dedicated his life and his ca- pete in this global economy. for consideration of the agreement. No

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NAFTA, CAFTA, and Colombia pro- compliance. So why do we think they International organizations and tect the drug companies and the in- will use the provisions in this trade human rights groups look at Colom- vestment banks. They protect the cor- agreement, the Colombian Free Trade bia’s record with urgency and alarm. porate interests. Theirs is sort of a Agreement, to require labor compli- Human rights defenders, trade union- high-class protectionism. But pro- ance? Of course, they won’t. But when ists, and community leaders in Colom- tecting labor, protecting consumers, there is a commercial dispute or a drug bia are today receiving death threats that is not protectionist. That is the patent dispute, the administration from the rearmed paramilitary group, duty of Government. comes down on a country with all the known as the Black Eagles, and are Many in this Chamber will recall the fury it can muster. Protect the drug reeling from a new wave of violence. debate on the Central American Free companies? The administration says This leaflet blown up, of course, was Trade Agreement. We had a coalition yes. Protect workers? No thanks. Pro- distributed at a March 6 rally in Co- of religious people, consumer advo- tect oil interests? The administration lombia. The beginning says: Death to cates, environmentalists, small busi- says, of course. Protect the environ- the leaders who march for peace and ness, medium-size manufacturers, and ment? The administration says, no justice. This was a peace and justice organized labor in opposition to thanks. Protect the banks and the fi- rally. The Black Eagles handed out CAFTA. CAFTA’s proponents said if it nancial institutions? The administra- this leaflet to state their point of view, did not pass, poverty would get worse tion says: Where do I sign up? Protect if you will. Before, during, and after in Central America. CAFTA, they food safety for our children, protect this countrywide rally on March 6 promised, would promote economic toys for our children, food safety for against paramilitary and all forms of growth and curb the violence in Cen- our families? The administration is not violence, at least two march organizers tral America and would serve as a particularly interested. were killed. model for strengthening democracy. Why then should we consider a trade Union leaders Carlos Burbano and The U.S. Trade Representative, Mr. agreement with a country such as Co- Carmen Cecilia Carvajal were killed for Zoellick, said ‘‘if CAFTA stumbles, lombia which is known as the most trying to voice their views. At least labor rights in Central America will dangerous country in the world to be a three other leaders were killed in not be strengthened,’’ as if anybody in union activist? In fact, Colombia has events also associated with the march. this administration really wanted to an unbroken record in recent decades March organizers all over the country strengthen labor rights. The reality is of leading the world in trade unionist received death threats such as these. that there have been disturbing devel- killings. Violence against unionists One organizer’s house was attacked opments in the region, including the continues at extremely high levels. The with gunfire a week before the rally on recent passage by the Honduran Gov- vast majority of trade union assassina- February 29. ernment of a law to create exception tions remains unsolved. These human rights issues are ex- zones that will allow foreign factories Preliminary figures show that be- ceedingly serious. Yet the administra- to pay less than the national minimum tween 12 and 17 trade unionists were tion cavalierly casts them aside, barely wage. killed in the first 3 months of 2008. acknowledging the culture of violence How does that help Honduran work- Among those murdered was Carmen and impunity. ers that there is a zone in which they Ramirez, a teacher and member of the Just the merits of the Colombian pay a subminimum wage? teachers union. She was killed on her Free Trade Agreement is another fun- Labor ministries in Central Amer- way to work on March 4. damentally flawed trade pact in the ican countries still lack the staffing Gomez Rozo Leonidas, the director of long line of trade agreements such as and the resources to implement their the National Union of Bank Workers, NAFTA and CAFTA, in the long line of programs. In many cases, budgets have disappeared on March 5 and was found bad trade policies such as PNTR with actually been reduced since the passage dead 3 days later. China. If these are really ‘‘free’’ trade of the Central American Free Trade A subunit of the attorney general’s agreements, if it did what its sup- Agreement. office was established in 2006 in Bogota porters tell us, simply knocking down Consistent with its history of repeat- to accelerate resolutions of assassina- trade agreements, it would be a smaller ing the same act and expecting dif- tions of trade unionists. Despite more document. It would be a couple of ferent results, the administration now resources for these cases, convictions pages, just getting rid of tariffs. In- wants Congress to approve a deal with have lagged behind murders, leaving stead, it is many more pages, such as Colombia, a country where there are the unsolved murder/conviction rate at NAFTA. NAFTA was 900 pages of rules increased and continued death threats 98 percent. Of the 2,283 murders be- and regulations, having little to do against labor activists, followed by as- tween 1991 and 2007—2,283 murders of with trade because instead of simply sassinations of labor activists, followed union activists in that 17-year period— eliminating tariffs, which we would by nothing, followed by no prosecution, there have been 50 convictions. There like to do, these agreements are no attempts to find the killers, contin- have been 50 convictions out of 2,283. packed with rules on investment, serv- ued excuses from President Uribe, and Does that sound like the Government ices, procurement, telecommuni- continued excuses from the U.S. Cham- really is interested in going after hate cations, drug patents, and more. ber of Commerce, the U.S. Trade Rep- groups like this? So why do we get thousands of pages resentative and, frankly, yesterday, We need to craft trade policies that of seemingly nontrade issues in a trade President Bush himself. deliver the long-term results we need, agreement? Because these trade agree- The administration has shown no not just the short-term profits a few ments are rules to protect corpora- willingness to enforce labor and envi- multinational companies crave. When tions, not rules to protect workers. ronmental rules at home, so it is hard- it comes to trade and the Bush admin- These trade agreements are rules to ly surprising it would ignore violations istration, idealogy trumps outcomes. protect the drug companies, not to pro- among our trading partners. Special interests always—always— tect the environment; rules to protect There have been well-documented trump U.S. interests. hedge funds, not rules to protect con- abuses of sweatshops in Jordan, despite Congress needs to reject this agree- sumers; rules to protect Wall Street, the supposedly better labor standards ment. The Senate needs to make a not rules to protect Main Street. in that agreement. Jordan, to its cred- clear statement that we stand for a Notice the word ‘‘protect.’’ They— it, has taken steps to crack down on better approach to trade, one based on the editorial writers, the Harvard these companies and work with non- using our market as leverage to raise

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It includes a provision that Senator Mr. President, joining me today is guess is that would be a pretty big per- LINDSEY GRAHAM and I have been work- Senator STABENOW of Michigan, who, centage of the folks who live in a State ing on, a bipartisan agreement we have during her almost 71⁄2 years in the Sen- you love dearly and advocate for every worked on for years, to create what we ate and time in the House, has been a day—425,000 people in the last 71⁄2 years. call a U.S. Trade Prosecutor but basi- stalwart advocate for workers in Again, we know the economy is cally is a chief enforcement officer—a Michigan and across this country, and changing, and we are focused on ad- place for business to go when their pat- she is particularly interested in this vanced manufacturing. We are focused ent is stolen or there is an unfair trade trade adjustment work, with the prob- on new technology. Michigan is becom- practice against them so we have some- lems in Michigan. She has stood ing a leader in alternative energy and body fighting for American businesses strong, and we are joining together will be a leader in alternative energy, and American workers. That needs to today. but we have to continue to make get done. I yield to Senator STABENOW. things in this country. That is what We need the strongest possible cur- Ms. STABENOW. First of all, I thank manufacturing is about. I happen to be- rency bill to address what is, in fact, Senator BROWN for his eloquence and lieve that an economy doesn’t grow un- against the law and creating an unfair his comments and his conviction. I less you make things and grow things advantage—particularly as regards know he would agree with me that we and then you add leverage to it and China but in the case of the auto indus- want trade; we just want to export our you add value to it. That is how you try, Japan as well—where they are ma- products, not our jobs. That is what we have an economy. That is how we have nipulating their currency and selling want to export. had an economy and a middle class products to us that get anywhere from It seems to me, Mr. President, that that has been the envy of the world. a 5-percent up to a 40-percent discount the administration, one more time, is Frankly, when we look at creating a right off the top because of the valu- getting the cart before the horse. We level playing field, we ought to be talk- ation of their currency. That needs to hear all the time about the interest in ing about bringing other countries up change. That is called a level playing beefing up trade enforcement and pass- to us, not racing to the bottom. Ameri- field. ing Trade Adjustment Assistance or cans have been told: If you only work Finally, Mr. President, we need to dealing with currency manipulation for less, lose your health care benefits, make sure we extend unemployment and so on. Yet those things are not lose your pension, we can be competi- benefits for folks who have been unem- happening, and the administration tive. Senator BROWN talks about Co- ployed due to our inaction on trade or comes forward one more time with an- lombia setting up zones, or other coun- through other parts of the economic other trade agreement without those tries, where companies don’t have to upheaval we have been in, in so many things in place. even pay minimum wage in those coun- parts of the country, and which, unfor- Now, I first wish to thank the chair- tries. If they come in as an American tunately, is growing across the coun- man of the Finance Committee for company or a company from another try. I think Michigan was the canary speaking out very strongly about this part of the world, they can come in and in the coal mine, in many ways. We and for introducing the bipartisan pay workers less. That is a race to the were hit hardest first—the epicenter of Trade Adjustment Assistance bill that bottom. That is not a race we can win, manufacturing—but this is now spread- he has indicated must be passed before and I don’t want to win it because if we ing across the country. We need to this trade agreement is even consid- win that race, we have lost the Amer- make sure the middle-class person who ered. I appreciate that very much and ican dream. We have lost the middle has lost their job has the opportunity his willingness to report from the Fi- class of this country. What we want is to at least put food on the table and nance Committee, on which I am hon- a race up, and that means education, pay the mortgage while they are con- ored to serve, a bill dealing with cur- innovation, changing the way we fund tinuing to look for work. rency manipulation. We have a trade health care, and, yes, it means a level I believe those things need to be put enforcement bill as well. playing field on trade. in place before we send any more trade But the reality is that we have not I believe that before we can go fur- agreements forward—a trade agree- received support from the administra- ther with trade agreements, there are ment that we don’t have the capacity tion, and we have not seen the willing- four things we have to make clear we to enforce, where we are not helping ness to make this the priority it needs are going to get done on behalf of the workers who have lost or will lose to be in terms of our families. I know American workers and American fami- their jobs, and where we are not ad- it is a priority for our leader. I know it lies: dressing the broader issues that have is a priority for the chairman of the Fi- Trade Adjustment Assistance. There cost us jobs every single day. nance Committee and the majority of is an excellent bipartisan bill which I am stunned. We got the new num- us on that committee. Yet still today has been introduced in the Senate bers on Friday for what has happened. we are here one more time with an ad- which is a bill that would extend and Last week’s dismal jobs report was re- ministration that, rather than listen- improve upon trade adjustment assist- leased. It was reported that our Nation ing to the leadership, the Speaker, ance. This was set up so that if some- lost 83,000 jobs last month—83,000 jobs rather than listening to our leadership body loses their job because of trade, last month. We know what is hap- and being willing to address the needs they are going to be able to go back to pening. We know we are in a recession. of workers who have lost their jobs be- school and they are going to have their We have known it in Michigan for a cause of trade, sends up another trade health care benefits continued for a long time. Yet President Bush’s Chief agreement. And as my friend from Ohio couple of years while they get retrain- Economist, Edward Lazear, said: has indicated, it is not one that focuses ing to be able to go into that new econ- I don’t focus too much on the monthly un- on what is right in terms of workers— omy we all talk about. employment rate because it has been a bit either the workers in Colombia or the Secondly, we have to have a stronger volatile. workers in Michigan or Ohio or Mon- trade enforcement operation in this A bit volatile? Three weeks, 4 weeks tana or across the country. From my country. Mr. President, we have some ago, we were hearing: Well, the under- perspective, it is hard to imagine that 230 different trade agreements. Accord- lying fundamentals of the country are since the beginning of this administra- ing to former Secretary of Commerce good. We have a little housing problem, tion, almost 8 years ago, we have lost Mickey Kantor, who came before the but the underlying fundamentals are 3.6 million manufacturing jobs—mil- Finance Committee, we have the good. lion. That means 3.6 million families smallest trade enforcement office of With all due respect, I don’t know who had great middle-class jobs with anyplace in the industrialized world— what planet these folks are on, but the health benefits and pensions now find the smallest trade enforcement office. reality is that we have seen a conver- themselves either unemployed or un- So we need to beef that up. Again, we gence of issues, from the housing situa- deremployed in many situations. In my have legislation to do that. We just tion, to the broader financial markets,

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So, Mr. President, I am extremely against the al-Qaida know the dangers In addition to security progress, the hopeful that we will say no to this Co- of defeat. They know what they and Iraqis are also making critical political lombian Free Trade Agreement and others like them have done. Their word progress. While this front has been the that we will stand up for Americans, to us is: We as a nation, but more spe- slowest—and we must continue to de- that we will stand up for Americans cifically we as your military, have mand that the Iraqis assume greater who have lived their lives working made too many contributions and too control—the Government has taken hard, trying to play by the rules, and many sacrifices to walk away from this several important steps. The Iraqi Gov- who expect us to stand up for them, essential battle for our freedom and de- ernment has enacted a pension law and American businesses that have clare defeat. that keeps the promises made to done the same thing. Let’s pass Trade My own son, a marine, returned last Sunnis. It has enacted a debaath- Adjustment Assistance the right kind fall from his second tour of Iraq with ification law that allows midlevel of way. Let’s make sure we have a his scout snipers. He returned on suc- Baath Party members to reenter polit- strong policy on currency manipula- cess because they cleaned al-Qaida out ical and civic life. It has passed a budg- tion. Let’s make sure we toughen our of Falluja and Al Anbar, and they et that focuses spending on security re- trade enforcement laws. And let’s most turned the job of keeping security over construction projects and provincial certainly recognize the tens of thou- to the Iraqi Sunni Citizens Watch and governments. It has enacted an am- sands—millions at this point—of those the police. nesty law, and it has reached agree- who are on unemployment insurance If my colleagues will listen today to ment on a provincial powers law that and who are asking us to extend those the voices of veterans who are on the will ensure the Iraqis the right to be benefits, as has been done in every Hill in their tan golf shirts, they are heard in upcoming elections. other time of recession, so that they the voice of people who have been in Democrats are in denial of the have the ability to be able to care for the field—the Vets for Freedom, with progress in Iraq despite this evidence of their families while they are looking whom I have had the honor of being both security and political gain. Their rejection of the reality in Iraq does not for a job. this morning, and to General Petraeus Mr. President, I hope we will value and Admiral Crocker—these are the extend just to the current Petraeus and the dignity of work and what millions people we need to listen to, not the Crocker testimony, however. Some who of Americans are going through every voices of moveon.org and the Code favor retreat and defeat in Iraq have also taken issue with the classified day now and understand it is our job, Pink extremists. We need to bring our Iraq National Intelligence Estimate, or first and foremost, to fight for them. troops home, but we need to bring I thank the Chair. them home on success. That is what NIE, distributed to lawmakers last The ACTING PRESIDENT pro tem- they fought for; that is what they are week. Always quick to tout and cherry-pick pore. The Senator from Missouri. there for. information from a NIE that can be f As one man in the field reported today: You can’t be for us, for the twisted to support their motives, the IRAQ troops, and against the war because we retreat-and-defeat gang has outright Mr. BOND. Mr. President, I know are the war. rejected the latest Iraqi intelligence many people have been watching Gen- Despite the evidence of progress in report. They claim it is ‘‘too rosy.’’ Unfortunately, this denial is no more eral Petraeus and Ambassador Crocker Iraq, the media seems trigger happy to than rhetoric and fodder for the main- reporting on what is going on in Iraq. report bad news. Less than 48 hours stream media because we know that Obviously, it is very important infor- after Iraqi security forces began their defeat in Iraq would have serious na- mation, and I would hope we would campaign against the militant Shia tional security implications and do heed what they are saying. factions in Basra, the media already great harm to our image around the Regrettably, I must say that too was declaring the operation a failure. world, an image that so many of our many in the Democratic Party remain The operation initiated on March 25 colleagues on the other side say they in denial over the progress being made was designed to quell rogue factions of wish to repair. Iraq is the central bat- in Iraq and still remain politically Muqtada al-Sadr’s Mahdi army. In cov- tleground in the war on terror. In addi- vested in defeat. We have heard the ering the fighting, the press displayed tion to giving al-Qaida safe haven, de- leaders of the party say: Oh, we have its previously seen penchant for quick- feat in Iraq would embolden a possibly already lost. They believe that might ly throwing in the towel when the mili- nuclear-armed Iraq. The intelligence give them an advantage in the Novem- tary operation does not instanta- community has stated in an open hear- ber elections. That is certainly a bad neously achieve its goals. If the oper- ing before the Intelligence Committee way to decide what our strategy should ation were a failure and didn’t meet its earlier this year that if we withdraw be to defend the security of the United goals, then why did Muqtada al-Sadr from Iraq before their army and police States. order a cease-fire? I don’t know of any can maintain security, violence and We have made great progress in our commander who has declared a cease- chaos will spread across the region. fight against terrorism. The war is far fire when he is winning. This has been a tough fight. We have from won, but today there is no ques- Right now, General David Petraeus lost over 4,000 of our bravest and finest tion that the central battleground in and Ambassador Ryan Crocker are tes- men and women. The surest and most the global war on terror is Iraq. Our tifying before the Senate on the fitting way to honor their memory and men and women in the military are progress being made in Iraq. I expect their service is to ensure victory, not fighting the al-Qaida terrorists there in that testimony will show that the new defeat. Iraq, where Osama bin Laden and counterinsurgency, or COIN strategy, Mr. President, I have several Mem- Ayman Zawahiri say they are going to backed up by the surge, has been work- bers on my side who have been waiting establish their caliphate. We are fight- ing and has brought Iraqi citizens to for time in morning business. What is ing that war so that future generations our side in the fight against al-Qaida. the situation? will not have to fight them on our own Since the surge forces began oper- The ACTING PRESIDENT pro tem- soil. ating under this new policy in mid-2007 pore. The Republicans control 9 min- For my colleagues who argue we and the adoption of the COIN strategy, utes. should not be fighting them in Iraq but there is some important security Mr. BOND. I yield the floor. in Afghanistan, let me get you a little progress to point to. Overall violence The ACTING PRESIDENT pro tem- bit of intelligence news. Al-Qaida is not in Iraq, civilian deaths, sectarian pore. The Senator from Texas.

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I and letting al-Qaida have a base in Iraq and occupies as their residence any was able to watch a little bit of it be- are much more expensive. We are talk- home that has been foreclosed upon or fore I came over here. I was beginning ing about 9/11 costing over $1 trillion, if is owned by a bank or lender, new or to see, of course, the questioning from you put it in monetary terms, which I resale, and any resale owned by an the Armed Services Committee. I think don’t think we should—this is not the owner occupant who is fending fore- it is so important that we look at the thing that we should even be consid- closure. big picture and what General Petraeus ering. We should be supporting our There have been two comments made is saying. Also, of course, we have Am- troops, and we should be supporting about what is wrong with this proposal bassador Crocker who is doing a ter- the effort that would require complete that are exactly the opposite of what is rific job over there. success for our country. This is the really right about this proposal. No. 1, I was there at the end of February, United States of America. in one editorial it said it is rewarding just 6 weeks ago. I met with both of I met with the Vets for Freedom who people who did not pay their payments them. But what I saw was an incredible just met by Senator BOND as well. They and punishing people who are making change from the other time I had been are the patriots who have been there, their payments. It is not rewarding in Iraq. As General Petraeus said him- who know what it is like, and who are anybody. If you are purchasing a fore- self, from June 2007 through February saying stay and fight and win. It is the closed-upon house, the damage has al- 2008 deaths from ethno-sectarian vio- right thing for the United States of ready been done to the borrower. The lence in Bagdad have fallen 90 percent. America to do. family who didn’t perform is not re- American casualties have fallen sharp- I yield the floor. warded. In fact, they have already suf- ly, down by 70 percent. In the last year, The ACTING PRESIDENT pro tem- fered their punishment. But everybody the number of high-profile attacks pore. The Senator from Georgia. else in the neighborhood is suffering have fallen by 50 percent. Mr. ISAKSON. I thank the distin- punishment because that vacant house All of us believe one American death guished Senator from Texas for allow- sits there deteriorating and causing de- is not worth the price we would pay if ing me part of the time. I ask unani- clining house values. we had a choice. But every one of those mous consent to be recognized for 10 Secondly, it does not punish the who are there understand our mission minutes. homeowner who is in their house mak- and how important it is. Every one of The ACTING PRESIDENT pro tem- ing their payments because the truth those with whom I have met, both the pore. Without objection, it is so or- is, that home owner is hurt more when people who have returned from Iraq dered. a foreclosure sits vacant and unsold and Afghanistan and the families of Mr. ISAKSON. I associate myself than it is when that property is taken, those who have lost loved ones, say: Do with the remarks of the distinguished not leave. Do not leave without a vic- bought by a homeowner, reestablished, Senators from Texas and Missouri. I tory, without seeing through the suc- the lawn is kept, the values are sta- am grateful for great Americans such cesses that we have gained. bilized. They understand this mission. Unfor- as David Petraeus, and I am particu- The fact is, we have an obligation at tunately, it does not seem that the ma- larly grateful for the young men and this critical time in our economy to do jority in the Congress see it as those women, Americans who volunteer day what we can to stimulate the market who are on the ground and who have and night, who go to defend liberty, to solve our problems, not have a suffered the most do. As recently as peace, and freedom around the world. I plethora of government solutions to February, the Senate leadership was come to the floor now for just a few problems. Stimulating the market to trying to stop the surge by requiring minutes to speak on the housing bill go back, absorb these houses, get them an immediate and arbitrary with- pending, coming back, and the stim- back in owner-occupied hands, get drawal of U.S. forces from Iraq when ulus bill coming to the floor, and a clo- them out of REO inventory is precisely we didn’t even have the results. Yet ture vote that is going to take place at what we need to do. those of us who have been there re- 2:15. Now, I do not come to this opinion as cently have seen the results. f someone who has no experience; I come to it based on experience 33 years ago, I went to a police station with our HOUSING CRISIS embedded forces and to a security re- in 1975. I was in the business. The gional center with embedded forces. I Mr. ISAKSON. Mr. President, I come United States had gone through a seri- did that because I was very concerned. to the well specifically today to talk ous decline in housing. We had a prob- I wanted to see it myself. I was very for a few minutes about the tax credit lem. We had a 3-year supply of new pleased with the fact that our troops proposal that is included in the base houses standing unoccupied on the embedded there were causing the Iraqis bill as introduced by Senators DODD market. Buyers retreated because they to come forward and do more and help and SHELBY and approved by the Fi- did not know where the bottom was. us. nance Committee, Senator GRASSLEY, The economy went down. Everything The Sons of Iraq, which are now and Senator BAUCUS. To that end I was in a mess. 91,000 strong, are serving as neighbor- want to pay particular thanks to the Gerald Ford, a Republican President, hood watches. They are manning the staff of the Finance Committee for the and a Democratic Congress came to checkpoints. They are taking us to the tremendous work they did with respect this very floor and introduced a $2,000- weapons caches. Do you know that, to the housing tax credit amendment a-year tax credit to any family who since the beginning of this year, we which is now part of the base bill. went and bought one of those standing have found, because of the Sons of I come here today, though, to correct vacant new houses only—not any Iraq’s cooperation, more weapons than some misinformation that has been ap- house, the standing vacant new houses we discovered in all of 2006? We are pearing in the media particularly over that were there, the problem houses. making progress. Mr. President, 21,000 the past weekend and in a couple of na- They passed the $2,000 tax credit. The of the Sons of Iraq have now been ac- tional publications and Washington market immediately responded. Within cepted into security forces or govern- newspapers with regard to the housing the 1-year window of opportunity for ment work. It is amazing that we are stimulus and tax credit being inappro- that credit, two-thirds of the standing seeing military gains, and we are see- priate or wrong. The presumptions of inventory was absorbed, home values ing political gains. It is not as fast as those who have written are absolutely stabilized and began to go up, and the we would like to see it, of course, but inappropriate and wrong. Although economy returned to vitality. it is progress. It is in the right direc- they are attempting, I am sure, to con- So I ask those who are writing in tion. tribute to the debate, they are in fact criticism about a bill rewarding people

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — SENATE S2717 who did bad things and punishing peo- puzzled about the possible unintended ues, and the neighborhoods begin to re- ple who did it right, they are exactly consequences of this tax break? store. the opposite; the damage has already Mr. ISAKSON. The Senator’s ques- Remember this: The tax credit is been done when the foreclosure has tion is right on target. My answer to only good for a year. It is only a finite taken place, and the reward is to sta- you is not an opinion, it is a statement period of time to drive people to the bilize neighborhoods for those who are of what actually happened in 1975. In market in hopes that they will absorb in their homes and paying. 1975, there was no demand for housing those houses because if they do not, I think the wisdom of the Finance because the plethora of houses that the only way they get absorbed is Committee and the Banking Com- were on the market that had been fore- through deeper discounts because regu- mittee to incorporate this provision is closed on that were built new were not lators are going to force those lenders an insurance policy that we in Con- being sold. Nobody was in the market. to dump them. The deeper the dis- gress can do good things to drive the When the $2,000 tax credit was estab- count, the more depressed values are, market, to help solve problems. You lished and those houses began to be ab- and the more difficult it is for anybody hear all those problems about us mak- sorbed, the housing values stabilized. to sell their house at a reasonable ing payments for people and doing So there was not a disadvantage to the value. things to take money from one Amer- person who was trying to sell who was Ms. MIKULSKI. Well, first of all, I ican and give it to another in a time of in the house, it was actually an advan- thank the Senator for explaining this. trouble. That only postpones the inevi- tage. You can understand the origin of these table. It does not solve the problem. The disadvantage you have right now questions. It is not only what I feel, But stimulating buyers back to the is nobody knows where the bottom is. but those working in our communities, marketplace to absorb those houses Because foreclosures are taking place, those trying to sell homes, they all feel that have been foreclosed upon or are the values are going down. Those val- pretty much the same way. But I thank pending foreclosure addresses specifi- ues, because of the cost-to-replace the Senator for answering that ques- cally the housing crisis in this country, method of appraising, which is used by tion, and we thank him for the exper- absorbs specifically the houses that are all lenders, decline the value of ap- tise he brings to this debate. causing us problems, reestablishes val- praisals of houses that are pending on Mr. President, what is the parliamen- ues in our neighborhoods, and sta- the market. It is a domino effect that tary situation? bilizes the values of those people who affects everybody. The tax credit, by The ACTING PRESIDENT pro tem- are in their homes making their pay- absorbing those houses that have been pore. The time for morning business is ments, doing what is right. foreclosed upon and are vacant and are about to expire. So with all due respect to those who bringing down values, undergirds the Ms. MIKULSKI. Mr. President, I sug- have opined over the weekend, they are market and raises those values for ev- gest the absence of a quorum. absolutely incorrect and wrong in eryone. The ACTING PRESIDENT pro tem- terms of the applications of this credit. Ms. MIKULSKI. Stick with me. pore. The clerk will call the roll. It will, in fact, be a boost to the econ- Mr. ISAKSON. I am here. The bill clerk proceeded to call the omy, a boost to the housing market, Ms. MIKULSKI. Real-world situa- roll. and a stabilizing factor on home values tion. This house is foreclosed, which Ms. MIKULSKI. I ask unanimous and equities in the United States of means it already is going on the mar- consent that the order for the quorum America. ket at a depressed value, OK? The con- call be rescinded. I yield the floor. sequence of a foreclosure is a melan- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- choly event, not only for the person pore. Without objection, it is so or- pore. The Senator from Maryland. who is losing their home, but the com- Ms. MIKULSKI. Will the Senator dered. munity feels it could lose a neighbor- yield for a question? Ms. MIKULSKI. Mr. President, I ask Mr. ISAKSON. I will. hood. I believe that is the gentleman’s unanimous consent that morning busi- Ms. MIKULSKI. I have a question ex- point, and it is also a great concern to ness be extended for 10 additional min- actly about not only those headlines me. But because the foreclosed house is utes. but what people have asked me over already depressed, then a $7,000 tax The ACTING PRESIDENT pro tem- the weekend. I want the Senator to credit comes in. The question is, for pore. Without objection, it is so or- know, first of all, we value his exten- the non-foreclosed, I do not understand dered. sive experience in the real estate how the price of the non-foreclosed f home is not dampened, and we, our- field—he was a well-known realtor in HOUSING his own community—and, of course, his selves, are helping create a new bot- ongoing method of civility in this tom. Ms. MIKULSKI. Mr. President, let body. Mr. ISAKSON. Well, two or three me state that we are waiting for Sen- Here is my question: This is a $7,000 points. The first one I made is still the ator DODD to come from the Foreign tax credit if you buy a foreclosed home valid point; that is, as those fore- Relations Committee so that we can in a neighborhood; is that correct? closures are absorbed, values stabilize report the bill and continue moving on Mr. ISAKSON. That is right, $3,500 a and go back up, and that supports the the housing bill. year for each of the first 2 years you values that were there in the neighbor- I have an amendment I wish to offer. occupy it as a resident. hood for the people who are making I know the Senator from Vermont has Ms. MIKULSKI. Here is the question: their payments, not in foreclosure. a modification. I know the Senator There are two houses for sale. One is a That is No. 1. from California also has some things foreclosed property and one is a regular Forget about the tax credit. You ride she wants to do on this bill. But while homeowner ready to sell. The question through any neighborhood where some- we are waiting for Senator DODD I I get from non-profits and people is: Is body is in a house that is in trouble wanted to say a few things about hous- the tax credit going to depress by $7,000 and look at the sign. It will say ‘‘Dras- ing. I want to say a few things about the house that is not in foreclosure? In tic Reduction.’’ ‘‘Reduced.’’ ‘‘Fore- this bill. I have an amendment I wish other words, that it acts as a damper closed Property.’’ ‘‘Fire Sale.’’ ‘‘Thirty to offer, but I have a lot on my mind on price, and if you are in good stand- Percent Discount.’’ All you have to do about this housing bill. First of all, I ing, you have a good mortgage but you is open any newspaper in any urban have very serious questions about the are ready to sell for whatever reasons, area in American, and you can read the bill itself. The original bill that has you are putting your house on the mar- classifieds and see that today. That is been brought to the floor takes care of ket, and next to you is a foreclosed what is doing the terrible damage. the sharks and the whales, but it does house and that is going to get a $7,000 That is because those numbers are not take care of the little people, the tax break, they are saying: I am going growing. So if the incentive is to ab- minnows. The Maryland General As- to have to eat $7,000 to sell my house. sorb those that have been foreclosed sembly did more in their 90 day session Can the Senator answer that ques- on, then you lessen that downward that just adjourned than this body has tion for me and for all who I think are pressure, you underwrite the house val- been able to accomplish all year.

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2718 CONGRESSIONAL RECORD — SENATE April 8, 2008 When you look at that which will ac- bankruptcies. In 2006, there were 3,000 Remember, if you were mugged in a tually help ordinary people work their foreclosures in Maryland. But guess back alley, you could have access to a way out of the foreclosure mess, the what. In 2007, there were 23,000—23,000 lawyer. But if you were mugged when legislation is quite Spartan. We lost Marylanders are in the foreclosure line. you sat down for a settlement on buy- the bankruptcy provision that would The sheer magnitude of the problem ing a home, you are going to be on have allowed families to put the pieces these nonprofit organizations—many of your own. You know what. We cannot back together. The original housing whom are faith-based—have to come to have that. I want to have people feel bill had $200 million going to the non- grips with to help these families with that we are on their side. profit agencies that are working every advice and counseling shows that we Again, we do not seek bailouts. We day with people in those communities are in great difficulty. seek workouts. We want to be able to to be able to work out their problems. This is why I so support Senator help those families be able to restore Now, this bill is being held hostage by MURRAY’s amendment to add more fi- their financial credit, to be able to the other party for more tax cuts we do nancial resources to these nonprofits work out and stay in their home. not need, bigger bailouts for those who to bring on the staff. I salute Senator When you have foreclosure on a do not need them, and it does not help MURRAY because she brings expertise in home, it is a terrible tragedy for the the 8,000 people a day who face fore- housing. But where she is a real expert family. But it is also a terrible tragedy closure. We need to improve this bill. is on people and the suffering people for the community. So let’s all work Now, I am so disappointed that Sen- have. together. Let’s pass a housing bill that ator DURBIN’s amendment to amend We believe in working with nonprofit helps those who are in need, those who the Bankruptcy Code to allow work- organizations that are out there clos- are losing their home. outs did not occur. I know Senator est to the people to do this. Now, in lis- I yield the floor. MURRAY has an amendment to add tening to them, so many of my con- I suggest the absence of a quorum. more money to the front-line groups stituents were steamed and scammed. The ACTING PRESIDENT pro tem- working with families. I want to thank They faced predatory—predatory— pore. Will the Senator withhold the Senator MURRAY for offering this lending procedures. Some people get suggestion of an absence of a quorum? amendment and I will have a second- mugged when they walk down a back Ms. MIKULSKI. I withdraw my sug- degree adding legal help for the already alley. Here, they got mugged when gestion. overburdened nonprofit counselors. they sat down to sign up for their The ACTING PRESIDENT pro tem- I have seen what this housing crisis mortgage or their home equity loan. pore. The Senator from Pennsylvania. means, not by reading the Wall Street They were mugged big time. Mr. SPECTER. Mr. President, I have Journal but by getting out there and If you are mugged, you get a lawyer. sought recognition to comment about talking to my own constituents, hold- But if you are in foreclosure, you can- an amendment which I have to the ing roundtables on this subject. What not get one. Legal Services barely can housing bill. It is amendment No. 4392. help anybody because the means test- we see is that the subprime housing It was discussed last week. ing means that that for a family of crisis is a code red emergency. Thou- The essence of the amendment would four, if you have an income over sands in my State got caught up in provide authority to the bankruptcy $26,500, you cannot get a legal aid law- schemes and scams. They were not court to deal with variable interest yer. Well, if you have that kind of in- Wall Street speculators we give a bail- rate mortgages, where we find people come, you were unlikely to be own out to, they are Main Street Americans have been surprised by the acceleration housing at least in many areas of the who need a workout plan. of obligation. It is illustrated by a country. My State was hit hard, so at these mortgage where the monthly payments But NeighborWorks can offer help. I roundtables we talk to the people who were $1,079 and then raised to $1,444—an will offer an amendment later on this increase which was not expected by the were most affected, the people who ac- morning that will add $37.5 million as a borrower. Another illustration of a tually are facing bankruptcy, to get second-degree amendment—$37.5 mil- variable interest rate mortgage is their stories, get a picture book of lion to the NeighborWorks effort. what is going on, talk to the non- This NeighborWorks will do three where the monthly payments were profits. But we also talked to the bro- things. $1,400, which were raised to $1,900 a kers and the Realtors and others in First of all, they are going to hire month. their community. I listened and I more lawyers and more paralegals to This would give the bankruptcy learned. help the counseling groups help people courts authority to deal with these So while everybody here wants to work out of these predatory schemes. changes. Under these circumstances, talk about the big macropicture, I Why paralegals? They will maximize the borrowers did not know how much want to talk about the macaroni-and- the lawyers we already have. They will the payment would be increased. Fre- cheese issues. I am on the side of the hire more lawyers, particularly those quently, there is misrepresentation, little people. I talked to a police officer who are semiretired or those young and on some occasions there is even who works every day, putting himself lawyers eager to build their skills, and fraud. in the line of fire. Because he got into so on. NeighborWorks and the experi- This amendment was distinguished a home equity scam and scheme, he is enced lawyers will train them. from the amendment offered by Sen- about to lose his home. I talked to a It will provide money to legal organi- ator DURBIN, which would have pro- mother, a single mother who thought zations to train more attorneys in fore- vided for bankruptcy courts to have she was part of the American dream, closure law. We have lawyers who want authority to modify the principal. That and now she is part of the American to come forth, but they need their was defeated largely because it would nightmare. training expenses taken care of. have created a problem for lending in If you listen to the nonprofits, hous- There are paralegals who are looking the future when prospective lenders ing people, like St. Ambrose Housing in to not only work for a law firm but to would not have confidence their con- my own State, they are trying every also work for these nonprofits. tracts would be fulfilled. day to help people work this problem Then for the lawyers in foreclosure I was looking for an opportunity to out. What is it that they need? They law, this would allow them to train vote on this matter on Thursday after- need a plan to be able to do a workout. counselors in some of the basic fore- noon but was called away in my capac- That is why the bankruptcy amend- closure law. ity as ranking member on Judiciary ment was a big help. It would have en- My amendment, I will offer at a later because of the absence of any other Re- abled people to responsibly work out time, is very simple and very straight- publican to preside at that time. their problems. But at the same time, forward, but wow is it needed. We need I have talked earlier today with the those nonprofits are being over- to give help to those who are trying to distinguished chairman of the com- whelmed by the sheer magnitude of the practice self-help to the people who are mittee with a request I have an oppor- caseload. in foreclosure, to the nonprofits that tunity to vote on this before cloture is When you look in my own State, are trying to help them, and to the imposed, before the cloture vote is there are thousands and thousands of lawyers who are trying to advise them. taken. I note there are a number of

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — SENATE S2719 Senators who have amendments which doing, our legislation would provide Construction employment alone is they wish to offer, and it would be my sounder support for the market as a down 182,000 jobs since November. It is hope and projection that these amend- whole. In today’s economy, many down by 356,000 jobs over last year. ments would not be foreclosed. Fre- homeowners are having difficulty pay- Overall, the private sector has lost quently, on this side of the aisle, the ing the mortgage. About 4 percent of 296,000 jobs over the last 3 months. point is raised that we will not agree to first-mortgage debt is delinquent. An- That is a loss of 97,000 jobs a month. have cloture to cut off further amend- other 1 percent is in default. For homebuilders, our package would ments when our Members have not had Last year, nearly 1.5 million home- allow businesses to carry back losses to an opportunity to present their amend- owners defaulted on their first mort- profitable tax years. That would help ments. gages. That is up from 900,000 in the the homebuilders hit the hardest by This is a very important bill. The bill year before and 800,000 in the year be- the housing market crisis. The pending is lopsided in favor of Wall Street over fore that. Defaults and foreclosures amendment would allow troubled busi- Main Street. We have seen the situa- have contributed to the decline in nesses to carry back net operating tion with the bailout of Bear Stearns. housing prices. They have destroyed losses for 4 years, for tax years 2008 and This bill contains provisions which will more than $2.5 trillion in household net 2009. That would allow them to receive help the big guy, so to speak, with the worth in the space of a year. quick tax refunds. credit for purchases of homes, with the Our legislation would help home- This tax relief would slow losses. tax credit for those who buy homes in owners with a property tax deduction These businesses would then have a foreclosure, and with the provisions available for people who do not itemize quick cash infusion to meet payroll carrying losses forward. their tax deductions. This new deduc- and other current expense obligations. This bill, as noted by Senator DODD, tion would alleviate some of the burden We hope this relief would encourage does not adequately take care of the of local property taxes, at a time when these businesses to rehire some of so-called little guy. The amendment homeowners are struggling to pay their those workers who have lost their jobs. which I wish to have voted upon would mortgages. This provision benefits both employers This new property tax deduction be a significant move in that direction. and employees. would provide a standard deduction for So I hope we will have an opportunity As well, the net operating loss provi- up to $500 for single filers and $1,000 for to vote on my amendment and to give sions in the pending amendment would joint filers. It would be available to the other Senators an opportunity to allow homebuilders and other dis- more than 28 million families who pay present amendments to give better bal- tressed businesses to take the book property taxes but who do not itemize ance to this bill. benefit of a net operating loss before their deductions. These are middle- and I yield the floor. claiming the amount on their tax re- low-income households. These are some The ACTING PRESIDENT pro tem- turn. This would help distressed busi- of the same families in the housing pore. The Senator from Montana. nesses to obtain additional financing. market who most need relief. Now, these provisions alone would Mr. BAUCUS. Mr. President, I ask to For home buyers, our legislation in- clearly not solve the housing market speak as in morning business. I might cludes a home buyer credit and mort- woes facing this Nation, but by helping ask the Chair, is the Senate in morning gage revenue bonds. The home buyer homeowners, home buyers and home- business? tax credit provides a $7,000 tax credit The ACTING PRESIDENT pro tem- for the purchase of a home upon which builders, we would take a significant pore. The time in morning business has foreclosure has been filed. The tax step in the right direction. No one expired, and the Senator can speak in credit rightfully excludes second-home piece of legislation can solve all of our morning business by unanimous con- purchases and rental investments. It problems but inaction most certainly sent. focuses on the principal residences of will solve none of our problems. That is Mr. BAUCUS. I might ask, Mr. Presi- struggling families. why we must act. We should bring de- dent, if we are not in morning business, By targeting foreclosed properties, bate to a close. We should invoke clo- then what is the parliamentary situa- our provision would get families into ture this afternoon. We should pass tion? vacant homes. By targeting homes that this much needed tax relief. The ACTING PRESIDENT pro tem- are near foreclosure, our credit may Let’s not rely on one beam alone to pore. To make a unanimous consent re- steer home buyers to those homes. support an entire structure. Let’s pass quest, that you can. That may make enough difference to this help for home buyers, home- Mr. BAUCUS. The Chair is assuming help some families to get out of fore- builders, and homeowners, and let’s my intention, which I will ignore at closure and out of harsh eviction pro- provide this much needed support for this moment. ceedings. the housing market. Mr. President, I ask unanimous con- Our legislation also includes mort- f sent to speak as in morning business. gage revenue bonds. We would provide The ACTING PRESIDENT pro tem- UNITED STATES-COLOMBIA TRADE an additional $10 billion of tax-exempt PROMOTION AGREEMENT pore. Without objection, it is so or- private activity bond authority. States dered. could use these bonds to refinance Mr. BAUCUS. Mr. President, John F. f subprime loans, to provide mortgages Kennedy once said: ‘‘Let us not seek the Republican answer or the Demo- HOUSING for first-time home buyers, and to pro- vide multifamily rental housing. cratic answer, but the right answer.’’ Mr. BAUCUS. Mr. President, a Chi- This substantial increase for the President Bush has said that he in- nese proverb asks: How can one beam States comes at a critical time. States tends to submit the implementing leg- alone support a house? are directly experiencing the effects of islation for the United States-Colom- The same can be asked about the the economic downturn. With the fi- bia Trade Promotion Agreement. He housing market. The housing market nancial crisis tightening up lending, did so against the will of Congress, and includes homeowners, home buyers, this cash can provide much needed fi- he thus did not seek the right answer. and homebuilders alike. To support the nancing. That financing will once He did not even bother with the Repub- entire housing market, one does best to again help low- to middle-income lican or the Democratic answer. The support each of its several parts. households. administration simply chose the easy That is why I worked with my col- The subprime mortgage crisis and de- answer. The administration’s easy an- league, Senator CHUCK GRASSLEY, and clining housing sales have forced many swer is also the wrong answer. It is the other members of the Finance Com- homebuilders to lose money. According wrong answer for American workers. It mittee to craft the housing tax provi- to the most recent Labor Department is the wrong answer for the administra- sions in the pending substitute amend- report, construction and manufac- tion’s relationship with Congress. It is ment. These provisions address the sev- turing are the hardest hit sectors of the wrong answer for Colombian work- eral parts of the housing market. Our the economy. Construction shed 51,000 ers. legislation would help homeowners, jobs so far this year, and manufac- The Colombia Trade Promotion home buyers, and homebuilders. In so turing shed 48,000 jobs so far this year. Agreement is a good trade agreement

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2720 CONGRESSIONAL RECORD — SENATE April 8, 2008 that will level the playing field for the language of the proposed agree- The ACTING PRESIDENT pro tem- America’s exporters. It will open the ment. This administration has said: It pore. The Senator from California is new export market for American prod- is my way or the highway. recognized. ucts, including Montana beef, wheat, Procedural checks and balances are Mrs. FEINSTEIN. Mr. President, I and barley, and it will bolster a close the cornerstone of the congressional- ask unanimous consent that the order ally in a troubled region. executive relationship. It is the corner- for the quorum call be rescinded. Expanding trade and supporting Co- stone of trade promotion authority. The ACTING PRESIDENT pro tem- lombia are important priorities. That Democratic and Republican adminis- pore. Without objection, it is so or- is why the administration should have trations have both respected this cor- dered. handled this agreement the right way. nerstone. But today, this administra- Mrs. FEINSTEIN. Mr. President, I Had the administration sought the tion shattered this cornerstone. By so ask unanimous consent to speak as in right answer, it would have worked doing, they further diminish our trust. morning business. harder to support my top priority: By sending up the implementing bill The ACTING PRESIDENT pro tem- American workers. Had the adminis- today; that is, before consultation in pore. Without objection, it is so or- tration not rushed forward with the the right way, the administration has dered. easy answer, we could have had trade failed to deliver the right answer for Mrs. FEINSTEIN. Mr. President, last adjustment assistance in place before Colombia’s workers. Colombia’s work- week, I tried and failed to introduce an considering this agreement. We need ers must know that they can safely amendment which essentially would expanded and effective trade adjust- pursue equality and justice in the set minimum standards, minimum ment assistance for America’s workers. workplace, free from the violence that Federal standards for—I see the chair- That is clear. That means ensuring has plagued Colombia in the past. man of the committee has just come that America’s service workers—not The Colombian Government has in, so if I might wait for a moment and just its manufacturers and its farm- made great strides in this area. The en- see what he wishes to do. May I note ers—receive the help they need. forceable labor provisions in the United the absence of a quorum for a moment, Service workers make up 80 percent States-Colombia trade agreement are a please. of our workforce. They have helped to critical step to ensuring further The ACTING PRESIDENT pro tem- build and support the knowledge-based progress. We must make sure the Co- pore. The clerk will call the roll. economy that is the engine of Amer- lombian Government takes these obli- The legislative clerk proceeded to ica’s growth. They work hard. They de- gations seriously. They must show that call the roll. serve our support in return. these obligations are not just paper Mr. ALEXANDER. Mr. President, I Expanded and effective trade adjust- promises. ask unanimous consent that the order ment assistance must also cover work- The normal congressional fast-track for the quorum call be rescinded. ers whose jobs have been shipped off- The ACTING PRESIDENT pro tem- shore, not just as a result of trade process of hearings and formal mark- ups—which the administration has pore. Without objection, it is so or- agreements but others as well. It must dered. raise the health care tax credit to short-circuited—is an important time for Congress to air concerns, exercise Mr. ALEXANDER. Mr. President, I make it affordable and accessible, and ask unanimous consent to speak as in expanded and effective TAA—trade ad- its leverage. It allows Congress to en- sure that the Colombian Government is morning business until the managers of justment assistance—must double the the legislation wish to proceed. training funds available to our work- committed to prosecuting labor vio- lence. These hearings are important to The ACTING PRESIDENT pro tem- ers. pore. Without objection, it is so or- Were the administration serious accomplish that objective. It gives us real leverage to seek commitments dered. about this agreement, it would not f have resorted to the easy procedural from the Colombian Government and answers either. In high school civics the administration to create a work MEMPHIS TIGERS class, they teach that the Constitution environment in Colombia grounded in Mr. ALEXANDER. Mr. President, I grants Congress the power to regulate law and backed by action. It also al- thank the Senator from Montana espe- foreign commerce. Congress entrusted lows Congress the chance to help the cially. this power temporarily—and, I might Colombian Government, through fund- There is sorrow in our Bluff City on add, importantly, conditionally—to the ing provisions included in the imple- the Mississippi River and across Ten- administration under something called menting bill, to create an environment nessee today because the noble Univer- trade promotion authority; that is, where those who seek a better life sity of Memphis Tigers lost last night Congress did not write a blank check. through employment can flourish. to Kansas in the finals of the NCAA By submitting the agreement now and Short-circuiting the process and forc- National Championship basketball against Congress’s will, the adminis- ing a premature vote on a trade agree- tournament. But there is also reason tration abuses the power Congress ment does nothing to help Congress ac- for great pride. The ebullient John granted it. By forcing Congress to con- complish these goals. Calapiari and his team gave Memphis a sider this agreement now, the adminis- The President’s unprecedented han- new source of pride and the sport a sea- tration offends the trust of Congress dling of the United States-Colombia son to remember, winning more games and violates the compact that is the es- Free Trade Agreement raises extraor- than any college basketball team ever sence of fast track; that is, trade pro- dinary questions about how we can has. Years from now, fans will be talk- motion authority. move this agreement forward. For ing about the magical Douglas-Rob- When Congress extended trade pro- America’s workers, for the relationship erts, the indomitable Dorsey, the ubiq- motion authority—or, as people call it, between Congress and the President, uitous Anderson, the reliable Dozier, fast track—they did so on the condi- for the Colombian people, Congress the explosive Rose, and the super sub tion that the administration would must now find answers. Finding the Taggart. They have given fans a great consult with Congress about the text of right answer has never been easy. By year. They have helped unify Ten- proposed agreements before it sent submitting this agreement as it did nessee’s largest city. They should hold them up. Congress set up an informal and when it did, the administration has their heads high as we look toward markup process to apply before the ad- sought the easy answer, but in the end, next year. the administration has simply made it ministration formally sent up the leg- f islation. That informal procedure is harder to find the right answer. very important. It was to be conducted, Mr. President, I yield the floor, and I HOUSING again, before the administration for- suggest the absence of a quorum. Mr. ALEXANDER. Mr. President, mally sent up its legislative language. The ACTING PRESIDENT pro tem- yesterday I made a few remarks about The administration has now com- pore. The clerk will call the roll. an amendment Senator KYL and I have pletely bypassed that process. Now The legislative clerk proceeded to offered to an Ensign-Cantwell amend- Congress has no opportunity to affect call the roll. ment, and today I wish to place in the

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — SENATE S2721 CONGRESSIONAL RECORD a couple of doc- Hon. LAMAR ALEXANDER, Mr. DODD. I have no objection. uments. U.S. Senate, The ACTING PRESIDENT pro tem- In May 2007, I requested that the En- Washington, DC. pore. Without objection, it is so or- ergy Information Administration con- DEAR SENATOR ALEXANDER: In response to your letter of May 17, 2007, I am providing dered. duct a study of Federal subsidies of the enclosed analysis of Federal subsidies electricity, including a comparison of and support for energy markets, with empha- f subsidies for different fuel types. Last sis on the electricity industry. The analysis week, I received a 250-page study in re- includes a comparison of per unit subsidies IRAQ WAR UPDATE sponse to my request. for the different fuel types used to generate I ask unanimous consent to have electricity. I hope you will find this analysis Mr. ALEXANDER. Mr. President, printed in the RECORD the following: a to be of assistance. today General Petraeus comes to the copy of my May 17, 2007, letter to the Should you have any questions, please con- Senate. I suggest that we listen to the EIA Administrator, Guy Caruso; a copy tact me, or your staff may contact Scott General. When he reported to the Sen- Sitzer, Director of the Office of Coal, Nu- of the April 2, 2008, cover letter from clear, Electric and Alternate Fuels. ate last September, some Senators Mr. Caruso that arrived with the EIA’s Sincerely, were unwilling to listen. One even said 250-page study; and finally, a table ti- GUY F. CARUSO, that she thought that in order to be- tled ‘‘Federal Subsidies of Electric Administrator, lieve the reports from Iraq it required Power’’ that is based on information Energy Information Administration. a willing suspension of disbelief. that was included in the executive Let us remember what has happened summary of EIA’s study. FEDERAL SUBSIDIES OF ELECTRIC POWER since then. I can remember last August There being no objection, the mate- ($/Megawatt- visiting with General Petraeus in rial was ordered to be printed in the Hour) Baghdad. I handed him a paper that RECORD, as follows: Coal ...... 0.44 said: It is time for a new strategy in U.S. SENATE, Refined Coal ...... 29.81 Iraq. I had been urging President Bush Washington, DC, May 17, 2007. Natural Gas & Petroleum Liquids ...... 0.25 Nuclear ...... 1.59 and the Senate to adopt the Iraq Study Hon. GUY CARUSO, Biomass (and biofuels) ...... 0.89 Group recommendations. In my view, Administrator, U.S. Energy Information Admin- Geothermal ...... 0.92 what General Petraeus has done since istration, Washington, DC. Hydroelectric ...... 0.67 Solar ...... 24.34 that time has been to adopt the Iraq DEAR MR. CARUSO: I am writing to request Wind ...... 23.37 that the Energy Information Administration Landfill Gas ...... 1.37 Study Group recommendations with (ETA) conduct an analysis of federal sub- Municipal Solid Waste ...... 0.13 some amendments. sidies of the electricity industry, including a All Renewables (subtotal) ...... 2.80 We are acknowledging that it is time comparison of subsidies for the different fuel to shift the mission from combat to All Sources ...... 1.65 types (e.g., coal, natural gas, petroleum, nu- support, province by province. We are clear, wind, solar, etc.). I am interested in learning—for each fuel type—both (1) the Mr. ALEXANDER. Mr. President, I acknowledging that there will be a overall annual cost of those subsidies, and (2) ask through the Chair whether there is long-term presence of the United the annual cost per unit electricity gen- more time or whether the Chair would States in Iraq, but as General Petraeus erated (e.g., cost per kilowatt-hour). My staff like to reclaim the time. said, it is steadily diminishing. We are is familiar with the EIA report Federal Fi- The ACTING PRESIDENT pro tem- acknowledging that this is an impor- nancial Interventions and Subsidies in En- pore. The Senator from Montana. tant step-up in diplomatic and political ergy Markets 1999: Energy Transformation Mr. BAUCUS. Mr. President, I am efforts. and End Use and understands that this new analysis will serve as an update of signifi- not managing this part of the bill. I As General Petraeus and Ambassador cant portions of this prior analysis with a think Senator DODD is talking to Sen- Crocker speak today, the questions we focus on subsidies available to electricity ators. They are working out some pro- should ask are: What progress are we and primary fuels used in electricity genera- visions, so if he wants to proceed until making down this new path to bring tion. they work it out. this war to a successful conclusion? To expedite its completion, the analysis The ACTING PRESIDENT pro tem- Second, now that there is widespread should be limited to subsidies provided by pore. The Senator from California is agreement that there has been success the federal government, those that are en- recognized. since last summer with an American- ergy-specific, and those that provide a finan- cial benefit with an identifiable federal budg- Mrs. FEINSTEIN. Mr. President, per- led military surge, what are the pros- et impact. Broad policies or programs that haps I will proceed with my statement pects for an Iraqi-led political and dip- are applicable throughout the economy need on morning business, and then, when lomatic surge, letting the Iraqis invite not be considered. The analysis should in- we return to the bill, I wish to call up their neighbors to embassies in Bagh- clude the following types of subsidies: tax ex- the amendment. dad, reconciling their differences penditures (such as deductions, credits, and Is that agreeable to the Senator from among themselves, and paying for loan guarantees); direct expenditures (such Tennessee? more of their own bills? as direct grant programs and the Low In- Mr. BAUCUS. Mr. President, I ask So instead of suspending our dis- come Home Energy Assistance Program); how much time the Senator from Ten- federal research and development programs belief, let’s listen to the General and to targeting electricity and its fuel inputs; and nessee would like to speak. If it is a Ambassador Crocker, acknowledge the federal electricity programs (such as support short amount of time—— progress they are making and make it for the Bonneville Power Administration). Mr. ALEXANDER. Mr. President, if easier for them to progress on the dip- The report should include an estimate on it is agreeable with the other Senators, lomatic and political fronts. the size of each subsidy over a recent, rep- I ask unanimous consent for 4 minutes, I thank the managers of the bill for resentative year. Where there has been a sig- to be followed by the Senator from their courtesy. nificant change in the amount or scope of a California. I yield the floor and suggest the ab- particular subsidy since the 2000 report, it Mrs. FEINSTEIN. Reserving the sence of a quorum. would be useful for the report to provide an right to object. explanation for the change. If a valid meth- The ACTING PRESIDENT pro tem- odology can be developed, a forecast of sub- The ACTING PRESIDENT pro tem- pore. Is there objection? pore. The clerk will call the roll. sidy impacts would be very informative as The legislative clerk proceeded to well. To be most helpful, I would appreciate Mr. DODD. Reserving the right to ob- it if the report could be completed by No- ject, Mr. President. call the roll. vember 30, 2007. Ms. MIKULSKI. Everybody is trying Mr. DODD. Mr. President, I ask unan- Thank you for your assistance with this to extend morning business while we imous consent that the order for the matter. If you have any questions, please are waiting. quorum call be rescinded. contact Mr. Jack Wells of my staff. The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- Sincerely, pore. The Senator from Tennessee has pore. Without objection, it is so or- LAMAR ALEXANDER. requested unanimous consent to speak dered. DEPARTMENT OF ENERGY, for up to 4 minutes as in morning busi- Mr. DODD. Mr. President, what is the Washington, DC, April 2, 2008. ness. pending business?

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Mr. President, I call crisis, it would also provide money to INDEPENDENCE, NATIONAL SE- up amendment No. 4494. legal organizations to train more at- CURITY, AND CONSUMER PRO- The ACTING PRESIDENT pro tem- torneys and paralegals in foreclosure TECTION ACT AND THE RENEW- pore. The clerk will report. law, and also hire the people to train ABLE ENERGY AND ENERGY The legislative clerk read as follows: counselors and nonprofit groups in CONSERVATION TAX ACT OF 2007 The Senator from Maryland [Ms. MIKUL- basic foreclosure law to help people do The ACTING PRESIDENT pro tem- SKI] proposes an amendment numbered 4494 their workouts. pore. Under the previous order, the to amendment No. 4478. Many of my constituents and also Senate will resume consideration of Ms. MIKULSKI. Mr. President, I ask constituents nationwide were victims H.R. 3221, which the clerk will report. unanimous consent that reading of the of predatory lending practices, The legislative clerk read as follows: amendment be dispensed with. schemes, and scams. It is because of A bill (H.R. 3221) moving the United States The ACTING PRESIDENT pro tem- the complexity of dealing with these toward greater energy independence and se- pore. Without objection, it is so or- foreclosure increases that nonprofit curity, developing innovative new tech- dered. counseling organizations need more nologies, reducing carbon emissions, cre- The amendment is as follows: legal help. That is why I am offering ating green jobs, protecting consumers, in- creasing clean renewable energy production, (Purpose: To make additional funds avail- this amendment. It is to help those and modernizing our energy infrastructure, able to the Neighborhood Reinvestment trying to have workouts to their fore- and to amend the Internal Revenue Code of Corporation to increase legal assistance closure problems, while we are giving 1986 to provide tax incentives for the produc- available to homeowners at risk of fore- considerable bailouts to the people who tion of renewable energy and energy con- closure and assistance to community orga- caused the problem. servation. nizations working to preserve homeowner- ship and prevent foreclosure, with an off- This is a second-degree amendment Pending: set) to the Murray amendment. I know it Dodd/Shelby amendment No. 4387, in the In lieu of the matter proposed to be in- will be considered at the appropriate nature of a substitute. serted, insert the following: time. Sanders amendment No. 4401 (to amend- SEC. lllll. ment No. 4387), to establish a national con- I yield the floor. Notwithstanding any other provision of sumer credit usury rate. The ACTING PRESIDENT pro tem- this Act, the amount appropriated under sec- Cardin/Ensign amendment No. 4421 (to tion 301(a) of this Act shall be $3,862,500,000 pore. The Senator from Vermont is rec- amendment No. 4387), to amend the Internal and the amount appropriated under section ognized. Revenue Code of 1986 to allow a credit 401 of this Act shall be $237,500,00: Provided, against income tax for the purchase of a AMENDMENT NO. 4401, AS MODIFIED That, of amounts appropriated under such principal residence by a first-time home- section 401 $37,500,000 shall be used by the Mr. SANDERS. Mr. President, I seek buyer. recognition to modify Sanders-Durbin Ensign amendment No. 4419 (to amendment Neighborhood Reinvestment Corporation (re- ferred to in this section as the ‘‘NRC’’) to (1) amendment No. 4401, and I send the No. 4387), to amend the Internal Revenue modification to the desk. Code of 1986 to provide for the limited con- make grants to counseling intermediaries tinuation of clean energy production incen- approved by the Department of Housing and The original amendment I offered tives and incentives to improve energy effi- Urban Development or the NRC to hire at- would cap all interest rates on con- ciency in order to prevent a downturn in torneys trained and capable of assisting sumer loans using a similar formula homeowners of owner-occupied homes with these sectors that would result from a lapse that Senator D’Amato used when he of- in the tax law. mortgages in default, in danger of default, or subject to or at risk of foreclosure who have fered an amendment to cap interest Alexander amendment No. 4429 (to amend- rates on credit cards in 1991. ment No. 4419), to provide a longer extension legal issues that cannot be handled by coun- of the renewable energy production tax cred- selors already employed by such inter- Mr. President, I call for the regular it and to encourage all emerging renewable mediaries, and (2) support NRC partnerships order with respect to the amendment. sources of electricity. with State and local legal organizations and organizations described in section 501(c)(3) of The ACTING PRESIDENT pro tem- Nelson (FL)/Coleman amendment No. 4423 pore. The amendment is standing. (to amendment No. 4387), to provide for the the Internal Revenue Code of 1986 and ex- penalty-free use of retirement funds to pro- empt from tax under section 501(a) of that Mr. SANDERS. Mr. President, that vide foreclosure recovery relief for individ- Code with demonstrated relevant legal expe- amendment passed on the floor by a uals with mortgages on their principal resi- rience in home foreclosure law, as such expe- vote of 74 to 19. The modification I dences. rience is determined by the Chief Executive have sent to the desk would only cap Lincoln amendment No. 4382 (to amend- Officer of NRC: Provided further, That for the purpose of the prior proviso the term interest rates on mortgages insured by ment No. 4387), to provide an incentive to the Federal Housing Administration. If employers to offer group legal plans that ‘‘relevant experience’’ means experience rep- provide a benefit for real estate and fore- resenting homeowners in negotiations and or this amendment were in law today, in- closure review. legal proceedings aimed at preventing or terest rates for mortgages insured by Lincoln (for Snowe) amendment No. 4433 mitigating foreclosure or providing legal re- the FHA could be no higher than 14 (to amendment No. 4387), to modify the in- search and technical legal expertise to com- percent, which is 8 percentage points crease in volume cap for housing bonds in munity based organizations whose goal is to above what the IRS charges to income 2008. reduce, prevent, or mitigate foreclosure: tax deadbeats. Landrieu amendment No. 4404 (to amend- Provided further, That of the amounts pro- ment No. 4387), to amend the provisions re- vided for in the prior provisos the NRC shall The reason I am modifying this lating to qualified mortgage bonds to include give priority consideration to counseling amendment is because if cloture is in- relief for persons in areas affected by Hurri- intermediaries and legal organizations that voked on this legislation, capping in- cane Katrina, Rita, and Wilma. (1) provide legal assistance in the 100 metro- terest rates on all consumer loans Sanders amendment No. 4384 (to amend- politan statistical areas (as defined by the would not be germane. But capping in- ment No. 4387), to provide an increase in spe- Director of the Office of Management and terest rates on mortgages insured by cially adapted housing benefits for disabled Budget) with the highest home foreclosure rates, and (2) have the capacity to begin the FHA would be germane to the un- veterans. derlying bill. In the future I will have Murray amendment No. 4478 (to amend- using the financial assistance within 90 days ment No. 4387), to increase funding for hous- after receipt of the assistance. more to say about this amendment. ing counseling with an offset. Ms. MIKULSKI. Mr. President, I That is where we are. Mr. DODD. What is the pending spoke earlier about the compelling The ACTING PRESIDENT pro tem- amendment, Mr. President? need for this amendment. It would add pore. The amendment is so modified. The ACTING PRESIDENT pro tem- money to NeighborWorks to be able to The amendment, as modified, is as pore. The Murray amendment. help them add more legal staff to help follows:

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — SENATE S2723 (Purpose: To establish a maximum rate of in- fulfilled. So I had to go over to the selves dealing with other issues. That terest for loans insured under title II of the hearing as ranking member because we is not to say this is one. This is one National Housing Act, and for other pur- had a number of nominees in the Judi- that could clearly relate to the subject poses) ciary Committee hearing. Now I find matter. There are others dealing with On page 6, between lines 13 and 14, insert we are moving to cloture, and there is energy policy and the like. It is one of the following: no opportunity for a vote. the few vehicles that may move. So I (c) MAXIMUM INSURED MORTGAGE LOAN RATE.—Notwithstanding any other provision In my judgment, that is not the way understand the frustrations people may of law, the annual percentage rate applicable this place ought to operate. I know the have about putting something on this to any loan that is insured under title II of chairman of the committee is bound by bill. the National Housing Act may not exceed by leadership decisions, but I hope we can The fact is, we could be here end- more than 8 percentage points the rate es- find a way to get a vote on this amend- lessly and fail to get a housing bill—al- tablished under section 6621(a)(2) of the In- ment. I know there are other Members beit short of what I would like or oth- ternal Revenue Code of 1986. who have amendments who want votes. ers would like—to get us to a con- AMENDMENT NO. 4485 May I ask the chairman for a re- ference with the House to do something Mr. SANDERS. Mr. President, I ask sponse? about this issue. We can stay the rest unanimous consent that the pending The ACTING PRESIDENT pro tem- of this week or next week and debate a amendment be set aside, and I call up pore. The Senator from Connecticut. variety of amendments or try to get Sanders amendment No. 4485. Mr. DODD. Mr. President, let me say moving to get something accom- The ACTING PRESIDENT pro tem- to my colleague from Pennsylvania, I plished. pore. Is there objection? appreciate the substance of the idea he That, I believe, is the motivation be- Mr. SHELBY. I object. has offered and, of course, the amend- hind the majority leader, and I will let The ACTING PRESIDENT pro tem- ment by Senator DURBIN as well. I will Senator SHELBY talk for the minority pore. Objection is heard. not belabor my colleagues with the his- leader. That is the general thought. Mr. SANDERS. Mr. President, I sug- tory of why it is that provision exists. That is not to suggest these other ideas gest the absence of a quorum. There were about 10 or 12 of us who do not have merit or do not have value, The ACTING PRESIDENT pro tem- strenuously objected to the bankruptcy including the idea promoted by the pore. The clerk will call the roll. reform bill. So I had problems with Senator from Pennsylvania. There is a The legislative clerk proceeded to that bill across the board. I will not go reason why the leadership is respon- call the roll. into all that here. Let me try and sible for trying to move product Mr. SPECTER. Mr. President, I ask frame this again. through here that may not include unanimous consent that the order for The majority leader, back about a every idea everyone has that they the quorum call be rescinded. week or so ago, talked with the Repub- would like to see added to legislation. The ACTING PRESIDENT pro tem- lican leader about the possibility of us My hope is cloture will be invoked, pore. Without objection, it is so or- breaking this logjam that existed, that we can go forward, and there can dered. The Senator from Pennsylvania. where nothing could even be debated be amendments in postcloture, and if AMENDMENT NO. 4392 on the housing issue. So the idea was they are germane and deal with the Mr. SPECTER. Mr. President, I have Senator SHELBY and myself were des- issues at hand, then we will try to ac- sought recognition to discuss with the ignated by our respective leaders to try commodate them and, where we have chairman of the committee the status to come up with a consensus package consensus, add them and come to some of the bill and the pendency of my of ideas, one Republicans and Demo- closure and move forward. amendment No. 4392. This is a very im- crats, by and large, could support to This is not the end of the debate. portant amendment which would give come out with as a core, and from that This is not the end of ideas. We will relief to homeowners with variable rate other amendments would be offered have hearings this week in the com- mortgages where there is foreclosure and added along the way, and if there mittee. We have proposals we are going action, where they suddenly find the was consensus, we would try to add to bring up in our committee in mark- monthly payments increased unexpect- those. up in the next couple weeks, and we edly from as much as $1,400 to $1,900, It is a complicated process, but it will be back on the floor with other which they cannot afford and then was the only way we were going to ideas directly related to this subject their house goes into foreclosure. The move beyond the gridlock that was al- matter. We are merely trying to move borrowers do not understand that, and lowing no debate whatsoever. this subject along to achieve some of frequently there is misrepresentation, I am in the position, obviously, of the results involved. fraud. trying to accomplish what our leader is I admire what the Senator is trying This amendment differs markedly trying to achieve—and he should and I to do. He and I have worked on a lot of from the Durbin amendment, which applaud him for it—of trying to get us issues over the years and certainly this was defeated, which would have had a moving on this issue. We are losing idea. As my colleague from Alabama serious impact on the availability of 8,000 people a day in foreclosure and knows, when Senator DURBIN’s amend- lenders to put up money if there is the country and the economy is suf- ment was offered, I told my colleagues undue interference with the contrac- fering terribly and we were in gridlock this is one area where I am going to be tual rights. on this issue. supportive of that effort to deal with This amendment protects the home- There are some very meritorious primary residences. owners. It does little harm to the flu- ideas. Those who have been in this po- I agree with what my colleague idity of the availability to get loans. sition of managing legislation, of try- wants to achieve, but there are other We are moving toward a cloture vote ing to get it through, know from time considerations we are trying to accom- at 2:30 p.m. By all indications, cloture to time you are confronted with sub- plish with this legislation. is going to be invoked, although I in- stantively agreeing with what a col- I will be happy to respond to a ques- tend to fight it, to talk about it in the league is offering but find yourself in tion. caucus which will be held in a few min- the position of where, to move the Mr. SPECTER. Mr. President, the utes. product along, you do not agree at that problem with the argument by the On the Republican side, we talked particular time to deal with the issue chairman is that looking to the future, about denying cloture in order to give for a variety of reasons. the reality is that nothing will happen. Members an opportunity to have their Mr. SPECTER. Mr. President, will It is a long way from the representa- amendments heard and voted on, and I the Senator yield for a question? tion, which I know the chairman intend to press that issue. I was pre- Mr. DODD. Let me finish the makes in very good faith, to have a bill pared to vote on this amendment last thought. The idea is we are watching come out of committee and come back Thursday, when I was taken from the the legislation, quite candidly, because to the floor, in light of what has hap- floor to go to a Judiciary Committee it is a tax bill, with which Senator pened on the calendar. It is just that hearing because the expectation of an- GRASSLEY and Senator BAUCUS are the chances are so small, it cannot re- other Republican covering it was not dealing. All of a sudden, we found our- motely be relied upon.

