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

Vol. 154 WASHINGTON, TUESDAY, MARCH 11, 2008 No. 41 House of Representatives The House met at 10:30 a.m. and was resent, , is a big winner under oppose the trade promotion agreement called to order by the Speaker pro tem- the U.S.-Colombia Trade Promotion between the United States and Colom- pore (Ms. SOLIS). Agreement. bia. They argue that President Uribe The International Trade Commission f just has not done enough on the issue did an economic analysis. They said if of labor and protecting labor leaders DESIGNATION OF SPEAKER PRO you’re an Illinois worker, an Illinois from violence. Well, let’s look at the TEMPORE manufacturer, an Illinois farmer, facts. Under President Uribe, he’s to- The SPEAKER pro tempore laid be- you’re a winner under this trade agree- tally reformed the judiciary, the entire fore the House the following commu- ment. Corn, soybeans, pork, beef, man- institution. For the general prosecutor, nication from the Speaker: ufactured metal products, chemicals, he’s added 2,166 new positions, includ- machinery, exports will go up. Why? ing 418 new prosecutors and 545 new in- WASHINGTON, DC, Because right now Colombian products March 11, 2008. vestigators, and increased funding for I hereby appoint the Honorable HILDA L. enter the United States duty-free, tar- the general prosecutor, the federal SOLIS to act as Speaker pro tempore on this iff-free, tax-free, but our products face independent prosecutor, by 75 percent. day. tariffs. Caterpillar, the biggest em- Carlos Rodriguez, president of the , ployer in my district, 8,000 workers, United Workers Confederation of Co- Speaker of the House of Representatives. their heavy construction equipment lombia, said about this: ‘‘Never in the f faces a 12 percent tariff. For a million- history of Colombia have we achieved dollar piece of equipment, that’s a MORNING-HOUR DEBATE something so important.’’ $100,000 tax which would be eliminated I would note that President Uribe has The SPEAKER pro tempore. Pursu- immediately, day one, when this trade also created special programs today to agreement would go into effect. ant to the order of the House of Janu- protect labor leaders. In fact, they The bottom line is Illinois will be a ary 4, 2007, the Chair will now recog- spent almost $39 million this past year nize Members from lists submitted by big winner. Now who is Colombia? To begin with, for body guards and protection for the majority and minority leaders for labor union members. There are 1,500 morning-hour debate. the democracy we know as Colombia, the oldest democracy in all Latin labor union leaders and activists who The Chair will alternate recognition America, today is the United States’ receive special protection, the second between the parties, with each party most reliable and trusted partner in largest protected group in the entire limited to 30 minutes and each Mem- Latin America. Its President, Presi- country, and this program has been ber, other than the majority and mi- dent Uribe, is the most popular elected successful. In fact, no labor leader has nority leaders and the minority whip, official in the hemisphere. And while lost their life who’s been under this limited to 5 minutes. this Congress suffers from 15 percent protection program. In fact, the mur- The Chair recognizes the gentleman approval ratings, President Uribe in his der rate, which is a terrible thing, for from Illinois (Mr. WELLER) for 5 min- own country enjoys 80 percent approval labor and union activists is lower than utes. ratings. Why? Because he’s made a dif- the national rate for everyone else. So f ference in reducing violence and win- tremendous progress has been made. ning the war against the FARC and the The International Labor Organiza- COLOMBIA FACT OF THE DAY: CO- tion has removed Colombia from its LOMBIA IS STOPPING LABOR VI- narcoterrorists. Today, 71 percent of Colombians say they are more secure labor watch list. Colombia has agreed OLENCE under President Uribe. Seventy-three to a permanent ILO representative in Mr. WELLER of Illinois. Thank you, percent of Colombians say Uribe re- Colombia, and 14 labor union leaders Madam Speaker. spects human rights. Homicides are representing 14 labor unions in Colom- Ladies and gentlemen of the House, down. Kidnappings are down. Today bia have endorsed this agreement. today I rise to urge the Speaker of the the murder rate in Colombia is the low- Now we continue to hear from oppo- House to bring forward the U.S.-Colom- est in 15 years. In fact, Medellin, once nents and they are really the people bia Trade Promotion Agreement. I also considered one of the most dangerous who have always traditionally opposed ask my colleagues to support this cities in the world, today has a lower trade and so they’ve got a different line agreement. It’s an agreement that’s murder rate than Washington, DC, or today, but they always say that Presi- good for America, it’s good for my Baltimore. dent Uribe still has not done enough, State of Illinois, and it’s good for Co- Now there are those who oppose we need to demand more, but they lombia. In fact, the State that I rep- President Uribe. There are those who never specifically say what more they

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.

H1447

.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1448 CONGRESSIONAL RECORD — HOUSE March 11, 2008 want. Clearly, President Uribe has but today infrastructure means more gime to fund its terrorist friends and done a lot, a tremendous amount, and than just roads, bridges, waterways and allies. By adding Venezuela to the list he has made real progress. canals. We’re talking about railroads, of official state sponsors of terrorism, As we have seen this past week, there aviation, power transmission lines, we will help do just that. Furthermore, is a lot happening in Latin America. pipelines, indeed the green infrastruc- Congress must act now on the Colom- Colombia, of course, has been fighting ture, the network of environmental, bian Free Trade Agreement to promote the FARC and other terrorists and park and open space that means so freedom and prosperity in the region. narcotrafficking groups over the last much to the protection of the environ- By passing the Colombian Free Trade three and four decades and they’ve ment and clean air. Agreement, we will show our allies we made tremendous progress under Presi- It is time for us to craft a new plan, stand with them and against the tyr- dent Uribe. We know the FARC in par- a vision for this century, one that anny of Hugo Chavez. ticular are the biggest leftist, takes into account global warming, ris- HOUSE OF REPRESENTATIVES, antigovernment narcotraffic and ter- ing energy prices, the change in demo- Washington, DC, March 6, 2008. rorist group. They fund themselves by graphics and the knowledge that we Hon. GEORGE W. BUSH, the sales of narcotics. It was recently know today about how to put the President of the United States, The White uncovered, we discovered the links be- pieces together. Renewing and rebuild- House, Washington, DC. DEAR MR. PRESIDENT: I am writing to seek tween Hugo Chavez of Venezuela and ing America ought to be something your support in standing against Venezuelan the FARC, possibly $300 million in sub- that people on both sides of the aisle President Hugo Chavez and his support for sidies, long suspected but now proven. can agree with, that we can unite be- terrorist groups in our hemisphere by desig- The bottom line is the Colombia hind a vast coalition that includes the nating Venezuela a state sponsor of ter- agreement is good for democracy, it’s Garden Club, the Sierra Club, orga- rorism. good for America, it’s good for work- nized labor and business, the profes- Last weekend, our allies in Colombia struck a blow for freedom against the inter- ers, and it’s good for manufacturing. I sions, local government and environ- nationally-recognized terrorist organization urge this Congress to bring it up for a mental activists to make sure that known as the Revolutionary Armed Forces vote and let’s pass it. we’re putting the pieces together ap- of Colombia (FARC). The FARC supports its f propriately today, that we have the re- war against our friends in Colombia through sources, the vision, the partnership drug trafficking, kidnappings, and the mur- LIVABLE COMMUNITIES that will make livable communities for der of innocent civilians. And, as you are The SPEAKER pro tempore. Pursu- all of our families, where they will all aware, the FARC has expanded their war in Colombia to specifically target the United ant to the order of the House of Janu- be safer, healthier and more economi- ary 4, 2007, the gentleman from Oregon States by their holding of three cally secure. as hostages. The attack last weekend which (Mr. BLUMENAUER) is recognized during I look forward to the debate today on occurred in Ecuador, about a mile from the morning-hour debate for 5 minutes. the Gallatin plan and the commitment Colombia-Ecuador border, killed Raul Reyes Mr. BLUMENAUER. Thank you, of an infrastructure vision for this cen- who was a leader of the FARC terrorist orga- Madam Speaker. tury. nization. In a couple of hours, the House of While Venezuelan President Hugo Chavez f Representatives will be dealing on the has been quite vocal in his support of the suspension calendar with House Reso- VENEZUELA: A STATE SPONSOR FARC and his opposition to the United OF TERRORISM States and Colombia, it is now abundantly lution 936, a commemoration of the clear that Mr. Chavez is increasingly inter- 200th anniversary of the Gallatin plan. The SPEAKER pro tempore. Pursu- twined with the FARC and is now giving aid This historic effort was a plan commis- ant to the order of the House of Janu- and comfort to international terrorist orga- sioned by President Thomas Jefferson, ary 4, 2007, the gentleman from Florida nizations. During last week’s raid in Ecua- led by his Secretary of the Treasury, (Mr. MACK) is recognized during morn- dor, the Colombian authorities recovered Albert Gallatin, to design a system to ing-hour debate for 2 minutes. several laptop computers and records belong- knit together a ragtag group of 13 colo- Mr. MACK. Madam Speaker, last ing to Mr. Reyes. Reports indicate that in- cluded in those laptops and papers is evi- nies into a transcontinental nation. It week our allies in Colombia struck a dence that Mr. Chavez has given the FARC focused on transportation, on water- blow for freedom against the terrorist hundreds of millions of dollars, weapons, and ways, it planted the seeds for what organization known as the FARC. As safe passage and haven in Venezuela. would ultimately become the trans- we all know, the FARC supports its According to our State Department, ‘‘... continental railroad, and actually un- war against our friends in Colombia state sponsors of terrorism provide critical leashed a pattern that carried through through drug trafficking, kidnappings, support to non-state terrorist groups. With- to the national park system, the hydro and the murder of innocent civilians. out state sponsors, terrorist groups would have much more difficulty obtaining the system and, indeed, the national inter- While Venezuelan President Hugo Cha- funds, weapons, materials, and secure areas state highway system signed into law vez has been vocal in his support of the they require to plan and conduct oper- by President Eisenhower. FARC and his opposition to the United ations.’’ While Venezuela previously has Today’s commemoration comes at a States and Colombia, it is now clear been certified by our Secretary of State as critical time, for just as Albert Gal- that Chavez is increasingly intertwined ‘‘not fully cooperating’’ with our latin did something important for the with the FARC and is now giving aid counterterrorism efforts, it is increasingly founding of our Nation, today Amer- and comfort to terrorist organizations. evident that Venezuela now qualifies to be designated as a ‘‘state sponsor of terrorism.’’ ica’s infrastructure is falling apart. During last week’s raid in Ecuador, Designating a country that repeatedly pro- The American Society of Civil Engi- the Colombian authorities recovered vides support for international terrorists, neers rates our infrastructure at a D- records that clearly show that Chavez like the FARC, imposes certain United minus. It’s one of the reasons our econ- has been giving the FARC millions of States government sanctions such as a ban omy is in decline. We’re losing the dollars, weapons, and safe passage in on arms-related exports and sales and the competition to Europe, to Asia. China Venezuela. Last night, published re- imposition of economic and financial restric- is investing nine times as much of ports indicate that the Bush adminis- tions. Other countries which have been des- ignated as state sponsors of terrorism and their national output as we are in in- tration has taken the first steps to- which are good friends of President Chavez frastructure. And at a time of $110 a wards naming Venezuela as a state include Cuba and Iran. barrel oil, will $4 a gallon gasoline be sponsor of terrorism because of its sup- As you are aware, President Chavez has re- far behind? port of terrorist organizations just like peatedly threatened to cut off shipments of We live in a carbon-constrained, the FARC. oil to the United States. As I have said to water-stressed environment with an I am pleased that the Bush adminis- you before, we cannot be held as an economic imperative need to rebuild and renew tration has initiated the process of in- hostage to the whims of tyrants, thugs, and America. It is time to celebrate this cluding Venezuela on the list with the dictators like President Chavez and his anti- American allies such as Iranian President historic vision which helped build likes of Iran, Cuba and North Korea. Mahmoud Ahmadinejad. Designating Ven- America for much of the first two cen- Madam Speaker, the time has come to ezuela and the Chavez regime as a state turies of our existence. It is critical once and for all take the steps that will sponsor of terrorism would likely mean an that we remain true to that tradition, cripple the ability of the Chavez re- end to Venezuelan oil until there is regime