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2724 CONGRESSIONAL RECORD — SENATE April 8, 2008 When the chairman makes the com- There are some provisions in the bill, thing in this area: Let the market take ment about postcloture germaneness, I will be the first to admit, frankly, care of it; the problem has been con- the Senate rules on what is germane had I written this all by myself with- tained; no further problems. Quite the are so arcane as to be un-understand- out having to deal with other people contrary. We are now down to the busi- able, just un-understandable. Here we who care about some of these issues, I ness of doing something about it, and I have a housing bill. What could be would not have included. regret we are not accommodating ev- more material to a housing bill when This is far more than a crumb in eryone on every idea they have the mo- foreclosures are happening across the terms of trying to deal with this issue. ment they want it considered. country as we speak? The Senator from More needs to be done, but the sugges- We are doing our best, Senator SHEL- Connecticut comments about the high tion somehow that the community de- BY and I and members of the com- rate of foreclosures, and this is an velopment block grants, counseling, mittee, to come out with something. amendment which seeks to stop the disclosure, and modernization of the Four weeks ago, we couldn’t do what foreclosures, and it seeks to stop the FHA and raising loan limits and the we are doing now. We couldn’t even de- foreclosures where the lender has pro- like are insignificant is to fail to un- bate the issue, I say to my colleague vided an instrument, which is a vari- derstand what is in this bill. from Pennsylvania. able rate mortgage, that the borrower More can be done, I do not disagree. I am suggesting to the Senator from does not understand; it has not been But the suggestion that what we have Pennsylvania this bill does a lot more explained; there are probably misrepre- done falls into that category is a vast than provide crumbs. It goes to the sentations in many cases and probably exaggeration in terms of what we have heart of very significant issues that fraud in many cases. That is why this been trying to accomplish, and more need to be dealt with. There are other amendment opens up the court to will be done with this issue as well. matters that need to be dealt with. make a determination of that. The ACTING PRESIDENT pro tem- As my colleague knows, I agree with It does not impede upon the fluidity pore. The Senator from Pennsylvania. him about what bankruptcy courts can of the market and the availability of Mr. SPECTER. Mr. President, meta- do with primary residences. I also un- capital, such as the Durbin amendment phors are meant to be extreme. We can- derstand the history of the seventies, did, which changed the principal sum. not quantify a crumb as opposed to a why that provision was included, but I The legislation which is coming out loaf of bread. But no one would say this believe the times have changed, and of the Congress and what is happening is half a loaf. The criticism of this bill under this fact situation, we ought to on the administration is very heavily has largely come from the chairman of allow a bankruptcy judge to be able to tilted to Wall Street and not to Main the committee who has said it does not modify that agreement to allow that Street. Those are the expressions. It is go far enough. individual to stay in their home. the little guy who is not being taken Mr. DODD. Agreed. I thought Senator DURBIN was right care of. Mr. SPECTER. When we have fore- with his idea. The Senator from Penn- I have admired what the Senator closures across the country on variable sylvania has a more modest idea in this from Connecticut has had to say about rate mortgages and no action is being area and may attract a few more votes that. This bill is imbalanced—a bailout taken to deal with them—let me ask than the 36 we got with Senator DUR- of Bear Stearns but you cannot protect the Senator from Connecticut: If we BIN’s amendment. So I am willing to the borrower who has a variable rate consider the action which has been support that, but the idea of trying to mortgage which he did not understand, taken by the Fed on Bear Stearns and come to some closure is also important where the rates have ballooned and he otherwise and we consider what this so we can move on, get with the House, resolve some of these matters, and is being foreclosed. That is not fair, legislation is, isn’t it significantly out come back. That is what this chairman and that is not right. of balance between Main Street and This bill is not balanced. It has a loss is trying to accomplish. That is what Wall Street? carried forward, which I think is a good Mr. DODD. Mr. President, I say to we were doing last week when we were provision, but that does not help the directed to do so by the leaders of our my colleague from Pennsylvania, what little guy. It has a tax credit for some- respective parties. was done in the Bear Stearns- body who buys a house where the mort- Mr. SPECTER. Mr. President, a final JPMorgan Chase issue, I would argue gage is in foreclosure, but that does word. I don’t disagree with what the alternatives may have been available. not keep the homeowner in the house. chairman has had to say about what In the final analysis, what was done I don’t think the Senate ought to move was done with Bear Stearns. I think we that Sunday night to allow the merger ahead. This is not half a loaf, this is a are all opposed—I certainly am op- of Bear Stearns with JPMorgan crumb. This bill is a crumb. posed—to bailouts when highly sophis- I yield the floor. Chase—and this is the conclusion, I ticated Wall Street operators are look- The ACTING PRESIDENT pro tem- think, unanimously of our committee, ing for big profits and their judgment pore. The Senator from Connecticut. having had a hearing on it—was prob- is bad and they lose money. They Mr. DODD. Mr. President, I have ably the right decision, given the alter- ought not come to the taxpayers for a been notified that at least one Member, native of bankruptcy of Bear Stearns bailout. I do recognize the situation on the side of my good friend from and what could have happened on that with Bear Stearns could have had a Pennsylvania, will object to any proc- Monday had the action not been taken domino effect, which could have been ess going forward. So maybe he can by the Fed, the Treasury, and the New devastating. So I don’t disagree with spend some time in his conference York Fed. That is one separate issue. It that action. lunch to convince some of his col- is a legitimate point to say, shouldn’t I am not going to retreat from my leagues to be more supportive of some we do something where we can help out crumb metaphor, but let the record of these ideas. communities and individuals and to get show that on the question to the chair- This is not a crumb, let me say to my this economy moving in the right di- man as to whether there was not sub- colleague from Pennsylvania. The idea rection. stantial imbalance between what has we are modernizing the FHA is criti- I made that case for a year now, not happened with the Fed and what is cally important. The fact we have just in the wake of Bear Stearns. We happening with proposals in the Con- money in here for disclosure, we have had our first meetings on this matter gress, substantial imbalance between resources for counseling, the fact we in March of last year trying to get Wall Street and the Main Street, the are getting resources back to the something done. I am not going to take chairman did not deny that, did not States, $4 billion to assist them as they a backseat to anyone who discovered deal with it. try to deal with the problems in their this issue in the last couple days and Let me close with a question, if the local communities, the fact we are pro- how much they care about it. I have chairman would give favorable consid- viding some tax support for people to been at it for 13 months, trying to get eration to my amendment when he re- move into foreclosed property so we things moving in this area. convenes the Banking Committee and don’t add to the supply is critically im- We are doing some things here. My take up this issue in the future. portant as well. These are some very colleagues know very well what objec- Mr. DODD. Mr. President, we will be solid ideas. tions there have been to doing any- happy to consider it. It is a matter

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — SENATE S2725 under the proper jurisdiction of the Ju- Mrs. LINCOLN. Mr. President, do I board because somebody else didn’t get diciary Committee, of which the Sen- need to ask unanimous consent for what they wanted, but that we look at ator is a member, and it is not in the more time? what we are trying to do for the Amer- jurisdiction of the Banking Committee. I ask unanimous consent to extend ican people. We should encourage these That is one of the other issues we face. the time for an additional 5 minutes. plans that provide our working Ameri- If he is unable, as a leading member of The ACTING PRESIDENT pro tem- cans with access to legal advice. They that committee, as a former chairman pore. Without objection, it is so or- review those mortgage documents, of that committee, to have that adopt- dered. they assist those individuals in work- ed by his committee and come forward, Mrs. LINCOLN. Mr. President, I ing with the lender to modify those we certainly would consider it. apologize to my colleagues. I know I loans, creating forbearance agreements I point out we only had 36 votes for am taking up time now when folks are and assistance in the restructuring of the Durbin amendment. I regret that. ready to leave and do other things and loans, and it provides that much need- We only had 12 of us who opposed the then come back, but I do feel strongly ed counseling in foreclosure litigation bankruptcy reform bill for 6 years about this amendment and I just want- when it is needed. around here. Those matters we widely ed to voice my concerns. I thank Chairman DODD and the endorsed and supported, including the This is an amendment that Senator ranking member, Senator SHELBY, for efforts, as my colleagues may recall, SMITH and I are offering, along with their patience because I know they see that I tried to do with credit card com- Senator SNOWE and many others—Sen- all of us in these frantic modes of panies that are gouging the public on a ators KERRY, STABENOW, LEVIN, SCHU- wanting to improve the bill and want- daily basis. So I will take a back seat MER, KENNEDY. It is a good amendment, ing to provide something that we know to no one in my determination to get and it will encourage our employers to has been beneficial to the people we far better reforms out of the bank- provide group legal service benefits represent, and we know it can be bene- ruptcy proceedings in the country, and with an emphasis on real estate coun- ficial again, and this is the appropriate we will certainly do our best. But I seling for their employees. This is place to put it. want to be realistic with my colleague something which group legal service So I just encourage that working as well. Unfortunately, the Senator plans—which have been around since through legal services, particularly in from Pennsylvania and I don’t rep- the 1970s—were intended to do and ex- rural States such as mine, it is one of resent a majority in this body when it actly what the Center for Responsible those places where people have to go. comes to that issue. The realities are Lending said should be one of our top They do have the confidence of going that we only have about half of us who priorities in this effort in dealing with to their neighbor, their country law- seem to agree with the two of us on the housing crisis. We should be en- yer, and being able to get those serv- this matter. couraging and incentivizing preventive ices. They may not have a big, huge Mr. SPECTER. Mr. President, if the legal services. housing agency they can go to for the Judiciary Committee did report out What the center had cited increasing kinds of counsel they need, and these the Durbin amendment favorably, and are those incentives for mortgage are good services that have proven my amendment on a second degree was counseling legal services. It is a key themselves in years passed. Yet we find defeated along party lines, it is true policy recommendation for dealing that employers cannot afford to pro- there is primary jurisdiction in the Ju- with what we find ourselves in now— vide them because we have lost that diciary Committee. But when this mat- the crisis situation we are in. Bor- section in the Internal Revenue Code. So I do thank all my colleagues who ter comes up before the Banking, Hous- rowers need affordable and available have cosponsored this amendment. We ing and Urban Development Com- legal review of mortgages, mortgage- have worked on this for quite some mittee, these ideas could be incor- related documents, and financing and time. I say a big thanks also to the porated, and I would urge my colleague loan modifications. These are complex groups that have endorsed our amend- to do just that. transactions and sometimes, often- Mr. DODD. I thank my colleague. I ment—the American Bar Association, times, folks in States such as Arkansas know there have been a number of the American Prepaid Legal Services and Montana have nowhere else to go. other amendments, Mr. President, and Institute, the International Union, Legal services provide them that kind I have just been informed that objec- UAW, AFSCME, and the laborers. So of proactive involvement in making tion will be expressed on every amend- many different groups realize hard- sure they are making the right deci- ment, I guess, that is being offered by working Americans who get caught in sions. a Member of the other side on this these circumstances need this kind of We should be giving the average matter. So I would inform my col- assistance. American homeowner access to that leagues where we stand procedurally. I thank the Chair for his indulgence, We are going to have our caucus legal advice so he or she can feel con- and certainly my colleagues, the chair- luncheons where, I am sure, this will be fident in the mortgages they are get- man, and the ranking member for try- the subject of some discussion as we ting into, so that when, if, unfortu- ing to work with us. And I guess, Mr. try to move forward, but, again, I nately, God forbid, things do go wrong, President, and Mr. Chairman, my only thank Senator REID, the majority lead- they can receive advice about their option is to ask for a unanimous con- er. He has a thankless job when it rights and responsibilities and what sent; is that correct? Is there some- comes to these issues, and he asked they are dealing with in foreclosure, thing we can work through? Can I ask Senator SHELBY and I to try to do our what options are available to them in unanimous consent for regular order best to come up with a consensus pack- dealing with these crises. with respect to my amendment? age. Granted, now the subject matter This is a good addition to this bill. It The ACTING PRESIDENT pro tem- has become of great interest to every- is positive. It is all of what we have pore. The amendment is not in regular one, and it should, and we have tried to been talking about that we need. It is order. do just that, to put together a con- consumer friendly. It is something we Mrs. LINCOLN. Mr. President, I ask sensus package—not an easy thing to have used in this country. Unfortu- my colleagues to take every consider- accomplish in this body, but we tried nately, section 120 of the Internal Rev- ation as they move forward in putting to do that. Again, we will try to move enue Code has lapsed. That section of together this bill; that if there is any forward with other ideas that we can the code was intended to provide the possible way we can work through incorporate through our committee tax incentives so that our employers making sure these individuals who and others. could set up and offer group legal serv- really have nowhere else to go will be Mr. President, the Senator from Ar- ice plans. Since it has lapsed, virtually able to have the types of services they kansas wants to be heard on this mat- no new group legal benefit plans have are used to having in years passed, and ter as well, and I thank her for her pa- been created, and many employers are providing the incentives the employers tience. dropping those that do exist. need in order to be able to provide I yield the floor. So I would encourage us all to look those services because they are clearly The ACTING PRESIDENT pro tem- at what we are trying to accomplish in not providing them now. It is not pore. The Senator from Arkansas. this bill; not to just throw things over- something small businesses can do.

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2726 CONGRESSIONAL RECORD — SENATE April 8, 2008 The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The Murkowski Salazar Tester pore. The Senator from Connecticut. clerk will call the roll. Murray Sanders Thune Nelson (FL) Schumer Vitter Mr. DODD. Mr. President, I will ask The assistant legislative clerk pro- Nelson (NE) Sessions Voinovich for 2 additional minutes, if I can, to re- ceeded to call the roll. Obama Shelby Warner spond to my colleague from Arkansas. Mrs. FEINSTEIN. Mr. President, I Pryor Smith Webb Reed Snowe First of all, I agree with her totally ask unanimous consent the order for Whitehouse Reid Stabenow Wicker about the value. Over the many years I Roberts Stevens the quorum call be rescinded. Wyden have been a long-time supporter of The PRESIDING OFFICER. Without Rockefeller Sununu these legal services offices and the job objection, it is so ordered. NAYS—6 they do on behalf of people all across f Bunning DeMint Kyl the country, particularly in rural Coburn Inhofe Specter America, and the difference they make. NEW DIRECTION FOR ENERGY So I am in complete agreement with NOT VOTING—2 INDEPENDENCE, NATIONAL SE- Allard Dole her about the value of this approach. CURITY, AND CONSUMER PRO- I would inform her that the regular TECTION ACT AND THE RENEW- The PRESIDING OFFICER. On this order would be asking consent, after ABLE ENERGY AND ENERGY vote, the yeas are 92, the nays are 6. cloture has been invoked, to bring up CONSERVATION TAX ACT OF Three-fifths of the Senators duly cho- the matter she wants to bring up. It is 2007—Continued sen and sworn having voted in the af- a tax matter and one that would re- firmative, the motion is agreed to. quire the consent of the chairman of CLOTURE MOTION Who seeks recognition? the Finance Committee and the rank- The PRESIDING OFFICER. Under Mr. DODD. Mr. President, I suggest ing member. So it is a matter where we the previous order, pursuant to rule the absence of a quorum. are leaving it up to that jurisdiction to XXII, the clerk will report the motion The PRESIDING OFFICER. The respond. So I want to be careful. I don’t to invoke cloture. clerk will call the roll. know how Senator BAUCUS feels about The legislative clerk read as follows: The assistant legislative clerk pro- that. I don’t want to put words in his CLOTURE MOTION ceeded to call the roll. mouth at all. I suspect he has the same We, the undersigned Senators, in accord- Mr. GREGG. I ask unanimous con- sort of reaction as I do, and it is a posi- ance with the provisions of rule XXII of the sent that the order for the quorum call tive one. Standing Rules of the Senate, hereby move be rescinded. I am grateful for my colleague’s un- to bring to a close debate on the substitute The PRESIDING OFFICER. Without derstanding the situation we are in, amendment No. 4387 to H.R. 3221. objection, it is so ordered. trying to accommodate as many ideas Christopher J. Dodd, Harry Reid, Mark Mr. GREGG. I ask unanimous con- as we can and to move from here to the L. Pryor, Max Baucus, Charles E. Schu- mer, Patty Murray, Claire McCaskill, sent to set aside the pending amend- next stage and deal with other aspects ment so I may offer an amendment. of the legislation. We couldn’t have Patrick J. Leahy, Daniel K. Akaka, Ken Salazar, Sherrod Brown, Bryon L. Mrs. LINCOLN. I object. gotten here without the majority lead- Dorgan, Evan Bayh, Edward M. Ken- The PRESIDING OFFICER. Objec- er insisting, and really with the minor- nedy, Jon Tester, John F. Kerry, Bill tion is heard. ity leader, to come together and allow Nelson. Mr. GREGG. Mr. President, I am us to bring up this package. So there The PRESIDING OFFICER. By unan- most surprised to hear my colleagues are a lot of very good ideas and ones I imous consent, the mandatory quorum on the other side object to my request applaud and welcome, but in the inter- call is waived. to call up an amendment, to have it est of trying to move forward, we are The question is, Is it the sense of the called up and be heard. I thought the not going to be able to accommodate Senate that debate on amendment No. Senate was here to do business. I think all of them. 4387, offered by the Senator from Con- it is reasonable as part of doing that I am not suggesting that will happen necticut, Mr. DODD, to H.R. 3221, shall business that we should address the in this case, but I again appreciate her be brought to a close? The yeas and largest item in this bill that involves recognition that what we are trying to nays are mandatory under the rule. passing a cost on to our children, accomplish and deal with here is dif- The clerk will call the roll. which is the net operating loss pro- ficult. It is serious. As she points out, The assistant legislative clerk called posal. we have a lot of people suffering every the roll. Now, the way this net operating loss single day—I have been making that Mr. KYL. The following Senators are works is that homebuilders—that is case for 12 months—and we haven’t necessarily absent: the Senator from who it is directed toward, although been able to have a debate about this Colorado (Mr. ALLARD) and the Senator anybody can take advantage of it; I do subject until last week. So to the ex- from North Carolina (Mrs. DOLE). not think it is limited to the home- tent that we have gotten that far The PRESIDING OFFICER. Are there builders who built all of those homes along, that is some achievement. and made these massive amounts of I hope now that we are in the debate any other Senators in the Chamber de- money by offering people subprime we can do some valuable and worth- siring to vote? mortgages which they then took the while works that will make a dif- The yeas and nays resulted—yeas 92, proceeds from over the last 4 or 5 ference, and her suggestion contributes nays 6, as follows: years, which subprime mortgages have to that. So my hope is we will be able [Rollcall Vote No. 93 Leg.] now caused this Nation to go through a to accommodate this in the package as YEAS—92 massive contraction and which have well. Akaka Coleman Hutchison Mrs. LINCOLN. I thank the chairman Alexander Collins Inouye created one of the largest bubbles in for his comments, and I certainly want Barrasso Conrad Isakson the history of Government, in the his- Baucus Corker Johnson to express this is a time-appropriate tory of commerce. Those folks, having Bayh Cornyn Kennedy made a huge amount of money—I mean solution to the problems that exist, Bennett Craig Kerry and I hope we will give every consider- Biden Crapo Klobuchar massive amounts of money, and, in ation to it. Bingaman Dodd Kohl fact, in the last quarter, they were the Bond Domenici Landrieu largest earning sector in our econ- I thank the Chair. Boxer Dorgan Lautenberg omy—those folks are now asking that f Brown Durbin Leahy Brownback Ensign Levin they get an additional $20 billion bail- RECESS Burr Enzi Lieberman out, $20 billion bailout by allowing Byrd Feingold Lincoln There being no objection, the Senate, Cantwell Feinstein Lugar them, now that they are losing money, at 12:42 p.m., recessed until 2:16 p.m. Cardin Graham Martinez to go back and take a tax deduction of and reassembled when called to order Carper Grassley McCain their losses against the gains which Casey Gregg McCaskill ARPER they had in prior years. by the Presiding Officer (Mr. C ). Chambliss Hagel McConnell Mrs. FEINSTEIN. Mr. President, I Clinton Harkin Menendez This is as if you said to someone in suggest the absence of a quorum. Cochran Hatch Mikulski business, say somebody running a

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — SENATE S2727 small grocery store: OK, if you make here relative to the large housing man- backs. They are the ones who pay the money for 4 years, make a lot of ufacturers. cost of paying off the debt, which is money, and then you find you cannot There is some legitimacy for doing borrowed in order to finance a deficit. compete or you have made some busi- something about homeowners who got So why would we want to say to ness error in your judgment and you hit with a subprime mortgage which is them: OK, future Americans—young lose money for a couple of years, we, resetting at a rate that is astronomical people coming through school today, the Government, are going to come in on them today and they are willing to going to college, thinking about start- and give you insurance so you never pay and could pay for and maintain ing a family, thinking about maybe lose money. You are able to go back their home if they had a reasonable having children and sending their kids during the years when you made mortgage rate. There is some reason to college—why would we want to say money to recover the taxes you paid for arguing those folks might and to them: We are going to stick you and use it today to give you profits. should get some support, or at least with a $20 billion bill so we can take My goodness, I think Adam Smith some assistance so they can stay in care of the large housing manufactur- would be rolling over in his grave to their homes, they can continue to pay ers in this country who basically cre- hear this concept of economics. This is their mortgages. ated a major disruption in our econ- Komisar economics where nobody can But there is no practical commercial omy by putting on the market a mas- lose, except for the taxpayer in the argument which justifies taking tax sive inventory of homes we did not next generation who has to pay this dollars from working Americans and need and then using practices which bill. Remember, this $20 billion is going paying them to homebuilders because were at the margin to draw people into to be paid by somebody because it is homebuilders suddenly start to lose buying those homes through subprime being spent around here in the oper- money—after they had great years. It mortgage lending? ation of the Government. And who is is not like this has been a distressed in- Why would we say that to them? How going to pay it? Well, it is obviously dustry over a long period of time. This can we possibly, as a government, jus- not going to be the homebuilder, the is an industry which has always been tify doing that to the next generation? large corporations which ran up these cyclical. But that is what we are going to do huge profits. They are actually going This cycle was a creation of their ex- with this bill. We are putting $20 bil- to take that money in, take it in as in- cess, nothing else. They were greedy. lion on their backs. Where is the come. No, that is going to be paid for They built a lot of homes the market money going? It goes into the pocket, by John and Mary Smith, John and did not need. They sold them to people primarily—at least that is the game Mary Smith working for a living today, who could not afford them. They sold plan; it is not specifically written so— or their children because it will go on them with instruments which were to- it will be taken advantage of solely by the Federal debt—$20 billion on the tally inappropriately structured: the manufacturers of homes. And I suspect Federal debt as a result of this little subprime mortgages. Then they took there are going to be some other indus- piece of chicanery. all that profit, and they used it. But, tries which will suffer losses in this It is unbelievable that we would unfortunately, they had to pay taxes economy that may take advantage of claim this was a stimulus to begin on that profit. So now they want their it. But it was written primarily to take with. In fact, if we are in an economic taxes back, and they want the Amer- advantage of the homebuilder industry, slowdown and if that economic slow- ican people to subsidize them on it. which is obviously an honorable indus- down is tied to the housing industry, Well, under no color of an open mar- try, but it is also an industry which none of these revenues will benefit that ket, of a capitalist system—of even a goes through cycles. economic slowdown because they do marginally capitalist system; I do not In this cycle, there is no reason we not come in this year. They will be think even France would accept this as should be stepping up with this special claimed this year, and they will be re- a concept—should somebody who made gift to that part of our economy when imbursed next year. I think the esti- a huge amount of money, created a we do not have any money to make the mate is that almost all of these recov- speculative bubble, benefit from the gift with, when we have to borrow the ery costs, recovery of taxes owed and taxpayers when that bubble bursts. money to pay for the gift. paid as a result of getting this extra Yes, the people who were harmed in- So that is why I have offered this loss carryback, will occur in the next appropriately, the folks who bought amendment—or tried to offer this budget year, 2009. So, as a practical those subprimes and did not under- amendment. Now, it seems to me if ev- matter, it is not going to help in the stand the nature of them and maybe erybody is so comfortable with this next 6 months, which is when all of the were misled relative to the nature of legislation and this idea of a net loss major economists who have discussed them, they justifiably could have some carry-back being extended and ex- this issue say we need some stimulus in support, as long as they are the pri- panded, they should be willing to vote the economy. No, it is not. It is simply mary owners of that home and it was on this amendment. Is there no cour- a bonus payment from one group of not bought for speculation and they age on the other side of the aisle? Are people, the American taxpayers and are able to support a reasonable mort- the sponsors of this concept afraid to their children, hard-working Ameri- gage rate. Maybe there is some way to vote and stand up for this bill with this cans, to another group of people, the adjust that. proposal? It appears so. speculative housing industry that ran But this bill does not do that in this I am not offering an alternative. I am up these huge expansions in the hous- area. This net loss carry-back is simply just saying let’s have an up-or-down ing inventory over the last 3 years and a gift—pure and simply a gift—to one vote on whether we should give a $20 then sold them in the subprime market segment of our industrial community billion gift to one segment of our com- in a way which many people have said which participated in a very lucrative mercial society at the expense of the in many instances were not appro- few years and now is having a hard next generation that has to pay the priate, that they took advantage of the time, created the problem which we debt for this bill. I am just saying, borrowers and then took those pro- now confront, and now wants to be stand up and be counted, so to say, as ceeds in as income, paid taxes on them, given a gift. Unfortunately, this gift to whether you are for or against this and now they want their taxes back be- has to be paid for, as I said before. amendment. cause they are suddenly losing money. We are going to run, this year, it So, again, I will renew my request. I Well, if you made money for 3 or 4 looks like, a deficit somewhere of ask unanimous consent that the pend- years—and a lot of money—you should around $400 billion to $420 billion. That ing amendment be set aside and that not have a bonus given to you during is the deficit we are going to run. That my amendment relating to net loss the years when you are not making is up from a deficit which was under carry forward, which strikes the provi- money simply because you happen to $200 billion last year. That is a huge in- sions of the net loss carry forward, be be one sector of this economy called crease in our deficit. called up. the housing industry. In fact, just the Now, who pays a deficit? Who pays The PRESIDING OFFICER. Is there opposite should happen, quite honestly. for a deficit? Well, our children pay for objection? The market should be allowed to work it. All this goes on to our children’s Mr. BAUCUS. Mr. President, I object.

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2728 CONGRESSIONAL RECORD — SENATE April 8, 2008 The PRESIDING OFFICER. Objec- Committee wrote the tax provisions in Now, they are feeling the pain, as a lot tion is heard. this bill, and they are designed to help of other Americans are, and I believe— The Senator from New Hampshire. lots of different areas, lots of different and I think the Finance Committee be- Mr. GREGG. Well, I guess that makes people, in lots of different ways. lieves—this is one of several provisions the point. It is too bad. I would hope One is the mortgage revenue bond which will help address the housing cri- people would ask why. Why can’t we provisions, which helps States finance sis a little bit. That is why I think it have a vote? What is the fear out new mortgages for people, homeowners. should be in this bill, and I very much there? Are we so concerned about this Another is the tax credit for distressed hope the Senate approves the bill if not segment of our industry that we are homes. That helps people. That helps today, by tomorrow. not willing to vote up or down on home buyers. That is in this legisla- Mr. President, I yield the floor and whether this type of a $20 billion event tion. suggest the absence of a quorum. should occur? I hope not. It seems to Another is to help give a little break The PRESIDING OFFICER (Mr. me it is reasonable that the Congress to people who do not itemize their in- SANDERS). The clerk will call the roll. should vote on that. The Senate should come tax returns but have property The bill clerk proceeded to call the vote on that. taxes so they can get a break on their roll. Mr. President, $20 billion is a lot of property taxes. So we provide in this Mr. BROWNBACK. Mr. President, I money. Do you know $20 billion would bill that if you have property taxes, ask unanimous consent that the order run the State of New Hampshire for 5 you get at least a $500 deduction for the quorum call be rescinded. years? This is a lot of money. This is against your income taxes if you are The PRESIDING OFFICER. Without big-time dollars. Twenty billion dollars single, $1,000 if you are married, irre- objection, it is so ordered. is going to cost our children a lot be- spective of whether you itemize or use Mr. BROWNBACK. Mr. President, I cause it compounds with interest. You the standard deduction. That helps ask unanimous consent to speak as in just do not borrow it. You borrow it people. morning business for the utmost ur- and have to pay interest on it. Of There is a business provision in here gency of recognizing the University of course, the interest gets paid to the to give a break to homebuilders. Why? Kansas basketball team’s accomplish- Chinese or the Indians or the Saudis Because homebuilders are going out of ments last night. because they are the ones who probably business. This is not a typical home- The PRESIDING OFFICER. Without buy the debt. builders’ housing cycle we are in now. objection, it is so ordered. So not only do we end up with a $20 This is atypical. billion bill we pass on to our kids, but A lot of areas in our country are very RECOGNIZING THE UNIVERSITY OF KANSAS BASKETBALL TEAM we end up with our kids having to pay distressed. A lot of homebuilders are interest to the Saudis or the Chinese to distressed, laying off a lot of people. Mr. BROWNBACK. Mr. President, I support that debt. Also, that one seg- The number of construction jobs is am delighted my colleagues granted ment of our society which participated down—in the hundreds of thousands. me this special privilege to speak as in in the robustness and the excitement of For homebuilders’ jobs, it is of a simi- morning business on something so im- large economic expansion, and maybe lar magnitude. These are people with portant. This is a bit personal if you inflated that expansion rather dramati- hammers and nails going out building are a Kansan. The sport of basketball cally, does not have to bear the burden houses who no longer are building any was invented in Kansas by James of their excesses. houses, and they are laid off. Naismith in 1891, and last night it was Well, as I said, Adam Smith would be So this bill—basically, in that one perfected by the University of Kansas a little stunned to find this is the way provision with respect to home- basketball team. the market has worked and the Gov- builders—kind of evens things out a lit- I don’t know how many people got to ernment of the United States—which is tle bit so homebuilders do not have to watch it. What a fabulous game. I was allegedly the Government of a capi- lay quite so many people off and they able to be there, which was a great de- talist system—functions. So I will can still keep building some homes, light. It went into an overtime game probably renew this request later on which helps prevent a further deterio- with less than 3 seconds to play and a because it does seem to me, since this ration of the value of the homes in a three-point shot by Mario Chalmers is by far the single biggest spending certain area. This is nowhere close to sent it into overtime. It was a classic item in this bill, or tax item in this solving the problem, but it helps a lit- of college basketball. The whole place bill, it should have an up-or-down vote tle bit. That is why this is in this legis- was in pandemonium. There were great and an open debate. lation. teams on both sides—Memphis and I yield the floor. So we have several provisions we in KU—playing this game. At the end of The PRESIDING OFFICER. The Sen- the Finance Committee passed out to the day, Kansas came out with a vic- ator from Montana. help individuals. This one helps busi- tory. It was a fantastic night. Mr. BAUCUS. Mr. President, just a nesses in the business of homebuilding I congratulate the NCAA on the couple comments about the points and homebuilders employ people, and Final Four and the tournament. I made by the Senator from New Hamp- those are the people who have lost think they do a spectacular job of shire. their jobs. bringing people together and having a No. 1, it is not a $20 billion bill. That So we are trying to help that sector great venue. This game was in San An- is not accurate at all. It is, first of all, a little bit so those people who build tonio last night, a fantastic celebration about $6 billion. It is over 10 years. So homes—some of them—can get back to of amateur athletics. These players are it is much less than what the Senator work and not be laid off and also so phenomenal in all they can do. It is makes it sound like it is. some homes that might otherwise not certainly a great day to be a Kansan, a Second, we all know the housing be built might now be built to help al- great day to be a Jayhawk. problems that occurred in this coun- leviate the problem. My law school degree is from the try—the subprime mortgage problems, Homebuilders are not the cause of University of Kansas. It is a great bas- as well as other mortgages in distress the problem. The problem, frankly, is ketball school, with four national and home buyers in distress. The figure worldwide where cash was slushing championships, one added last night. I saw was that about 10 percent of around, which helped create this situa- They have a great tradition of basket- American homes are underwater, tion where lenders were very easily ball at the school. I think we have one meaning the value of the homes for 10 lending money. The terms were very of the best mascots in the country, the percent of Americans is much less than easy. People were enticed into buying jayhawk, which most people would rec- the mortgage on their homes. homes. Mortgage brokers, for example, ognize, being at the University of Kan- This is a very complicated problem. were very aggressive in encouraging sas, but not knowing what it is. It has It requires a complicated solution. people to buy homes with no a civil war legacy in the fight over Senator DODD is to be commended for downpayments and whatnot. slavery, where Kansas was the State the Banking Committee’s provisions in But homebuilders—they are not the that started the fight on slavery, being this housing bill. We in the Finance problem. They are building the homes. settled by abolitionists. One of the

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I and they don’t find out about that that symbol as well. have two amendments, but I am only until those who perpetrated the fraud Twenty years ago was the last time speaking about them today, I will not are far away and have already made we won a basketball championship. be calling them up. I did want to speak their money. This will hold people in That one was Danny Manning and ‘‘the very briefly and very generally about the market accountable, as they should miracles.’’ He was a guy who went on both of them. be held accountable. to play very well at the professional There are two very important mat- We will have more time to talk about level. Danny Manning is now coach at ters that come before us as parts of our it later. the University of Kansas. I can’t name debate on housing. The first involves I want to make another point about a anybody else on that team, but he was appraisals. We know that one of the separate amendment. In the city of one who carried them forward. biggest concerns a lot of people have in Philadelphia, as in many of our major Last night was a great team effort by attacking the problem of subprime urban areas, housing is a terribly dif- a balanced team. I recognize as well mortgages and the aftermath of a lot of ficult challenge for so many people. In coach Bill Self. This was his first Final bad loans was that faulty and some- the city of Philadelphia, we have more Four, and he wins it. Along the way, he times fraudulent appraisals were part than 80,000—as HUD, Housing and beat a rival school in basketball for of that. The first amendment I will Urban Development, officials would Kansas. In North Carolina, there has speak of today deals with the question call them, clients—more than 80,000 cli- been a long connection between North of how do we get a second independent ents in the city of Philadelphia who Carolina and Kansas. Dean Smith, a appraisal for properties that are so- rely on HUD and the housing authority long-time coach at North Carolina, was called flipped properties. there to provide affordable housing in from Kansas. Roy Williams, a long- When you have a property that may that city. time coach at Kansas, was from North go into foreclosure and then it is sold A dispute has arisen about a number Carolina. There were a number of peo- later, sometimes we have instances of things. We don’t have to go into the ple in Kansas, in my State, who were where property is sold at a grossly in- reasons for those disputes, but because not particularly forgiving of Roy Wil- flated price that does not reflect the of that dispute, now there is an agree- liams going back to North Carolina true value, and then down the road an- ment that was worked out between even though he had given us a number other purchaser, a homeowner, would HUD and the housing authority called of good years. I think on Saturday buy it, and then you have extraor- the Moving to Work Agreement which there was a lot of forgiveness. This was dinary inflation, often fraudulent infla- has allowed people not just to have the the first match between Kansas and tion of the cost of a property. Our of- benefit of an agreement that provides North Carolina since he had left Kan- fice has worked closely with Senator them with the opportunity to live in sas, and we were fortunate enough to MARTINEZ on this as well. What this housing that is safe and affordable, but be successful in that game. It was a amendment does is to make it very also this agreement has allowed the great tournament overall. clear that, in those instances where Philadelphia Housing Authority to use As a wise sportsman famously said: you have a house flipped within 180 the leverage of this agreement to bor- ‘‘It’s never over until it’s over,’’ espe- days of the date of purchase, there will, row money and to finance other hous- cially if Mario Chalmers has one more in fact, be a second independent ap- ing priorities in the city of Philadel- shot to take. Sometimes big games are praisal done. phia. disappointments, but last night was Some of the work on this in the other Because of that, because of the im- certainly not the case, as the Nation body has been done by Representative portance of that agreement, we want to was treated to a classic in college bas- PAUL KANJORSKI. He has worked on make sure the agreement stays in ketball. From James Naismith, as I these issues for years. I commend him place at least for a year. That is what mentioned, who invented the game in for his work in Congress on these and the amendment Senator SPECTER and I 1891, to the Kansas Jayhawks of 2008 other matters that pertain to housing have been working on does. That is the that perfected the game, our school has and to the financial questions that reason for it, to give a 1-year extension had a great history and a great legacy arise with regard to affordable housing. so that the Moving to Work Agreement of basketball. Through players like First of all, we want to make sure, in in the city of Philadelphia, with the Wilt Chamberlain and Danny Manning, those instances that a second inde- U.S. Housing and Urban Development KU now has 13 Final Four appearances pendent appraisal is done, it would agency, stays in place for 1 year so we and 3 national championships. It is fan- have to be by a qualified appraiser. can continue to work out an arrange- tastic what they have been able to ac- That would mean the appraiser has to ment between the housing authority complish. be certified in the State or somehow li- Again, congratulations to the Uni- and HUD. censed in the State. And second, that Unfortunately, we have not been suc- versity of Kansas men’s basketball the appraisal is performed in con- cessful in working for many months on team for a great season, for a thrilling formity with uniform standards of pro- this. But I think it is critically impor- championship game, for writing an- other amazing chapter in the storied fessional appraisal practice to make tant not to allow a bureaucratic fight history of Jayhawk basketball. And sure it is done the right way. We want between a housing authority and a what goes along with that rich tradi- to make sure consumers are given a Federal agency to interfere with im- tion is a number of different chants, copy of that appraisal, that it is done portant services that are provided to but the one that has the most lasting thoroughly, and that a statement is Philadelphians who benefit from this; memory with Jayhawkers is ‘‘Rock made by the creditor that any ap- some more than 80,000 Philadelphians. Chalk, Jayhawk,’’ which we don’t get praisal prepared for the mortgage is for Those are the two amendments I to say on the Senate floor very often. the sole use of the creditor and that wish to speak about. We will have time Congratulations to a fabulous team the consumers may choose to have a later as we proceed to deal with them and a fabulous effort. separate appraisal conducted at their more directly. I wished to make sure Mr. President, I yield the floor, and I own expense. we make both thorough and accurate suggest the absence of a quorum. There will be heavy penalties im- and independent appraisals a priority The PRESIDING OFFICER. The posed for those who violate this. It is as well as to make sure that when we clerk will call the roll. one way to deal with one of the various are dealing with a local housing au- The legislative clerk proceeded to problems we encounter when it comes thority, we do not let a dispute prevent call the roll. to the difficulties so many families are Philadelphians from getting the ben- Mr. CASEY. Madam President, I ask confronting right now. The worst thing efit of the services provided in this unanimous consent that the order for that can happen to a homeowner who case by the Moving to Work Agree- the quorum call be rescinded. saves money and borrows money to ful- ment.

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Mr. President, I our other allies in the region. bastion of conservatism, said the same ask unanimous consent that the order Now, as important, the Colombia thing, noting pressure from human for the quorum call be rescinded. Free Trade Agreement would strength- rights groups and labor organizations The PRESIDING OFFICER (Mr. NEL- en the U.S. economy, our economy, at has prompted Colombia to already do SON of Nebraska). Without objection, it a time when Americans are searching what the Democrats in Congress have is so ordered. for some economic good news. Some urged, which is to improve the coun- Mr. MCCONNELL. I ask unanimous seem to think our economy can some- try’s dismal labor record. consent that I be allowed to proceed as how grow without the trading partners. If Senators truly wish to help Colom- in morning business. The PRESIDING OFFICER. Without These people who are arguing that non- bia’s union members, they need to vote objection, it is so ordered. sense also say we are best served if we for this agreement, reward Colombia trade only with ourselves. How absurd for its improvements in this area, and COLOMBIA FREE TRADE AGREEMENT is that? In fact, the opposite is true. encourage Colombia to draw even clos- Mr. MCCONNELL. Mr. President, er to the United States. today the administration sought to America needs trading partners to buy I would close by noting this free- strengthen America’s ties with an al- the goods we are making in our coun- trade agreement comes nearly a year, a ready close ally by moving forward try. This is especially true when there year after an agreement was struck be- with the Colombia Free Trade Agree- is an imbalance in market access. The ment. Now it is up to Congress to pass imbalance between the United States tween the U.S. Trade Representative, this very important piece of legisla- and Colombia is startling indeed. the House Democratic leadership, and tion. Today, more than 90 percent of Co- the House Ways and Means Committee The Colombia Free Trade Agreement lombian exports to the United States on a plan to move forward with all the is more than an act of friendship be- enter our country duty free. So they free-trade agreements this Congress. tween allies. It would strengthen our are getting 90 percent of their imports The deal stated: In return for USTR security and strengthen our economy. into our country duty free, even as negotiating unprecedented new labor It would send a strong and unmistak- American exporters face steep barriers and environmental standards, House able signal to our other allies in Latin to selling American-made goods to Co- Democrats would proceed with free- America that the United States stands lombia. trade agreements for Peru, Panama, with those who support strong markets Democrats and Republicans agree it Korea, and Colombia. The USTR did its and free societies, especially in the was important for Colombian exporters part. Yet the Democratic Congress has face of threats. to enjoy the benefits of increased ac- not lived up to its end of the bargain. Colombia’s support for free markets cess to our markets. Why would we not So far only the Peru agreement has and Democratic reform under Presi- want to give American products made been passed. dent Uribe has made it an even strong- by American workers the same oppor- We should reject an isolationism that er ally of the United States in recent tunity we are giving Colombians al- limits economic growth and stunts job years, a very sharp contrast to its ready in our market? creation here at home. We should sup- next-door neighbor, Venezuela. We can- The current situation is totally un- port this important Latin American not allow election-year politics in the fair. Virtually all U.S. farm goods are ally. The time is long past for Congress United States to make a resurgent Co- slammed with tariffs on their way to do what it promised and move for- lombia more vulnerable to its anti- down to Colombia, while virtually all ward on America’s trade agenda. America neighbor. Colombian farm goods coming here Congress must reaffirm its commit- America got a closeup of Venezuela’s enter the United States without any ment to an invigorated Colombia and, dictator at the U.N., when he likened tariffs at all. in the process, help our own economy an American President to the devil and The beneficiary of this arrangement at a difficult economic moment. predicted America’s demise. His anti- is abundantly clear, and it is not U.S. I yield the floor and suggest the ab- Americanism has not softened since workers or the economy they support. sence of a quorum. that speech, nor has the threat Hugo We hear a lot of rhetoric about the The PRESIDING OFFICER. The Chavez poses to regional stability. Cha- need for fair trade. Permitting equal clerk will call the roll. vez is a corrosive influence in South access to Colombian markets is the The assistant legislative clerk pro- America. He embraces state sponsors of very essence of fair trade. That is what ceeded to call the roll. terrorism such as Iran, for example, this free-trade agreement would do. Mr. BUNNING. Mr. President, I ask and he is aggressively courting like- Looking at my own State, for exam- unanimous consent that the order for minded leaders of other Latin Amer- ple, more than one-sixth of all manu- the quorum call be rescinded. ican countries in order to draw a line facturing jobs in my State rely on ex- The PRESIDING OFFICER (Mr. in the sand between himself and his al- ports. Kentucky exports about $15 bil- SALAZAR). Without objection, it is so lies and America and its allies. lion in manufacturing goods every sin- ordered. Now, most Latin American leaders gle year, including $67 million in ex- Mr. BUNNING. Mr. President, what is such as President Uribe know allying ports to Colombia last year—a figure the pending business before the Sen- themselves with Chavez is harmful in that is all but certain to go up after ate? the long run. Unfortunately, Uribe’s this free-trade agreement is ratified. The PRESIDING OFFICER. The government has been severely tested In these economic times, we should pending business is the Sanders amend- by Chavez and his allies. Ecuador sup- be expanding overseas markets for ment. ports, for example, terrorist proxies in American-made products and Amer- Mr. BUNNING. Mr. President, I ask Colombia. Chavez has made it quite ican-grown goods. Now, some have ar- unanimous consent that the amend- clear he supports Ecuador’s efforts gued labor conditions in Colombia are ment be set aside so I may speak on when he recently sent troops to the Co- reason not to support the Colombian the bill itself for 15 minutes. lombian border. Free Trade Agreement. That is a total The PRESIDING OFFICER. The Sen- Colombia has made tremendous red herring. How does maintaining ator may speak on the bill without set- progress. Not long ago, it appeared on high tariffs on goods of the United ting aside the amendment. the verge of collapse. Entire regions of States shipped to Colombia reduce vio- Mr. BUNNING. I thank the Chair. the country were essentially un- lence against union jobs down there? Mr. President, this is an unusually governed. Yet President Uribe, to his How does rejecting an ally that has bad bill, and I have opposed it from the great credit, has pulled the country helped reduce homicides against union very start. The course it has followed back from the brink. members by 79 percent improve trade almost guarantees that it will be filled

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It turns out officials with whom they may already of adjustable mortgages, including that the American people do not like have a relationship. These officials will prime and subprime loans, will reach the idea of bailing out banks and their be buying properties not with their the end of their fixed rate period before neighbors who gambled on home prices. own funds but with OPM—OPM stands December of this year. For the holders The voters understand what is going on for ‘‘other people’s money’’—and in of these loans, the options are stark: in Washington better than we do. this case, the OPM comes from you and Refinance or default. It is unlikely What is more, several of the com- me, the American taxpayers, and the that many of them can long afford the plicated tax provisions in this bill millions of unborn Americans whom we high interest rates on these mortgages never benefited from a full review by are saddling with even more debt. after the fixed rate period expires. the Senate Finance Committee. Nor- Another provision that could benefit Unfortunately, our tax law has this mally, this is a critical part of the Sen- from more thoughtful deliberation is exactly backward. It encourages home- ate’s deliberation. the $100 million spending on coun- owners to spend lavishly on first-time One example of a provision that seling. Yes, counseling is a good idea financing, but it exacts a penalty when could use more review is the new de- before a homeowner signs a loan they homeowners find they are living be- duction for State property taxes. While can’t afford. But afterward, the real yond their means and need to refi- it may be well intended, this new pro- problem is financial. It is too late for nance. My amendment would have vision will complicate life for millions counseling. changed all this. It would allow home- of American homeowners who will have We also don’t know all that much owners to currently deduct the mort- to calculate their taxes twice to find about the nonprofit groups that will gage interest points that lenders typi- out which method results in a lower get the money. Are some of these cally charge in connection with a home tax. This complicates tax filings, and groups funded mostly by credit card mortgage refinance. For example, any Senator who has said the Tax Code companies? Are they? If so, will they under my amendment, if a homeowner is too complicated should be ashamed have a clear conflict of interest? Maybe has a $200,000 adjustable rate mortgage to vote for this provision. they will actually advise people to and refinances into a 30-year fixed Because the Senate has not had any abandon their home, to foreclose, in mortgage, paying 1 percent in points, serious review of this provision, col- order to pay credit card debt. That the homeowner would have a $2,000 tax leagues also may not know that this would make the foreclosure situation deduction for home mortgage interest provision also allocates more of the worse, not better. One thing is certain: paid. That is under my amendment. Nation’s tax burdens to residents of no amount of counseling is going to Under present law, the homeowner States that impose an income tax, such put money that they do not have into would only be allowed to deduct $66. as Kentucky. homeowners’ pockets. There is no good reason to allow the The State with the highest income Now, I have an amendment that I deduction for home purchase mort- taxes faces the biggest relative tax in- have tried to get a vote on that would gages and to deny it for those who need crease, and this is illustrated in the do so—put money into homeowners’ it to refinance. chart that supporters of this provision pockets—and that is why I think it is My amendment would remove a sig- hastily distributed to us. For example, appropriate to redirect these public nificant financial obstacle to refi- the chart shows that 59 percent of funds toward helping homeowners with nancing that would allow struggling Texan homeowners but only 23 percent the cost of refinancing. If we are going borrowers to keep their homes. It of Maryland residents will benefit. to give away $4.1 billion—I will say it would help Americans to get out of The chairman of the Senate Finance one more time—if we are going to give first mortgages that they have entered Committee, on which I serve, is not away $4.1 billion in this bill, let’s give into without being able to shop for the even managing this bill, even though it back to the taxpayers and do so in a best possible mortgage. Unlike some of tax provisions account for about two- way that encourages homeowners to the other provisions in this bill, it thirds of its cost. That is kind of hard restructure their mortgages and keep truly would help prevent foreclosures to explain to the average Senator on them out of bankruptcy and fore- for many who are about to have their the Finance Committee. closure. My amendment would do this. homes foreclosed. Another provision that deserves far It would use the $4 billion in funding Mr. President, I yield the floor, and I more scrutiny is the $4 billion in com- this bill uses to bail out banks and give suggest the absence of a quorum. munity development block grants that it back to taxpayers while simplifying The PRESIDING OFFICER. The will be allocated to the States and the Tax Code as well. clerk will call the roll. local governments to buy foreclosed The Joint Committee on Taxation The legislative clerk proceeded to properties. To begin with, this current says that this amendment would be call the roll. program is very poorly managed. The revenue-neutral over 10 years. It is en- The PRESIDING OFFICER. The Sen- Wall Street Journal called it among tirely paid for within the four corners ator from North Dakota. the worst run programs in Washington, of this legislation. Mr. DORGAN. Mr. President, I ask and there is a lot of competition for This change in the tax law that my unanimous consent that the order for that title. The White House called the amendment contains is strongly sup- the quorum call be rescinded. program ineffective just 2 months ago, ported by the Mortgage Bankers Asso- The PRESIDING OFFICER. Without and when the HUD inspector general ciation because it would get to the objection, it is so ordered. testified before Congress in 2006, he ex- heart of the housing crisis. Let me try IRAQ plained that his agency had recently to explain. Mr. DORGAN. Mr. President, today indicted 159 individuals and recovered Often, when people are searching for has been a fairly significant day here $120 million of misappropriated funds. a home, they are more concerned about in the Congress. General Petraeus and GAO also has criticized the targeting qualifying for financing than getting Ambassador Crocker have flown back of grant recipients, which is a polite the best possible terms on that loan. to the United States from the country way of saying that the money is going Millions of homeowners have taken out of Iraq, and they have reported to both to those with political connections and an adjustable rate mortgage that has a the Armed Services Committee and influence in local governments. Adding low interest rate for a short period of also the Foreign Affairs Committee. I money to this program is risky at best. time, often 2 or 3 years. These loans ad- have not had a chance to listen to their Let’s have no illusions. This extraor- just to a much higher rate after the testimony—I don’t serve on either of dinarily unwise grant of taxpayers’ initial period. The assumption of many those committees—but I know the money is really just a bailout for banks homeowners has been that they can re- news will carry the testimony, and I

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Yet it pur- progress that results from the surge— one who murdered over 3,000 Ameri- ported to tell the world that Saddam although there has been a substantial cans? Who would have believed that to Hussein was trying to reconstitute his amount of violence, and tragically, I be the case? Not me. Almost certainly nuclear capability by buying believe 11 U.S. soldiers have lost their I would have thought he would have yellowcake from Niger—a forged docu- lives in Iraq just in the last few days— been brought to justice. ment. No one has ever described to us I think there is no question that the Here is an October 3 story from last where that forgery came from. extra soldiers, the additional 30,000 or year by Griff Witte of the Washington The aluminum tubes, Condoleezza 40,000 soldiers they took to Baghdad Post. It quotes top military officials in Rice, Stephen Hadley, and others sat and to the streets of Iraq, dampened Pakistan talking about al-Qaida. idly by while in their offices they re- down the violence some. Yet there is so ‘‘They’ve had a chance to regroup and reor- ceived reports from other parts of our much discussion about Iraq and so lit- ganize,’’ said a Western military official in Government saying those aluminum tle discussion about something else Pakistan. ‘‘They’re well equipped. They’re tubes were not for a reconstitution of that matters a great deal to our lives. clearly getting training from somewhere. nuclear capability. That information This is the 2,400th day since 9/11, and And they’re using more advanced tactics.’’ was withheld from Congress and the 2,400 days later, Osama bin Laden is This is from CIA Director Hayden, a American people. still at large, the same Osama bin week ago, on ‘‘Meet the Press’’: Mobile chemical weapons labora- Laden who boasted the day after 9/11— It is very clear to us that al-Qaida has been tories? That came from a man named a day when thousands of innocent able, over the past 18 months or so, to estab- Curveball; a man named Curveball. Americans were killed—Osama bin lish a safe haven along the Afghanistan- Curveball was an informant who was Pakistan border area that they have not en- being held by the Germans. Curveball Laden boasted about having engineered joyed before; that they are bringing the murders of these Americans. Two operatives into that region for training. used to be a taxicab driver in Baghdad, largely considered a drunk and a fabri- thousand four hundred days later, he is Now, I have flown over that Afghan- cator by the German authorities. This not only at large, but he is reconsti- Pakistan area. I have been in an air- country, this administration, this tuting the leadership and the al-Qaida plane at 20,000 feet and looked down. I President, and this Secretary of State force, including building training understand there is no boundary. You used Curveball as an example and a camps to train additional terrorists. don’t know where Afghan ends and Now, Mr. President, are some mo- source—a single source, mind you—to Pakistan begins. I understand it is a ments in history where I just remem- describe mobile chemical weapons lab- tough area, tribally controlled areas. ber where I was. I remember where I oratories that existed in Iraq and But what I don’t understand is how, was as a very young boy when John F. therefore threatened this country. 2,400 days later, we are told by our top Kennedy died. I remember the day. I It turns out it was not true. It turns intelligence officials that the greatest remember the day astronauts walked out that thin thread, one person held threat to our homeland here in Amer- on the moon. And I remember 9/11 very by German authorities—again, consid- ica is al-Qaida and its leadership—the clearly. And it occurred to me on 9/11 ered to be a drunk and a fabricator, a greatest threat to our homeland is al- that surely our country bring those former taxicab driver from Baghdad— Qaida and its leadership—and they are who were responsible to account. When was cited as a source, just an unidenti- in a safe haven, quote-unquote. There thousands of Americans were murdered fied source to the entire world, to sup- shouldn’t be 1 acre of ground on this and al-Qaida and its leader, Osama bin port the contention that what Saddam planet that is safe for those who mur- Laden, boasted about having engi- Hussein was doing in Iraq threatened neered that murder, it occurred to me dered Americans on 9/11. this country. So what happened? What has caused that Osama bin Laden is not long for So the President, Condoleezza Rice, this to happen? Well, this country took this world, or at least Osama bin Laden Colin Powell, Stephen Hadley, and es- a detour. President Bush told the will certainly be brought to justice and pecially, of course, the neocons—Vice American people and Secretary of get his due rewards for murdering so President CHENEY, Douglas Feith—all State Colin Powell in a presentation to many Americans. Yet, 2,400 days later, of them. They all got what they want- the world and the United Nations told that has not happened. Now, one might ed. This country went into a detour, us about the alleged threat posed by ask the question: Why? And does it and the detour was right into the mid- have to do with the detour into Iraq? the country of Iraq. He made the case dle of Iraq. It was going to be a very I want to point out that in July of for a military attack against the coun- simple operation, last only a very short last year, the last time a National In- try of Iraq. They made the case that amount of time. The fact is, we have telligence Estimate was given to us by Saddam Hussein was a bad guy. They been there now fighting in Iraq longer all of the combined intelligence serv- got no argument about that. Saddam than the Second World War lasted, and ices in our Government, here is what Hussein was in many ways a brutal dic- we have reports today by the top gen- they said: tator. There were football-field-size eral in Iraq, General Petraeus, a U.S. Al-Qaida is and will remain the most seri- graves that were unearthed in Iraq general, and by the U.S. Ambassador, ous terrorist threat to the homeland. with thousands of people who had been Ambassador Crocker—both good Amer- Let me read that again. That is the murdered by Saddam Hussein. So there icans—who come to us to describe assessment of our National Intelligence is no argument about Saddam Hussein. progress, progress in Iraq. Estimate in our country, the official The fact is, there are a number of bad I don’t know how progress is being assessment. leaders in this world. That doesn’t measured. I hope we have a lot of mean we go invade their country. progress. I hope we have enough Al-Qaida is and will remain the most seri- After 9/11 the case was made that ous terrorist threat to the homeland. We as- progress so we can begin withdrawing sess the group has protected or regenerated Iraq was a threat to the United States American troops from Iraq. key elements of its homeland attack capa- of America. They said Iraq was trying But the fact is, Saddam Hussein is bility, including a safe haven in the Pakistan to get yellowcake from Niger and build dead. He was executed. The Iraqi people Federally Administered Tribal Areas, oper- a nuclear capabilities; Iraq was buying had the ability to write a new constitu- ational lieutenants, and its top leadership. aluminum tubes for the purpose of re- tion and then vote for it. They had the Al-Qaida is the most serious threat constituting its nuclear capabilities; ability to vote for a new government, to us, No. 1. No. 2, it has regrouped and Iraq has mobile chemical weapons lab- which they have. And they had the regenerated key elements of its attack oratories to produce weapons of mass ability to receive two-thirds of a tril- capability. No. 3, it is in a safe haven destruction, which threatened this lion dollars from the American tax- in Pakistan. country. payers, which we have spent in Iraq

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I am not judgment, if 400,000 Iraqis who have publican or Democrat or conservative sure if that amendment will be consid- been trained by using $16 billion of our or liberal about any of this. This is all ered germane. If it is, we need to pass money, and been trained by our people, about common sense. What is the it. But I want to make this point. if they don’t have the will to provide greatest threat to this country? The This country has a history now going the security in the country of Iraq that National Intelligence Estimate says it back to 1992 with respect to renewable is their country, not ours, then we is the al-Qaida leadership. So what are energy for wind energy through the can’t stay there 2 years or 4 years or 20 we doing about that? Is there any production tax credit and things we years or 100 years, as some have sug- progress? put in place to encourage renewable en- gested. We must begin to bring troops Were there any hearings today ask- ergy. We have a history of kind of a pa- home and say to the Iraqis: This is ing whether there is progress? Were thetic and anemic response to all this. your country, not ours. This is your re- there any hearings asking whether we Let me describe what we did with oil. sponsibility, not ours. You have a new are bringing Osama bin Laden to jus- Once we decided we wanted to encour- government. We spent the money to tice, calling in officials who ought to age people to look for oil and gas, we train able-bodied Iraqis. Now you have be working on this? It seems to me, were at it. In 1916, Congress put in to have the will to take back your after 2,400 days the American people place deep, aggressive tax credits and country. have a right to expect some answers. incentives for people to go drill for oil My point about Iraq, however, is that Again, I think it is good that we have and gas. So for almost 100 years our we will not only have been detoured in hearings today. We will no doubt read country’s policies have been for going terms of two-thirds of a trillion dol- about the hearings, the testimony of out to drill for oil and gas. God bless lars-plus, we have been detoured here General Petraeus who, by all accounts, you, we are going to give you some big and bogged down in a long-term civil is a wonderful American soldier. I met tax breaks. We want you to do that. That has been America’s policy: find strife in Iraq that has been deadly for Ambassador Crocker when he was Am- more oil and gas. this country and deadly for the Iraqis bassador in Afghanistan. He is a good In 1992, the Congress put in place a at a time in which the greatest threat American diplomat. We will no doubt provision that said: Now we want to en- to America and greatest continuing hear a lot of discussion about what courage renewable energy. With oil we threat to our homeland comes from al- they said today. put in place permanent, robust tax in- Qaida. Don’t take that from me. Take All the talk today is about Iraq. That centives that have lasted almost a cen- that from the top military experts in is a very important subject. But I as- tury. What did we do with renewables? our Government. sume what will not be discussed today When it came to renewable energy, it If that in fact is the top threat to our is anything about the most serious ter- was kind of a pathetic, lackluster re- homeland, why, 2,400 days after 9/11, is rorist threat to our homeland, and that sponse. It was temporary and short Osama bin Laden in a safe haven? Why is the person and the leadership and term. We would extend it a little bit is there a safe haven anywhere on the organization that engineered the here and then we let it expire. We have Earth for Osama bin Laden? That attack that murdered thousands of in- extended it five times, and let it expire ought to be the question that is asked nocent Americans on 9/11. I hope those three times. What a pathetic response. today. That ought to be the question hearings are held soon. I hope this ad- What this country has an obligation that is answered for the American peo- ministration gives us a report from to do with respect to wind and solar en- ple. time to time on what we can expect. ergy and the basic renewables is to say I think all of us understand that the Will there be another 2,400 days? An- to this country and developers: Look, terrorist threat exists. It remains, and other national intelligence report tell- here is where America is headed. For likely will remain for some time, but ing us that the person who engineered the next decade, here is where we are we didn’t eliminate the terrorist threat the 9/11 attack is in a safe or secure— going, and you can count on it because and didn’t address the terrorist threat by the way, that word has been used as this is America’s policy. We ought to by sending soldiers to Iraq. The pur- well—safe haven or secure haven? do that. pose of sending soldiers to Iraq was to There ought not be anyplace safe or se- We are doing 1 year, 2 years, or 3 respond to what we now know to have cure on this Earth for those who engi- years at a time, but the production tax been largely untrue, the threat that neered the 9/11 attack, but it certainly credit ought to be extended for 10 Iraq represented a threat to our coun- has been safe and secure for 2,400 days. years. We should say here is where we try. But we do know now, as a result of My hope is we will not be on the floor are headed, and you can count on it. our National Intelligence Estimate, of this Senate talking about another We are not going to want to be 2 years, that Osama bin Laden is a threat to 2,400 days. We should be focusing on 5 years, or 10 years from now 70 percent our country. We knew that on 9/11. We bringing to justice those who per- dependent on the Saudis and Kuwaitis knew that on the day he killed 3,000- petrated the 9/11 attack. That goal, in and Iraqis and Venezuelans for our oil. plus innocent Americans. Everybody my judgment, has taken a back seat to That makes no sense. Yet the only way knows that. You don’t need some in- the detour that took us to Iraq all we are going to get out of this box is to toxicated former taxicab driver from these many years, and I hope that will say we are going to begin providing re- Baghdad to tell us that. We know change soon. newable energy in a very aggressive Osama bin Laden is a threat. We now I yield the floor and suggest the ab- way. But we don’t do that with the in- know that 6 years after he engineered sence of a quorum. centives we put in place. We just start the 9/11 attack that our intelligence es- The PRESIDING OFFICER. The and stop, stutter-start, stop, and every timate says he or his al-Qaida organi- clerk will call the roll. time we stop for a year, the whole in- zation is the most serious terrorist The legislative clerk proceeded to vestment cycle blows off. It goes to threat to our homeland. call the roll. zero. So you have all kinds of projects Were there any hearings today on Mr. DORGAN. Mr. President, I ask on the shelf that sit there and never Capitol Hill asking questions of the unanimous consent the order for the get deployed. people who are supposed to be doing quorum call be rescinded. In solar, for example, we are way be- this, What kind of progress are you The PRESIDING OFFICER. Without hind in solar because you can’t do solar making? Are you really going after objection, it is so ordered. and put a tax incentive in for 1 year. him? Is this job No. 1? Or is all the Mr. DORGAN. Mr. President, in just You can’t do that. It takes a number of spotlight on the same spot, that is another couple of minutes, there is an years to get a solar project up and run- Iraq, while Osama bin Laden over here amendment I believe has been filed to ning. You can, if you get a short-term

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If it makes able technologies, this country has a morning business for such time as I sense to approve the Peru agreement, responsibility to get serious about be- might consume but probably in the it makes even more sense to approve coming less dependent on Saudi Arabia neighborhood of 8 or 9 minutes for any- the agreement with the country of Co- and Kuwait and Iraq and all those body else who might be wanting to lombia. countries. speak. Economic considerations are not the The Lord did something really inter- The PRESIDING OFFICER. Without only reason to support the Colombian esting: He put oil over there under the objection, it is so ordered. agreement. I say this because too often soil and put all the demand over here, COLOMBIA FREE TRADE AGREEMENT we measure trade entirely in economic with the blessings of a country that ex- Mr. GRASSLEY. Today, President terms. But there are a lot of ways to panded and produced a great economy. Bush submitted the Colombia Trade measure trade other than in dollars You know we put little straws in this Promotion Trade Agreement Imple- and cents. Because in this instance and Earth every day and we suck oil out. menting Act to Congress. This bill, as in so many instances, trade agreements We suck 84 to 85 million barrels of oil the title implies, would implement our are about an important national secu- a day out of this Earth, and we use one- pending trade agreement with Colom- rity priority. fourth of it here in the United States, bia, which the administration and Co- There is one very specific reason for 21 million barrels a day, and 60 percent lombia signed in November 2006. doing this with Colombia. Because as of it comes from off our shores. If you This is an important agreement that my Senate colleagues know, Colombia don’t think that is a dangerous depend- deserves our support. Some of the eco- is a strong Democratic ally in a very ency, then there is something wrong. I nomic reasons for supporting this trade dangerous neighborhood. For many think that is dangerous and we have to agreement are that the economic ra- years, it has been under assault from fix it. How do you fix it? You make a tionale is obvious. In my view, the eco- the FARC, a group of narcoterrorists commitment to renewable energy. My nomic rationale is undeniable. That is fighting to overthrow the democrat- colleague from the State of Wash- because Colombia is a beneficiary of ically elected Government in Colom- ington was on the floor, Senator CANT- two of our unilateral trade preference bia. It is increasingly under pressure, WELL, who has dedicated a lot of her programs: The Andean Trade Pref- as Colombia is, from Venezuela’s Presi- time and effort to this subject, and I erence Act, and the Generalized Sys- dent Hugo Chavez. You have seen a lot commend her for it. tem of Preferences. of this in the news in the last month. You know, you have to focus around Now, all this means is Colombia al- President Chavez of Venezuela is here on so many things. Senator CANT- ready gets duty-free access to U.S. using oil wealth to divide Latin Amer- WELL has focused substantially on markets for the vast majority of its ica. He is trying to lure allies to his these issues. I wished to work with her. goods. Now, meanwhile, less than 3 per- Socialist vision and, most importantly, I want whatever she is proposing to cent of our exports to Colombia, and to promote his anti-U.S. agenda. He is succeed. We are working together in not a single U.S. agricultural export, fiercely opposed in this process to any- receives duty-free treatment from Co- the Energy Committee. I am also the thing that Colombia’s President Uribe lombia. Our exporters face Colombian chairman of the Water and Energy Ap- does in cooperating with the United tariffs as high as 35 percent for non- propriations Subcommittee. States or even having a friendship with We need to do a lot. But, most impor- agricultural goods and even much high- the United States. tantly, we need to get this Congress on er tariffs for agricultural goods. There have been troubling reports The Colombian trade agreement the side of policy that this country can that President Chavez may be working would thus eliminate this disparity or, be proud to say: We are going to make with the FARC. Last month, he tried as we like to say so often, level the a commitment for the next decade, to create a diplomatic crisis over a bor- playing field for American exporters, here is where we are headed in Amer- der incident that did not even involve thus giving American workers the ica. We are in support of renewable en- Venezuela. He took the side of the ergy. You can count on us because we same access to Colombian markets FARC against the Colombian Govern- are going to put policies in place that that their workers get to the U.S. mar- ment. At a challenging time such as will tell you we are in support of it. kets; in other words, being fair, lev- We cannot keep doing what we have eling the playing field. this, the United States has a responsi- been doing. It is unfair, unfair to this Now, the U.S. International Trade bility to provide strong, principled country. So my hope is that when we Commission has found that leveling leadership. Our agreeing to the Colom- consider this amendment, that we can the playing field will increase our ex- bian Free Trade Agreement is one way approve it. But my hope is we will go ports to Colombia by $1.1 billion per of showing strong, principled leader- much further this year. The minimum year. That is as a result of eliminating ship in support of a friend in South we should do on the production tax the duty on goods. That means real America. credit is a 5-year commitment—min- benefits for American farmers, for We must stand by our allies. We must imum. American manufacturers, for American help to promote economic stability, se- I have a bill that says we ought to service suppliers. curity and, most importantly, the rule provide the PTC for 10 years. You One of the chief benefits is it will of law, whether it is in trade or know, it is one thing to talk about help keep good-paying jobs in the nontrade areas. President Uribe has these things, it is another thing to be United States. So I would ask my col- made it clear that one of the most im- serious and enact public policies that leagues and the American people to portant steps we can take in this re- demonstrate to the country and the think about this whole proposition gard is then to help him, through our world you are serious. We have not about the Colombian Free Trade Agree- implementation of the Colombian done that on renewable energy. It is ment this way: Either we maintain the Trade Agreement that levels the play- time, long past time we do it. I hope status quo or we create new opportuni- ing field for America, for America’s perhaps we will support with the first ties for American exporters. manufacturers, service providers, so we step tomorrow. At its heart, that is what this debate can get our products into Colombia on I yield the floor, and I suggest the ab- is all about. Last year, exports ac- the same basis as Colombian farmers or sence of a quorum. counted for more than 40 percent of our manufacturers or whatever have been The PRESIDING OFFICER. The total economic growth. We should be able to get their products into this clerk will call the roll. doing everything we can do to grow our country without duty. The legislative clerk proceeded to exports even further. That is what we Our leaders in Latin America are call the roll. did last December when the Senate watching us in this process. They see Mr. GRASSLEY. I ask unanimous voted by this wide margin of 77 to 18 in our approach to Colombia as a proxy consent that the order for the quorum favor of a free-trade agreement with for the overall attitude toward Latin call be rescinded. Peru. America. If Congress rejects this trade

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One of Congress has had over 10 months to The PRESIDING OFFICER. Without those concerns is the issue of violence engage the administration and com- objection, it is so ordered. by Colombia or within Colombia mence that process. In that time, we Mr. DODD. Mr. President, I thought I against labor leaders. Anti-union vio- have not even had a hearing on the Co- might take a couple of minutes toward lence has been a serious problem in Co- lombian trade agreement. So the time the close of the day and share with my lombia for years. for that process ran out. colleagues where we stand on the mat- If the Colombian Government were Now, this is the position the adminis- ter of the housing proposal we have ignoring this issue, that might be rea- tration is in. In order to preserve suffi- been on since the middle of last week. son to oppose this agreement. But Co- cient time under the trade promotion I wish to again thank Majority Leader lombia and President Uribe are not ig- authority to assure a final vote this REID. Without his leadership, we would noring the issue. To the contrary, Co- year, the President has now submitted not be here. We would not be in a posi- lombia has made massive strides in its the agreement and implementing legis- tion to actually do some things that fight against anti-union violence. lation to this Congress. But that does are critically important to work our Moreover, I have yet to hear a con- not mean Congress must vote tomor- way out of this mess our country is in vincing reason why voting down the row. when it comes to the foreclosure crisis, Colombian agreement or refusing to Today’s action by the President the problems Americans are facing, not vote on it will help to reduce violence starts the 90-day legislative clock in to mention the contagion effects that against labor leaders. the House and Senate under that Bi- are moving this issue beyond housing If we want to help Colombia reduce partisan Trade Promotion Authority into other aspects of our economy. It violence, and if we want to assist in the Agreement of 2002. was Majority Leader REID who reached demobilization process, we should be So there remains plenty of time to out to the Republican leader, sug- doing what we can to enhance eco- work together on a bipartisan basis to gesting we try to get together, Demo- nomic growth and create new opportu- reach consensus. For example, I am en- crats and Republicans, on a com- nities for a legitimate economy. One gaging in intense discussion with the promise proposal to move to and then way we can advance that objective is chairman of the Finance Committee, deal with other issues where we could, to vote to implement the Colombian Senator BAUCUS of Montana, on a con- where there was some consensus, to trade agreement. sensus bill to reauthorize our trade ad- then be able to meet with the other Now, the one other concern I have justment assistance programs. We will body to see if we couldn’t resolve out- heard is the administration should certainly continue that effort. Trade standing questions dealing with the have waited to submit the agreement adjustment assistance is the top pri- issue of housing and foreclosure. until it reached a procedural agree- ority of Senator BAUCUS on the trade As I have said over and over for the ment with the congressional leader- agenda this year. I have agreed to work last week since Senator SHELBY and I ship. The fact is, we have been waiting with him to advance his priority that I spent that 24 hours we were given—not for Congress to take up this issue for also have an interest in advancing. But a great deal of time, considering the over 10 months. On May 10 of last year, number of issues involved in this ques- there was a great, grand deal made my priority is implementation of the tion—to come back with a package about our bipartisan compromise on Colombian trade agreement. I expect that represented Democrats’ and Re- trade that would pave the way for the to see a vote on that as well. I think publicans’ common points on this ques- continuation of pending trade agree- Congress can address both priorities. I tion, there were a lot of issues Demo- ments, including the Colombian agree- think Congress can meet both respon- crats wanted, that I wanted, there were ment, including Peru, which has been sibilities. I think Congress can accom- issues Republicans wanted that the passed, and including Panama, which plish them in a bipartisan way. other side was not willing to agree to, still is on the agenda. It is time to stop playing politics Now, since May 10 of last year, there with our Nation’s vital economic and and that was the charge we were to has been no action on Colombia. This foreign policy interests. It is time to avoid, to come back with a package on inaction violates the compact between level the playing field between the matters we could agree on, which is the legislative and executive branches United States and Colombia on free not always easy in a Senate that is di- of our Federal Government on trade. trade. That level playing field is going vided 51 to 49, where the margins are The administration negotiated the Co- to benefit the United States. It is not narrow and the differences are signifi- lombian trade agreement under the Bi- going to benefit Colombia much more, cant. But nonetheless, we did that. partisan Trade Promotion Authoriza- although it will benefit them some. This package includes positive provi- tion of 2002. American workers deserve a fair oppor- sions. One, we are going to get an FHA Under the trade promotion authority tunity to sell our products and services modernization bill. That has been procedures, the administration has an abroad. Colombia deserves recognition kicking around for a long time. We obligation to consult with Congress for the tremendous progress it has took those loan limits from, I think it during the course of the negotiation made over the past few years. It is time is $362,000 up to $550,000. There were and to conclude an agreement that for Congress to demonstrate leadership some 19 States that would have been meets the negotiation objectives speci- and to meet our responsibility in the excluded from the FHA program or at fied in that statute, the Bipartisan economic and foreign policy areas. least parts of States that would have Trade Promotion Authority Act of The United States-Colombia trade been excluded, such as California, my 2002. promotion agreement deserves an up- own State of Connecticut, candidly, Now, the administration has done all or-down vote this year. This debate Massachusetts, New Jersey, many those things required by that act. The will continue. I hope that before the States, New York. There are pockets in administration even went further by end it becomes more of a dialog than a these States where even the average reopening the agreement to implement debate because I think dialog is what cost of a home is higher. So the loan the enhanced labor and environmental foreign trade is all about. limits went up. FHA modernization provisions that were demanded by the This issue is too important. The does other good as well, an important new Democratic majority after the stakes are too high. We must find a point. elections of 2006, which was their right way forward, and we need to find it to- The issue of counseling, last year we to do. gether. I think we will. appropriated $42 million nationwide for These agreements then on labor and I yield the floor and suggest the ab- counseling services to deal with the the environment were part of the May sence of a quorum. housing crisis—hardly enough to deal

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2736 CONGRESSIONAL RECORD — SENATE April 8, 2008 with the demands people had on coun- one community in my State that I But I couldn’t get my own idea in this seling. Senator BOND and I offered an have talked about where there are 6,000 bill as the negotiator. I tried to con- amendment last year and got $180 mil- foreclosures in a city of 100,000 people. vince my good friend from Alabama lion for counseling services which we Let me tell you what that looks like in and others this was a provision I thought contributed, and it did, to as- a city. Imagine if you end up with 6,000 thought we ought to have in this bill. sisting groups across the country, non- boarded-up properties in a city of He has some very legitimate ques- profits to work with those facing fore- 100,000 people or less. Obviously, the tions about it. A good set of hearings closure or in highly distressed mort- value of every other home in that city probably will accomplish it. This gages to work out those differences. is going to be adversely affected. So Thursday, we are going to have a hear- I would have liked to have added $200 while people said: I don’t think you ing on this idea and other ideas in the million more to the counseling pro- ought to be providing a tax credit to Banking Committee and a hearing the gram. That is a proposal Senator MUR- get owner-occupied people into these following week as well because we RAY, who cares deeply about this issue, homes, well, you can make a case for would like to have a couple hearings on Senator SCHUMER, who cares about the that, but I think we all benefit if we it. My hope is that at the conclusion, issue, and others wanted to bring up. can get someone into that property, we can have a markup and, along with When we sat down to negotiate that clean it up. That is taxes coming into some other provisions the Presiding Of- issue, there was little or no appetite the community. The value of sur- ficer is aware of, as a member of the for any additional money in the coun- rounding homes I think are benefited committee, we can bring back as a seling area. So we compromised be- from it. So again, I think that is a good package, hopefully, in a bipartisan tween the 200 and zero and came up provision. It was offered here. It has to way, that we can move through this with $100 million. I would have liked be foreclosed property. You have to Chamber that will contribute some an- more. But again, we were directed and live in the house for a period of time. It swers to this economic crisis that has asked by the leadership to try to de- doesn’t invite speculation or involve as its center the foreclosure crisis. velop a set of consensus ideas. Again, new properties. It is foreclosed prop- My own provision is not part of this there may be other amendments—there erties. package as much as I wanted it and ar- was on this—to add additional funds to We also had a number of provisions gued for it. But I couldn’t get it in- it. to deal with veterans. Again, I thank cluded at all. So there are things I We provided money for community Senator JOHN KERRY, Senator DAN would have liked to have had in this development block grants to assist AKAKA of Hawaii, Senator COLEMAN, bill that are not here. communities that have a lot of dis- among others, Senator SANDERS of There are some things in this bill tressed properties or foreclosed prop- Vermont. All had ideas on how we that I think go too far. I will be the erties. I have made the case over and could assist our men and women in uni- first to admit it. But I have learned over what this can do to a community form who are facing not only the dif- over the years that if you wait for the and neighborhood. When you have a ficulty of being in the military service perfect, you don’t get much. In this single foreclosed property, the value of today, potentially serving in Afghani- body with 100 Members, with very dif- every other home in that neighborhood stan and Iraq, but also facing potential ferent views on a lot of these matters, or the surrounding area can decline in foreclosures. We have done a lot in this you do your best. Particularly when value immediately. What you don’t bill to make sure they are not going to you are divided 51 to 49, it is hard to need is more supply out there. Right be adversely affected. develop that kind of consensus. But now we are overloaded with supply. It It may not seem like much or a lot of that is what it is, and that is how you is one of the reasons why the market is people, but the fact that we could do get legislation passed. You begin to not doing as much in correcting this something to help mayors and local have to move on it. That is why I am problem, because of the oversupply of governments with foreclosed prop- urging my colleagues and I am grateful housing. So when we do what we can to erties, as well as providing some way for the vote on cloture. I don’t like to clean up housing, to get it back on the for people to get into these homes, is a cut off debate for anyone on matters market and hopefully get people into positive step, not to mention the FHA where certain amendments may not that housing, it not only benefits the modernization, the mortgage revenue then survive a postcloture motion. But people who get to purchase a home, but bonds, $1.6 billion, not exactly a small we need to come to some closure on it also does a lot to increase the value amount of money, designed specifically this. of the surrounding homes, not to men- to get people into fixed rate affordable I would say to the Presiding Officer tion, of course, stabilizing a declining mortgages that they can work out. as well that there are about 15 or 20 property tax base, which supports po- That is going to be a tremendous asset amendments that are going to be lice, fire, social services, all the other to people. worked out, I think, that various peo- issues that are adversely affected when There are some related matters we ple have offered in addition to what is you have a foreclosed property or prop- probably have to deal with in the Tax in the core provisions here that we are erties in your neighborhood or commu- Code so it could be even more potent, working hard on, the adjoining staff, to nity. So that was a major achievement but it is a major accomplishment in try to accommodate where we can. So in this bill. this bill that is something we can ap- in addition to the core provisions, I would have liked some additional plaud again and celebrate as being very there are other ideas that have come funds for community development helpful. In fact, this is the $10 billion in forward that we hope to have included block grants. It is a very good pro- mortgage revenue bond authority in- in this final product that we can gram. It works very well. To target cluded in this proposal. produce, hopefully, by tomorrow. these resources into that area is some- There are other provisions in the bill. But we are pretty much done with thing we can applaud in this legisla- Frankly, there are some that go too the debate. We have debated this a lot. tion. far. I am the first to admit it. But I People know or can find out whether We also have offered some tax credits was asked to try to put something to- their amendments are germane or sur- for people who move into foreclosed gether. In doing so, I wished to have a vive postcloture or would avoid an ob- properties. It is a 2-year deal. It in- provision in here that I cared deeply jection being filed against them. If volves about $3,500 a year in tax cred- about and that is the home preserva- that is the case and they want to come its. The idea is to get this property tion idea, where we could forestall the over and let Senator SHELBY and me back on the tax rolls, to get people into ability of people. In the ultimate situa- talk about them and listen to people’s the property so, again, you stabilize tion, where you provide money to may- ideas, it is still possible some addi- neighborhoods before you end up with ors to clean up, why not stop fore- tional ideas can be included. further declining values and erosion in closure in the first place. I have talked I have been told there are some peo- these areas, blight, all the other prob- about it since January. There is, I ple who are just going to object to any- lems that happen. think, sort of a growing constituency thing that comes up. I would wish that How big a problem can that be? Let that understands this and has offered would not be the case, but that is a me tell you how big that can be. I have some ideas on how to be supportive. right Members have. They have the

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There is a need to re- ations; and by failing to discover or en- convince those Members who have store investor and consumer confidence sure the correction of a wide variety of blanket objections to anything to re- in the housing market. Although this unsafe and unsound practices. move those objections and to allow bill goes a long way to helping families The board’s failures continued in the some of these ideas to come up to be and communities deal with issues re- wake of revelations of accounting prob- considered as part of this package. lated to foreclosure, there’s still a crit- lems and improper earnings manage- We then have to go through the proc- ical component missing—regulatory re- ment at Freddie Mac and other high ess of meeting with the other body. form of government-sponsored enter- profile firms, the initiation of OFHEO’s Congressman BARNEY FRANK, the prises. special examination and credible alle- chairman of the Financial Services I would like to take a moment to re- gations of improper earnings manage- Committee of the House, is working on mind my colleagues what precipitated ment made by an employee of the En- a similar package or related package. I the need for Congress to consider GSE terprise’s Office of the Controller. am never going to get there to work regulatory reform. Senior management did not make in- out some differences, some of the dif- In May 2006, OFHEO published a spe- vestments in accounting systems, com- ferent ideas that may become a part of cial report detailing egregious manage- puter systems, other infrastructure, this legislation, if I do not leave here. ment and accounting scandals that and staffing needed to support a sound We cannot solve this problem by talk- highlighted a corporate culture of internal control system, proper ac- ing to ourselves. We are going to have greed and corruption. I would like to counting and GAAP-consistent finan- to sit down and talk with people who read a few excerpts from the summary cial reporting. Those failures came at a have different points of view on this if of that report: time when Fannie Mae faced many we are going to come up with some Fannie Mae senior management pro- operational challenges related to its common answers. moted an image of the Enterprise as rapid growth and changing accounting So that is sort of the status of play one of the lowest-risk financial institu- and legal requirements. Fannie Mae here at 6:30 this evening. There is no tions in the world and as ‘‘best in senior management sought to interfere reason why we need to exhaust 30 class’’ in terms of risk management, fi- with OFHEO’s special examination by hours. There is a lot of other work to nancial reporting, internal control, and directing the Enterprise’s lobbyist to be done in this body on other matters. corporate governance. The findings in use their ties to Congressional staff to This is not the only issue that is before the report show that risks at Fannie generate a congressional request for this Congress. Mae were greatly understated and that the inspector general of the Depart- So my hope would be that tomorrow the image was false. ment of Housing and Urban develop- morning, for those who have additional During the period covered by the re- ment, HUD, to investigate OFHEO’s ideas who want to come over, for those port—1998 to mid-2004—Fannie Mae re- conduct of that examination; and in- who are waiting to see if we can get ported extremely smooth profit growth sert into an appropriations bill lan- some answers, that we do that. I am and hit announced targets for earnings guage that would reduce the agency’s prepared to spend the time to try to per share precisely each quarter. Those appropriations until the Director of work things out where we can and to achievements were illusions delib- OFHEO was replaced. say to those where we cannot work it erately and systematically created by While I will concede that the Enter- out: I am sorry, I cannot accommodate the Enterprise’s senior management prises have made great strides in clean- every Member who has an idea on this with the aid of inappropriate account- ing up their acts, Congress must enact bill. Beyond that, we need to come to ing and improper earnings manage- regulatory reform to ensure that such closure and move on. My hope would be ment. A large number of Fannie Mae’s deliberate and egregious practices can we would not have to wait until 9 p.m. accounting policies and practices did never happen again. This legislation tomorrow night to arrive at that point. not comply with Generally Accepted achieves that objective and it is high I am more than happy to yield back Accounting Principles, GAAP. time we take action to pass it. time under the 30 hours, as I am con- The Enterprise also had serious prob- If we really want to assist our fragile fident Senator SHELBY would be, but lems of internal control, financial re- markets, we cannot forego the oppor- we do not want to do that without giv- porting, and corporate governance. tunity to include meaningful and com- ing our colleagues an opportunity to be Those errors resulted in Fannie Mae prehensive GSE reform in this housing heard on these matters. overstating reported income and cap- package. I have spent the past five So I will urge colleagues in the morn- ital by a currently estimated $10.6 bil- years advocating for GSE reform, first ing, if they would come over and bring lion. By deliberately and intentionally as Secretary of HUD and now here in their ideas or at least if they have manipulating accounting to hit earn- the Senate. There has been a great deal amendments to bring them up. We can ings targets, senior management maxi- of talk about reforming GSEs, but we vote on some of these. Some may mized the bonuses and other executive haven’t closed the deal. carry, some may not, but allow us to compensation they received, at the ex- The junior Senator from Delaware move forward and have a final vote on pense of shareholders. and I are offering this amendment be- this package and then go back to work Earnings management made a sig- cause we believe the housing legisla- in the committee to bring out these ad- nificant contribution to the compensa- tion before us represents the best op- ditional ideas we have been talking tion of Fannie Mae chairman and CEO portunity for Congress to pass GSE re- about, as well as to get to a conference Franklin Raines, which totaled over form. with the other body to try to resolve $90 million from 1998 through 2003. Of There has been a great deal of uncer- what is in this bill and what they will that total, over $52 million was di- tainty lately in the housing market, offer themselves. rectly tied to achieving earnings per and as one of the most reliable re- With that, Mr. President, I ask unan- share targets. Fannie Mae consistently sources for homeowners, we cannot af- imous consent to add Senators KOHL took a significant amount of interest ford to let the future of GSEs like and CARPER as cosponsors to amend- rate risk and, when interest rates fell Fannie Mae and Freddie Mac to remain ment No. 4489, as submitted by Senator in 2002, incurred billions of dollars in equally as uncertain. MCCASKILL. economic losses. The combined obligations of Fannie The PRESIDING OFFICER. Without The Enterprise also had huge oper- Mae, Freddie Mac, and the Federal objection, it is so ordered. ational and reputational risk expo- Home Loan Banks exceed $6 trillion. Mr. MARTINEZ. Mr. President, I sures. The Fed’s bailout of Bear Sterns last would like to commend the hard work Fannie Mae’s Board of Directors con- month would look like a drop in the of Chairman DODD and Ranking Mem- tributed to those problems by failing to bucket compared to what would happen

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Last year, the House passed a bipar- I know many of my colleagues have High foreclosure rates harm commu- tisan GSE reform bill, and our amend- concerns that this legislation does not nities, create blighted areas, and stunt ment mirrors that legislation. This go far enough in its regulation of the local and national economic potential. amendment is broadly supported by enterprises or that the inclusion of an Consequently, it is in the best interest those within the financial sector as affordable housing fund is nothing of all of the parties involved in the well as the Treasury Department and more than a ‘‘political slush fund.’’ subprime crisis that Congress act to OFHEO. It contains the essential com- Funds would be allocated to and dis- preserve home ownership, and mini- ponents necessary for overhauling GSE tributed by the states, rather than the mize foreclosures. oversight and for providing stability GSEs, under a formula to be developed Appropriately, the housing stimulus and strength to our housing finance by HUD. legislation currently before the Senate system. The most important component of re- extends for 2008 the availability of And given Congress’s recent action form legislation is the establishment of these low-cost mortgages to raising conforming loan limits and a stronger, more credible regulator— refinancings in addition to first-time OFHEO’s decision to lower Fannie and which is greatly needed. Homeowners homebuyers. This proposal, based from Freddie’s capital requirements, GSE are frustrated and consumers are wor- legislation, S. 2517, introduced by Sen- reform is more critical than ever. We ried about what lies ahead for our ator SMITH, and of which, I have joined passed an economic stimulus package housing market. as a cosponsor, will help provide a low- that increased the maximum size of a We have an opportunity to inject cost refinancing alternative to those mortgage that Fannie and Freddie can some much-needed confidence into a struggling to meet their payment obli- purchase this year to almost $730,000 in sagging portion of our economy, and I gations as their subprime loans begin high-cost areas, and recently OFHEO believe it would be irresponsible to fur- to reset. It only makes sense to offer lowered their capital surplus require- ther delay addressing this important such an alternative to foreclosures. ments from 30 to 20 percent. issue. Ensuring the soundness of Additionally, the proposal increases While I agree that these were nec- Fannie and Freddie will give market the authorization level of the tax-ex- essary steps given the current market participants the confidence they need empt mortgage revenue bonds by $10 conditions, I am very concerned about to continue investing in mortgage billion for 2008. But, however, the pro- the additional risk Fannie and Freddie products. That confidence is critical posal failed to apply the floor provided will assume given these changes. for the proper functioning of our finan- for under the current authorization I am committed to ensuring the long- cial markets. In the same bipartisan levels to the increase for this year. My term sustainability of the GSEs and spirit that helped us come to an agree- amendment addresses this inequity by regulatory reform is critical to that ef- ment on the housing bill, I would urge providing an additional $930 million of fort. In terms of current regulation, my colleagues to follow the same authorization that ensures that more OFHEO has done a great job with the course of action in passing this nec- populous States will receive no less tools at its disposal, but the problem is essary bill. than what they are receiving under the the regulator needs greater powers— Ms. SNOWE. Mr. President, I am not Dodd-Shelby compromise while at the like those of other Federal banking only deeply concerned that increasing same time increases the allocation for regulators. We need a world-class regu- foreclosures threaten the dream of smaller States to levels that they lator to ensure the GSEs continue to home ownership, but it is also critical should receive if the floor were applied operate in a safe and sound manner and to understand that the housing crisis to the $10 billion authorization in- that they remain focused on their af- that the Senate is currently grappling crease. So no State will be worse off by fordable housing mission. with affects every corner of this coun- my amendment while making sure that One of the most important elements try, including both small and large smaller States are treated fairly. of this proposal is the creation of a new States. According to the Mortgage Bankers regulator that is both politically inde- Therefore, I have introduced an Association, Maine, with a population pendent and funded outside of the ap- amendment that would ensure that of only 1.3 million, has a foreclosure propriations process. In order for this States with low populations receive rate of 2.4 percent while the national regulator to be credible, they cannot be their fair share of the increase in mort- average is 2 percent. As you can see, subject to the annual budget machina- gage revenue bond allocations provided Maine’s foreclosure rate is well above tions of a committee or the political for within the Dodd-Shelby substitute the national average and goes to show influence inherent in Washington. amendment. that homeowners are struggling in Part of its broad responsibility would Under current law, there is a small small States as well as large States, be to ensure a more coherent regu- State floor that sets a minimum level and my amendment simply addresses latory framework, better enforcement, of allocations of mortgage revenue the current housing crisis in a way and a more consistent and aggressive bonds that any one State will receive. that is fair to all States, both large and effort on affordable housing. The regu- These bonds provide State housing fi- small. lator would have the ability to monitor nance agencies, like the Maine Housing Mr. President, I am committed to the agency’s portfolios—and direct the Authority, that provided $134.4 million this issue, and urge my colleagues to enterprises to acquire or sell any asset of loans to first-time homebuyers in join me in supporting this critical in order to maintain risk consistent 2006, a financing source for low-cost amendment that is a matter of equity with their missions. The regulator loans to first-time homebuyers. and fairness. would also have the ability to set both It is imperative that we understand minimum and risk-based capital levels the magnitude of mortgage difficulties f for the GSEs—in other words, the facing our Nation. By 2009, more than a amount of capital an enterprise would trillion dollars of mortgages originated be required to hold would be directly during the subprime lending boom will MORNING BUSINESS related to the amount of risk they have reset to higher interest rates. Cur- Mr. DODD. Mr. President, I ask unan- undertaken. rently, according to the Mortgage imous consent that the Senate proceed The regulator would posses enhanced Bankers Association, 43 percent of to a period of morning business, with enforcement powers and be able to pro- subprime ARMs are already in fore- Senators permitted to speak for up to vide prompt corrective action, includ- closure. This exceptionally high num- 10 minutes each. ing the authority to set and enforce ber is expected to skyrocket over the The PRESIDING OFFICER. Without prudential management and internal next year once the next wave of ARM objection, it is so ordered.

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I believe want to recognize the Family Service Association of Redlands as it cele- Iraq, the President said it would enable that by passing this legislation and brates 110 years of service and support the Iraqi government to achieve polit- changing current law, we can change to the communities of southern Cali- ical reconciliation. Our troops have hearts and minds as well. fornia. done their part. Yet as we ask our As a nonprofit community service or- troops to do more, the Iraqi govern- f ganization located in Redlands, CA, the ment does less. Family Service Association has been a While we were fighting the surge, the CAMERON GULBRANSEN KIDS AND hallmark institution of assistance and Iraqi parliament was on vacation. CARS SAFETY ACT guidance to all who have sought its While our troops were wounded, dying, support. Founded as the Associated and away from their families, Prime Mrs. CLINTON. Mr. President, on Charities of Redlands by community Minister al-Maliki was running up a February 29, 2008, the Cameron leader A.K. Smiley in February of 1898, budget surplus. Gulbransen Kids and Cars Safety Act this organization has a long history of The Iraqi government has failed to was signed into law, marking a historic care and concern for the needs of its make their country safer or more sta- moment for children, families and safe- local communities. After spending its ble; they have failed to hold provi- ty advocates across the country. first few years using funds from local sional elections, reform their oil laws Nearly every other day in the United contributors to assist the less fortu- or disarm the militias. This is a failure States, a child dies in a nontraffic ve- nate, the organization opened a wood in leadership. The battle of Basra was a hicle accident. This legislation will en- yard in 1909 to provide employment for disaster. We know that many members those out of work. Later, contributors of the Iraqi military fought bravely sure that cars in the United States are properly equipped with safety tech- would donate buildings that enabled and steadfastly. But we also know that the organization to expand and estab- nology to prevent unintentional harm more than 1,000 deserted or refused to lish the first community hospital, ena- to children, promising safer cars, and fight. Once again, American troops had bling more and more community needs to step forward to salvage the oper- safer children in New York and across to be met. ation. the country. Today, the Family Service Associa- Our troops have performed bravely I am honored to have championed the tion of Redlands provides a variety of and effectively. Yet a great American Cameron Gulbransen Kids and Cars services and programs to benefit needy military cannot be a substitute for a Safety Act in the Senate, named in re- populations of inland southern Cali- weak Iraqi government. It is time to membrance of a 2-year-old Long Island fornia. Their Home Again program has come home. We must bring our troops boy who was killed when he wandered made a significant effort to address the home, swiftly and safely. behind the SUV his father was backing growing issues of poverty and home- f into their driveway. With this legisla- lessness, through providing homeless tion we honor his memory, and the families with permanent housing, em- THE MATTHEW SHEPARD ACT OF memory of all children taken from us ployment, and family stability. Their 2007 Family Support program has made a by these tragic and preventable auto similar dramatic effort at bringing fun- Mr. SMITH. Mr. President, I rise accidents. today to speak about the need for hate damental goods and services to fami- crimes legislation. Each Congress, Sen- I have met many parents, sisters, and lies in need; these include clothing dis- brothers who have lost a loved one to a ator KENNEDY and I introduce hate tribution, rental and mortgage assist- crimes legislation that would strength- nontraffic-related incident. Their pres- ance, utility bill assistance, motel en and add new categories to current ence in this fight represents a true tes- vouchers, emergency medical assist- hate crimes law, sending a signal that tament of courage. I would also like to ance, dental and vision screening pro- violence of any kind is unacceptable in thank the advocacy community—KIDS grams, educational and training pro- our society. Likewise, each Congress I AND CARS, Consumer’s Union and the grams, case management services, and have come to the floor to highlight a Advocates for Highway and Auto Safe- many others. As the Family Service Association of separate hate crime that has occurred ty—for their unwavering support Redlands celebrates 110 years of service in our country. throughout this push for passage. To- and support to the communities of in- In the early morning of July 15, 2007, gether, these families and advocates land southern California, I am pleased Miranda Greer, an openly lesbian played a critical role in raising aware- to ask my colleagues to join me in rec- woman, was brutally attacked in a ness of this issue throughout Congress ognizing their more than a century of Jackson, TN, bar. Greer had been danc- and across the country. Thanks to accomplishments.∑ ing when a man approached her and, their tireless work, countless tragedies using a homophobic slur, asked her to will be prevented in the future. f leave. The man had apparently mis- I would also like to thank all my col- TRIBUTE TO JACK AND JAN taken Greer for a gay male. When she leagues on both sides of the aisle who MCGOWAN clarified that she was a lesbian, the joined me in supporting this important ∑ Mr. SMITH. Mr. President, today I man punched her in the face. He then measure, especially Chairman JOHN highlight the importance of acknowl- used the bottom of a beer bottle to jab DINGELL who was instrumental in help- edging and celebrating extraordinary her left eye, and broke it over the back ing this bill achieve passage in the efforts by ordinary Americans who of her head. Greer ended up with a House. Together we have shown that by have led the way in protecting and pre- blind spot in her left eye after the at- working hard and finding common serving America’s natural resources. I tack. Police have issued a warrant for ground, we can produce legislation that am honored to congratulate two inspir- the arrest of Tyler Mansfield, who was will make a real difference in the lives ing ‘‘natural resource heroes’’ in my identified as a suspect according to the of Americans. State of Oregon, Jack and Jan Jackson Police Department. McGowan. I believe that the Government’s first As safety advocates and families Jack and Jan McGowan have served duty is to defend its citizens, to defend gather in our Nation’s Capitol to cele- as the executive director and associate them against the harms that come out brate this seminal moment, I add to director respectively of an organization of hate. Federal laws intended to pro- the chorus of thanks and praise for this called SOLV, which stands for Stop Or- tect individuals from heinous and vio- long-awaited victory. egon Litter and Vandalism. Jack and

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2740 CONGRESSIONAL RECORD — SENATE April 8, 2008 Jan’s 18-year career with SOLV has After the war, the school rebounded While visiting Washington, DC, these seen many changes to the organization. and enrollment increased rapidly with veterans will tour Arlington National Founded in 1969 by Oregon Governor the help of the G.I. Bill of Rights and Cemetery, the Iwo Jima Memorial, the Tom McCall, SOLV has focused on BHSU’s addition of graduate courses to Vietnam Memorial, the Korean Memo- bringing together government agen- its university catalogue. rial, and the World War II Memorial. cies, businesses and Oregon citizens to Black Hills State University received This program provides many veterans work together on programs and its present name in 1964, and since, has with their only opportunity to see the projects that were meant to enhance continued to thrive in the South Da- great memorials dedicated to their the livability of our State. When Jack kota educational community. Now service.∑ and Jan assumed leadership of SOLV in with three different colleges, an excel- f 1990, they worked out of their home lent academic environment, and many and operated a very small organization athletic opportunities, I am confident MESSAGE FROM THE PRESIDENT of volunteers. Today, SOLV is the larg- that BHSU will continue to serve the A message from the President of the est volunteer non-profit agency in the Spearfish community and the State of United States was communicated to Northwest and has provided inspiration South Dakota for the next 125 years. the Senate by Mr. Williams, one of his to similar organizations around the It gives me great pleasure to rise secretaries. country and the world. with the students, faculty, and alumni f Oregonians pride themselves in doing of Black Hills State University on this their part to protect and conserve the milestone anniversary and wish them EXECUTIVE MESSAGE REFERRED State’s treasures and natural re- continued success in the years to As in executive session the Presiding sources. The first beach cleanup in the come.∑ Officer laid before the Senate a mes- United States was held in Oregon in f sage from the President of the United 1984. Since then, annual beach cleanups States submitting a treaty which was now occur all along the west and east HONORING THE LOUISIANA referred to the Committee on Foreign coasts of our country and in over 100 HONORAIR Relations. countries around the world. Just last ∑ Mr. VITTER. Mr. President, today I (The nomination received today is month, SOLV organized Oregon’s 24th wish to acknowledge and honor a very printed at the end of the Senate pro- annual spring beach cleanup. All 362 special group, the Louisiana HonorAir. ceedings.) miles of Oregon’s coastline were can- Louisiana HonorAir is a not-for-profit f vassed by almost 4,000 volunteers who group that flies as many as 200 World accumulated over 110,000 pounds of War II veterans a year up to Wash- LEGISLATION AND SUPPORTING trash. ington, DC, free of charge. On April 7, DOCUMENTS TO IMPLEMENT THE As a young Boy Scout, I was taught 2008, a group of 95 veterans will reach UNITED STATES-COLOMBIA that one’s duty was to respect and pro- Washington as part of this very special TRADE PROMOTION AGREE- tect the world around you. I believe program. MENT—PM 43 that we have a responsibility to en- I want to take a moment to thank all The PRESIDING OFFICER laid be- courage efforts in conserving our nat- the brave veterans visiting our Capitol fore the Senate the following message ural resources by responsibly using city this trip: from the President of the United them, not abusing them. Jack and Jan Durelle L. Allen, Sr.; Elmer R. Allison; States, together with an accompanying McGowan have made major contribu- Daniel Angelle, Jr.; Aline M. Arceneaux; report; which was referred to the Com- tions to a proud Oregon pioneering Louis Armes; Charles Barber; Billy J. Bar- mittee on Finance: spirit of innovation and conservation. rett, Sr.; Charles Barber; Harry P. Becnel; What they have given back to their Nicholas D. Bernard; James H. Booksh, Jr.; To the Congress of the United States: community is invaluable, for they have James L. Boulet; Valentin D. Breaux, Jr.; I am pleased to transmit legislation taught us that everyone doing their Warren J. Breaux, Sr.; John W. Broussard; and supporting documents to imple- small part can achieve huge successes. Don L. Broussard; Emery Broussard; Tony ment the United States-Colombia I wish Jack and Jan well as they pur- Collette; Elmer Corkern; Jack H. Crouchet; Trade Promotion Agreement (the Frank J. Culotta, Sr. ‘‘Agreement’’). The Agreement rep- sue future endeavors in their retire- Frank Deerman; Joseph I. DeVille; James ment.∑ resents an historic development in our G. DeVille; Julian A. Didier; Irving A. relations with Colombia, which has f Domingue; Carl Dougherty; Charles H. Driggers; Russell J. Duet; Stanley T. Duhon; shown its commitment to advancing RECOGNIZING BLACK HILLS STATE Donald K. Dutt; Robert M. Fleming; Ernest democracy, protecting human rights, UNIVERSITY E. Fontaine; Lucius J. Forsyth, Jr.; Thomas and promoting economic opportunity. ∑ Mr. THUNE. Mr. President, today I R. Fournet; Paul U. Gary; Buren J. Colombia’s importance as a steadfast recognize Black Hills State University Gautreau; Hewitt B. Gomez; Gerald M. strategic partner of the United States as they celebrate their 125th anniver- Gossen; Milton L. Guilbeau. was recognized by President Clinton’s sary. Donald C. Harmon; Didier J. Hebert, Jr.; support for an appropriation in 2000 to Joseph W. Hebert; Adlar Hebert; James M. provide funding for Plan Colombia, and Throughout the past 125 years, Black Jennings, Jr.; Joseph Kenner; Ruth M. Kil- Hills State University, BHSU, has gore; Robert S. King, Jr.; William A. Koch, my Administration has continued to served the State of South Dakota by Jr.; John E. Landry; Wilfred R. LeBlanc; stand with Colombia as it confronts vi- providing a quality educational experi- Walter A. Leonard; Grady A. Lewis; Robert olence, terror, and drug traffickers. ence. BHSU’s commitment to edu- H. Little; Thomas W. Logan; Jack P. Martin; This Agreement will increase oppor- cation began in 1883 when the school Frank M. Mathews; Remie McGee, Jr.; Ray tunity for the people of Colombia was founded as the Dakota Territorial J. Melancon; John M. Menard; A.G. Moulder. through sustained economic growth Normal School. With only 40 students William G. Neef; Richard D. Nunez; Peter and is therefore vital to ensuring that C. Piccione, Sr.; Charles D. Pierce; Ulysses J. Colombia continues on its trajectory of and a 2-year budget of $2,000, BHSU Prevost; Wilfred Racca; Antoine W. Richard; began its journey in becoming a pre- Javis J. Robert; Forrest Sadler; Leroy positive change. Under the leadership mier educational institution in South Salsman, Jr.; Shirley L. Savoy; Lannie Scar- of President Alvaro Uribe, Colombia Dakota. borough; William P. Scott; Emmet G. Sell- has made a remarkable turnaround The school underwent a name change ers; William R. Shelton; Robert D. Snyder; since 1999 when it was on the verge of in 1941 and became the Black Hills Hubert Sonnier; Albin H. Steiner; C. W. Sun- being a failed state. This progress is in Teacher’s College. In the early 1940s, day; Robert Sutter; Edward Swearingen. part explained by Colombia’s success in the rise of World War II resulted in a Vernon O. Tekell; Joseph Thibodeaux; An- demobilizing tens of thousands of para- nationwide decline in university en- drew Thibodeaux; Wilbur P. Thousand; military fighters. The Colombian gov- Emery F. Toups; Prudhome J. Trahan; rollment. In response, BHSU chipped in Frances C. Trahan; Walton Trahan; William ernment reports that since 2002, and hosted the training operations for O. Walker; Camile E. Weber, Sr.; Charles kidnappings, terrorist attacks, and Air Corp Cadets for the Manpower Webre, Jr.; Richard M. Whaley; Walter C. murders are all down substantially, as Commission to assist the war effort. White; Frank S. Williams. is violence against union members.

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — SENATE S2741 The Government of Colombia, with approving the United States-Peru ations Regulations: Atlantic Intracoastal the assistance of the United States, is Trade Promotion Agreement last year. Waterway (AIWW), Sunset Beach, NC’’ continuing its efforts to further reduce The United States-Colombia Trade (RIN1625–AA09) received on April 7, 2008; to the level of violence in Colombia and Promotion Agreement represents an the Committee on Commerce, Science, and Transportation. to ensure that those responsible for vi- historic step forward in U.S. relations EC–5689. A communication from the Chief olence are quickly brought to justice. with a key friend and ally in Latin of Regulations and Administrative Law, U.S. To speed prosecutions of those respon- America. Congressional approval of Coast Guard, Department of Homeland Secu- sible for violent crimes, the Prosecutor legislation to implement the Agree- rity, transmitting, pursuant to law, the re- General’s Office plans to hire this year ment is in our national interest, and I port of a rule entitled ‘‘Drawbridge Oper- 72 new prosecutors and more than 110 urge the Congress to act favorably on ations Regulations (including 5 regulations investigators into the Human Rights this legislation as quickly as possible. beginning with USCG–2008–0046)’’ (RIN1625– Unit. These additions are part of the AA09) received on April 7, 2008; to the Com- GEORGE W. BUSH. mittee on Commerce, Science, and Transpor- increase of more than 2,100 staff that THE WHITE HOUSE, April 7, 2008. tation. will be added to the Prosecutor Gen- f EC–5690. A communication from the Chief eral’s Office in 2008 and 2009. To sup- EXECUTIVE AND OTHER of Regulations and Administrative Law, U.S. port these additional personnel and Coast Guard, Department of Homeland Secu- their activities, Colombia has steadily COMMUNICATIONS rity, transmitting, pursuant to law, the re- increased the budget for the Prosecutor The following communications were port of a rule entitled ‘‘Security Zone Regu- General’s Office, including by more laid before the Senate, together with lations (including 4 regulations beginning than $40 million this year, bringing the accompanying papers, reports, and doc- with USCG–2008–0080)’’ (RIN1625–AA00) re- uments, and were referred as indicated: ceived on April 7, 2008; to the Committee on total outlay for that office to nearly Commerce, Science, and Transportation. $600 million. EC–5681. A communication from the Con- EC–5691. A communication from the Chief In negotiating this Agreement, my gressional Review Coordinator, Animal and of Regulations and Administrative Law, U.S. Administration was guided by the ob- Plant Health Inspection Service, Department Coast Guard, Department of Homeland Secu- jectives set out by the Congress in the of Agriculture, transmitting, pursuant to rity, transmitting, pursuant to law, the re- Trade Act of 2002. My Administration law, the report of a rule entitled ‘‘Karnal port of a rule entitled ‘‘Security Zone; Cape Bunt; Removal of Regulated Areas in Texas’’ Fear River, Wilmington, North Carolina’’ has complied fully with the letter and (Docket No. APHIS–2007–0157) received on spirit of Trade Promotion Authority— (RIN1625–AA87) received on April 7, 2008; to April 7, 2008; to the Committee on Agri- the Committee on Commerce, Science, and from preparation for the negotiations, culture, Nutrition, and Forestry. Transportation. to consultations with the Congress EC–5682. A communication from the Under EC–5692. A communication from the Attor- throughout the talks, to the content of Secretary of Defense (Acquisition, Tech- ney Advisor, U.S. Coast Guard, Department the Agreement itself. In addition, my nology and Logistics), transmitting, pursu- of Homeland Security, transmitting, pursu- Administration has conducted several ant to law, the Selected Acquisition Reports ant to law, the report of a rule entitled ‘‘2008 hundred further consultations, led con- for the quarter ending December 31, 2007; to Rates for Pilotage on the Great Lakes’’ the Committee on Armed Services. gressional trips to Colombia, and last (RIN1625–AB23) received on April 7, 2008; to EC–5683. A communication from the Chair- the Committee on Commerce, Science, and year renegotiated key labor, environ- man, Board of Governors of the Federal Re- Transportation. mental, investment, and intellectual serve System, transmitting, pursuant to law, EC–5693. A communication from the Chief property rights provisions in the a report relative to the Buy American Act; of Regulations and Administrative Law, U.S. Agreement at the behest of the Con- to the Committee on Banking, Housing, and Coast Guard, Department of Homeland Secu- gress. By providing for the effective en- Urban Affairs. rity, transmitting, pursuant to law, the re- forcement of labor and environmental EC–5684. A communication from the Chief port of a rule entitled ‘‘Anchorage Regula- of Regulations and Administrative Law, U.S. tions Yarmouth, Maine, Casco Bay’’ laws, combined with strong remedies Coast Guard, Department of Homeland Secu- for noncompliance, the Agreement will (RIN1625–AA01) received on April 7, 2008; to rity, transmitting, pursuant to law, the re- the Committee on Commerce, Science, and contribute to improved worker rights port of a rule entitled ‘‘Drawbridge Oper- Transportation. and higher levels of environmental pro- ations Regulations (including 6 regulations EC–5694. A communication from the Attor- tection in Colombia. The result is an beginning with USCG–2007–0070)’’ (RIN1625– ney Advisor, U.S. Coast Guard, Department Agreement that all of us can be proud AA09) received on April 7, 2008; to the Com- of Homeland Security, transmitting, pursu- of and that will create significant new mittee on Commerce, Science, and Transpor- ant to law, the report of a rule entitled ‘‘Sec- opportunities for American workers, tation. tor Anchorage Western Alaska Marine In- EC–5685. A communication from the Chief farmers, ranchers, businesses, and con- spection and Captain of the Port Zones; of Regulations and Administrative Law, U.S. Technical Amendment’’ (RIN1625–ZA15) re- sumers by opening the Colombian mar- Coast Guard, Department of Homeland Secu- ceived on April 7, 2008; to the Committee on ket and eliminating barriers to U.S. rity, transmitting, pursuant to law, the re- Commerce, Science, and Transportation. goods, services, and investment. port of a rule entitled ‘‘Drawbridge Oper- EC–5695. A communication from the Chief Under the Agreement, tariffs on over ations Regulations (including 4 regulations of Regulations and Administrative Law, U.S. 80 percent of U.S. industrial and con- beginning with USCG–2008–0151)’’ (RIN1625– Coast Guard, Department of Homeland Secu- sumer goods exported to Colombia will AA09) received on April 7, 2008; to the Com- rity, transmitting, pursuant to law, the re- be eliminated immediately, with tariffs mittee on Commerce, Science, and Transpor- port of a rule entitled ‘‘Regulated Naviga- on the remaining goods eliminated tation. tion Area Regulations (including 2 regula- EC–5686. A communication from the Chief tions beginning with USCG–2008–0045)’’ within 10 years. The Agreement will of Regulations and Administrative Law, U.S. (RIN1625–AA11) received on April 7, 2008; to allow 52 percent of U.S. agricultural Coast Guard, Department of Homeland Secu- the Committee on Commerce, Science, and exports, by value, to enter Colombia rity, transmitting, pursuant to law, the re- Transportation. duty-free immediately, with the re- port of a rule entitled ‘‘Security Zone; Wa- EC–5696. A communication from the Attor- maining agricultural tariffs phased out ters Surrounding U.S. Forces Vessel SBX–1, ney, U.S. Coast Guard, Department of Home- over time. This will help to level the HI’’ (RIN1625–AA87) received on April 7, 2008; land Security, transmitting, pursuant to playing field, as 91 percent of U.S. im- to the Committee on Commerce, Science, law, the report of a rule entitled ‘‘Landowner ports from Colombia already enjoy and Transportation. Defenses to Liability Under the Oil Pollution EC–5687. A communication from the Chief Act of 1990: Standards and Practices for Con- duty-free access to our market under of Regulations and Administrative Law, U.S. ducting All Appropriate Inquiries’’ (RIN1625– U.S. trade preference programs. Coast Guard, Department of Homeland Secu- AB09) received on April 7, 2008; to the Com- My Administration looks forward to rity, transmitting, pursuant to law, the re- mittee on Commerce, Science, and Transpor- continuing to work with the Congress port of a rule entitled ‘‘Security Zone; tation. on a bipartisan path forward to secure Manbirtee Key, Port of Manatee, FL’’ EC–5697. A communication from the Chief approval of this legislation that builds (RIN1625–AA87) received on April 7, 2008; to of Regulations and Administrative Law, U.S. on the positive spirit of the May 10, the Committee on Commerce, Science, and Coast Guard, Department of Homeland Secu- 2007, agreement on trade between the Transportation. rity, transmitting, pursuant to law, the re- EC–5688. A communication from the Chief port of a rule entitled ‘‘Special Local Regu- Administration and the House and Sen- of Regulations and Administrative Law, U.S. lations (including 2 regulations beginning ate leadership, and the strong bipar- Coast Guard, Department of Homeland Secu- with USCG–2007–0076)’’ (RIN1625–AA08) re- tisan support demonstrated by both rity, transmitting, pursuant to law, the re- ceived on April 7, 2008; to the Committee on Houses of Congress in overwhelmingly port of a rule entitled ‘‘Drawbridge Oper- Commerce, Science, and Transportation.

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2742 CONGRESSIONAL RECORD — SENATE April 8, 2008 EC–5698. A communication from the Vice Act of 2008’’ received on April 2, 2008; to the POM–297. A resolution adopted by the President, Government Affairs and Cor- Committee on Homeland Security and Gov- Board of Commissioners of Ferry County of porate Communications, National Railroad ernmental Affairs. the State of Washington relative to federal Passenger Corporation, transmitting, pursu- EC–5710. A communication from the Chair- lands in the County; to the Committee on ant to law, a report relative to the Corpora- man, Council of the District of Columbia, Energy and Natural Resources. tion’s Grant and Legislative Request for fis- transmitting, pursuant to law, a report on POM–298. A resolution adopted by the cal year 2009; to the Committee on Com- D.C. Act 17–335, ‘‘Conversion Fee Clarifica- Board of County Commissioners of Miami- merce, Science, and Transportation. tion Temporary Amendment Act of 2008’’ re- Dade County of the State of Florida urging EC–5699. A communication from the Sec- ceived on April 2, 2008; to the Committee on the Florida Legislature to designate a por- retary of Health and Human Services, trans- Homeland Security and Governmental Af- tion of State Road 934 as ‘‘Rev. Dr. CP. Pres- mitting, pursuant to law, a report entitled fairs. ton, Jr. Street’’; to the Committee on Envi- ‘‘Health, United States, 2007’’; to the Com- EC–5711. A communication from the Chair- ronment and Public Works. mittee on Health, Education, Labor, and man, Council of the District of Columbia, POM–299. A petition from a nongovern- Pensions. transmitting, pursuant to law, a report on mental entity relative to Iranian Kurdish EC–5700. A communication from the Chief D.C. Act 17–334, ‘‘Inclusionary Zoning Imple- refugees currently residing in a camp be- of the Publications and Regulations Branch, mentation Temporary Amendment Act of tween the Jordan and Iraq border; to the Internal Revenue Service, Department of the 2008’’ received on April 2, 2008; to the Com- Committee on Foreign Relations. Treasury, transmitting, pursuant to law, the mittee on Homeland Security and Govern- POM–300. A resolution transmitted by a report of a rule entitled ‘‘2007 Section 45K In- mental Affairs. private citizen relative to the Uintah Treaty; flation Adjustment Factor’’ (Notice 2008–44) EC–5712. A communication from the Chair- to the Committee on Indian Affairs. received on April 1, 2008; to the Committee man, Council of the District of Columbia, POM–301. A resolution adopted by the on Finance. transmitting, pursuant to law, a report on House of Representatives of the State of EC–5701. A communication from the Chief D.C. Act 17–333, ‘‘Extension of Time to Dis- Michigan urging Congress to enact legisla- of the Publications and Regulations Branch, pose of the Old Congress Heights School tion to change the computation of the State Internal Revenue Service, Department of the Temporary Amendment Act of 2008’’ received Federal Medical Assistance Percentage; to Treasury, transmitting, pursuant to law, the on April 2, 2008; to the Committee on Home- the Committee on Finance. report of a rule entitled ‘‘Standards for Rec- land Security and Governmental Affairs. HOUSE RESOLUTION NO. 243 ognition of Tax–Exempt Status’’ ((RIN1545– EC–5713. A communication from the Chair- BE37)(TD 9390)) received on April 1, 2008; to man, Council of the District of Columbia, Whereas, the Federal Medicaid Assistance the Committee on Finance. transmitting, pursuant to law, a report on Percentage (FMAP) determines the distribu- EC–5702. A communication from the Chief D.C. Act 17–332, ‘‘Department of Transpor- tion of federal matching funds for medical of the Publications and Regulations Branch, tation Establishment Temporary Amend- assistance programs, including Medicaid. Internal Revenue Service, Department of the ment Act of 2008’’ received on April 2, 2008; to The United States Department of Health and Treasury, transmitting, pursuant to law, the the Committee on Homeland Security and Human Services calculates the FMAP annu- report of a rule entitled ‘‘Guidance Under Governmental Affairs. ally for each state. The formula for calcu- Section 7623 (Whistleblower Regulations)’’ EC–5714. A communication from the Chair- lating the FMAP is determined by a state’s ((RIN1545–BG74)(TD 9389)) received on April man, Council of the District of Columbia, per capita income as calculated by the 1, 2008; to the Committee on Finance. transmitting, pursuant to law, a report on United States Department of Commerce. In EC–5703. A communication from the Chief D.C. Act 17–330, ‘‘Fire-Standard-Compliant 2003, the state lost about $160 million in fed- of the Publications and Regulations Branch, Cigarettes Act of 2008’’ received on April 2, eral Medicaid funds when General Motors Internal Revenue Service, Department of the 2008; to the Committee on Homeland Secu- made a one-time $16 billion payment to its Treasury, transmitting, pursuant to law, the rity and Governmental Affairs. underfunded pension plan. This one-time report of a rule entitled ‘‘Announcement and EC–5715. A communication from the Chair- payment was included and skewed the cal- Report Concerning Advance Pricing Agree- man, Council of the District of Columbia, culation of the state’s per capita income; and ments’’ (Announcement 2008–27) received on transmitting, pursuant to law, a report on Whereas, recent contract negotiations be- April 1, 2008; to the Committee on Finance. D.C. Act 17–324, ‘‘Accrued Sick and Safe tween three domestic automakers and the EC–5704. A communication from the Chair- Leave Act of 2008’’ received on April 2, 2008; UAW will generate large one-time payments man, Council of the District of Columbia, to the Committee on Homeland Security and beginning in 2010 to a Volunteer Employee transmitting, pursuant to law, a report on Governmental Affairs. Benefits Association (VEBA) trust fund to be D.C. Act 17–328, ‘‘Special Election Amend- EC–5716. A communication from the Chair- administered by the union. These payments ment Act of 2008’’ received on April 2, 2008; to man, Council of the District of Columbia, will be similar in character to the payment the Committee on Homeland Security and transmitting, pursuant to law, a report on made by General Motors for underfunded Governmental Affairs. D.C. Act 17–325, ‘‘College Savings Program pension liabilities that skewed the FMAP EC–5705. A communication from the Chair- Increased Tax Benefit Act of 2008’’ received calculation of state per capita income in man, Council of the District of Columbia, on April 2, 2008; to the Committee on Home- 2003; and transmitting, pursuant to law, a report on land Security and Governmental Affairs. Whereas, State and local governments are D.C. Act 17–327, ‘‘Producer Licensing Amend- EC–5717. A communication from the Chair- encouraged to prefund their retiree health ment Act of 2008’’ received on April 2, 2008; to man, Council of the District of Columbia, benefits as a result of the Governmental Ac- the Committee on Homeland Security and transmitting, pursuant to law, a report on counting Standards Board (GASB) 45 report- Governmental Affairs. D.C. Act 17–326, ‘‘Omnibus Executive Service ing requirement. These payments will be EC–5706. A communication from the Chair- System, Policy and Fire Systems, and Re- similar in character to the General Motors man, Council of the District of Columbia, tirement Modifications for Chief of Police one-time payment for underfunded pension transmitting, pursuant to law, a report on Cathy L. Lanier and Fire Chief Dennis L. liabilities that skewed the FMAP calcula- D.C. Act 17–323, ‘‘Clean Cars Act of 2008’’ re- Rubin Amendment Act of 2008’’ received on tion of state per capita income; and ceived on April 2, 2008; to the Committee on April 2, 2008; to the Committee on Homeland Whereas, the combined contributions of Homeland Security and Governmental Af- Security and Governmental Affairs. the automobile companies will result in over $60 billion that will overstate the state’s per- fairs. f EC–5707. A communication from the Chair- sonal income by billions of dollars. The man, Council of the District of Columbia, PETITIONS AND MEMORIALS prefunding of public employee retirement by transmitting, pursuant to law, a report on The following petitions and memo- state and local governments will result in an exponential increase in this overstatement. D.C. Act 17–331, ‘‘Fire Hydrant Inspection, rials were laid before the Senate and Repair, and Maintenance Amendment Act of This would place the state at risk of a de- 2008’’ received on April 2, 2008; to the Com- were referred or ordered to lie on the cline in its FMAP for the three years that mittee on Homeland Security and Govern- table as indicated these contributions affect personal income mental Affairs. POM–295. A resolution adopted by the calculations; now, therefore, be it EC–5708. A communication from the Chair- Board of County Commissioners of Miami- Resolved by the House of Representatives, man, Council of the District of Columbia, Dade County of the State of Florida urging That we memorialize Congress to enact leg- transmitting, pursuant to law, a report on the Florida Legislature to strengthen mort- islation to change the computing of state D.C. Act 17–337, ‘‘Local Rent Supplement gage fraud laws; to the Committee on Bank- Federal Medical Assistance Percentage by Program Temporary Amendment Act of ing, Housing, and Urban Affairs. disregarding employer contributions toward 2008’’ received on April 2, 2008; to the Com- POM–296. A resolution adopted by the retiree health care in calculating Medicaid; mittee on Homeland Security and Govern- Board of County Commissioners of Miami- and be it further mental Affairs. Dade County of the State of Florida urging Resolved, That copies of this resolution be EC–5709. A communication from the Chair- the Florida Legislature to include venture transmitted to the President of the United man, Council of the District of Columbia, capital firms that are developing alternative States Senate, the Speaker of the United transmitting, pursuant to law, a report on and renewable energy sources in the Florida States House of Representatives, and the D.C. Act 17–336, ‘‘Supplemental Appropria- Opportunity Fund; to the Committee on En- members of the Michigan congressional dele- tions Clarification Temporary Amendment ergy and Natural Resources. gation.

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — SENATE S2743 POM–302. A concurrent resolution adopted Act, and for other purposes (Rept. No. 110– ADDITIONAL COSPONSORS by the House of Representatives of the State 280). S. 400 of Louisiana urging Congress to eliminate By Mr. AKAKA, from the Committee on provisions of law which reduce social secu- Veterans’ Affairs, with an amendment in the At the request of Mr. SUNUNU, the rity benefits for those receiving benefits nature of a substitute: name of the Senator from Tennessee from government retirement systems; to the S. 2162. A bill to improve the treatment (Mr. ALEXANDER) was added as a co- Committee on Finance. and services provided by the Department of sponsor of S. 400, a bill to amend the HOUSE CONCURRENT RESOLUTION NO. 7 Veterans Affairs to veterans with post-trau- Employee Retirement Income Security matic stress disorder and substance use dis- Whereas, the Congress of the United States Act of 1974 and the Internal Revenue orders, and for other purposes (Rept. No. 110– has enacted both the Government Pension Code of 1986 to ensure that dependent 281). Offset (GPO), reducing the spousal and sur- students who take a medically nec- vivor social security benefit, and the Wind- f essary leave of absence do not lose fall Elimination Provision (WEP), reducing health insurance coverage, and for the earned social security benefit for persons INTRODUCTION OF BILLS AND other purposes. who also receive federal, state, or local re- S. 582 tirement; and JOINT RESOLUTIONS Whereas, the intent of Congress in enact- The following bills and joint resolu- At the request of Mr. SMITH, the ing the GPO and the WEP provisions was to tions were introduced, read the first name of the Senator from Rhode Island address concerns that a public employee who and second times by unanimous con- (Mr. WHITEHOUSE) was added as a co- had worked primarily in federal, state, and sent, and referred as indicated: sponsor of S. 582, a bill to amend the local government employment might receive Internal Revenue Code of 1986 to clas- a public pension in addition to the same so- By Mr. BAUCUS (for himself and Mr. TESTER): sify automatic fire sprinkler systems cial security benefit as a worker who had as 5-year property for purposes of de- worked only in employment covered by so- S. 2828. A bill to require the Secretary of cial security throughout his career; and the Treasury to mint and issue coins com- preciation. Whereas, the purpose of Congress in enact- memorating the 100th anniversary of the es- S. 594 ing these reduction provisions was to provide tablishment of Glacier National Park, and At the request of Mrs. FEINSTEIN, the a disincentive for public employees to re- for other purposes; to the Committee on name of the Senator from South Da- Banking, Housing, and Urban Affairs. ceive two pensions; and kota (Mr. JOHNSON) was added as a co- By Mr. KENNEDY (for himself, Mr. Whereas, the GPO negatively affects a sponsor of S. 594, a bill to limit the use, LUGAR, Mr. LEAHY, Mr. SPECTER, Mr. spouse or survivor receiving federal, state, or sale, and transfer of cluster munitions. local government retirement benefits who BIDEN, Mr. CORNYN, Mr. LEVIN, Mr. S. 626 would also be entitled to a social security LIEBERMAN, Mr. OBAMA, Mr. MCCAIN, benefit earned by a spouse; and Mr. DURBIN, Mr. SUNUNU, Mr. CARDIN, At the request of Mr. KENNEDY, the Whereas, the GPO formula reduces the Mr. SMITH, Mr. HAGEL, Mr. COLEMAN, names of the Senator from Arkansas spousal or survivor social security benefit by and Mr. BOND): (Mr. PRYOR), the Senator from Oregon two-thirds of the amount of the federal, S. 2829. A bill to make technical correc- (Mr. WYDEN) and the Senator from tions to section 1244 of the National Defense state, or local government retirement ben- Maine (Ms. SNOWE) were added as co- efit received by the spouse or survivor, in Authorization Act for Fiscal Year 2008, which provides special immigrant status for sponsors of S. 626, a bill to amend the many cases completely eliminating the so- Public Health Service Act to provide cial security benefit; and certain Iraqis, and for other purposes; to the Whereas, the WEP applies to those persons Committee on the Judiciary. for arthritis research and public who have earned federal, state, or local gov- By Mr. REID (for himself, Mr. GRASS- health, and for other purposes. ernment retirement benefits, in addition to LEY, and Mr. MCCONNELL) (by re- S. 630 working in covered employment and paying quest): At the request of Mr. COLEMAN, the into the social security system; and S. 2830. A bill to implement the United name of the Senator from Maine (Ms. States-Colombia Trade Promotion Agree- Whereas, the WEP reduces the earned so- COLLINS) was added as a cosponsor of S. cial security benefit using an averaged in- ment; to the Committee on Finance pursu- ant to section 2103(c) of Public Law 107–210. 630, a bill to amend part C of title dexed monthly earnings formula and may re- XVIII of the Social Security Act to duce social security benefits for such persons By Mr. DORGAN (for himself and Mr. by as much as one-half of the uncovered pub- INOUYE): provide for a minimum payment rate lic retirement benefits earned; and S. 2831. A bill to reauthorize the Federal by Medicare Advantage organizations Whereas, because of these calculation Trade Commission, and for other purposes; for services furnished by a critical ac- characteristics, the GPO and WEP have a to the Committee on Commerce, Science, cess hospital and a rural health clinic disproportionately negative effect on em- and Transportation. under the Medicare program. ployees working in lower-wage government f S. 937 jobs; and At the request of Mrs. CLINTON, the Whereas, Louisiana is making every effort name of the Senator from Maryland to improve the quality of life of its citizens SUBMISSION OF CONCURRENT AND and to encourage them to live here lifelong. SENATE RESOLUTIONS (Ms. MIKULSKI) was added as a cospon- Therefore, be it The following concurrent resolutions sor of S. 937, a bill to improve support Resolved, That the Legislature of Louisiana and Senate resolutions were read, and and services for individuals with au- does hereby memorialize the Congress of the referred (or acted upon), as indicated: tism and their families. United States to review the GPO and WEP S. 1223 By Mr. ROBERTS (for himself, Mr. social security benefit reductions and to con- At the request of Ms. LANDRIEU, the BROWNBACK, and Mr. STEVENS): sider eliminating them. Be it further name of the Senator from Mississippi Resolved, That a copy of this Resolution be S. Res. 505. A resolution commending the transmitted to the presiding officers of the University of Kansas men’s basketball team (Mr. WICKER) was added as a cosponsor Senate and the House of Representatives of for winning the 2008 National Collegiate Ath- of S. 1223, a bill to amend the Robert T. the Congress of the United States of America letic Association (NCAA) Division I Basket- Stafford Disaster Relief and Emer- and to each member of the Louisiana con- ball Championship; considered and agreed to. gency Assistance Act to support efforts gressional delegation. By Mr. NELSON of Nebraska: by local or regional television or radio S. Res. 506. A resolution expressing the broadcasters to provide essential pub- f sense of the Senate that funding provided by lic information programming in the REPORTS OF COMMITTEES the United States to the Government of Iraq in the future for reconstruction and training event of a major disaster, and for other The following reports of committees for security forces be provided as a loan to purposes. were submitted: the Government of Iraq; to the Committee S. 1437 By Mr. KENNEDY, from the Committee on on Foreign Relations. At the request of Ms. STABENOW, the Health, Education, Labor, and Pensions: By Mr. KENNEDY (for himself, Mr. name of the Senator from Michigan Report to accompany S. 1858, A bill to DODD, and Ms. COLLINS): (Mr. LEVIN) was added as a cosponsor of amend the Public Health Service Act to es- S. Con. Res. 74. A concurrent resolution S. 1437, a bill to require the Secretary tablish grant programs to provide for edu- honoring the Prime Minister of Ireland, cation and outreach on newborn screening Bertie Ahern, for his service to the people of of the Treasury to mint coins in com- and coordinated followup care once newborn Ireland and to the world and welcoming the memoration of the semicentennial of screening has been conducted, to reauthorize Prime Minister to the United States; to the the enactment of the Civil Rights Act programs under part A of title XI of such Committee on Foreign Relations. of 1964.

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2744 CONGRESSIONAL RECORD — SENATE April 8, 2008 S. 1445 eral Trade Commission to prescribe a ence and security, developing innova- At the request of Mr. KENNEDY, the rule prohibiting deceptive advertising tive new technologies, reducing carbon names of the Senator from Arkansas of abortion services, and for other pur- emissions, creating green jobs, pro- (Mr. PRYOR), the Senator from Oregon poses. tecting consumers, increasing clean re- (Mr. WYDEN) and the Senator from S. 2821 newable energy production, and mod- Maine (Ms. SNOWE) were added as co- At the request of Ms. CANTWELL, the ernizing our energy infrastructure, and sponsors of S. 1445, a bill to amend the names of the Senator from Ohio (Mr. to amend the Internal Revenue Code of Public Health Service Act to direct the BROWN) and the Senator from Virginia 1986 to provide tax incentives for the Secretary of Health and Human Serv- (Mr. WARNER) were added as cosponsors production of renewable energy and en- ices to establish, promote, and support of S. 2821, a bill to amend the Internal ergy conservation. a comprehensive prevention, research, Revenue Code of 1986 to provide for the AMENDMENT NO. 4441 and medical management referral pro- limited continuation of clean energy At the request of Mr. OBAMA, the gram for hepatitis C virus infection. production incentives and incentives to name of the Senator from Illinois (Mr. S. 1693 improve energy efficiency in order to DURBIN) was added as a cosponsor of At the request of Mr. KENNEDY, the prevent a downturn in these sectors amendment No. 4441 intended to be pro- name of the Senator from Georgia (Mr. that would result from a lapse in the posed to H.R. 3221, moving the United CHAMBLISS) was added as a cosponsor of tax law. States toward greater energy independ- S. 1693, a bill to enhance the adoption S. 2822 ence and security, developing innova- of a nationwide interoperable health At the request of Mr. WYDEN, the tive new technologies, reducing carbon information technology system and to name of the Senator from Illinois (Mr. emissions, creating green jobs, pro- improve the quality and reduce the OBAMA) was added as a cosponsor of S. tecting consumers, increasing clean re- costs of health care in the United 2822, a bill to amend the Energy Policy newable energy production, and mod- States. Act of 2005 to repeal a section of that ernizing our energy infrastructure, and S. 2170 Act relating to exportation or importa- to amend the Internal Revenue Code of At the request of Mrs. HUTCHISON, the tion of natural gas. 1986 to provide tax incentives for the name of the Senator from Alabama S. RES. 504 production of renewable energy and en- (Mr. SESSIONS) was added as a cospon- At the request of Mrs. FEINSTEIN, the ergy conservation. sor of S. 2170, a bill to amend the Inter- names of the Senator from Illinois (Mr. AMENDMENT NO. 4442 DURBIN), the Senator from Pennsyl- nal Revenue Code of 1986 to modify the At the request of Mr. OBAMA, the vania (Mr. CASEY) and the Senator treatment of qualified restaurant prop- name of the Senator from Illinois (Mr. from Connecticut (Mr. LIEBERMAN) erty as 15-year property for purposes of DURBIN) was added as a cosponsor of were added as cosponsors of S. Res. 504, the depreciation deduction. amendment No. 4442 intended to be pro- a resolution condemning the violence S. 2181 posed to H.R. 3221, moving the United in Tibet and calling for restraint by At the request of Ms. COLLINS, the States toward greater energy independ- the Government of the People’s Repub- names of the Senator from Washington ence and security, developing innova- lic of China and the people of Tibet. (Mrs. MURRAY) and the Senator from tive new technologies, reducing carbon AMENDMENT NO. 4384 New Mexico (Mr. BINGAMAN) were emissions, creating green jobs, pro- At the request of Mr. SANDERS, the added as cosponsors of S. 2181, a bill to tecting consumers, increasing clean re- name of the Senator from Maryland amend title XVIII of the Social Secu- newable energy production, and mod- (Mr. CARDIN) was added as a cosponsor rity Act to protect Medicare bene- ernizing our energy infrastructure, and of amendment No. 4384 proposed to ficiaries’ access to home health serv- to amend the Internal Revenue Code of H.R. 3221, moving the United States to- ices under the Medicare program. 1986 to provide tax incentives for the ward greater energy independence and S. 2619 production of renewable energy and en- security, developing innovative new At the request of Mr. COBURN, the ergy conservation. technologies, reducing carbon emis- name of the Senator from Louisiana sions, creating green jobs, protecting AMENDMENT NO. 4464 (Mr. VITTER) was added as a cosponsor consumers, increasing clean renewable At the request of Mr. CRAPO, the of S. 2619, a bill to protect innocent energy production, and modernizing name of the Senator from North Caro- Americans from violent crime in na- our energy infrastructure, and to lina (Mrs. DOLE) was added as a cospon- tional parks. amend the Internal Revenue Code of sor of amendment No. 4464 intended to S. 2674 1986 to provide tax incentives for the be proposed to H.R. 3221, moving the At the request of Mr. BURR, the name production of renewable energy and en- United States toward greater energy of the Senator from Mississippi (Mr. ergy conservation. independence and security, developing COCHRAN) was added as a cosponsor of AMENDMENT NO. 4427 innovative new technologies, reducing S. 2674, a bill to amend titles 10 and 38, At the request of Mr. ISAKSON, the carbon emissions, creating green jobs, United States Code, to improve and en- name of the Senator from Tennessee protecting consumers, increasing clean hance procedures for the retirement of (Mr. CORKER) was added as a cosponsor renewable energy production, and mod- members of the Armed Forces for dis- of amendment No. 4427 intended to be ernizing our energy infrastructure, and ability and to improve and enhance au- proposed to H.R. 3221, moving the to amend the Internal Revenue Code of thorities for the rating and compensa- United States toward greater energy 1986 to provide tax incentives for the tion of service-connected disabilities in independence and security, developing production of renewable energy and en- veterans, and for other purposes. innovative new technologies, reducing ergy conservation. S. 2749 carbon emissions, creating green jobs, AMENDMENT NO. 4472 At the request of Mr. COBURN, the protecting consumers, increasing clean At the request of Mr. SCHUMER, the name of the Senator from Georgia (Mr. renewable energy production, and mod- name of the Senator from Massachu- CHAMBLISS) was added as a cosponsor of ernizing our energy infrastructure, and setts (Mr. KERRY) was added as a co- S. 2749, a bill to ensure that the highest to amend the Internal Revenue Code of sponsor of amendment No. 4472 in- priority for HIV/AIDS-related funding 1986 to provide tax incentives for the tended to be proposed to H.R. 3221, is saving lives most immediately and production of renewable energy and en- moving the United States toward urgently threatened by HIV–AIDS, in- ergy conservation. greater energy independence and secu- cluding babies at risk of being infected AMENDMENT NO. 4437 rity, developing innovative new tech- at birth. At the request of Mr. SMITH, the nologies, reducing carbon emissions, S. 2793 name of the Senator from Oregon (Mr. creating green jobs, protecting con- At the request of Mr. MENENDEZ, the WYDEN) was added as a cosponsor of sumers, increasing clean renewable en- name of the Senator from Vermont amendment No. 4437 intended to be pro- ergy production, and modernizing our (Mr. SANDERS) was added as a cospon- posed to H.R. 3221, moving the United energy infrastructure, and to amend sor of S. 2793, a bill to direct the Fed- States toward greater energy independ- the Internal Revenue Code of 1986 to

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — SENATE S2745 provide tax incentives for the produc- S. 2830 section 2103(b) of the Bipartisan Trade Pro- tion of renewable energy and energy Be it enacted by the Senate and House of Rep- motion Authority Act of 2002 (19 U.S.C. conservation. resentatives of the United States of America in 3803(b)); (2) to strengthen and develop economic re- AMENDMENT NO. 4481 Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. lations between the United States and Co- At the request of Mr. BAUCUS, the lombia for their mutual benefit; (a) SHORT TITLE.—This Act may be cited as name of the Senator from South Da- (3) to establish free trade between the the ‘‘United States-Colombia Trade Pro- kota (Mr. THUNE) was added as a co- United States and Colombia through the re- motion Agreement Implementation Act’’. sponsor of amendment No. 4481 in- duction and elimination of barriers to trade (b) TABLE OF CONTENTS.—The table of con- in goods and services and to investment; and tended to be proposed to H.R. 3221, tents for this Act is as follows: moving the United States toward Sec. 1. Short title; table of contents. (4) to lay the foundation for further co- greater energy independence and secu- Sec. 2. Purposes. operation to expand and enhance the benefits rity, developing innovative new tech- Sec. 3. Definitions. of the Agreement. nologies, reducing carbon emissions, SEC. 3. DEFINITIONS. TITLE I—APPROVAL OF, AND GENERAL In this Act: creating green jobs, protecting con- PROVISIONS RELATING TO, THE (1) AGREEMENT.—The term ‘‘Agreement’’ sumers, increasing clean renewable en- AGREEMENT means the United States-Colombia Trade ergy production, and modernizing our Sec. 101. Approval and entry into force of Promotion Agreement approved by Congress energy infrastructure, and to amend the Agreement. under section 101(a)(1). the Internal Revenue Code of 1986 to Sec. 102. Relationship of the Agreement to (2) COMMISSION.—The term ‘‘Commission’’ provide tax incentives for the produc- United States and State law. means the United States International Trade tion of renewable energy and energy Sec. 103. Implementing actions in anticipa- Commission. conservation. tion of entry into force and ini- (3) HTS.—The term ‘‘HTS’’ means the Har- tial regulations. AMENDMENT NO. 4484 monized Tariff Schedule of the United Sec. 104. Consultation and layover provi- States. At the request of Mr. HARKIN, his sions for, and effective date of, (4) TEXTILE OR APPAREL GOOD.—The term name was added as a cosponsor of proclaimed actions. ‘‘textile or apparel good’’ means a good list- amendment No. 4484 intended to be pro- Sec. 105. Administration of dispute settle- ed in the Annex to the Agreement on Tex- posed to H.R. 3221, moving the United ment proceedings. tiles and Clothing referred to in section States toward greater energy independ- Sec. 106. Arbitration of claims. 101(d)(4) of the Uruguay Round Agreements ence and security, developing innova- Sec. 107. Effective dates; effect of termi- Act (19 U.S.C. 3511(d)(4)), other than a good tive new technologies, reducing carbon nation. listed in Annex 3–C of the Agreement. emissions, creating green jobs, pro- TITLE II—CUSTOMS PROVISIONS TITLE I—APPROVAL OF, AND GENERAL tecting consumers, increasing clean re- Sec. 201. Tariff modifications. PROVISIONS RELATING TO, THE AGREE- newable energy production, and mod- Sec. 202. Additional duties on certain agri- MENT ernizing our energy infrastructure, and cultural goods. SEC. 101. APPROVAL AND ENTRY INTO FORCE OF to amend the Internal Revenue Code of Sec. 203. Rules of origin. THE AGREEMENT. 1986 to provide tax incentives for the Sec. 204. Customs user fees. (a) APPROVAL OF AGREEMENT AND STATE- Sec. 205. Disclosure of incorrect informa- MENT OF ADMINISTRATIVE ACTION.—Pursuant production of renewable energy and en- tion; false certifications of ori- to section 2105 of the Bipartisan Trade Pro- ergy conservation. gin; denial of preferential tariff motion Authority Act of 2002 (19 U.S.C. 3805) At the request of Mr. CORNYN, the treatment. and section 151 of the Trade Act of 1974 (19 name of the Senator from North Caro- Sec. 206. Reliquidation of entries. U.S.C. 2191), Congress approves— lina (Mr. BURR) was added as a cospon- Sec. 207. Recordkeeping requirements. (1) the United States-Colombia Trade Pro- sor of amendment No. 4484 intended to Sec. 208. Enforcement relating to trade in motion Agreement entered into on November be proposed to H.R. 3221, supra. textile or apparel goods. 22, 2006, with the Government of Colombia, AMENDMENT NO. 4489 Sec. 209. Regulations. as amended on June 28, 2007, by the United At the request of Mr. DODD, the TITLE III—RELIEF FROM IMPORTS States and Colombia, and submitted to Con- names of the Senator from Wisconsin Sec. 301. Definitions. gress on April 8, 2008; and (2) the statement of administrative action (Mr. KOHL) and the Senator from Dela- Subtitle A—Relief From Imports Benefiting proposed to implement the Agreement that ware (Mr. CARPER) were added as co- From the Agreement was submitted to Congress on April 8, 2008. sponsors of amendment No. 4489 in- Sec. 311. Commencing of action for relief. (b) CONDITIONS FOR ENTRY INTO FORCE OF tended to be proposed to H.R. 3221, Sec. 312. Commission action on petition. THE AGREEMENT.—At such time as the Presi- moving the United States toward Sec. 313. Provision of relief. dent determines that Colombia has taken greater energy independence and secu- Sec. 314. Termination of relief authority. measures necessary to comply with those rity, developing innovative new tech- Sec. 315. Compensation authority. provisions of the Agreement that are to take Sec. 316. Confidential business information. nologies, reducing carbon emissions, effect on the date on which the Agreement enters into force, the President is authorized creating green jobs, protecting con- Subtitle B—Textile and Apparel Safeguard Measures to exchange notes with the Government of sumers, increasing clean renewable en- Colombia providing for the entry into force, ergy production, and modernizing our Sec. 321. Commencement of action for relief. Sec. 322. Determination and provision of re- on or after January 1, 2009, of the Agreement energy infrastructure, and to amend lief. with respect to the United States. the Internal Revenue Code of 1986 to Sec. 323. Period of relief. SEC. 102. RELATIONSHIP OF THE AGREEMENT TO provide tax incentives for the produc- Sec. 324. Articles exempt from relief. UNITED STATES AND STATE LAW. tion of renewable energy and energy Sec. 325. Rate after termination of import (a) RELATIONSHIP OF AGREEMENT TO UNITED conservation. relief. STATES LAW.— (1) UNITED STATES LAW TO PREVAIL IN CON- f Sec. 326. Termination of relief authority. Sec. 327. Compensation authority. FLICT.—No provision of the Agreement, nor STATEMENTS ON INTRODUCED Sec. 328. Confidential business information. the application of any such provision to any BILLS AND JOINT RESOLUTIONS person or circumstance, which is incon- Subtitle C—Cases Under Title II of the Trade sistent with any law of the United States By Mr. REID (for himself, Mr. Act of 1974 shall have effect. GRASSLEY, and Mr. MCCONNELL) Sec. 331. Findings and action on goods of Co- (2) CONSTRUCTION.—Nothing in this Act (by request): lombia. shall be construed— S. 2830. A bill to implement the TITLE IV—PROCUREMENT (A) to amend or modify any law of the United States-Colombia Trade Pro- Sec. 401. Eligible products. United States; or motion Agreement; to the Committee (B) to limit any authority conferred under TITLE V—OFFSETS any law of the United States, on Finance pursuant to section 2103(c) Sec. 501. Customs user fees. unless specifically provided for in this Act. of Public Law 107–210. Sec. 502. Time for payment of corporate esti- Mr. REID. Mr. President, I ask unan- (b) RELATIONSHIP OF AGREEMENT TO STATE mated taxes. LAW.— imous consent that the text of the bill SEC. 2. PURPOSES. (1) LEGAL CHALLENGE.—No State law, or be printed in the RECORD. The purposes of this Act are— the application thereof, may be declared in- There being no objection, the text of (1) to approve and implement the free trade valid as to any person or circumstance on the bill was ordered to be printed in agreement between the United States and the ground that the provision or application the RECORD, as follows: Colombia entered into under the authority of is inconsistent with the Agreement, except