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1449 change there. However, now is the time for Its studies have led students to ca- ing in space and prepare for future sci- us to stand against President Chavez and for reers in teaching, nursing, business, entific discoveries. Help the United the United States government to firmly pro- the arts, communications, health care, States to remain a leader in encour- tect our nation and our economy against an engineering, sports, the sciences and aging the development of technology, oil war with Venezuela and its allies. That is why I have called for having proactive poli- more. Cal State Fullerton graduates space medicine, architecture, and un- cies in place, such as increasing our Stra- have gone on to successful careers and derstanding that will better human life tegic Petroleum Reserve. I believe that it is their impact is felt not only in the on Earth and life in this universe. in our national security interest to begin in- State of California and the Nation but May this global mission, with its creasing our Strategic Petroleum Reserve in throughout the world. Among these Japanese component of the Kibo lab- order to replace Venezuela’s supply to the graduates are Academy Award-winning oratory and the Canadian robotic de- United States. By doing this, we will let the actors and screenwriters, television vice called Dextre become splendid ad- markets know that the United States gov- news reporters, Pulitzer Prize-winning ditions to the international space sta- ernment will protect the American people from those who sponsor terrorism and would journalists, successful novelists, doc- tion and inspire young people to study use oil as an economic and political weapon tors, lawyers, judges, teachers, profes- science and to build global harmony. against our nation. sional athletes, entrepreneurs, sci- In You, O Lord, we build trust, and The FARC is despised across Latin Amer- entists and business leaders and even a with You, O Lord, we uncover the mys- ica and many Venezuelans are openly de- NASA astronaut who served on the teries of the universe, now and forever. nouncing President Chavez for his alliance crew of the Space Shuttle Endeavor Amen. and open support of a terrorist organization. that launched into space in August of f In President Chavez’s effort to take the focus 2007. off of his failed domestic policies and his re- THE JOURNAL cent loss in the December referendum, Mr. Cal State Fullerton’s student body Chavez is increasingly trying to create an also reflects the diversity of the State The SPEAKER pro tempore. The international crisis with neighboring Colom- of California. As one of the most di- Chair has examined the Journal of the bia and he is seeking to destabilize all of verse campuses in the State and in this last day’s proceedings and announces Latin America. We must recognize this gath- Nation, the university welcomes stu- to the House her approval thereof. ering storm and must stop Mr. Chavez in his dents of different ethnic groups, cul- Pursuant to clause 1, rule I, the Jour- tracks by designating Venezuela as a state tures and religions. In fact, many of nal stands approved. sponsor of terrorism. By taking this prudent these students are the first in their step, we will be standing against President f families to earn a university diploma. Chavez and his menacing alliances and we PLEDGE OF ALLEGIANCE will be defending the people of the region The university received full accredi- against a dangerous thug and dictator in tation from the Western College Asso- The SPEAKER pro tempore. Will the Latin America. ciation in 1961 and Cal State Fullerton gentlewoman from New Mexico (Mrs. Thank you for your consideration. now holds 14 national accreditations WILSON) come forward and lead the Sincerely, and associations. In addition, ‘‘Titan House in the Pledge of Allegiance. CONNIE MACK, Pride’’ has been the rallying cry for 12 Mrs. WILSON of New Mexico led the Member of Congress. national team championships in seven Pledge of Allegiance as follows: f different sports. I pledge allegiance to the Flag of the RECOGNIZING CAL STATE FUL- Finally, Cal State Fullerton is United States of America, and to the Repub- LERTON ON ITS 50TH ANNIVER- known for its distinguished faculty, lic for which it stands, one nation under God, SARY many of whom have garnered inter- indivisible, with liberty and justice for all. national and national reputations in The SPEAKER pro tempore. Pursu- f their respective fields. ant to the order of the House of Janu- MESSAGE FROM THE SENATE It is with great pride that I recognize ary 4, 2007, the gentleman from Cali- Cal State Fullerton for 50 wonderful A message from the Senate by Ms. fornia (Mr. ROYCE) is recognized during years. Curtis, one of its clerks, announced morning-hour debate for 3 minutes. that the Senate has agreed to a bill of f Mr. ROYCE. Thank you, Madam the following title in which the concur- Speaker. RECESS rence of the House is requested: I would like to take this opportunity The SPEAKER pro tempore. Pursu- S. Con. Res. 66. Concurrent resolution com- to recognize my alma mater, California ant to clause 12(a) of rule I, the Chair memorating the 175th anniversary of the State University, Fullerton as it cele- declares the House in recess until noon commencement of the special relationship brates its 50th anniversary. In 1957, today. between the United States and the Kingdom California State University, Fullerton of Thailand. Accordingly (at 10 o’clock and 48 was founded by an act of the California minutes a.m.), the House stood in re- f legislature. The enrollment at that cess until noon. time consisted of 452 students when CONGRESS IS TAKING ACTION TO those first classes were offered in f STRENGTHEN ECONOMY AND CREATE JOBS leased quarters at Sunny Hills High b 1200 School prior to the college moving to (Mr. WALZ of Minnesota asked and the temporary buildings that became a AFTER RECESS was given permission to address the permanent site in 1960 in Fullerton. The recess having expired, the House House for 1 minute and to revise and Half a century after its founding, more was called to order by the Speaker pro extend his remarks.) than 185,000 graduates have success- tempore (Ms. SUTTON) at noon. Mr. WALZ of Minnesota. Madam fully developed careers in hundreds of f Speaker, this Congress has finally un- industries. derstood and is realizing what the Each year, more than 36,000 students PRAYER American people have known for so attend classes at Cal State Fullerton, The Chaplain, the Reverend Daniel P. long, that after 6 years of mismanage- choosing from 105 different degree pro- Coughlin, offered the following prayer: ment of our economy by the Bush ad- grams including 55 undergraduate, 49 Lord God of the universe and eternal ministration that our economy has graduate and a doctorate in education Creator, this morning, long before failed America’s working class. at eight distinct colleges: Arts, Busi- dawn, the space shuttle Endeavor lifted This Congress is working to change ness and Economics, Communications, from the surface of the Earth to find that, having already passed a bipar- Education, Engineering and Computer orbit in space. This exploratory jour- tisan economic stimulus package that Science, Health and Human Develop- ney into the beyond to the inter- will help jump-start the economy and ment, Humanities and Social Sciences, national space station is designed to be create up to half a million new Amer- and Natural Sciences and Mathe- the longest shuttle mission in history. ican jobs. Later this spring, recovery matics, all of which provide an out- Lord, guide and protect the seven as- rebate checks of hundreds of dollars standing education to the students. tronauts as they work to expand build- will be in the hands of 130 million

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1450 CONGRESSIONAL RECORD — HOUSE March 11, 2008 Americans. Most will use it to pay year. If congressional Republicans were sured or underinsured. Food prices re- bills, but hopefully some will help to really concerned about our Nation’s cently experienced their biggest price spend it on the economy. Late last national security, you would think increase in more than 3 years. If all month we passed an energy bill that they would be sitting at the negoti- that is not bad enough, the U.S. econ- will help create hundreds of thousands ating table ensuring their concerns are omy lost 63,000 jobs last month. The of high-paying green collar jobs, lower addressed. They’ve been asked to join February jobs numbers are the latest energy prices, and reduce our depend- the talks, but to date they have re- sign that economic growth has vir- ence on foreign oil. And to address the fused. tually stalled. housing crisis, we expanded affordable And National Intelligence Director President Bush has the dubious dis- mortgage loan opportunities, strength- Mike McConnell says that the Presi- tinction of being tied with his father as ened consumer protection against dent is holding up the legislation in the two Presidents with the worst jobs risky loans, and raised loan limits to order to get blanket immunity for the record since the Great Depression. increase liquidity in the mortgage telecommunications industry. Madam Speaker, congressional market. Madam Speaker, congressional Democrats are working hard to Madam Speaker, this Democratic Democrats are committed to strength- strengthen the American economy and create jobs. We worked in a bipartisan Congress is working to create more ening our intelligence community to fashion on the economic stimulus jobs, jump-start our economy that has keep our country safe. And we urge Re- package that will not only help hard- clearly stalled. We are committed to publicans to put aside partisan politics working Americans pay their bills but addressing those issues that affect and work with us on this important will also jump-start our economy and piece of legislation. America’s working class, not just the create 50,000 new jobs in America. top 1 percent. f This was the only the beginning. f FISA AND THE HOUSE Strengthening our economy remains a SUPPORT VICTORY IN IRAQ DEMOCRATIC LEADERSHIP top priority for this Democratic Con- gress as we move through this year. (Mr. WILSON of South Carolina (Mrs. WILSON of New Mexico asked asked and was given permission to ad- and was given permission to address f dress the House for 1 minute and to re- the House for 1 minute and to revise URGING PASSAGE OF THE SENATE vise and extend his remarks.) and extend her remarks.) FISA BILL BEFORE EASTER RE- Mr. WILSON of South Carolina. Mrs. WILSON of New Mexico. Madam CESS Madam Speaker, today I have intro- Speaker, my colleague from Kentucky (Ms. GRANGER asked and was given duced a resolution calling on Congress has just raised an important point, permission to address the House for 1 to recognize and embrace the success which is that we need to revise the minute and to revise and extend her re- we have seen on the ground in Iraq and Foreign Intelligence Surveillance Act. marks.) dedicate ourselves to support these ef- But I think he’s a little misinformed. Ms. GRANGER. Mr. Speaker, today is forts in achieving victory. He says that there are bipartisan ne- day 25 since the Democrat majority let I have visited our troops in Iraq nine gotiations going on. The Speaker the bipartisan Protect America Act ex- times. I have seen firsthand the success hasn’t even appointed conferees. You pire, leaving our intelligence commu- of the surge. While meeting with Gen- can’t even have negotiations with the nity without the full range of resources eral David Petraeus last week in Bagh- Senate. The negotiations are going on necessary to monitor foreign targets dad, he reported an over-60 percent re- between the Democrat leadership and and leaving our country in danger. duction in violence, with al Qaeda on the conservative Democrats that want It’s truly disappointing that the the defense in Anbar province. to pass a bipartisan Senate bill and strong bipartisan Senate bill might not The success our military men and have written a letter to your leader- be considered by the House before we women and people of Iraq have ship about it. go into a 2-week Easter recess period. achieved is real. The best way to pro- We are now on day 25 when we have Our intelligence community needs a tect American families is to stop ter- had the Protect America Act expire. long-term fix for the gaps in our intel- rorists overseas. The best way to end All we need to do is to be able to listen ligence laws, not short-term Band-Aids the war is through victory. We, as rep- to foreigners in foreign countries with- or political holdups. resentatives of the American people, out a warrant. The Senate bill has un- Senator JOHN ROCKEFELLER, chair- must put aside politics and recognize precedented protections for Americans’ man of the Senate Intelligence Com- what is at stake in Iraq. As my resolu- civil liberties, more than are in the mittee, after the bill passed the Senate tion states: ‘‘Congress must support 1978 law that all of us in this House a few weeks ago, said: ‘‘This is the the idea that the war in Iraq is not support. But, instead, the liberal right way to go in terms of the secu- rity of our Nation.’’ lost’’ and that it ‘‘will do all it can to Democratic leadership is blocking the In the House, 21 Democrats have will of the majority of this House. ensure coalition victory.’’ urged the Speaker to support the Sen- In conclusion, God bless our troops It is time for Democrats to stand up ate-passed bill, and the House Repub- and we will never forget September the to your own leadership and demand lican conference supports the Senate 11th. that the protection of this country is bill. The support for the bipartisan f more important than special interest Senate bill is strong and continuing to groups that have a hold on the Demo- FISA grow. Now is the time to act to provide cratic leadership. our intelligence community all the (Mr. YARMUTH asked and was given Security must come first. tools necessary and to provide impor- permission to address the House for 1 f tant retroactive liability protection minute.) ECONOMIC UNCERTAINTY LEAVES that our telecommunications compa- Mr. YARMUTH. Madam Speaker, nies deserve when we ask for their House Democrats are fully committed AMERICAN FAMILIES STRUG- GLING TO MAKE ENDS MEET help. to ensuring that the FISA law is fo- I urge the House to pass the Senate cused on giving the intelligence com- (Mr. SIRES asked and was given per- FISA bill before we leave this week. munity the tools it needs to protect mission to address the House for 1 Anything short of passage is an unfor- our national security at the same time minute.) tunate and dangerous risk. protecting the constitutional rights of Mr. SIRES. Madam Speaker, during f innocent Americans. these uncertain economic times, Amer- We’ve already passed the RESTORE ican families are struggling to make DEMOCRATIC BUDGET IS FIS- Act, which modernizes FISA, to ad- ends meet. CALLY RESPONSIBLE BUT ALSO dress these two critical needs. Today, Consider that oil and gas prices are FUNDS CRITICAL PRIORITIES congressional leaders continue to nego- at an all-time high. Health care costs (Mr. BUTTERFIELD asked and was tiate differences between our bill and a continue to skyrocket out of control, given permission to address the House bill passed by the Senate earlier this leaving more Americans either unin- for 1 minute.)

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1451 Mr. BUTTERFIELD. Mr. Speaker, Ms. WATSON. Mr. Speaker, it is put their children through college or this week the House will consider a clear that no one is buying into the even to make ends meet, they will tell Democratic budget that will strength- scare tactics created by the President you that bad news is already here; en our economy and make America and some Republicans regarding the 63,000 jobs were lost last month. safer. After years of devastating cuts expiration of the President’s Protect I am glad the Democrats are taking by the Bush administration, our budget America Act. Newspapers around the the opportunity to strengthen our is fiscally responsible, while also en- country are rightfully asking Repub- economy and create jobs. Democratic suring that we invest in the American licans that if this law were so crucial leaders last week held a second eco- people’s priorities. to national security, why did they op- nomic forum. The forum convened na- At a time of economic uncertainty, pose an extension of it last month? tional experts and talked about how we the Democratic budget rejects Presi- The Saint Louis Post-Dispatch called can create jobs. The New Direction dent Bush’s cuts to and Med- this intimidation and ‘‘fear mongering Congress has already passed a bipar- icaid, while also adding $4.9 billion for at its most craven.’’ The Oregonian tisan economic stimulus of which thou- veterans health care. wasn’t fooled by the President’s polit- sands of Americans will be receiving a Despite the President’s repeated ve- ical actions, writing: ‘‘If the Protect payment because of the leadership of toes of our legislation to ensure that 10 America Act is as crucial as he says it our Democratic majority. We are help- million children have access to health is, then he is taking a terrible gamble ing to create 500,000 jobs. But it is well care, our budget accommodates the $50 with the safety of his country’s citi- to recognize that this administration billion that would be needed over the zens.’’ The Palm Beach Post recognized just last month lost 63,000 jobs. next 5 years to make this goal a re- that ‘‘political distraction’’ is more What we need to do is bring our ality. We’re still hopeful that enough important to this administration than troops home, lower health care costs, Republicans will join us in overriding the law. They wrote, ‘‘The law that Mr. and increase health care quality. We the President’s ill-advised and non- Bush and some Republicans say is vital need to vote in the CHIP bill and stop compassionate veto. could have been extended for 3 weeks. the President’s veto. We need to ensure Mr. Speaker, the Democratic budget Instead, they let it die.’’ that we lower energy prices through al- is able to address all of the health care Mr. Speaker, House Democrats are ternative fuels by creating hundreds of needs while balancing the budget by serious about passing a strong FISA thousands of new green jobs. We have 2012 without raising taxes. law that provides our intelligence com- got to make college more affordable f munity with the tools necessary to and K–12 classrooms more successful. protect our national security, and we We can empower America with our EARMARKS urge congressional Republicans and the own initiative and our own genius. But (Mr. KIRK asked and was given per- White House to join us at the table. we cannot do it if we have an adminis- mission to address the House for 1 f tration that doesn’t listen. Sixty-three thousand jobs lost tells the story, and minute and to revise and extend his re- FISA AMENDMENTS ACT marks.) Mr. and Mrs. America say, ‘‘wake up Mr. KIRK. Mr. Speaker, I am the (Mr. KUHL of New York asked and and provide an opportunity for Ameri- first House appropriator to swear off was given permission to address the cans.’’ They want the Democrats to earmarks and join 32 of my colleagues, House for 1 minute and to revise and lead and to be able to create the oppor- including Senators FEINGOLD and extend his remarks.) tunity for the economic engine that MCCAIN, as well as Chairman WAXMAN Mr. KUHL of New York. Mr. Speaker, will save jobs and create jobs. and Leader BOEHNER. I’m told that I rise today in support of the FISA f Senators CLINTON and OBAMA are con- Amendments Act, a bipartisan piece of legislation to modernize the Foreign NATIONAL MULTIPLE SCLEROSIS sidering supporting this effort. AWARENESS WEEK The Constitution put the spending Intelligence Surveillance Act of 1978. power in the House, and I used this to It is imperative that we provide our (Mr. BURGESS asked and was given support my district. But like other intelligence community with the tools permission to address the House for 1 powers, this congressional power could it needs to conduct surveillance on for- minute and to revise and extend his re- be abused; and, increasingly, we ap- eign terrorists without getting tied up marks.) prove low- or no-quality spending to in the courts, and this bill would do Mr. BURGESS. Mr. Speaker, this win approval for our own community: just that. The Senate passed this bipar- week, March 10–17, is National Multiple you get yours, I get mine, and the kids tisan legislation almost a month ago, Sclerosis Awareness Week. The goal of get the bill. but the House leadership has irrespon- this annual event is to raise awareness No more for this appropriator. We sibly refused to bring up this bill, of this disease for those individuals and should ask: Should the taxpayers pay which is critical to our Nation’s secu- their families who are impacted by it. for a $320 million bridge to connect a rity. Every hour in the United States, town of 8,000 to an island, population I have chosen to cosponsor the meas- someone new is diagnosed with MS. It 50? No. ure because I believe that in today’s is a chronic, often disabling disease Should the taxpayers spend $243,000 world, we cannot shortchange our abil- that attacks the central nervous sys- on Chez Panisse to create a gourmet ity to confront emerging and ongoing tem. Many Americans know a person organic school lunch program featuring threats. Therefore, I urge the majority living with multiple sclerosis, a moth- ‘‘Comte cheese souffle with mache to bring this crucial legislation to a er or father, a son or daughter, another salad’’ or ‘‘Meyer lemon eclairs with vote. family member or friend, or even a col- huckleberry coulis’’? No. f league. For me, it was a member of my staff. Common sense says we should put an THE BUSH ADMINISTRATION This brave and strong woman inspired end to such spending. I would urge the NEEDS TO LISTEN me to get more involved in the battle House to enact the Wolf-Kingston re- (Ms. JACKSON-LEE of Texas asked to live in a world free of multiple scle- forms with a moratorium on earmarks. and was given permission to address rosis. As a medical doctor prior to com- f the House for 1 minute and to revise ing to Congress, I’m working here to b 1215 and extend her remarks.) find sensible solutions for the health Ms. JACKSON-LEE of Texas. Mr. care challenges that Americans face. PRESS AND PUBLIC ARE NOT BUY- Speaker, if you ask Mr. and Mrs. Amer- As the cochair of the newly formed ING INTO SCARE TACTICS OF ica who are in the rural hamlets and Congressional Multiple Sclerosis Cau- BUSH AND REPUBLICANS the urban cities across America, they cus, I intend to bring the needs of those (Ms. WATSON asked and was given will tell you whether there is a reces- individuals into the larger discussion permission to address the House for 1 sion or not. If you ask the automobile of quality health care. minute and to revise and extend her re- dealers, the home builders, if you ask Mr. Speaker, we must work together marks.) the individuals who are attempting to to improve access to quality health

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1452 CONGRESSIONAL RECORD — HOUSE March 11, 2008 services, to break down barriers, and to ment in Washington, lowers taxes on As all of my colleagues know, our make MS therapies more affordable. I struggling citizens and families, ad- health care system is in need of some ask other Members of the House to join dresses the unfunded liabilities of So- serious reform, and I believe that me in this noble cause. We must always cial Security and Medicare, and reins bringing every doctor’s office, hospital, remember that behind every statistic in the out-of-control spending here in and medical record into the 21st cen- is the face of a family member or Washington. tury is a great start. Just look at the friend. We have a shared responsibility I ask my colleagues to join me in success that we have had in Plano. to offer help and hope. There is no bet- supporting the fiscally responsible Re- As Congress continues to debate ter time than now to begin offering it. publican budget. health care reform, I look forward to f f working with my colleagues on pro- posals that will encourage more of the THE PRESIDENT’S BUDGET IS PRESIDENT VETOES INTEL- health care industry to join the tech- INADEQUATE LIGENCE AUTHORIZATION BILL nology revolution. The time is now. (Mr. PAYNE asked and was given (Mr. MORAN of Virginia asked and f permission to address the House for 1 was given permission to address the minute and to revise and extend his re- House for 1 minute and to revise and THE BUDGET marks.) extend his remarks.) (Mr. DEFAZIO asked and was given Mr. PAYNE. Mr. Speaker, during the Mr. MORAN of Virginia. Mr. Speak- permission to address the House for 1 first 6 years of the Bush administra- er, I would like to say a word about the minute.) tion, the President and congressional President’s veto of the congressional Mr. DEFAZIO. Well, we’re hearing Republicans squandered away large ban on torture. By vetoing this meas- the howls from the Republican side. budget surpluses that were left to them ure, he is essentially instructing Amer- Their fat-cat supporters might be by the Clinton administration; yet ica’s torturers to act in a way that is forced to pay a fair share of taxes in they failed to properly fund key na- illegal according to international law, the future, millionaires and billion- tional priorities. Again this year, the to act in a way that is wholly incon- aires who today are paying taxes at a Bush administration proposed a budget sistent with the military’s code of con- rate less than that of your average that ignores the real needs of American duct who are required to abide by the schoolteacher or an Army captain. people, particularly at a time of such Army Field Manual, to act in a way They say that that’s the secret for a economic uncertainty. that does not consistently provide reli- strong economy. Those hedge fund This week, congressional Democrats able information because people being managers on Wall Street are doing will bring a budget to the House floor tortured tell their torturer what they such a great job, the people who that fully funds Medicare and Med- know they want to hear so as to stop brought us the financial meltdown for icaid, the health care programs for the the torture. They know it is not the the United States of America that’s Nation’s most vulnerable people, in- most effective means of acquiring in- hurting average people while these peo- cluding our children and our seniors. formation. ple are still cruising in their yachts Unlike the President’s budget, our He also must know that this puts our and building their seventh and eighth budget fully invests in environmental own soldiers and civilians in much homes in exotic places around the protection and low-income heating pro- greater jeopardy because our enemy world. They need those tax cuts. That’s grams such as LIHEAP so that low-in- will consider it license to do at least as the nostrum for a failing economy: tax come families, including those in my much as we do to them. But, most im- cuts, tax cuts, tax cuts for rich people. district in New Jersey who are facing portantly, it undermines our moral au- No, how about tax fairness and how skyrocketing home heating bills this thority. How far we have strayed from about dealing with a sea of red ink in winter, will receive some much-needed the vision of our Founding Fathers assistance. We also fully invest in the that this Nation would serve as a this country. You can’t do it without COPS program so that we can better moral guidepost to the rest of the asking the wealthiest among us to pay protect our streets against crime. world. We should override this mis- their fair share. And restoring some Mr. Speaker, we do all of this with- guided Presidential veto because it is programs that are important to the out raising taxes by one single penny. both illegal and, most importantly, it middle class. Yeah, that’s right. The This is a well-crafted budget, and it de- is immoral and un-American. rich people don’t need roads that are up to standard because they’re in the serves strong bipartisan support. f back seat of a chauffeur-driven lim- f TIME FOR HEALTH CARE INDUS- ousine. They don’t care if they sit in SUPPORT THE FISCALLY RESPON- TRY TO JOIN TECHNOLOGY REV- traffic for a long time. They’re in their SIBLE REPUBLICAN BUDGET OLUTION private jet. They’re in their walled (Mr. DAVID DAVIS of Tennessee (Mr. SAM JOHNSON of Texas asked community. What do they need for asked and was given permission to ad- and was given permission to address public safety? Their kids go to private dress the House for 1 minute and to re- the House for 1 minute and to revise schools. What do they care about pub- vise and extend his remarks.) and extend his remarks.) lic education? And, hey, they don’t Mr. DAVID DAVIS of Tennessee. Mr. SAM JOHNSON of Texas. Mr. have to worry about the cost of health With gas prices soaring to all-time Speaker, I rise today to congratulate care. That’s the Republican world. high records, families in east Ten- Village Health Partners of Plano, We’re going to change that with this nessee and all across America are Texas, for receiving the 2007 Davies Democratic budget. struggling to make their ends meet. Award of Excellence by the Health f The Democratic budget resolution fails Care Information and Management to meet the test of fiscal responsibility System Society. Since 1994, the Davies FISA miserably. Instead of exercising fiscal Award has nationally recognized excel- (Mr. MCCAUL of Texas asked and was restraint and lowering taxes, the Dem- lence in the use of health information given permission to address the House ocrat budget raises taxes by over $683 technology. Dr. Christopher Crow and for 1 minute.) billion over the course of 5 years. You his partners decided to use technology Mr. MCCAUL of Texas. Mr. Speaker, heard me correctly, $683 billion over to revolutionize how they practiced nearly 4 weeks have passed since the the next 5 years. This is the largest tax medicine. It took their office 3 short Protect America Act expired, and for 4 increase in American history, and it months to go from paper charts to weeks our intelligence community has blows away the previous tax increase completely paper-free. Using this tech- gone dark around the world. For 4 record in 1993 by $443 billion. Families nology has given these doctors the weeks, we are missing critical intel- in east Tennessee will be forced to pay tools to track the quality of care they ligence from foreign terrorists to bet- over $2,611 in new taxes because of the provide their patients. In just 1 year ter protect this Nation. Democrat budget. these physicians have seen the dra- Mr. Speaker, this is a dereliction of I am supporting the Republican budg- matic impact this technology has had duty. The most solemn obligation we et which addresses the bloated govern- on the lives of their patients. have in the House is to protect the