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2746 CONGRESSIONAL RECORD — SENATE April 8, 2008 in an action brought by the United States for (B) the Commission; (1) such modifications or continuation of the purpose of declaring such law or applica- (2) the President has submitted to the any duty, tion invalid. Committee on Finance of the Senate and the (2) such modifications as the United States (2) DEFINITION OF STATE LAW.—For purposes Committee on Ways and Means of the House may agree to with Colombia regarding the of this subsection, the term ‘‘State law’’ in- of Representatives a report that sets forth— staging of any duty treatment set forth in cludes— (A) the action proposed to be proclaimed Annex 2.3 of the Agreement, (A) any law of a political subdivision of a and the reasons therefor; and (3) such continuation of duty-free or excise State; and (B) the advice obtained under paragraph treatment, or (B) any State law regulating or taxing the (1); (4) such additional duties, business of insurance. (3) a period of 60 calendar days, beginning as the President determines to be necessary (c) EFFECT OF AGREEMENT WITH RESPECT TO on the first day on which the requirements or appropriate to maintain the general level PRIVATE REMEDIES.—No person other than set forth in paragraphs (1) and (2) have been of reciprocal and mutually advantageous the United States— met, has expired; and concessions with respect to Colombia pro- (1) shall have any cause of action or de- (4) the President has consulted with the vided for by the Agreement. fense under the Agreement or by virtue of committees referred to in paragraph (2) re- (c) CONVERSION TO AD VALOREM RATES.— congressional approval thereof; or garding the proposed action during the pe- For purposes of subsections (a) and (b), with (2) may challenge, in any action brought riod referred to in paragraph (3). respect to any good for which the base rate under any provision of law, any action or in- SEC. 105. ADMINISTRATION OF DISPUTE SETTLE- in the Schedule of the United States to action by any department, agency, or other MENT PROCEEDINGS. Annex 2.3 of the Agreement is a specific or instrumentality of the United States, any (a) ESTABLISHMENT OR DESIGNATION OF OF- compound rate of duty, the President may State, or any political subdivision of a State, FICE.—The President is authorized to estab- substitute for the base rate an ad valorem on the ground that such action or inaction is lish or designate within the Department of rate that the President determines to be inconsistent with the Agreement. Commerce an office that shall be responsible equivalent to the base rate. SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPA- for providing administrative assistance to (d) TARIFF RATE QUOTAS.—In implementing TION OF ENTRY INTO FORCE AND panels established under chapter 21 of the the tariff rate quotas set forth in Appendix I INITIAL REGULATIONS. Agreement. The office shall not be consid- to the Schedule of the United States to (a) IMPLEMENTING ACTIONS.— ered to be an agency for purposes of section Annex 2.3 of the Agreement, the President (1) PROCLAMATION AUTHORITY.—After the 552 of title 5, United States Code. shall take such action as may be necessary date of the enactment of this Act— (b) AUTHORIZATION OF APPROPRIATIONS.— to ensure that imports of agricultural goods (A) the President may proclaim such ac- There are authorized to be appropriated for do not disrupt the orderly marketing of com- tions, and each fiscal year after fiscal year 2008 to the modities in the United States. Department of Commerce such sums as may (B) other appropriate officers of the United SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRI- States Government may issue such regula- be necessary for the establishment and oper- CULTURAL GOODS. ations of the office established or designated tions, (a) DEFINITIONS.—In this section: under subsection (a) and for the payment of as may be necessary to ensure that any pro- (1) APPLICABLE NTR (MFN) RATE OF DUTY.— vision of this Act, or amendment made by the United States share of the expenses of The term ‘‘applicable NTR (MFN) rate of this Act, that takes effect on the date on panels established under chapter 21 of the duty’’ means, with respect to a safeguard which the Agreement enters into force is ap- Agreement. good, a rate of duty equal to the lowest of— propriately implemented on such date, but SEC. 106. ARBITRATION OF CLAIMS. (A) the base rate in the Schedule of the no such proclamation or regulation may The United States is authorized to resolve United States to Annex 2.3 of the Agreement; have an effective date earlier than the date any claim against the United States covered (B) the column 1 general rate of duty that on which the Agreement enters into force. by article 10.16.1(a)(i)(C) or article would, on the day before the date on which (2) EFFECTIVE DATE OF CERTAIN PROCLAIMED 10.16.1(b)(i)(C) of the Agreement, pursuant to the Agreement enters into force, apply to a ACTIONS.—Any action proclaimed by the the Investor-State Dispute Settlement pro- good classifiable in the same 8-digit sub- President under the authority of this Act cedures set forth in section B of chapter 10 of heading of the HTS as the safeguard good; or that is not subject to the consultation and the Agreement. (C) the column 1 general rate of duty that layover provisions under section 104 may not SEC. 107. EFFECTIVE DATES; EFFECT OF TERMI- would, at the time the additional duty is im- take effect before the 15th day after the date NATION. posed under subsection (b), apply to a good on which the text of the proclamation is pub- (a) EFFECTIVE DATES.—Except as provided classifiable in the same 8-digit subheading of lished in the Federal Register. in subsection (b), this Act and the amend- the HTS as the safeguard good. ments made by this Act take effect on the (3) WAIVER OF 15-DAY RESTRICTION.—The 15- (2) SCHEDULE RATE OF DUTY.—The term day restriction contained in paragraph (2) on date on which the Agreement enters into ‘‘schedule rate of duty’’ means, with respect the taking effect of proclaimed actions is force. to a safeguard good, the rate of duty for that (b) EXCEPTIONS.—Sections 1 through 3 and waived to the extent that the application of good that is set forth in the Schedule of the this title take effect on the date of the en- such restriction would prevent the taking ef- United States to Annex 2.3 of the Agreement. actment of this Act. fect on the date the Agreement enters into (3) SAFEGUARD GOOD.—The term ‘‘safeguard (c) TERMINATION OF THE AGREEMENT.—On force of any action proclaimed under this good’’ means a good— the date on which the Agreement termi- section. (A) that is included in the Schedule of the nates, this Act (other than this subsection) (b) INITIAL REGULATIONS.—Initial regula- United States to Annex 2.18 of the Agree- and the amendments made by this Act shall tions necessary or appropriate to carry out ment; cease to have effect. the actions required by or authorized under (B) that qualifies as an originating good this Act or proposed in the statement of ad- TITLE II—CUSTOMS PROVISIONS under section 203, except that operations per- ministrative action submitted under section SEC. 201. TARIFF MODIFICATIONS. formed in or material obtained from the 101(a)(2) to implement the Agreement shall, (a) TARIFF MODIFICATIONS PROVIDED FOR IN United States shall be considered as if the to the maximum extent feasible, be issued THE AGREEMENT.— operations were performed in, and the mate- within 1 year after the date on which the (1) PROCLAMATION AUTHORITY.—The Presi- rial was obtained from, a country that is not Agreement enters into force. In the case of dent may proclaim— a party to the Agreement; and any implementing action that takes effect (A) such modifications or continuation of (C) for which a claim for preferential tariff on a date after the date on which the Agree- any duty, treatment under the Agreement has been ment enters into force, initial regulations to (B) such continuation of duty-free or excise made. carry out that action shall, to the maximum treatment, or (b) ADDITIONAL DUTIES ON SAFEGUARD extent feasible, be issued within 1 year after (C) such additional duties, GOODS.— such effective date. as the President determines to be necessary (1) IN GENERAL.—In addition to any duty SEC. 104. CONSULTATION AND LAYOVER PROVI- or appropriate to carry out or apply articles proclaimed under subsection (a) or (b) of sec- SIONS FOR, AND EFFECTIVE DATE 2.3, 2.5, 2.6, 3.3.13, and Annex 2.3 of the Agree- tion 201, the Secretary of the Treasury shall OF, PROCLAIMED ACTIONS. ment. assess a duty, in the amount determined If a provision of this Act provides that the (2) EFFECT ON GSP STATUS.—Notwith- under paragraph (2), on a safeguard good im- implementation of an action by the Presi- standing section 502(a)(1) of the Trade Act of ported into the United States in a calendar dent by proclamation is subject to the con- 1974 (19 U.S.C. 2462(a)(1)), the President shall, year if the Secretary determines that, prior sultation and layover requirements of this on the date on which the Agreement enters to such importation, the total volume of section, such action may be proclaimed only into force, terminate the designation of Co- that safeguard good that is imported into if— lombia as a beneficiary developing country the United States in that calendar year ex- (1) the President has obtained advice re- for purposes of title V of the Trade Act of ceeds 140 percent of the volume that is pro- garding the proposed action from— 1974 (19 U.S.C. 2461 et seq.). vided for that safeguard good in the cor- (A) the appropriate advisory committees (b) OTHER TARIFF MODIFICATIONS.—Subject responding year in the applicable table con- established under section 135 of the Trade to the consultation and layover provisions of tained in Appendix I of the General Notes to Act of 1974 (19 U.S.C. 2155); and section 104, the President may proclaim— the Schedule of the United States to Annex

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2.3 of the Agreement. For purposes of this referred to in Annex 4.1 of the Agreement, (ii) CATEGORIES.—A category is described subsection, year 1 in that table corresponds except for goods to which paragraph (4) ap- in this clause if it— to the calendar year in which the Agreement plies, shall be calculated by the importer, ex- (I) is the same model line of motor vehi- enters into force. porter, or producer of the good, on the basis cles, is in the same class of motor vehicles, (2) CALCULATION OF ADDITIONAL DUTY.—The of the build-down method described in para- and is produced in the same plant in the ter- additional duty on a safeguard good under graph (2) or the build-up method described in ritory of Colombia or the United States, as this subsection shall be— paragraph (3). the good described in clause (i) for which re- (A) in years 1 through 4, an amount equal (2) BUILD-DOWN METHOD.— gional value-content is being calculated; to 100 percent of the excess of the applicable (A) IN GENERAL.—The regional value-con- (II) is the same class of motor vehicles, and NTR (MFN) rate of duty over the schedule tent of a good may be calculated on the basis is produced in the same plant in the terri- rate of duty; of the following build-down method: tory of Colombia or the United States, as the (B) in years 5 through 7, an amount equal AV–VNM good described in clause (i) for which re- to 75 percent of the excess of the applicable RVC = —————— 100 AV gional value-content is being calculated; or NTR (MFN) rate of duty over the schedule (III) is the same model line of motor vehi- (B) DEFINITIONS.—In subparagraph (A): rate of duty; and cles produced in the territory of Colombia or (i) AV.—The term ‘‘AV’’ means the ad- (C) in years 8 through 9, an amount equal the United States as the good described in justed value of the good. to 50 percent of the excess of the applicable clause (i) for which regional value-content is NTR (MFN) rate of duty over the schedule (ii) RVC.—The term ‘‘RVC’’ means the re- being calculated. rate of duty. gional value-content of the good, expressed (D) OTHER AUTOMOTIVE GOODS.—For pur- (3) NOTICE.—Not later than 60 days after as a percentage. poses of determining the regional value-con- the Secretary of the Treasury first assesses (iii) VNM.—The term ‘‘VNM’’ means the tent under subparagraph (A) for automotive an additional duty in a calendar year on a value of nonoriginating materials that are materials provided for in any of subheadings good under this subsection, the Secretary acquired and used by the producer in the pro- shall notify the Government of Colombia in duction of the good, but does not include the 8407.31 through 8407.34, in subheading 8408.20, writing of such action and shall provide to value of a material that is self-produced. or in heading 8409, 8706, 8707, or 8708, that are that Government data supporting the assess- (3) BUILD-UP METHOD.— produced in the same plant, an importer, ex- ment of the additional duty. (A) IN GENERAL.—The regional value-con- porter, or producer may— (c) EXCEPTIONS.—No additional duty shall tent of a good may be calculated on the basis (i) average the amounts calculated under be assessed on a good under subsection (b) if, of the following build-up method: the formula contained in subparagraph (A) over— at the time of entry, the good is subject to VOM import relief under— RVC = ———— 100 (I) the fiscal year of the motor vehicle pro- (1) subtitle A of title III of this Act; or AV ducer to whom the automotive goods are (2) chapter 1 of title II of the Trade Act of (B) DEFINITIONS.—In subparagraph (A): sold, 1974 (19 U.S.C. 2251 et seq.). (i) AV.—The term ‘‘AV’’ means the ad- (II) any quarter or month, or (d) TERMINATION.—The assessment of an justed value of the good. (III) the fiscal year of the producer of such additional duty on a good under subsection (ii) RVC.—The term ‘‘RVC’’ means the re- goods, (b) shall cease to apply to that good on the gional value-content of the good, expressed if the goods were produced during the fiscal date on which duty-free treatment must be as a percentage. year, quarter, or month that is the basis for provided to that good under the Schedule of (iii) VOM.—The term ‘‘VOM’’ means the the calculation; the United States to Annex 2.3 of the Agree- value of originating materials that are ac- (ii) determine the average referred to in ment. quired or self-produced, and used by the pro- clause (i) separately for such goods sold to 1 SEC. 203. RULES OF ORIGIN. ducer in the production of the good. or more motor vehicle producers; or (a) APPLICATION AND INTERPRETATION.—In (4) SPECIAL RULE FOR CERTAIN AUTOMOTIVE (iii) make a separate determination under this section: GOODS.— clause (i) or (ii) for such goods that are ex- (1) TARIFF CLASSIFICATION.—The basis for (A) IN GENERAL.—For purposes of sub- ported to the territory of Colombia or the any tariff classification is the HTS. section (b)(2), the regional value-content of United States. (2) REFERENCE TO HTS.—Whenever in this an automotive good referred to in Annex 4.1 (E) CALCULATING NET COST.—The importer, section there is a reference to a chapter, of the Agreement shall be calculated by the heading, or subheading, such reference shall exporter, or producer of an automotive good importer, exporter, or producer of the good, be a reference to a chapter, heading, or sub- shall, consistent with the provisions regard- on the basis of the following net cost meth- heading of the HTS. ing allocation of costs provided for in gen- od: (3) COST OR VALUE.—Any cost or value re- erally accepted accounting principles, deter- ferred to in this section shall be recorded and NC–VNM mine the net cost of the automotive good RVC = ————— 100 under subparagraph (B) by— maintained in accordance with the generally NC accepted accounting principles applicable in (i) calculating the total cost incurred with the territory of the country in which the (B) DEFINITIONS.—In subparagraph (A): respect to all goods produced by the producer good is produced (whether Colombia or the (i) AUTOMOTIVE GOOD.—The term ‘‘auto- of the automotive good, subtracting any United States). motive good’’ means a good provided for in sales promotion, marketing, and after-sales (b) ORIGINATING GOODS.—For purposes of any of subheadings 8407.31 through 8407.34, service costs, royalties, shipping and packing this Act and for purposes of implementing subheading 8408.20, heading 8409, or any of costs, and nonallowable interest costs that the preferential tariff treatment provided for headings 8701 through 8708. are included in the total cost of all such under the Agreement, except as otherwise (ii) RVC.—The term ‘‘RVC’’ means the re- goods, and then reasonably allocating the re- provided in this section, a good is an origi- gional value-content of the automotive good, sulting net cost of those goods to the auto- nating good if— expressed as a percentage. motive good; (1) the good is a good wholly obtained or (iii) NC.—The term ‘‘NC’’ means the net (ii) calculating the total cost incurred with produced entirely in the territory of Colom- cost of the automotive good. respect to all goods produced by that pro- bia, the United States, or both; (iv) VNM.—The term ‘‘VNM’’ means the ducer, reasonably allocating the total cost to (2) the good— value of nonoriginating materials that are the automotive good, and then subtracting (A) is produced entirely in the territory of acquired and used by the producer in the pro- any sales promotion, marketing, and after- Colombia, the United States, or both, and— duction of the automotive good, but does not sales service costs, royalties, shipping and (i) each of the nonoriginating materials include the value of a material that is self- packing costs, and nonallowable interest used in the production of the good undergoes produced. costs that are included in the portion of the an applicable change in tariff classification (C) MOTOR VEHICLES.— total cost allocated to the automotive good; (i) BASIS OF CALCULATION.—For purposes of specified in Annex 3–A or Annex 4.1 of the or determining the regional value-content Agreement; or (iii) reasonably allocating each cost that under subparagraph (A) for an automotive (ii) the good otherwise satisfies any appli- forms part of the total cost incurred with re- good that is a motor vehicle provided for in cable regional value-content or other re- spect to the automotive good so that the ag- any of headings 8701 through 8705, an im- quirements specified in Annex 3–A or Annex gregate of these costs does not include any porter, exporter, or producer may average 4.1 of the Agreement; and sales promotion, marketing, and after-sales the amounts calculated under the formula (B) satisfies all other applicable require- service costs, royalties, shipping and packing contained in subparagraph (A), over the pro- ments of this section; or costs, or nonallowable interest costs. (3) the good is produced entirely in the ter- ducer’s fiscal year— ritory of Colombia, the United States, or (I) with respect to all motor vehicles in (d) VALUE OF MATERIALS.— both, exclusively from materials described in any one of the categories described in clause (1) IN GENERAL.—For the purpose of calcu- paragraph (1) or (2). (ii); or lating the regional value-content of a good (c) REGIONAL VALUE-CONTENT.— (II) with respect to all motor vehicles in under subsection (c), and for purposes of ap- (1) IN GENERAL.—For purposes of subsection any such category that are exported to the plying the de minimis rules under subsection (b)(2), the regional value-content of a good territory of the United States or Colombia. (f), the value of a material is—

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(A) in the case of a material that is im- (f) DE MINIMIS AMOUNTS OF NONORIGINATING (I) A nonoriginating material that is a tex- ported by the producer of the good, the ad- MATERIALS.— tile or apparel good. justed value of the material; (1) IN GENERAL.—Except as provided in (3) TEXTILE OR APPAREL GOODS.— (B) in the case of a material acquired in paragraphs (2) and (3), a good that does not (A) IN GENERAL.—Except as provided in the territory in which the good is produced, undergo a change in tariff classification pur- subparagraph (B), a textile or apparel good the value, determined in accordance with Ar- suant to Annex 4.1 of the Agreement is an that is not an originating good because cer- ticles 1 through 8, Article 15, and the cor- originating good if— tain fibers or yarns used in the production of responding interpretive notes, of the Agree- (A)(i) the value of all nonoriginating mate- the component of the good that determines ment on Implementation of Article VII of rials that— the tariff classification of the good do not the General Agreement on Tariffs and Trade (I) are used in the production of the good, undergo an applicable change in tariff classi- 1994 referred to in section 101(d)(8) of the and fication, set forth in Annex 3–A of the Agree- Uruguay Round Agreements Act (19 U.S.C. (II) do not undergo the applicable change ment, shall be considered to be an origi- 3511(d)(8)), as set forth in regulations pro- in tariff classification (set forth in Annex 4.1 nating good if— mulgated by the Secretary of the Treasury of the Agreement), (i) the total weight of all such fibers or providing for the application of such Articles does not exceed 10 percent of the adjusted yarns in that component is not more than 10 in the absence of an importation by the pro- value of the good; percent of the total weight of that compo- ducer; or (ii) the good meets all other applicable re- nent; or (C) in the case of a material that is self- quirements of this section; and (ii) the yarns are those described in section produced, the sum of— (iii) the value of such nonoriginating mate- 204(b)(3)(B)(vi)(IV) of the Andean Trade Pref- (i) all expenses incurred in the production rials is included in the value of nonorigi- erence Act (19 U.S.C. 3203(b)(3)(B)(vi)(IV)) (as of the material, including general expenses; nating materials for any applicable regional in effect on the date of the enactment of this and value-content requirement for the good; or Act). (ii) an amount for profit equivalent to the (B) the good meets the requirements set (B) CERTAIN TEXTILE OR APPAREL GOODS.—A profit added in the normal course of trade. forth in paragraph 2 of Annex 4.6 of the textile or apparel good containing elas- (2) FURTHER ADJUSTMENTS TO THE VALUE OF Agreement. tomeric yarns in the component of the good MATERIALS.— (2) EXCEPTIONS.—Paragraph (1) does not (A) ORIGINATING MATERIAL.—The following that determines the tariff classification of apply to the following: the good shall be considered to be an origi- expenses, if not included in the value of an (A) A nonoriginating material provided for nating good only if such yarns are wholly originating material calculated under para- in chapter 4, or a nonoriginating dairy prepa- formed in the territory of Colombia, the graph (1), may be added to the value of the ration containing over 10 percent by weight United States, or both. originating material: of milk solids provided for in subheading (C) YARN, FABRIC, OR FIBER.—For purposes (i) The costs of freight, insurance, packing, 1901.90 or 2106.90, that is used in the produc- of this paragraph, in the case of a good that and all other costs incurred in transporting tion of a good provided for in chapter 4. the material within or between the territory (B) A nonoriginating material provided for is a yarn, fabric, or fiber, the term ‘‘compo- of Colombia, the United States, or both, to in chapter 4, or a nonoriginating dairy prepa- nent of the good that determines the tariff the location of the producer. ration containing over 10 percent by weight classification of the good’’ means all of the (ii) Duties, taxes, and customs brokerage of milk solids provided for in subheading fibers in the good. fees on the material paid in the territory of 1901.90, that is used in the production of any (g) FUNGIBLE GOODS AND MATERIALS.— Colombia, the United States, or both, other of the following goods: (1) IN GENERAL.— than duties or taxes that are waived, re- (i) Infant preparations containing over 10 (A) CLAIM FOR PREFERENTIAL TARIFF TREAT- funded, refundable, or otherwise recoverable, percent by weight of milk solids provided for MENT.—A person claiming that a fungible including credit against duty or tax paid or in subheading 1901.10. good or fungible material is an originating payable. (ii) Mixes and doughs, containing over 25 good may base the claim either on the phys- (iii) The cost of waste and spoilage result- percent by weight of butterfat, not put up for ical segregation of the fungible good or fun- ing from the use of the material in the pro- retail sale, provided for in subheading gible material or by using an inventory man- duction of the good, less the value of renew- 1901.20. agement method with respect to the fungible able scrap or byproducts. (iii) Dairy preparations containing over 10 good or fungible material. (B) NONORIGINATING MATERIAL.—The fol- percent by weight of milk solids provided for (B) INVENTORY MANAGEMENT METHOD.—In lowing expenses, if included in the value of a in subheading 1901.90 or 2106.90. this subsection, the term ‘‘inventory man- nonoriginating material calculated under (iv) Goods provided for in heading 2105. agement method’’ means— paragraph (1), may be deducted from the (v) Beverages containing milk provided for (i) averaging; value of the nonoriginating material: in subheading 2202.90. (ii) ‘‘last-in, first-out’’; (i) The costs of freight, insurance, packing, (vi) Animal feeds containing over 10 per- (iii) ‘‘first-in, first-out’’; or and all other costs incurred in transporting cent by weight of milk solids provided for in (iv) any other method— the material within or between the territory subheading 2309.90. (I) recognized in the generally accepted ac- of Colombia, the United States, or both, to (C) A nonoriginating material provided for counting principles of the country in which the location of the producer. in heading 0805, or any of subheadings 2009.11 the production is performed (whether Colom- (ii) Duties, taxes, and customs brokerage through 2009.39, that is used in the produc- bia or the United States); or fees on the material paid in the territory of tion of a good provided for in any of sub- (II) otherwise accepted by that country. Colombia, the United States, or both, other headings 2009.11 through 2009.39, or in fruit or (2) ELECTION OF INVENTORY METHOD.—A per- than duties or taxes that are waived, re- vegetable juice of any single fruit or vege- son selecting an inventory management funded, refundable, or otherwise recoverable, table, fortified with minerals or vitamins, method under paragraph (1) for a particular including credit against duty or tax paid or concentrated or unconcentrated, provided for fungible good or fungible material shall con- payable. in subheading 2106.90 or 2202.90. tinue to use that method for that fungible (iii) The cost of waste and spoilage result- (D) A nonoriginating material provided for good or fungible material throughout the fis- ing from the use of the material in the pro- in heading 0901 or 2101 that is used in the cal year of such person. duction of the good, less the value of renew- production of a good provided for in heading able scrap or byproducts. 0901 or 2101. (h) ACCESSORIES, SPARE PARTS, OR TOOLS.— (iv) The cost of originating materials used (E) A nonoriginating material provided for (1) IN GENERAL.—Subject to paragraphs (2) in the production of the nonoriginating ma- in chapter 15 that is used in the production and (3), accessories, spare parts, or tools de- terial in the territory of Colombia, the of a good provided for in any of headings 1501 livered with a good that form part of the United States, or both. through 1508, or any of headings 1511 through good’s standard accessories, spare parts, or (e) ACCUMULATION.— 1515. tools shall— (1) ORIGINATING MATERIALS USED IN PRODUC- (F) A nonoriginating material provided for (A) be treated as originating goods if the TION OF GOODS OF ANOTHER COUNTRY.—Origi- in heading 1701 that is used in the production good is an originating good; and nating materials from the territory of Co- of a good provided for in any of headings 1701 (B) be disregarded in determining whether lombia or the United States that are used in through 1703. all the nonoriginating materials used in the the production of a good in the territory of (G) A nonoriginating material provided for production of the good undergo the applica- the other country shall be considered to in chapter 17 that is used in the production ble change in tariff classification set forth in originate in the territory of such other coun- of a good provided for in subheading 1806.10. Annex 4.1 of the Agreement. try. (H) Except as provided in subparagraphs (2) CONDITIONS.—Paragraph (1) shall apply (2) MULTIPLE PRODUCERS.—A good that is (A) through (G) and Annex 4.1 of the Agree- only if— produced in the territory of Colombia, the ment, a nonoriginating material used in the (A) the accessories, spare parts, or tools United States, or both, by 1 or more pro- production of a good provided for in any of are classified with and not invoiced sepa- ducers, is an originating good if the good sat- chapters 1 through 24, unless the nonorigi- rately from the good, regardless of whether isfies the requirements of subsection (b) and nating material is provided for in a different such accessories, spare parts, or tools are all other applicable requirements of this sec- subheading than the good for which origin is specified or are separately identified in the tion. being determined under this section. invoice for the good; and

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(ii) used goods collected in the territory of count as originating or nonoriginating mate- (C) Motor vehicles for the transport of 15 Colombia, the United States, or both, if such rials, as the case may be, in calculating the or fewer persons provided for in subheading goods are fit only for the recovery of raw regional value-content of the good. 8702.10 or 8702.90, or motor vehicles provided materials. (i) PACKAGING MATERIALS AND CONTAINERS for in subheading 8704.21 or 8704.31. (K) Recovered goods derived in the terri- FOR RETAIL SALE.—Packaging materials and (D) Motor vehicles provided for in any of tory of Colombia, the United States, or both, containers in which a good is packaged for subheadings 8703.21 through 8703.90. from used goods, and used in the territory of retail sale, if classified with the good, shall (3) FUNGIBLE GOOD OR FUNGIBLE MATE- Colombia, the United States, or both, in the be disregarded in determining whether all RIAL.—The term ‘‘fungible good’’ or ‘‘fun- production of remanufactured goods. the nonoriginating materials used in the pro- gible material’’ means a good or material, as (L) Goods, at any stage of production, pro- duction of the good undergo the applicable the case may be, that is interchangeable duced in the territory of Colombia, the change in tariff classification set forth in with another good or material for commer- United States, or both, exclusively from— Annex 3–A or Annex 4.1 of the Agreement, cial purposes and the properties of which are (i) goods referred to in any of subpara- and, if the good is subject to a regional essentially identical to such other good or graphs (A) through (J); or value-content requirement, the value of such material. (ii) the derivatives of goods referred to in packaging materials and containers shall be (4) GENERALLY ACCEPTED ACCOUNTING PRIN- clause (i). taken into account as originating or non- CIPLES.—The term ‘‘generally accepted ac- (6) IDENTICAL GOODS.—The term ‘‘identical originating materials, as the case may be, in counting principles’’ means the recognized goods’’ means goods that are the same in all calculating the regional value-content of the consensus or substantial authoritative sup- respects relevant to the rule of origin that good. port in the territory of Colombia or the qualifies the goods as originating goods. ACKING ATERIALS AND ONTAINERS (j) P M C United States, as the case may be, with re- (7) INDIRECT MATERIAL.—The term ‘‘indi- FOR SHIPMENT.—Packing materials and con- spect to the recording of revenues, expenses, rect material’’ means a good used in the pro- tainers for shipment shall be disregarded in costs, assets, and liabilities, the disclosure of duction, testing, or inspection of another determining whether a good is an originating information, and the preparation of financial good but not physically incorporated into good. statements. The principles may encompass that other good, or a good used in the main- (k) INDIRECT MATERIALS.—An indirect ma- broad guidelines of general application as tenance of buildings or the operation of terial shall be treated as an originating ma- well as detailed standards, practices, and equipment associated with the production of terial without regard to where it is produced. procedures. another good, including— (l) TRANSIT AND TRANSHIPMENT.—A good that has undergone production necessary to (5) GOOD WHOLLY OBTAINED OR PRODUCED EN- (A) fuel and energy; qualify as an originating good under sub- TIRELY IN THE TERRITORY OF COLOMBIA, THE (B) tools, dies, and molds; section (b) shall not be considered to be an UNITED STATES, OR BOTH.—The term ‘‘good (C) spare parts and materials used in the originating good if, subsequent to that pro- wholly obtained or produced entirely in the maintenance of equipment or buildings; duction, the good— territory of Colombia, the United States, or (D) lubricants, greases, compounding ma- (1) undergoes further production or any both’’ means any of the following: terials, and other materials used in produc- other operation outside the territory of Co- (A) Plants and plant products harvested or tion or used to operate equipment or build- lombia or the United States, other than un- gathered in the territory of Colombia, the ings; loading, reloading, or any other operation United States, or both. (E) gloves, glasses, footwear, clothing, necessary to preserve the good in good condi- (B) Live animals born and raised in the ter- safety equipment, and supplies; tion or to transport the good to the territory ritory of Colombia, the United States, or (F) equipment, devices, and supplies used of Colombia or the United States; or both. for testing or inspecting the good; (2) does not remain under the control of (C) Goods obtained in the territory of Co- (G) catalysts and solvents; and customs authorities in the territory of a lombia, the United States, or both from live (H) any other goods that are not incor- country other than Colombia or the United animals. porated into the other good but the use of States. (D) Goods obtained from hunting, trapping, which in the production of the other good (m) GOODS CLASSIFIABLE AS GOODS PUT UP fishing, or aquaculture conducted in the ter- can reasonably be demonstrated to be a part IN SETS.—Notwithstanding the rules set ritory of Colombia, the United States, or of that production. forth in Annex 3–A and Annex 4.1 of the both. (8) MATERIAL.—The term ‘‘material’’ Agreement, goods classifiable as goods put (E) Minerals and other natural resources means a good that is used in the production up in sets for retail sale as provided for in not included in subparagraphs (A) through of another good, including a part or an ingre- General Rule of Interpretation 3 of the HTS (D) that are extracted or taken from the ter- dient. shall not be considered to be originating ritory of Colombia, the United States, or (9) MATERIAL THAT IS SELF-PRODUCED.—The goods unless— both. term ‘‘material that is self-produced’’ means (1) each of the goods in the set is an origi- (F) Fish, shellfish, and other marine life an originating material that is produced by nating good; or taken from the sea, seabed, or subsoil out- a producer of a good and used in the produc- (2) the total value of the nonoriginating side the territory of Colombia or the United tion of that good. goods in the set does not exceed— States by— (10) MODEL LINE OF MOTOR VEHICLES.—The (A) in the case of textile or apparel goods, (i) a vessel that is registered or recorded term ‘‘model line of motor vehicles’’ means a 10 percent of the adjusted value of the set; or with Colombia and flying the flag of Colom- group of motor vehicles having the same (B) in the case of a good, other than a tex- bia; or platform or model name. tile or apparel good, 15 percent of the ad- (ii) a vessel that is documented under the (11) NET COST.—The term ‘‘net cost’’ means justed value of the set. laws of the United States. total cost minus sales promotion, mar- (n) DEFINITIONS.—In this section: (G) Goods produced on board a factory ship keting, and after-sales service costs, royal- (1) ADJUSTED VALUE.—The term ‘‘adjusted from goods referred to in subparagraph (F), if ties, shipping and packing costs, and non- value’’ means the value determined in ac- such factory ship— allowable interest costs that are included in cordance with Articles 1 through 8, Article (i) is registered or recorded with Colombia the total cost. 15, and the corresponding interpretive notes, and flies the flag of Colombia; or (12) NONALLOWABLE INTEREST COSTS.—The of the Agreement on Implementation of Arti- (ii) is a vessel that is documented under term ‘‘nonallowable interest costs’’ means cle VII of the General Agreement on Tariffs the laws of the United States. interest costs incurred by a producer that and Trade 1994 referred to in section 101(d)(8) (H)(i) Goods taken by Colombia or a person exceed 700 basis points above the applicable of the Uruguay Round Agreements Act (19 of Colombia from the seabed or subsoil out- official interest rate for comparable matu- U.S.C. 3511(d)(8)), adjusted, if necessary, to side the territorial waters of Colombia, if Co- rities of the country in which the producer is exclude any costs, charges, or expenses in- lombia has rights to exploit such seabed or located. curred for transportation, insurance, and re- subsoil. (13) NONORIGINATING GOOD OR NONORIGI- lated services incident to the international (ii) Goods taken by the United States or a NATING MATERIAL.—The terms ‘‘nonorigi- shipment of the merchandise from the coun- person of the United States from the seabed nating good’’ and ‘‘nonoriginating material’’ try of exportation to the place of importa- or subsoil outside the territorial waters of mean a good or material, as the case may be, tion. the United States, if the United States has that does not qualify as originating under (2) CLASS OF MOTOR VEHICLES.—The term rights to exploit such seabed or subsoil. this section. ‘‘class of motor vehicles’’ means any one of (I) Goods taken from outer space, if the (14) PACKING MATERIALS AND CONTAINERS the following categories of motor vehicles: goods are obtained by Colombia or the FOR SHIPMENT.—The term ‘‘packing mate- (A) Motor vehicles provided for in sub- United States or a person of Colombia or the rials and containers for shipment’’ means heading 8701.20, 8704.10, 8704.22, 8704.23, United States and not processed in the terri- goods used to protect another good during

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its transportation and does not include the (3) MODIFICATIONS.— if the President determines that the fabric, packaging materials and containers in which (A) IN GENERAL.—Subject to the consulta- yarn, or fiber is not available in commercial the other good is packaged for retail sale. tion and layover provisions of section 104, quantities in a timely manner in Colombia (15) PREFERENTIAL TARIFF TREATMENT.— the President may proclaim modifications to and the United States. The term ‘‘preferential tariff treatment’’ the provisions proclaimed under the author- (D) DEEMED APPROVAL OF REQUEST.—If, means the customs duty rate, and the treat- ity of paragraph (1)(A), other than provisions after an interested entity submits a request ment under article 2.10.4 of the Agreement, of chapters 50 through 63 (as included in under subparagraph (C)(i), the President does that is applicable to an originating good pur- Annex 3-A of the Agreement). not, within the applicable time period speci- suant to the Agreement. (B) ADDITIONAL PROCLAMATIONS.—Notwith- fied in subparagraph (C)(iv), make a deter- (16) PRODUCER.—The term ‘‘producer’’ standing subparagraph (A), and subject to mination under subparagraph (C)(ii) regard- means a person who engages in the produc- the consultation and layover provisions of ing the request, the fabric, yarn, or fiber tion of a good in the territory of Colombia or section 104, the President may proclaim be- that is the subject of the request shall be the United States. fore the end of the 1-year period beginning considered to be added, in an unrestricted (17) PRODUCTION.—The term ‘‘production’’ on the date of the enactment of this Act, quantity, to the list in Annex 3-B of the means growing, mining, harvesting, fishing, modifications to correct any typographical, Agreement beginning— raising, trapping, hunting, manufacturing, clerical, or other nonsubstantive technical (i) 45 days after the date on which the re- processing, assembling, or disassembling a error regarding the provisions of chapters 50 quest was submitted; or good. through 63 (as included in Annex 3-A of the (ii) 60 days after the date on which the re- (18) REASONABLY ALLOCATE.—The term Agreement). quest was submitted, if the President made a ‘‘reasonably allocate’’ means to apportion in (4) FABRICS, YARNS, OR FIBERS NOT AVAIL- determination under subparagraph a manner that would be appropriate under ABLE IN COMMERCIAL QUANTITIES IN COLOMBIA (C)(iv)(II). generally accepted accounting principles. AND THE UNITED STATES.— (E) REQUESTS TO RESTRICT OR REMOVE FAB- (19) RECOVERED GOODS.—The term ‘‘recov- (A) IN GENERAL.—Notwithstanding para- RICS, YARNS, OR FIBERS.—(i) Subject to clause ered goods’’ means materials in the form of graph (3)(A), the list of fabrics, yarns, and fi- (ii), an interested entity may request the individual parts that are the result of— bers set forth in Annex 3-B of the Agreement President to restrict the quantity of, or re- (A) the disassembly of used goods into indi- may be modified as provided for in this para- move from the list in Annex 3-B of the vidual parts; and graph. Agreement, any fabric, yarn, or fiber— (B) the cleaning, inspecting, testing, or (B) DEFINITIONS.—In this paragraph: (I) that has been added to that list in an other processing that is necessary for im- (i) The term ‘‘interested entity’’ means the unrestricted quantity pursuant to paragraph provement to sound working condition of Government of Colombia, a potential or ac- (2) or subparagraph (C)(iii) or (D) of this such individual parts. tual purchaser of a textile or apparel good, paragraph; or (20) REMANUFACTURED GOOD.—The term or a potential or actual supplier of a textile (II) with respect to which the President ‘‘remanufactured good’’ means an industrial or apparel good. has eliminated a restriction under subpara- good assembled in the territory of Colombia (ii) All references to ‘‘day’’ and ‘‘days’’ ex- graph (C)(vi). or the United States, or both, that is classi- clude Saturdays, Sundays, and legal holidays (ii) An interested entity may submit a re- fied under chapter 84, 85, 87, or 90 or heading observed by the Government of the United quest under clause (i) at any time beginning 9402, other than a good classified under head- States. 6 months after the date of the action de- ing 8418 or 8516, and that— (C) REQUESTS TO ADD FABRICS, YARNS, OR FI- scribed in subclause (I) or (II) of that clause. (A) is entirely or partially comprised of re- BERS.—(i) An interested entity may request (iii) Not later than 30 days after the date covered goods; and the President to determine that a fabric, on which a request under clause (i) is sub- (B) has a similar life expectancy and en- yarn, or fiber is not available in commercial mitted, the President may proclaim an ac- joys a factory warranty similar to such a quantities in a timely manner in Colombia tion provided for under clause (i) if the Presi- good that is new. and the United States and to add that fabric, dent determines that the fabric, yarn, or (21) TOTAL COST.— yarn, or fiber to the list in Annex 3-B of the fiber that is the subject of the request is (A) IN GENERAL.—The term ‘‘total cost’’— Agreement in a restricted or unrestricted available in commercial quantities in a (i) means all product costs, period costs, quantity. timely manner in Colombia or the United and other costs for a good incurred in the (ii) After receiving a request under clause States. territory of Colombia, the United States, or (i), the President may determine whether— (iv) A proclamation under clause (iii) shall both; and (I) the fabric, yarn, or fiber is available in take effect no earlier than the date that is 6 (ii) does not include profits that are earned commercial quantities in a timely manner in months after the date on which the text of by the producer, regardless of whether they Colombia or the United States; or the proclamation is published in the Federal are retained by the producer or paid out to (II) any interested entity objects to the re- Register. other persons as dividends, or taxes paid on quest. (F) PROCEDURES.—The President shall es- those profits, including capital gains taxes. (iii) The President may, within the time tablish procedures— (B) OTHER DEFINITIONS.—In this paragraph: periods specified in clause (iv), proclaim that (i) governing the submission of a request (i) PRODUCT COSTS.—The term ‘‘product the fabric, yarn, or fiber that is the subject under subparagraphs (C) and (E); and of the request is added to the list in Annex costs’’ means costs that are associated with (ii) providing an opportunity for interested 3-B of the Agreement in an unrestricted the production of a good and include the entities to submit comments and supporting quantity, or in any restricted quantity that value of materials, direct labor costs, and di- evidence before the President makes a deter- the President may establish, if the President rect overhead. mination under subparagraph (C) (ii) or (vi) has determined under clause (ii) that— (ii) PERIOD COSTS.—The term ‘‘period or (E)(iii). costs’’ means costs, other than product (I) the fabric, yarn, or fiber is not available SEC. 204. CUSTOMS USER FEES. costs, that are expensed in the period in in commercial quantities in a timely manner (a) IN GENERAL.—Section 13031(b) of the in Colombia and the United States; or which they are incurred, such as selling ex- Consolidated Omnibus Budget Reconciliation (II) no interested entity has objected to the penses and general and administrative ex- Act of 1985 (19 U.S.C. 58c(b)) is amended by request. penses. adding after paragraph (18), the following: (iv) The time periods within which the (iii) OTHER COSTS.—The term ‘‘other costs’’ ‘‘(19) No fee may be charged under sub- President may issue a proclamation under means all costs recorded on the books of the section (a)(9) or (10) with respect to goods clause (iii) are— producer that are not product costs or period that qualify as originating goods under sec- (I) not later than 30 days after the date on costs, such as interest. tion 203 of the United States-Colombia Trade which a request is submitted under clause (22) USED.—The term ‘‘used’’ means uti- Promotion Agreement Implementation Act. (i); or lized or consumed in the production of goods. Any service for which an exemption from (o) PRESIDENTIAL PROCLAMATION AUTHOR- (II) not later than 44 days after the request such fee is provided by reason of this para- ITY.— is submitted, if the President determines, graph may not be funded with money con- (1) IN GENERAL.—The President is author- within 30 days after the date on which the re- tained in the Customs User Fee Account.’’. ized to proclaim, as part of the HTS— quest is submitted, that the President does (b) EFFECTIVE DATE.—The amendment (A) the provisions set forth in Annex 3-A not have sufficient information to make a made by subsection (a) shall take effect on and Annex 4.1 of the Agreement; and determination under clause (ii). October 1, 2013. (B) any additional subordinate category (v) Notwithstanding section 103(a)(2), a (c) REFUND.—Any fee described in para- that is necessary to carry out this title con- proclamation made under clause (iii) shall graph (19) of section 13031(b) of the Consoli- sistent with the Agreement. take effect on the date on which the text of dated Omnibus Budget Reconciliation Act of (2) FABRICS AND YARNS NOT AVAILABLE IN the proclamation is published in the Federal 1985 (19 U.S.C. 58c(b)) (as added by subsection COMMERCIAL QUANTITIES IN THE UNITED Register. (a)) that is paid on or after the date that the STATES.—The President is authorized to pro- (vi) Not later than 6 months after pro- United States-Colombia Trade Promotion claim that a fabric or yarn is added to the claiming under clause (iii) that a fabric, Agreement enters into force and before Octo- list in Annex 3-B of the Agreement in an un- yarn, or fiber is added to the list in Annex 3- ber 1, 2013, shall be refunded with interest if restricted quantity, as provided in article B of the Agreement in a restricted quantity, application for such refund is made on or 3.3.5(e) of the Agreement. the President may eliminate the restriction after October 1, 2013, and before July 1, 2014.

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — SENATE S2751 SEC. 205. DISCLOSURE OF INCORRECT INFORMA- representations of that person are in con- is accurate. TION; FALSE CERTIFICATIONS OF formity with such section 203.’’. (b) APPROPRIATE ACTION DESCRIBED.—Ap- ORIGIN; DENIAL OF PREFERENTIAL SEC. 206. RELIQUIDATION OF ENTRIES. propriate action under subsection (a)(1) in- TARIFF TREATMENT. Subsection (d) of section 520 of the Tariff cludes— (a) DISCLOSURE OF INCORRECT INFORMA- Act of 1930 (19 U.S.C. 1520(d)) is amended in (1) suspension of preferential tariff treat- TION.—Section 592 of the Tariff Act of 1930 (19 ment under the Agreement with respect to— U.S.C. 1592) is amended— the matter preceding paragraph (1)— (1) by striking ‘‘or’’; and (A) any textile or apparel good exported or (1) in subsection (c)— produced by the person that is the subject of (A) by redesignating paragraph (11) as (2) by striking ‘‘for which’’ and inserting ‘‘, or section 203 of the United States-Colombia a verification under subsection (a)(1) regard- paragraph (12); and ing compliance described in subsection (B) by inserting after paragraph (10) the Trade Promotion Agreement Implementa- tion Act for which’’. (a)(2)(A), if the Secretary determines that following new paragraph: there is insufficient information to support SEC. 207. RECORDKEEPING REQUIREMENTS. ‘‘(11) PRIOR DISCLOSURE REGARDING CLAIMS any claim for preferential tariff treatment Section 508 of the Tariff Act of 1930 (19 UNDER THE UNITED STATES-COLOMBIA TRADE that has been made with respect to any such U.S.C. 1508) is amended— PROMOTION AGREEMENT.—An importer shall good; or not be subject to penalties under subsection (1) by redesignating subsection (i) as sub- (B) the textile or apparel good for which a (a) for making an incorrect claim that a section (j); claim of preferential tariff treatment has good qualifies as an originating good under (2) by inserting after subsection (h) the fol- been made that is the subject of a section 203 of the United States- Colombia lowing new subsection: verification under subsection (a)(1) regarding ‘‘(i) CERTIFICATIONS OF ORIGIN FOR GOODS Trade Promotion Agreement Implementa- a claim described in subsection (a)(2)(B), if EXPORTED UNDER THE UNITED STATES-COLOM- tion Act if the importer, in accordance with the Secretary determines that there is insuf- BIA TRADE PROMOTION AGREEMENT.— regulations issued by the Secretary of the ficient information to support that claim; ‘‘(1) DEFINITIONS.—In this subsection: Treasury, promptly and voluntarily makes a (2) denial of preferential tariff treatment ‘‘(A) RECORDS AND SUPPORTING DOCU- corrected declaration and pays any duties under the Agreement with respect to— MENTS.—The term ‘records and supporting owing with respect to that good.’’; and (A) any textile or apparel good exported or documents’ means, with respect to an ex- (2) by adding at the end the following new produced by the person that is the subject of ported good under paragraph (2), records and subsection: a verification under subsection (a)(1) regard- documents related to the origin of the good, ‘‘(j) FALSE CERTIFICATIONS OF ORIGIN ing compliance described in subsection including— UNDER THE UNITED STATES-COLOMBIA TRADE (a)(2)(A), if the Secretary determines that ‘‘(i) the purchase, cost, and value of, and PROMOTION AGREEMENT.— the person has provided incorrect informa- payment for, the good; ‘‘(1) IN GENERAL.—Subject to paragraph (2), tion to support any claim for preferential ‘‘(ii) the purchase, cost, and value of, and it is unlawful for any person to certify false- tariff treatment that has been made with re- payment for, all materials, including indi- ly, by fraud, gross negligence, or negligence, spect to any such good; or rect materials, used in the production of the in a CTPA certification of origin (as defined (B) the textile or apparel good for which a good; and in section 508(i)(1)(B) of this Act) that a good claim of preferential tariff treatment has ‘‘(iii) the production of the good in the exported from the United States qualifies as been made that is the subject of a form in which it was exported. an originating good under the rules of origin verification under subsection (a)(1) regarding ‘‘(B) CTPA CERTIFICATION OF ORIGIN.—The provided for in section 203 of the United a claim described in subsection (a)(2)(B), if term ‘CTPA certification of origin’ means States-Colombia Trade Promotion Agree- the Secretary determines that a person has the certification established under article ment Implementation Act. The procedures provided incorrect information to support 4.15 of the United States-Colombia Trade and penalties of this section that apply to a that claim; Promotion Agreement that a good qualifies violation of subsection (a) also apply to a (3) detention of any textile or apparel good as an originating good under such Agree- violation of this subsection. exported or produced by the person that is ment. ‘‘(2) PROMPT AND VOLUNTARY DISCLOSURE OF the subject of a verification under subsection ‘‘(2) EXPORTS TO COLOMBIA.—Any person INCORRECT INFORMATION.—No penalty shall be (a)(1) regarding compliance described in sub- who completes and issues a CTPA certifi- imposed under this subsection if, promptly section (a)(2)(A) or a claim described in sub- cation of origin for a good exported from the after an exporter or producer that issued a section (a)(2)(B), if the Secretary determines United States shall make, keep, and, pursu- CTPA certification of origin has reason to that there is insufficient information to de- ant to rules and regulations promulgated by believe that such certification contains or is termine the country of origin of any such the Secretary of the Treasury, render for ex- based on incorrect information, the exporter good; and amination and inspection all records and or producer voluntarily provides written no- (4) denial of entry into the United States of supporting documents related to the origin tice of such incorrect information to every any textile or apparel good exported or pro- of the good (including the certification or person to whom the certification was issued. duced by the person that is the subject of a copies thereof). ‘‘(3) EXCEPTION.—A person shall not be con- verification under subsection (a)(1) regarding ‘‘(3) RETENTION PERIOD.—The person who sidered to have violated paragraph (1) if— compliance described in subsection (a)(2)(A) issues a CTPA certification of origin shall ‘‘(A) the information was correct at the or a claim described in subsection (a)(2)(B), if keep the records and supporting documents time it was provided in a CTPA certification the Secretary determines that the person relating to that certification of origin for a of origin but was later rendered incorrect has provided incorrect information as to the period of at least 5 years after the date on due to a change in circumstances; and country of origin of any such good. which the certification is issued.’’; and ‘‘(B) the person promptly and voluntarily (c) ACTION ON COMPLETION OF A provides written notice of the change in cir- (3) in subsection (j), as so redesignated by VERIFICATION.—On completion of a cumstances to all persons to whom the per- striking ‘‘(f), (g), or (h)’’ and inserting ‘‘(f), verification under subsection (a), the Presi- son provided the certification.’’. (g), (h), or (i)’’. dent may direct the Secretary to take appro- (b) DENIAL OF PREFERENTIAL TARIFF SEC. 208. ENFORCEMENT RELATING TO TRADE IN priate action described in subsection (d) TREATMENT.—Section 514 of the Tariff Act of TEXTILE OR APPAREL GOODS. until such time as the Secretary receives in- 1930 (19 U.S.C. 1514) is amended by adding at (a) ACTION DURING VERIFICATION.— formation sufficient to make the determina- the end the following new subsection: (1) IN GENERAL.—If the Secretary of the tion under subsection (a)(2) or until such ear- ‘‘(j) DENIAL OF PREFERENTIAL TARIFF Treasury requests the Government of Colom- lier date as the President may direct. TREATMENT UNDER THE UNITED STATES-CO- bia to conduct a verification pursuant to ar- (d) APPROPRIATE ACTION DESCRIBED.—Ap- LOMBIA TRADE PROMOTION AGREEMENT.—If ticle 3.2 of the Agreement for purposes of propriate action under subsection (c) in- U.S. Customs and Border Protection or U.S. making a determination under paragraph (2), cludes— Immigration and Customs Enforcement of the President may direct the Secretary to (1) denial of preferential tariff treatment the Department of Homeland Security finds take appropriate action described in sub- under the Agreement with respect to— indications of a pattern of conduct by an im- section (b) while the verification is being (A) any textile or apparel good exported or porter, exporter, or producer of false or un- conducted. produced by the person that is the subject of supported representations that goods qualify (2) DETERMINATION.—A determination a verification under subsection (a)(1) regard- under the rules of origin provided for in sec- under this paragraph is a determination of ing compliance described in subsection tion 203 of the United States-Colombia Trade the Secretary that— (a)(2)(A), if the Secretary determines that Promotion Agreement Implementation Act, (A) an exporter or producer in Colombia is there is insufficient information to support, U.S. Customs and Border Protection, in ac- complying with applicable customs laws, or that the person has provided incorrect in- cordance with regulations issued by the Sec- regulations, and procedures regarding trade formation to support, any claim for pref- retary of the Treasury, may suspend pref- in textile or apparel goods, or erential tariff treatment that has been made erential tariff treatment under the United (B) a claim that a textile or apparel good with respect to any such good; or States-Colombia Trade Promotion Agree- exported or produced by such exporter or (B) the textile or apparel good for which a ment to entries of identical goods covered by producer— claim of preferential tariff treatment has subsequent representations by that im- (i) qualifies as an originating good under been made that is the subject of a porter, exporter, or producer until U.S. Cus- section 203, or verification under subsection (a)(1) regarding toms and Border Protection determines that (ii) is a good of Colombia, a claim described in subsection (a)(2)(B), if

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2752 CONGRESSIONAL RECORD — SENATE April 8, 2008 the Secretary determines that there is insuf- duty provided for under the Agreement, a (3) any dissenting or separate views by ficient information to support, or that a per- Colombian article is being imported into the members of the Commission regarding the son has provided incorrect information to United States in such increased quantities, determination referred to in paragraph (1) support, that claim; and in absolute terms or relative to domestic and any finding or recommendation referred (2) denial of entry into the United States of production, and under such conditions that to in paragraph (2). any textile or apparel good exported or pro- imports of the Colombian article constitute (e) PUBLIC NOTICE.—Upon submitting a re- duced by the person that is the subject of a a substantial cause of serious injury or port to the President under subsection (d), verification under subsection (a)(1) regarding threat thereof to the domestic industry pro- the Commission shall promptly make public compliance described in subsection (a)(2)(A) ducing an article that is like, or directly the report (with the exception of information or a claim described in subsection (a)(2)(B), if competitive with, the imported article. which the Commission determines to be con- the Secretary determines that there is insuf- (c) APPLICABLE PROVISIONS.—The following fidential) and shall publish a summary of the ficient information to determine, or that the provisions of section 202 of the Trade Act of report in the Federal Register. 1974 (19 U.S.C. 2252) apply with respect to any person has provided incorrect information as SEC. 313. PROVISION OF RELIEF. investigation initiated under subsection (b): to, the country of origin of any such good. (a) IN GENERAL.—Not later than the date (1) Paragraphs (1)(B) and (3) of subsection (e) PUBLICATION OF NAME OF PERSON.—In that is 30 days after the date on which the (b). accordance with article 3.2.6 of the Agree- President receives the report of the Commis- (2) Subsection (c). ment, the Secretary may publish the name sion in which the Commission’s determina- (3) Subsection (i). of any person that the Secretary has deter- tion under section 312(a) is affirmative, or (d) ARTICLES EXEMPT FROM INVESTIGA- mined— which contains a determination under sec- TION.—No investigation may be initiated (1) is engaged in circumvention of applica- tion 312(a) that the President considers to be ble laws, regulations, or procedures affecting under this section with respect to any Co- lombian article if, after the date on which affirmative under paragraph (1) of section trade in textile or apparel goods; or 330(d) of the Tariff Act of 1930 (19 U.S.C. (2) has failed to demonstrate that it pro- the Agreement enters into force, import re- lief has been provided with respect to that 1330(d)(1)), the President, subject to sub- duces, or is capable of producing, textile or section (b), shall provide relief from imports apparel goods. Colombian article under this subtitle. SEC. 312. COMMISSION ACTION ON PETITION. of the article that is the subject of such de- (f) VERIFICATIONS IN THE UNITED STATES.— termination to the extent that the President (a) DETERMINATION.—Not later than 120 If the government of a country that is a determines necessary to remedy or prevent party to a free trade agreement with the days after the date on which an investiga- tion is initiated under section 311(b) with re- the injury found by the Commission and to United States makes a request for a facilitate the efforts of the domestic indus- verification pursuant to that agreement, the spect to a petition, the Commission shall make the determination required under that try to make a positive adjustment to import Secretary may request a verification of the competition. production of any textile or apparel good in section. (b) APPLICABLE PROVISIONS.—For purposes (b) EXCEPTION.—The President is not re- order to assist that government in deter- of this subtitle, the provisions of paragraphs quired to provide import relief under this mining— (1), (2), and (3) of section 330(d) of the Tariff section if the President determines that the (1) whether a claim of origin under the Act of 1930 (19 U.S.C. 1330(d) (1), (2), and (3)) provision of the import relief will not pro- agreement for a textile or apparel good is ac- shall be applied with respect to determina- vide greater economic and social benefits curate; or tions and findings made under this section as than costs. (2) whether an exporter, producer, or other if such determinations and findings were (c) NATURE OF RELIEF.— enterprise located in the United States in- made under section 202 of the Trade Act of (1) IN GENERAL.—The import relief that the volved in the movement of textile or apparel 1974 (19 U.S.C. 2252). President is authorized to provide under this goods from the United States to the terri- (c) ADDITIONAL FINDING AND RECOMMENDA- section with respect to imports of an article tory of the requesting government is com- TION IF DETERMINATION AFFIRMATIVE.— is as follows: plying with applicable customs laws, regula- (1) IN GENERAL.—If the determination made (A) The suspension of any further reduc- tions, and procedures regarding trade in tex- by the Commission under subsection (a) with tion provided for under Annex 2.3 of the tile or apparel goods. respect to imports of an article is affirma- Agreement in the duty imposed on the arti- SEC. 209. REGULATIONS. tive, or if the President may consider a de- cle. The Secretary of the Treasury shall pre- termination of the Commission to be an af- (B) An increase in the rate of duty imposed scribe such regulations as may be necessary firmative determination as provided for on the article to a level that does not exceed to carry out— under paragraph (1) of section 330(d) of the the lesser of— (1) subsections (a) through (n) of section Tariff Act of 1930 (19 U.S.C. 1330(d)), the Com- (i) the column 1 general rate of duty im- 203; mission shall find, and recommend to the posed under the HTS on like articles at the (2) the amendment made by section 204; President in the report required under sub- time the import relief is provided; or and section (d), the amount of import relief that (ii) the column 1 general rate of duty im- (3) any proclamation issued under section is necessary to remedy or prevent the injury posed under the HTS on like articles on the 203(o). found by the Commission in the determina- day before the date on which the Agreement TITLE III—RELIEF FROM IMPORTS tion and to facilitate the efforts of the do- enters into force. ROGRESSIVE LIBERALIZATION SEC. 301. DEFINITIONS. mestic industry to make a positive adjust- (2) P .—If the pe- riod for which import relief is provided under In this title: ment to import competition. this section is greater than 1 year, the Presi- (1) COLOMBIAN ARTICLE.—The term ‘‘Colom- (2) LIMITATION ON RELIEF.—The import re- dent shall provide for the progressive liberal- bian article’’ means an article that qualifies lief recommended by the Commission under ization (described in article 8.2.2 of the as an originating good under section 203(b). this subsection shall be limited to the relief Agreement) of such relief at regular inter- (2) COLOMBIAN TEXTILE OR APPAREL ARTI- described in section 313(c). vals during the period of its application. CLE.—The term ‘‘Colombian textile or ap- (3) VOTING; SEPARATE VIEWS.—Only those (d) PERIOD OF RELIEF.— parel article’’ means a textile or apparel members of the Commission who voted in (1) IN GENERAL.—Subject to paragraph (2), good (as defined in section 3(4)) that is a Co- the affirmative under subsection (a) are eli- any import relief that the President provides lombian article. gible to vote on the proposed action to rem- edy or prevent the injury found by the Com- under this section may not be in effect for Subtitle A—Relief From Imports Benefiting mission. Members of the Commission who more than 2 years. From the Agreement did not vote in the affirmative may submit, (2) EXTENSION.— SEC. 311. COMMENCING OF ACTION FOR RELIEF. in the report required under subsection (d), (A) IN GENERAL.—Subject to subparagraph (a) FILING OF PETITION.—A petition re- separate views regarding what action, if any, (C), the President, after receiving a deter- questing action under this subtitle for the should be taken to remedy or prevent the in- mination from the Commission under sub- purpose of adjusting to the obligations of the jury. paragraph (B) that is affirmative, or which United States under the Agreement may be (d) REPORT TO PRESIDENT.—Not later than the President considers to be affirmative filed with the Commission by an entity, in- the date that is 30 days after the date on under paragraph (1) of section 330(d) of the cluding a trade association, firm, certified or which a determination is made under sub- Tariff Act of 1930 (19 U.S.C. 1330(d)(1)), may recognized union, or group of workers, that section (a) with respect to an investigation, extend the effective period of any import re- is representative of an industry. The Com- the Commission shall submit to the Presi- lief provided under this section by up to 2 mission shall transmit a copy of any petition dent a report that includes— years, if the President determines that— filed under this subsection to the United (1) the determination made under sub- (i) the import relief continues to be nec- States Trade Representative. section (a) and an explanation of the basis essary to remedy or prevent serious injury (b) INVESTIGATION AND DETERMINATION.— for the determination; and to facilitate adjustment by the domestic Upon the filing of a petition under sub- (2) if the determination under subsection industry to import competition; and section (a), the Commission, unless sub- (a) is affirmative, any findings and rec- (ii) there is evidence that the industry is section (d) applies, shall promptly initiate ommendations for import relief made under making a positive adjustment to import an investigation to determine whether, as a subsection (c) and an explanation of the competition. result of the reduction or elimination of a basis for each recommendation; and (B) ACTION BY COMMISSION.—

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(i) INVESTIGATION.—Upon a petition on be- provided by the President under section 313 (A) the column 1 general rate of duty im- half of the industry concerned that is filed shall be treated as action taken under chap- posed under the HTS on like articles at the with the Commission not earlier than the ter 1 of title II of such Act (19 U.S.C. 2251 et time the import relief is provided; or date that is 9 months, and not later than the seq.). (B) the column 1 general rate of duty im- date that is 6 months, before the date on SEC. 316. CONFIDENTIAL BUSINESS INFORMA- posed under the HTS on like articles on the which any action taken under subsection (a) TION. day before the date on which the Agreement is to terminate, the Commission shall con- Section 202(a)(8) of the Trade Act of 1974 (19 enters into force. duct an investigation to determine whether U.S.C. 2252(a)(8)) is amended in the first sen- SEC. 323. PERIOD OF RELIEF. action under this section continues to be tence— (a) IN GENERAL.—Subject to subsection (b), necessary to remedy or prevent serious in- (1) by striking ‘‘and’’; and the import relief that the President provides jury and whether there is evidence that the (2) by inserting before the period at the end under section 322(b) may not be in effect for industry is making a positive adjustment to ‘‘, and title III of the United States-Colombia more than 2 years. import competition. Trade Promotion Agreement Implementa- (b) EXTENSION.— (ii) NOTICE AND HEARING.—The Commission tion Act’’. (1) IN GENERAL.—Subject to paragraph (2), shall publish notice of the commencement of the President may extend the effective pe- Subtitle B—Textile and Apparel Safeguard any proceeding under this subparagraph in riod of any import relief provided under this Measures the Federal Register and shall, within a rea- subtitle for a period of not more than 1 year, sonable time thereafter, hold a public hear- SEC. 321. COMMENCEMENT OF ACTION FOR RE- if the President determines that— ing at which the Commission shall afford in- LIEF. (A) the import relief continues to be nec- terested parties and consumers an oppor- (a) IN GENERAL.—A request for action essary to remedy or prevent serious damage tunity to be present, to present evidence, under this subtitle for the purpose of adjust- and to facilitate adjustment by the domestic and to respond to the presentations of other ing to the obligations of the United States industry to import competition; and parties and consumers, and otherwise to be under the Agreement may be filed with the (B) there is evidence that the industry is heard. President by an interested party. Upon the making a positive adjustment to import (iii) REPORT.—The Commission shall sub- filing of a request, the President shall review competition. mit to the President a report on its inves- the request to determine, from information (2) LIMITATION.—Any relief provided under tigation and determination under this sub- presented in the request, whether to com- this subtitle, including any extensions there- paragraph not later than 60 days before the mence consideration of the request. of, may not, in the aggregate, be in effect for action under subsection (a) is to terminate, (b) PUBLICATION OF REQUEST.—If the Presi- more than 3 years. unless the President specifies a different dent determines that the request under sub- SEC. 324. ARTICLES EXEMPT FROM RELIEF. date. section (a) provides the information nec- The President may not provide import re- (C) PERIOD OF IMPORT RELIEF.—Any import essary for the request to be considered, the lief under this subtitle with respect to an ar- relief provided under this section, including President shall publish in the Federal Reg- ticle if— any extensions thereof, may not, in the ag- ister a notice of commencement of consider- (1) import relief previously has been pro- gregate, be in effect for more than 4 years. ation of the request, and notice seeking pub- vided under this subtitle with respect to that (e) RATE AFTER TERMINATION OF IMPORT lic comments regarding the request. The no- article; or RELIEF.—When import relief under this sec- tice shall include a summary of the request (2) the article is subject to import relief tion is terminated with respect to an arti- and the dates by which comments and under— cle— rebuttals must be received. (A) subtitle A; or (1) the rate of duty on that article after SEC. 322. DETERMINATION AND PROVISION OF (B) chapter 1 of title II of the Trade Act of such termination and on or before December RELIEF. 1974 (19 U.S.C. 2251 et seq.). 31 of the year in which such termination oc- (a) DETERMINATION.— SEC. 325. RATE AFTER TERMINATION OF IMPORT curs shall be the rate that, according to the (1) IN GENERAL.—If a positive determina- RELIEF. Schedule of the United States to Annex 2.3 of tion is made under section 321(b), the Presi- On the date on which import relief under the Agreement, would have been in effect 1 dent shall determine whether, as a result of this subtitle is terminated with respect to an year after the provision of relief under sub- the elimination of a duty under the Agree- article, the rate of duty on that article shall section (a); and ment, a Colombian textile or apparel article be the rate that would have been in effect, (2) the rate of duty for that article after is being imported into the United States in but for the provision of such relief. December 31 of the year in which such termi- such increased quantities, in absolute terms SEC. 326. TERMINATION OF RELIEF AUTHORITY. nation occurs shall be, at the discretion of or relative to the domestic market for that the President, either— No import relief may be provided under article, and under such conditions as to this subtitle with respect to any article after (A) the applicable rate of duty for that ar- cause serious damage, or actual threat there- ticle set forth in the Schedule of the United the date that is 5 years after the date on of, to a domestic industry producing an arti- which the Agreement enters into force. States to Annex 2.3 of the Agreement; or cle that is like, or directly competitive with, SEC. 327. COMPENSATION AUTHORITY. (B) the rate of duty resulting from the the imported article. For purposes of section 123 of the Trade elimination of the tariff in equal annual (2) SERIOUS DAMAGE.—In making a deter- Act of 1974 (19 U.S.C. 2133), any import relief stages ending on the date set forth in the mination under paragraph (1), the Presi- provided by the President under this subtitle Schedule of the United States to Annex 2.3 of dent— shall be treated as action taken under chap- the Agreement for the elimination of the (A) shall examine the effect of increased ter 1 of title II of such Act (19 U.S.C. 2251 et tariff. imports on the domestic industry, as re- seq.). (f) ARTICLES EXEMPT FROM RELIEF.—No flected in changes in such relevant economic import relief may be provided under this sec- factors as output, productivity, utilization of SEC. 328. CONFIDENTIAL BUSINESS INFORMA- tion on— capacity, inventories, market share, exports, TION. (1) any article that is subject to import re- wages, employment, domestic prices, profits The President may not release information lief under— and losses, and investment, no one of which received in connection with an investigation (A) subtitle B; or is necessarily decisive; and or determination under this subtitle which (B) chapter 1 of title II of the Trade Act of (B) shall not consider changes in consumer the President considers to be confidential 1974 (19 U.S.C. 2251 et seq.); or preference or changes in technology in the business information unless the party sub- (2) any article on which an additional duty United States as factors supporting a deter- mitting the confidential business informa- assessed under section 202(b) is in effect. mination of serious damage or actual threat tion had notice, at the time of submission, SEC. 314. TERMINATION OF RELIEF AUTHORITY. thereof. that such information would be released by the President, or such party subsequently (a) GENERAL RULE.—Subject to subsection (b) PROVISION OF RELIEF.— consents to the release of the information. (b), no import relief may be provided under (1) IN GENERAL.—If a determination under this subtitle after the date that is 10 years subsection (a) is affirmative, the President To the extent a party submits confidential after the date on which the Agreement en- may provide relief from imports of the arti- business information, the party shall also ters into force. cle that is the subject of such determination, provide a nonconfidential version of the in- (b) EXCEPTION.—If an article for which re- as provided in paragraph (2), to the extent formation in which the confidential business lief is provided under this subtitle is an arti- that the President determines necessary to information is summarized or, if necessary, cle for which the period for tariff elimi- remedy or prevent the serious damage and to deleted. nation, set forth in the Schedule of the facilitate adjustment by the domestic indus- Subtitle C—Cases Under Title II of the Trade United States to Annex 2.3 of the Agreement, try. Act of 1974 is greater than 10 years, no relief under this (2) NATURE OF RELIEF.—The relief that the SEC. 331. FINDINGS AND ACTION ON GOODS OF subtitle may be provided for that article President is authorized to provide under this COLOMBIA. after the date on which that period ends. subsection with respect to imports of an ar- (a) EFFECT OF IMPORTS.—If, in any inves- SEC. 315. COMPENSATION AUTHORITY. ticle is an increase in the rate of duty im- tigation initiated under chapter 1 of title II For purposes of section 123 of the Trade posed on the article to a level that does not of the Trade Act of 1974 (19 U.S.C. 2251 et Act of 1974 (19 U.S.C. 2133), any import relief exceed the lesser of— seq.), the Commission makes an affirmative

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2754 CONGRESSIONAL RECORD — SENATE April 8, 2008 determination (or a determination which the The agency has a very important thority, in the area of subprime loans. President may treat as an affirmative deter- mission, but needs more resources and The commission has sent 200 warning mination under such chapter by reason of authority. The number of FTC employ- letters to mortgage advertisers and is section 330(d) of the Tariff Act of 1930), the Commission shall also find (and report to the ees has been greatly reduced from its conducting several investigations of President at the time such injury determina- pre-1980 high of 1,746, and the agency mortgage advertisers and subprime tion is submitted to the President) whether currently has approximately 1,102 em- lenders. In addition, the FTC has imports of the article of Colombia that qual- ployees. We need to make sure that brought 21 cases in the last decade. But ify as originating goods under section 203(b) they have the manpower and the tech- they haven’t had the opportunity to re- are a substantial cause of serious injury or nology to protect consumers. view the bad practices and create a threat thereof. I’d like to take a second to highlight rule preventing their reoccurrence. We (b) PRESIDENTIAL DETERMINATION REGARD- one of the areas where the FTC needs ING IMPORTS OF COLOMBIA.—In determining give them authority to create a rule the nature and extent of action to be taken authority most. The subprime loan preventing unfair or deceptive behavior under chapter 1 of title II of the Trade Act of market was an orgy of greed from a by lenders and allow the State attor- 1974 (19 U.S.C. 2251 et seq.), the President large number of lenders who knowingly neys general to enforce the rule. may exclude from the action goods of Colom- put borrowers in mortgage loans that Finally, we repeal the common car- bia with respect to which the Commission they could not afford—while at the rier exemption as the FTC has long has made a negative finding under sub- same time loading up these loans with been requesting. There are too many section (a). provisions that trigger large fees and problems in the telecommunications TITLE IV—PROCUREMENT penalties. world that need to be addressed by the SEC. 401. ELIGIBLE PRODUCTS. The mortgage brokers ran ads from FTC—consumers should not be left un- Section 308(4)(A) of the Trade Agreements coast to coast—you have seen them: Act of 1979 (19 U.S.C. 2518(4)(A)) is amended— protected. We also make sure that the (1) by striking ‘‘or’’ at the end of clause ‘‘Do you have bad credit? Do you have State Do Not Call laws are not pre- (vi); trouble getting a loan? Have you been empted by Federal regulations. (2) by striking the period at the end of missing payments on your home loan? Mr. President, I ask unanimous con- clause (vii) and inserting ‘‘; or’’; and Have you filed for bankruptcy? It sent that the text of the bill be printed (3) by adding at the end the following new doesn’t matter. Come to us; we will in the RECORD. clause: give you a loan.’’ There being no objection, the text of ‘‘(viii) a party to the United States-Colom- Many borrowers were brought in by the bill was ordered to be printed in bia Trade Promotion Agreement, a product teaser rates, interest-only payments, or service of that country or instrumentality the Record, as follows: which is covered under that agreement for no payments for 12 months, etc. Loans S. 2831 procurement by the United States.’’. had quick resets to higher and Be it enacted by the Senate and House of Rep- TITLE V—OFFSETS unaffordable interest rates. Loans had resentatives of the United States of America in SEC. 501. CUSTOMS USER FEES. prepayment penalties. Marketed loan Congress assembled, (a) IN GENERAL.—Section 13031(j)(3)(A) of payment amounts did not include SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the Consolidated Omnibus Budget Reconcili- escrowed amounts, taxes, insurance, (a) SHORT TITLE.—This Act may be cited as ation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) shall and other financial obligations. These the ‘‘Federal Trade Commission Reauthor- be applied by extending by 155 days the date unfair and deceitful advertisements are ization Act of 2008’’. in effect on the date of the enactment of this still on Web sites for lenders across the (b) TABLE OF CONTENTS.—The table of con- Act after which fees may not be charged country today. The FTC needs the au- tents for this Act is as follows: under paragraphs (9) and (10) of subsection thority to stop this practice and re- Sec. 1. Short title; table of comments. (a) of such section 13031. Sec. 2. Authorization of appropriations. (b) OTHER FEES.—Section 13031(j)(3)(B)(i) of sources to investigate and go after the Sec. 3. Independent litigation authority. the Consolidated Omnibus Budget Reconcili- bad actors. Sec. 4. Specialized administrative law ation Act of 1985 (19 U.S.C. 58c(j)(3)(B)(i)) Let me tell you a bit about what the judges. shall be applied by extending by 155 days the bill does. The bill provides for a 7-year Sec. 5. Civil penalties for violations of the date in effect on the date of the enactment of reauthorization starting in 2009. We set Federal Trade Commission Act. this Act after which fees may not be charged the fiscal year 2009 funding at $264 mil- Sec. 6. Application of Federal Trade Com- under paragraphs (1) through (8) of sub- mission Act to tax-exempt or- section (a) of such section 13031. lion and increase it by 10 percent per year. In addition, we give them an ad- ganizations. SEC. 502. TIME FOR PAYMENT OF CORPORATE ES- Sec. 7. Aiding and abetting a violation. TIMATED TAXES. ditional $20 million to be used by the Sec. 8. Permissive administrative procedure (a) CORPORATE ESTIMATED TAX DUE IN commission to improve technology in for consumer protection rules. 2012.—The percentage under subparagraph support of its competition and con- Sec. 9. Rulemaking procedure for subprime (B) of section 401(1) of the Tax Increase Pre- sumer protection missions. lending mortgages and non- vention and Reconciliation Act of 2005 (Pub- We give the FTC independent liti- traditional mortgage loans. lic Law 109–222; 26 U.S.C. 6655 note) in effect Sec. 10. Harmonizing FTC rules with bank- on the date of the enactment of this Act is gating authority so they won’t have to refer their cases to the Department of ing agency rulemaking. increased by 1 percentage point. Sec. 11. Enforcement by State attorneys (b) CORPORATE ESTIMATED TAX DUE IN Justice. We also give the FTC the au- general. 2013.—The percentage under subparagraph thority to give preference in the hiring Sec. 12. Harmonization of national do-not- (C) of section 401(1) of the Tax Increase Pre- process to administrative law judges call registry and effect on State vention and Reconciliation Act of 2005 (Pub- who have experience in their issues. laws. lic Law 109–222; 26 U.S.C. 6655 note) in effect We provide the FTC the authority to Sec. 13. FTC study of alcoholic beverage on the date of the enactment of this Act is marketing practices. increased by 2 percentage points. commence a civil action to recover civil penalties in a district court for Sec. 14. Common carrier exception. By Mr. DORGAN (for himself and any violation of the FTC Act. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. The text of section 25 of the Federal Trade Mr. INOUYE): We extend their jurisdiction to allow S. 2831. A bill to reauthorize the Fed- them to go after nonprofit entities as Commission Act (15 U.S.C. 57c) is amended to read as follows: well, so bad actors cannot hide behind eral Trade Commission, and for other ‘‘(a) IN GENERAL.—There are authorized to purposes; to the Committee on Com- nonprofit status, and we allow them to be appropriated to carry out the functions, merce, Science, and Transportation. go after those aiding and abetting an powers, and duties of the Commission— Mr. DORGAN. Mr. President, today I FTC violation. ‘‘(1) $264,000,000 for fiscal year 2009; am introducing the Federal Trade We also give them the authority, by ‘‘(2) $290,400,000 for fiscal year 2010; Commission Reauthorization Act of majority vote of the full commission, ‘‘(3) $319,400,000 for fiscal year 2011; 2008. I am joined by Senator INOUYE. to waive their current rulemaking re- ‘‘(4) $351,400,000 for fiscal year 2012; We seek with this reauthorization to quirements for any rule involving a ‘‘(5) $386,500,000 for fiscal year 2013; give the Federal Trade Commission, consumer protection matter. ‘‘(6) $425,200,000 for fiscal year 2014; and ‘‘(7) $467,700,000 for fiscal year 2015. FTC, what it needs to protect con- We require the FTC to conduct a ‘‘(b) LITIGATION AND INTERNET COMMERCE sumers from unfair or deceptive prac- rulemaking under the Administrative TECHNOLOGY.—There are authorized to be ap- tices and unfair methods of competi- Procedures Act, APA, which is faster propriated to the Commission $20,000,000 for tion. than their current Magnuson-Moss au- each of fiscal years 2009 through 2015 to be

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AIDING AND ABETTING A VIOLATION. of this Act, the Comptroller General shall nology in support of the Commission’s com- Section 10 of the Federal Trade Commis- transmit to Congress a report on the status petition and consumer protection missions. sion Act (15 U.S.C. 50) is amended by adding of regulations of the Federal banking agen- ‘‘(c) INTERNATIONAL TECHNICAL ASSIST- at the end thereof the following: cies and the National Credit Union Adminis- ANCE.—From amounts appropriated pursuant ‘‘It is unlawful for any person to aid or tration regarding unfair and deceptive acts to subsection (a), the Commission may spend abet another in violating any provision of or practices by the depository institutions. up to $10,000,000 for each of fiscal years 2009 this Act or any other Act enforceable by the (d) TECHNICAL AND CONFORMING AMEND- through 2015 to continue and enhance its pro- Commission.’’. MENTS.—Section 18(f) of the Federal Trade vision of international technical assistance SEC. 8. PERMISSIVE ADMINISTRATIVE PROCE- Commission Act (15 U.S.C. 57a(f)) is amend- with respect to foreign consumer protection DURE FOR CONSUMER PROTECTION ed— and competition regimes.’’. RULES. (1) in the first sentence of paragraph (1)— (a) IN GENERAL.—Section 18 of the Federal (A) by striking ‘‘banks or savings and loan SEC. 3. INDEPENDENT LITIGATION AUTHORITY. Trade Commission Act (15 U.S.C. 57a) is institutions described in paragraph (3), each Section 16(a) of the Federal Trade Commis- amended by adding at the end thereof the agency specified in paragraph (2) or (3) of sion Act (15 U.S.C. 56(a)) is amended— following: this subsection shall establish’’ and inserting (1) by striking paragraph (1) and inserting ‘‘(k) ALTERNATIVE RULEMAKING PROCE- ‘‘depository institutions and Federal credit ‘‘(1) The Commission may commence, defend, DURE.—The Commission may, by majority unions, the Federal banking agencies and the or intervene in, and supervise the litigation vote of the full Commission, dispense with National Credit Union Administration Board of any civil action involving this Act (in- the requirements of other provisions of this shall each establish’’; and cluding an action to collect a civil penalty) section and of section 22 of this Act with re- (B) by striking ‘‘banks or savings and loan and any appeal of such action in its own spect to rulemaking involving a consumer institutions described in paragraph (3), sub- name by any of its attorneys designated by protection matter (as determined by the ject to its jurisdiction’’ before the period and it for such purpose. The Commission shall Commission). If the Commission dispenses inserting ‘‘depository institutions or Federal notify the Attorney General of any such ac- with such requirements with respect to such credit unions subject to the jurisdiction of tion and may consult with the Attorney Gen- a rulemaking, it shall conduct such rule- such agency or Board’’; eral with respect to any such action or re- making in accordance with section 553 of (2) in the sixth sentence of paragraph (1) quest the Attorney General on behalf of the title 5, United States Code, and in such case (as amended by subsection (b))— Commission to commence, defend, or inter- the provisions for judicial review of rules (A) by striking ‘‘each such Board’’ and in- vene in any such action.’’; promulgated under section 553 of title 5 shall serting ‘‘each such banking agency and the (2) by striking subparagraph (A) of para- apply.’’. National Credit Union Administration graph (3) and inserting ‘‘(A) The Commission SEC. 9. RULEMAKING PROCEDURE FOR Board’’; may represent itself through any of its at- SUBPRIME LENDING MORTGAGES (B) by striking ‘‘banks or savings and loan torneys designated by it for such purpose be- AND NONTRADITIONAL MORTGAGE institutions described in paragraph (3)’’ each fore the Supreme Court in any civil action in LOANS. place such term appears and inserting ‘‘de- which the Commission represented itself Section 18 of the Federal Trade Commis- pository institutions subject to the jurisdic- pursuant to paragraph (1) or (2) or may re- sion Act (15 U.S.C. 57a), as amended by sec- tion of such agency’’; quest the Attorney General to represent the tion 8, is further amended by adding at the (C) by striking ‘‘(A) any such Board’’ and Commission before the Supreme Court in end thereof the following: ‘‘(l) SPECIAL RULE FOR CERTAIN MORTGAGE- inserting ‘‘(A) any such Federal banking any such action.’’; and RELATED RULEMAKINGS.—Notwithstanding agency or the National Credit Union Admin- (3) by striking paragraph (4) and redesig- any other provision of this section, section istration Board’’; and nating paragraph (5) as paragraph (4). 22 of this Act, or any other provision of law, (D) by striking ‘‘with respect to banks, SEC. 4. SPECIALIZED ADMINISTRATIVE LAW the Commission shall conduct rulemaking savings and loan institutions’’ and inserting JUDGES. proceedings with respect to subprime mort- ‘‘with respect to depository institutions’’; (a) IN GENERAL.—In appointing administra- gage lending and nontraditional mortgage (3) by adding at the end of paragraph (1) tive law judges under section 3105 of title 5, loans in accordance with section 553 of title the following new sentence: ‘‘For purposes of United States Code, to conduct hearings and 5, United States Code, and the provisions for this subsection, the terms ‘Federal banking render initial decisions in formal adjudica- judicial review of rules promulgated under agency’ and ‘depository institution’ have the tive matters before it, the Federal Trade section 553 of title 5 shall apply.’’. same meaning as in section 3 of the Federal Commission may give preference to adminis- SEC. 10. HARMONIZING FTC RULES WITH BANK- Deposit Insurance Act.’’; trative law judges who have experience with ING AGENCY RULEMAKING. (4) in paragraph (2)(C), by inserting ‘‘than’’ antitrust or trade regulation litigation and (a) IN GENERAL.—The second sentence of after ‘‘(other’’; who are familiar with the kinds of economic section 18(f)(1) of the Federal Trade Commis- (5) in paragraph (3), by inserting ‘‘by the analysis associated with such litigation. sion Act (15 U.S.C. 57a(f)(1)) is amended— Director of the Office of Thrift Supervision’’ (b) DETAILS.—If the Commission asks the (1) by striking ‘‘The Board of Governors of before the period at the end; Office of Personnel Management to assign an the Federal Reserve System (with respect to (6) in paragraph (4), by inserting ‘‘by the administrative law judge under section 3344 banks) and the Federal Home Loan Bank National Credit Union Administration’’ be- of title 5, United States Code, to conduct a Board (with respect to savings and loan in- fore the period at the end; and hearing or render an initial decision in a for- stitutions described in paragraph (3))’’ and (7) in paragraph (6), by striking ‘‘the Board mal adjudicative matter before it, the Com- inserting ‘‘Each Federal banking agency of Governors of the Federal Reserve System’’ mission may request the assignment of an (with respect to the depository institutions and inserting ‘‘any Federal banking agency administrative law judge who has experience each such agency supervises)’’; and or the National Credit Union Administration with antitrust or trade regulation litigation (2) by inserting ‘‘in consultation with the Board’’. and is familiar with the kinds of economic Commission’’ after ‘‘shall prescribe regula- SEC. 11. ENFORCEMENT BY STATE ATTORNEYS analysis associated with such litigation and tions’’. GENERAL the Office of Personnel Management shall (b) FTC CONCURRENT RULEMAKING.—Sec- (a) IN GENERAL.—Except as provided in comply with the request to the maximum ex- tion 18(f)(1) of such Act is further amended subsection (f), a State, as parens patriae, tent feasible. by inserting after the second sentence the may bring a civil action on behalf of its resi- SEC. 5. CIVIL PENALTIES FOR VIOLATIONS OF following: ‘‘Such regulations shall be pre- dents in an appropriate State or district THE FEDERAL TRADE COMMISSION scribed jointly by such agencies to the ex- court of the United States to enforce the ACT. tent practicable. Notwithstanding any other provisions of the Federal Trade Commission Section 5(m)(1)(A) of the Federal Trade provision of this section, whenever such Act or any other Act enforced by the Federal Commission Act (15 U.S.C. 45(m)(1)(A)) is agencies commence such a rulemaking pro- Trade Commission to obtain penalties and amended— ceeding, the Commission, with respect to the relief provided under such Acts whenever the (1) by inserting ‘‘this Act, or’’ after ‘‘vio- entities within its jurisdiction under this attorney general of the State has reason to lates’’ the first place it appears; and Act, may commence a rulemaking pro- believe that the interests of the residents of (2) by inserting ‘‘a violation of this Act or ceeding and prescribe regulations in accord- the State have been or are being threatened such act is’’ after ‘‘such act is’’. ance with section 553 of title 5, United States or adversely affected by a violation of a SEC. 6. APPLICATION OF FEDERAL TRADE COM- Code. If the Commission commences such a subprime mortgage lending rule or a non- MISSION ACT TO TAX-EXEMPT ORGA- rulemaking proceeding, the Commission, the traditional mortgage loan rule promulgated NIZATIONS. Federal banking agencies, and the National by the Federal Trade Commission. Section 4 of the Federal Trade Commission Credit Union Administration Board shall (b) NOTICE.—The State shall serve written Act (15 U.S.C. 44) is amended by striking consult and coordinate with each other so notice to the Commission of any civil action ‘‘members.’’ in the second full paragraph and that the regulations prescribed by each such under subsection (a) at least 60 days prior to inserting ‘‘members, and includes an organi- agency are consistent with and comparable initiating such civil action. The notice shall zation described in section 501(c)(3) of the In- to the regulations prescribed by each other include a copy of the complaint to be filed to ternal Revenue Code of 1986 that is exempt such agency to the extent practicable.’’. initiate such civil action, except that if it is from taxation under section 501(a) of such (c) GAO STUDY AND REPORT.—Not later not feasible for the State to provide such Code.’’. than 18 months after the date of enactment prior notice, the State shall provide notice

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2756 CONGRESSIONAL RECORD — SENATE April 8, 2008 immediately upon instituting such civil ac- ommendations, including legislative rec- of Kansas men’s basketball team win its tion. ommendations, as the Commission deems ap- third NCAA Division I Basketball Champion- (c) INTERVENTION BY FTC.—Upon receiving propriate. In preparing the report, the Com- ship and fifth national championship; the notice required by subsection (b), the mission shall consider information contained (3) respectfully requests the Secretary of Commission may intervene in such civil ac- in reports by the Secretary of Health and the Senate to transmit enrolled copies of tion and upon intervening— Human services under section 519B of the this resolution to— (1) be heard on all matters arising in such Public Health Service Act (42 U.S.C. 290bb- civil action; 25b), and shall include, to the extent feasible, (A) the University of Kansas for appro- (2) remove the action to the appropriate data on measured and unmeasured media by priate display; United States district court; and brand and type of beverage, and data on ex- (B) the Chancellor of the University of (3) file petitions for appeal of a decision in penditures for slotting and discounting. Kansas, Robert Hemenway; such civil action. SEC. 14. COMMON CARRIER EXCEPTION. (C) the Athletic Director of the University (d) SAVINGS CLAUSE.—Nothing in this sec- Section 4 of the Federal Trade Commission of Kansas, Lew Perkins; tion shall prevent the attorney general of a Act (15 U.S.C. 44) is amended by striking the State from exercising the powers conferred paragraph containing the definition of the (D) the Head Coach of the University of on the attorney general by the laws of such term ‘‘Acts to regulate commerce’’ and in- Kansas men’s basketball team, Bill Self. State to conduct investigations or to admin- serting the following: ister oaths or affirmations or to compel the ‘‘ ‘Acts to regulate commerce’ means sub- f attendance of witnesses or the production of title IV of title 49, United States Code, and documentary and other evidence. Nothing in all Acts amendatory thereof and supple- SENATE RESOLUTION 506—EX- this section shall prohibit the attorney gen- mentary thereto.’’. eral of a State, or other authorized State of- PRESSING THE SENSE OF THE ficer, from proceeding in State or Federal f SENATE THAT FUNDING PRO- court on the basis of an alleged violation of SUBMITTED RESOLUTIONS VIDED BY THE UNITED STATES any civil or criminal statute of that State. TO THE GOVERNMENT OF IRAQ (e) VENUE; SERVICE OF PROCESS; JOINDER.— In a civil action brought under subsection IN THE FUTURE FOR RECON- SENATE RESOLUTION 505—COM- STRUCTION AND TRAINING FOR (a)— MENDING THE UNIVERSITY OF (1) the venue shall be a judicial district in SECURITY FORCES BE PROVIDED which the lender or a related party operates KANSAS MEN’S BASKETBALL AS A LOAN TO THE GOVERN- or is authorized to do business; TEAM FOR WINNING THE 2008 NA- MENT OF IRAQ (2) process may be served without regard to TIONAL COLLEGIATE ATHLETIC the territorial limits of the district or of the ASSOCIATION (NCAA) DIVISION I Mr. NELSON of Nebraska submitted State in which the civil action is instituted; BASKETBALL CHAMPIONSHIP the following resolution; which was re- and Mr. ROBERTS (for himself, Mr. ferred to the Committee on Foreign (3) a person who participated with a lender Relations: or related party to an alleged violation that BROWNBACK, and Mr. STEVENS) sub- is being litigated in the civil action may be mitted the following resolution; Which S. RES. 506 joined in the civil action without regard to was considered and agreed to: Whereas the United States has been en- the residence of the person. S. RES. 505 gaged in Iraq for more than 5 years at a (f) PREEMPTIVE ACTION BY FTC.—Whenever great cost to the United States in both lives a civil action or an administrative action Whereas, on April 7th, 2008, the University of Kansas men’s basketball team won its and resources; has been instituted by or on behalf of the Whereas March 19, 2008, marked the fifth Commission for violation of any rule de- third NCAA Division I Basketball Champion- ship and fifth national title with its 75-68 anniversary of the engagement of the United scribed under (a), no State may, during the States in Iraq; pendency of such action instituted by or on overtime win over the University of Mem- phis—on the twentieth anniversary of the Whereas the United States Government behalf of the Commission, institute a civil has spent $600,000,000,000 to fight the war in action under subsection (a) against any de- historic win by the team lead by Danny Man- ning known as ‘‘Danny and the Miracles’’; Iraq and that expenditure has contributed fendant named in the complaint in such ac- greatly to the Nation’s debt; tion for violation of any rule as alleged in Whereas, with this win the Jayhawks achieved a school record for all-time season Whereas taxpayers in the United States such complaint. have provided $45,000,000,000 in funding for (g) AWARD OF COSTS AND FEES.—If the at- wins, posting a 37–3 win-loss record during their run for the title, and finished the sea- reconstruction to the country and the Gov- torney general of a State prevails in any ernment of Iraq; civil action under subsection (a), the State son with a thirteen-game winning streak, se- curing the Big XII Conference Championship Whereas world oil prices have reached can recover reasonable costs and attorney more than $100 a barrel; fees from the lender or related party. title after starting the season with a twenty- game undefeated record, in addition to the Whereas consumers in the United States SEC. 12. HARMONIZATION OF NATIONAL DO-NOT- are paying record gas prices of approxi- CALL REGISTRY AND EFFECT ON 2008 NCAA Division I men’s basketball crown; mately $3.29 a gallon; STATE LAWS. Whereas, when the war began, Deputy Sec- (a) AMENDMENT OF THE TELEMARKETING AND Whereas, Head Coach Bill Self improved retary of Defense Paul Wolfowitz said, CONSUMER FRAUD AND ABUSE PREVENTION his all-time record at Kansas to 142–32 and ‘‘We’re dealing with a country that can real- ACT.—Section 5 of the Telemarketing and 12–4 in the tournament assisted by a miracu- ly finance its own reconstruction, and rel- Consumer Fraud and Abuse Prevention Act lous last-minute three-point shot by guard atively soon.’’; (15 U.S.C. 6105) is amended by adding at the Mario Chalmers; Whereas, due to high oil prices and ex- end thereof the following: Whereas, Kansas guard Mario Chalmers panded oil production, it has been predicted ‘‘(d) STATE LAWS NOT PREEMPTED.—Noth- was chosen as the Most Outstanding Player that the Government of Iraq is likely to ex- ing in this Act or the Do-Not-Call Implemen- of the Final Four and was named to the all- perience an enormous revenue windfall; tation Act (15 U.S.C. 6101 note) preempts any tournament team along with guards Brandon Whereas, in January 2008, the Government State law that imposes more restrictive re- Rush and Darrell Arthur; Accountability Office issued a report stating quirements on intrastate or interstate tele- Whereas, each player, coach, trainer, and that, according to Iraq’s official expenditure marketing to telephone numbers on a do- manager dedicated his or her time and effort reports, the Government of Iraq had spent notWithin 2 years of the completion of the to ensuring that the Kansas Jayhawks only 4.4 percent of its $10,100,000,000 invest- Federal Trade Commission study entitled reached their goal of capturing a national ment budget as of August 2007; ″Self Regulation in the Alcohol Industry″- championship; and Whereas Iraq has not made satisfactory call registry maintained by that State.’’. Whereas, the families of the players, stu- progress toward achieving the political (b) CONFORMING AMENDMENT.—Section dents, alumni, and faculty of the University 227(e)(1) of the Communications Act of 1934 of Kansas, and all the supporters of the Uni- benchmarks established by Congress; and (47 U.S.C. 227(e)(1)) is amended by inserting versity of Kansas, are to be congratulated Whereas the Government of Iraq needs to ‘‘interstate or’’ after ‘‘restrictive’’. for their commitment to, and pride in, the invest in the future of Iraq by paying a larg- er share of the costs of reconstruction: Now, SEC. 13. FTC STUDY OF ALCOHOLIC BEVERAGE basketball program at the University: Now, MARKETING PRACTICES. therefore, be it therefore, be it Within 2 years after the Federal Trade Resolved, That the Senate— Resolved, That it is the sense of the Senate Commission completes its study entitled (1) commends the University of Kansas that any funding provided by the United Self-Regulation in the Alcohol Industry and men’s basketball team for winning the 2008 States to the Government of Iraq for recon- every 2 years thereafter, the Commission NCAA Division I Basketball Championship; struction and training for security forces shall transmit a report to the Congress on (2) recognizes the achievements of all of after the date on which the Senate agrees to advertising and marketing practices for al- the players, coaches, and support staff who this resolution be provided as a loan to the coholic beverages, together with such rec- were instrumental in helping the University Government of Iraq.

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — SENATE S2757 SENATE CONCURRENT RESOLU- (C) the legacy of Prime Minister Ahern is proposed to the bill H.R. 3221, supra; which TION 74—HONORING THE PRIME clear and his contribution to peace is enor- was ordered to lie on the table. MINISTER OF IRELAND, BERTIE mous; SA 4503. Mr. FEINGOLD (for himself and Mr. KOHL) submitted an amendment in- AHERN, FOR HIS SERVICE TO (2) Congress thanks Prime Minister Ahern on behalf of the people of the United States, tended to be proposed to amendment SA 4419 THE PEOPLE OF IRELAND AND wishes him well, and hopes his unique tal- proposed by Mr. ENSIGN to the amendment TO THE WORLD AND WELCOMING ents will be of service in resolving conflicts SA 4387 submitted by Mr. DODD (for himself THE PRIME MINISTER TO THE elsewhere in the years ahead in our divided and Mr. SHELBY) to the bill H.R. 3221, supra; UNITED STATES world; and which was ordered to lie on the table. (3) the Members of the Senate and the SA 4504. Mr. THUNE submitted an amend- Mr. KENNEDY (for himself, Mr. House of Representatives look forward to ment intended to be proposed to amendment DODD, and Ms. COLLINS) submitted the paying fitting and fond tribute to Prime SA 4419 proposed by Mr. ENSIGN to the following concurrent resolution; which Minister Ahern when he addresses a joint amendment SA 4387 submitted by Mr. DODD was referred to the Committee on For- session of Congress on April 30, 2008. (for himself and Mr. SHELBY) to the bill H.R. 3221, supra; which was ordered to lie on the eign Relations: f table. S. CON. RES. 74 AMENDMENTS SUBMITTED AND SA 4505. Mrs. MURRAY submitted an Whereas the Members of the Senate and PROPOSED amendment intended to be proposed by her the House of Representatives are saddened to the bill H.R. 3221, supra; which was or- SA 4494. Ms. MIKULSKI (for herself, Mr. that the Prime Minister of Ireland, Bertie dered to lie on the table. KENNEDY, and Mr. HARKIN) submitted an Ahern, has announced that he will resign on SA 4506. Mrs. MURRAY submitted an amendment intended to be proposed to May 6, 2008; amendment intended to be proposed by her amendment SA 4478 submitted by Mrs. MUR- Whereas Prime Minister Ahern has served to the bill H.R. 3221, supra; which was or- RAY (for herself, Mr. SCHUMER, Mr. CASEY, the people of Ireland with distinction for dered to lie on the table. and Mr. BROWN) to the amendment SA 4387 many years and has been an extraordinary SA 4507. Mrs. MURRAY submitted an submitted by Mr. DODD (for himself and Mr. friend to the United States throughout his amendment intended to be proposed to SHELBY) to the bill H.R. 3221, moving the years in office; amendment SA 4478 submitted by Mrs. MUR- United States toward greater energy inde- Whereas, during his extensive period of RAY (for herself, Mr . SCHUMER, Mr. CASEY, pendence and security, developing innova- public service, Prime Minister Ahern has and Mr. BROWN) to the amendment SA 4387 tive new technologies, reducing carbon emis- made significant contributions to an unprec- submitted by Mr. DODD (for himself and Mr. sions, creating green jobs, protecting con- edented era of peace, prosperity, and SHELBY) to the bill H.R. 3221, supra; which sumers, increasing clean renewable energy progress in Ireland; was ordered to lie on the table. production, and modernizing our energy in- Whereas Prime Minister Ahern entered SA 4508. Ms. LANDRIEU submitted an frastructure, and to amend the Internal Rev- politics in 1977 and has been elected 10 times amendment intended to be proposed to enue Code of 1986 to provide tax incentives in the past 31 years by the people of Dublin amendment SA 4404 proposed by Ms. for the production of renewable energy and Central; LANDRIEU to the amendment SA 4387 sub- energy conservation. mitted by Mr. DODD (for himself and Mr. Whereas Prime Minister Ahern was elected SA 4495. Mrs. HUTCHISON (for herself and leader of Fianna Fa´ il in 1994 and became SHELBY) to the bill H.R. 3221, supra; which Mr. NELSON of Florida) submitted an amend- Prime Minister in 1997; was ordered to lie on the table. ment intended to be proposed to amendment SA 4509. Mr. SANDERS submitted an Whereas Prime Minister Ahern is the sec- SA 4425 submitted by Mrs. HUTCHISON (for amendment intended to be proposed to ond-longest-serving Taoiseach, or Prime herself and Mr. NELSON of Florida) and in- amendment SA 4429 submitted by Mr. ALEX- Minister, in the history of Ireland, and the tended to be proposed to the bill H.R. 3221, ANDER (for himself and Mr. KYL) to the second-longest-serving leader of Fianna Fa´ il; supra; which was ordered to lie on the table. amendment SA 4419 proposed by Mr. ENSIGN Whereas Prime Minister Ahern is the first SA 4496. Mr. SPECTER submitted an to the bill H.R. 3221, supra; which was or- Taoiseach since 1944 to be elected on 3 suc- amendment intended to be proposed by him dered to lie on the table. cessive occasions; to the bill H.R. 3221, supra; which was or- SA 4510. Mr. SANDERS submitted an Whereas Prime Minister Ahern has been dered to lie on the table. amendment intended to be proposed to fully committed to strengthening the econ- SA 4497. Mr. BUNNING submitted an amendment SA 4419 proposed by Mr. ENSIGN omy of Ireland and, under his leadership, Ire- amendment intended to be proposed to to the amendment SA 4387 submitted by Mr. land became more prosperous than at any amendment SA 4387 submitted by Mr. DODD DODD (for himself and Mr. SHELBY) to the bill time in the history of the country and be- (for himself and Mr. SHELBY) to the bill H.R. H.R. 3221, supra; which was ordered to lie on came world-renowned as the ‘‘Celtic Tiger’’; 3221, supra; which was ordered to lie on the the table. Whereas the people of Ireland have bene- table. SA 4511. Mr. SANDERS submitted an fitted from a significantly improved quality SA 4498. Mr. BUNNING submitted an amendment intended to be proposed to of life during Prime Minister Ahern’s service amendment intended to be proposed to amendment SA 4423 proposed by Mr. NELSON as Taoiseach; amendment SA 4395 submitted by Mr. of Florida (for himself and Mr. COLEMAN) to Whereas Prime Minister Ahern promised BUNNING and intended to be proposed to the the amendment SA 4387 submitted by Mr. years ago that one of his highest priorities amendment SA 4387 proposed by Mr. DODD DODD (for himself and Mr. SHELBY) to the bill was to end the decades-long cycle of hatred (for himself and Mr. SHELBY) to the bill H.R. H.R. 3221, supra; which was ordered to lie on and violence in Northern Ireland; 3221, supra; which was ordered to lie on the the table. Whereas Prime Minister Ahern kept that table. SA 4512. Mr. SANDERS submitted an promise and worked assiduously to achieve SA 4499. Ms. LANDRIEU submitted an amendment intended to be proposed to the peace that Northern Ireland enjoys amendment intended to be proposed to amendment SA 4433 submitted by Mrs. LIN- today; amendment SA 4404 proposed by Ms. COLN (for Ms. SNOWE) to the amendment SA Whereas the former Prime Minister of the LANDRIEU to the amendment SA 4387 sub- 4387 submitted by Mr. DODD (for himself and United Kingdom, Tony Blair, described mitted by Mr. DODD (for himself and Mr. Mr. SHELBY) to the bill H.R. 3221, supra; Prime Minister Ahern as a ‘‘remarkable SHELBY) to the bill H.R. 3221, supra; which which was ordered to lie on the table. leader’’ and stated that Prime Minister was ordered to lie on the table. SA 4513. Mr. SANDERS submitted an Ahern ‘‘will always be remembered for his SA 4500. Ms. LANDRIEU submitted an amendment intended to be proposed to crucial role in bringing about peace in amendment intended to be proposed to amendment SA 4404 proposed by Ms. Northern Ireland, [and] for transforming re- amendment SA 4448 submitted by Ms. LANDRIEU to the amendment SA 4387 sub- lations between Britain and the Irish Repub- LANDRIEU and intended to be proposed to the mitted by Mr. DODD (for himself and Mr. lic’’; and amendment SA 4387 proposed by Mr. DODD SHELBY) to the bill H.R. 3221, supra; which Whereas Prime Minister Ahern will address (for himself and Mr. SHELBY) to the bill H.R. was ordered to lie on the table. a joint session of Congress on April 30, 2008: 3221, supra; which was ordered to lie on the SA 4514. Mr. SANDERS submitted an Now, therefore, be it table. amendment intended to be proposed to Resolved by the Senate (the House of Rep- SA 4501. Mr. GREGG submitted an amend- amendment SA 4384 proposed by Mr. SAND- resentatives concurring), That— ment intended to be proposed to amendment ERS to the amendment SA 4387 submitted by (1) it is the sense of Congress that— SA 4419 proposed by Mr. ENSIGN to the Mr. DODD (for himself and Mr. SHELBY) to (A) the Prime Minister of Ireland, Bertie amendment SA 4387 submitted by Mr. DODD the bill H.R. 3221, supra; which was ordered Ahern, has been a strong and effective leader (for himself and Mr. SHELBY) to the bill H.R. to lie on the table. for the people of Ireland and a good friend to 3221, supra; which was ordered to lie on the SA 4515. Mr. SANDERS submitted an the United States; table. amendment intended to be proposed to (B) the skillful leadership of Prime Min- SA 4502. Mr. FEINGOLD (for himself and amendment SA 4478 submitted by Mrs. MUR- ister Ahern was indispensable in finally Mr. KOHL) submitted an amendment in- RAY (for herself, Mr . SCHUMER, Mr. CASEY, achieving a successful resolution of the long- tended to be proposed to amendment SA 4467 and Mr. BROWN) to the amendment SA 4387 standing conflict in Northern Ireland; and submitted by Mr. ENSIGN and intended to be submitted by Mr. DODD (for himself and Mr.

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SHELBY) to the bill H.R. 3221, supra; which politan statistical areas (as defined by the thority and the Department of Housing and was ordered to lie on the table. Director of the Office of Management and Urban Development on or about February 28, SA 4516. Mr. SANDERS submitted an Budget) with the highest home foreclosure 2002, pursuant to section 204 of the Omnibus amendment intended to be proposed to rates, and (2) have the capacity to begin Consolidated Rescissions and Appropriations amendment SA 4421 proposed by Mr. CARDIN using the financial assistance within 90 days Act of 1996, under the heading ‘‘Public Hous- (for himself and Mr. ENSIGN) to the amend- after receipt of the assistance. ing/Moving to Work Demonstration’’ (Public ment SA 4387 submitted by Mr. DODD (for Law 104-134, 110 Stat. 1321-281) for the 45-day himself and Mr. SHELBY) to the bill H.R. 3221, SA 4495. Mrs. HUTCHISON (for her- period beginning on April 1, 2008. supra; which was ordered to lie on the table. self and Mr. NELSON of Florida) sub- (b) COMPLIANCE REVIEW.—If the Philadel- SA 4517. Mr. SANDERS submitted an mitted an amendment intended to be phia Housing Authority submits certifi- amendment intended to be proposed to proposed to amendment SA 4425 sub- cations by an independent expert verifying amendment SA 4401 submitted by Mr. SAND- mitted by Mrs. HUTCHISON (for herself that at least 5 percent of its public housing ERS (for himself and Mr. DURBIN) to the and Mr. NELSON of Florida) and in- units are in compliance with section 504 of amendment SA 4387 submitted by Mr. DODD the Rehabilitation Act of 1973, and such cer- (for himself and Mr. SHELBY) to the bill H.R. tended to be proposed to the bill H.R. 3221, moving the United States toward tifications are satisfactory to the Secretary, 3221, supra; which was ordered to lie on the the Secretary shall further extend the Mov- table. greater energy independence and secu- ing to Work Demonstration Agreement for f rity, developing innovative new tech- an additional 1 year period. nologies, reducing carbon emissions, TEXT OF AMENDMENTS (c) TERMS AND CONDITIONS.—Any extension creating green jobs, protecting con- of the Moving to Work Demonstration SA 4494. Ms. MIKULSKI (for herself, sumers, increasing clean renewable en- Agreement under this section shall be under Mr. KENNEDY, and Mr. HARKIN) sub- ergy production, and modernizing our the same terms and conditions as were appli- mitted an amendment intended to be energy infrastructure, and to amend cable to the original agreement. proposed to amendment SA 4478 sub- the Internal Revenue Code of 1986 to (d) LIMITATION ON ACTIONS OF THE SEC- mitted by Mrs. MURRAY (for herself, provide tax incentives for the produc- RETARY.—The Secretary may not terminate Mr. SCHUMER, Mr. CASEY, and Mr. tion of renewable energy and energy or take any adverse action with respect to BROWN) to the amendment SA 4387 sub- conservation; which was ordered to lie an agreement described in subsection (a) or mitted by Mr. DODD (for himself and on the table; as follows: any extension thereto— (1) unless there has been an express find- Mr. SHELBY) to the bill H.R. 3221, mov- In lieu of the matter proposed to be in- ing, on the record, after opportunity for a ing the United States toward greater serted, insert the following: hearing, of a failure by the Housing Author- energy independence and security, de- SEC. lll. NEW RESTAURANT PROPERTY ELIGI- ity to comply with the terms of the agree- veloping innovative new technologies, BLE FOR BONUS DEPRECIATION. ment or otherwise applicable provisions of reducing carbon emissions, creating (a) IN GENERAL.—Clause (i) of section law; and green jobs, protecting consumers, in- 168(k)(2)(A) of the Internal Revenue Code of (2) before the expiration of the 30-day pe- 1986 (relating to qualified property) is creasing clean renewable energy pro- riod beginning on the date on which the Sec- amended by striking ‘‘or’’ at the end of sub- retary has filed with the appropriate com- duction, and modernizing our energy clause (III), by inserting ‘‘or’’ at the end of infrastructure, and to amend the Inter- mittees of Congress a full written report of subclause (IV), and by adding at the end the the circumstances and the grounds for such nal Revenue Code of 1986 to provide tax following new subclause: action. incentives for the production of renew- ‘‘(V) which is new restaurant property,’’. able energy and energy conservation; (b) QUALIFIED NEW RESTAURANT PROP- as follows: ERTY.—Subsection (k) of section 168 of such SA 4497. Mr. BUNNING submitted an Code, as amended by this Act, is amended by In lieu of the matter proposed to be in- amendment intended to be proposed to adding at the end the following new para- amendment SA 4387 submitted by Mr. serted, insert the following: graph: DODD (for himself and Mr. SHELBY) to SEC. lllll. ‘‘(6) QUALIFIED NEW RESTAURANT PROP- the bill H.R. 3221, moving the United Notwithstanding any other provision of ERTY.—For purposes of this subsection, the this Act, the amount appropriated under sec- term ‘qualified new restaurant property’ States toward greater energy independ- tion 301(a) of this Act shall be $3,862,500,000 means any section 1250 property which is a ence and security, developing innova- and the amount appropriated under section building if more than 50 percent of the build- tive new technologies, reducing carbon 401 of this Act shall be $237,500,00: Provided, ing’s square footage is devoted to prepara- emissions, creating green jobs, pro- That, of amounts appropriated under such tion of, and seating for on-premises con- tecting consumers, increasing clean re- section 401 $37,500,000 shall be used by the sumption of, prepared meals.’’. newable energy production, and mod- Neighborhood Reinvestment Corporation (re- (c) EFFECTIVE DATE.—The amendments ernizing our energy infrastructure, and ferred to in this section as the ‘‘NRC’’) to (1) made by this section shall apply to property make grants to counseling intermediaries placed in service after the date of the enact- to amend the Internal Revenue Code of approved by the Department of Housing and ment of this Act. 1986 to provide tax incentives for the Urban Development or the NRC to hire at- production of renewable energy and en- torneys trained and capable of assisting SA 4496. Mr. SPECTER submitted an ergy conservation; which was ordered homeowners of owner-occupied homes with amendment intended to be proposed by to lie on the table; as follows: mortgages in default, in danger of default, or him to the bill H.R. 3221, moving the subject to or at risk of foreclosure who have Strike titles III and IV and insert the fol- United States toward greater energy lowing: legal issues that cannot be handled by coun- independence and security, developing selors already employed by such inter- innovative new technologies, reducing TITLE III—TIMING OF THE HOME mediaries, and (2) support NRC partnerships MORTGAGE DEDUCTION with State and local legal organizations and carbon emissions, creating green jobs, organizations described in section 501(c)(3) of protecting consumers, increasing clean SEC. 301. DEDUCTION FOR POINTS ON HOME the Internal Revenue Code of 1986 and ex- renewable energy production, and mod- MORTGAGE REFINANCING ALLOWED empt from tax under section 501(a) of that ernizing our energy infrastructure, and IN YEAR PAID. Code with demonstrated relevant legal expe- to amend the Internal Revenue Code of (a) IN GENERAL.—Paragraph (2) of section rience in home foreclosure law, as such expe- 1986 to provide tax incentives for the 461(g) of the Internal Revenue Code of 1986 rience is determined by the Chief Executive production of renewable energy and en- (relating to prepaid interest) is amended— Officer of NRC: Provided further, That for (1) by striking ‘‘This subsection’’ and in- the purpose of the prior proviso the term ergy conservation; which was ordered serting the following: ‘‘relevant experience’’ means experience rep- to lie on the table; as follows: ‘‘(A) IN GENERAL.—This subsection’’, and resenting homeowners in negotiations and or At the appropriate place, insert the fol- (2) by adding at the end the following new legal proceedings aimed at preventing or lowing: subparagraph: mitigating foreclosure or providing legal re- SEC. ll. EXTENSION OF MOVING TO WORK DEM- ‘‘(B) EXCEPTION FOR CERTAIN search and technical legal expertise to com- ONSTRATION AGREEMENT. REFINANCINGS.— munity based organizations whose goal is to (a) IN GENERAL.—Notwithstanding any ‘‘(i) IN GENERAL.—This subsection shall not reduce, prevent, or mitigate foreclosure: other provision of law, the Secretary of apply to points paid— Provided further, That of the amounts pro- Housing and Urban Development (in this sec- ‘‘(I) in respect of indebtedness secured by vided for in the prior provisos the NRC shall tion referred to as the ‘‘Secretary’’) shall ex- such residence resulting from the refi- give priority consideration to counseling tend the effective period of the Moving to nancing of indebtedness meeting the require- intermediaries and legal organizations that Work Demonstration Agreement entered ments of the subparagraph (A), and (1) provide legal assistance in the 100 metro- into between the Philadelphia Housing Au- ‘‘(II) before January 1, 2011.

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — SENATE S2759

‘‘(ii) LIMITATION.—Clause (i) shall apply the refinancing to the extent that the in- ‘‘(i) subsection (a)(2)(D)(i) (relating to pro- only to the extent the amount of the indebt- debtedness resulting from the refinancing ceeds must be used within 42 months of date edness resulting from such refinancing does does not exceed the refinanced indebtedness. of issuance) shall be applied by substituting not exceed the sum of— ‘‘(iii) ADJUSTMENT FOR INFLATION.—In the ‘12-month period’ for ‘42-month period’ each ‘‘(I) the amount of the refinanced indebted- case of any calendar year beginning after place it appears, ness, plus 2008, the $10,000 amount under clause (ii)(II) ‘‘(ii) subsection (d) (relating to 3-year re- ‘‘(II) the lesser of $10,000 or the points paid shall be increased by an amount equal to— quirement) shall not apply, and in respect of the indebtedness resulting from ‘‘(I) such dollar amount, multiplied by ‘‘(iii) subsection (e) (relating to purchase the refinancing to the extent that the in- ‘‘(II) the cost-of-living adjustment deter- price requirement) shall be applied by using debtedness resulting from the refinancing mined under section 1(f)(3) for the calendar the market value of the residence at the does not exceed the refinanced indebtedness. year in which the taxable year begins, deter- time of refinancing in lieu of the acquisition ‘‘(iii) ADJUSTMENT FOR INFLATION.—In the mined by substituting ‘calendar year 2007’ cost. case of any calendar year beginning after for ‘calendar year 1992’ in subparagraph (B) ‘‘(C) QUALIFIED SUBPRIME LOAN.—The term 2008, the $10,000 amount under clause (ii)(II) thereof. ‘qualified subprime loan’ means an adjust- shall be increased by an amount equal to— If any amount as adjusted under the pre- able rate single-family residential mortgage ‘‘(I) such dollar amount, multiplied by ceding sentence is not a multiple of $100, loan originated after December 31, 2001, and ‘‘(II) the cost-of-living adjustment deter- such amount shall be rounded to the next before January 1, 2008, that the bond issuer mined under section 1(f)(3) for the calendar nearest multiple of $100.’’. determines would be reasonably likely to year in which the taxable year begins, deter- (2) CONFORMING AMENDMENT.—The heading cause financial hardship to the borrower if mined by substituting ‘calendar year 2007’ of paragraph (2) of section 461(g) of such Code not refinanced. for ‘calendar year 1992’ in subparagraph (B) is amended by striking ‘‘EXCEPTION’’ and in- ‘‘(D) TERMINATION.—This paragraph shall thereof. serting ‘‘EXCEPTIONS’’. not apply to any bonds issued after Decem- ber 31, 2010.’’. If any amount as adjusted under the pre- (3) EFFECTIVE DATE.—The amendments (b) USE OF ADDITIONAL VOLUME CAP FOR ceding sentence is not a multiple of $100, made by this subsection shall apply to PURCHASES OF CERTAIN HOMES DAMAGED BY such amount shall be rounded to the next amounts paid in taxable years beginning HURRICANES KATRINA, RITA, AND WILMA.— nearest multiple of $100.’’. after December 31, 2007. (b) OFFSET.—There is hereby rescinded 100 Subparagraph (B) of section 146(d)(5) of the (b) CONFORMING AMENDMENT.—The heading Internal Revenue Code of 1986, as added by of paragraph (2) of section 461(g) of such Code percent of budget authority provided for the appropriations in titles III and IV. subsection (d), is amended by striking clause is amended by striking ‘‘EXCEPTION’’ and in- (ii) and inserting the following: serting ‘‘EXCEPTIONS’’. Ms. LANDRIEU submitted ‘‘(ii) QUALIFIED PURPOSE.—For purposes of (c) EFFECTIVE DATE.—The amendments SA 4499. this paragraph, the term ‘qualified purpose’ made by this section shall apply to amounts an amendment intended to be proposed means— paid in taxable years beginning after Decem- to amendment SA 4404 proposed by Ms. ‘‘(I) the issuance of exempt facility bonds ber 31, 2007. LANDRIEU to the amendment SA 4387 used solely to provide qualified residential submitted by Mr. DODD (for himself and SA 4498. Mr. BUNNING submitted an rental projects, or Mr. SHELBY) to the bill H.R. 3221, mov- ‘‘(II) an issuance described in clause (iii). amendment intended to be proposed to ing the United States toward greater ‘‘(iii) CERTAIN QUALIFIED MORTGAGE amendment SA 4395 submitted by Mr. energy independence and security, de- ISSUES.—A issuance is describe in this clause BUNNING and intended to be proposed to veloping innovative new technologies, if such issuance is a qualified mortgage the amendment SA 4387 proposed by reducing carbon emissions, creating issue, determined— Mr. DODD (for himself and Mr. SHELBY) green jobs, protecting consumers, in- ‘‘(I) by substituting ‘12-month period’ for to the bill H.R. 3221, moving the United creasing clean renewable energy pro- ‘42-month period’ each place it appears in States toward greater energy independ- duction, and modernizing our energy section 143(a)(2)(D)(i), and ence and security, developing innova- infrastructure, and to amend the Inter- ‘‘(II) in the case of a qualified residence, without regard to section 143(d). tive new technologies, reducing carbon nal Revenue Code of 1986 to provide tax ‘‘(iv) QUALIFIED RESIDENCE.—For purposes emissions, creating green jobs, pro- incentives for the production of renew- of clause (iii), the term ‘qualified residence’ tecting consumers, increasing clean re- able energy and energy conservation; means any residence— newable energy production, and mod- which was ordered to lie on the table; ‘‘(I) located in the Gulf Opportunity Zone ernizing our energy infrastructure, and as follows: (as defined in section 1400M(1)) and damaged to amend the Internal Revenue Code of In lieu of the matter proposed to be in- or rendered uninhabitable by reason of Hur- 1986 to provide tax incentives for the serted, insert the following: ricane Katrina, production of renewable energy and en- (a) USE OF QUALIFIED MORTGAGE BONDS ‘‘(II) located in the Rita GO Zone (as de- PROCEEDS FOR REFINANCING SUBPRIME LOANS fined in section 1400M(3)) and damaged or ergy conservation; which was ordered AND CERTAIN RESIDENCES AFFECTED BY THE rendered uninhabitable by reason of Hurri- to lie on the table; as follows: 2005 HURRICANES.—Section 143(k) of the In- cane Rita, or In lieu of the matter proposed to be in- ternal Revenue Code of 1986 (relating to ‘‘(III) located in the Wilma GO Zone (as de- serted, insert the following: other definitions and special rules) is amend- fined in section 1400M(5)) and damaged or SEC. lll. DEDUCTION FOR POINTS ON HOME ed by adding at the end the following new rendered uninhabitable by reason of Hurri- MORTGAGE REFINANCING ALLOWED paragraph: cane Wilma.’’. IN YEAR PAID. ‘‘(12) SPECIAL RULES FOR CERTAIN (c) EMERGENCY DESIGNATION RELATED TO (a) DEDUCTION.— REFINANCINGS.— SUBSECTIONS (a) AND (b).—For purposes of (1) IN GENERAL.—Paragraph (2) of section ‘‘(A) IN GENERAL.—Notwithstanding the re- Senate enforcement, all provisions of sub- 461(g) of the Internal Revenue Code of 1986 quirements of subsection (i)(1), the proceeds sections (a) and (b) are designated as emer- (relating to prepaid interest) is amended— of a qualified mortgage issue may be used to gency requirements and necessary to meet (A) by striking ‘‘This subsection’’ and in- refinance a mortgage which— emergency needs pursuant to section 204 of serting the following: ‘‘(i) is a mortgage on a residence and which S. Con. Res. 21 (110th Congress), the concur- ‘‘(A) IN GENERAL.—This subsection’’, and was originally financed by the mortgagor rent resolution on the budget for fiscal year (B) by adding at the end the following new through a qualified subprime loan, or 2008. subparagraph: ‘‘(ii) is a mortgage on a residence— (d) INCREASED VOLUME CAP FOR CERTAIN ‘‘(B) EXCEPTION FOR CERTAIN ‘‘(I) located in the Gulf Opportunity Zone BONDS.— REFINANCINGS.— (as defined in section 1400M(1)) and damaged ‘‘(i) IN GENERAL.—This subsection shall not or rendered uninhabitable by reason of Hur- SA 4500. Ms. LANDRIEU submitted apply to points paid— ricane Katrina, an amendment intended to be proposed ‘‘(I) in respect of indebtedness secured by ‘‘(II) located in the Rita GO Zone (as de- to amendment SA 4448 submitted by such residence resulting from the refi- fined in section 1400M(3)) and damaged or Ms. LANDRIEU and intended to be pro- nancing of indebtedness meeting the require- rendered uninhabitable by reason of Hurri- posed to the amendment SA 4387 pro- ments of the subparagraph (A), and cane Rita, or posed by Mr. DODD (for himself and Mr. ‘‘(II) before January 1, 2011. ‘‘(III) located in the Wilma GO Zone (as de- SHELBY) to the bill H.R. 3221, moving ‘‘(ii) LIMITATION.—Clause (i) shall apply fined in section 1400M(5)) and damaged or the United States toward greater en- only to the extent the amount of the indebt- rendered uninhabitable by reason of Hurri- ergy independence and security, devel- edness resulting from such refinancing does cane Wilma. oping innovative new technologies, re- not exceed the sum of— ‘‘(B) SPECIAL RULES.—In applying this ‘‘(I) the amount of the refinanced indebted- paragraph to any case in which the proceeds ducing carbon emissions, creating ness, plus of a qualified mortgage issue are used for green jobs, protecting consumers, in- ‘‘(II) the lesser of $10,000 or the points paid any refinancing described in subparagraph creasing clean renewable energy pro- in respect of the indebtedness resulting from (A)— duction, and modernizing our energy

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2760 CONGRESSIONAL RECORD — SENATE April 8, 2008 infrastructure, and to amend the Inter- able energy and energy conservation; (b) FAIR MARKET VALUE EVENT.—Sub- nal Revenue Code of 1986 to provide tax which was ordered to lie on the table; section (c) of section 907 is amended by add- incentives for the production of renew- as follows: ing at the end the following new paragraph: ‘‘(6) FAIR MARKET VALUE EVENT.—For pur- able energy and energy conservation; At the end, add the following: poses of this section, the term ‘fair market which was ordered to lie on the table; Subtitle C—Revenue Provisions value event’ means, with respect to any min- as follows: SEC. 831. LIMITATION OF DEDUCTION FOR IN- eral, the first point in time at which such On page 2, beginning on line 16, strike COME ATTRIBUTABLE TO DOMESTIC mineral— through page 3, line 21, and insert the fol- PRODUCTION OF OIL, GAS, OR PRI- ‘‘(A) has a fair market value which can be MARY PRODUCTS THEREOF. lowing: determined on the basis of a transfer, which (a) DENIAL OF DEDUCTION FOR MAJOR INTE- ‘‘(ii) a residence that is damaged as a re- GRATED OIL COMPANIES FOR INCOME ATTRIB- is an arm’s length transaction, of such min- sult of Hurricane Katrina, or Hurricane Rita, UTABLE TO DOMESTIC PRODUCTION OF OIL, eral from the taxpayer to a person who is not and that has been sold or transferred to the GAS, OR PRIMARY PRODUCTS THEREOF.— related (within the meaning of section 482) to State of Louisiana or an agency or political (1) IN GENERAL.—Subparagraph (B) of sec- such taxpayer, or subdivision thereof as a result of such dam- tion 199(c)(4) (relating to exceptions) is ‘‘(B) is at a location at which the fair mar- age. amended by striking ‘‘or’’ at the end of ket value is readily ascertainable by reason INGLE-FAMILY.—For purposes of sub- ‘‘(B) S clause (ii), by striking the period at the end of transactions among unrelated third par- paragraph (A)(ii), the term ‘single-family’ in- of clause (iii) and inserting ‘‘, or’’, and by in- ties with respect to the same mineral (tak- cludes 2, 3, or 4 family residences one unit of serting after clause (iii) the following new ing into account source, location, quality, which was occupied by the owner of the units clause: and chemical composition).’’. at the time of the occurrence of the damage ‘‘(iv) in the case of any major integrated (c) SPECIAL RULE FOR CERTAIN PETROLEUM described in such subparagraph. oil company (as defined in section TAXES.—Subsection (c) of section 907, as ‘‘(C) CERTIFICATION.— 167(h)(5)(B)), the production, refining, proc- amended by subsection (b), is amended to by ‘‘(i) NEW PREVIOUSLY UNOCCUPIED RESI- essing, transportation, or distribution of oil, adding at the end the following new para- DENCE.—In the case of an eligible single-fam- gas, or any primary product thereof during graph: ily residence described in subparagraph any taxable year described in section ‘‘(7) OIL AND GAS TAXES.—In the case of any (A)(i)(II)(aa), no credit shall be allowed 167(h)(5)(B).’’. tax imposed by a foreign country which is under this section unless the purchaser sub- (2) PRIMARY PRODUCT.—Section 199(c)(4)(B) limited in its application to taxpayers en- mits a certification by the seller of such resi- is amended by adding at the end the fol- gaged in oil or gas activities— dence that such residence meets the require- lowing flush sentence: ‘‘(A) the term ‘oil and gas extraction taxes’ ments of such subparagraph. ‘‘For purposes of clause (iv), the term ‘pri- shall include such tax, ‘‘(ii) RESIDENCE TRANSFERRED AS A RESULT mary product’ has the same meaning as ‘‘(B) the term ‘foreign oil and gas extrac- OF HURRICANE.—In the case of an eligible sin- when used in section 927(a)(2)(C), as in effect tion income’ shall include any taxable in- gle-family residence described in subpara- before its repeal.’’. come which is taken into account in deter- graph (A)(ii), no credit shall be allowed (b) LIMITATION ON OIL RELATED QUALIFIED mining such tax (or is directly attributable under this section unless the purchaser sub- PRODUCTION ACTIVITIES INCOME FOR TAX- to the activity to which such tax relates), mits a certification by the State of Lou- PAYERS OTHER THAN MAJOR INTEGRATED OIL and isiana or by the appropriate agency or sub- COMPANIES.— ‘‘(C) the term ‘foreign oil related income’ division thereof that such residence meets (1) IN GENERAL.—Section 199(d) is amended shall not include any taxable income which the requirements of such subparagraph.’’. by redesignating paragraph (9) as paragraph is treated as foreign oil and gas extraction (b) EMERGENCY DESIGNATION.—For purposes (10) and by inserting after paragraph (8) the income under subparagraph (B).’’. of Senate enforcement, all provisions of this following new paragraph: (d) CONFORMING AMENDMENTS.— section are designated as emergency require- ‘‘(9) SPECIAL RULE FOR TAXPAYERS WITH OIL (1) Subparagraph (C) of section 907(c)(1), as ments and necessary to meet emergency RELATED QUALIFIED PRODUCTION ACTIVITIES IN- redesignated by this section, is amended by needs pursuant to section 204 of S. Con. Res. COME.— inserting ‘‘or used by the taxpayer in the ac- 21 (110th Congress), the concurrent resolu- ‘‘(A) IN GENERAL.—If a taxpayer (other tivity described in subparagraph (B)’’ before tion on the budget for fiscal year 2008. than a major integrated oil company (as de- the period at the end. (c) SPECIAL RULE FOR RESIDENCES TRANS- fined in section 167(h)(5)(B))) has oil related (2) Subparagraph (B) of section 907(c)(2) is FERRED AS A RESULT OF HURRICANE DAM- qualified production activities income for amended to read as follows: AGE.—Section 25E, as added by subsection (a) any taxable year beginning after 2009, the ‘‘(B) so much of the transportation of such and amended by subsection (d), is amended amount of the deduction under subsection (a) minerals or primary products as is not taken by adding at the end of subsection (f) of such shall be reduced by 3 percent of the least of— into account under paragraph (1)(B),’’. section the following: ‘‘(i) the oil related qualified production ac- ‘‘(4) HOMES TRANSFERRED AS A RESULT OF tivities income of the taxpayer for the tax- (e) EFFECTIVE DATE.—The amendments HURRICANE.—In the case of a qualified prin- able year, made by this section shall apply to taxable cipal residence described in subsection ‘‘(ii) the qualified production activities in- years beginning after the date of the enact- (c)(2)(A)(ii)— come of the taxpayer for the taxable year, or ment of this Act. ‘‘(A) LIMITATION BASED ON INCOME.—No ‘‘(iii) taxable income (determined without credit shall be allowed under this section if regard to this section). SA 4502. Mr. FEINGOLD (for himself the taxpayer’s adjusted gross income for the ‘‘(B) OIL RELATED QUALIFIED PRODUCTION and Mr. KOHL) submitted an amend- taxable year exceeds $50,000 ($100,000 in the ACTIVITIES INCOME.—The term ‘oil related ment intended to be proposed to case of a joint return). qualified production activities income’ amendment SA 4467 submitted by Mr. ‘‘(B) RECAPTURE PERIOD.—Subsection (e) means for any taxable year the qualified pro- ENSIGN and intended to be proposed to shall be applied by substituting ‘36 months’ duction activities income which is attrib- for ‘24 months’.’’. utable to the production, refining, proc- the bill H.R. 3221, moving the United (d) DEFINITION OF PRINCIPAL RESIDENCE; essing, transportation, or distribution of oil, States toward greater energy independ- SPECIAL RULES.—Section 25E, as added by gas, or any primary product thereof during ence and security, developing innova- subsection (a), is amended by adding at the such taxable year.’’. tive new technologies, reducing carbon end the following: (2) CONFORMING AMENDMENT.—Section emissions, creating green jobs, pro- 199(d)(2) (relating to application to individ- tecting consumers, increasing clean re- SA 4501. Mr. GREGG submitted an uals) is amended by striking ‘‘subsection amendment intended to be proposed to newable energy production, and mod- (a)(1)(B)’’ and inserting ‘‘subsections (a)(1)(B) ernizing our energy infrastructure, and amendment SA 4419 proposed by Mr. and (d)(9)(A)(iii)’’. ENSIGN to the amendment SA 4387 sub- (c) EFFECTIVE DATE.—The amendments to amend the Internal Revenue Code of mitted by Mr. DODD (for himself and made by this section shall apply to taxable 1986 to provide tax incentives for the years beginning after December 31, 2008. Mr. SHELBY) to the bill H.R. 3221, mov- production of renewable energy and en- ing the United States toward greater SEC. 832. CLARIFICATION OF DETERMINATION ergy conservation; which was ordered OF FOREIGN OIL AND GAS EXTRAC- to lie on the table; as follows: energy independence and security, de- TION INCOME. veloping innovative new technologies, (a) IN GENERAL.—Paragraph (1) of section On page 15, strike lines 5 through 8, and in- reducing carbon emissions, creating 907(c) of this amended by redesignating sub- sert the following: green jobs, protecting consumers, in- paragraph (B) as subparagraph (C), by strik- (1) IN GENERAL.—Section 451(i)(3) (defining creasing clean renewable energy pro- ing ‘‘or’’ at the end of subparagraph (A), and qualifying electric transmission transaction) by inserting after subparagraph (A) the fol- is amended by striking ‘‘before January 1, duction, and modernizing our energy lowing new subparagraph: 2008’’ and inserting ‘‘by a taxpayer which is infrastructure, and to amend the Inter- ‘‘(B) so much of any transportation of such an electric utility (as defined in section 3(22) nal Revenue Code of 1986 to provide tax minerals as occurs before the fair market of the Federal Power Act (16 U.S.C. 796(22)) incentives for the production of renew- value event, or’’. before January 1, 2010’’.

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — SENATE S2761 SA 4503. Mr. FEINGOLD (for himself ‘‘(II) the amount of the credit in effect heading and inserting ‘‘SMALL ETHANOL PRO- and Mr. KOHL) submitted an amend- under subsection (b)(4) at the time of such DUCER’’. ment intended to be proposed to production. (B) Subparagraph (E) of section 40(d)(3), as amendment SA 4419 proposed by Mr. ‘‘(C) QUALIFIED CELLULOSIC BIOFUEL PRO- redesignated by paragraph (1), is amended by DUCTION.—For purposes of this section, the striking ‘‘or (C)’’ and inserting ‘‘(C), or (D)’’. ENSIGN to the amendment SA 4387 sub- term ‘qualified cellulosic biofuel production’ (d) BIOFUEL PRODUCED IN THE UNITED mitted by Mr. DODD (for himself and means any cellulosic biofuel which during STATES.—Section 40(d) is amended by adding Mr. SHELBY) to the bill H.R. 3221, mov- the taxable year— at the end the following new paragraph: ing the United States toward greater ‘‘(i) is sold by the taxpayer to another per- ‘‘(6) SPECIAL RULE FOR CELLULOSIC BIOFUEL energy independence and security, de- son— PRODUCER CREDIT.—No cellulosic biofuel pro- veloping innovative new technologies, ‘‘(I) for use by such other person in the pro- ducer credit shall be determined under sub- duction of a qualified cellulosic biofuel mix- section (a) with respect to any cellulosic reducing carbon emissions, creating biofuel unless such cellulosic biofuel is pro- green jobs, protecting consumers, in- ture in such other person’s trade or business (other than casual off-farm production), duced in the United States.’’. creasing clean renewable energy pro- ‘‘(II) for use by such other person as a fuel (e) WAIVER OF CREDIT LIMIT FOR CEL- duction, and modernizing our energy in a trade or business, or LULOSIC BIOFUEL PRODUCTION BY SMALL ETH- infrastructure, and to amend the Inter- ‘‘(III) who sells such cellulosic biofuel at ANOL PRODUCERS.—Section 40(b)(4)(C) is nal Revenue Code of 1986 to provide tax retail to another person and places such cel- amended by inserting ‘‘(determined without incentives for the production of renew- lulosic biofuel in the fuel tank of such other regard to any qualified cellulosic biofuel pro- person, or duction’’ after ‘‘15,000,000 gallons’’. able energy and energy conservation; (f) EFFECTIVE DATE.—The amendments ‘‘(ii) is used or sold by the taxpayer for any which was ordered to lie on the table; made by this section shall apply to fuel pro- as follows: purpose described in clause (i). duced after December 31, 2007. The qualified cellulosic biofuel production of SEC. 832. EXTENSION AND MODIFICATION OF On page 14, strike lines 18 through 21, and any taxpayer for any taxable year shall not insert the following: CREDIT FOR BIODIESEL AND RE- include any alcohol which is purchased by NEWABLE DIESEL USED AS FUEL. (1) IN GENERAL.—Section 451(i)(3) (defining the taxpayer and with respect to which such (a) EXTENSION.— qualifying electric transmission transaction) producer increases the proof of the alcohol (1) INCOME TAX CREDITS FOR BIODIESEL AND is amended by striking ‘‘before January 1, by additional distillation. RENEWABLE DIESEL AND SMALL AGRI-BIODIESEL 2008’’ and inserting ‘‘by a taxpayer which is ‘‘(D) QUALIFIED CELLULOSIC BIOFUEL MIX- PRODUCER CREDIT.—Section 40A(g) (relating an electric utility (as defined in section 3(22) TURE.—For purposes of this paragraph, the to termination) is amended by striking ‘‘De- of the Federal Power Act (16 U.S.C. 796(22)) term ‘qualified cellulosic biofuel mixture’ cember 31, 2008’’ and inserting ‘‘December 31, before January 1, 2010’’. means a mixture of cellulosic biofuel and 2010 (December 31, 2012, in the case of the any petroleum fuel product which— credit allowed by reason of subsection SA 4504. Mr. THUNE submitted an ‘‘(i) is sold by the person producing such amendment intended to be proposed to (a)(3))’’. mixture to any person for use as a fuel, or (2) EXCISE TAX CREDIT.—Section 6426(c)(6) amendment SA 4419 proposed by Mr. ‘‘(ii) is used as a fuel by the person pro- (relating to termination) is amended by ENSIGN to the amendment SA 4387 sub- ducing such mixture. striking ‘‘2008’’ and inserting ‘‘2010’’. mitted by Mr. DODD (for himself and ‘‘(E) CELLULOSIC BIOFUEL.— (3) FUELS NOT USED FOR TAXABLE PUR- Mr. SHELBY) to the bill H.R. 3221, mov- ‘‘(i) IN GENERAL.—The term ‘cellulosic POSES.—Section 6427(e)(5)(B) (relating to ter- ing the United States toward greater biofuel’ has the meaning given such term mination) is amended by striking ‘‘2008’’ and energy independence and security, de- under section 168(l)(3), but does not include inserting ‘‘2010’’. any alcohol with a proof of less than 150. veloping innovative new technologies, (b) MODIFICATION OF CREDIT FOR RENEW- ‘‘(ii) DETERMINATION OF PROOF.—The deter- ABLE DIESEL.—Section 40A(f) (relating to re- reducing carbon emissions, creating mination of the proof of any alcohol shall be newable diesel) is amended by adding at the green jobs, protecting consumers, in- made without regard to any added dena- end the following new paragraph: creasing clean renewable energy pro- turants. ‘‘(4) SPECIAL RULE FOR CO-PROCESSED RE- duction, and modernizing our energy ‘‘(F) ALLOCATION OF CELLULOSIC BIOFUEL NEWABLE DIESEL.—In the case of a taxpayer infrastructure, and to amend the Inter- PRODUCER CREDIT TO PATRONS OF COOPERA- which produces renewable diesel through the nal Revenue Code of 1986 to provide tax TIVE.—Rules similar to the rules under sub- co-processing of biomass and petroleum at incentives for the production of renew- section (g)(6) shall apply for purposes of this any facility, this subsection shall not apply paragraph. able energy and energy conservation; to so much of the renewable diesel produced ‘‘(G) APPLICATION OF PARAGRAPH.—This at such facility and sold or used during the which was ordered to lie on the table; paragraph shall apply with respect to quali- taxable year in a mixture described in sub- as follows: fied cellulosic biofuel production after De- section (b)(1)(B) as exceeds 60,000,000 gal- At the end add the following: cember 31, 2007, and before April 1, 2015.’’. lons.’’. Subtitle C—Biofuels (2) TERMINATION DATE NOT TO APPLY.—Sub- (c) MODIFICATION RELATING TO DEFINITION section (e) of section 40 (relating to termi- OF AGRI-BIODIESEL.—Paragraph (2) of section SEC. 831. CREDIT FOR PRODUCTION OF CEL- LULOSIC BIOFUEL. nation) is amended— 40A(d) (relating to agri-biodiesel) is amended by striking ‘‘and mustard seeds’’ and insert- (a) IN GENERAL.—Subsection (a) of section (A) by inserting ‘‘or subsection (b)(6)(G)’’ ing ‘‘mustard seeds, and camelina’’. 40 (relating to alcohol used as fuel) is amend- after ‘‘by reason of paragraph (1)’’ in para- (d) ELIGIBILITY OF CERTAIN AVIATION ed by striking ‘‘plus’’ at the end of paragraph graph (2), and FUEL.—Section 40A(f)(3) (defining renewable (2), by striking the period at the end of para- (B) by adding at the end the following new paragraph: diesel) is amended by adding at the end the graph (3) and inserting ‘‘, plus’’, and by add- following new flush sentence: ing at the end the following new paragraph: ‘‘(3) EXCEPTION FOR CELLULOSIC BIOFUEL PRODUCER CREDIT.—Paragraph (1) shall not ‘‘The term ‘renewable diesel’ also means ‘‘(4) the cellulosic biofuel producer cred- fuel derived from biomass (as defined in sec- it.’’. apply to the portion of the credit allowed under this section by reason of subsection tion 45K(c)(3)) using a thermal (b) CELLULOSIC BIOFUEL PRODUCER CRED- depolymerization process which meets the IT.— (a)(4).’’. (c) BIOFUEL NOT USED AS A FUEL, ETC.— requirements of a Department of Defense (1) IN GENERAL.—Subsection (b) of section specification for military jet fuel or an 40 is amended by adding at the end the fol- (1) IN GENERAL.—Paragraph (3) of section 40(d) is amended by redesignating subpara- American Society of Testing and Materials lowing new paragraph: specification for aviation turbine fuel.’’. ‘‘(6) CELLULOSIC BIOFUEL PRODUCER CRED- graph (D) as subparagraph (E) and by insert- ing after subparagraph (C) the following new (e) EFFECTIVE DATES.—The amendments IT.— made by this section shall apply to fuel sold subparagraph: ‘‘(A) IN GENERAL.—The cellulosic biofuel or used after the date of the enactment of ‘‘(D) CELLULOSIC BIOFUEL PRODUCER CRED- producer credit of any taxpayer is an amount this Act. equal to the applicable amount for each gal- IT.—If— lon of qualified cellulosic biofuel production. ‘‘(i) any credit is allowed under subsection SA 4505. Mrs. MURRAY submitted an ‘‘(B) APPLICABLE AMOUNT.—For purposes of (a)(4), and amendment intended to be proposed by subparagraph (A), the applicable amount ‘‘(ii) any person does not use such fuel for a purpose described in subsection (b)(6)(C), her to the bill H.R. 3221, moving the means the excess of— United States toward greater energy ‘‘(i) $1.25, over then there is hereby imposed on such person independence and security, developing ‘‘(ii) the sum of— a tax equal to the applicable amount for ‘‘(I) the amount of the credit in effect for each gallon of such cellulosic biomass innovative new technologies, reducing alcohol which is ethanol under subsection biofuel.’’. carbon emissions, creating green jobs, (b)(1) (without regard to subsection (b)(3)) at (2) CONFORMING AMENDMENTS.— protecting consumers, increasing clean the time of the qualified cellulosic biofuel (A) Subparagraph (C) of section 40(d)(3) is renewable energy production, and mod- production, plus amended by striking ‘‘PRODUCER’’ in the ernizing our energy infrastructure, and

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2762 CONGRESSIONAL RECORD — SENATE April 8, 2008 to amend the Internal Revenue Code of incentives for the production of renew- ‘‘(iv) QUALIFIED RESIDENCE.—For purposes 1986 to provide tax incentives for the able energy and energy conservation; of clause (iii), the term ‘qualified residence’ production of renewable energy and en- which was ordered to lie on the table; means any residence— ergy conservation; which was ordered as follows: ‘‘(I) located in the Gulf Opportunity Zone (as defined in section 1400M(1)) and damaged to lie on the table; as follows: In lieu of the matter proposed to be in- or rendered uninhabitable by reason of Hur- At the end of the amendment, insert the serted, insert the following: ricane Katrina, following: (a) USE OF QUALIFIED MORTGAGE BONDS ‘‘(II) located in the Rita GO Zone (as de- Notwithstanding any other provision of fined in section 1400M(3)) and damaged or this Act, the amount appropriated under sec- PROCEEDS FOR REFINANCING SUBPRIME LOANS rendered uninhabitable by reason of Hurri- tion 301(a) of this Act shall be $3,900,000,000 AND CERTAIN RESIDENCES AFFECTED BY THE cane Rita, or and the amount appropriated under section 2005 HURRICANES.—Section 143(k) of the In- ‘‘(III) located in the Wilma GO Zone (as de- 401 of this Act shall be $200,000,000 and the in- ternal Revenue Code of 1986 (relating to fined in section 1400M(5)) and damaged or crease in volume cap for certain bonds under other definitions and special rules) is amend- rendered uninhabitable by reason of Hurri- section 602(b)(1) of this Act, shall be as fol- ed by adding at the end the following new cane Wilma.’’. lows: paragraph: ‘‘(12) SPECIAL RULES FOR CERTAIN (c) EMERGENCY DESIGNATION RELATED TO SA 4506. Mrs. MURRAY submitted an REFINANCINGS.— SUBSECTIONS (a) AND (b).—For purposes of amendment intended to be proposed by ‘‘(A) IN GENERAL.—Notwithstanding the re- Senate enforcement, all provisions of sub- her to the bill H.R. 3221, moving the quirements of subsection (i)(1), the proceeds sections (a) and (b) are designated as emer- United States toward greater energy of a qualified mortgage issue may be used to gency requirements and necessary to meet refinance a mortgage which— emergency needs pursuant to section 204 of independence and security, developing ‘‘(i) is a mortgage on a residence and which S. Con. Res. 21 (110th Congress), the concur- innovative new technologies, reducing was originally financed by the mortgagor rent resolution on the budget for fiscal year carbon emissions, creating green jobs, through a qualified subprime loan, or 2008. protecting consumers, increasing clean ‘‘(ii) is a mortgage on a residence— (d) INCREASED VOLUME CAP FOR CERTAIN renewable energy production, and mod- ‘‘(I) located in the Gulf Opportunity Zone BONDS.— ernizing our energy infrastructure, and (as defined in section 1400M(1)) and damaged to amend the Internal Revenue Code of or rendered uninhabitable by reason of Hur- ricane Katrina, SA 4509. Mr. SANDERS submitted an 1986 to provide tax incentives for the amendment intended to be proposed to production of renewable energy and en- ‘‘(II) located in the Rita GO Zone (as de- fined in section 1400M(3)) and damaged or amendment SA 4429 submitted by Mr. ergy conservation; which was ordered rendered uninhabitable by reason of Hurri- ALEXANDER (for himself and Mr. KYL) to lie on the table; as follows: cane Rita, or to the amendment SA 4419 proposed by In lieu of the matter proposed to be in- ‘‘(III) located in the Wilma GO Zone (as de- Mr. ENSIGN to the bill H.R. 3221, mov- serted by said amendment, insert the fol- fined in section 1400M(5)) and damaged or lowing: ing the United States toward greater rendered uninhabitable by reason of Hurri- energy independence and security, de- Notwithstanding any other provision of cane Wilma. this Act, the amount appropriated under sec- ‘‘(B) SPECIAL RULES.—In applying this veloping innovative new technologies, tion 301(a) of this Act shall be $3,900,000,000 paragraph to any case in which the proceeds reducing carbon emissions, creating and the amount appropriated under section of a qualified mortgage issue are used for green jobs, protecting consumers, in- 401 of this Act shall be $200,000,000. any refinancing described in subparagraph creasing clean renewable energy pro- SA 4507. Mrs. MURRAY submitted an (A)— duction, and modernizing our energy ‘‘(i) subsection (a)(2)(D)(i) (relating to pro- amendment intended to be proposed to infrastructure, and to amend the Inter- ceeds must be used within 42 months of date nal Revenue Code of 1986 to provide tax amendment SA 4478 submitted by Mrs. of issuance) shall be applied by substituting MURRAY (for herself, Mr. SCHUMER, incentives for the production of renew- ‘12-month period’ for ‘42-month period’ each able energy and energy conservation; Mr. CASEY, and Mr. BROWN) to the place it appears, amendment SA 4387 submitted by Mr. ‘‘(ii) subsection (d) (relating to 3-year re- which was ordered to lie on the table; DODD (for hime1f and Mr. SHELBY) to quirement) shall not apply, and as follows: the bill H.R. 3221, moving the United ‘‘(iii) subsection (e) (relating to purchase In lieu of the matter proposed to be in- States toward greater energy independ- price requirement) shall be applied by using serted, insert the following: the market value of the residence at the ence and security, developing innova- (c) MAXIMUM INSURED MORTGAGE LOAN time of refinancing in lieu of the acquisition RATE.—Notwithstanding any other provision tive new technologies, reducing carbon cost. emissions, creating green jobs, pro- of law, the annual percentage rate applicable ‘‘(C) QUALIFIED SUBPRIME LOAN.—The term to any loan that is insured tecting consumers, increasing clean re- ‘qualified subprime loan’ means an adjust- newable energy production, and mod- able rate single-family residential mortgage ernizing our energy infrastructure, and loan originated after December 31, 2001, and SA 4510. Mr. SANDERS submitted an to amend the Internal Revenue Code of before January 1, 2008, that the bond issuer amendment intended to be proposed to 1986 to provide tax incentives for the determines would be reasonably likely to amendment SA 4419 proposed by Mr. production of renewable energy and en- cause financial hardship to the borrower if ENSIGN to the amendment SA 4387 sub- ergy conservation; which was ordered not refinanced. mitted by Mr. DODD (for himself and ‘‘(D) TERMINATION.—This paragraph shall Mr. SHELBY) to the bill H.R. 3221, mov- to lie on the table; as follows: not apply to any bonds issued after Decem- Strike all after the word ‘‘amount’’ the ber 31, 2010.’’. ing the United States toward greater first time it appears, and insert the fol- energy independence and security, de- (b) USE OF ADDITIONAL VOLUME CAP FOR lowing: veloping innovative new technologies, PURCHASES OF CERTAIN HOMES DAMAGED BY ‘‘appropriated under section 301(a) of this HURRICANES KATRINA, RITA, AND WILMA.— reducing carbon emissions, creating Act shall be $3,899,000,000 and the amount ap- Subparagraph (B) of section 146(d)(5) of the green jobs, protecting consumers, in- propriated under section 401 of this Act shall Internal Revenue Code of 1986, as added by creasing clean renewable energy pro- be $201,000,000.’’ subsection (d), is amended by striking clause duction, and modernizing our energy SA 4508. Ms. LANDRIEU submitted (ii) and inserting the following: infrastructure, and to amend the Inter- an amendment intended to be proposed ‘‘(ii) QUALIFIED PURPOSE.—For purposes of nal Revenue Code of 1986 to provide tax this paragraph, the term ‘qualified purpose’ incentives for the production of renew- to amendment SA 4404 proposed by Ms. means— LANDRIEU to the amendment SA 4387 ‘‘(I) the issuance of exempt facility bonds able energy and energy conservation; submitted by Mr. DODD (for himself and used solely to provide qualified residential which was ordered to lie on the table; Mr. SHELBY) to the bill H.R. 3221, mov- rental projects, or as follows: ing the United States toward greater ‘‘(II) an issuance described in clause (iii). In lieu of the matter proposed to be in- energy independence and security, de- ‘‘(iii) CERTAIN QUALIFIED MORTGAGE serted, insert the following: ISSUES.—A issuance is describe in this clause veloping innovative new technologies, (c) MAXIMUM INSURED MORTGAGE LOAN if such issuance is a qualified mortgage reducing carbon emissions, creating RATE.—Notwithstanding any other provision green jobs, protecting consumers, in- issue, determined— of law, the annual percentage rate applicable ‘‘(I) by substituting ‘12-month period’ for to any loan that is insured creasing clean renewable energy pro- ‘42-month period’ each place it appears in duction, and modernizing our energy section 143(a)(2)(D)(i), and infrastructure, and to amend the Inter- ‘‘(II) in the case of a qualified residence, SA 4511. Mr. SANDERS submitted an nal Revenue Code of 1986 to provide tax without regard to section 143(d). amendment intended to be proposed to