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1453 American people; yet we have allowed quorum is not present and make the McCarthy (CA) Pitts Slaughter McCarthy (NY) Platts Smith (NE) this act to expire. A bipartisan bill has point of order that a quorum is not McCollum (MN) Pomeroy Smith (NJ) passed in the Senate; yet we in the present. McCotter Porter Smith (TX) House are denied democracy and the The SPEAKER pro tempore. Evi- McCrery Price (GA) Snyder opportunity to have the people vote for dently a quorum is not present. McDermott Price (NC) Solis McGovern Putnam Space this important legislation that will The Sergeant at Arms will notify ab- McHenry Ramstad Spratt protect Americans. sent Members. McHugh Regula Stearns I applied for FISA warrants in the The vote was taken by electronic de- McIntyre Rehberg Stupak Justice Department. This statute was McKeon Reyes Sullivan vice, and there were—yeas 20, nays 364, McMorris Reynolds Sutton never intended to apply to foreign ter- not voting 44, as follows: Rodgers Richardson Tanner rorists in foreign countries. In fact, McNerney Rodriguez Tauscher [Roll No. 111] what we are doing is extending con- McNulty Rogers (AL) Taylor stitutional protections to foreign ter- YEAS—20 Meeks (NY) Rogers (KY) Terry Melancon Rogers (MI) Thompson (CA) Bishop (UT) Johnson (IL) Renzi rorists like Osama bin Laden. This Mica Roskam Thornberry Calvert King (IA) Shuster turns the statute on its head; yet we Michaud Ross Tiahrt Coble Marchant Tancredo Miller (FL) Rothman Tiberi have a majority leader who says Davis, David McCaul (TX) Whitfield (KY) Miller (MI) Roybal-Allard Tierney there’s no urgency. The chairman of Doolittle Pearce Wilson (SC) Miller (NC) Ruppersberger Towns Gohmert Radanovich Intelligence says we’ll be just fine. It Young (AK) Miller, Gary Ryan (OH) Tsongas Gordon Reichert reminds me of an FBI agent who Miller, George Ryan (WI) Turner warned before 9/11, frustrated about the NAYS—364 Mollohan Salazar Udall (NM) Moore (KS) Sali Upton intelligence gap, ‘‘Someday someone Abercrombie Courtney Hastings (WA) Moore (WI) Sa´ nchez, Linda Van Hollen will die. The public will not understand Ackerman Cramer Hayes Moran (KS) T. Vela´ zquez why we were not more effective at Aderholt Crenshaw Heller Moran (VA) Sanchez, Loretta Visclosky Akin Crowley Hensarling throwing every resource we had at cer- Murphy (CT) Sarbanes Walberg Alexander Cubin Herger Murphy, Patrick Saxton Walden (OR) tain problems, especially since the big- Altmire Cuellar Herseth Sandlin Murphy, Tim Schakowsky Walsh (NY) gest threat to us now is Osama bin Andrews Culberson Hill Murtha Schmidt Walz (MN) Laden and he is getting the most pro- Arcuri Cummings Hinchey Musgrave Schwartz Wamp Baca Davis (AL) Hinojosa tection.’’ Nadler Scott (GA) Wasserman Bachmann Davis (CA) Hirono Napolitano Scott (VA) Schultz I urge this Congress, this House, and Bachus Davis (IL) Hobson Neugebauer Sensenbrenner Waters the Democratic leadership to pass the Baird Davis (KY) Hodes Nunes Serrano Watson Senate bipartisan bill and make the Baldwin Davis, Tom Hoekstra Olver Sessions Watt Barrett (SC) Deal (GA) Holden Ortiz Sestak Waxman Protect America Act permanent. Barrow DeFazio Holt Pallone Shadegg Welch (VT) f Bartlett (MD) DeGette Honda Pascrell Shays Weller Barton (TX) Delahunt Hoyer Pastor Shea-Porter Westmoreland FISA Becerra DeLauro Hulshof Paul Sherman Wilson (NM) Berkley Dent Hunter (Mr. GOHMERT asked and was given Payne Shimkus Wilson (OH) Berman Diaz-Balart, L. Inglis (SC) Perlmutter Shuler Wittman (VA) permission to address the House for 1 Berry Diaz-Balart, M. Inslee Peterson (MN) Simpson Wolf minute.) Biggert Dicks Israel Petri Sires Wu Mr. GOHMERT. Mr. Speaker, FISA is Bilbray Dingell Issa Pickering Skelton Yarmuth Bilirakis Doggett Jackson (IL) a major issue. Great nations in history Bishop (GA) Donnelly Jackson-Lee NOT VOTING—44 have failed and been defeated by be- Bishop (NY) Doyle (TX) Allen Markey Ros-Lehtinen coming soft from within. I see dangers Blumenauer Dreier Jefferson Bean Marshall Royce Blunt Duncan Johnson (GA) Blackburn Meek (FL) Rush of doing that here. Boehner Edwards Johnson, E. B. I know that my colleagues across the Boustany Mitchell Schiff Bonner Ehlers Johnson, Sam Brown-Waite, Myrick Smith (WA) aisle, the 170 or so who did not support Bono Mack Ellison Jones (NC) Ginny Neal (MA) Souder FISA being passed into law last Au- Boozman Ellsworth Jordan Davis, Lincoln Oberstar Stark gust, are very compassionate people. Boren Emanuel Kagen Drake Obey Thompson (MS) Boswell Emerson Kanjorski Higgins Pence Udall (CO) I’ve seen the hurt in your eyes. I’ve Boucher Engel Kaptur Hooley Peterson (PA) Weiner seen how it troubles your soul when Boyd (FL) English (PA) Keller Jones (OH) Poe Weldon (FL) you see people hurting and killed and Boyda (KS) Eshoo Kilpatrick Pryce (OH) Wexler Brady (PA) Etheridge Kildee maimed. What we’re asking here is to Kline (MN) Rahall Woolsey Brady (TX) Everett Kind LaHood Rangel Wynn do the intelligence and allow the intel- Braley (IA) Fallin King (NY) Mahoney (FL) Rohrabacher Young (FL) ligence community to protect us so we Broun (GA) Farr Kingston Brown (SC) Fattah Kirk b 1257 don’t have to experience the horror of Brown, Corrine Feeney Klein (FL) seeing Americans killed and maimed. Buchanan Ferguson Knollenberg Messrs. ROSKAM, BROUN of Geor- We’re losing valuable intelligence Burgess Filner Kucinich gia, Mrs. EMERSON, Messrs. ISSA, every day that we do not pass this im- Burton (IN) Flake Kuhl (NY) CARTER, MATHESON, JORDAN of Butterfield Forbes Lamborn C portant, valuable bill. The proposal Buyer Fortenberry Lampson Ohio, M HUGH, NUNES, MELANCON, was made, let’s just keep extending it a Camp (MI) Fossella Langevin SULLIVAN, ROGERS of Kentucky, week at a time. You cannot do exten- Campbell (CA) Foxx Larsen (WA) KINGSTON, SMITH of Texas, RUP- sive intelligence on a week-to-week Cannon Frank (MA) Larson (CT) PERSBERGER, GINGREY, WAMP, Cantor Franks (AZ) Latham basis. We cannot put our country at Capito Frelinghuysen LaTourette HASTINGS of Florida, AKIN, risk. This House has other things Capps Gallegly Latta SHIMKUS, BARTLETT of Maryland, planned today other than this critical Capuano Garrett (NJ) Lee BURTON of Indiana, Ms. ESHOO, Cardoza Gerlach Levin issue that could be a nation-saving Carnahan Giffords Lewis (CA) Messrs. FLAKE and TOM DAVIS of measure. Carney Gilchrest Lewis (GA) Virginia changed their vote from ‘‘yea’’ f Carter Gillibrand Lewis (KY) to ‘‘nay.’’ Castle Gingrey Linder Mr. MARCHANT changed his vote MOTION TO ADJOURN Castor Gonzalez Lipinski Chabot Goode LoBiondo from ‘‘nay’’ to ‘‘yea.’’ Mr. GOHMERT. Mr. Speaker, I move Chandler Goodlatte Loebsack So the motion to adjourn was re- that the House do now adjourn. Clarke Granger Lofgren, Zoe jected. The SPEAKER pro tempore (Mr. Clay Graves Lowey The result of the vote was announced Cleaver Green, Al Lucas CAPUANO). The question is on the mo- as above recorded. Clyburn Green, Gene Lungren, Daniel tion to adjourn. Cohen Grijalva E. Stated against: The question was taken; and the Cole (OK) Gutierrez Lynch Mrs. MYRICK. Madam Speaker, I was un- Speaker pro tempore announced that Conaway Hall (NY) Mack able to participate in the following vote. If I Conyers Hall (TX) Maloney (NY) had been present, I would have voted as fol- the noes appeared to have it. Cooper Hare Manzullo Mr. GOHMERT. Mr. Speaker, I object Costa Harman Matheson lows: Rollcall vote 111, on motion to adjourn, to the vote on the ground that a Costello Hastings (FL) Matsui I would have voted ‘‘nay.’’

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 9920 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1454 CONGRESSIONAL RECORD — HOUSE March 11, 2008 ANNOUNCEMENT BY THE SPEAKER research facilities and is a leader in Institution complex, which is the PRO TEMPORE scientific research. The Horticulture world’s largest museum complex. In ad- The SPEAKER pro tempore. Pursu- Services Division provides a wide vari- dition, the facility will house the or- ant to clause 8 of rule XX, the Chair ety of services internally to Smithso- chid collection held in trust by the will postpone further proceedings nian museums, and more generally to Smithsonian. today on motions to suspend the rules the public through the Smithsonian’s The Smithsonian currently conducts on which a recorded vote or the yeas public gardens. these activities at an aging facility lo- The Smithsonian has leased a 55,000- and nays are ordered, or on which the cated at the Armed Forces Retirement square-foot greenhouse complex for its vote is objected to under clause 6 of Home here in the District of Columbia. horticultural operations since 1974. It rule XX. Because the retirement home is rede- is currently located on the property of Record votes on postponed questions veloping the site, the Smithsonian will the Armed Forces Retirement Home in will be taken later. no longer be able to use the greenhouse Northwest Washington, DC. facility located there. f The complex includes 12 greenhouses, These new greenhouses will enable AUTHORIZING BOARD OF REGENTS an office for administrative and the Smithsonian to continue producing OF THE SMITHSONIAN INSTITU- logistical functions, and a shade house. its own plants after it loses access to TION TO CONSTRUCT A GREEN- These greenhouses produce the institu- the Armed Forces Retirement Home. HOUSE FACILITY tion’s world-class orchid collection. Satisfying the Smithsonian’s require- They also provide space to grow a wide Ms. MATSUI. Mr. Speaker, I move to ments for plants on the open market variety of plant materials for exhibits, doesn’t make sense economically. suspend the rules and pass the bill gardens, and special events which (H.R. 5492) to authorize the Board of Given the wide variety of plans re- would be costly or impossible to obtain quired for the National Zoo and muse- Regents of the Smithsonian Institution commercially. to construct a greenhouse facility at ums, it is more cost effective for the The greenhouses allow the Smithso- Smithsonian to grow its own plants its museum support facility in nian resources equal to, if not sur- Suitland, Maryland, and for other pur- rather than to purchase them. passing, any other botanical institute The cost of this project is appro- poses. in the world. The Clerk read the title of the bill. priate given the need for the green- The greenhouse employees do this house facility, as well as the work nec- The text of the bill is as follows: work with limited human resources. As essary to construct this particular type H.R. 5492 true to most Smithsonian endeavors, of greenhouse. I support the resolution. the greenhouse staff is assisted in large Be it enacted by the Senate and House of Rep- I urge my colleagues to do the same. resentatives of the United States of America in part by a group of dedicated volunteer Mr. OBERSTAR. Mr. Speaker, I rise in Congress assembled, staff members. During fiscal year 2007, strong support of H.R. 5492, which authorizes SECTION 1. CONSTRUCTION OF GREENHOUSE FA- over 4,500 hours of time were donated the Board of Regents of the Smithsonian Insti- CILITY. by these individuals. Their commit- tution to construct a greenhouse facility at its The Board of Regents of the Smithsonian ment to the greenhouse facilities’ pro- museum support facility in Suitland, Maryland. Institution is authorized to construct a grams is evident from their dedication, greenhouse facility at its museum support The Smithsonian has leased a 55,000- some of whom have donated over 25 facility in Suitland, Maryland, to maintain square-foot greenhouse complex for its horti- years of service to the organization. the horticultural operations of, and preserve cultural operations on the property of the the orchid collection held in trust by, the The current greenhouse site will be leased commercially, and the Smithso- Armed Forces Retirement Home (‘‘AFRH’’) in Smithsonian Institution. northwest Washington, DC, since 1974. The SEC. 2. AUTHORIZATION OF APPROPRIATIONS. nian must begin work on replacement greenhouses at the Smithsonian Mu- complex includes 12 greenhouses, space for There is authorized to be appropriated administrative and logistical functions, and a $12,000,000 to carry out this Act. Such sums seum Support Facility in Suitland, shall remain available until expended. Maryland. Moving the facilities is the shade house. The complex houses the Institu- tion’s world-class orchid collection, and pro- The SPEAKER pro tempore. Pursu- most cost-effective way to preserve the vides space to grow a wide variety of plant ant to the rule, the gentlewoman from greenhouses. The Smithsonian has also materials for exhibits, gardens, and special California (Ms. MATSUI) and the gen- created a design that will help save events that would be costly or impossible to tleman from (Mr. GRAVES) money during construction. obtain commercially. each will control 20 minutes. Mr. Speaker, the important work being done every day by the Smithso- The AFRH plans to lease the property The Chair recognizes the gentle- where the greenhouse complex is currently lo- woman from California. nian horticulturists in the current fa- cility is vital to the mission of the cated to real estate developers and could turn GENERAL LEAVE Smithsonian, the increase and diffu- the site over to a developer as early as Sep- Ms. MATSUI. Mr. Speaker, I ask sion of knowledge. tember 30, 2008, when the current Smithso- unanimous consent that all Members I appreciate Chairman OBERSTAR, nian lease expires, leaving the Smithsonian have 5 legislative days in which to re- Chairwoman NORTON, and Ranking without a greenhouse facility. vise and extend their remarks and in- Members MICA and GRAVES for recog- This bill authorizes $12 million for the con- clude extraneous material on the reso- nizing the significance of this reloca- struction of a new greenhouse facility. This fa- lution under consideration. tion. H.R. 5492 will ensure that the col- cility will support the Office of Facilities Engi- The SPEAKER pro tempore. Is there lections thrive and the important work neering and Operations (‘‘OFEO’’) of the Horti- objection to the request of the gentle- that is done at these facilities con- culture Services Division (‘‘HSD’’). This office woman from California? tinues. I urge my colleagues to support provides services for the Smithsonian muse- There was no objection. the bill. ums and units through planting for exhibits Ms. MATSUI. Mr. Speaker, I yield I reserve the balance of my time. and special events, and through development myself such time as I may consume. Mr. GRAVES. Mr. Speaker, I yield and management of the Smithsonian public Mr. Speaker, I rise in support of H.R. myself such time as I may consume. gardens. 5492, which is a bill to authorize appro- Mr. Speaker, H.R. 5492 authorizes the I thank the gentlewoman from California priations for the Smithsonian for con- Smithsonian Institution to construct (Ms. MATSUI) and the other congressional Re- structing of replacement greenhouses. greenhouses at its facility in Suitland, gents of the Smithsonian Institution for intro- Mr. Speaker, the Smithsonian is Maryland. The bill authorizes $12 mil- ducing this bill. I urge my colleagues to join widely renowned as a national treas- lion to construct the greenhouses. The me in supporting H.R. 5492. ure. Many of our constituents come Transportation Committee has re- Mr. GRAVES. Mr. Speaker, I don’t from all over the country to visit its searched the proposed cost of and the have any other requests for time, and I museums. There they can explore our need for this greenhouse facility. We yield back the balance of my time. culture, learn about our achievements, have done our due diligence on this Ms. MATSUI. Mr. Speaker, once and view pieces of our history. project. again I urge my colleagues to support But the Smithsonian is much more This greenhouse facility will produce H.R. 5492, and I yield back the balance than a keeper of artifacts. It has nine the plants for the entire Smithsonian of my time.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1455 The SPEAKER pro tempore. The state commerce, national unity, and broke down retary of Transportation who do not question is on the motion offered by barriers between the States; and share that vision. A recent report de- the gentlewoman from California (Ms. (5) the Tennessee Valley Authority, devised by tailing the extraordinary state of dis- President Franklin Delano Roosevelt as a ‘‘cor- MATSUI) that the House suspend the poration clothed with the power of government repair into which our transportation rules and pass the bill, H.R. 5492. but possessed of the flexibility and initiative of infrastructure has fallen from a com- The question was taken; and (two- a private enterprise’’, which brought electricity, mission created by this Congress in the thirds being in the affirmative) the conservation planning, and opportunity for SAFETEA–LU legislation pointed to rules were suspended and the bill was thousands in the Tennessee Valley and across the need for a massive increase in in- passed. the Nation; vestment at all levels, Federal, State A motion to reconsider was laid on Whereas to be regarded as a success, any na- and local, because in order just to the table. tional planning endeavor must address and rec- maintain the existing infrastructure, oncile the needs of different regions of the Na- we would have to spend more than we f tion; are spending today. We are not even HONORING 200TH ANNIVERSARY OF Whereas the genius of the Gallatin Report treading water. We are not even main- GALLATIN REPORT ON ROADS was its alignment of the hopes of the Nation taining a deteriorating infrastructure; AND CANALS, AND RECOGNIZING with the opportunities presented by access to we are deteriorating towards Third THE VAST CONTRIBUTIONS NA- new markets, populations, and territories; Whereas the United States currently faces World status. While our competitors TIONAL PLANNING EFFORTS new challenges in financing the transportation around the world are leaping ahead HAVE PROVIDED infrastructure that is necessary for the future with major investments in transit and Mr. DEFAZIO. Mr. Speaker, I move economic needs of the Nation; and roads, bridges and highways, and with Whereas if the United States is to succeed in to suspend the rules and agree to the major investments in ports and water- resolution (H. Res. 936) honoring the a world of increasing international competition, the United States must have a new national ways, we are falling behind. 200th anniversary of the Gallatin Re- plan for transportation improvements to provide In response to that, unfortunately, port on Roads and Canals, celebrating for the Nation’s future: Now, therefore, be it the Secretary of Transportation joined the national unity the Gallatin Report Resolved, That the House of Representa- with a minority in dissenting from the tives— engendered, and recognizing the vast report and essentially proposed that we contributions that national planning (1) reaffirms the goals and ideals that formed the impetus for Albert Gallatin’s national plan phase out any Federal role or invest- efforts have provided to the United ment in our national transportation in- States, as amended. for transportation improvements 200 years ago; (2) calls on the Federal Government, States, frastructure. The Clerk read the title of the resolu- localities, schools, nonprofit organizations, busi- tion. I can think of nothing more wrong- nesses, and the citizens of the United States to headed, shortsighted, or more destruc- The text of the resolution is as fol- mark this important anniversary by recalling lows: the important legacy of public investment in in- tive for the future of our country than to pull back from these extraordinary H. RES. 936 frastructure, which connects and enhances the needs. So that’s why I think it is so im- Whereas President Thomas Jefferson commis- economies, communications, and communities of sioned his Secretary of the Treasury, Albert Gal- the several States; and portant that we look back, we look latin, to provide a new vision for transportation (3) supports the creation of a new national back over 200 years of history, we look that would unite the young Republic; plan for transportation improvements to align back to the Gallatin Report, we look Whereas 2008 marks the bicentennial of the the demands for economic development with the back to the successes that have fol- national plan, known as the Gallatin Report on resources of the Nation. lowed upon that vision that we have Roads and Canals (Gallatin Report), presented The SPEAKER pro tempore. Pursu- been building upon for 200 years, and by Secretary Gallatin to President Jefferson; ant to the rule, the gentleman from Or- we set a course for the next 200 years so Whereas the Gallatin Report proposed trans- egon (Mr. DEFAZIO) and the gentleman that we can again boast of having the portation improvements not as ends in them- from Tennessee (Mr. DUNCAN) each will state-of-the-art, most efficient, most selves but as means to further national unity; control 20 minutes. Whereas transportation improvements were energy-efficient transportation net- The Chair recognizes the gentleman work in the world, which is far from part of the promise of the American Revolution, from Oregon. as James Madison, writing in The Federalist No. the condition in which we find our- 14, emphasized, ‘‘Let it be remarked . . . that GENERAL LEAVE selves today. Mr. DEFAZIO. Mr. Speaker, I ask the intercourse throughout the Union will be fa- Mr. Speaker, I reserve the balance of cilitated by new improvements. Roads will ev- unanimous consent that all Members my time. erywhere be shortened, and kept in better order; may have 5 legislative days within accommodations for travelers will be multiplied which to revise and extend their re- Mr. DUNCAN. Mr. Speaker, I have and meliorated; an interior navigation on our marks and include extraneous material agreed to reserve my time so the eastern side will be opened throughout, or near- on H. Res. 936. Speaker may be yielded to. ly throughout, the whole extent of the thirteen The SPEAKER pro tempore. Is there States’’; Mr. DEFAZIO. Mr. Speaker, I thank Whereas Madison’s words have served as a objection to the request of the gen- the gentleman, and I yield 1 minute to worthy reminder of the needs for transportation tleman from Oregon? the gentlewoman from California (Ms. infrastructure since that time; There was no objection. PELOSI). Mr. DEFAZIO. Mr. Speaker, I yield Whereas the Gallatin Report incorporated the Ms. PELOSI. Mr. Speaker, I thank myself such time as I may consume. improvements to the Postal Service that Ben- both gentlemen for yielding and for jamin Franklin bequeathed to the Nation, in- Mr. Speaker, I rise in strong support their support of this important resolu- cluding Franklin’s route surveys, his placement of this resolution reaffirming our na- of milestones on principal roads, and his devel- tional commitment to our national tion. I thank Mr. DUNCAN for his lead- opment of shorter transportation routes; transportation infrastructure. Two ership and for supporting this resolu- Whereas the Gallatin Report called for an in- hundred years ago, a farsighted Presi- tion. Mr. DEFAZIO, of course, has been land waterway navigation canal from Massa- dent, Thomas Jefferson, commissioned a champion on these issues for a long chusetts to North Carolina, which was the pre- Secretary Gallatin to provide a report time. And in terms of building the in- cursor to the modern day Intercostal Waterway frastructure of America, Mr. system; and a vision for transportation in BLUMENAUER has, through his relent- Whereas the United States, as a result of Gal- America, to knit together the then- less advocacy for building America’s latin’s legacy, has a record of successful infra- young Nation and to better facilitate structure developments, including— the movement of its people, its goods, infrastructure in an environmentally (1) the Erie Canal, which vastly reduced its commerce and people, and to better sound way, has added to the vision of transportation costs to the interior; compete in the international economy. how we want to do this. (2) the transcontinental railway, which For 200 years, or nearly 200 years, I learned about the Gallatin Report, united the Nation; which you talked about, Mr. DEFAZIO, (3) transit projects across the Nation, which that vision has been maintained and promote freedom and opportunity; has been the prevailing view here in from Mr. BLUMENAUER. Imagine 200 (4) the National Highway System, including Washington, DC. years ago, around the time of the the Dwight D. Eisenhower System of Interstate Unfortunately, we now have an occu- Lewis and Clark expeditions and the and Defense Highways, which fostered inter- pant of the White House and a Sec- Louisiana Purchase, a great President

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1456 CONGRESSIONAL RECORD — HOUSE March 11, 2008 realized that for commerce to flow and sion of capital, and we want to do that roads in Ohio and California, and peo- for people to move and our country to in a fiscally sound way. ple in New York and Michigan use the flourish, we needed to build the infra- Just as they did 200 years ago, these roads in Tennessee. There is very much structure of our country; and Mr. infrastructure investments offer our a significant and legitimate national DEFAZIO described the immensity of Nation job-creating opportunities to interest in our transportation system that project by Albert Gallatin, the invigorate, reinvigorate America’s in this country. Secretary of the Treasury. economies. Anything we’re talking Also, I appreciated the Speaker’s re- Secretary Gallatin said at the time about in terms of infrastructure means marks about the need to invest in and his vision of roads and canals to unite good-paying jobs right here at home in improve our Nation’s infrastructure. I our young Nation could not be left to America. It’s not only about creating heard someone say about the last stim- individual exertion. Contrary to pop- those jobs; it’s about growing our econ- ulus package that what we were really ular thinking at the time, Gallatin had omy. doing was borrowing money from China the great foresight to see the long-term Today, because of the leadership of so that the people could go out and buy benefits of infrastructure investments Mr. OBERSTAR, the distinguished Chair Chinese products. If we spend money on far outweighed the cost. And because of of the committee, Mr. DEFAZIO, who our infrastructure, we will be spending that, public capital, not just private re- opened the debate here, Mr. DUNCAN, that money here and the money will be sources, were necessary. thank you as well, and the leadership going to American workers to do these From the beginning of our country, of Congressman EARL BLUMENAUER, projects. And many of them are very, our Founders and the leaders of our Congress has the opportunity to honor very necessary. country were entrepreneurs. They were the genius of the Gallatin plan, as the Mr. Speaker, I think this resolution risk-takers. They believed in public- resolution says, establishing a more is very appropriate, and I urge my col- private partnerships, and that is what perfect Union. leagues to support this. this was. Mr. Speaker, I rise in recognition of Mr. Speaker, I reserve the balance of At the beginning of the 19th century, Secretary Albert Gallatin who, with my time. it is important I think to note, there his plan, encouraged the prosperity and Mr. DEFAZIO. Mr. Speaker, I yield 5 the national unity of America. were barely 1,000 miles of canals in minutes to the gentleman from Oregon Mr. DUNCAN. Mr. Speaker, I yield America. Sixty years later, in part be- (Mr. BLUMENAUER). myself such time as I may consume. cause of the vision of Albert Gallatin, Mr. BLUMENAUER. Mr. Speaker, I And I appreciate the remarks of our appreciate the gentleman’s courtesy, more than 4,200 miles of canals, rang- distinguished Speaker, and also Chair- ing west to Illinois, north to Michigan, and I appreciate the leadership from man DEFAZIO. And I would like to also and south to Texas, facilitated trade my friend from Oregon on this legisla- add my voice to support for this House tion; likewise, my friend and colleague and mobility across our country. Resolution 936. This resolution was in- The Erie Canal, the transcontinental from Tennessee, with whom I’d served troduced by Representative BLUMEN- railway, and America’s model of plan- on the Transportation and Infrastruc- AUER and cosponsored by Chairman ning and investment stand today as ture Committee so many years. They OBERSTAR, Highways and Transit Sub- legacies of Albert Gallatin’s vision. A have adequately, I think, framed what committee Chairman DEFAZIO, the sub- we have here. This is not merely the statue of Albert Gallatin stands today committee of which I have the privi- commemoration of some obscure his- at the entrance to the Treasury De- lege of being the ranking member, and torical event. As was mentioned by the partment building in recognition of his Representative PETRI, to honor the Speaker, this is the framework upon many accomplishments. 