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — SENATE S2763 amendment SA 4423 proposed by Mr. SANDERS to the amendment SA 4387 to the amendment SA 4387 submitted NELSON of Florida (for himself and Mr. submitted by Mr. DODD (for himself and by Mr. DODD (for himself and Mr. SHEL- COLEMAN) to the amendment SA 4387 Mr. SHELBY) to the bill H.R. 3221, mov- BY) to the bill H.R. 3221, moving the submitted by Mr. DODD (for himself and ing the United States toward greater United States toward greater energy Mr. SHELBY) to the bill H.R. 3221, mov- energy independence and security, de- independence and security, developing ing the United States toward greater veloping innovative new technologies, innovative new technologies, reducing energy independence and security, de- reducing carbon emissions, creating carbon emissions, creating green jobs, veloping innovative new technologies, green jobs, protecting consumers, in- protecting consumers, increasing clean reducing carbon emissions, creating creasing clean renewable energy pro- renewable energy production, and mod- green jobs, protecting consumers, in- duction, and modernizing our energy ernizing our energy infrastructure, and creasing clean renewable energy pro- infrastructure, and to amend the Inter- to amend the Internal Revenue Code of duction, and modernizing our energy nal Revenue Code of 1986 to provide tax 1986 to provide tax incentives for the infrastructure, and to amend the Inter- incentives for the production of renew- production of renewable energy and en- nal Revenue Code of 1986 to provide tax able energy and energy conservation; ergy conservation; which was ordered incentives for the production of renew- which was ordered to lie on the table; to lie on the table; as follows: able energy and energy conservation; as follows: In lieu of the matter proposed to be in- which was ordered to lie on the table; In lieu of the matter proposed to be in- serted, insert the following: (c) MAXIMUM INSURED MORTGAGE LOAN as follows: serted, insert the following: RATE.—Notwithstanding any other provision (c) MAXIMUM INSURED MORTGAGE LOAN In lieu of the matter proposed to be in- of law, the annual percentage rate applicable RATE.—Notwithstanding any other provision serted, insert the following: to any loan that is insured (c) MAXIMUM INSURED MORTGAGE LOAN of law, the annual percentage rate applicable RATE.—Notwithstanding any other provision to any loan that is insured f of law, the annual percentage rate applicable AUTHORITY FOR COMMITTEES TO SA 4515. Mr. SANDERS submitted an to any loan that is insured MEET amendment intended to be proposed to SA 4512. Mr. SANDERS submitted an amendment SA 4478 submitted by Mrs. COMMITTEE ON ARMED SERVICES amendment intended to be proposed to MURRAY (for herself, Mr. SCHUMER, Mr. Mr. BAUCUS. Mr. President, I ask amendment SA 4433 submitted by Mrs. CASEY, and Mr. BROWN) to the amend- unanimous consent that the Com- LINCOLN (for Ms. SNOWE) to the amend- ment SA 4387 submitted by Mr. DODD mittee on Armed Services be author- ment SA 4387 submitted by Mr. DODD (for himself and Mr. SHELBY) to the bill ized to meet during the session of the (for himself and Mr. SHELBY) to the bill H.R. 3221, moving the United States to- Senate on Tuesday, April 8, 2008, at 9:30 H.R. 3221, moving the United States to- ward greater energy independence and a.m., in open session to receive testi- ward greater energy independence and security, developing innovative new mony on the situation in Iraq and security, developing innovative new technologies, reducing carbon emis- progress made by the Government of technologies, reducing carbon emis- sions, creating green jobs, protecting Iraq in meeting benchmarks and sions, creating green jobs, protecting consumers, increasing clean renewable achieving reconciliation. consumers, increasing clean renewable energy production, and modernizing The PRESIDING OFFICER. Without energy production, and modernizing our energy infrastructure, and to objection, it is so ordered. our energy infrastructure, and to amend the Internal Revenue Code of COMMITTEE ON COMMERCE, SCIENCE, AND amend the Internal Revenue Code of 1986 to provide tax incentives for the TRANSPORTATION 1986 to provide tax incentives for the production of renewable energy and en- Mr. BAUCUS. Mr. President, I ask production of renewable energy and en- ergy conservation; which was ordered unanimous consent that the Com- ergy conservation; which was ordered to lie on the table; as follows: mittee on Commerce, Science, and Transportation be authorized to meet to lie on the table; as follows: In lieu of the matter proposed to be in- during the session of the Senate on In lieu of the matter proposed to be in- serted, insert the following: serted, insert the following: (c) MAXIMUM INSURED MORTGAGE LOAN Tuesday, April 8, 2008, at 10 a.m., in (c) MAXIMUM INSURED MORTGAGE LOAN RATE.—Notwithstanding any other provision room 253 of the Russell Senate Office RATE.—Notwithstanding any other provision of law, the annual percentage rate applicable Building. of law, the annual percentage rate applicable to any loan that is insured The PRESIDING OFFICER. Without to any loan that is insured objection, it is so ordered. Mr. SANDERS submitted an SA 4516. COMMITTEE ON COMMERCE, SCIENCE, AND SA 4513. Mr. SANDERS submitted an amendment intended to be proposed to TRANSPORTATION amendment intended to be proposed to amendment SA 4421 proposed by Mr. Mr. BAUCUS. Mr. President, I ask amendment SA 4404 proposed by Ms. CARDIN (for himself and Mr. ENSIGN) to unanimous consent that the Com- LANDRIEU to the amendment SA 4387 the amendment SA 4387 submitted by mittee on Commerce, Science, and submitted by Mr. DODD (for himself and Mr. DODD (for himself and Mr. SHELBY) Transportation be authorized to meet Mr. SHELBY) to the bill H.R. 3221, mov- to the bill H.R. 3221, moving the United during the session of the Senate on ing the United States toward greater States toward greater energy independ- Tuesday, April 8, 2008, at 2:30 p.m., in energy independence and security, de- ence and security, developing innova- room 253 of the Russell Senate Office veloping innovative new technologies, tive new technologies, reducing carbon Building. reducing carbon emissions, creating emissions, creating green jobs, pro- The PRESIDING OFFICER. Without green jobs, protecting consumers, in- tecting consumers, increasing clean re- objection, it is so ordered. creasing clean renewable energy pro- newable energy production, and mod- COMMITTEE ON FINANCE duction, and modernizing our energy ernizing our energy infrastructure, and Mr. BAUCUS. Mr. President, I ask infrastructure, and to amend the Inter- to amend the Internal Revenue Code of unanimous consent that the Com- nal Revenue Code of 1986 to provide tax 1986 to provide tax incentives for the mittee on Finance be authorized to incentives for the production of renew- production of renewable energy and en- meet during the session of the Senate able energy and energy conservation; ergy conservation; which was ordered on Tuesday, April 8, 2008 at 10 a.m., in which was ordered to lie on the table; to lie on the table; as follows: room 215 of the Dirksen Senate Office as follows: In lieu of the matter proposed to be in- Building, to conduct a hearing entitled In lieu of the matter proposed to be in- serted, insert the following: ‘‘S. 970, the Iran Counter-Proliferation serted, insert the following: (c) MAXIMUM INSURED MORTGAGE LOAN Act of 2007.’’ (c) MAXIMUM INSURED MORTGAGE LOAN RATE.—Notwithstanding any other provision The PRESIDING OFFICER. Without of law, the annual percentage rate applicable RATE.—Notwithstanding any other provision objection, it is so ordered. of law, the annual percentage rate applicable to any loan that is insured to any loan that is insured COMMITTEE ON FOREIGN RELATIONS SA 4517. Mr. SANDERS submitted an Mr. BAUCUS. Mr. President, I ask SA 4514. Mr. SANDERS submitted an amendment intended to be proposed to unanimous consent that the Com- amendment intended to be proposed to amendment SA 4401 submitted by Mr. mittee on Foreign Relations be author- amendment SA 4384 proposed by Mr. SANDERS (for himself and Mr. DURBIN) ized to meet during the session of the

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2764 CONGRESSIONAL RECORD — SENATE April 8, 2008 Senate on Tuesday, April 8, 2008, at 9:30 PRIVILEGES OF THE FLOOR For those of you who did not see the a.m., to hold a nomination hearing. Mr. BAUCUS. Mr. President, I ask game last night—and it started at 9 The PRESIDING OFFICER. Without unanimous consent that Ayesha p.m. and I know most Senators are objection, it is so ordered. Khanna, a detailee with the Finance probably asleep at 9 o’clock at night— COMMITTEE ON FOREIGN RELATIONS Committee staff, be allowed floor privi- trailing 60 to 51, with 2:12 seconds left Mr. BAUCUS. Mr. President, I ask leges today. in regulation, Kansas closed the second unanimous consent that the Com- The ACTING PRESIDENT pro tem- half with a 12–3 run, capped off by a mittee on Foreign Relations be author- pore. Without objection, it is so or- Mario Chalmers’ three-point basket, ized to meet during the session of the dered. with 2.1 seconds remaining to force Senate on Tuesday, April 8, 2008, at 2:30 f overtime. Kansas then outscored Mem- p.m., to hold a hearing on Iraq. phis 12 to 5 in overtime to claim its COMMENDING THE UNIVERSITY OF third national championship. The PRESIDING OFFICER. Without KANSAS MEN’S BASKETBALL objection, it is so ordered. As General Petraeus is here testi- TEAM FOR WINNING THE 2008 NA- fying before four committees in regard SELECT COMMITTEE ON INTELLIGENCE TIONAL COLLEGIATE ATHLETIC to national security and the war with Mr. BAUCUS. Mr. President, I ask ASSOCIATION (NCAA) DIVISION I Iraq, and when this Senate is consid- unanimous consent that the Select BASKETBALL CHAMPIONSHIP ering a housing bill and stimulus pack- Committee on Intelligence be author- Mr. DODD. Mr. President, I ask unan- age to help the economy, let us hope ized to meet during the session of the imous consent that the Senate now the example of the University of Kan- Senate, on April 8, 2008, at 2:30 p.m. to proceed to the consideration of S. Res. sas men’s basketball team, in regard to hold a closed hearing. 505, which was submitted earlier today. their perseverance and dedication, will The PRESIDING OFFICER. Without The PRESIDING OFFICER. The enable us to achieve our goals as well. objection, it is so ordered. clerk will report the resolution by If you listen hard, from the moun- SUBCOMMITTEE ON THE CONSTITUTION title. tains from which our acting Presiding Mr. BAUCUS. Mr. President, I ask The assistant legislative clerk read Officer is so familiar, from Montana unanimous consent that the Senate as follows: and further west, on to the high plains, Committee on the Judiciary, Sub- A resolution (S. Res. 505) commending the to the Midwest, across the Appalach- committee on the Constitution, be au- University of Kansas men’s basketball team ians, and clear to the east coast and thorized to meet during the session of for winning the 2008 National Collegiate Ath- our Nation’s capital—if you listen the Senate, to conduct a hearing enti- letic Association (NCAA) Division I basket- hard, you can hear that chant, ‘‘Rock ball championship. tled ‘‘The adequacy of Representation Chalk, Jayhawk, KU–U–U.’’ If we listen in Capital Cases’’ on Tuesday, April 8, There being no objection, the Senate hard, maybe we can work together, fol- 2008, at 10:15 a.m., in room SF–226 of proceeded to consider the resolution. low their example of perseverance and the Dirksen Senate Office Building. Mr. ROBERTS. Mr. President, it is unbelievable heroics to win the NCAA my privilege today to submit S. Res. championship. Thus, sayeth this cham- Witness List 505, along with Mr. BROWNBACK. It is pion of Kansas State athletics on be- Michael Greco, Former President of my hope it will be considered hot-lined half of the University of Kansas and the American Bar Association, Kirk- on both sides and passed later this their basketball team. patrick & Lockhart Preston Gates afternoon. Mr. DODD. Mr. President, I ask unan- Ellis, Boston, MA; Bryan Stevenson, This resolution is a commendation imous consent that the resolution be Executive Director, Equal Justice Ini- resolution on behalf of the University agreed to, the preamble be agreed to, tiative, Clinical Professor Law, New of Kansas Men’s Basketball Team for and the motions to reconsider be laid York University School of Law, Mont- winning the 2008 National Collegiate upon the table. gomery, AL; The Honorable Carolyn Athletic Association, NCAA, Division The PRESIDING OFFICER. Without Engel Temin, Senior Judge, Court of I, basketball championship as of last objection, it is so ordered. Common Pleas of the First Judicial night. The resolution (S. Res. 505) was This might be a little unique in that District of Pennsylvania, Philadelphia, agreed to. I am a graduate of Kansas State Uni- PA; Donald Verrilli, Partner, Jenner & The preamble was agreed to. versity, home of the ever-optimistic Block LLP, Washington, DC. The resolution, with its preamble, and fighting Wildcats. Sometimes we The PRESIDING OFFICER. Without reads as follows: are rivals. In this particular case, all of objection, it is so ordered. S. RES. 505 Kansas, including every K State fan, Whereas, on April 7th, 2008, the University SUBCOMMITTEE ON SEAPOWER stands in salute of the Jayhawks. It is Mr. BAUCUS. Mr. President, I ask of Kansas men’s basketball team won its clearly ‘‘Rock Chalk, Jayhawk’’ time third NCAA Division I Basketball Champion- unanimous consent that the Sub- in Kansas. ship and fifth national title with its 75–68 committee on Seapower of the Com- Mr. President, I will skip to the bot- overtime win over the University of Mem- mittee on Armed Services be author- tom line of the resolution, where it phis—on the twentieth anniversary of the ized to meet during the session of the says: historic win by the team led by Danny Man- Senate on Tuesday, April 8, 2008, at 2:30 Whereas, the families of the players, stu- ning known as ‘‘Danny and the Miracles’’; p.m., in open session to receive testi- dents, alumni, and faculty of the University Whereas, with this win the Jayhawks mony on Navy force structure require- of Kansas, and all the supporters of the Uni- achieved a school record for all-time season ments and programs to meet those re- versity of Kansas, are to be congratulated wins, posting a 37–3 win-loss record during for their commitment to, and pride in, the their run for the title, and finished the sea- quirements in review of the Defense au- son with a thirteen-game winning streak, se- thorization request for fiscal year 2009 basketball program at the university: Now, therefore be it resolved the Senate com- curing the Big XII Conference Championship and the future years defense program. mends the University of Kansas men’s bas- title after starting the season with a twenty- The PRESIDING OFFICER. Without ketball team for winning the 2008 NCAA Di- game undefeated record, in addition to the objection, it is so ordered. vision I Basketball Championship. 2008 NCAA Division I men’s basketball crown; SUBCOMMITTEE ON WATER AND POWER The Secretary of the Senate will Whereas, Head Coach Bill Self improved Mr. BAUCUS. Mr. President, I ask transmit enrolled copies of this resolu- his all-time record at Kansas to 142–32 and unanimous consent that the Sub- tion to the University of Kansas so 12–4 in the tournament assisted by a miracu- committee on Water and Power be au- they can display it; the chancellor of lous last-minute three-point shot by guard thorized to meet during the session of the university, Bob Hemenway, a great Mario Chalmers; the Senate to conduct a hearing on friend; the athletic director of the uni- Whereas, Kansas guard Mario Chalmers Tuesday, April 8, 2008, at 2:30 p.m., in versity, Lew Perkins; and the head was chosen as the Most Outstanding Player of the Final Four and was named to the all- room SD–366 of the Dirksen Senate Of- coach of the team, Bill Self, who tournament team along with guards Brandon fice Building. should remain at the University of Rush and Darrell Arthur; The PRESIDING OFFICER. Without Kansas. Those remarks were not pre- Whereas, each player, coach, trainer, and objection, it is so ordered. pared, but that is my advice. manager dedicated his or her time and effort

VerDate Aug 31 2005 04:50 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S08AP8.REC S08AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 8, 2008 CONGRESSIONAL RECORD — SENATE S2765 to ensuring that the Kansas Jayhawks The PRESIDING OFFICER. Without and, in so doing, serve the needs of the reached their goal of capturing a national objection, it is so ordered. United States Government and United championship; and The message of the President is as States industry. It is my hope that the Whereas, the families of the players, stu- follows: Senate will take early action on this dents, alumni, and faculty of the University of Kansas, and all the supporters of the Uni- To the Senate of the United States: matter and give its advice and consent versity of Kansas, are to be congratulated With a view to receiving the advice to ratification. for their commitment to, and pride in, the and consent of the Senate to ratifica- GEORGE W. BUSH. basketball program at the University: Now, tion, I transmit herewith the amend- THE WHITE HOUSE, April 8, 2008. therefore, be it Resolved, That the Senate— ments to the Constitution and Conven- f (1) commends the University of Kansas tion of the International Tele- men’s basketball team for winning the 2008 communication Union (Geneva, 1992), ORDERS FOR WEDNESDAY, APRIL NCAA Division I Basketball Championship; as amended by the Plenipotentiary 9, 2008 (2) recognizes the achievements of all of Conference (Kyoto, 1994) and the Pleni- Mr. DODD. Mr. President, I ask unan- the players, coaches, and support staff who potentiary Conference (Marrakesh, imous consent that when the Senate were instrumental in helping the University 2002), together with the declarations completes its business today, it stand of Kansas men’s basketball team win its and reservations by the United States, third NCAA Division I Basketball Champion- adjourned until 9:30 a.m. tomorrow, ship and fifth national championship; all as contained in the Final Acts of Wednesday, April 9; that following the (3) respectfully requests the Secretary of the Plenipotentiary Conference (An- prayer and the pledge, the Journal of the Senate to transmit enrolled copies of talya, 2006). I transmit also, for the in- proceedings be approved to date, the this resolution to— formation of the Senate, the report of morning hour be deemed expired, the (A) the University of Kansas for appro- the Department of State concerning time for the two leaders be reserved for priate display; the amendments. (B) the Chancellor of the University of use later in the day, the Senate then The Plenipotentiary Conference (An- proceed to a period of morning business Kansas, Robert Hemenway; talya, 2006) adopted amendments that, (C) the Athletic Director of the University for up to 60 minutes, with Senators of Kansas, Lew Perkins; among other things: clarify the func- permitted to speak for up to 10 minutes (D) the Head Coach of the University of tions of certain International Tele- each and the time equally divided and Kansas men’s basketball team, Bill Self. communication Union (ITU) officials controlled between the two leaders or f and bodies; reduce the frequency of cer- their designees, with the Republicans tain ITU conferences; clarify eligibility REMOVAL OF INJUNCTION OF SE- controlling the first half and the ma- for re-election to certain ITU positions; jority controlling the final half; that CRECY—TREATY DOCUMENT NO. enhance oversight of the ITU budget 110–16 following morning business, the Senate and provide for results-based (as well resume consideration of H.R. 3221, and Mr. DODD. Mr. President, as in exec- as cost-based) budget proposals; expand that all time during any morning busi- utive session, I ask unanimous consent the scale of available contribution lev- ness, recess, or adjournment of the that the injunction of secrecy be re- els for Member States and Sector Mem- Senate count postcloture. moved from the following treaty trans- bers; and, clarify the definition of and The PRESIDING OFFICER. Without mitted to the Senate on April 8, 2008, role of observers participating in ITU objection, it is so ordered. by the President of the United States: proceedings. Amendments to the Constitution and Consistent with longstanding prac- f Convention of the International Tele- tice in the ITU, the United States, in communication Union (Geneva, 1992), signing the 2006 amendments, made ADJOURNMENT UNTIL 9:30 A.M. (Treaty Document No. 110–16.) certain declarations and reservations. TOMORROW I further ask unanimous consent that Subject to those declarations and res- Mr. DODD. Mr. President, if there is the treaty be considered as having been ervations, I believe the United States no further business to come before the read the first time; that it be referred, should ratify the 2006 amendments to Senate, I ask unanimous consent that with accompanying papers, to the Com- the International Telecommunication it stand adjourned under the previous mittee on Foreign Relations and or- Union Constitution and Convention. order. dered to be printed, and that the Presi- These amendments will contribute to There being no objection, the Senate, dent’s message be printed in the the ITU’s ability to adapt to changes in at 6:35 p.m., adjourned until Wednes- RECORD. the global telecommunications sector day, April 9, 2008, at 9:30 a.m.

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FIVE YEARS OF WAR to 30,000 per year, based on Hussein’s bloody The question for Americans, ultimately, no track record and mismanagement of the longer is whether going to war made sense. country. Today, as we head toward the presidential HON. JANICE D. SCHAKOWSKY ‘‘When people talk about the cost of war, election, the question is whether we keep OF ILLINOIS as an economist, you have to ask, ‘In com- U.S. troops in Iraq or start bringing them IN THE HOUSE OF REPRESENTATIVES parison to what?’’’ said Kevin Murphy, one of back. the U. of C. economists. Tuesday, April 8, 2008 Based on governmental budget figures, sev- Though he faults President Bush for errors eral economists have put the cost of the Iraq Ms. SCHAKOWSKY. Madam Speaker, as in execution, he believes war was the better war at $12 billion a month. Stiglitz figures option. the actual cost probably is at least twice we mark the fifth anniversary of the ill-planned ‘‘I don’t hear Joe Stiglitz saying the best that. and ill-executed war in Iraq, I rise to draw thc world is the world where Saddam stays And putting a final fiscal argument to the House’s attention to two articles from the Chi- around as long as possible because it costs test, Stiglitz invokes a tenet of economics cago Tribune about the lasting damage done too much to make him leave,’’ Murphy said. He has a fair point. Stiglitz spends little that is hammered home at the U. of C. busi- by the conflict. ness school itself: The fallacy of the ‘‘sunk [From the Chicago Tribune, Mar. 16, 2008] time contemplating either the economic or moral consequences of allowing Hussein to cost.’’ BY ANY CALCULUS, WAR’S COST CRUEL: POLI- remain in power. Perhaps that is because People throw good money after bad, in TICS, MONEY, BLOOD—ALL SHOW A PAINFUL Stiglitz cannot take his eyes off the finan- hopes of recovering what they first invested, BOTTOM LINE cial and human catastrophe that is unfolding even though every new dollar just perpet- (By David Greising) before the nation’s eyes. uates a lost cause. It’s a cold calculus, trying to estimate the Bringing important new scholarship to the Five years into the war, Americans must cost of a war. book ‘‘The Three Trillion Dollar War: The decide whether we are caught up in a sunk- What is an Iraqi life worth? The life of an True Cost of the Iraq Conflict,’’ Stiglitz and cost fallacy. But in this case, the cost is not American GI? It’s no easier estimating the co-author Linda Bilmes spend little time counted just in dollars and cents. It is tallied value of removing Saddam Hussein from contemplating what-ifs. Instead they turn a in the impact on American security, and in power than it is calculating the sum cost of calculating eye to the economic con- the cost of American and Iraqi lives. lifetime health care for a host of disabled sequences of the American military inva- American soldiers. sion—and to the vital policy considerations [From the Chicago Tribune, Mar. 19, 2008] presented by both its financial and human When politicians talk about the war’s costs 5 YEARS AFTER: FLOWERS, RUINS; IRAQ’S costs. in terms of lives and treasure, they don’t TORN SOCIAL FABRIC MAY BE THE HARDEST There is the expected, grim accounting necessarily expect someone to actually pull ITEM TO MEND AS THE COUNTRY MAKES FIT- that any actuary might calculate. The cost out a spreadsheet and start running the FUL PROGRESS numbers. of 4,000 American troops’ lives, for example, (By Liz Sly) But that is what has happened with the runs to roughly $28 billion. War outlays have Iraq war. And as we approach the 5-year an- added $1 trillion to the national debt, and BAGHDAD.—On Baghdad’s battered streets, niversary of the initial March 20, 2003, could run to $2 trillion over time, the au- signs of the progress made over the past year ‘‘shock and awe’’ aerial assault on Baghdad, thors calculate. mingle uneasily with the debris of the vio- it is worth noting an important shift in the One of the most important calculations is lent upheaval that has torn Iraq apart over accounting of the conflict’s cost. an aspect of the war often ignored by the the past five years. Those who opposed the war are finding politicians and pundits who are not quite as The ubiquitous concrete blast walls that that the costs far exceeded anything they handy with a calculator as Stiglitz is: The seal off Sunni and Shiite neighborhoods and would have expected, or might have argued, staggering, long-term toll of veterans’ health protect government buildings serve as a re- at the time the conflict started. The most care, disability benefits and Social Security minder of the ever-present threat of suicide notable and authoritative such argument is disability pay. Add them up, and even in a bombings and sectarian violence. But they put forward by Nobel Prize-winning econo- best-case scenario they amount to $371 bil- have been brightly painted with flowers, ani- mist Joseph Stiglitz, who puts an eye-grab- lion, according to the authors’ calculations. mals and scenes of Iraqi life, bringing a Stiglitz expected his calculations would bing, ultimate bottom line on the seemingly splash of color to the decrepit, dusty streets. come under criticism, as they have. But he endless U.S. commitment to Iraq: at least $3 Freshly planted marigolds bloom along the said the larger purpose—putting some price trillion. That’s trillion, with a ‘‘T.’’ sidewalks, beside the wreckage of buildings tag on the war—is important. Those who argued during the run-up to war ‘‘The public ought to have some account- destroyed in air raids and suicide bombings that armed conflict would be more economi- ing of the costs,’’ he said in an interview. that still have not been rebuilt. cal than the cost of containing Hussein have ‘‘Obviously, after Pearl Harbor, you Many shopping streets and markets have shifted fields. Instead of arguing, as some wouldn’t sit down and say, ‘How are we going sprung back to life, rejuvenated by the im- once did, that America’s Iraq adventure to respond?’’’ Stiglitz said. ‘‘But this was a provements in security that have taken might actually turn a profit once the coun- war of choice. We didn’t have to go to war. place in recent months. In yet other neigh- try’s vast oil wealth began to flow, they now We had a choice of timing, and a choice of borhoods, whole streets have been emptied put forward a more nuanced argument. whether to go to war at all.’’ by the flight of more than 1.1 million On a purely fiscal basis, they now acknowl- The debate is not purely among econo- Baghdadis from their homes. edge, the war has been at best a wash. But mists, obviously. But even among political Compared with a year ago, the improve- looked at as a total package—taking into ac- scientists who supported the war, Stiglitz’s ments brought about by the surge of an extra count the benefits of removing a tyrant from view is starting to take hold. 30,000 U.S. troops are manifest. The U.S. power and thrusting Iraq into its post-Hus- Michael O’Hanlon, a security expert at the military says the violence is down to levels sein period, however bloody and chaotic— Brookings Institution who runs a project not seen since 2005, permitting a sense of they say armed intervention was still the that compiles all manner of data on present- normality to return to many areas. more attractive alternative. day Iraq—from military and civilian deaths A BROKEN COUNTRY A trio of University of Chicago economists to commodity costs to public opinion—said sought to estimate the cost of containing he cannot ignore the negatives: a huge in- But 5 years after the U.S.-led coalition Hussein had there been no U.S.-led invasion. crease in violence in Iraq, the lack of polit- launched the war that was to bring freedom, Their 2006 paper pegged it at $700 billion over ical stability, the inability to find weapons democracy and prosperity to a long-suffering an unspecified period of years. of mass destruction and oil prices at $110 a populace, Iraq remains a broken country, That estimate figures in the extra U.S. barrel. with no clear sense of when, how or even if military equipment and manpower that O’Hanlon supported the initial American it is going to be fixed. would have been needed to keep Hussein invasion, and he gave carefully delineated U.S. commanders are the first to acknowl- within his borders and keep his hands off Ku- backing to the troop surge a year ago. edge the enormity of the challenges that lie wait. It includes the cost of weapons inspec- Today, though, ‘‘common sense ultimately ahead. tion programs, of economic boycotts, of oil pushes me toward the Stiglitz view if I had ‘‘The gains are fragile and they are ten- that would remain in the ground and a rate to look at just the bottom line,’’ O’Hanlon uous and until they are cemented by na- of premature Iraqi deaths ranging from 10,000 said. tional reconciliation, by truly resolving the

∑ 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 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A08AP8.001 E08APPT1 wwoods2 on PRODPC68 with REMARKS E528 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 2008 big political questions that are necessary, by for the past 35 years and they want to get cated his efforts to developing a Web site truly getting the economy going again... their rights back, but with time and under- dedicated to providing information on service- until all of that happens, then understand- standing and reconciliation things might dog programs for those wounded in combat. ably what has been achieved on the ground change.’’ Madam Speaker, I am proud to honor the will be a bit fragile,’’ Gen. David Petraeus, But reconciliation is proving elusive. Even commander of U.S. forces in Iraq, said in an the mainstream Sunni National Accord service and dedication of SGT Ron Portillo for interview. Front, which has seats in Iraq’s parliament, his service in the Armed Forces, and his lead- The statistics tell the story of a nation refused to attend a ‘‘national reconciliation ership throughout the Henderson community. still a long way from recovery: About 60 per- conference’’ summoned Tuesday by Prime He is a remarkable individual, and I applaud cent of Iraqis lack access to clean drinking Minister Nouri al-Maliki. his efforts for serving our Nation and fellow water, and 4 million don’t get enough to eat, Many Iraqis question the Shiite-led gov- comrades throughout the Armed Forces. according to the United Nations. Electricity ernment’s commitment to reconciliation f is supposed to average 7 hours a day in Bagh- with its former Sunni foes. dad, but many areas still receive only 2 to 3 ‘‘The political leaders have no national vi- THE ‘‘TORTURE MEMO’’ AND THE hours a day. An estimated 151,000 Iraqis have sion,’’ said Saad al-Hadithi, a political sci- LAW died during the war, as have nearly 4,000 U.S. entist at Baghdad University. ‘‘Their goal is troops. to achieve benefits for their own specific And the biggest undertaking of all will be group, This is why they don’t want to share HON. MARK UDALL healing the sectarian divide that opened power or let anyone else in.’’ OF COLORADO wide and engulfed the country in bloodshed Petracus points to other recent gains, such IN THE HOUSE OF REPRESENTATIVES in 2006–07, after the attack on a holy Shiite as signs of improvement in the economy. Tuesday, April 8, 2008 shrine in Samarra, Petraeus said. ‘‘The difference over a year ago is very dra- ‘‘It did incredible damage to the social matic, there has been very substantial Mr. UDALL of Colorado. Madam Speaker, structure. I’m talking about the tearing of progress,’’ he said. ‘‘It does give a sense of this week the press reported the declassifica- the fabric of Iraqi society and I think that what might be if we can build on it and con- tion and public release of a Justice Depart- has probably been the most significant dam- tinue on the trajectory that we’ve seen now ment memo popularly known as the ‘‘torture age that has been sustained,’’ he said. ‘‘And for a good four or live months.’’ memo.’’ that is something that is going to take But in terms of repairing the country’s It’s news that the memo has been made torn social fabric, the task has hardly even years.’’ public, but, sadly, what it says comes as no Whether Iraq has the luxury of years to begun, he said. heal is in question. The extra troops of the ‘‘People say, have there been stitches put surprise. At least since the summer of 2004, ‘‘surge’’ are going home by July, and the back in that fabric? I’d say we’re just trying when it was reported in the press, the Amer- U.S. presidential election calls into doubt to line the fabric up and to just get the situ- ican people have known that after the Sep- the future strength of any force that re- ation calm enough so that the seamstress tember 11, 2001, terrorist attacks on New mains. can put a couple of stitches into it,’’ he said. York and Washington the Bush Justice De- Meanwhile, the two other factors that con- f partment advised other agencies that the tributed to the success of the surge, the President, when acting as commander-in- PAYING TRIBUTE TO SERGEANT Sunni revolt against Al Qaeda in Iraq and chief, is not bound to follow duly enacted Fed- the cease-fire declared by the Shiite Mahdi RON PORTILLO Army militia, cannot be counted on to en- eral laws. dure. After this was revealed, the Bush adminis- Far from ending the civil conflict, the de- HON. JON C. PORTER tration—preparing for the 2004 Presidential ployment of extra U.S. troops rather served OF NEVADA election—repudiated the memo. But it had to freeze it. IN THE HOUSE OF REPRESENTATIVES guided the administration for 22 months, and Neighborhoods have been pacified to a Tuesday, April 8, 2008 experts have claimed that its startling reading large extent because local feuding factions of the law and the constitution led to excesses concluded it was no longer in their interests Mr. PORTER. Madam Speaker, I rise today at Abu Ghraib and elsewhere. to continue fighting a beefed-up U.S. force, to honor SGT Ron Portillo for his leadership In 2005, Congress responded by enactment or in many instances because members of the and dedication to the Henderson community of the Detainee Treatment Act, which requires opposite sect were driven out altogether. and for his service with the Nevada Army Na- For many, the war’s chief legacy has been the defense department to follow the interro- one of disappointment. ‘‘I was expecting to tional Guard. gation guidelines in the Army Field Manual travel the world and now I can’t even go to SGT Ron Portillo joined the United States and which prohibits the ‘‘cruel, inhuman and Washash,’’ said Ammar Yahya, 33, referring Marines immediately after high school where degrading treatment or punishment of persons to a Baghdad neighborhood now controlled he volunteered for an extremely demanding under the detention, custody, or control of the by the Mahdi Army. reconnaissance unit. He completed 3 years United States Government.’’ CONCRETE WALLS with the Marines. After a short break from the I strongly supported those provisions, which He is a Sunni living in the troubled Dora Marines, Ron joined the United States Army, are often referred to as the ‘‘McCain amend- district, surrounded by the high concrete where he was selected for the Special Forces ment’ in recognition of their Senate author. walls that have helped secure many neigh- and served in the Persian Gulf War, working But when President Bush signed them into borhoods but which have also left commu- with small teams on high-risk missions. law, he issued a ‘‘signing statement’’ that nities isolated. Friends and relatives don’t Following the Gulf War, Ron moved his wife raises serious questions about whether he in- dare visit him, and he is reluctant to leave and six children from Fort Bragg, NC to Hen- tends to follow the law by suggesting that he because most journeys require traveling derson, NV where he became a successful through Shiite neighborhoods. intended to reserve the right to authorize pro- ‘‘We were so very happy when the Ameri- small business owner. After a few years, his hibited interrogation methods in some cases. cans came,’’ he said. ‘‘Now I wish we had oldest son decided to join the military, and Taken together, the memo and the signing stayed under Saddam’s tyranny.’’ after talking to recruiters, Ron himself decided statement clearly signal the Bush administra- An ABC poll of 2,200 Iraqis conducted for to re-enlist. Three months later, he was sent tion’s contempt for the rule of law. As the the fifth anniversary showed that 46 percent to Iraq as an active duty Special Forces sol- Rocky Mountain News says in an April 3 edi- now expect improvements in the coming dier. After a month into his deployment, Ron torial, ‘‘This was one step on the path to the year, up from 39 percent last August but still was reassigned to a Special Forces team in below the 69 percent who were optimistic in Bush administration’s unfortunate assertion, November 2005. And 55 percent now say their Fallujah. In March 2007, Ron suffered serious until the courts knocked it down, that the own lives are going well; that is down from injuries when his vehicle struck an IED while president had the power to snatch an Amer- 71 percent in late 2005. en route to provide support to Marines that ican citizen on U.S. soil and hold him incom- ‘‘Give it time,’’ said Said Hakki, a Shiite were pinned down in a firefight. municado in solitary confinement indefinitely, who returned from exile and now heads the While recovering at a hospital in Germany, without charge, trial or counsel.’’ Iraqi Red Crescent Organization. ‘‘Security Ron befriended a therapy dog, who visited him And the memo and the signing statement is just beginning to improve. I think the daily and assisted him with the healing proc- also show that the administration refuses to glass is more than half full. We’ve got cell ess. Ron was then transferred to the Brookes recognize that its contempt for the law will re- phones, satellite dishes, and how many new Army Medical Center in San Antonio, TX, and newspapers do we have? Under Saddam, ba- sult in placing every American, especially nanas were like a dream. was subsequently released in June 2007. Fol- those in uniform around the world, at grave ‘‘Iraq is a war zone. There are many dif- lowing his release Ron spent countless hours risk. ferent factions still settling their scores. The trying to find ways to partner therapy dogs I think we all should remember that, in the Shiites feel the Sunnis were harsh to them with wounded warriors. Ron has since dedi- words of the Colorado Springs Gazette, ‘‘In

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.004 E08APPT1 wwoods2 on PRODPC68 with REMARKS April 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E529 the larger struggle with jihadist terrorism and light some of the benefits of Federal trade- tional Marine Sanctuaries will protect a vital those tempted to support or harbor them, the mark registration. These exhibitors include the part of the California Coast and the upwelling perception that the United States has a certain American National Red Cross, Burberry, The zones, which form the basis of the fisheries in moral authority is invaluable. Moral authority Travelers Companies, Inc., Starmaker Prod- the Pacific Ocean. Expanding these bound- was a key factor in the long, twilight struggle ucts, Microsoft Corporation, Owens Corning, aries will also help to preserve these excep- with aggressive communism we call the Cold Callaway Golf Company, Caterpillar, Inc., tional underwater environments. We are the War. Using torture undermines that moral au- CMG Worldwide, NASCAR, YKK Corporation stewards of our oceans and coasts, and we thority.’’ of America, UPS, Bridgestone Firestone, the are failing them. The oceans belong to all the For the information of our colleagues, I am International Trademark Association, INTA, people of the United States, and we must pro- attaching the full text of the editorial in the and the International Anti-Counterfeiting Coali- tect them and manage them for everyone’s April 3 edition of the Rocky Mountain News. tion, IACC. best interest. [From the Rocky Mountain News, Apr. 3, The expo will emphasize the essential role Madam Speaker, with our oceans in crisis, 2008] the USPTO plays in approving Federal trade- the Sanctuaries are a beacon of hope for fu- NOT ABOVE THE LAW, DESPITE THE MEMO mark registrations. In a time of globalization, ture generations. I support H.R. 1187 and The Justice department has released the counterfeit goods pose an increasing threat to urge my colleagues to pass this bill. full text of the infamous 2003 ‘‘torture American businesses. Trademarks protect memo’’ brushing aside the legal restraints on f words, names, symbols, sounds, or colors that military interrogators. The memo, which A TRIBUTE TO JAMES YOO originated in the department’s Office of identify and distinguish the goods of one party Legal Counsel, argues that the president’s from those of others. The USPTO, an award- inherent powers in wartime overrode any winning leader in handling electronic filings, HON. JANICE D. SCHAKOWSKY federal law or international treaty, raising will showcase the impact of electronic filing OF ILLINOIS in the layman’s mind the point, Why bother and processing of trademark applications. IN THE HOUSE OF REPRESENTATIVES to have laws and treaties? I applaud the USPTO for its efforts to edu- Our government is supposed to be one of Tuesday, April 8, 2008 checks and balances but the Office of Legal cate the public on the role of trademarks dur- Counsel saw no check on the president’s pow- ing the National Trademark Expo, and I urge Ms. SCHAKOWSKY. Madam Speaker, I rise ers. The courts had no jurisdiction on what my colleagues to join me in recognizing the today to pay tribute to James Yoo, an incred- Americans did overseas and in any case USPTO at a time when trademarks and intel- ible man who has worked in my district office ‘‘Congress cannot interfere with the presi- lectual property rights play an increasingly im- as a constituent advocate for nearly 7 years, dent’s exercise of his authority as com- portant role in our global economy. and who, sadly for me, will soon be leaving. mander in chief to control operations during I want to first let others of my staff describe a war.’’ f This was one step on the path to the Bush what James has meant to them and to the GULF OF THE FARALLONES AND constituents of the ninth Congressional Dis- administration’s unfortunate assertion, until CORDELL BANK NATIONAL MA- the courts knocked it down, that the presi- trict. dent had the power to snatch an American RINE SANCTUARIES BOUNDARY Cathy Hurwit, Chief of Staff: When I think citizen on U.S. soil and hold him incommuni- MODIFICATION AND PROTECTION of James, I think of someone who has the cado in solitary confinement indefinitely, ACT strongest, most finely-turned moral compass without charge, trial or counsel. of anyone I know. It is evidenced in terms of SPEECH OF f his compassion and understanding of the problems facing our constituents—particu- EXPRESSING SUPPORT FOR THE HON. SAM FARR larly those caught up in a draconian immi- NATIONAL TRADEMARK EXPO OF CALIFORNIA gration system. In dealing with constituents, IN THE HOUSE OF REPRESENTATIVES he is always calm, professional and dedi- HON. JAMES P. MORAN Monday, March 31, 2008 cated—but in talking about the unfairness of the system and the indignities that so many OF VIRGINIA Mr. FARR. Madam Speaker, I rise in sup- faced, his moral outrage is evident. His sense IN THE HOUSE OF REPRESENTATIVES port of H.R. 1187, the Gulf of the Farallones of justice led him to law school to learn the Tuesday, April 8, 2008 and Cordell Bank National Marine Sanctuaries skills and get the degree necessary for him Mr. MORAN of Virginia. Madam Speaker, I Boundary Modification and Protection Act au- to represent them. But it also is evidenced in the way he deals with his colleagues and ev- rise today to express my support of the United thored by my friend Representative WOOLSEY. I am proud to say that I represent the 2nd eryone around him—modest about his own States Patent and Trademark Office’s National outstanding accomplishments but always Trademark Expo. After a 10-year hiatus, I am largest National Marine Sanctuary in the sys- willing to praise the efforts of and look out excited to join the USPTO in its efforts to rec- tem, which also includes the longest stretch of for others. ognize the vital role that trademarks play in coastline. I can attest to their value in preser- James is a role model—the standard of the global economy. vation of some of the most stunning what a constituent advocate should be. Fun This 3-day event, beginning on April 10, seascapes in the world and in education of the to be around, collegial and thoughtful. 2008 will turn the USPTO’s campus into a public. The Gulf of the Farallones and the Leslie Combs, District Director: James is ‘‘Trademark Theme Park,’’ featuring themed Cordell Bank National Marine Sanctuaries are such an integral, essential and special part adjacent to the Monterey Bay National Marine of our district office, that it truly is hard to displays, company booths, costumed char- imagine the office and team without him. He acters, and much more. During the expo, cos- Sanctuary, and they have national and inter- makes us all laugh daily with his dry sense tumed trademarked characters, including the national significance. These sanctuaries ex- of humor and his fascination with Malcolm Pillsbury Doughboy, Sprout, Hershey Kisses, ceed the biological productivity of tropical rain Jamal Warner (Theo on the Cosby Show). He and the Chocolate Bar will parade about the forests and support high levels of biological di- is an extraordinarily generous and compas- USPTO campus, and large inflatable char- versity. sionate person, both towards his colleagues acters including the ‘‘Cat in the Hat,’’ ‘‘Thomas The sanctuaries were established ‘‘to main- and the constituents who he has helped. the Train,’’ the ‘‘Jolly Green Giant,’’ and tain the natural biological communities in the James has helped over 2,600 constituents national marine sanctuaries, and to protect, since he started working for Representative ‘‘Shrek’’ will decorate the grounds. SCHAKOWSKY 7 years ago on July 1, 2001. He Trademarks are valuable symbols of quality and, where appropriate, restore and enhance has helped reunite families that have been in our increasingly competitive global market- natural habitats, populations, and ecological separated due to immigration backlogs. He place. On average, people are exposed to processes.’’ They are the ‘‘National Parks’’ of has helped explain the complicated nuances 1,500 trademarks each day and more than our ocean. As such, they were the first appli- of the immigration process to hundreds of 30,000 if they make a trip to the grocery store. cation of ecosystem-based management to families and to his fellow constituent advo- The exposition will feature celebrity trade- our oceans. This type of management is rec- cates. He has made sure that immigration marks, which are often subject to counter- ommended by the U.S. Commission on Ocean applications are processed quickly and that feiting, unusual trademarks, the evolution of Policy, which we in Congress created and people get their oath ceremonies and green cards. James is extremely intelligent, certain trademarks, the people behind the charged with the study of the state of the thoughtful, and warm, and he will be missed. names of trademarks, and century-old reg- oceans and the management of this shared, He is going to be an excellent immigration istered trademarks. valuable resource. lawyer. Exhibitors will include many of America’s The expansion of the boundaries of the Gulf Taina Rodriguez, Constituent Advocate: leading corporations, whose exhibits will high- of the Farrallones and the Cordell Bank Na- James ‘‘Malcolm Jamal Warner’’ Yoo James

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.006 E08APPT1 wwoods2 on PRODPC68 with REMARKS E530 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 2008 is definitely one of a kind. He has an out- with some truly great people in this office, Penn State University, Kim began teaching standing ability to see the good in a person. including James. music in the Catskills region of New York. He is supportive, caring, kind, honest, strong I also thank James for taking the time to During this time she was introduced to the and hopeful. His views on many issues are a train me on immigration these last few little nutty, but I never said he was perfect. weeks. He has been very patient and under- method of motivating students through musical He always tells me the truth, even when I standing with me. Though it was intense, I studies. Kim then relocated to Las Vegas and hate to hear it because chances are 9 out of believed at times that it was all too much at began a musical program for elementary 10 times he’s right. He told me once that he one time, and I felt as if I could never, ever, school students in the Clark County School hates it when people say ‘‘I can’t’’, and I find come close to taking on the role he has had District. that to be very inspirational. in this office and this community, James re- At William Lummis Elementary School, Kim James calls our relationship ‘‘love and assured me and helped me to believe that I holds extracurricular guitar classes, Honor hate’’ relationship, but I see it more of a big could take on this new role as a CA. brother, pain in the neck type of relation- Ann Limjoco, Suburban Director: I have Choir, and Percussion Ensemble classes in ship. (But in a very good way). Who is going had the privilege of working with James for the mornings before the start of the regular to lecture me about school and my study more than 6 years now. Over the last 6 years, school day. These free lessons are an oppor- habits, and who is going to lecture me about I have seen him become a master at immi- tunity for the students to expand upon their how I choose my dates! It’s very difficult to gration casework. He is the immigration normal schedules and learn something new see myself coming into the office and not guru in our office. James is the one we would and to develop an appreciation for the musical having James around. It’s going to be a sad all go to with any questions on immigration. arts. She encourages students to express day on April 11, 2008. However, I know that He was able to grasp such an understanding themselves creatively through the arts. he will go on and accomplish great things. of immigration law, more than any other Who knows, he might even get to meet Mal- Constituent Advocate I’ve seen in the last 6 Madam Speaker, I am proud to honor Kim colm Jamal Warner! years in this office. It is so fitting that he is Dotts, an inspirational teacher and motivator. Kim Muzeroll, Executive Assistant: James leaving this office to become an immigration Her dedication to the Clark County School is one of the most selfless and thoughtful lawyer. I think the time he has spent in this District is commendable, and I wish her and people I know. He is smart and he is savvy. office has prepared him to do this. her students continued success in their music He works under the radar but he is im- I can also call James a good friend. He is lessons. mensely effective. He doesn’t seek the spot- the type of person I can rely on at all times. light and he never wants credit for his ac- When I moved into my apartment in Glen- f complishments, but he deserves recognition view, James was right there helping me for his commitment to social justice and his move boxes into my parents’ minivan and PERSONAL EXPLANATION tireless work on behalf of the constituents of unloading them into my new place. We have the 9th Cong. district, Illinois, the nation also spent countless hours going out to din- and in fact the world. ner or having drinks. I will miss him greatly. HON. MARK UDALL Abbey Eusebio: The ninth congressional Not only will the constituents of the 9th OF COLORADO district has been lucky to have James Yoo as Congressional District be losing a great IN THE HOUSE OF REPRESENTATIVES a tireless advocate for almost a decade. He asset, but we will be losing a great co-work- worked with constituents one on one to as- er. However, I know our friendship will con- Tuesday, April 8, 2008 sist them with immigration matters and pro- tinue on and that we will keep in touch. I Mr. UDALL of Colorado. Madam Speaker, vided outreach to different ethnic groups in will miss working with him dearly! the district. James was the go-to person for Kris Sadur, Constituent Advocate: It’s on April 2nd I was unavoidably delayed and immigration matters and was a constituent been an honor to know and work with James unable to be present for three votes. Had I advocate that constituents and colleagues Yoo. His calm demeanor and steadfast dedi- been present, I would have voted as follows: could always count on. He set a high stand- cation to assisting our constituents is un- On rollcall No. 154, on ordering the previous ard for his colleagues for substantial and ef- wavering. He is an excellent and patient question on H. Res. 1605, providing for the ficient constituent service. He is a great role teacher, assisting all staff on the intricacies consideration of H.R. 5501, the Tom Lantos model and always kept the needs of constitu- of immigration and always willing to listen and Henry J. Hyde United States Global Lead- ents and the office as a priority. to questions regarding a case. I will miss his ership Against HIV/AIDS, Tuberculosis, and As a friend, James is like our big brother. sweet smile, composed nature and aston- He is a humble man who is down-to-earth ishing intelligence. We are losing an extraor- Malaria Reauthorization Act, I would have and has a great sense of humor. James was a dinary staff member and thoughtful advo- voted ‘‘no.’’ great asset to Team Schakowsky. We will be cate for constituents in the 9th Congres- I would have done so because defeating the very sad to see him go but know that he will sional District. previous question would have allowed the continue a career of advocacy as an immi- House to consider an amendment dealing with gration attorney. I join all of my staff in praising James for his Paola Castano, Constituent Advocate: remarkable service to our district and to the the appropriations earmark process. I support James is very knowledgeable and a great thousands of people he has helped. I will reforming that process and think that the source of information. I am always im- never be able to thank him enough for his ex- House should at least debate changes to it, al- pressed about the wealth of knowledge that traordinary work and for the standard of excel- though I reserve judgment on whether I would he has on various subjects. James is the type lence that he set for our office. I am confident have supported the specific language of the of person you can talk to about just about that James will continue to make this world a amendment since it was not debated. anything under the sun. And whenever we better place and a happier place to be. On rollcall No. 155, adoption of H. Res. would discuss subject matter that we weren’t 1605, I would have voted ‘‘yes.’’ exactly sure of, off to internet we went, and Though I will miss him in the office, I fully ex- it was Wikipedia once again to the rescue! If pect that he will never desert Team On rollcall No. 156, the Carson of Indiana it weren’t for Wikipedia, we would have Schakowsky. Amendment to H.R. 5501, I would have voted never learned the names of the 3 Chipettes f ‘‘yes.’’ (Brittany, Eleanor, and Jeanette), the Chip- On rollcall No. 157, the motion to recommit munk’s female counterparts. If we didn’t PAYING TRIBUTE TO KIM DOTTS H.R. 5501, I would have voted ‘‘no.’’ know that, then where would we be? On rollcall No. 158, passage of H.R. 5501, I am most grateful to him for other rea- I would have voted ‘‘yes.’’ sons too. When I started working in this of- HON. JON C. PORTER fice in December of 2006, it was taking me a OF NEVADA bit of time to adjust to all the transitions IN THE HOUSE OF REPRESENTATIVES f taking place within the office. However, the Tuesday, April 8, 2008 HONORING T.C. WILLIAMS CHAM- most difficult aspect for me, the thing that was holding me back was that I had just Mr. PORTER. Madam Speaker, I rise to PIONSHIP BASKETBALL TEAM come from an unpleasant work experience in honor the accomplishments and civic contribu- my previous law office job, so I wasn’t allow- tions of my friend, Kim Dotts, whose commit- HON. JAMES P. MORAN ing myself to warm up to my new sur- ment to her community and to the students of OF VIRGINIA roundings. However, from the very begin- the Clark County School District is an inspira- IN THE HOUSE OF REPRESENTATIVES ning, it was James who helped me to feel tion. very welcome and tried to make me feel like Tuesday, April 8, 2008 I was part of the office. I soon came to real- Kim graduated with honors from Penn State ize that if he was taking the time and mak- University in 1988 with a degree in music edu- Mr. MORAN of Virginia. Madam Speaker, I ing an effort to make me feel at home here, cation. While at school, she performed with rise today to honor the T.C. Williams men’s the least I could do was to try too. And be- the Penn State Singers, the Concert Choir, basketball team upon becoming this season’s cause of these efforts, I have made friends and the University Choir. After graduating from Virginia AAA state champions.

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.014 E08APPT1 wwoods2 on PRODPC68 with REMARKS April 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E531 Guided by Coach Ivan Thomas, on March the story was the same: physical abuse of against women, including spousal abuse the 15, 2008 at the Siegel Center in Richmond, women at the hands of their lovers is ramp- report charged. Violence against women was Virginia, the Titans ended Bethel High ant throughout the Caribbean. widespread, but many women were reluctant Admittedly, though, the problem is far to acknowledge or report abusive behavior, School’s 29-game winning streak, surging to a more serious in some places than in others. leading to wide variations in estimates of its commanding 70–57 victory and unprece- Take the case of Barbados, where the U.S. extent. dented 2nd state title. State Department human rights report de- Just as serious and complex was the report Led by a trio of sharpshooters, seniors Trav- scribed violence and abuse against women as on Trinidad and Tobago where abuse of is Berry, Anthony Winbush and junior Edward significant social problems. women was a matter of grave concern. Like Jenkins—who combined for 59 of the teams And they exist despite the presence of Jamaica, tough laws and programs to aid 70 points—the Titans started fast and never tough laws which impost stiff sentences on battered women are in existence in the twin- men, depending on the severity of the let up till the final buzzer sounded. The stifling island republic but there was a common charges. problem: cops are lax in enforcing the law. If T.C. team defense forced a whopping 20 turn- For instance, penalties can range from figures compiled by women’s groups are ac- overs, holding the opposition to only a 37 per- fines for a first time offenders (unless the in- curate between 20 to 25 percent of women in cent shooting percentage and less than 20 jury is serious) up to death penalty for a Trinidad and Tobago were victims of abuse. points in the first half. killing. While no figures existed in Haiti that Madam Speaker, T.C. Williams High School In between are prison terms for those who would give a indication of the depth of prob- has a proud tradition of excellence, both in the breach court-imposed restraining orders. But lem, what was clear was that it was a night- apart from physical abuse, there are the sex- classroom and on the athletic fields. I stand mare. For instance, a man who kills his wife ual offences, including spousal rate, for or her lover found in act of adultery in the today on the floor of the House, to salute the which the maximum penalty is life behind home wouldn’t be charged under the coun- entire T.C. Williams community—students, fac- bars. In 2007, about 63 rape cases, seven as- try’s criminal code. But a woman who mur- ulty, parents and fans—on this year’s unfor- saults with intent to rape and 30 cases of sex ders her spouse under similar circumstances gettable championship basketball season. May with a minor were reported to the police. would be hauled before the court, the State this victory inspire you to climb to even greater But women were not the only victims of vi- Department reported. heights in the road ahead. olence in the home. Children in Barbados too Although laws against domestic violence suffered, complained the State Department. were enacted, human rights activists de- f The abuse of women and children by lovers scribed domestic violence as both ‘‘common- DOMESTIC VIOLENCE, A SCOURGE and fathers was a serious issue in Belize. Do- place and underreported,’’ so much so that IN THE CARIBBEAN mestic violence, discrimination against Women’s Solidarity, a human rights body for women, sexual abuse of children, trafficking women, estimated that eight of every 10 Hai- in persons for sexual and labor exploitation, tian women were victims of domestic vio- HON. CHARLES B. RANGEL and child labor were also problems, as was lence. OF NEW YORK the way the report described the situation in Meanwhile, the problem of domestic vio- Caricom’s lone member-state in Central lence has seemingly spread from the West In- IN THE HOUSE OF REPRESENTATIVES America. The numbers tell much of the dies to Caribbean immigrant groups in New Tuesday, April 8, 2008 story: in the first six months of last year, York City. Both physical and verbal abuse is the Ministry of Health recorded 455 cases of said to be high in Brooklyn where Charles Mr. RANGEL. Madam Speaker. I would like domestic violence, of which 385 involved Hynes, Brooklyn District Attorney, has an to bring to your attention an article written on physical abuse of women and 67 were for sex- aggressive program to combat spousal abuse. domestic violence featured in the New York ual abuse. ‘‘We see it quite a lot among Caribbean im- CaribNews for the week ending March 25, The picture of violence against women was migrants,’’ said an official of the DA’s office. 2008 on ‘‘Domestic Violence, A Scourge in the worst in the Bahamas. For not only did the ‘‘But people from the Caribbean aren’t alone. Caribbean—Women Suffer at Men’s Hands in report term it ‘‘serious’’ and ‘‘widespread’’ Spousal abuse is prevalent in almost every Almost Every Country.’’ but warned it often ended in murder. immigrant community, whether they are Last year, 14 of the 79 homicides in the Ba- Domestic violence is an ill that plagues from Europe, Latin America or the Carib- hamas ‘‘were related to domestic violence.’’ bean.’’ many communities but is especially prevalent To add to the tragedy, Washington cited f in immigrant communities as highlighted by a complaints from women’s rights groups that recent State Department human rights report. law enforcement authorities were generally NATIONAL INTEGRATED COASTAL Domestic violence primarily affects women reluctant ‘‘to intervene in domestic dis- AND OCEAN OBSERVATION ACT and children and mostly girls. The violence is putes.’’ However, the State Department soft- OF 2008 often at the hands of fathers or male authority ened the blow by insisting that the ‘‘police figures in the family or community. recognized domestic violence as a high pri- SPEECH OF ority, provided specialized training for all in- Despite tougher laws and penalties, domes- coming officers and offered continuing train- HON. SAM FARR tic violence continues as a ‘‘significant social ing in domestic violence.’’ The sketch of OF CALIFORNIA problem.’’ Often victims of domestic violence Guyana didn’t include homicides but at the IN THE HOUSE OF REPRESENTATIVES are reluctant to report incidents of abuse due core was a triple whammy: violence, rape, in- Monday, March 31, 2008 to the stigmatism that it carries and fear of re- cluding spousal rape, and the trafficking of prisal from their abusers. Even more troubling women. Mr. FARR. Madam Speaker, I rise in sup- are the cases that go unreported because the In addition. Guyanese women face the port of H.R. 2342, the National Integrated added burden of a perception that some po- perception that law enforcement officers and Coastal and Ocean Observing Systems Act lice officers and magistrates could be bribed authored by my friend and fellow co-chair of magistrates can be bribed to make cases dis- to make cases of domestic violence go away. appear. Clearly there is much work to be done That’s not all. Despite the existence of the House Oceans Caucus, Representative in educating both victims and law enforcement laws designed to deal with the problem, the ALLEN. personnel on the serious effects of domestic report charged that the real headache was a The Integrated Ocean Observing System violence. failure to implement programs designed to has the following goals: To improve the safety Articles such as this are instrumental in rais- curb domestic violence. and efficiency of marine operations; to more Small wonder, then, that a leading NGO, effectively mitigate the effects of natural haz- ing public awareness of this critical problem; Help and Shelter, which handled 739 abuse and serves as a reminder that domestic vio- ards; to improve predictions of climate change cases of which 538 involved spousal abuse and its effects on coastal populations: to im- lence is problematic in both immigrant and against women in 2007 demanded sensitivity nonimmigrant communities. As a society, we training for magistrates and court staff to prove national security; to reduce public health have a moral obligation to educate and protect improve the handling of domestic violence. risks; to more effectively protect and restore our most vulnerable members. St. Vincent is another country where healthy coastal marine ecosystems: and to en- abuse of women is a hard and continuing fact U.S. STATE DEPARTMENT: DOMESTIC VIO- able the sustained use of marine resources. of life. A human rights organization there LENCE, A SCOURGE IN CARIBBEAN—WOMEN This bill will coordinate and manage the exist- charged that in far too many cases domestic SUFFER AT MEN’S HANDS IN ALMOST EVERY ing regional Ocean Observing Systems. violence went unpunished due to the culture COUNTRY In my district, the Central and Northern Cali- in which victims choose not to seek assist- fornia Ocean Observing System has proven (By Tony Best) ance from the police or the prosecution. It’s like a recurring decimal. In almost As for Jamaica, the situation there too invaluable in understanding and managing the every country, from Barbados, the Bahamas, could best be described as dismal, although ocean. The esoteric task of observing surface St. Vincent and Jamaica to Guyana, Ja- not as deadly as the Bahamas. Social and currents was indispensable in reacting and re- maica, Trinidad and Tobago, Belize and Haiti cultural traditions perpetuated violence sponding to the Cosco Busan oil spill in the

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.017 E08APPT1 wwoods2 on PRODPC68 with REMARKS E532 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 2008 San Francisco bay. The Central and Northern Lee’s friends and family considered him to hearing she spoke of her experience and also California Ocean Observing System assisted be a man of integrity, who enjoyed recounting ways to improve prevention methods, includ- in the spill tracking as well as using HF Radar stories about his life and his many experi- ing: peep holes and security latches on state- systems to provide real-time information on ences that he encountered as a resident of room doors; instituting sensitivity training for ocean currents to the response teams. They southern Nevada. He was revered as a walk- crew members: and ensuring more CCTV also provided information to and continue to ing historian because of his ability to recount cameras in hallways. collaborate with the NOAA Office of Response significant facts and details about the con- After the hearing, I introduced the Protect and Restoration, NOAA HAZMAT, NOAA struction of Hoover Dam. He told his accounts Americans from Crimes on Cruise Ships Res- Sanctuaries, and the Oil Spill Prevention and as a dam worker for countless documentaries. olution on September 17, 2007, with Reps. Response program. He enjoyed sharing those experiences with his CHRISTOPHER SHAYS and CAROLYN MALONEY. These systems are at the forefront of the friends and family alike. I also had the distinct The resolution now has over thirty cosponsors. science of understanding harmful algal pleasure of serving on the Boulder City Coun- The Transportation and Infrastructure Coast blooms, which affect human health and can cil with Lee’s son, Tim, and I greatly appre- Guard and Maritime Transportation Sub- cause fish kills. Ocean observing systems aid ciated the wealth of knowledge that Lee will- committee held a follow-up hearing on Sep- in the study of waterborne diseases and can ingly shared. tember 19, 2007. We heard from other victims provide vital information for navigation of ships Madam Speaker, I am proud to honor the who were raped or assaulted on cruise ships. and small boats. They also have national se- life and legacy of my friend Lee Tillman for his Laurie attended the full-day hearing and pro- curity implications. This set of Coordinated Re- integral work on the Hoover Dam, and his vided support for the women who testified and gional Ocean Observing Systems will improve years of community service throughout the their families. Since then she has continued to coastal monitoring and assist the Coast Guard Boulder City and the southern Nevada com- attend meetings with the cruise industry, pro- in their mission to secure our waters and to munity. Mr. Tillman was a historical force vide interviews and insight to our office on the provide search and rescue for those endan- throughout the community and he will be pro- progress, or lack thereof, of the cruise indus- gered at sea. foundly missed. tries safety standards. These Ocean Observing Systems are the f On April 8, 2008 Laurie testified in front of foundation we need to apply ecosystem-based the California State Senate regarding a bill to management of our oceans. This type of man- VICTIM’S RIGHTS AWARDS, LAU- require Ocean Rangers on cruise ships. agement and even this very system of Na- RIE DISHMAN UNSUNG HERO ‘‘These Ocean Rangers will help to make sure tional Integrated Ocean and Coastal Observ- AWARD RECIPIENT that there are trained personnel who can re- ing Systems is recommended by the U.S. spond to a reported crime, and that there is an Commission on Ocean Policy, which we in HON. DORIS O. MATSUI advocate for a crime victim who is not em- Congress created. The Joint Ocean Commis- OF CALIFORNIA ployed by the cruise lines. sion Initiative, created to continue to advise IN THE HOUSE OF REPRESENTATIVES I am also working on introducing it bi- Congress on the Ocean Commission’s sug- Tuesday, April 8, 2008 cameral, comprehensive cruise safety reform gestions, lists this as one of their chief prior- bill that is informed by two years of research ities. Ms. MATSUI. Madam Speaker, I am hon- and two Congressional hearings, but at its I cannot emphasize enough the need to ored to announce that my constituent, Laurie heart, addresses the concerns brought to our show our ocean stewardship now, so we can Dishman has been selected by the Victim’s office two years ago by Ms. Dishman. turn the tide on the dire consequences facing Rights Caucus to receive the Unsung Hero Laurie embodies the spirit of an unsung our oceans and Great Lakes. The oceans and Award. hero. She does all of this without acclaim, but the Great Lakes belong to all the people of the Laurie is a remarkable young woman, who because she feels compelled. Laurie has United States and it is our duty to ensure that found the strength and courage to fight on be- helped lead a campaign of awareness about we provide the coordination and the funding half of others after she was a victim of a vio- safety concerns on cruise ships. We all know necessary to protect these precious resources. lent crime on a cruise ship. Laurie shared her that crimes can only be prevented when we This is why I support H.R. 2342 which will re- story with me in a letter two years ago. are aware of the chance for them to occur. align and coordinate the existing Ocean Ob- As a passenger on board a ship operated Laurie has taken leadership and shown serving Systems. by Royal Caribbean, Laurie was raped by a strong determination throughout this ternble Madam Speaker, the effects of climate crew member. The story of her ordeal on the personal experience. I have been very proud change on the ocean are just beginning to be ship was shocking and the response by the to be by her side in this effort, to ensure safe- understood, while the ocean’s impact on the cruise industry was even more appalling. ty on cruise ships by informing the public of growing coastal population increases daily. Laurie was brave enough to report the inci- their risks. We need the Ocean Observing Systems in dent to the crew authorities, even though they Because of her visibility and strength, other order to understand and respond to the chal- treated her poorly and with little sensitivity. victims have been able to tell their stories. As lenges we are facing. I strongly support H.R. She also reported the crime to the FBI. Unfor- a result, we have been able to garner public 2342 and urge my colleagues to pass this bill. tunately, the U.S. Attorney’s office declined awareness and support for our efforts towards f the case or prosecution just four days later. oversight and better public policy. PAYING TRIBUTE TO LEE I have since learned that there have been I applaud Laurie for her heroic work during TILLMAN no convictions for rape cases on cruise lines these last two years. I nominated her for the in four decades. This statistic takes on a new Victim’s Rights Caucus Unsung Hero Award. It meaning through the lens of Laurie’s experi- is an honor to recognize her today for her im- HON. JON C. PORTER ence. OF NEVADA portant contributions to ensuring the safety of Laurie has devoted herself to a public IN THE HOUSE OF REPRESENTATIVES the over 10 million women and families across awareness campaign to ensure that the cruise the country that cruise each year. Tuesday, April 8, 2008 industry is held accountable for their lax secu- f Mr. PORTER. Madam Speaker, I rise today rity onboard cruise ships. to honor the life of my friend, Lee Tillman, who She has done television shows including A TRIBUTE TO CANTOR AVIVA passed away on December 15, 2007. The Montel Williams Show, the Morning Show, ROSENBLOOM Lee Tillman moved to Boulder City, NV, at Inside Edition, and numerous others. She also the age of 18, in 1931, and worked as a ball has done radio interviews for the BBC and HON. HENRY A. WAXMAN mill operator for the Hoover Dam during its other international news organizations to send OF CALIFORNIA construction. Mr. Tillman also worked as a out her message. As the focus of numerous IN THE HOUSE OF REPRESENTATIVES truck driver and an electrician during the con- expose pieces about safety concerns on struction of the Hoover Dam. He and his late cruise ships, Laurie was profiled for stories in Tuesday, April 8, 2008 wife, Norma, settled in Boulder City in 1939, the Los Angeles Times and the San Francisco Mr. WAXMAN. Madam Speaker, I rise today where they raised their family and subse- Chronicle. to recognize the extraordinary contributions of quently retired. He was the last known local She was also brave enough to testify at a Cantor Aviva Rosenbloom of Temple Israel of Hoover Dam construction worker to reside in Transportation and Infrastructure, Coast Guard Hollywood. Cantor Aviva will be retiring this the area at the time of his death. He was 94 and Maritime Transportation Subcommittee spring after 32 remarkable years of service to years old. hearing on Crimes on Cruise Ships. At the the Temple community. She will be honored at