200th anniversary of the Gallatin re- which America was built for over 200 It is in the tradition of Albert Gal- port on roads and canals, a first-of-its- years; the vision of President Jefferson latin that 100 years later, again my kind assessment for Federal interests and Albert Gallatin, the work of Presi- teacher and mentor on the history of and investment in our Nation’s trans- dent Roosevelt, having a framework for this vision for America, Mr. portation infrastructure. BLUMENAUER, informs me that Theo- In 1808, when he presented the report, taking a ragtag group of 13 colonies dore Roosevelt launched a similar com- Secretary of the Treasury Albert Gal- and making it into a transcontinental mitment by convening a White House latin urged the Federal Government to powerhouse. This farsighted leadership conference on conservation to preserve focus on three basic concepts. and Federal action helped make Amer- America’s natural beauty. That led to The first concept was that it is ap- ica what it is today. the creation of the National Park Serv- propriate for the Federal Government But right now, on Capitol Hill today, ice and helped a growing America re- to finance transportation projects that there are literally thousands of people main a great America and continue on transcend local needs. Second, only who are here urging that we deal with to be an even greater America. projects that yield a return on invest- the infrastructure crisis in this coun- In 2008, 100 years later, 200 years after ment should be constructed. Third, a try, people dealing with mass transit, Thomas Jefferson and Secretary Gal- nationwide system of transportation is firefighters, engineers. There are thou- latin, 100 years after Theodore Roo- essential in the interest of national de- sands of people who are concerned, sevelt, in keeping with the tradition of fense. right now, that it is time for us to take visionary leaders like them, we are pre- All of these concepts that Gallatin this resolution as a clarion call for a pared to invest in America’s strength. proposed 200 years ago are relevant to wake up. We again must invest in our infrastruc- the challenges that our Nation faces The American Society of Civil Engi- ture to do so. today and in the future. neers has rated our infrastructure at D Today that means green solutions I also appreciate that the resolution minus. We are being outcompeted such as mass transit and modern solu- has incorporated the need for a new na- internationally by the European Union tions such as expanding broadband tional transportation plan. Ranking and the Chinese. across America. Member MICA has, for some time, advo- This is history that is worth review- cated for a new national transportation ing; how we built the partnerships that b 1315 plan that provides a long-term stra- created the infrastructure, how we Whether we’re talking about roads or tegic approach to funding our Nation’s were able to tie communities together, bridges or mass transit, whether we’re transportation infrastructure system to be able to enhance new technologies. talking about canals and waterways, so that we can continue to be competi- When it was time for the trans- sewage and water facilities, whether tive in a worldwide economy. continental railroad, the framework we’re talking about broadband or we’re I believe that Secretary Gallatin was in place. talking about the grid to transmit would have supported this type of vi- It is time for us to have a clear-eyed electricity, whether it be talking about sion for the future of our transpor- assessment of what the infrastructure schools, an investment in infrastruc- tation system, and I certainly hope needs are of today. My colleague, Mr. ture that serves the needs of our chil- that my colleagues will as well. DEFAZIO, talked a little bit about this dren and their education, all of this in- I have said many times, Mr. Speaker, in his statement because, frankly, frastructure needs a major, major infu- that the people in Tennessee use the we’ve got the evidence at hand of what

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1457 the condition is. We know that there is just-in-time delivery. You’re now see- The transcontinental railway that linked the time for us to move forward with a new ing trucks detoured by 100, 200 miles east and west coasts and united the country plan for this century. It is time to because of failing and weight-limited at a time of national discord; build the constituency and the public bridges. There’s a tremendous amount The Tennessee Valley Authority that awareness going from the Sierra Club of work that needs to be done. brought electric power, economic develop- to the Garden Club, the AFL–CIO to It would also make us more energy ment, and employment opportunity to a region the Chamber of Commerce, the efficient by helping to obviate some of in need; bicyclists and the truckers. the congestion that we’re currently The National Highway System, including the In 314 days, we start a new era here suffering from, the detours that I al- Interstate System, that fostered transportation on Capitol Hill. There are people out ready mentioned. connectivity, promoted interstate commerce, and about who are starting work on If we set a goal, for instance, of look- and advanced national unity; and this, the America 2050 program, a non- ing at our largest cities, having 10 per- Transit projects throughout the country that partisan assessment under the leader- cent of people take transit to work, we provided accessibility and choice. ship of the RPA, headquartered in New could save 40 percent from the oil that This year marks the 200th anniversary of York, to other assemblage of profes- we currently import from the Middle the Gallatin Report on Roads and Canals. H. sional and academic and business. East. That would be tremendous for na- Res. 936 honors the Gallatin Report and cele- I hope this resolution helps focus the tional security, our balance of trade, brates the national unity the Gallatin Report attention of people on this Chamber for and great for the American people and has engendered. what we all need to do to help our col- good for the environment. This resolution reaffirms the goals and leagues on the Transportation and In- Now, some might say that’s too am- ideals that prompted the development of the frastructure Committee to move for- bitious. Well, I just came back, or I Gallatin Report 200 years ago. It commemo- ward with an assessment of our needs took the committee on a trip to Eu- rates the legacy of Gallatin’s national plan for now, a plan for this century, so that all rope. In London, more than 85 percent transportation improvements and the public in- of our communities can be more livable of the people ride transit to work. And vestment in infrastructure the Gallatin Report and our families safer, healthier, and in Barcelona, they’re investing more helped bring forth. more economically secure. money in one addition to their subway Our Nation’s surface transportation system Mr. DUNCAN. Mr. Speaker, I have no system, which is at capacity right now, is at a crossroads. As we continue the discus- other speakers, and once again I urge than we’re investing in all transit in sion of the future of the system, it is important support for this resolution. the entire continent of the United to recognize the bold vision provided by Sec- I will say this: We have had many, States of America. retary Gallatin in his report. many hearings in the Transportation We are not pushing the margins here The Gallatin Report should serve as a last- and Infrastructure Committee about in terms of our investment. We can do ing reminder to this and future Congresses of better and we can learn from the past the need to greatly improve our infra- the need for vision and leadership at the na- and, at the same time, look to a more structure in this country. We at- tional level. transportation efficient future by ob- tempted, in the last highway bill, to Mr. Speaker, I strongly support H. Res. 936 serving this commemoration of Gal- put in some environmental stream- and urge my colleagues to join me in agreeing latin and beginning to construct our lining. These projects are taking about to the resolution. own version of a Gallatin report as we three times as long and costing about Mr. DEFAZIO. Mr. Speaker, I yield move to the reauthorization of the sur- three times as much because of envi- back the balance of my time. face transportation and transit legisla- ronmental rules and regulations and The SPEAKER pro tempore. The tion in 2009. red tape. We have got to speed up these question is on the motion offered by Mr. OBERSTAR. Mr. Speaker, I rise in the gentleman from Oregon (Mr. infrastructure projects. The other de- strong support of H. Res. 936, which honors DEFAZIO) that the House suspend the veloped nations are doing these the 200th anniversary of the Gallatin Report projects in a third or half the time that rules and agree to the resolution, H. on Roads and Canals, celebrates the national Res. 936, as amended. we are, and that’s going to really harm unity the Gallatin Report engendered, and rec- this country in the future if we don’t The question was taken. ognizes the vast contributions that transpor- The SPEAKER pro tempore. In the speed these projects up. tation improvements have provided to the Also, if we don’t have more domestic opinion of the Chair, two-thirds being United States. in the affirmative, the ayes have it. energy production, we’re going to With the acquisition of vast land area under Mr. BLUMENAUER. Mr. Speaker, on make ourselves much more vulnerable the Louisiana Purchase in 1803, and with the that I demand the yeas and nays. to foreign energy producers, but we’re persistent westward migration of early settlers, not going to be able to afford the infra- The yeas and nays were ordered. the United States in the early 19th century The SPEAKER pro tempore. Pursu- structure projects that we really need was a young and rapidly expanding Republic. ant to clause 8 of rule XX and the to do in this country. So those are two To President Thomas Jefferson, the architect Chair’s prior announcement, further thoughts that we need to take into of the Louisiana Purchase, uniting the United proceedings on this motion will be consideration when we consider a reso- States and its people was of paramount im- postponed. lution like this. portance. But I commend my colleagues, Chair- President Jefferson directed his Secretary of f man DEFAZIO and Mr. BLUMENAUER and the Treasury, Albert Gallatin, to develop a na- ELECTING MINORITY MEMBERS TO Mr. PETRI, for this resolution, and I tional plan for transportation improvements to CERTAIN STANDING COMMIT- urge its support. unite the country. Secretary Gallatin presented TEES OF THE HOUSE OF REP- Mr. Speaker, I yield back the balance his report—the Gallatin Report on Roads and RESENTATIVES of my time. Canals, Gallatin Report—in 1808. Mr. PUTNAM. Mr. Speaker, by direc- Mr. DEFAZIO. Mr. Speaker, I yield Mr. Speaker, Gallatin’s national plan tion of the House Republican Con- myself the balance of the time. matched the Nation’s hopes with the opportu- ference, I send to the desk a privileged It’s already been referenced earlier nities presented by a growing population, ex- resolution and ask for its immediate by the Speaker, and by Mr. panding territories, and widening markets. It consideration. BLUMENAUER, that one thing we could recommended, for example, an inland water- The Clerk read the resolution, as fol- do for the ailing American economy to way navigation canal from Massachusetts to lows: put people back to work, quite quickly North Carolina, which was the precursor to our this year, this construction year, present Intracoastal Waterway system. H. RES. 1034 would be investment in our infrastruc- As a result of Gallatin’s national plan, the Resolved, That the following named Mem- ture. These would be American jobs United States has achieved a number of im- bers be, and are hereby, elected to the fol- with American products. They can’t be lowing standing committees of the House of portant and significant transportation infra- Representatives: exported. The benefits are here at structure improvements, including: COMMITTEE ON ARMED SERVICES: Mr. home. It will make our country more The Erie Canal that connected the east Wittman of Virginia. competitive in the international mar- coast with the Great Lakes to reduce transpor- COMMITTEE ON HOMELAND SECURITY: Mrs. ketplace. They help businesses with tation costs to the interior of the country; Miller of Michigan.