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.021 E08APPT1 wwoods2 on PRODPC68 with REMARKS April 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E533 ‘‘Erev Aviva’’—Night of Aviva for her dedica- 11, 2008, Good Fulton & Farrell Architects will proud of what has been achieved and what I tion and inspiration during her lengthy and receive the Volunteer Group of the Year know will be achieved. I congratulate the truly iconic career. The community-wide cele- Award as the group leader of an Adopt-A- Lakota School District on a spectacular fifty bration will be an opportunity for us to thank Shoreline group. In the past year, they have years and I know another extraordinary fifty Cantor Aviva and express appreciation for the demonstrated their outstanding commitment in are still to come. contributions she has made to Temple Israel community service and financial contributions. f and the Los Angeles Jewish community at Their first month with For the Love of the Lake large. was January 2007 and despite the bitter cold TRIBUTE TO MATTHEW DANIELS, Cantor Aviva is only the second full-time weather, they showed with a positive attitude SENIOR AT FAYETTE COUNTY Cantor to have served Temple Israel in its 82- and a giving heart. It is individuals like these HIGH SCHOOL IN FAYETTEVILLE, year history. In fact, she was the first full-time that keep our communities strong and White GEORGIA Cantor to serve in the Los Angeles area. Rock Lake Park beautiful. I am proud to be Throughout her tenure, she has become part one of the many volunteers associated with HON. LYNN A. WESTMORELAND of the fabric of the Temple community. this group. OF GEORGIA She has a lively, warm and colorful pres- Madam Speaker, I ask my esteemed col- IN THE HOUSE OF REPRESENTATIVES ence. Her vibrant spirit and love for tradition is leagues to join me in recognizing For the Love Tuesday, April 8, 2008 infectious; her voice has inspired many of the Lake for their contributions to White Mr. WESTMORELAND. Madam Speaker, I congregants over the years. Cantor Aviva has Rock Lake Park and the City of Dallas and in rise today to pay tribute to a young man from touched Temple Israel at its core as she led congratulating Good Fulton & Farrell on being Fayetteville in Georgia’s 3rd Congressional hundreds of children through their Bar and Bat named the Volunteer Group of the Year. District who has excelled in the classroom and Mitzvah ceremonies and taught countless f on the playing field. adults to chant and sing Jewish prayers. For more than 17 years, the National Alli- She is known for continually updating and 50TH ANNIVERSARY OF LAKOTA ance of African American Athletes has hon- expanding Temple Israel’s musical liturgy with SCHOOL DISTRICT IN WEST ored young men who exemplify the best in jazz services and songs in Hebrew, Yiddish CHESTER AND LIBERTY TOWN- sports and education. and Ladino. Cantor Aviva has premiered new SHIP, OHIO This year, the top honor, called the Franklin works by contemporary Jewish composers in D. Watkins Award, will go to a constituent of concert settings, and is comfortable with a HON. JOHN A. BOEHNER mine, Matthew Daniels, a senior at Fayette whole host of musical genres, including clas- OF OHIO County High School. sical, opera and folk. IN THE HOUSE OF REPRESENTATIVES Considered one of the best defensive backs Our community owes Cantor Aviva a debt of Tuesday, April 8, 2008 in the country, Matthew has maintained a per- gratitude for her tremendous record of accom- Mr. BOEHNER. Madam Speaker, I rise fect 4.0 grade-point average. He is a member plishments at Temple Israel of Hollywood. I of the Beta Club, the National Honor Society, ask my colleagues to join me in extending today to congratulate and recognize my home- town school system, the Lakota School District the Fellowship of Christian Athletes and other thanks for her outstanding and inspired con- worthy community groups. tributions these past 32 years. Please also join in West Chester and Liberty Township, Ohio, on its 50th Anniversary. ‘‘This remarkable young man is unquestion- me in wishing her all the best in her capacity ably a premier scholar-athlete in a time when as Cantor Emeritus and in all future endeav- From the humble beginnings as the Liberty- Union School District in 1957 with an enroll- very few kids in the country can barely stay ors. academically eligible,’’ said a spokesperson f ment of just 1,700 students it would have been hard to predict the extraordinary growth for the National Association of African Amer- IN RECOGNITION OF FOR THE and success of the district. Today the Lakota ican Athletes. ‘‘Matthew lends inspiration to a LOVE OF THE LAKE School District covers nearly 70 square miles, younger generation that it is possible to two townships, eight postal zones and nearly achieve perfection in sports and in the class- HON. PETE SESSIONS 100,000 people. It is home to two high room.’’ schools, a freshman school, four junior Matthew will represent Fayette County High OF TEXAS proudly next year as an alumnus when he en- IN THE HOUSE OF REPRESENTATIVES schools, ten elementary schools, four early childhood schools and more than 18,000 stu- rolls at Duke University on a full athletic schol- Tuesday, April 8, 2008 dents. arship. ‘‘Among all my achievements and honors in Mr. PETE SESSIONS. Madam Speaker, I Even with the growth from a small rural dis- high school, this award is the most memorable rise today to recognize For the Love of the trict into the seventh largest district in Ohio the I must say,’’ Matthew said after receiving the Lake, a local community land and water con- success of Lakota schools has not been im- award earlier this year at the InterContinental servation organization that is very dear to my peded. The Lakota School District is the larg- Hotel in Century City, Calif. ‘‘This is the only heart. est district in Ohio to receive an ‘‘Excellent’’ award that acknowledges me for both my aca- White Rock Lake Park resulted from the rating for six consecutive years. In 2006–2007 demic and athletic achievements.’’ need for a larger water supply for the growing the district met 29 of 30 state indicators, grad- Winners of the award are highly encouraged population in Dallas during the late 1890s. uated more than 96 percent of its students to use their time and talent to give back to the Since it became a city park on December 13, and saw 90 percent of high school student’s less fortunate in their communities. 1929, White Rock Lake Park has always held matriculate to college all while per pupil ‘‘On the field, I want to work to become a a special place in the hearts of all Dallasites. spending stayed well below the state average. freshman All-American next season.’’ Daniels Historically, it was known as the ‘‘people’s But facts and figures only tell part of the told a reporter. ‘‘Off the field. I want to leave playground’’ and is now referred to as the story. It is fitting that this fine school district a path so others know it can be done.’’ ‘‘Jewel of Dallas.’’ bears the word ‘‘Lakota,’’ a Native American On behalf of everyone in Georgia’s 3rd Con- What initially began as an interest in keep- word meaning unity and togetherness. gressional District, I want to congratulate Mat- ing White Rock Lake Park clean and beautiful Throughout the years the achievements of thew Daniels on this prestigious award. We’re quickly evolved into a conservation organiza- Lakota schools have been driven by the dedi- proud that he’s part of our community. tion with hundreds of dedicated and energetic cation and commitment of the entire Lakota volunteers. Since its founding in 1995, For the community. Together, through a unified vision, f Love of the Lake has helped enhance the lake the administrators, teachers, parents, students 5TH ANNUAL MAYORAL SALUTE and park with various hands-on activities such and citizens have made the Lakota School TO VETERANS as picking up litter and recyclables with their District a pillar of education and a foundation Second Saturday Shoreline Spruce-Up events for community growth. Each and every person HON. HARRY E. MITCHELL and Adopt-A-Shoreline groups. Now led by who has attended, taught, worked or simply OF ARIZONA President Steve Tompkins, For the Love of the lived in the district has played a role in its suc- IN THE HOUSE OF REPRESENTATIVES Lake is reconstructing of a hike and bike trail, cess. building a new bridge reminiscent of one built I’m proud to represent the Lakota School Tuesday, April 8, 2008 by the Civilian Conservation Corps, and ex- District in our nation’s Capitol. I’m proud my Mr. MITCHELL. Madam Speaker, I rise panding the Celebration Tree Grove. On April children attended Lakota schools, and I’m today to commemorate the Annual Mayoral

VerDate Aug 31 2005 05:43 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K08AP8.011 E08APPT1 wwoods2 on PRODPC68 with REMARKS E534 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 2008 Salute to Veterans which has been presented ‘‘rabbit hutch’’ on Harry Hines Boulevard. Over MR. JESSE J. MORANDO for the past five years by Phoenix Mayor Phil the coming years, the church relocated sev- Gordon and the Phoenix Military Veterans eral times to worship at various locations in- HON. PETER J. VISCLOSKY Commission. The Salute this year on Tues- cluding Carrollton City Hall, a store in down- OF INDIANA day, April 8, 2008, will focus on women vet- town Carrollton, the Carrollton Community IN THE HOUSE OF REPRESENTATIVES erans. This is appropriate given the rising Center, individual homes, the basement of Tuesday, April 8, 2008 numbers of women now serving in the armed Valwood Parkway Baptist Church, local forces and their wide-ranging and significant schools, a unit building on Dove Creek and Mr. VISCLOSKY. Madam Speaker, it is with contributions to our nation’s military efforts. Kelly Boulevard, and finally at Hebron Park- great honor and gratitude that I stand before Women have served honorably in every war way. While the church has worshiped in many you today to recognize one of Northwest Indi- and conflict in American history. Many paid locations, its positive message has always re- ana’s most dedicated, distinguished, and hon- the ultimate price in defense of our nation. We mained the same. orable citizens, Mr. Jesse J. Morando, 2007– all know the story of Army PFC Lori Piestewa, Madam Speaker, please join me in applaud- 2008 State Commander for the Veterans of an Arizona native who became the first serv- ing the Carrollton Church of the Nazarene as Foreign Wars (VFW), Department of Indiana. icewoman to be killed in Operation Iraqi Free- it celebrates 50 years of dedicated fellowship. A lifelong resident of Northwest Indiana, Jesse dom and the first Native American service- Clergy and members of the past and present is one of the most passionate and involved woman to ever die in battle. In 2005, Sgt. are to be commended for their service to the citizens that I have ever known, especially Leigh Ann Hester of the Kentucky Army Na- church and greater community. It is my hope when it comes to his service to our veterans. tional Guard became the first woman to be the Carrollton Church of the Nazarene con- To honor Jesse for his constant efforts to bet- awarded the Silver Star for close-quarters tinues to stand as beacon of resolve, inspira- ter the quality of life for Indiana’s veterans, a combat action for her role in turning back an tion, and worship for many years to come. testimonial dinner will be held at the Veterans ambush on her convoy in Iraq. of Foreign Wars Post 802 Hall in Hammond, Indiana, on Sunday, April 13, 2008. Madam Speaker, I want to focus special at- f tention on seven veterans from Arizona who Jesse James Morando was born in East are being recognized today as living reminders PAYING TRIBUTE TO EDMUNDO Chicago, Indiana, the fourth of ten children. of the honorable service that women in the ESCOBEDO, SR. After relocating to Whiting, Indiana, in 1958, armed forces have provided in overseas war Jesse attended Immaculate Conception for zones from World War II to Operation Iraqi grade school. Jesse’s involvement in commu- Freedom. Please join me in recognizing: HON. JON C. PORTER nity activities began at an early age, when he Bettie Lerdall, U.S. Marine Corps, World OF NEVADA excelled as a member of the Boy Scouts of War II; IN THE HOUSE OF REPRESENTATIVES America, eventually reaching the rank of Eagle Grace Kokesch, U.S. Army, World War II; Scout. Recognized as one of Whiting’s young Louise Glende, U.S. Navy, Korean War; Tuesday, April 8, 2008 leaders, Jesse was even appointed ‘‘Mayor for Carol Culbertson, U.S. Navy, Vietnam War; a Day.’’ As a high school student at Whiting Belinda Blase, U.S. Air Force, Operation Mr. PORTER. Madam Speaker, I rise today to pay tribute to my good friend, Edmundo High School, Jesse excelled in athletics, par- Desert Storm; ticipating on both the football and wrestling First Lieutenant Kara C. Larson, Arizona ‘‘Eddie’’ Escobedo, Sr., who is being honored by the Clark County School District with the teams. Army National Guard, Operation Iraqi Free- Following his graduation from Whiting High dom; naming of the Edmundo ‘‘Eddie’’ Escobedo, Sr. Middle School. School, Jesse joined the United States Marine Sgt. Rachel L. Trotter, Arizona Army Na- Corps and served a tour of duty in Vietnam. tional Guard, Operation Iraqi Freedom. Mr. Escobedo was born in Torreon, After receiving his honorable discharge from Please join me in recognizing the service of Coahuila, Mexico before coming to the United the Marine Corps in 1973, Jesse returned to these distinguished veterans on this special States. He enlisted and served in the United Northwest Indiana and accepted a position at day. States Air Force, where upon completion of the Amoco, now BP, refinery in Whiting, where f his military duties he settled in Las Vegas. In he has 27 years of service and has completed 1970, Mr. Escobedo began promoting live THE 50TH ANNIVERSARY OF THE an apprentice program in pipe fitting and weld- Mexican dances and popular musical groups. ing. Jesse’s service, however, to veterans and CARROLLTON CHURCH OF THE In 1972, he opened the only Spanish movie NAZARENE to the Northwest Indiana community has re- theater within the Las Vegas community, mained a constant throughout his lifetime. called the ‘‘El Rancho’’. He also served sev- While he is well-known as the State Com- HON. KENNY MARCHANT eral terms as the president of the National mander of the VFW, Jesse has also been in- OF TEXAS Spanish Pictures Exhibitors Association. For volved in numerous other veterans’ and serv- IN THE HOUSE OF REPRESENTATIVES more than 20 years, Mr. Escobedo published ice organizations in Northwest Indiana. Jesse Tuesday, April 8, 2008 ‘‘El Mundo’’, a Spanish-language weekly is a life member of the American Legion Post newspaper serving Nevada’s large and rap- Mr. MARCHANT. Madam Speaker, I rise 80 and the Veterans of Foreign Wars Post idly-growing Hispanic population. He currently today to honor the 50th anniversary of the 2724 in Whiting, and also a member of the 40/ serves as Chairman of the Board of KDOX Carrollton Church of the Nazarene in 8 Voiture 470 First District of Indiana, the 1280 AM, a Spanish-language local radio sta- Carrollton, Texas. Since its inception, the AMVETS Post 64 in Whiting, the Indiana Free- tion. church has stood in the community as a sym- masons, and the Mixtecas Motorcycle Group. bol of perseverance and inspiration. This his- He has served as founder, vice president, Additionally, he is a life member of the VFW toric anniversary of the Carrollton Church of and president of the National Association of National Home. the Nazarene marks a time of remembrance Hispanic Publications from 1997 to 2000. In Early on, Jesse learned that the best way to of a storied past and renewal for a bright fu- 2002, Mr. Escobedo was named ‘‘Hispanic of improve his community and to help people ture. the Year’’ by the Latin Chamber or Commerce was to get involved. In many different roles, On April 6, 1958, a group of twelve founded and was included as number 23 of the list of Jesse has remained true to one goal, to make the Valwood Church of the Nazarene in what ‘‘25 Most Influential Persons’’ in the city by a difference in society. From his service to would later evolve into the Carrollton Church ‘‘Las Vegas Life’’ magazine. In January 2003, veterans to his involvement in programs of the Nazarene. At the time, all adults of the he also became a member of the Board of Di- geared toward helping those in need, be it church became founding members. The first rectors of Sunrise Hospital. physically or financially, Jesse has always pastor was Rev. Monroe Burkhart and the Madam Speaker, I am honored to pay trib- been a driving force in bettering the lives of song leader was Mrs. Jo Ann Marchant. Char- ute to Edmundo ‘‘Eddie’’ Escobedo, Sr. I many people. While it is impossible to list all ter members included Rev. and Mrs. R.A. would like to congratulate Eddie and his fam- of the ways in which Jesse has served his Holloway, Glen and Mary; Rev. and Mrs. M.S. ily, including his wife of over 43 years, Maria, community, to name a few, Jesse has been a Burkhart and Elson; Mr. and Mrs. Thurman his four children, and his nine grandchildren. I coach for the Challenger baseball team, where Marchant; Mr. and Mrs. S.E. Marchant, Jr. and applaud Eddie on his leadership and congratu- he assisted with obtaining funds to pay for the Mrs. Irene Cardwell. late him on this much deserved recognition of Field of Dreams in Hammond, Indiana. This The founding members initially congregated having a middle school named in his honor by outstanding program was aimed at affording at a building commonly referred to as the the Clark County School District. physically challenged children the opportunity

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K08AP8.009 E08APPT1 wwoods2 on PRODPC68 with REMARKS April 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E535 to play baseball. He has also assisted with the IN REMEMBRANCE OF THE ATTOR- COMMEMORATING UNITED STATES Special Olympics, participated in motorcycle NEYS AND JUDGES OF CLEVE- RECOGNITION OF NEWLY INDE- runs for Toys-for-Tots and other organizations LAND AND CUYAHOGA COUNTY PENDENT BOSNIA AND to help those in need, been a personal donor WHO HAVE PASSED IN 2007 HERZEGOVINA for Locks of Love, and for the past six years, he has volunteered his time to the March of HON. JOHN W. OLVER Dimes, raising money and assisting partici- HON. DENNIS J. KUCINICH OF MASSACHUSETTS pants at an annual event in Highland, Indiana. OF OHIO IN THE HOUSE OF REPRESENTATIVES Tuesday, April 8, 2008 A loving husband, father, and grandfather, IN THE HOUSE OF REPRESENTATIVES Jesse’s commitment to veterans throughout Mr. OLVER. Madam Speaker, I rise today to Tuesday, April 8, 2008 Indiana is surpassed only by his love for his honor the citizens of Bosnia and Herzegovina on their recent anniversary of independence family. Jesse and his loving wife, Laura, are Mr. KUCINICH. Madam Speaker, I rise the proud parents of five children: Jennifer, which was recognized by the United States on today in remembrance of the men and women April 7, 1992. 1 am honored that the United Samantha, Sara, Elizabeth, and Jesse III, and who served as attorneys and judges in Cleve- States was one of the first nations to recog- three adoring grandchildren: Kali Rose, James land and Cuyahoga County who passed away nize the newly independent Bosnia and IV, and Jaslyn. in 2007. They will be remembered for their in- Herzegovina. Madam Speaker, Jesse Morando has self- dividual and collective dedication as public I would like to applaud the democratic ori- lessly given his time and efforts to not only servants, all focused on the public good, on entation of Bosnia and Herzegovina and I veterans, but to many other groups as well, the occasion of the Annual Greater Cleveland strongly support the further strengthening of its throughout his lifetime of service. At this time, Bench-Bar Memorial Program being held on government and peoples and their respect for I ask that you and all of my distinguished col- April 7, 2008, in Cleveland. human rights, rule of law, and free market ec- onomics. As we mark the anniversary of U.S. leagues join me in commending him for his I stand with Chief Judge James G. Carr of recognition of an independent Bosnia and leadership and dedication. He serves as a true the U.S. Federal District Court, Northern Dis- Herzegovina, let us reaffirm our support for inspiration in the eyes of a grateful community. trict of Ohio, and all the judges and mag- Bosnia’s progress towards Euro-Atlantic inte- istrates of the Northern District, and the gration. f Bench-Bar Program organizing committee to I once again congratulate the citizens of remember and commemorate the lives and Bosnia and Herzegovina on this anniversary of HONORING DON TEMEYER accomplishments of the lawyers and judges in their independence and I look forward to col- our community who have recently passed. laboration between our two countries. HON. BRUCE L. BRALEY Through their work as lawyers and judges, f these individuals have contributed their talent, HONORING JOHN DOSTER OF IOWA trade and expertise within an array of roles to IN THE HOUSE OF REPRESENTATIVES guide and support the citizens of the greater HON. PATRICK J. MURPHY Tuesday, April 8, 2008 Cleveland community. We remember Thomas OF PENNSYLVANIA F. Allen, Robert F. Belovich, Sr., William E. IN THE HOUSE OF REPRESENTATIVES Mr. BRALEY of Iowa. Madam Speaker, I Blackie, Jr., Edward J. Corrigan, Norman A. Tuesday, April 8, 2008 rise today to congratulate Don Temeyer on his Fuerst, Michael R. Gallagher, Victor retirement as the Community Planning and Greenslade, Jr., John Gustin, James E. Kuth, Mr. PATRICK J. MURPHY of Pennsylvania. Madam Speaker, I rise today to honor the ex- Development Director for the City of Waterloo. Anne M. Landefeld, Howard A. Levy, Joseph traordinary achievements of Mr. John Doster. At the end of this month, Don will be retiring J. LoPresti, Jr., Charles S. Lynch, Stuart O.H. Mr. Doster is being recognized by the Bristol after 33 years of service to the City of Water- Merz, Ivan L. Miller, Robert Nelson, Robert S. Borough Traffic and Crowd Control Advisory loo. Passov, Robert B. Preston, Jr., Ralph Rudd, Council for his hard work and exceptional ac- Over the past 33 years, Don has been in- Constantino M. Scudiere, Dennis H. Sherman, complishments in working to better his com- strumental in moving the City of Waterloo for- Richard B. Steuer, Kent N. Stone, Mark Ed- munity. ward and bringing the community together. ward Sullivan, Robert E. Sweeney, William A lifelong resident of Bucks County, Mr. With Don’s guidance the City of Waterloo has Cronin Trier, Jr., Owen F. Walker, and Herbert Doster’s long and exemplary career of service to his community began 75 years ago and seen successes from economic development R. Whiting. Their dedication to the legal pro- continues to this day. In 1934, Mr. Doster to upgrading the city’s recreational opportuni- fession and to the community will forever be respected and remembered. joined the Edgley Fire Company, and he has ties. been a member ever since. Mr. Doster has Don has served six different mayors and It is noteworthy that the program on April 7, held many important community leadership began his work in the Planning and Zoning of- 2008 is being held at the recently restored positions throughout the years, serving as the fice in 1974, the same year he graduated from Howard M. Metzenbaum U.S. Courthouse at fire chief of the Edgley Firehouse, the fire mar- Iowa State University. Don eventually headed Cleveland’s Public Square. Senator Metzen- shal for Bristol Township, the president of the this department. Community Planning and De- baum himself was a public citizen, lawyer and Fire Chiefs Association, and a fire school in- velopment—comprised of Planning and Zon- legislator whose service to the people of Ohio structor. Mr. Doster’s dedication to keeping those in ing, Community Development, the Waterloo and the Nation is legendary. He was a con- summate consumer advocate, labor rights ad- his community safe is also evident through the Housing Authority and economic development numerous awards he has received. In 1977, vocate, accomplished legislator and an impor- functions—was formed in the middle 1990s he received the Distinguished Hero award for with Don taking the lead. tant figure in Ohio’s political history whose his brave actions in saving the lives of two passing last month we also mourn. Don has dedicated his life to the promotion people trapped in a burning building. In 1999 and development of the City of Waterloo. His Madam Speaker and colleagues, please join and 2000, he received the Most Active Fire- work has proven that strong community advo- me in remembrance of the members of the fighter Award from the Edgley Fire Company. cates can make a tremendous difference in legal profession who dedicated their profes- Mr. Doster was also the recipient of the Com- manders Club Award in both 2001 and 2004. their own backyards. With Don’s retirement we sional lives to the law and to working among the people in the Greater Cleveland commu- In addition to his commendable service to are losing years of institutional knowledge and his community. Mr. Doster has also dedicated nity to uphold and improve our justice system. a champion for the needs of Waterloo resi- himself to serving his country. He was a mem- dents. I am proud to represent Don and the Let their accomplishments and commitment to ber of the United States Army, serving as a City of Waterloo in Congress. I wish him the their profession serve as an example to be fol- corporal in North Africa from 1942 to 1945. best in all his endeavors. lowed by all who follow in their footsteps. During his service in the Army, Mr. Doster re- ceived various commendations celebrating his

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K08AP8.003 E08APPT1 wwoods2 on PRODPC68 with REMARKS E536 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 2008 heroic actions. He received the Purple Heart, TRIBUTE TO SHERIFF MICHAEL service providers. Sheriff Jackson qualifies the Bronze Leader Award from the Disabled JACKSON based on his creativity in expanding the serv- American Veterans, the Silver Star Award ices of existing organizations, as well as im- from the Veterans of Foreign Wars, and the HON. ALBERT RUSSELL WYNN plementing new ones for the purpose of help- Legion Honor Award from the Chapel of Four OF MARYLAND ing victims of domestic violence through every Chaplains. IN THE HOUSE OF REPRESENTATIVES aspect of their recovery. As his outstanding re´sume´ shows, John Tuesday, April 8, 2008 Doster has pledged his life to helping those in f our community and our Nation. Madam Mr. WYNN. Madam Speaker, I rise today to COMMEMORATING THE 40TH ANNI- Speaker, as a fellow United States Army vet- honor Sheriff Michael Jackson, Sheriff for VERSARY OF THE ASSASSINA- eran and Bucks County resident, I am proud Prince George’s County, Maryland. TION OF DR. MARTIN LUTHER to recognize the remarkable achievements of Sheriff Michael Jackson is a Prince KING, JR. Mr. John Doster, and I am honored to serve George’s County native who has dedicated his as his Congressman. Through his tireless professional life to bettering the community in work, Mr. Doster has unequivocally changed which he grew up and now serves. He grew SPEECH OF Bucks County and America for the better. up in Forestville, Maryland, and graduated from Crossland High School. He then went on HON. TOM UDALL to receive a bachelor of science from the OF NEW MEXICO f DeVry Institute of Technology in electronic en- IN THE HOUSE OF REPRESENTATIVES REGARDING THE TWIN OAKS gineering technology. Serving in the Marine Tuesday, April 1, 2008 ESTATE Corps Reserves for 3 years, he joined the Of- fice of the Sheriff in 1989, and was first sworn Mr. UDALL of New Mexico. Mr. Speaker, in as Sheriff on December 2, 2002. Now in his today, as we commemorate with great sad- HON. GEORGE RADANOVICH second term. Jackson has implemented impor- ness the 40th anniversary of his assassina- tant changes in the past 6 years, both in do- OF CALIFORNIA tion, Americans remember how Dr. King in- mestic violence intervention and in his work spired us to turn our back on centuries of ha- IN THE HOUSE OF REPRESENTATIVES with the local youth. The 2008 Congressional tred and oppression, how he called on the bet- Victim’s Rights Caucus Allied Profession Tuesday, April 8, 2008 ter angels of our nature and led us to a more Award is in recognition of these many accom- just America. plishments. Mr. RADANOVICH. Madam Speaker, the Dr. King made us all believe we could In the field of domestic violence. Sheriff Twin Oaks estate at 3225 Woodley Road in change the world; and, we did. But for all that Jackson has made many important innova- D.C. is a historic landmark. Situated on 18.1 has been achieved since Dr. King was taken tions. He implemented a 24/7 Domestic Vio- acres in northwestern Washington, the estate from us, much remains to be done. lence Intervention unit, a comprehensive ap- was built in 1888 by the founder of the Na- In the past 40 years, we have seen the fall tional Geographic Society, Mr. Gardiner proach to victim services and protection. The unit was created with the goal of providing as- of Jim Crow, but we have also seen the rise Greene Hubbard, as a second residence for of economic inequality that divides the haves his family. At one time, Mr. Hubbard’s son-in- sistance to the victim through every stage of the judicial process, starting at the 911 call to farther and farther from the have nots, with a law, Mr. Alexander Graham Bell, the inventor shrinking and increasingly ignored middle of the telephone, also resided at Twin Oaks. the final protective order. He initiated the first civilian Domestic Violence Intervention/Com- class in between. The Twin Oaks property was first rented to munity Services Unit, expanding outreach and We have seen the birth and growth of the the Republic of China, ROC, also known as education throughout the county. The Violence black middle class, but in America’s cities a Taiwan, government in 1937, and later was Victim Advocate Unit followed, which evalu- black man born today is more likely to move sold to the ROC government in 1947. Over ates the protective order issued and is an on- to a prison cell than a college dorm. the last six decades, many American dig- going service as long as the victim needs it. We have seen the death of de jure segrega- nitaries and friends have met with ROC am- He also formed an agency called ‘‘Empow- tion, but in communities across America the bassador and representatives to chart the ering My Sister’’ which supports domestic vio- impact of residential division continues to give course of friendship and cooperation between lence victims in regaining their autonomy and us two school systems: separate and unequal. our two countries through times both good and moving forward by providing professional de- In the 40 years since Dr. King’s death, our bad. For example, American Secretaries of velopment, such as interview skills, appear- world has changed dramatically, but his vision State such as John F. Dulles, Dean Rust, ance tips, GED training, and business con- of equality has lost none of its power. You George Schultz, and Colin Powell have all at tacts. could say that we need Dr. King today more some point dined as guests at Twin Oaks. Im- The sheriff expanded services for domestic than ever. portant agreements such as parts of the Sino- violence by assuming first responder duties for As a congressman, I sometimes ask myself American Defense Treaty have been nego- all 911 calls in the central county area, and tiated at the estate. what Martin would do, and the answer never Jackson’s goal is that by 2010 the Office of fails to provide some guidance. The Twin Oaks estate has contributed the Sheriff will serve the entire county as do- Dr. King fought for equality, and I believe he greatly to the friendship between the Ameri- mestic violence first responders. This will cen- would be fighting today to ensure that every cans and our friends in the ROC. Today, U.S.- tralize first responder, peace and protective American student has the opportunity to live Taiwan relations have experienced decades of order service, community outreach, victim ad- their dreams. steady growth. President Bush has made a vocacy and survivor empowerment within number of positive statements about Taiwan; ‘‘Empowering My Sister.’’ Dr. King believed in the rights of working telling one interview: ‘‘I am candid in my sup- Sheriff Jackson also serves as a role model people, and I believe he would be struggling port of the Taiwan Relations Act (TRA). . . . to the youth in his community. As a Prince to give every American worker the right to join I’ll say it right now: That our nation will help George’s County native, he shares his story of a union. Taiwan defend herself. . . . I will do what ever overcoming the hardships of his youth with And Dr. King was the victim of a vicious it takes to help Taiwan defend herself, and the young people. Through the Michael A. Jack- smear campaign launched by his own govern- Chinese must understand that.’’ President son Charitable Foundation, he helps to pro- ment. I believe he would be working to Bush’s feelings about the TRA are strongly vide opportunities for young people in the strengthen our civil liberties so that future gov- echoed in the U.S. Congress. Madam Speak- community by providing such services as di- ernment officials cannot harass future Dr. er, we too believe in the importance of U.S.- versity camp, and a Sheriff’s Explorer’s pro- Kings. Taiwan relations. As we celebrate Twin Oaks’ gram for teens. As we mark his death and celebrate his life, 120-year history, we hope that our friendship The Congressional Victim’s Rights Caucus let us recommit ourselves to doing Dr. King’s with the ROC shall remain just as robust and Allied Profession Award recognizes the efforts work in our own time. Dr. King brought us to healthy in the future as it has been for the last of individuals, such as sheriff Jackson, who di- the mountain top, but it is up to us to reach seven decades. rectly benefit crime victims, but are not direct the Promised Land.

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A08AP8.027 E08APPT1 wwoods2 on PRODPC68 with REMARKS April 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E537 ON HOUSE APPROVAL OF H.R. 3773 Paul’s role as a historian cannot be denied. Trustees and the Steering Committee. Rita He is consistently found pouring over historical has chaired many special events at VBS. She HON. JOE BACA documents and photographs, researching, is past president of the San Fernando Valley OF CALIFORNIA documenting, and cataloging the history of the Women’s Division of Israel Bonds and the IN THE HOUSE OF REPRESENTATIVES Cumberland Valley Township so that others Golda Meir Club, an active member of AIPAC can learn and remember the stories of those serving on its National Executive Board, and is Tuesday, April 8, 2008 that came before them. Paul is a great leader past president and member of the Executive Mr. BACA. Madam Speaker, I rise today to in the community, and Bedford County is lucky Board of the Women’s Alliance of Israel. Rita express my support for the House amendment to have such a dedicated individual working and Jack are founding members of the Amer- to the Senate-approved version of H.R. 3773. for the benefit of the entire community. ican Jewish University’s Wagner Program, uni- the FISA Amendments Act of 2008, but also to Paul Crawford’s dedication to the preserva- versity patrons and also patrons of the voice an area of concern I have with the legis- tion of his community’s history is admirable, Wiesenthal Center. lation. I want to thank Chairmen REYES and and we can hope that others will follow in his Rita and Jack work together in their busi- CONYERS and for the immense time and effort footsteps and view our history with the same ness, Jasin Co., he as a real estate developer they both have put into this legislation, and pride and honor as he has so clearly done. and she as a real estate broker and property also thank Speaker PELOSI for her efforts to f manager. They are the proud parents of Sherri negotiate with the Senate to work out the dif- and Alan and adore their three grandchildren. ferences between the two bills. TRIBUTE TO RITA AND JACK Rita and Jack’s greatest joys are being with As Congress works to reauthorize and im- SINDER family and friends, boating and traveling. prove our foreign intelligence surveillance, it is I ask my colleagues to join me in saluting imperative to remember that the United States HON. HOWARD L. BERMAN Rita and Jack Sinder who have devoted their has enemies abroad who wish to do us harm. OF CALIFORNIA lives to working for the survival of the Jewish In these delicate negotiations, we must be IN THE HOUSE OF REPRESENTATIVES people and the State of Israel. sure to protect the civil liberties of the Amer- Tuesday, April 8, 2008 f ican people and keep our Constitution in tact, while at the same time giving our intelligence Mr. BERMAN. Madam Speaker, I rise to pay NATIONAL PUBLIC HEALTH WEEK community all the critical tools necessary to tribute to two dear friends, Rita and Jack keep us safe. I believe that with an updated Sinder, who are being honored by Valley Beth HON. LEONARD L. BOSWELL bill approved by the House, we can work out Shalom’s 60th Birthday of the State of Israel OF IOWA our honest differences and come up with a Dinner Celebration. They are being recognized IN THE HOUSE OF REPRESENTATIVES for their lifetime of commitment to Israel, the good bill that keeps the American people safe Tuesday, April 8, 2008 and protects our civil rights. Jewish people, and Valley Beth Shalom While the House passed bill is a step in the (VBS). Mr. BOSWELL. Madam Speaker, I rise right direction, I believe certain additional pro- In 1967, Rita and Jack made their first trip today in recognition of National Public Health visions should be included in final compromise to Israel just prior to the Six-Day War. The Week (NPHW), April 7–13, a week to focus on legislation. It is critical that any FISA legisla- outbreak of hostilities forced their early depar- issues facing the public health and find ways tion works to encourage compliance with our ture on the eve of the war. The impact of their to improve the health of all. This year NPHW private sector partners in the ultimate goal of experience motivated them to mobilize the focuses on how climate change is affecting keeping America and her people secure. As American Jewish community on Israel’s be- the health of Americans and people around such, targeted immunity for telecom carriers half. the world. that allegedly participated in anti-terrorism sur- Their dedication to Israel, however, began The impact of global climate change on our veillance programs may become of vital impor- long before the State of Israel was created. planet and the role we have played in speed- tance. Born in Vienna, Rita was immersed in Juda- ing its progress is becoming increasingly self- I am confident that as Congress moves for- ism as a young child. During WWII, when Hit- evident. The work of groups like the American ward in negotiating sensible and effective ler invaded Austria, Rita’s father was shipped Public Health Association and committed indi- FISA legislation, we will continue to work to- to Poland. He fortunately escaped and her viduals, such as former Vice President Al ward the right balance that protects the Con- mother managed to get herself and her Gore, have created a heightened awareness stitutional rights of all Americans, while also daughters out of Austria. Rita was sent to Lon- of what is one of the most important issues of authorizing the measures necessary to keep don on Kindertransport and was not reunited the coming century. This heightened state of the United States safe. with her family until the war ended. The deter- public awareness has led to calls across the f mination, positive attitude, tremendous resil- country for a new emphasis on reducing the ience, and adaptability that helped her survive amount of greenhouse gases that are expelled HONORING PAUL CRAWFORD still guide her life today. Rita’s family was mi- into the atmosphere by finding new, cleaner raculously reunited in America, settling in Los sources of energy, reducing our consumption HON. BILL SHUSTER Angeles where Rita attended Belmont High of natural resources, and using energy-effi- OF PENNSYLVANIA School and graduated from USC with a de- cient products. IN THE HOUSE OF REPRESENTATIVES gree in Business Administration. In my home State of Iowa we are working Jack, raised in the Orthodox tradition by his hard to find new and innovative ways to re- Tuesday, April 8, 2008 father, a prominent Rabbi in Michigan, earned duce the amount of greenhouse gases pro- Mr. SHUSTER. Madam Speaker, I rise a degree in Mechanical Engineering from duced. It gives me great pride to say that a re- today to honor Paul Crawford, who has been Michigan State. He worked for a machine tool cent study by the American Wind Energy As- named Historian of the Year by the Bedford company that supplied parts to the big three sociation found that Iowa ranked first in the County Historical Society. Paul, who is the automakers. He was asked by an associate to Nation in the percentage of wind-generated founder of the Cumberland Valley Township help send machine tools to the Jewish fighters electricity created in the State, and fourth in Historical Society in Bedford County, will he in Israel, and together with his friends, he total wind electricity generation. honored with this distinguished award at the shipped tools which ultimately helped in the The Iowa Climate Change Advisory Council, Bedford County Historical Society’s annual creation of the Israeli aircraft industry and the ICCAC, created less than a year ago in April history banquet in April. Israeli Air Force. 2007, is charged with finding ways for Iowa to As founder of the Cumberland Valley Town- Rita and Jack have been an integral force in combat climate change by becoming more en- ship Historical Society, Paul has dedicated the Jewish Community, living up to the motto, ergy efficient and independent. The ICCAC is much of his life to researching and preserving ‘‘Give of yourself first and only then ask others right now creating plans for the reduction of the history of his community. He serves as a to join you.’’ They have generously contributed greenhouse gases statewide with target goals true leader in the community and the Society, their time and resources to VBS, the Jewish of 50 percent to 90 percent by 2050. directing many of the projects and events of Federation, Israel Bonds, AIPAC and many In February of this year Governor Chet Cul- the organization. Paul is a constant presence other worthy organizations. They endowed the ver signed Executive Order Six, establishing a in the Cumberland Valley region, active in var- Midrasha Program at the VBS, where Jack new ‘‘green government’’ initiative. This initia- ious community events and projects that sup- formerly was a member of the Board of Direc- tive calls for improving energy efficiency in port and promote the region. tors and currently serves on the Board of three areas, greening new and existing State

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.031 E08APPT1 wwoods2 on PRODPC68 with REMARKS E538 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 2008 buildings and facilities, promoting resource ef- of Jesus Christ.’’ This momentous occasion is HONORING MRS. PINKIE PARKER ficiency by using recycled and sustainable a true testament of the service, commitment, HARDY products, and recycling used material, and in- love, and foundation this church is built upon. creasing the use of biofuels in State auto- May the Lord continue to bless First Baptist in HON. BARBARA LEE mobiles and improving their fuel efficiency. the years to come. OF CALIFORNIA Across Iowa, communities large and small IN THE HOUSE OF REPRESENTATIVES are following the example set by the State f Tuesday, April 8, 2008 government, and in many places blazing their 50TH ANNIVERSARY OF THE PORT Ms. LEE. Madam Speaker, I rise today to own path. These efforts must be replicated JEFFERSON ELKS LODGE across the country and around the world if we honor the extraordinary life of Mrs. Pinkie are to curb the emission of greenhouse gases Parker Hardy. We lost our beloved Mrs. and protect our planet for future generations. HON. TIMOTHY H. BISHOP Parker Hardy on April 3, 2008. She led a full f OF NEW YORK and vibrant life during her 91 years on this IN THE HOUSE OF REPRESENTATIVES earth, raising a loving family and mentoring IN CELEBRATION OF FIRST BAP- Tuesday, April 8, 2008 many in her church and community. TIST CHURCH OF JACKSON’S On May 19, 1916, Pinkie Parker was born 170TH ANNIVERSARY Mr. BISHOP of New York. Madam Speaker, in Washington, Louisiana to Alice White and I rise today to recognize the 50th anniversary John Parker. During Pinkie’s life, she wit- HON. CHARLES W. ‘‘CHIP’’ PICKERING of an established and important landmark in nessed many of the Nation’s most turbulent OF MISSISSIPPI New York’s first congressional district—the and controversial moments. Growing up in the Port Jefferson Elks Lodge. IN THE HOUSE OF REPRESENTATIVES south in the first quarter of the last century, The Benevolent and Protective Order of Tuesday, April 8, 2008 Pinkie was self-educated and she devoted her Elks is one of the oldest, largest and most re- energies to her community, her family, and her Mr. PICKERING. Madam Speaker, on May spected private organizations in the United faith. She was a life-long resident of Eunice, 4, 2008, First Baptist Church of Jackson, Mis- States. From its humble beginnings in 1868. Louisiana. sissippi will celebrate its 170th anniversary. the Benevolent and Protective Order of Elks In 1936, at the age of 20, Pinkie Parker First Baptist Church of Jackson has a rich his- has grown to nearly 1.3 million men and married Herman Joseph Hardy. From this lov- tory and has grown immensely in size over the women with 2,300 local lodges throughout the ing union, five sons and two daughters were years, not only in members but in its outreach country. born. In 1949, Mrs. Hardy, a devout and ex- to the community through different ministries. Through these local branches, the Elks or- tremely active member of this congregation When the church was founded in 1838, ganization has contributed more than 5.6 mil- until she became ill just last year. Jackson was a 16 year old village with less lion volunteer hours and $142 million in philan- Mrs. Hardy contributed immeasurably to the than 600 people and was struggling to be- thropic service last year alone. Many of my growth and service of St. Mathilda Parish dur- come the permanent seat of state govern- constituents are proud hosts of the Port Jeffer- ing her life. Bishop Flynn appointed her as the ment. Although the early years of the church son Elks Lodge, and many more of my con- first Extraordinary Minister of the Eucharist at proved difficult with an economic depression, stituents are beneficiaries of the Lodge’s in- St. Mathilda. She also served as Lector and a yellow fever epidemic, and the Civil War, the valuable service and contributions to the com- Parish Council President for several years. For church still grew strong in its relationship to munity. 50 years, Mrs. Hardy was an active member God and continued to reach out to others in Since 1958, the Port Jefferson Elks Lodge of the Knights of Peter Claver (KPC) Council the name of Jesus Christ. has been recognized as a benevolent order No. 92. Mrs. Hardy spent 26 of those years God has blessed First Baptist Church of dedicated to serving the community, including serving as the Grand Lady of KPC. Jackson because on May 4, the church stands their notable service to our nation’s youth and In 1987, Mrs. Hardy was the recipient of the 170 years old and occupies a 750,000 square returning veterans. The members of the Port Martin Luther King, Jr. Award from the Dio- foot facility in downtown Jackson. It also in- Jefferson Lodge support numerous charitable cese of Lafayette. In 2002, she received the cludes a sanctuary that seats 3,000; a chapel; and patriotic activities in my district—from Bishop’s Medal for devoted service to her two fellowship halls; a Christian Life Center awarding youth scholarships and aid to dis- church and society. with two regulation basketball courts; rock advantaged families to local food pantry and It is clear that Mrs. Hardy was an indispen- climbing wall; racquetball court; walking track; veterans’ program donations. sable component of her community. She came fitness facilities; and a fully staffed counseling Through its ‘‘Helping Hand’’ dinner, the Port of age and lived her adult life during the most center. Currently, they have a weekly tele- Jefferson Elks Lodge recently raised $37,000 tumultuous and influential political period in vision broadcast of their Sunday service that for a local Marine Corps veteran, Richard Kra- American history. Mrs. Hardy’s life exemplifies covers much of Mississippi as well as a na- mer, who died from cancer due to Agent Or- that of many African-Americans during this tional broadcast on Direct TV. In 2006, First ange exposure in Vietnam. The lodge donated century, their struggle for human rights and Baptist Church of Jackson established a Madi- funds and hosted events at its facility in order civic freedom, and their strength and persever- son Campus that has 200 active members to gather community support for the Kramer ance. today. family. This is a shining example of the Port These important men and women are sel- First Baptist Church has centered its min- Jefferson Elk’s mission of goodwill and just dom recognized for their greatness. Mrs. Har- istries on connecting people to God through one among many good deeds performed by dy’s life is one to be remembered and admired faith in Jesus Christ so that their lives can be the Elks on behalf of the veterans and citizens as an example of the true work and inner for- transformed into passionate followers of in our community who are most in need. titude that keeps this country together. These Christ. Today, ministries of the church include I am proud to represent the Port Jefferson individuals dedicated their lives in the service an inner-city ministry that has a medical clinic, Elks Lodge. It is an ally and champion of our of their God and community in the face of in- dental clinic, and legal clinic as well as after continuing efforts to ensure that our veterans credible odds. Each and every one of them school programs for children. Other ministries receive their deserved benefits and the best had a unique story, a special impact, and a include help for women recently released from quality of life—a small price to pay in return loving family. Mrs. Pinkie Parker Hardy was a prison and a ministry for international citizens for their bravery, sacrifice, and honorable serv- member of mine. from over 26 countries that teaches them ice to our country. The Elk’s mission is best On a very personal level, Mrs. Hardy was English and assists them in adjusting to life in reflected by their pledge: ‘‘So long as there ‘‘family’’ to me. She shared her deep religious America. Last year, First Baptist sent hun- are veterans, the Benevolent and Protective faith, her wonderful Creole cooking (especially dreds of members across America and Order of Elks will never forget them.’’ her gumbo) and her insights as a strong, yet throughout the world to build homes and Madam Speaker, I am honored to represent gentle African-American woman with me on churches, provide medical and dental care, the Port Jefferson Elks Lodge and to recog- several occasions. To know ‘‘Mrs. Pinkie’’ was and spread the love of God. nize its 50th anniversary. On behalf of New to love her. Madam Speaker, I hope the Congress joins York’s first congressional district, I thank the Mrs. Pinkie Parker Hardy will be sorely me in celebrating with First Baptist Church of Lodge and its members for their steadfast missed by all those who loved her and were Jackson. For 170 years, the church has dedication to eastern Long Island and for em- honored to have her kindness and spirit touch served out its battle cry, ‘‘Connecting People, bodying their cherished principles of ‘‘charity, their lives. Her memory and legacy will live on Transforming Lives into Passionate Followers justice, brotherly love and fidelity’’. through her seven children, a daughter-in-law,

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.034 E08APPT1 wwoods2 on PRODPC68 with REMARKS April 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E539 34 grandchildren, 22 great-grandchildren, and Ministry of Public Security issued an inter- her husband. On August 13, 2007, activist one great-great grandchild as well as innumer- nal document secretly strengthening a polit- Yang Chunlin was arrested in Heilongjiang able relatives and friends. ical investigation which resulted in forbid- and charged with subversion of state power ding Olympics participation by 43 types of ‘‘for initiating the petition ‘Human Rights Today, California’s 9th Congressional Dis- people from 11 different categories, including before Olympics.’ ’’ trict salutes and honors Mrs. Pinkie Parker dissidents, human rights defenders, media China still practices literary inquisition Hardy. We extend our deepest condolences to workers, and religious participants. The Chi- and holds the world record for detaining her family and children. Thank you for sharing nese police never made the document known journalists and writers, as many as several her great spirit with so many people over the to either the Chinese public or the inter- hundred since 1989, according to incomplete last century. May her soul rest in peace. national community. statistics. As of this writing, 35 Chinese jour- Huge investment in Olympic projects and a nalists and 51 writers are still in prison. Over f total lack of transparency have facilitated 90 percent were arrested or tried after Bei- serious corruption and widespread bribery. jing’s successful bid for the Olympics in July THE CURRENT HUMAN RIGHTS Taxpayers are not allowed to supervise the 2001. For example, Shi Tao, a journalist and SITUATION IN CHINA use of investment amounting to more than a poet, was sentenced to ten years in prison $40 billion. Liu Zhihua, formerly in charge of because of an e-mail sent to an overseas HON. FRANK R. WOLF Olympic construction and former deputy website. Dr. Xu Zerong, a scholar from Ox- mayor of Beijing, was arrested for massive ford University who researched the Korean OF VIRGINIA embezzlement. War, was sentenced to 13 years’ imprison- IN THE HOUSE OF REPRESENTATIVES To clear space for Olympic-related con- ment for ‘‘illegally providing information Tuesday, April 8, 2008 struction, thousands of civilian houses have abroad.’’ Qingshuijun If [Huang Jinqiu], a been destroyed without their former owners freelance writer, was sentenced to a 12-year Mr. WOLF. Madam Speaker, I would like to being properly compensated. Brothers Ye term for his online publications. Some writ- call to the attention of the House the following Guozhu and Ye Guogiang were imprisoned ers and dissidents are prohibited from going publication in the Washington Post of a letter for a legal appeal after their house was forc- abroad; others from returning to China. penned by human rights activist Hu Jia, who ibly demolished. Ye Guozhu has been repeat- Every year in mainland China, countless was recently charged with subverting state au- edly handcuffed and shackled, tied to a bed websites are closed, blogs deleted, sensitive and beaten with electric batons. During the words filtered. Many websites hosted abroad thority and sentenced by a Beijing court to 31⁄2 countdown to the Olympic Games he will are blocked. Overseas radio and television years in prison for his human rights advocacy continue to suffer from torture in Chaobei programs are interfered with or strictly pro- activities. Prison in Tianjin. hibited. Although the Chinese government As we approach the 2008 Olympics in Bei- It has been reported that over 1.25 million has promised media freedom for foreign jour- jing, and China continues to grow as an eco- people have been forced to move because of nalists for 22 months, before, during, and nomic and political powerhouse, we must re- Olympic construction; it was estimated that after the Beijing Olympics, and ending on mind ourselves of China’s abusive and op- the figure would reach 1.5 million by the end October 17, 2008, an FCCC [Foreign Cor- pressive treatment of innocent civilians, and of 2007. No formal resettlement scheme is in respondents Club in China] survey showed place for the over 400,000 migrants who have that 40 percent of foreign correspondents fight against the tyranny of the communist re- had their dwelling places demolished. Twen- have experienced harassment, detention or gime in Beijing. ty percent of the demolished households are an official warning during news gathering in [From the Washington Post, April 5, 2008] expected to experience poverty or extreme Beijing and other areas. Some reporters have THE REAL CHINA AND THE OLYMPICS poverty. In Qingdao, the Olympic sailing complained about repeated violent police in- city, hundreds of households have been de- terference at the time they were speaking (By Hu Jia and Teng Biao) molished and many human rights activists with interviewees. Most seriously, Chinese This week, a Beijing court sentenced as well as ‘‘civilians’’ have been imprisoned. interviewees usually become vulnerable as a human rights activist Hu Jia to 31⁄2 years in Similar stories come from other Olympic cit- result. In June 2006, Fu Xiancai was beaten prison for subverting authority and to one ies such as Shenyang, Shanghai and and paralyzed after being interviewed by additional year’s loss of his ‘‘political Qinhuangdao. German media. In March 2007, Zheng Dajing rights.’’ He was arrested in part for co-au- In order to establish the image of civilized was beaten and arrested after being inter- thoring, with Teng Biao, an open letter on cities, the government has intensified the viewed by a British TV station. human rights. Below, The Post prints Human ban against—and detention and forced repa- Religious freedom is still under repression. Rights Watch’s translation of the Sept. 10, triation of—petitioners, beggars and the In 2005, a Beijing pastor, Cai Zhuohua, was 2007, letter. homeless. Some of them have been kept in sentenced to three years for printing Bibles. On July 13. 2001, when Beijing won the extended detention in so-called shelters or Zhou Heng, a house church pastor in right to host the 2008 Olympic Games, the have even been sent directly to labor camps. Xinjiang, was charged with running an ‘‘ille- Chinese government promised the world it Street vendors have suffered brutal confisca- gal operation’’ for receiving dozens of boxes would improve China’s human rights record. tion of their goods by municipal agents. of Bibles. From April to June 2007, China ex- In June 2004, Beijing announced its Olympic On July 20, 2005, Lin Hongying, a 56-year- pelled over 100 suspected U.S., South Korean, Games slogan, ‘‘One World, One Dream.’’ old woman farmer and vegetable dealer, was Canadian, Australian, and other mission- From their inception in 1896, the modern beaten to death by city patrols in Jiangsu. aries. Among them were humanitarian work- Olympic Games have always had as their On November 19, 2005, city patrols in Wuxi ers and language educators who had been mission the promotion of human dignity and beat 54-year-old bicycle repairman Wu teaching English in China for 15 years. Dur- world peace. China and the world expected to Shouging to death. In January 2007, peti- ing this so-called Typhoon 5 campaign, au- see the Olympic Games bring political tioner Duan Huimin was killed by Shanghai thorities took aim at missionary activities progress to the country. Is Beijing keeping police. On July 1, 2007, Chen Xiaoming, a so as to prevent their recurrence during the its promises? Is China improving its human Shanghai petitioner and human rights activ- Olympics. rights record? ist, died of an untreated illness during a On September 30, 2006, Chinese soldiers When you come to the Olympic Games in lengthy detention period. On August 5, 2007, opened fire on 71 Tibetans who were escaping Beijing, you will see skyscrapers, spacious right before the one-year Olympics count- to Nepal. A 17-year-old nun died and a 20- streets, modern stadiums and enthusiastic down, 200 petitioners were arrested in Bei- year-old man was severely injured. Despite people. You will see the truth, but not the jing. numerous international witnesses, the Chi- whole truth, just as you see only the tip of China has consistently persecuted human nese police insisted that the shooting was in an iceberg. You may not know that the flow- rights activists, political dissidents and free- self-defense. One year later, China tightened ers, smiles, harmony and prosperity are built lance writers and journalists. The blind ac- its control over Tibetan Buddhism. A Sep- on a base of grievances, tears, imprisonment, tivist Chen Guangcheng, recipient of the 2007 tember 1, 2007, regulation requires all re- torture and blood. Ramon Magsaysay Award and named in 2006 incarnated lamas to be approved by Chinese We are going to tell you the truth about by Time Magazine as one of the most influ- authorities, a requirement that flagrantly China. We believe that for anyone who wish- ential 100 people shaping our world, is still interferes with the tradition of reincarnation es to avoid a disgraceful Olympics, knowing serving his sentence of four years and three of living Buddhas as practiced in Tibet for the truth is the first step. Fang Zheng, an months for exposing the truth of forced abor- thousands of years. In addition, Chinese au- excellent athlete who holds two national tion and sterilization. The government re- thorities still ban the Dalai Lama, the spir- records for the discus throw at China’s Spe- fused to give him the Braille books and the itual leader of Tibet and a world-renowned cial Sport Games, has been deprived of the radio that his relatives and friends brought pacifist, from returning to Tibet. opportunity to participate in the 2008 to Linyi prison in Shandong. Chen has been Since 1999, the government has banned Paralympics because he has become a living beaten while serving his sentence. On August many religious beliefs such as Falungong testimony to the June 4, 1989[,] massacre. 24, 2007, Chen’s wife, Yuan Weijing, was kid- and the Three Servants. Their followers have That morning, in Tiananmen Square, his napped by police at the Beijing airport while experienced extremely cruel and planned legs were crushed by a tank while he was res- waiting to fly to the Philippines to receive persecutions. Many died from abuse, suffered cuing a fellow student. In April 2007, the the Ramon Magsaysay Award on behalf of torture, brainwashing, imprisonment and

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.037 E08APPT1 wwoods2 on PRODPC68 with REMARKS E540 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 2008 labor camp internment for persisting in their rean refugees, knowing that they would be Resolved, that along with his friends, family, faith, possessing religious books, making sent to labor camps or executed once back and the residents of the 18th Congressional DVDs and writing articles to expose the home. This significantly contravenes China’s District, I congratulate Michael Hamilton on truth of the persecution. accession to the ‘‘Convention Relating to the China has the highest death penalty rate Status of Refugees’’ and the ‘‘Protocol Re- winning the Boys’ Division II State Basketball in the world. Execution statistics are treated lating to the Status of Refugees.’’ Championship. We recognize the tremendous as ‘‘state secrets.’’ However, experts esti- Please be aware that the Olympic Games hard work and sportsmanship he has dem- mate that 8,000–10,000 people are sentenced to will be held in a country where there are no onstrated during the 2007–2008 basketball death in China every year, among them not elections, no freedom of religion, no inde- season. only criminals and economic convicts, but pendent courts, no independent trade unions; f totally innocent citizens, such as Nie where demonstrations and strikes are pro- Shubin, Teng Xingshan, Cao Haixin and hibited; where torture and discrimination COMMEMORATING THE LIFE OF Hugejiletu, whose innocence was proven only are supported by a sophisticated system of SERGEANT THOMAS C. RAY, III after they were already dead. secret police; where the government encour- Another eight innocent farmers, Chen ages the violation of human rights and dig- Guoqing, He Guoqiang, Yang Shiliang, Zhu nity, and is not willing to undertake any of HON. HEATH SHULER Yanqiang, Huang Zhixiang, Fang Chunping, its international obligations. OF NORTH CAROLINA Cheng Fagen and Cheng Lihe, who confessed Please consider whether the Olympic IN THE HOUSE OF REPRESENTATIVES their ‘‘crimes’’ after being cruelly tortured Games should coexist with religious Tuesday, April 8, 2008 by the police, have been sentenced to death persecution[,] labor camps, modern slavery, and are currently held in prisons in Hebei identity discrimination, secret police and Mr. SHULER. Madam Speaker, I rise today [province] and in Jingdezhen [in Jiangxi crimes against humanity. As the Beijing in strong support of H. Res. 1020, which rec- province]. Olympics slogan says, we live in ‘‘one world’’ ognizes the service and sacrifices that the Torture is very common in China’s deten- with ‘‘one dream.’’ We hope that one day the members of our Armed Forces and their fami- tion centers, labor camps and prisons. Tor- Chinese people will be able to share uni- lies have made during this time of war. I rise ture methods include electric shock, burn- versal human rights, democracy and peace with a heavy heart, because the citizens of ing, use of electric needles, beating and with people from all around the world. How- ever, we can see that the Chinese govern- western North Carolina were recently re- hanging, sleep deprivation, forced chemical minded of this sacrifice by the death of my injection causing nerve damage, and piercing ment obviously is not yet prepared to honor the fingers with needles. Every year, there its promise. As a matter of fact, the prepara- constituent, National Guardsman Sergeant are reported cases of Chinese citizens being tions for the Olympics have provided the per- Thomas C. Ray, III from Weaverville, North disabled or killed by police torture. fect excuse for the Chinese government to re- Carolina. Labor camps are still retained as a conven- strict civil liberties and suppress human Sgt. Ray joined the Navy in 1985 as a med- ient Chinese system which allows the police rights! ical specialist and served 3 years of active We do not want China to be contained or to lock up citizens without trial for up to duty. In 2006, Sgt. Ray joined the Army Na- four years. The detention system is another isolated from the rest of the world. We be- lieve that only by adhering to the principles tional Guard and shortly thereafter became a practice that the police favor, freeing them military police officer. Sgt. Ray was assigned to detain citizens for six months to two of human rights and through open dialogue years. Dissidents and human rights activists can the world community pressure the Chi- to the I05th Military Police Battalion in Ashe- are particularly vulnerable targets and are nese government to change. Ignoring these ville, but volunteered to serve with 1132nd often sent to labor camps, detention centers realities and tolerating barbaric atrocities in Military Police Company when it mobilized in or even mental hospitals by authorities who [the] name of the Beijing Olympics will dis- June to go to Iraq. In January of this year, want to simplify legal procedures and mis- grace the Olympic Charter and shake the Sgt. Ray was awarded the Army Commenda- foundations of humanity. Human rights im- lead the media. provement requires time, but we should at tion Medal for his service as a gunner. Sgt. China has the world’s largest secret police Ray was killed in Baghdad, Iraq on March 22, system, the Ministry of National Security least stop China’s human rights situation from deteriorating. Having the Olympics 2008 when a roadside bomb blew up near his (guo an) and the Internal Security Bureau vehicle. (guo bao) of the Ministry of Public Security, hosted in a country where human dignity is which exercise power beyond the law. They trampled on will not honor its people or the Madam Speaker, Sgt. Ray exemplified the can easily tap telephones, follow citizens, Olympic Games. We sincerely hope that the bravery and dedication of the men and women Olympic Games will bring the values of place them under house arrest, detain them of the Armed Forces, and his life of service peace, equality, freedom and justice to 1.3 and impose torture. On June 3, 2004, the Chi- stands as a tribute to the members of the billion Chinese citizens. We pray that the nese secret police planted drugs on North Carolina National Guard who have an- Olympics will be held in a free China. Chongqing dissident Xu Wanping and later We must push for the 2008 Olympics to live swered the call since before the founding of sentenced him to 12 years’ imprisonment for up to the Olympic Charter[,] and we must ad- our Nation. In the words of President Franklin ‘‘subversion of state power.’’ vocate for the realization of ‘‘one world’’ D. Roosevelt, Sgt. Ray ‘‘stands in the unbro- Chinese citizens have no right to elect with ‘‘one human rights dream.’’ We believe state leaders, local government officials or ken line of patriots who have dared to die that that only an Olympic Games true to the representatives. In fact, there has never been freedom might live, and grow, and increase its Olympic Charter can promote China’s demo- free exercise of election rights in township- blessings. Freedom lives, and through it, he cratic progress, world peace and develop- lives—in a way that humbles the undertakings level elections. Wuhan resident Sun Bu’er, a ment. member of the banned political party the We firmly hold to the belief that there can of most men.’’ Pan-Blue Alliance, was brutally beaten in be no true Olympic Games without human I offer a prayer of comfort for the family of September 2006 for participating as an inde- rights and dignity. For China and for the Sgt. Ray, including his wife, Linda, his daugh- pendent candidate during an election of Olympics, human rights must be upheld! ter, Sydney, and his mother, Ozelle. county-level people’s congress representa- f Madam Speaker, I urge my colleagues tives. Mr. Sun disappeared on March 23, 2007. today to vote for this important resolution that China continues to cruelly discriminate A PROCLAMATION HONORING MI- will give due honor and respect to the service against its rural population. According to CHAEL HAMILTON FOR WINNING the Chinese election law, a farmer’s right to that members of the Armed Services have vote is worth one quarter of that of an urban THE BOYS’ DIVISION II STATE dedicated to this country. I also ask my col- resident. In June 2007, the Shanxi kiln scan- BASKETBALL CHAMPIONSHIP leagues to join me in expressing sympathy for dal was exposed by the media. Thousands of all our fallen soldiers and pray for the swift 8- [to-] 13[-]year-old trafficked children had HON. ZACHARY T. SPACE and safe return of those who continue to serve been forced to labor in illegal kilns, almost OF OHIO our Nation in harms way. all with local government connections. Many IN THE HOUSE OF REPRESENTATIVES f of the children were beaten, tortured and even buried alive. Tuesday, April 8, 2008 RECOGNIZING KARL SCHROEDER The Chinese judiciary still illegally forbids Mr. SPACE. Madam Speaker: OF OSSIAN, IOWA any HIV/AIDS lawsuits against government Whereas, Michael Hamilton showed hard officials responsible for the tragedy. AIDS work and dedication to the sport of basketball; sufferers and activists have been constantly HON. TOM LATHAM harassed by the secret police. and OF IOWA The Chinese government has been selling Whereas, Michael Hamilton was a sup- IN THE HOUSE OF REPRESENTATIVES portive team player; and arms and weapons to Darfur and other Afri- Tuesday, April 8, 2008 can regions to support ethnic cleansing and Whereas, Michael Hamilton always dis- crimes against humanity. The Chinese au- played sportsmanship on and off of the court; Mr. LATHAM. Madam Speaker, I rise today thorities have forcibly repatriated North Ko- now, therefore, be it to recognize Karl Schroeder of Ossian, Iowa

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.041 E08APPT1 wwoods2 on PRODPC68 with REMARKS April 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E541 as a recipient of the Governor’s Meritorious This new version of the bill will provide 8 Madam Speaker, I ask the entire House of Service Award for saving another’s life by risk- weeks of paid parental leave to all employees Representatives to join me in honoring Dr. ing his own. of the Federal Government. In the legislative Wolfgang K. H. ‘‘Pief’’ Panofsky. Through his The Meritorious Service Award is presented branch, this includes employees of the Chief many contributions to particle physics and to those individuals who have rendered expe- Administrative Officer, the Capitol Guide Serv- arms control policy, he has left a legacy of ditious service in a time of emergency. The ice, the Capitol Police, the Congressional brilliance and social consciousness which will Governor and Public Safety Commissioner Budget Office, the Office of the Architect of never be forgotten. paid tribute to Karl and 24 other Iowans during the Capitol, the Office of the Attending Physi- f the 2007 Governor’s Lifesaving Awards cere- cian, Office of Compliance, Office of Tech- mony. nology Assessment, Member and committee A PROCLAMATION HONORING On January 12, 2007, Karl happened upon offices, and employees of the Government Ac- CALEB KNIGHTS FOR WINNING an accident on Division Street in Decorah, countability Office and the Library of Con- THE BOYS’ DIVISION II STATE Iowa, and saw that a vehicle was engulfed in gress. BASKETBALL CHAMPIONSHIP flames. He called 911 and then immediately As our Nation’s largest employer, the Fed- went to the vehicle. He attempted to free pas- eral Government should be a leader in family- HON. ZACHARY T. SPACE senger, Olive Sims, from the car by cutting the friendly workplace policies. Current policy not OF OHIO safety belt with a knife. He was unable to re- only does not lead, but in fact lags behind IN THE HOUSE OF REPRESENTATIVES what most private sector employers provide. In move her because her leg was broken and Tuesday, April 8, 2008 she was wedged in the car. Karl stayed with a time when the Federal Government is strug- Olive until the officers arrived on the scene gling to recruit and retain the most qualified Mr. SPACE. Madam Speaker: and pulled her to safety. workforce, offering family-friendly workplace Whereas, Caleb Knights showed hard work Karl’s bravery goes above and beyond what policies will not only make the Federal Gov- and dedication to the sport of basketball; and we are asked of as citizens of this country. His ernment a more attractive employer, but will Whereas, Caleb Knights was a supportive courage illustrates the compassion of Iowans, also set a standard for other industries to fol- team player; and willing to risk their own lives for a neighbor in low. Whereas, Caleb Knights always displayed need. For this I offer him my utmost respect, f sportsmanship on and off of the court; now, therefore, be it congratulations and thanks. A TRIBUTE TO DR. WOLFGANG K. Resolved, that along with his friends, family, I commend Karl Schroeder for his bravery. H. PANOFSKY I am honored to represent him in the United and the residents of the 18th Congressional States Congress and I wish him the best in his HON. ANNA G. ESHOO District, I congratulate Caleb Knights on win- future endeavors. ning the Boys’ Division II State Basketball OF CALIFORNIA f Championship. We recognize the tremendous IN THE HOUSE OF REPRESENTATIVES hard work and sportsmanship he has dem- A PROCLAMATION HONORING AN- Tuesday, April 8, 2008 onstrated during the 2007–2008 basketball THONY HITCHENS FOR WINNING Ms. ESHOO. Madam Speaker, I rise today season. THE BOYS’ DIVISION II STATE to honor the life of particle physicist, presi- f BASKETBALL CHAMPIONSHIP dential advisor and arms control advocate, Dr. HONORING THE 60TH ANNIVER- Wolfgang K. H. Panofsky, who died on Sep- SARY OF THE 3RD U.S. INFAN- tember 27, 2007 in his home in Los Altos, HON. ZACHARY T. SPACE TRY REGIMENT’S CONTINUOUS California. He is survived by his wife Adele; OF OHIO GUARDING OF THE TOMB OF two daughters, Margaret and Carol; three IN THE HOUSE OF REPRESENTATIVES THE UNKNOWNS sons, Edward, Richard and Steven; nine Tuesday, April 8, 2008 grandchildren; and two great-grandchildren. Mr. SPACE. Madam Speaker: ‘‘Pief,’’ as he was more affectionately HON. HEATH SHULER Whereas, Anthony Hitchens showed hard known, was born in 1919 in Berlin. At the age OF NORTH CAROLINA work and dedication to the sport of basketball; of 15, Dr. Panofsky immigrated with his family IN THE HOUSE OF REPRESENTATIVES and to the United States where he received de- Tuesday, April 8, 2008 Whereas, Anthony Hitchens was a sup- grees from Princeton and the California Insti- portive team player; and tute of Technology. In 1951, he accepted a Mr. SHULER. Madam Speaker, I rise today Whereas, Anthony Hitchens always dis- professorship at Stanford University and, from to honor the men and women of the 3rd U.S. played sportsmanship on and off of the court; 1961 to 1984, served as the founding director Infantry Regiment, also known as the Old now, therefore, be it of the Stanford Linear Accelerator Center Guard. This past Sunday, April 6th, marked Resolved, that along with his friends, family, (SLAC). the 60th anniversary of the continuous guard and the residents of the 18th Congressional Under his leadership, SLAC became one of detail provided by the Old Guard at the Tomb District, I congratulate Anthony Hitchens on the most productive research facilities ever of the Unknowns at Arlington National Ceme- winning the Boys’ Division II State Basketball constructed. Its research in high-energy phys- tery. Championship. We recognize the tremendous ics and subatomic particles would yield three Guarding the Tomb of the Unknowns is a hard work and sportsmanship he has dem- Nobel Prizes and the discovery of new forms great military honor that requires the utmost onstrated during the 2007–2008 basketball of matter. perseverance and dedication by those chosen season. The wide-reaching moral and ethical reper- for the detail. The monument holds the re- f cussions of his work, particularly his earlier mains of select unknown soldiers from World contributions to the Manhattan Project, were War I and II, the Korean war, and the Vietnam INTRODUCTION OF ‘‘THE FEDERAL not lost on Dr. Panofsky. He carried his zest war. The guardsmen’s vigilant watch over the EMPLOYEES PAID PARENTAL for discovery into impassioned advocacy, memorial is a sign of honor and remembrance LEAVE ACT OF 2008’’ working with our Nation’s highest offices and for all of the soldiers, sailors, marines, airmen, across borders and seas to prevent nuclear and coast guardsmen who have lost their lives HON. CAROLYN B. MALONEY catastrophe. in service to the United States and whose re- OF NEW YORK Dr. Panofsky served as an adviser on arms mains could not be returned to their families. IN THE HOUSE OF REPRESENTATIVES control in the Kennedy and Johnson Adminis- Each body interred in the memorial is awarded trations, helping to secure the Atmospheric the Medal of Honor, the highest symbol of rec- Tuesday, April 8, 2008 Test Ban Treaty in 1963 and the Anti-Ballistic ognition of service for the United States mili- Mrs. MALONEY of New York. Madam Missile Treaty of 1972. In 1983, as the Cold tary. Speaker, today on behalf of myself, Chairman War marked an increasingly divided world, Dr. Madam Speaker, I urge my colleagues to DANNY DAVIS, Chairman GEORGE MILLER, Mr. Panofsky dismissed the Reagan Administra- join me in thanking the soldiers of the Old HOYER, Ranking Member TOM DAVIS and 17 tion’s ‘‘Star Wars’’ weapons initiative, and ad- Guard for their vigilance and dedication for the other members, I introduce a new version of vocated instead for collaboration between past 60 years in providing a constant guard at the Federal Employees Paid Parental Leave SLAC and Chinese and Russian scientists as the Tomb of the Unknowns. Their efforts en- Act of 2008. a deterrent to nuclear war. sure that we as a Nation will never forget the

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.044 E08APPT1 wwoods2 on PRODPC68 with REMARKS E542 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 2008 service and sacrifice of all of the men and the Ed Stout Memorial Award for Outstanding HONORING THE 40TH women who have served our Nation in uni- Victim Advocacy. ANNIVERSARY OF WBBM–AM (780) form, including those who never returned. And ‘‘outstanding’’ he is in so many ways! f Most people know Jim as the ‘‘father of the HON. RAHM EMANUEL RECOGNIZING NEW HAMPTON, victim impact statement.’’ Thirty-two years OF ILLINOIS IOWA POLICE OFFICER CHARLES ago, when he was Chief Probation Officer in IN THE HOUSE OF REPRESENTATIVES LEMBKE Fresno County, Jim saw a void in how courts Tuesday, April 8, 2008 made their sentencing decisions. In 1976, his Mr. EMANUEL. Madam Speaker, I rise revolutionary idea allowed written or oral infor- HON. TOM LATHAM today to recognize WBBM–AM, which this mation to be presented about the impact of OF IOWA year them continued success. will celebrate its the crime on the victim and the victim’s family. IN THE HOUSE OF REPRESENTATIVES fortieth anniversary as an all-news outlet. To honor Jim’s work in Fresno County, last WBBM–AM, more commonly known as Tuesday, April 8, 2008 year the Fresno County Probation Department Newsradio 780, became an all-news radio sta- Mr. LATHAM. Madam Speaker, I rise today renamed their crime victim facility as the tion in 1968 Under the direction of John to recognize the service of New Hampton, James Rowland Crime Victim Assistance Cen- Callaway. Today, with a power of 50,000 Iowa Police Officer Charles Lembke on the oc- ter. watts, Newsradio 780 is one of the highest casion of his retirement, and to express my These statements allowed courts to refocus rated stations in Chicago, providing listeners appreciation for his dedication and commit- their attention on the human costs of crime, with the latest local, national, and international ment to protecting the citizens of his commu- and provide a way for victims to participate news. nity. and have a true voice in the criminal justice On May 6, 2008, WBBM–AM will celebrate For the last 28 years, Officer Lembke has process. Today, all 50 states and the Federal its 40th anniversary with a live midday broad- served New Hampton faithfully and honorably. government allow victim impact statements in cast from Daley Plaza in Chicago, and I am Officer Lembke’s daily courage goes above sentencing hearings. proud to recognize the radio station for serving and beyond what we are asked of as citizens as a trusted news source for 40 years. Known of this country. His service in providing safety But Jim didn’t stop there. He served as the for its outstanding journalism as well as traffic to his community earns him respect and President of NOVA from 1981 to 1983, when and weather together on the 8s, WBBM–AM is honor, and for this, I offer him my utmost re- the National Organization for Victim Assist- a resource to Chicagoans at home, at work, spect, congratulations and thanks. ance was helping to actually create a ‘‘victim and on the way. I commend Officer Charles Lembke for his assistance field.’’ This was back in the days Madam Speaker, as a listener and a Mem- many years of loyal service in protecting when victims’’ rights and victim services were ber of Congress from Chicago, I congratulate Iowans. It is an immense honor to represent almost non-existent. WBBM–AM on their 40th year of all-news Officer Lembke in the United States Congress, When Jim Rowland was Director of the Cali- broadcasting, and I wish them continued suc- and I wish him a long, happy, and healthy re- fornia Department of Corrections, he was ap- cess. tirement. pointed as the first Chair of the American Cor- f f rectional Association’s Task Force on Victims CLIMATE CHANGE PUTS OUR of Crime in 1987. Its landmark Report and A PROCLAMATION HONORING HEALTH AT RISK! SETH DAWES FOR WINNING THE Recommendations for Victim Services in Cor- BOYS’ DIVISION II STATE BAS- rections helped create corrections-based vic- HON. BOB FILNER KETBALL CHAMPIONSHIP tim assistance programs to provide support and assistance to victims in the post-sen- OF CALIFORNIA tencing phases of their cases. Earlier this IN THE HOUSE OF REPRESENTATIVES HON. ZACHARY T. SPACE year, Hawaii became the 50th state to estab- Tuesday, April 8, 2008 OF OHIO lish a victim assistance program within its De- IN THE HOUSE OF REPRESENTATIVES Mr. FILNER. Madam Speaker and col- partment of Corrections. Mahalo, Jim! leagues, last month news agencies around the Tuesday, April 8, 2008 These accomplishments are amazing, but world reported that more than 160 square Mr. SPACE. Madam Speaker: they pale in comparison to the number of pro- miles of the Wilkins Shelf had broken away Whereas, Seth Dawes showed hard work fessionals and volunteers who have benefited from the Antarctic coast. Americans are con- and dedication to the sport of basketball; and over the past 40 years from Jim Rowland’s cerned that climate change may be happening Whereas, Seth Dawes was a supportive guidance, mentoring and support. He is a faster than previously thought. We are growing team player; and kind, gentle and thoughtful man who has given increasingly concerned as we see before us Whereas, Seth Dawes always displayed so much to so many people, including crime the direct connection between climate change sportsmanship on and off of the court; now, victims and those who serve them. and our health. It is now indisputable that there is a direct therefore, be it We wouldn’t have a Congressional Victim’s Resolved, that along with his friends, family, connection between climate change and Rights Caucus today, were it not for the vi- and the residents of the 18th Congressional health. The scientific community has decisively sionary efforts of Jim Rowland. Decades ago, District, I congratulate Seth Dawes on winning stated that human beings are responsible for he promoted victims’ rights laws, policies and the Boys’ Division II State Basketball Cham- climate change and that the impacts of climate practices that our Caucus was created to pro- pionship. We recognize the tremendous hard change will worsen as emissions continue to mote in the U.S. Congress. work and sportsmanship he has demonstrated rise. We must support and promote policies during the 2007–2008 basketball season. Jim is described by his colleagues as a that strengthen public health leadership and f ‘‘pioneer,’’ a ‘‘hero,’’ and an ‘‘outstanding Old work force capacity to ensure the infrastruc- Buffalo.’’ I am proud to describe him as a con- ture is in place and ready to handle our future HONORING JAMES ROWLAND stituent from my Congressional District in needs. Fresno, California, and as a colleague who in- The time has come to accept responsibility HON. JIM COSTA spires all my efforts on behalf of victims of for how our lifestyles have contributed to cli- OF CALIFORNIA crime. mate change and vow to be part of the solu- tion. We must work to learn more about how IN THE HOUSE OF REPRESENTATIVES Ed Stout, in whose name this award is what happens in our home, community and given, knew and worked with Jim Rowland. Ed Tuesday, April 8, 2008 workplace has global impact. Mr. COSTA. Madam Speaker, I rise today to would, without a doubt, say ‘‘great choice’’ in There are many little things we all can do to honor one of our Nation’s best victim’s rights honoring Jim with this award. He would also make a big difference. We can: Prepare for advocates. When you navigate the path of likely ask, ‘‘what took you so long?’’! climate change-related emergencies and be America’s victims’ rights movement, there is It gives me great pleasure to honor Jim informed about the health impacts of climate one person whose footprints are impossible to Rowland, one of the true pioneers in victim change and regional climate change issues fill, difficult to ignore, and wonderful to follow. advocacy, with the 2008 Ed Stout Memorial facing our community. Leave the car at home He is James Rowland, this year’s recipient of Award for Outstanding Victim Advocacy. and use public transportation, carpool,

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.047 E08APPT1 wwoods2 on PRODPC68 with REMARKS April 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E543 walk, bike, or telecommute. Eat less meat and immediately or not, will never be the same. CONGRATULATING THE HAMMOND buy local produce from our community farmers And all the gifts that these children might have CENTRAL LADY RED DEVILS market. Use recycled paper, print less, use brought to humanity are now lost forever. UPON WINNING THE 2008 NEW YORK STATE GIRLS BASKET- energy saving computer settings and green Yet even in the full glare of such tragedy, BALL CLASS D CHAMPIONSHIP our office. Seal and insulate our homes, re- this generation clings to a blind, invincible ig- duce, reuse, recycle and use water efficiently. norance while history repeats itself and our We should know that we are all in this to- own silent genocide mercilessly annihilates the HON. JOHN M. McHUGH gether. For over a decade, the first full week most helpless of all victims to date, those yet OF NEW YORK in April has been National Public Health unborn. IN THE HOUSE OF REPRESENTATIVES Week. 50,000 members of the American Pub- Tuesday, April 8, 2008 lic Health Association and its affiliates, across Madam Speaker, perhaps it is important for the Nation are speaking out this week on cli- those of us in this Chamber to remind our- Mr. MCHUGH. Madam Speaker, I rise today mate change and health. That’s because selves again of why we are really all here. to congratulate the Hammond Central School District’s Lady Red Devils of Hammond, New when it comes to climate change, our health Thomas Jefferson said, ‘‘The care of human is in the balance. York, upon winning the 2008 New York State life and its happiness and not its destruction is Girls Basketball Class D Championship. It is f the chief and only object of good govern- an honor to represent the Lady Red Devils, A PROCLAMATION HONORING MI- ment.’’ who are the first North Country team to win CHAEL TURNER FOR WINNING The phrase in the 14th amendment capsul- back-to-back championships. THE BOYS’ DIVISION II STATE izes our entire Constitution. It says: ‘‘No state On March 16, 2008, the Hammond Central BASKETBALL CHAMPIONSHIP shall deprive any person of life, liberty or prop- Lady Red Devils won their second New York erty without due process of law.’’ Madam State Girls Basketball Class D Championship HON. ZACHARY T. SPACE Speaker, protecting the lives of our innocent when they defeated the John A. Coleman Catholic High School Stateswomen by a score OF OHIO citizens and their constitutional rights is why of 47 to 38. In that game, the Lady Red Devils IN THE HOUSE OF REPRESENTATIVES we are all here. It is our sworn oath. charged to a 10–1 first-quarter advantage and Tuesday, April 8, 2008 The bedrock foundation of this Republic is played tough defense as they worked to de- that clarion Declaration of the self-evident truth fend their State title. Of note, Aubrie Dunn Mr. SPACE. Madam Speaker: that all human beings are created equal and Whereas, Michael Turner showed hard work pulled down 10 rebounds, Nicole Davidson endowed by their creator with the unalienable and dedication to the sport of basketball; and had 9 rebounds and 12 points, and tour- rights of life, liberty and the pursuit of happi- Whereas, Michael Turner was a supportive nament MVP Brittany Kenyon scored 17 ness. Every conflict and battle our Nation has team player; and points. ever faced can be traced to our commitment Whereas, Michael Turner always displayed The Hammond Central Lady Red Devils sportsmanship on and off of the court; now, to this core self-evident truth. It has made us completed the 2008 season with a record of therefore, be it the beacon of hope for the entire world. It is 24 and 4. They were coached by Athletic Di- Resolved, that along with his friends, family, who we are. rector Shawn Dack and assistant coaches and the residents of the 18th Congressional And yet Madam Speaker, another day has Larry Hollister, Superintendent Doug District, I congratulate Michael Turner on win- passed, and we in this body have failed again McQueer, and Chet Truskowski. Other team ning the Boys’ Division II State Basketball to honor that foundational commitment. We members were scorekeepers Todd Dack and Championship. We recognize the tremendous failed our sworn oath and our God-given re- Cathy Tulley and players Whitney Atkins, hard work and sportsmanship he has dem- sponsibility as we broke faith with nearly 4,000 Cassie Cunningham, Jessie Disotell, Brooke onstrated during the 2007–2008 basketball more innocent American babies who died Hollister, Katlyn Hunt, Malynda Jenne, Jackie season. today without the protection that we should Knight, Jessica Martin, Jessica Measheaw, f have given them. Sara Measheaw, and Sarah Sheridan. Madam Speaker, it takes a tremendous SUNSET MEMORIAL Madam Speaker, let me conclude, in the amount of dedication, discipline, hard work, hope that perhaps someone new who heard and teamwork to win a State championship, this sunset memorial tonight will finally em- let alone to win consecutive State champion- HON. TRENT FRANKS brace the truth that abortion really does kill lit- OF ARIZONA ships. I am very proud of the Hammond Cen- tle babies, that it hurts mothers in ways that tral Lady Red Devils and ask my colleagues to IN THE HOUSE OF REPRESENTATIVES we can never express, and that 12,860 days join with me in extending our congratulations Tuesday, April 8, 2008 spent killing nearly 50 million unborn children to this team, their families, and the community. Mr. FRANKS of Arizona. Madam Speaker, I in America is enough; and that the America f stand once again before this body with yet an- that rejected human slavery and marched into A PROCLAMATION HONORING other Sunset Memorial. Europe to arrest the Nazi Holocaust, is still ALEX GROW FOR WINNING THE It is April 8, 2008, in the land of the free and courageous and compassionate enough to BOYS’ DIVISION II STATE BAS- the home of the brave, and before the sun set find a better way for mothers and their babies KETBALL CHAMPIONSHIP today in America, almost 4,000 more defense- than abortion on demand. less unborn children were killed by abortion on So tonight, Madam Speaker, may we each demand—just today. That is more than the remind ourselves that our own days in this HON. ZACHARY T. SPACE OF OHIO number of innocent American lives that were sunshine of life are also numbered and that all IN THE HOUSE OF REPRESENTATIVES lost on September 11th, only it happens every too soon each of us will walk from these day. Chambers for the very last time. Tuesday, April 8, 2008 It has now been exactly 12,860 days since And if it should be that this Congress is al- Mr. SPACE. Madam Speaker: the travesty called Roe v. Wade was handed lowed to convene on yet another day to come, Whereas, Alex Grow showed hard work and down. Since then, the very foundation of this may that be the day when we finally hear the dedication to the sport of basketball; and Nation has been stained by the blood of al- cries of the innocent unborn. May that be the Whereas, Alex Grow was a supportive team most 50 million of our own children. day we find the humanity, the courage, and player; and Some of them, Madam Speaker, cried and Whereas, Alex Grow always displayed the will to embrace together our human and screamed as they died, but because it was sportsmanship on and off of the court; now, our constitutional duty to protect the least of amniotic fluid passing over their vocal cords therefore, be it instead of air, we couldn’t hear them. these, our tiny American brothers and sisters, Resolved, that along with his friends, family, All of them had at least four things in com- from this murderous scourge upon our Nation and the residents of the 18th Congressional mon. called abortion on demand. District, I congratulate Alex Grow on winning They were each just little babies who had It is April 8, 2008—12,860 days since Roe the Boys’ Division II State Basketball Cham- done nothing wrong to anyone. Each one of v. Wade first stained the foundation of this na- pionship. We recognize the tremendous hard them died a nameless and lonely death. And tion with the blood of its own children—this, in work and sportsmanship he has demonstrated each of their mothers, whether she realizes it the land of free and the home of the brave. during the 2007–2008 basketball season.