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1458 CONGRESSIONAL RECORD — HOUSE March 11, 2008 The resolution was agreed to. Johnson (GA) Miller (FL) Scott (VA) RESIGNATION AS MEMBER OF Johnson, E. B. Miller (MI) Sensenbrenner A motion to reconsider was laid upon Johnson, Sam Miller (NC) Serrano COMMITTEE ON ARMED SERVICES the table. Jones (NC) Miller, Gary Sessions The SPEAKER pro tempore laid be- Jordan Miller, George Sestak f Kagen Mollohan Shadegg fore the House the following resigna- Kanjorski Moore (KS) Shays tion as a member of the Committee on MOTION TO ADJOURN Kaptur Moore (WI) Shea-Porter Armed Services: Keller Moran (KS) Sherman HOUSE OF REPRESENTATIVES, Mr. WESTMORELAND. Mr. Speaker, Kennedy Moran (VA) Shimkus Washington, DC, March 10, 2008. I move that the House do now adjourn. Kildee Murphy (CT) Shuler Kind Murphy, Patrick Shuster Hon. NANCY PELOSI, The SPEAKER pro tempore. The King (IA) Murphy, Tim Simpson The Capitol, question is on the motion to adjourn. King (NY) Murtha Sires Washington, DC. The question was taken; and the Kingston Musgrave Skelton DEAR MADAM SPEAKER: I hereby inform Kirk Nadler Slaughter you that I respectfully resign my seat on the Speaker pro tempore announced that Klein (FL) Napolitano Smith (NE) the noes appeared to have it. Kline (MN) Neugebauer Smith (NJ) House Committee on Armed Services effec- Mr. WESTMORELAND. Mr. Speaker, Knollenberg Nunes Smith (TX) tive Tuesday, March 11, 2008. I object to the vote on the ground that Kucinich Obey Smith (WA) Sincerely, Kuhl (NY) Olver Snyder CANDICE S. MILLER. a quorum is not present and make the LaHood Ortiz Solis point of order that a quorum is not Lamborn Pallone Space The SPEAKER pro tempore. Without present. Lampson Pastor Spratt objection, the resignation is accepted. Langevin Paul Stark There was no objection. The SPEAKER pro tempore. Evi- Larsen (WA) Payne Stearns dently a quorum is not present. Larson (CT) Pearce Stupak The Sergeant at Arms will notify ab- Latham Peterson (MN) Sullivan f sent Members. LaTourette Petri Sutton Latta Pickering Tancredo RESIGNATION AS MEMBER OF The vote was taken by electronic de- Lee Pitts Tanner vice, and there were—yeas 6, nays 387, Levin Platts Tauscher COMMITTEE ON FOREIGN AFFAIRS not voting 35, as follows: Lewis (CA) Poe Taylor The SPEAKER pro tempore laid be- Lewis (GA) Pomeroy Terry [Roll No. 112] Lewis (KY) Porter Thompson (CA) fore the House the following resigna- YEAS—6 Linder Price (GA) Thornberry tion as a member of the Committee on Lipinski Price (NC) Tiahrt Coble Johnson (IL) Westmoreland Foreign Affairs: LoBiondo Putnam Tiberi Gohmert Myrick Young (AK) Loebsack Radanovich Tierney CONGRESS OF THE UNITED STATES, NAYS—387 Lofgren, Zoe Rahall Towns HOUSE OF REPRESENTATIVES, Lowey Ramstad Tsongas Washington, DC, March 10, 2008. Abercrombie Carnahan Farr Lucas Regula Turner Hon. NANCY PELOSI, Ackerman Carney Fattah Lungren, Daniel Rehberg Udall (NM) Akin Carter Feeney Speaker, House of Representatives, E. Reichert Upton Washington, DC. Alexander Castle Ferguson Lynch Reyes Van Hollen Allen Chabot Filner Mack Reynolds Vela´ zquez Hon. JOHN BOEHNER, Altmire Chandler Flake Mahoney (FL) Richardson Visclosky Republican Leader, Andrews Clarke Forbes Maloney (NY) Rodriguez Walberg Washington, DC. Arcuri Clay Fortenberry Manzullo Rogers (AL) Walden (OR) DEAR SPEAKER PELOSI AND LEADER Baca Cleaver Fossella Marchant Rogers (KY) Walsh (NY) BOEHNER: I am writing to resign from the Bachmann Clyburn Foxx Marshall Rogers (MI) Walz (MN) Bachus Cohen Frank (MA) Foreign Affairs Committee, effective March Matheson Rohrabacher Wamp 11, 2008. I have enjoyed my brief time serving Baird Cole (OK) Franks (AZ) Matsui Roskam Wasserman Baldwin Conaway Frelinghuysen McCarthy (CA) Ross Schultz on this Committee. Barrett (SC) Conyers Gallegly McCarthy (NY) Rothman Waters With kind regards, I am Barrow Cooper Gerlach McCaul (TX) Roybal-Allard Watson Sincerely, Bartlett (MD) Costa Giffords McCollum (MN) Royce Watt ROB WITTMAN, Bean Costello Gilchrest McCotter Ruppersberger Waxman Member of Congress. Becerra Courtney Gillibrand McDermott Ryan (OH) Weiner Berkley Cramer Gingrey McGovern Ryan (WI) Welch (VT) The SPEAKER pro tempore. Without Berman Crenshaw Gonzalez McHenry Salazar Weldon (FL) objection, the resignation is accepted. Berry Crowley Goode McHugh Sali Weller There was no objection. Biggert Cuellar Goodlatte McIntyre Sa´ nchez, Linda Wexler Bilbray Culberson Gordon McKeon T. Whitfield (KY) Bilirakis Cummings Graves McMorris Sanchez, Loretta Wilson (NM) f Bishop (GA) Davis (AL) Green, Al Rodgers Sarbanes Wilson (OH) Bishop (NY) Davis (CA) Green, Gene McNerney Saxton Wilson (SC) Bishop (UT) Davis (IL) Grijalva McNulty Schakowsky Wittman (VA) RESIGNATION AS MEMBER OF Blumenauer Davis (KY) Gutierrez Meeks (NY) Schiff Wolf COMMITTEE ON FINANCIAL Blunt Davis, David Hall (NY) Melancon Schmidt Wu SERVICES Boehner Davis, Tom Hall (TX) Mica Schwartz Yarmuth Bonner Deal (GA) Hare Michaud Scott (GA) Young (FL) The SPEAKER pro tempore laid be- Bono Mack DeFazio Harman fore the House the following resigna- Boozman DeGette Hastings (FL) NOT VOTING—35 Boren Delahunt Hastings (WA) tion as a member of the Committee on Boswell DeLauro Hayes Aderholt Hooley Peterson (PA) Financial Services: Boustany Dent Heller Barton (TX) Jones (OH) Pryce (OH) Boyd (FL) Diaz-Balart, L. Hensarling Blackburn Kilpatrick Rangel CONGRESS OF THE UNITED STATES, Boyda (KS) Diaz-Balart, M. Herger Boucher Markey Renzi HOUSE OF REPRESENTATIVES, Brady (PA) Dicks Herseth Sandlin Cardoza McCrery Ros-Lehtinen Washington, DC, March 11, 2008. Brady (TX) Dingell Higgins Castor Meek (FL) Rush Speaker NANCY PELOSI, Braley (IA) Doggett Hill Cubin Mitchell Souder House of Representatives, Broun (GA) Donnelly Hinojosa Davis, Lincoln Neal (MA) Thompson (MS) Washington, DC. Garrett (NJ) Oberstar Brown (SC) Doolittle Hirono Udall (CO) Granger Pascrell DEAR SPEAKER PELOSI, With my pending Brown, Corrine Doyle Hobson Woolsey Hinchey Pence appointment to the House Transportation Brown-Waite, Drake Hodes Wynn Ginny Dreier Hoekstra Holden Perlmutter and Infrastructure Committee, I am writing Buchanan Duncan Holt to submit my resignation from the House Burgess Edwards Honda Committee on Financial Services. It has Burton (IN) Ehlers Hoyer b 1354 been an honor and a privilege to serve on the Butterfield Ellison Hulshof Messrs. McCAUL of Texas, SHAD- Financial Services Committee since the be- Buyer Ellsworth Hunter ginning of the 110th Congress. Calvert Emanuel Inglis (SC) EGG, COHEN and SPRATT changed Sincerely, Camp (MI) Emerson Inslee their vote from ‘‘yea’’ to ‘‘nay.’’ Campbell (CA) Engel Israel ALBIO SIRES, Cannon English (PA) Issa So the motion to adjourn was re- Member of Congress. Cantor Eshoo Jackson (IL) jected. The SPEAKER pro tempore. Without Capito Etheridge Jackson-Lee Capps Everett (TX) The result of the vote was announced objection, the resignation is accepted. Capuano Fallin Jefferson as above recorded. There was no objection.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1459 ELECTING CERTAIN MEMBERS TO Whereas since the inception of the ITS, the combat the scourge of anti-Semitism: Now, CERTAIN STANDING COMMIT- German government has financed its oper- therefore, be it TEES OF THE HOUSE OF REP- ations; Resolved, That the House of Representa- tives— RESENTATIVES Whereas beginning in the late 1990s, the U.S. Holocaust Memorial Museum (‘‘Holo- (1) expresses its appreciation to all coun- Mr. CROWLEY. Madam Speaker, by caust Museum’’), Holocaust survivor organi- tries that ratified the amendments to the direction of the Democratic Caucus, I zations, and others began exerting pressure Bonn Accords allowing for open access to the offer a privileged resolution and ask on International Commission members to Holocaust Archives located in Bad Arolsen, for its immediate consideration. allow unfettered access to the ITS archives; ; The Clerk read the resolution, as fol- Whereas following years of delay, in May (2) congratulates the dedication, commit- lows: 2006 in Luxemburg, the International Com- ment, and collaborative efforts of the United mission of the ITS agreed upon amendments States Holocaust Memorial Museum, the De- H. RES. 1035 to the Bonn Accords which would grant re- partment of State, and the International Resolved, That the following named Mem- searchers access to the archives and would Committee of the Red Cross to open the ar- bers be, and are hereby, elected to the fol- allow each Commission member country to chives; lowing standing committees of the House of receive a digitized copy of the archives and (3) encourages the United States Holocaust Representatives: make the copy available to researchers Memorial Museum and the International (1) COMMITTEE ON FOREIGN AFFAIRS.—Mr. under their own country’s respective archi- Committee of the Red Cross to act with all Berman, Chairman. val and privacy laws and practices; possible urgency to create appropriate condi- (2) COMMITTEE ON TRANSPORTATION AND IN- Whereas the first 3 Commission member tions to ensure survivors, their families, and FRASTRUCTURE.—Mr. Sires. countries to ratify the amendments to the researchers have direct access to the ar- The resolution was agreed to. Bonn Accords were the United States, Israel, chives, and are offered effective assistance in A motion to reconsider was laid on and Poland, all 3 home to hundreds of thou- navigating and interpreting these archives; the table. sands of survivors of Nazi brutality; (4) remembers and pays tribute to the mur- der of 6,000,000 innocent Jews and more than f Whereas the United States Holocaust Me- morial Museum has worked to ensure the 5,000,000 other innocent victims during the EXPRESSING GRATITUDE TO MEM- timely release of the Bad Arolsen archives to Holocaust committed by Nazi perpetrators BER STATES OF THE INTER- survivors, researchers, and the public; and their collaborators; and NATIONAL COMMISSION OF THE Whereas the United States Department of (5) must remain vigilant in combating State engaged in diplomatic efforts with global anti-Semitism, intolerance, and big- INTERNATIONAL TRACING SERV- otry. ICE other Commission member countries to pro- vide open access to the archives; The SPEAKER pro tempore (Mrs. Mr. CROWLEY. Madam Speaker, I Whereas the United States House of Rep- TAUSCHER). Pursuant to the rule, the move to suspend the rules and agree to resentatives unanimously passed H. Res. 240 gentleman from New York (Mr. CROW- the resolution (H. Res. 854) expressing on April 25, 2007 and the United States Sen- LEY) and the gentleman from Illinois ate passed S. Res. 141 on May 1, 2007, urging gratitude to all of the member states of (Mr. MANZULLO) each will control 20 all member countries of the International the International Commission of the minutes. International Tracing Service (ITS) on Commission of the ITS who have yet to rat- ify the May 2006 Amendments to the 1955 The Chair recognizes the gentleman ratifying the May 2006 Agreement to Bonn Accords Treaty, to expedite the ratifi- from New York. amend the 1955 Bonn Accords granting cation process to allow for open access to the GENERAL LEAVE open access to vast Holocaust and Holocaust archives located at Bad Arolsen, Mr. CROWLEY. Madam Speaker, I other World War II related archives lo- Germany; ask unanimous consent that all Mem- cated in Bad Arolsen, Germany, as Whereas on May 15, 2007, the International bers may have 5 legislative days to re- Commission voted in favor of a United amended. vise and extend their remarks and in- The Clerk read the title of the resolu- States proposal to allow a transfer of a dig- clude extraneous material on the reso- tion. ital copy of archived materials to any of the lution under consideration. The text of the resolution is as fol- 11 member States that have adopted the May 2006 amendments to the Bonn Accords; there- The SPEAKER pro tempore. Is there lows: after, transfer of materials to both the objection to the request of the gen- H. RES. 854 United States Holocaust Memorial Museum tleman from New York? Whereas for the past 62 years, until their and Yad Vashem, Martyrs’ and There was no objection. ultimate release on November 28, 2007, the Heroes’ Remembrance Authority in Israel, Mr. CROWLEY. Madam Speaker, I International Tracing Service (‘‘ITS’’) ar- was initiated; rise in strong support of this resolution chives located in Bad Arolsen, Germany re- Whereas while it is not possible to provide mained the largest closed Holocaust-era ar- meaningful compensation to Holocaust sur- and yield myself such time as I may chives in the world; vivors for the pain, suffering and loss of life consume. Whereas while Holocaust survivors and they have experienced, it is a moral and jus- Madam Speaker, it is a pleasure to their descendants have had limited access to tifiable imperative for Holocaust survivors support this resolution which recog- individual records at Bad Arolsen, reports and their families to be offered expedited nizes the long overdue ratification of suggest that they faced long delays, incom- open access to these archives; an international agreement that will plete information, and even unresponsive- Whereas with respect to the release of the open access to records of the Holocaust ness; materials, time is of the essence in order for and Nazi war crimes. And I would like Whereas until the archives’ recent release, Holocaust researchers to access the archives the materials remained inaccessible to re- while Holocaust survivor eyewitnesses to the to commend my good friend and distin- searchers and research institutions; horrific atrocities of are still guished colleague, Alcee Hastings of Whereas the 1955 Bonn Accords established alive; Florida, for introducing this measure an International Commission of 11 member Whereas opening the historic record is a before us today. countries (, France, Germany, vital contribution to the world’s collective On January 27, designated by the Greece, Israel, Italy, Luxembourg, the Neth- memory and understanding of the Holocaust United Nations as the International erlands, Poland, the United Kingdom, the and to ensure that unchecked anti-Semitism Holocaust Remembrance Day, the United States) responsible for overseeing the and complete disrespect for the value of world paused to honor the victims of administration of the ITS Holocaust ar- human life, including the crimes committed chives which contain 17,500,000 individual against non-Jewish victims which made such this terrible crime and to vow never names and 50,000,000 documents; horrors possible, is never again permitted to again to allow such atrocities to hap- Whereas the new International Committee take hold; pen. of the Red Cross (‘‘ICRC’’) and the Director Whereas despite overwhelming inter- For many victims and relatives of of the ITS, who is an ICRC employee, oversee national recognition of the unconscionable the Holocaust, 2008 may provide the the daily operations of the ITS and report to horrors of the Holocaust and its devastating first opportunity to obtain access to the Commission at its annual meetings; impact on World Jewry, there has been a information about their own treatment Whereas the new ICRC leadership at the sharp increase in global anti-Semitism and as well as the fate of their loved ones ITS should be commended for their commit- Holocaust denial in recent years; and in Nazi death camps. ment to providing expedited and comprehen- Whereas it is critical that the inter- sive responses to Holocaust survivor requests national community continue to heed the In 1955, 11 member countries signed for information, and for their efforts to com- lessons of the Holocaust, one of the darkest the Bonn Accords to establish an Inter- plete the digitization of all archives as soon periods in the history of humankind, and national Commission responsible for as possible; take immediate and decisive measures to overseeing the administration by the