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\K08AP8.023 E08APPT1 wwoods2 on PRODPC68 with REMARKS E544 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 2008 INTRODUCTION OF H.R. 5721, THE Health and Human Services to help our Na- Captain Anzevino earned the Bronze Star STRENGTHENING THE SAFETY tion’s health care providers fund health access while he was commander of Co. L, 3rd Bat- NET ACT OF 2008 networks, which will get low income and unin- talion, 6th Marine Regiment, 2nd Marine Divi- sured patients who need basic medical care sion of the II Marine Expeditionary Force in HON. JOHN SULLIVAN out of emergency rooms and into primary care Iraq. He was team chief and staff maneuver OF OKLAHOMA facilities. These networks would be required to advisor for the Military Transition Team. 1st IN THE HOUSE OF REPRESENTATIVES provide high quality primary, outpatient, inpa- Battalion. 3rd Brigade, 1st Iraqi Army Division, tient and specialty care to uninsured and other from January to July 2007. Tuesday, April 8, 2008 medically vulnerable populations in an effort to His award citation states, ‘‘Anzevino pro- Mr. SULLIVAN. Madam Speaker, today, I reduce the costs of treating these individuals vided advice and assistance to Iraqi leaders of am pleased to introduce H.R. 5721, the for hospitals and taxpayers alike. 1st Battalion during counterinsurgency oper- Strengthening the Safety Net Act of 2008. This According to a 2005 study by the Lewin ations, which led to the elimination of numer- important legislation will increase Medicaid Group on Strategic Planning for Safety-Net ous insurgents.’’ Disproportionate Share Hospital (DSH) pay- Services, Tulsa, like many communities, faces Captain Anzevino’s bravery goes above and ments to Oklahoma and 19 other low DSH many challenges in its delivery, financing and beyond what we are asked of as citizens of States and bring Oklahoma’s hospitals on organization that limit its ability to successfully this country. His heroism illustrates the com- equal footing with other States who receive meet the needs of safety-net populations. To passion of Iowans; willing to risk their own their fair share of DSH funds. give an example, the price of treating the indi- lives for their country. For this I offer him my With Oklahoma having the fourth highest gent at our hospital emergency rooms is as- utmost respect, congratulations, and thanks. rate of uninsured in the Nation, it is critical that tounding compared to the cost of treating I commend Captain Jeremy Anzevino’s cou- Oklahoma hospitals receive a fair distribution someone in a primary care setting. To give rageousness and service to our great nation. of DSH funds we need to care for our indigent you an example: the Oklahoma Health Care I am honored to represent Captain Anzevino population. This legislation will increase the Authority recently found that the cost of a in the United States Congress and I wish him rate that unused DSH funds are reimbursed to claim for asthma treatment in a primary care the best in his future service to our country. these low DSH States from the current rate of setting was $34.12 per claim, while the aver- f 16 percent to 19.5 percent for the next 5 age cost for the same asthma treatment in an years. The Medicare Modernization Act of emergency room setting was $61.20 per A PROCLAMATION HONORING 2003 statutorily defined low DSH States and claim. While some of these claims may have JAMES VAN VOORHIS FOR WIN- provided these States with 16 percent funding been emergencies, it is clear that treatment in NING THE BOYS’ DIVISION II increases each year for the last 5 fiscal years. an outpatient setting is significantly less, al- STATE BASKETBALL CHAMPION- In total, there are 20 States that have lower most two times less, than treatment in an SHIP DSH allotments, including: Alaska, Arizona, emergency room. Without these networks in Arkansas, Delaware, Florida, Idaho, Iowa, place, the majority of Oklahoma’s uninsured HON. ZACHARY T. SPACE Maine, Maryland, Minnesota, Montana, Ne- will continue to go without a primary OF OHIO braska, New Mexico, North Dakota, Okla- healthcare provider. IN THE HOUSE OF REPRESENTATIVES homa, Oregon, South Dakota, Utah, Wis- Lastly, my bill also changes the grandfather Tuesday, April 8, 2008 consin, and Wyoming. The 16 percent rate ex- clause for the mandatory requirement related pires at the end of this fiscal year, so it is crit- to hospitals providing nonemergency obstetric Mr. SPACE. Madam Speaker: ical that we increase this percentage so that services which are located in low DSH States. Whereas, James Van Voorhis showed hard our hospitals do not feel the financial strain of The new grandfather clause will be the date work and dedication to the sport of basketball; providing health care services to the indigent. this law becomes enacted. The purpose of this and Under the 19.5 percent increases, Okla- change is to remove a constraint imposed on Whereas, James Van Voorhis was a sup- homa will receive an additional $49 million in low DSH States whose rural hospitals stopped portive team player; and Federal funds which, when matched by the providing nonemergency obstetrics during the Whereas, James Van Voorhis always dis- State, could amount to $75 million over the 5- 1990s and early 2000s due to rising liability in- played sportsmanship on and off of the court; year period to allocate to Oklahoma hospitals surance costs. The change is intended to en- now, therefore, be it to help offset the costs of uncompensated courage low DSH States to change their ap- Resolved, that along with his friends, family, care. Oklahoma hospitals provided $325 mil- proach to funding more hospitals through the and the residents of the 18th Congressional lion in uncompensated care costs in 2006. DSH program. Should my legislation become District, I congratulate James Van Voorhis on H.R. 5721 will help decrease uncompensated law, 16 additional Oklahoma hospitals will be winning the Boys’ Division II State Basketball care costs for Oklahoma hospitals and ensure able to qualify for DSH funds. Championship. We recognize the tremendous fairness among all 50 States by equitably dis- I am pleased to have the support of the hard work and sportsmanship he has dem- tributing unused DSH Funds. Oklahoma Health Care Authority, the Okla- onstrated during the 2007–2008 basketball Since this bill is being solely funded through homa Hospital Association and advocates for season. unused Federal DSH allotments, the funding Tulsa health-plexes for the Strengthening the f source of the bill merely utilizes funds that are Safety Net Act of 2008. As a member of the IN MEMORY OF PETTY OFFICER currently being returned to the Federal Gov- House Energy and Commerce Subcommittee MICHAEL ANTHONY MONSOOR ernment by other States that do not use all of on Health, I am looking forward to working their DSH funds. These unused funds cur- with my colleagues on the committee to see rently are not being used toward any other this legislation become law. HON. DUNCAN HUNTER health care related programs. f OF CALIFORNIA Another important issue which needs to be IN THE HOUSE OF REPRESENTATIVES addressed is access to quality, affordable RECOGNIZING CAPTAIN JEREMY D. health care, especially within our Nation’s indi- ANZEVINO Tuesday, April 8, 2008 gent population. Indigent patients in Oklahoma Mr. HUNTER. Madam Speaker, I rise today and our Nation face a significant number of HON. TOM LATHAM to honor and pay tribute to the life and mem- unmet health care needs. These patients have OF IOWA ory of former Petty Officer Second Class Mi- difficulty accessing primary, diagnostic and IN THE HOUSE OF REPRESENTATIVES chael Anthony Monsoor, who has been award- specialty care and rely on hospital emergency ed this Nation’s highest military honor, the rooms as their primary entry into the health Tuesday, April 8, 2008 Medal of Honor. A California native, Michael care system. The price of treating the indigent Mr. LATHAM. Madam Speaker, I rise today courageously gave his life in the service of his at hospital emergency rooms is astounding to recognize Captain Jeremy D. Anzevino as country, upholding and reflecting the highest compared to care found in a primary care set- a recipient of a Bronze Star Medal for heroic traditions of the United States Navy. ting. H.R. 5721 will help bring down these achievement during combat operations in sup- Born April 5, 1981, in Long Beach Cali- costs and save taxpayer dollars in the proc- port of Operation Iraqi Freedom. The Bronze fornia, Michael attended Garden Grove High ess. Star is the fourth highest award that the De- School where he played football. He enlisted My legislation will create an innovative new partment of Defense gives for bravery. her- in the U.S. Navy on March 21, 2001 and at- grant program through the Department of oism, and meritorious service. tended Basic Training at Recruit Training

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.054 E08APPT1 wwoods2 on PRODPC68 with REMARKS April 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E545 Command, Great Lakes, Illinois. After gradua- Petty Officer Michael Anthony Monsoor was turned over to KBR, not the appropriate law tion, he attended Quartermaster School and posthumously awarded the Medal of Honor by enforcement authorities as is standard in rape then transferred to the Naval Air Station, the President of the United States on April 8, cases. It’s not a surprise then that KBR lost Sigonella, Italy, for a brief period. 2008. the very evidence that could be used against From this assignment, Michael entered An ancient historian once wrote, ‘‘The brav- it. Basic Underwater Demolition/SEAL (BUD/S) est are surely those who have the clearest vi- Jamie was then kept in a shipping con- training in Coronado, California, where he sion of what is before them, glory and danger tainer, under armed guard. She was told that graduated as one of the top performers in his alike, and yet not withstanding, go out to meet this was to protect her. It was really a way to class. After BUD/S training, he completed ad- it.’’ Madam Speaker, these words could speak keep her from telling others what she endured. vanced SEAL training, including parachute no better for the personal commitment of war- Jamie convinced a sympathetic guard to let training, at Basic Airborne School, Fort riors like Petty Officer Monsoor whose service her use his cell phone. Jamie called her dad Benning. Georgia, and cold weather training in and sacrifice in the face of evil cannot be for- and asked for help. Her dad then called my of- Kodiak, Alaska. gotten. fice. My staff and I contacted the Department Following his rating as Master-at-Arms, he Michael is survived by his mother Sally, his of State. Within 48 hours, agents were dis- was assigned to SEAL Team THREE Delta father George, his sister Sara and his two patched from the embassy in Baghdad and Platoon and deployed with his platoon to Iraq brothers James and Joseph who will always sent to rescue Jamie. in April 2006 in support of Operation IRAQI cherish the memories of his loving and caring It’s been nearly 3 years since Jamie was FREEDOM, and was subsequently assigned devotion to all that touched his life. A loyal assaulted. No one has been held accountable to Task Unit Bravo in Ar Ramadi. From then friend and an exceptional SEAL, he is sorely for what happened to Jamie. For 21⁄2 years, until September 2006, Michael served as a missed by his brave brothers in Task Unit the Department of Justice was silent as to heavy weapons machine gunner and, during Bravo. I extend my prayers and deepest con- what it was doing, if anything, to prosecute the combat patrols, he walked behind the platoon dolences to his loving family and friends and criminals. Its silence was broken once Jamie point man with his Mk 48 machine gun as pro- ask that my colleagues join me today in pay- went public with her case. tection against a frontal assault. On 15 such ing tribute to the life and memory of this true In December 2007, Jamie went to the na- missions Michael served tirelessly with his pla- American hero. tional media with her story. Since Jamie went toon in one of the most hazardous areas in f to the press, my office has heard from several Iraq and, under the rendering of summer heat, other former contractors alleging sexual as- he bore the extra burden of heavy commu- RECOGNIZING THE SECOND ANNI- saults in Iraq. Jamie has heard from as many nication gear and a full ammunition load. VERSARY OF THE SIGNING OF as 40 women through the nonprofit organiza- Michael and his platoon operated in a highly THE MANIFESTO ON FREEDOM tion she created, the Jamie Leigh Foundation, contested part of Ramadi city called the AND DEMOCRACY FOR VIETNAM to help other Americans victimized while work- Ma’laab district. During their deployment he ing abroad as government contractors. and his fellow SEALs came under enemy at- HON. ZOE LOFGREN By telling her story, Jamie showed other vic- tack on 75 percent of their missions. On May OF CALIFORNIA tims that it is okay to come forward and talk 9, 2006 Michael rescued a SEAL who was IN THE HOUSE OF REPRESENTATIVES about their assaults. She opened this coun- shot in the leg. He ran out in the street with try’s eyes to the ‘‘boys will be boys’’ atmos- Tuesday, April 8, 2008 another SEAL, shot cover fire and dragged his phere among the contractors in Iraq. And per- comrade to safety under intense enemy fire Ms. ZOE LOFGREN of California. Madam haps most importantly, she showed other vic- earning a Silver Star for gallantry. Speaker, I rise today to recognize the second tims that they are not alone in their struggle to But Michael’s bravery did not end with this anniversary of the signing of the Manifesto on piece their lives back together. brave act. His Medal of Honor Citation reflects Freedom and Democracy for Vietnam. This And that’s just the way it is. that on September 29, 2006, ‘‘as a member of Manifesto, originally signed by 118 Viet- f a combined SEAL and Iraq Army sniper namese citizens and subsequently signed by overwatch element, tasked with providing early thousands of others, has been an inspiration RECOGNIZING PHIL FLEISTER OF warning and stand-off protection from a roof- to many who seek to bring democracy and ST. ANSGAR, IOWA top in an insurgent held sector of Ramadi, human rights to the citizens of Vietnam. Many Iraq, Petty Officer Monsoor distinguished him- signers of this document have been detained HON. TOM LATHAM self by his exceptional bravery in the face of and have endured great sacrifice in the name OF IOWA grave danger. In the early morning, insurgents of their cause, and it is with the utmost re- IN THE HOUSE OF REPRESENTATIVES prepared to execute a coordinated attack by spect that I rise in their honor. Tuesday, April 8, 2008 reconnoitering the area around the element’s f position. Element snipers thwarted the en- Mr. LATHAM. Madam Speaker, I rise today emy’s initial attempt by eliminating two insur- CONGRESSIONAL VICTIM’S RIGHTS to recognize the dedication and hard work of gents.’’ CAUCUS HONORS JAMIE LEIGH one of my constituents. Phil Fleisher of St. ‘‘The enemy continued the assault engaging JONES Ansgar, Iowa, who has organized one of the the element, engaging them with a rocket-pro- most ambitious tributes to tell the story of pelled grenade and small arms fire. As enemy HON. TED POE America’s veterans. activity increased, Petty Officer Monsoor took OF TEXAS This Saturday, April 12, the first annual Vet- position with his machine gun between two IN THE HOUSE OF REPRESENTATIVES erans Heritage Day will be observed at the St. teammates on an outcropping of the roof. Ansgar Walter T. Ennenberg American Legion While the SEALs vigilantly watched for enemy Tuesday, April 8, 2008 Post headquarters, thanks to Phil’s coordina- activity, an insurgent threw a hand grenade Mr. POE. Madam Speaker, on Wednesday, tion. from an unseen location, which bounced off April 9, 2008, the Congressional Victim’s The event will display the largest military Petty Officer Monsoor’s chest landing in front Rights Caucus will holds its annual awards history collection in the north central region of of him. Although he could have escaped the ceremony to recognize individuals for their sig- Iowa, including thousands of veteran histories blast, Petty Officer Monsoor chose instead to nificant contributions to the victim’s rights field. compiled by Fleischer, a Vietnam war veteran, protect his teammates. Instantly and without The Congressional Victim’s Rights Caucus will in one of the most ambitious chronicles any- regard for his own safety, he threw himself award Jamie Leigh Jones with the Suzanne where, dating back to the American Civil War. onto the grenade to absorb the force of the McDaniel Public Awareness Award to recog- It has been noted in press reports that Phil explosion with his body, saving the lives of his nize her efforts in raising national awareness has sponsored and organized a number of two teammates.’’ of the plight of American contractors victimized these event, at his own expense, designed to ‘‘By his undaunted courage, fighting spirit, abroad. educate and promote awareness for the sac- and unwavering devotion to duty in the face of Jamie Leigh Jones was only 20 years old rifices of U.S. military personnel in American certain death, Petty Officer Monsoor gallantly when she went to work for KBR in Baghdad. history. gave his life for his country, thereby reflecting She was only at the ironically-named Camp And, even though it is reported that Phil pre- great credit upon himself and upholding the Hope a few days before her coworkers alleg- fers to remain in the shadows and allow other highest traditions of the United States Naval edly drugged and gang-raped her. An Army veterans to take the spotlight, I wanted to Service.’’ For this the most extreme sacrifice, doctor administered a rape kit, which was then properly recognize Phil’s dedication to telling

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.057 E08APPT1 wwoods2 on PRODPC68 with REMARKS E546 CONGRESSIONAL RECORD — Extensions of Remarks April 8, 2008 the veterans’ stories of service and sacrifice Market. He courageously ran as a pioneer for H.R. 1198, The Early Hearing Detection & today while at the same time collecting and the State House at the beginning of the new Intervention (EDHI) Act, was introduced by preserving them for the benefit of future gen- Republican Party in 1968 and 1970. He and Rep. LOIS CAPPS. Congresswoman CAPPS is a erations of Americans. his late wife, Emily, were among the founding registered nurse (R.N.) who served for 20 No one has done more to secure this coun- members of Republican efforts in Richland, years as a nurse and health advocate for the try’s freedom and prosperity than our vet- Orangeburg, and Lexington Counties providing Santa Barbara School District. I want to com- erans. And, thanks to Phil Fleisher’s hard the foundation for dozens of successful can- mend her for continuing to advocate for the work, we all can benefit from his story as a didates at the county, State, and Federal lev- health of young Americans by authoring this veteran and the stories of thousands of other els. In 1988, they were Congressional District legislation. H.R. 1198 will reauthorize this crit- veterans who proudly served this great Nation. chairmen for President George H.W. Bush. ical Centers for Disease Control and Preven- I know that my colleagues in the United Both Mr. Gonda and Mr. Phillips were mar- tion (CDC) program, intended to identify and States Congress will join me in commending ried to active, strong, and supportive wives, help infants with hearing loss, through FY Phil Fleisher and wish him a safe and suc- who partnered with them to raise outstanding 2013. It also expands screening and interven- cessful event this Saturday. children as loving families. tion services to include young children. f Mr. Gonda is survived by his wife, Nena, Children who are hard of hearing find it who he met when he was 11 and she was 8. much more difficult than children who have A PROCLAMATION HONORING RON Their children are Luis Gonda, Maria Gonda normal hearing to learn vocabulary, grammar, SMITH FOR WINNING THE BOYS’ Smoak, Diane Gonda, Frank Gonda, and Rick word order, idiomatic expressions, and other DIVISION II STATE BASKETBALL Gonda. Services were at St. Peter’s Catholic aspects of verbal communication. It is esti- CHAMPIONSHIP Church of Columbia. mated that approximately 391,000 school- Mr. Phillips is survived by his children Becky aged children in the U.S. have unilateral hear- HON. ZACHARY T. SPACE Phillips, Deedie Belangia, Jackie Finch, Hal ing loss, and early detection of hearing prob- OF OHIO Phillips, and Steve Phillips. Services were held lems is critical to developing and implementing IN THE HOUSE OF REPRESENTATIVES at the Church of Jesus Christ of Latter-day effective treatment for these children. When Saints, Windsor Lake Ward of Columbia. EHDI was first authorized in 1999, only 3 per- Tuesday, April 8, 2008 f cent of all babies were being screened for Mr. SPACE. Madam Speaker: hearing loss at birth; today, 93 percent of ba- A PROCLAMATION HONORING JOR- Whereas, Ron Smith showed hard work and bies are screened within one month of birth. dedication to the sport of basketball; and DAN BENSON FOR WINNING THE H.R. 2464, The Wakefield Act (Emergency Whereas, Ron Smith was a supportive team BOYS’ DIVISION II STATE BAS- Medical Services for Children) reauthorizes player; and KETBALL CHAMPIONSHIP through FY 2011 and makes improvements in Whereas, Ron Smith always displayed the Emergency Medical Services for Children sportsmanship on and off of the court; now, HON. ZACHARY T. SPACE (EMSC) program, which is designed to im- therefore, be it OF OHIO prove emergency medical services for children Resolved, that along with his friends, family, IN THE HOUSE OF REPRESENTATIVES needing trauma or critical care. There are over and the residents of the 18th Congressional Tuesday, April 8, 2008 30 million child and teen visits annually to our District, I congratulate Ron Smith on winning nation’s emergency rooms. And yet many the Boys’ Division II State Basketball Cham- Mr. SPACE. Madam Speaker: Whereas, Jordan Benson showed hard work emergency services are still designed for pionship. We recognize the tremendous hard and dedication to the sport of basketball; and adults. Since the EMSC program was created work and sportsmanship he has demonstrated Whereas, Jordan Benson was a supportive 20 years ago, major improvements in emer- during the 2007–2008 basketball season. team player; and gency care for children have been realized. In- f Whereas, Jordan Benson always displayed jury-related deaths have dropped by 40 per- sportsmanship on and off of the court; now, cent over that period of time. ACHIEVING THE AMERICAN H.R. 1237, The Cytology Proficiency Im- DREAM therefore, be it Resolved, that along with his friends, family, provement Act, is designed to improve the and the residents of the 18th Congressional analysis of tests for cervical cancer by ensur- HON. JOE WILSON District, I congratulate Jordan Benson on win- ing that health care professionals who read OF SOUTH CAROLINA ning the Boys’ Division II State Basketball tests for cervical cancer are skilled in today’s IN THE HOUSE OF REPRESENTATIVES Championship. We recognize the tremendous medical technology. It modernizes the cervical Tuesday, April 8, 2008 hard work and sportsmanship he has dem- cancer testing program by requiring continuing onstrated during the 2007–2008 basketball medical education for pathologists to assess Mr. WILSON of South Carolina. Madam season. their diagnostic skills and ensure they keep up Speaker, on Monday, funeral services were with the latest practices. The program is mod- f conducted in the Midlands of South Carolina eled after a similar quality standards program for two gentlemen who symbolized achieving CRITICAL PUBLIC HEALTH BILLS for reading mammograms. The American Can- the ‘‘American Dream’’ of extraordinary fulfill- CONSIDERED BY THE HOUSE cer Society predicted 11,150 women in the ment promoting their families. TODAY U.S. would be diagnosed with cervical cancer Louis Gonda and E.D. Phillips will always last year and 3,670 women would die from the be cherished in our community for their serv- HON. JOHN CONYERS, JR. disease. The way to cut down on the number ice to others. OF MICHIGAN of deaths is to ensure that all cervical cancer Louis Gonda was born in Murska-Lobota, IN THE HOUSE OF REPRESENTATIVES tests are read correctly. Yugoslavia, and immigrated at age four to S. 845, The Keeping Seniors Safe from Cuba. In 1960, he fled with his family to Amer- Tuesday, April 8, 2008 Falls Act, was passed by the Senate by unani- ica for freedom, where he established the in- Mr. CONYERS. Madam Speaker, I rise in mous consent in August 2007. Nationally, 42 novative Fergon Tool & Machine Co. strong support of the seven bills the House is percent of all nursing home admissions take His courage was proven when he was pre- considering on suspension today in conjunc- place as a direct result of geriatric falls. Frac- paring to flee Communist Cuba. He bought tion with National Public Health Week. This tures of the hip are relatively common in sen- multiple suitcases at a local shop, and as he week gives us an opportunity to reflect on the iors and often lead to devastating con- arrived home, the secret police met him to in- importance of quality public health programs in sequences. Disability frequently results from terrogate him about his unusual purchase. The all of our lives—from effective childhood vac- persistent pain and limited physical mobility. totalitarian enforcers accepted his story that cination programs, to early screening pro- Hip fractures are associated with substantial his children were taking a short trip to New grams for diseases, to ensuring that all Ameri- morbidity and mortality; approximately 15–20% York to visit a sick aunt. cans have access to quality, affordable health of patients die within one year of fracture. E.D. Phillips was a proud native of South care. These seven bills were all approved Most hip fractures occur in elderly individuals Carolina and graduate of the University of unanimously by the House Committee on En- as a result of minimal trauma, such as a fall South Carolina. As an independent entre- ergy and Commerce, and I expect they will get from standing height. preneur, he founded the Phillips Farmer Gar- a similar level of support today from the full S. 845 launches a comprehensive preventa- den and Phillips Plants at the State Farmers House. tive care program to reduce the number and

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.059 E08APPT1 wwoods2 on PRODPC68 with REMARKS April 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E547 severity of falls by the elderly. It directs the year after enactment, and schools could vol- 11, 2007. The thousands of brain injury sur- Department of Health and Human Services untarily implement the policy. The bill also au- vivors who are returning home from combat in (HHS) to implement directives to reduce falls, thorizes HHS to award grants to local school Iraq and Afghanistan are joining the 5.3 million including improving the identification of seniors districts to help them in implementing the pol- similarly afflicted Americans here at home. TBI who have a high risk of falling; supporting icy. is now the leading cause of death and dis- education campaigns focused on reducing and S. 1858, The Newborn Screening Saves ability among young Americans. The legisla- preventing falls and educating health profes- Lives Act was passed by the Senate by unani- tion would require the CDC to monitor brain sionals about fall risk, assessment and pre- mous consent on Dec. 13, 2007. This bill edu- injury incidence and create a reporting system vention; and conducting research to reduce cates parents and health care providers about to track the condition. It also directs CDC to falls. newborn health screening, improves follow-up study treatment techniques and NIH to con- H.R. 2063, The Food Allergy and Anaphy- care for infants with an illness detected duct basic research to improve treatment. The laxis Management Act, helps schools deal with through newborn screening, and helps states House version renews through FY 1012 the food allergies among student populations. expand and improve their newborn screening Traumatic Brain Injury Act, which authorizes Nearly three million American children have programs. Incredible advances in medical the Centers for Disease Control (CDC) to pro- food allergies. The danger of a life-threatening technology have equipped us to better screen vide state grants for patients with traumatic reaction from exposure to an allergen can be and treat infants for congenital, genetic and brain injury to enter treatment and rehabilita- found beyond obvious places like the lunch- metabolic disorders that, if left untreated, tion programs. room. This danger also lurks in places where could lead to severe disability and death. S. These bills make critical contributions to our kids—and adults—wouldn’t normally expect it, 1858 authorizes funding to help states expand nation’s public health infrastructure, and I including field trips, school celebrations or and improve their programs. It also helps to commend the House for considering them. I special projects like arts and crafts. ensure the quality of laboratories involved in would like to add, however, that the single Last year, the Congress appropriated newborn screening, so that tests are as accu- most important public health initiative the Con- $491,000 for the CDC to develop guidelines rate as possible and infants receive appro- gress could take would be to pass national for schools regarding food allergies and ana- priate care. health insurance legislation such as that pro- phylaxis (a severe allergic reaction involving The House Amendment to S. 793, The posed in my bill, H.R. 676, which was recently multiple organs). This bill requires HHS, in Traumatic Brain Injury (TBI) Act, was spon- endorsed by the American Public Health Asso- consultation with the Department of Education, sored by Rep. BILL PASCRELL. The House ciation. With a system of truly universal health to develop a policy for schools on appropriate amendment was reported out by the Energy care, there would no longer be any need to management and emergency plans for chil- and Commerce Committee on March 13 and implement the stopgap, patchwork measures dren with food allergies and anaphylaxis. The is similar to S. 793, which was passed by the that we are so frequently obligated to con- policy would be provided to schools within one Senate by unanimous consent on December sider.

VerDate Aug 31 2005 05:34 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A08AP8.062 E08APPT1 wwoods2 on PRODPC68 with REMARKS Tuesday, April 8, 2008 Daily Digest Senate Pending: Chamber Action Dodd/Shelby Amendment No. 4387, in the nature Routine Proceedings, pages S2709–S2765 of a substitute. Page S2722 Measures Introduced: Four bills and three resolu- Sanders Modified Amendment No. 4401 (to tions were introduced, as follows: S. 2828–2831, S. Amendment No. 4387), to establish a maximum Res. 505–506, and S. Con. Res. 74. Page S2743 rate of interest for loans insured under title II of the Measures Reported: National Housing Act. Pages S2722–23 Report to accompany S. 1858, to amend the Pub- Cardin/Ensign Amendment No. 4421 (to Amend- lic Health Service Act to establish grant programs to ment No. 4387), to amend the Internal Revenue provide for education and outreach on newborn Code of 1986 to allow a credit against income tax screening and coordinated followup care once new- for the purchase of a principal residence by a first- born screening has been conducted, to reauthorize time homebuyer. Page S2722 programs under part A of title XI of such Act. (S. Ensign Amendment No. 4419 (to Amendment Rept. No. 110–280) No. 4387), to amend the Internal Revenue Code of S. 2162, to improve the treatment and services 1986 to provide for the limited continuation of clean provided by the Department of Veterans Affairs to energy production incentives and incentives to im- veterans with post-traumatic stress disorder and sub- prove energy efficiency in order to prevent a down- stance use disorders, with an amendment in the na- turn in these sectors that would result from a lapse ture of a substitute. (S. Rept. No. 110–281) in the tax law. Page S2722 Alexander Amendment No. 4429 (to Amendment Page S2743 No. 4419), to provide a longer extension of the re- Measures Passed: newable energy production tax credit and to encour- Commending the University of Kansas Men’s age all emerging renewable sources of electricity. Basketball Team: Senate agreed to S. Res. 505, Page S2722 commending The University of Kansas men’s basket- Nelson (FL)/Coleman Amendment No. 4423 (to ball team for winning the 2008 National Collegiate Amendment No. 4387), to provide for the penalty- Athletic Association (NCAA) Division I Basketball free use of retirement funds to provide foreclosure re- Championship. Pages S2764–65 covery relief for individuals with mortgages on their Measures Considered: principal residences. Page S2722 Lincoln Amendment No. 4382 (to Amendment New Direction for Energy Independence, Na- No. 4387), to provide an incentive to employers to tional Security, and Consumer Protection Act offer group legal plans that provide a benefit for real and the Renewable Energy and Energy Conserva- estate and foreclosure review. Page S2722 tion Tax Act: Senate continued consideration of Lincoln (for Snowe) Amendment No. 4433 (to H.R. 3221, moving the United States toward greater Amendment No. 4387), to modify the increase in energy independence and security, developing inno- volume cap for housing bonds in 2008. Page S2722 vative new technologies, reducing carbon emissions, Landrieu Amendment No. 4404 (to Amendment creating green jobs, protecting consumers, increasing No. 4387), to amend the provisions relating to clean renewable energy production, and modernizing qualified mortgage bonds to include relief for per- our energy infrastructure, and to amend the Internal sons in areas affected by Hurricane Katrina, Rita, Revenue Code of 1986 to provide tax incentives for and Wilma. Page S2722 the production of renewable energy and energy con- Sanders Amendment No. 4384 (to Amendment servation, and taking action on the following amend- No. 4387), to provide an increase in specially adapt- Pages S2722–38 ments proposed thereto: ed housing benefits for disabled veterans. Page S2722 D388

VerDate Aug 31 2005 05:04 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D08AP8.REC D08APPT1 wwoods2 on PRODPC68 with DIGEST April 8, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D389 Murray Amendment No. 4478 (to Amendment Removal of Injunction of Secrecy: The injunction No. 4387), to increase funding for housing coun- of secrecy was removed from the following treaty: seling with an offset. Page S2722 Amendments to the Constitution and Convention Mikulski Amendment No. 4494 (to Amendment of the International Telecommunication Union (Ge- No. 4478), to make additional funds available to the neva, 1992) (Treaty Doc. No. 110–16). Neighborhood Reinvestment Corporation to increase The treaty was transmitted to the Senate today, legal assistance available to homeowners at risk of considered as having been read for the first time, and foreclosure and assistance to community organiza- referred, with accompanying papers, to the Com- tions working to preserve homeownership and pre- mittee on Foreign Relations and ordered to be print- vent foreclosure, with an offset. Page S2722 ed. Page S2765 During consideration of this measure today, Senate also took the following action: Executive Communications: Pages S2741–42 By 92 yeas to 6 nays (Vote No. 93), three-fifths Petitions and Memorials: Pages S2742–43 of those Senators duly chosen and sworn, having voted in the affirmative, Senate agreed to the motion Additional Cosponsors: Pages S2743–45 to close further debate on the motion to close further Statements on Introduced Bills/Resolutions: debate on Dodd/Shelby Amendment No. 4387 (list- Pages S2745–57 ed above). Page S2726 Additional Statements: Pages S2739–40 A unanimous-consent agreement was reached pro- viding for further consideration of the bill at ap- Amendments Submitted: Pages S2757–63 proximately 10:30 a.m., on Wednesday, April 9, Authorities for Committees to Meet: 2008, and that all time during any morning busi- Pages S2763–64 ness, recess, or adjournment of the Senate count Privileges of the Floor: Page S2764 post-cloture. Page S2765 Message from the President: Senate received the Record Votes: One record vote was taken today. following message from the President of the United (Total—93) Page S2726 States: Adjournment: Senate convened at 10 a.m. and ad- Transmitting, pursuant to law, the legislation and journed at 6:35 p.m., until 9:30 a.m. on Wednes- supporting documents to implement the United day, April 9, 2008. (For Senate’s program, see the States-Colombia Trade Promotion Agreement; which remarks of the Acting Majority Leader in today’s was referred to the Committee on Finance. (PM–43) Record on page S2765.) Pages S2740–41 h House of Representatives preparations, with an amendment (H. Rept. Chamber Action 110–566); Public Bills and Resolutions Introduced: 20 pub- H.R. 1418, to provide for the expansion and im- lic bills, H.R. 5714–5733; and 10 resolutions, H. provement of traumatic brain injury programs, with Con. Res. 323–324; and H. Res. 1082, 1085–1091, an amendment (H. Rept. 110–567); were introduced. Pages H2068–70 H.R. 2464, to amend the Public Health Service Additional Cosponsors: Pages H2070–71 Act to provide a means for continued improvement Reports Filed: Reports were filed today as follows: in emergency medical services for children, with an amendment (H. Rept. 110–568); H.R. 1198, to amend the Public Health Service Act regarding early detection, diagnosis, and treat- H.R. 3701, to amend the Public Health Service ment of hearing loss, with an amendment (H. Rept. Act to direct the Secretary of Health and Human 110–565); Services to intensify programs with respect to re- search and related activities concerning falls among H.R. 1237, to amend the Public Health Service older adults, with an amendment (H. Rept. Act to provide revised standards for quality assurance 110–569); in screening and evaluation of gynecologic cytology

VerDate Aug 31 2005 05:04 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D08AP8.REC D08APPT1 wwoods2 on PRODPC68 with DIGEST D390 CONGRESSIONAL RECORD — DAILY DIGEST April 8, 2008 H.R. 3825, to amend the Public Health Service Wakefield Act: H.R. 2464, amended, to amend Act to establish grant programs to provide for edu- the Public Health Service Act to provide a means for cation and outreach on newborn screening and co- continued improvement in emergency medical serv- ordinated followup care once newborn screening has ices for children, by a 2⁄3 yea-and-nay vote of 390 been conducted and to reauthorize programs under yeas to 1 nay, Roll No. 162; Pages H2027–29, H2046–47 part A of title XI of such Act, with an amendment Cytology Proficiency Improvement Act of 2007: (H. Rept. 110–570); H.R. 1237, amended, to amend the Public Health H.R. 2063, to direct the Secretary of Health and Service Act to provide revised standards for quality Human Services, in consultation with the Secretary assurance in screening and evaluation of gynecologic of Education, to develop a voluntary policy for man- cytology preparations; Pages H2029–34 aging the risk of food allergy and anaphylaxis in schools and to establish school-based food allergy Safety of Seniors Act of 2007: S. 845, to direct management grants, with an amendment (H. Rept. the Secretary of Health and Human Services to ex- pand and intensify programs with respect to research 110–571, Pt. 1); and related activities concerning elder falls—clearing H. Res. 1083, providing for consideration of the the measure for the President; Pages H2034–36 bill (H.R. 2537) to amend the Federal Water Pollu- tion Control Act relating to beach monitoring (H. Food Allergy and Anaphylaxis Management Act Rept. 110–572); and H. Res. 1084, providing for of 2007: H.R. 2063, amended, to direct the Sec- consideration of the bill (H.R. 2016) to establish the retary of Health and Human Services, in consultation National Landscape Conservation System (H. Rept. with the Secretary of Education, to develop a vol- 110–573). Page H2068 untary policy for managing the risk of food allergy and anaphylaxis in schools and to establish school- Speaker: Read a letter from the Speaker wherein she based food allergy management grants; appointed Representative Capps to act as Speaker pro Pages H2036–38 tempore for today. Page H2017 Agreed to amend the title so as to read: ‘‘To di- Recess: The House recessed at 12:34 p.m. and re- rect the Secretary of Health and Human Services, in convened at 2 p.m. Page H2017 consultation with the Secretary of Education, to de- Suspensions: The House agreed to suspend the rules velop a voluntary policy for managing the risk of and pass the following measures: food allergy and anaphylaxis in schools.’’. Page H2038 Honoring military children during ‘‘National Newborn Screening Saves Lives Act of 2007: S. Month of the Military Child’’: H. Res. 265, amend- 1858, to amend the Public Health Service Act to es- ed, to honor military children during ‘‘National tablish grant programs to provide for education and Month of the Military Child’’; Pages H2020–22 outreach on newborn screening and coordinated fol- lowup care once newborn screening has been con- Congratulating the Army Reserve on its centen- ducted and to reauthorize programs under part A of nial: H.J. Res. 70, amended, to congratulate the title XI of such Act—clearing the measure for the Army Reserve on its centennial, which will be for- President; and Pages H2038–41 mally celebrated on April 23, 2008, and to com- memorate the historic contributions of its veterans Reauthorization of the Traumatic Brain Injury and continuing contributions of its soldiers to the Act: S. 793, amended, to provide for the expansion vital national security interests and homeland defense and improvement of traumatic brain injury pro- 2 missions of the United States, by a 2⁄3 yea-and-nay grams, by a ⁄3 yea-and-nay vote of 392 yeas to 1 vote of 393 yeas with none voting ‘‘nay’’, Roll No. nay, Roll No. 163. Pages H2041–45, H2047–48 161; Pages H2022–24, H2046 Recess: The House recessed at 4:22 p.m. and recon- Recognizing the tremendous service that mem- vened at 6:33 p.m. Page H2045 bers of the Armed Forces have given to the Nation, Suspension—Proceedings Postponed: The House especially those who have been wounded in combat: debated the following measure under suspension of H. Res. 1020, amended, to recognize the tremen- the rules. Further proceedings were postponed: dous service that members of the Armed Forces have Calling on the Government of the People’s Re- given to the Nation, especially those who have been public of China to end its crackdown in Tibet and wounded in combat; Pages H2024–25 enter into a substantive dialogue with His Holi- Early Hearing Detection and Intervention Act ness the Dalai Lama to find a negotiated solution of 2007: H.R. 1198, amended, to amend the Public that respects the distinctive language, culture, reli- Health Service Act regarding early detection, diag- gious identity, and fundamental freedoms of all nosis, and treatment of hearing loss; Pages H2025–27 Tibetans: H. Res. 1077, to call on the Government

VerDate Aug 31 2005 05:04 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D08AP8.REC D08APPT1 wwoods2 on PRODPC68 with DIGEST April 8, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D391 of the People’s Republic of China to end its crack- Navy force structure requirements and programs to down in Tibet and enter into a substantive dialogue meet those requirements, and the future years de- with His Holiness the Dalai Lama to find a nego- fense program, after receiving testimony from Alli- tiated solution that respects the distinctive language, son Stiller, Deputy Assistant Secretary for Ship Pro- culture, religious identity, and fundamental freedoms grams, and Vice Admiral Barry McCullough, Deputy of all Tibetans. Pages H2048–58 Chief of Naval Operations for Integration of Capa- Presidential Message: Read a message from the bilities and Resources, both of the Department of President wherein he transmitted legislation and the Navy, and Lieutenant General James F. Amos, supporting documents to implement the United Deputy Commandant of the Marine Corps for Com- States-Colombia Trade Promotion Agreement—re- bat Development and Integration, all of the Depart- ferred to the Committee on Ways and Means and or- ment of Defense. dered printed (H. Doc. 110–103). Pages H2019–20 FEDERAL TRADE COMMISSION Senate Message: Message received from the Senate Committee on Commerce, Science, and Transportation: by the Clerk and subsequently presented to the Committee concluded a hearing to examine legisla- House today appears on page H2019. tion to reauthorize the Federal Trade Commission, Senate Referrals: S. Con. Res. 73 was referred to after receiving testimony from William Kovacic, the Committee on Energy and Commerce. Chairman, and Pamela Jones Harbour, Jon Page H2019 Leibowitz, and J. Thomas Rosch, all Commissioners, all of the Federal Trade Commission. Quorum Calls—Votes: Three yea-and-nay votes de- veloped during the proceedings of today and appear DIGITAL TELEVISION TRANSITION on pages H2046, H2046–47 and H2047–48. There Committee on Commerce, Science, and Transportation: were no quorum calls. Committee concluded an oversight hearing to exam- Adjournment: The House met at 12:30 p.m. and ine the transition to digital television, focusing on adjourned at 9:45 p.m. consumers, broadcasters, and converter boxes, after receiving testimony from Kevin J. Martin, Chair- man, Federal Communications Commission; and Committee Meetings Meredith A. Baker, Acting Assistant Secretary of (Committees not listed did not meet) Commerce for Communications and Information, National Telecommunications and Information Ad- APPROPRIATIONS: DEPARTMENT OF ministration. AGRICULTURE WATER BILLS Committee on Appropriations: Subcommittee on Agri- Committee on Energy and Natural Resources: Sub- culture, Rural Development, Food and Drug Admin- committee on Water and Power concluded a hearing istration, and Related Agencies concluded a hearing to examine S. 2259 and H.R. 813, bills to amend to examine proposed budget estimates for fiscal year the Reclamation Wastewater and Groundwater Study 2009 for the Department of Agriculture, after receiv- and Facilities Act to authorize the Secretary of the ing testimony from Ed Schafer, Secretary, Chuck Interior to participate in the Prado Basin Natural Conner, Deputy Secretary, Joseph Glauber, Chief Treatment System Project, to authorize the Secretary Economist, and W. Scott Steele, Budget Officer, all to participate in the Lower Chino Dairy Area desali- of the Department of Agriculture. nation demonstration and reclamation project, H.R. IRAQ 31, to amend the Reclamation Wastewater and Committee on Armed Services: Committee concluded a Groundwater Study and Facilities Act to authorize hearing to examine the situation in Iraq and progress the Secretary of the Interior to participate in the made by the government of Iraq in meeting bench- Elsinore Valley Municipal Water District Wildomar marks and achieving reconciliation, after receiving Service Area Recycled Water Distribution Facilities testimony from Ryan C. Crocker, United States Am- and Alberhill Wastewater Treatment and Reclama- bassador to Iraq, Department of State; and General tion Facility Projects, H.R. 716, to amend the Rec- David H. Petraeus, USA, Commanding General, lamation Wastewater and Groundwater Study and Multi-National Force-Iraq, Department of Defense. Facilities Act to authorize the Secretary of the Inte- rior to participate in the Santa Rosa Urban Water DEFENSE AUTHORIZATION REQUEST Reuse Plan, H.R. 786, to amend the Reclamation Committee on Armed Services: Subcommittee on Wastewater and Groundwater Study and Facilities SeaPower concluded a hearing to examine the de- Act to authorize the Secretary of the Interior to par- fense authorization request for fiscal year 2009 on ticipate in the Los Angeles County Water Supply

VerDate Aug 31 2005 05:04 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D08AP8.REC D08APPT1 wwoods2 on PRODPC68 with DIGEST D392 CONGRESSIONAL RECORD — DAILY DIGEST April 8, 2008 Augmentation Demonstration Project, H.R. 1140, to Ambassador, after the nominees testified and an- authorize the Secretary, in cooperation with the City swered questions in their own behalf. of San Juan Capistrano, California, to participate in IRAQ the design, planning, and construction of an ad- vanced water treatment plant facility and recycled Committee on Foreign Relations: Committee concluded water system, H.R. 1503, to amend the Reclamation a hearing to examine Iraq after the troop surge, after Wastewater and Groundwater Study and Facilities receiving testimony from Ryan C. Crocker, United Act to authorize the Secretary of the Interior to par- States Ambassador to Iraq, Department of State; and ticipate in the Avra Black Wash Reclamation and General David H. Petraeus, USA, Commander, Riparian Restoration Project, H.R. 1725, to amend Multi-National Force-Iraq, Department of Defense. the Reclamation Wastewater and Groundwater Study AMERICA’S SYSTEM OF CAPITAL and Facilities Act to authorize the Secretary of the PUNISHMENT Interior to participate in the Rancho California Water District Southern Riverside County Recycled Committee on the Judiciary: Subcommittee on the Con- Non-Potable Distribution Facilities and stitution concluded a hearing to examine the ade- Demineralization Desalination Recycled Water quacy of representation in capital cases, after receiv- Treatment and Reclamation Facility Project, H.R. ing testimony from Carolyn Engel Temin, Senior 1737, to amend the Reclamation Wastewater and Judge, Court of Common Pleas of the First Judicial Groundwater Study and Facilities Act to authorize District of Pennsylvania, Philadelphia; Michael S. the Secretary of the Interior to participate in the de- Greco, Kirkpatrick and Lockhart, Preston, Gates, sign, planning, and construction of permanent facili- Ellis, LLP, Boston, Massachusetts, on behalf of the ties for the GREAT project to reclaim, reuse, and American Bar Association; Bryan A. Stevenson, New treat impaired waters in the area of Oxnard, Cali- York University School of Law, Montgomery, Ala- fornia, and H.R. 2614, to amend the Reclamation bama; and Donald B. Verrilli, Jr., Jenner and Block, Wastewater and Groundwater Study and Facilities LLP, Washington, D.C. Act to authorize the Secretary of the Interior to par- INTELLIGENCE ticipate in certain water projects in California, after Select Committee on Intelligence: Committee held closed receiving testimony from Kris Polly, Deputy Com- hearings on intelligence matters, receiving testimony missioner, Bureau of Reclamation, Department of from officials of the intelligence community. the Interior. Committee recessed subject to the call. IRAN COUNTER-PROLIFERATION ACT Committee on Finance: Committee concluded a hearing Committee Meetings to examine S. 970, to impose sanctions on Iran and CENTRAL ASIA: AN OVERVIEW on other countries for assisting Iran in developing a Committee on Foreign Affairs: Subcommittee on Asia, nuclear program, after receiving testimony from the Pacific, and the Global Environment held a hear- Philip H. Gordon, Brookings Institution, Danielle ing on Central Asia: An Overview. Testimony was Pletka, American Enterprise Institute for Public Pol- heard from Richard A. Boucher, Assistant Secretary, icy Research, and William A. Reinsch, National For- Bureau for South and Central Asia, Department of eign Trade Council and USA*Engage, all of Wash- State. ington, D.C.; and Orde F. Kittrie, Arizona State University, Tempe. CHILD SOLDIERS ACCOUNTABILITY ACT OF 2007 NOMINATIONS Committee on the Judiciary: Subcommittee on Crime, Committee on Foreign Relations: Committee concluded Terrorism, and Homeland Security held a hearing on a hearing to examine the nominations of Barbara S. 2135, Child Soldiers Accountability Act of 2007. McConnell Barrett, of Arizona, to be Ambassador to Testimony was heard from public witnesses. the Republic of Finland, Yousif Boutrous Ghafari, of Michigan, to be Ambassador to the Republic of Slo- BEACH PROTECTION ACT OF 2007 venia, Frank Charles Urbancic, Jr., of Indiana, to be Committee on Rules: Granted, by voice vote, an open Ambassador to the Republic of Cyprus, Nancy E. rule with a preprinting requirement providing for McEldowney, of Florida, to be Ambassador to the consideration of H.R. 2537, the ‘‘Beach Protection Republic of Bulgaria, and Kurt Douglas Volker, of Act of 2007.’’ The resolution provides one hour of Pennsylvania, to be United States Permanent Rep- general debate equally divided and controlled by the resentative on the Council of the North Atlantic chairman and ranking minority member of the Com- Treaty Organization, with the rank and status of mittee on Transportation and Infrastructure.

VerDate Aug 31 2005 05:04 Apr 09, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D08AP8.REC D08APPT1 wwoods2 on PRODPC68 with DIGEST April 8, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D393 The resolution waives all points of order against Whole. All points of order against the amendments consideration of the bill except those arising under except for clauses 9 and 10 of rule XXI are waived. clause 9 or 10 of rule XXI. The resolution provides The rule provides one motion to recommit with or that the amendment in the nature of a substitute without instructions. The rule provides that, not- recommended by the Committee on Transportation withstanding the operation of the previous question, and Infrastructure now printed in the bill shall be the Chair may postpone further consideration of the considered as an original bill for the purpose of bill to a time designated by the Speaker. Testimony amendment and shall be considered as read. The res- was heard from Representatives Grijalva and Young olution waives all points of order against the com- of Alaska. mittee amendment except those arising under clause f 10 of rule XXI. The resolution makes in order only those amend- COMMITTEE MEETINGS FOR WEDNESDAY, ments that are preprinted in the Congressional APRIL 9, 2008 Record before beginning consideration of the bill or (Committee meetings are open unless otherwise indicated) are pro forma amendments for the purpose of debate. Senate Each amendment printed in the Congressional Record may be offered only by the Member who Committee on Appropriations: Subcommittee on Energy caused it to be printed or a designee and shall be and Water Development, to hold hearings to examine proposed budget estimates for fiscal year 2009 for the considered as read. Department of Energy, 9:30 a.m., SD–124. The resolution provides one motion to recommit Subcommittee on State, Foreign Operations, and Re- with or without instructions. Finally, notwith- lated Programs, to hold hearings to examine proposed standing the operation of the previous question, the budget estimates for fiscal year 2009 for the Department Chair may postpone further consideration to a time of State and foreign operations, 10 a.m., SD–138. designated by the Speaker. Testimony was heard Subcommittee on Defense, to hold closed hearings to from Representatives Eddie Bernice Johnson of Texas examine cyber warfare programs, 10:30 a.m., S–407, Cap- and Boozman. itol. Committee on Armed Services: to hold hearings to examine NATIONAL LANDSCAPE CONSERVATION the situation in Iraq, focusing on progress made by the SYSTEM ACT Government of Iraq in meeting benchmarks and achiev- ing reconciliation, 9:30 a.m., SH–216. Committee on Rules: Granted, by voice vote, a struc- Subcommittee on Airland, to hold hearings to examine tured rule providing for consideration of H.R. 2016, the defense authorization request for fiscal year 2009 on the National Landscape Conservation System Act, Air Force and Navy aviation programs, and the future under a structured rule. The rule provides one hour years defense program, 2 p.m., SR–222. of general debate equally divided and controlled by Committee on Commerce, Science, and Transportation: Sub- the chairman and ranking minority member of the committee on Science, Technology, and Innovation, to Committee on Natural Resources. The rule waives hold hearings to examine coal gasification technologies, all points of order against consideration of the bill focusing on the need for large scale projects, 2:30 p.m., except clauses 9 and 10 of rule XXI. The rule pro- SR–253. vides that the amendment in the nature of a sub- Committee on Energy and Natural Resources: to hold hear- ings to examine S. 1633, to authorize the Secretary of the stitute recommended by the Committee on Natural Interior to conduct a special resource study to determine Resources now printed in the bill shall be considered the suitability and feasibility of including the battlefield as an original bill for the purpose of amendment and and related sites of the Battle of Shepherdstown in shall be considered as read. The rule waives all Shepherdstown, West Virginia, as part of Harpers Ferry points of order against the amendment in the nature National Historical Park or Antietam National Battle- of a substitute except for clause 10 of rule XXI. field, S. 1993 and H.R. 2197, bills to modify the bound- The rule makes in order only those amendments ary of the Hopewell Culture National Historical Park in printed in the Rules Committee report accom- the State of Ohio, S. 2207, to direct the Secretary of the panying the resolution. The amendments made in Interior to study the suitability and feasibility of desig- order may be offered only in the order printed in the nating Green McAdoo School in Clinton, Tennessee, as a report, may be offered only by a Member designated unit of the National Park System, S. 2254, to establish the Mississippi Hills National Heritage Area in the State in the report, shall be considered as read, shall be of Mississippi, S. 2262, to authorize the Preserve America debatable for the time specified in the report equally Program and Save America’s Treasures Program, S. 2329 divided and controlled by the proponent and an op- and H.R. 2627, bills to establish the Thomas Edison Na- ponent, shall not be subject to amendment, and shall tional Historical Park in the State of New Jersey as the not be subject to a demand for a division of the successor to the Edison National Historic Site, S. 2502 question in the House or in the Committee of the and H.R. 3332, bills to provide for the establishment of

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a memorial within Kalaupapa National Historical Park Subcommittee on Military Construction, Veterans’ Af- located on the island of Molokai, in the State of Hawaii, fairs and Related Agencies, on Army Budget, 2 p.m., to honor and perpetuate the memory of those individuals H–143 Capitol. who were forcibly relocated to the Kalaupapa Peninsula Committee on Armed Services, hearing on the status of the from 1866 to 1969, S. 2512, to establish the Mississippi war and political developments in Iraq, 9 a.m., and on Delta National Heritage Area in the State of Mississippi, the current status of U.S. ground forces, 1 p.m., 2118 and H.R. 3998, to authorize the Secretary of the Interior Rayburn. to conduct special resources studies of certain lands and Committee on Education and Labor, to mark up the fol- structures to determine the appropriate means for preser- lowing: H.R. 5522, Combustible Dust Explosion and Fire vation, use, and management of the resources associated Prevention Act of 2008; and a measure Ensuring Contin- with such lands and structures, 2:30 p.m., SD–366. ued Access to Student Loans Act of 2008, 10 a.m., 2175 Committee on Environment and Public Works: to hold hear- Rayburn. ings to examine S. 1870, to amend the Federal Water Committee on Energy and Commerce, Subcommittee on Pollution Control Act to clarify the jurisdiction of the Health, to mark up H.R. 5613, Protecting the Medicaid United States over waters of the United States, 10 a.m., Safety Net Act of 2008, 10 a.m., 2123 Rayburn. SD–406. Committee on Financial Services, hearing entitled ‘‘ Using Committee on Finance: to hold hearings to examine cov- FHA for Housing Stabilization and Homeownership Re- ering uninsured children, focusing on the provisions and tention,’’ 10 a.m., 2128 Rayburn. regulations in the current Children’s Healthcare Insurance Committee on Foreign Affairs, hearing on Report on Iraq, Program (CHIP) directive, 2:30 p.m., SD–215. 1:30 p.m., 2172 Rayburn. Committee on Foreign Relations: Subcommittee on Inter- Committee on Homeland Security, Subcommittee on Emer- national Operations and Organizations, Democracy and gency Communications, Preparedness, and Response, Human Rights, to hold hearings to examine closing legal hearing entitled ‘‘Moving Beyond the First Five Years: loopholes, focusing on sexual assaults and other violent Ensuring FEMA’s Ability to Respond and Recover in the crimes committed overseas by American civilians in a Wake of a National Catastrophe,’’ 10 a.m., 311 Cannon. combat environment, 9:30 a.m., SD–419. Subcommittee on Management, Investigations, and Full Committee, to hold hearings to examine the Oversight, hearing entitled ‘‘Moving Beyond the First nominations of Patricia M. Haslach, of Oregon, for the Five Years: Solving the Department of Homeland Secu- rank of Ambassador during her tenure of service as rity’s Management Challenges’’, 2 p.m., 311 Cannon. United States Senior Coordinator for the Asia-Pacific Eco- Committee on House Administration, hearing on the 2008 nomic Cooperation (APEC) Forum, Scot A. Marciel, of Presidential Primaries and Caucuses: ‘‘What we’ve learned California, for the rank of Ambassador during his tenure so far,’’ 11:30 a.m., 1310 Longworth. of service as Deputy Assistant Secretary of State for East Committee on Natural Resources, hearing on the following: Asian and Association of Southeast Asian Nations H.R. 5608, Consultation and Coordination With Indian (ASEAN) Affairs, D. Kathleen Stephens, of Montana, to Tribal Governments Act, H.R. 3522, To ratify a convey- be Ambassador to the Republic of Korea, and William ance of a portion of the Jicarilla Apache Reservation to E. Todd, to be Ambassador to the State of Brunei Rio Arriba County, State of New Mexico, pursuant to the Darussalam, all of the Department of State, 3:15 p.m., settlement of litigation between the Jicarilla Apache Na- SD–419. tion and Rio Arriba County, State of New Mexico, to au- Committee on Veterans’ Affairs: to hold an oversight hear- thorize issuance of a patent for said lands, and to change ing to examine making the Department of Veterans Af- the exterior boundary of the Jicarilla Apache Reservation fairs the workplace of choice for health care providers, accordingly, H.R. 3490, Tuolumme Me-Wuk Land 9:30 a.m., SR–418. Transfer Act of 2007, S. 2457, to provide for extensions of leases of certain land by Mashantucket Pequot (West- House ern) Tribe, and H.R. 5680, To amend certain laws relat- Committee on Appropriations, Subcommittee on Agri- ing to Native Americans, and for other purposes, 10 a.m., culture, Rural Development, Food and Drug Administra- 1324 Longworth. tion and Related Agencies, on Marketing and Regulatory Committee on Oversight and Government Reform, to con- Programs, 10 a.m., 2362–A Rayburn. sider the following bills: H.R. 5687, To amend the Fed- Subcommittee on Commerce, Justice, Science and Re- eral Advisory Committee Act to increase the transparency lated Agencies, on USTR, 9:30 a.m., on ITA 11 a.m., and accountability of Federal advisory committees; H.R. and on Bureau of Alcohol, Tobacco and Firearms, 2 p.m., 5683, Government Accountability Act of 2008; H.R. H–309 Capitol. 4791, Federal Agency Data Protection Act; H.R. 752, Subcommittee on Financial Services and General Gov- Federal Electronic Equipment Donation Act of 2007; ernment, on Federal Communications Commission, 10 H.R. 1734, To designate the United States Postal Service a.m. 2220 Rayburn. located at 630 Northeast Killingsworth Avenue in Port- Subcommittee on Interior, Environment and Related land, Oregon, as the ‘‘Dr. Martin Luther King, Jr. Post Agencies, on Smithsonian Institution, 10 a.m., B–308 Office;’’ H. Res. 1073, Expressing the sense of the House Rayburn. of Representatives that public servants should be com- Subcommittee on Legislative Branch, on U.S. Capitol mended for their dedication and continued service to the Police Budget, 1 p.m., H–144 Capitol. Nation during Public Service Recognition Week, May 5

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through 11, 2008; H. Res. 1026, Recognizing the 100th creasing Gas Prices on Small Businesses,’’ 10 a.m., 1539 anniversary of the founding of the Congressional Club; Rayburn. H.R. 5601, To designate the facility of the United States Committee on Transportation and Infrastructure, Sub- Postal Service located at 7925 West Russell Road in Las committee on Aviation, hearing on Aviation Delays and Vegas, Nevada, as the ‘‘Sergeant Irving Joseph Schwartz Consumer Issues, 2 p.m., 2167 Rayburn. Post Office Building;’’ and H.R. 5631, To designate the Subcommittee on Highways and Transit, hearing on facility of the United States Postal Service located at Transportation Challenges of Metropolitan Areas, 10 1155 Seminole Trail in Charlottesville, Virginia, as the a.m., 2167 Rayburn. ‘‘Corporal Bradley T. Arms Post Office Building.’’ 10 Committee on Veterans Affairs, hearing on Ending Home- a.m., 2154 Rayburn. lessness for our Nation’s Veterans, 10 a.m., 334 Cannon. Full Committee, and the Subcommittee on Information Committee on Ways and Means, to mark up the fol- Policy, Census, and National Archives, joint hearing on lowing: the Housing Assistance Tax Act of 2008; and the 2010 Census, Progress on the Development of the Field Taxpayer Assistance and Simplification Act of 2008, 11 Data Collection Automation Program, 2 p.m., 2154 Ray- a.m., 1100 Longworth. burn. Permanent Select Committee on Intelligence, hearing on As- Subcommittee on Government Management, Organiza- sessing the Fight Against al-Qaeda, 12 p.m., 210 Can- non. tion, and Procurement, hearing on Federal Security: ID Select Committee on Energy Independence and Global Warm- Cards and Background Checks, 2 p.m., 2247 Rayburn. ing, hearing entitled ‘‘Healthy Planet, Healthy People: Committee on Small Business, Subcommittee on Investiga- Global Warming and Public Health,’’ 10 a.m., B–318 tions and Oversight, hearing entitled ‘‘The Impact of In- Rayburn.

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Next Meeting of the SENATE Office on Drugs and Crime and the International Bank for Re- 9:30 a.m., Wednesday, April 9 construction and Development makes an important contribu- tion to the understanding of the high levels of crime and vio- Senate Chamber lence in the Caribbean, and that the United States should work with Caribbean countries to address crime and violence in the Program for Wednesday: After the transaction of any morn- region; (3) H.R. 5489—To designate the facility of the United ing business (not to extend beyond 60 minutes), Senate will States Postal Service located at 6892 Main Street in Gloucester, continue consideration of H.R. 3221, New Direction for En- Virginia, as the ‘‘Congresswoman Jo Ann S. Davis Post Office’’; ergy Independence, National Security, and Consumer Protection (4) H.R. 5472—To designate the facility of the United States Act. Postal Service located at 2650 Dr. Martin Luther King Jr. Street, Indianapolis, Indiana, as the ‘‘Julia M. Carson Post Of- fice Building’’; (5) H.R. 5395—To designate the facility of the Next Meeting of the HOUSE OF REPRESENTATIVES United States Postal Service located at 11001 Dunklin Drive 10 a.m., Wednesday, April 9 in St. Louis, Missouri, as the ‘‘William ‘Bill’ Clay Post Office Building’’; (6) H. Res. 1038—Recognizing the fifth anniver- House Chamber sary of the Department of Homeland Security and honoring the Department’s employees for their extraordinary efforts and con- Program for Wednesday: Consideration of the following sus- tributions to protect and secure our Nation; and (7) H. Res. pensions: (1) H. Res. 838—Welcoming His Holiness Pope 1082—Recognizing the plumbing industry and supporting the Benedict XVI on his first apostolic visit to the United States; goals and ideas of ‘‘National Plumbing Industry Week’’. Con- (2) H. Res. 865—Expressing the sense of the House of Rep- sideration of H.R. 2016—National Landscape Conservation resentatives that the March 2007 report of the United Nations System Act (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Filner, Bob, Calif., E542 Moran, James P., Va., E529, E530 Shuster, Bill, Pa., E537 Franks, Trent, Ariz., E543 Murphy, Patrick J., Pa., E535 Space, Zachary T., Ohio, E540, E541, Baca, Joe, Calif., E537 Hunter, Duncan, Calif., E544 Olver, John W., Mass., E535 E541, E542, E543, E543, E544, E546, E546 Berman, Howard L., Calif., E537 Kucinich, Dennis J., Ohio, E535 Pickering, Charles W. ‘‘Chip’’, Miss., Sullivan, John, Okla., E544 Bishop, Timothy H., N.Y., E538 Latham, Tom, Iowa, E540, E542, E544, E538 Udall, Mark, Colo., E528, E530 Boehner, John A., Ohio, E533 E545 Poe, Ted, Tex., E545 Udall, Tom, N.M., E536 Boswell, Leonard L., Iowa, E537 Lee, Barbara, Calif., E538 Porter, Jon C., Nev., E528, E530, E532, Visclosky, Peter J., Ind., E534 Braley, Bruce L., Iowa, E535 Lofgren, Zoe, Calif., E545 E534 Conyers, John, Jr., Mich., E546 McHugh, John M., N.Y., E543 Radanovich, George, Calif., E536 Waxman, Henry A., Calif., E532 Costa, Jim, Calif., E542 Maloney, Carolyn B., N.Y., E541 Rangel, Charles B., N.Y., E531 Westmoreland, Lynn A., Mac, Ga., E533 Emanuel, Rahm, Ill., E542 Marchant, Kenny, Tex., E534 Schakowsky, Janice D., Ill., E527, E529 Wilson, Joe, S.C., E546 Eshoo, Anna G., Calif., E541 Matsui, Doris O., Calif., E532 Sessions, Pete, Tex., E533 Wolf, Frank R., Va., E539 Farr, Sam, Calif., E529, E531 Mitchell, Harry E., Ariz., E533 Shuler, Heath, N.C., E540, E541 Wynn, Albert Russell, Md., E536

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