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1460 CONGRESSIONAL RECORD — HOUSE March 11, 2008 International Tracing Service of Holo- The archives there have been the ing anti-Semitism, hate, racial big- caust archives. largest closed Holocaust-era collection otry, xenophobia, and religious dis- The service is based in Bad Arolsen, of documents in the world, containing crimination, it could not be more crit- Germany, and is directed by the Inter- millions of records about the fates of ical for us to ensure unfettered access national Committee of the Red Cross. over 17 million victims of Nazi Ger- to these Holocaust archives. The ulti- b 1400 many. The archive became open to the mate release of these documents serves public in November of last year after 11 to further delegitimize world leaders Madam Speaker, the archive holds countries of its governing body ratified and other extremist factions who spew over 85,000 feet of records, listing vic- the agreement that allowed the collec- anti-Semitic propaganda and downplay tims’ names, transport details, medical tion to become open and for those doc- or deny the significance of the Holo- records, and in some cases the only his- uments to be transferred to the United caust. tory of those who died at the hands of States Holocaust Memorial Museum I am thankful for the collaborative the Nazis. The records contain over 50 and Yad Vashem in Israel. efforts and leadership shown by the million reference cards for over 17.5 Open access to these records will pro- Holocaust Memorial Museum, new million people. vide many Holocaust survivors and For over 60 years, ITS has limited ac- leadership of the International Com- their families with the information mittee of the Red Cross at the Inter- cess to its records to survivors of Nazi about their loved ones. Additionally, it crimes and their descendants. Aging national Tracing Service, the State De- will present researchers and scholars partment, survivor groups, and this Holocaust survivors have criticized ITS with materials necessary to enhance for delayed responses or a complete body of Congress to pressure the mem- the public knowledge about the Holo- ber states of the ITS to throw open the failure to provide them with any infor- caust. mation. By 2006 ITS had recorded a doors of these archives. Now that the archive is open and the Our success sends a robust message backlog of over 400,000 requests. U.S. Holocaust Museum is able to an- Following years of delay, the 11 par- to the world that the horrors of the swer requests, it is very important that Holocaust shall forever remain at the ties to the Bonn Accords Treaty signed the survivors and their family mem- amendments in May 2006 to ensure the forefront of our collective and indi- bers are aware of these services and are vidual memories. The ultimate release records were fully opened to survivors able to immediately submit requests as well as researchers. This process was of these archives proves that the world for information about their loved ones. recognizes the moral importance of to be enhanced by the distribution of In conclusion, I urge Members from combating the scourge of modern-day digitized records to member countries. both sides of the aisle to support H. While the United States, Israel, Po- anti-Semitism. Res. 854. May we never forget the atrocities of land, and the were the Madam Speaker, I reserve the bal- the Holocaust. May this historic event first signatories to ratify the amend- ance of my time. ments, Holocaust survivors were forced Mr. CROWLEY. Madam Speaker, at serve as a constant reminder to the to wait still longer until the remaining this time I wish to yield 5 minutes to world of what happens when humanity countries completed their ratification my good friend, the gentleman from is silenced and evil permitted to wage procedures. In April 2007, this House Florida (Mr. HASTINGS). war on the innocent. passed H. Res. 240 calling on the re- Mr. HASTINGS of Florida. I thank Mr. MANZULLO. Madam Speaker, I maining seven countries to ratify the my very good friend and cosponsor of continue to reserve the balance of my amendments by the May 2007 deadline. this resolution, Representative CROW- time. The resolution before us today ex- LEY, for the time. Mr. CROWLEY. I want to thank the presses appreciation to all member Madam Speaker, this resolution on gentleman, the sponsor from Florida of countries for having ratified the the floor is the culmination of long- this legislation, Mr. HASTINGS, for his amendments, allowing survivors the standing efforts I have made with Rep- comments. opportunity to find peace in the mate- resentative WEXLER, who is chairman Madam Speaker, at this time I would rial contained in these archives. The of the Subcommittee on Europe; Rep- like to yield 21⁄2 minutes to the gentle- resolution highlights the key roles resentative ILEANA ROS-LEHTINEN, the woman from Las Vegas, Nevada (Ms. played by the United States Holocaust ranking member of the House Foreign BERKLEY). Museum, the Department of State, and Affairs Committee; Representative Ms. BERKLEY. I want to return the the International Community of the ; and many others to open compliment to the gentleman from Red Cross in achieving this outcome. the largest closed Holocaust-era ar- New York. This is an issue that has And it calls on the Holocaust Museum chive in the world and release critical been in the forefront of his mind and and the Red Cross to create the nec- Holocaust records. actions since he came to Congress. And essary conditions by which survivors As I stand today in support of a reso- I thank the sponsor of the legislation, and their families can promptly obtain lution making this significant event in Mr. HASTINGS, for bringing it to us long-sought-after information regard- Holocaust history, I cannot help but today. ing Holocaust-era atrocities. While the reflect on the longstanding life and ca- Madam Speaker, I rise today in sup- ratification of these amendments is reer of a true champion of human port of this resolution and in the hope tragically too late for many victims, rights and Holocaust issues, the former that this archive will help the world re- the hope is that it provides answers for chairman of the House Foreign Affairs member the crimes committed in the many others. Committee and the first and only Holo- Holocaust and ease the pain of those I support this resolution, Madam caust survivor Member of Congress, families who lost loved ones in the Hol- Speaker, and I urge my colleagues to Representative Tom Lantos. ocaust but to this day have no idea do the same. These archives will forever con- what happened to their families and With that, Madam Speaker, I reserve tribute to the world’s collective mem- their family members. the balance of my time. ory of the Holocaust atrocities experi- We, unfortunately, find ourselves in Mr. MANZULLO. Madam Speaker, I enced and the immense bravery exhib- an age where the absurdity of the Holo- yield myself such time as I may con- ited by Representative Lantos and his caust denial is on the rise, when the sume. wife and other survivors who are no leader of Iran seeks to recreate Hitler’s I rise today in support of H. Res. 854 longer with us today. acts, and when anti-Semitic conspiracy on the opening of Bad Arolsen Holo- The opening of the Bad Arolsen ar- theories are finding fertile ground all caust archives. I would like to thank chives will enable Holocaust survivors, over the Internet. the author of this resolution, Congress- their descendants, and future genera- At the meeting of the Transatlantic man HASTINGS, as well as Ranking tions of researchers and the public ac- Legislators’ Dialogue last October in Member ROS-LEHTINEN, Congressman cess to some 50 million records on the Las Vegas, Abraham Foxman, national WEXLER, and Congressman KIRK, who fates of 17.5 million individual victims director of the Anti-Defamation have fought for opening access to the of Nazi brutality. League, laid out for us the troubling Holocaust archives in Bad Arolsen, In our world today, filled with grow- resurgence of global anti-Semitism, Germany. ing international intolerance, includ- not only in Europe and in the Middle

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1461 East but even here at home. Con- that he has given in debate record the est concentration of survivors in the spiracy theories flourish, claiming four ovens with the bodies stacked like State of Illinois and perhaps the coun- Jews control the media and the bank- cordwood next to the ovens and in the try, and the opening of the Bad Arolsen ing industry and Jewish lobbies have ovens and the thousands of human Archive holds deep meaning for those too much power, the same old canards beings packed into railcars where they individuals in the entire community. that have existed for all too long. Mr. were left to starve to death. The fact Perhaps the records located there will Foxman reminded us that these words that people today still engage us in help these families fill in the blanks of and theories, often serious anti-Semi- this argument is why these archives their lives that were shattered by Nazi tism disguised as ‘‘anti-Zionism,’’ are must be turned over to researchers. As Germany. too often used by terrorists and hate he said, when his generation is dead, I am proud to be a cosponsor of H. groups to justify their actions. the last eye-witnesses to this inhu- Res. 854. I’m sorry to say in a newspaper arti- manity will be gone and the I urge all of my colleagues to lend it cle in the Rebel Yell at my alma Ahmadinejads and those who deny their support. mater, the University of Nevada, Las what happened in history will have a PERMISSION TO ADD MEMBER AS COSPONSOR OF Vegas, just this week there was a hor- chance to try to repeat history. H. RES. 854 rible anti-Semitic and anti-Israel One other point: the evidence uncov- Mr. MANZULLO. I would ask unani- screed written by a misinformed stu- ered here, the evidence exposed here, mous consent to add the gentleman dent that has created shock waves will help us better defend the Jewish from California (Mr. ROYCE) as a co- across the Las Vegas community. people and to explain to some of our sponsor to this bill. The SPEAKER pro tempore. That As chairman of the Transatlantic colleagues and to the world why it is would be the prerogative of the pri- Dialogue, I believe that I speak for all the United States understands why the mary sponsor through the hopper. TLD members when I say how grateful threats from people like Ahmadinejad Mrs. TAUSCHER. Madam Speaker, I rise we are to our friends across the Atlan- are so dangerous. tic who have worked so hard to open today in support of House Resolution 854, b 1415 which commends all countries that worked to these archives. It is my hope, as this resolution Mr. CROWLEY. Madam Speaker, ratify the amendments to the Bonn Accords to states, opening the historic record will first, let me thank the gentleman from permit open access to the Holocaust Archives be a ‘‘vital contribution to the world’s California for his contribution to the located in Bad Arolsen, Germany. I want to thank my colleague from Florida, collective memory and understanding debate today. I think his remarks are Congressman HASTINGS, for bringing this im- of the Holocaust.’’ We must do every- right on target. portant resolution to the Floor. thing we can to ensure that nothing At this time, Madam Speaker, I yield 2 minutes to the gentlewoman from Il- For the last 62 years, records relating to like the Holocaust ever happens again, more than 17 million Holocaust victims have not in Europe, not in the Middle East, linois (Ms. SCHAKOWSKY). Ms. SCHAKOWKSY. Madam Speaker, been sealed inside the archives at Bad not in Africa, not anywhere. Arolsen, Germany—the largest WWII-era ar- I thank the gentleman from New York And I thank the gentleman again. chives in the world. To carry forward the proc- for yielding, but also for his great lead- Mr. MANZULLO. Madam Speaker, I ess of rectifying past wrongdoing and to pre- ership on this and so many issues that yield 3 minutes to the gentleman from vent subsequent humanitarian crimes, it is crit- affect the Jewish community and that California (Mr. ROYCE), the ranking ical that we throw open the doors of dark re- affect justice. member of the Subcommittee on Ter- positories like Bad Arolsen and allow the light I rise in strong support of H. Res. 854 rorism, Nonproliferation, and Trade. of accountability to shine in. Mr. ROYCE. I thank the gentleman to congratulate the member states of To open the archives at Bad Arolsen, all 11 for yielding. I appreciate the oppor- the International Commission of the members of the International Commission of tunity. International Tracing Service for open- the International Tracing Service (ITS) were Madam Speaker, opening these his- ing the Holocaust archives located in required to ratify the May 2006 amendments torical records on the Holocaust at this Bad Arolsen, Germany. to the 1955 Bonn Accords. On November 28, time, I think, is absolutely vital for For 62 years after the end of the Sec- 2007, the final state ratified the amendments, the debate that is going on in the world ond World War, the Holocaust archives so that Holocaust survivors, their descendents, today, when, ironically, you have a located in Bad Arolsen remain the larg- researchers, and the general public are finally head of a state like President est closed World War II era archives in allowed full access to the records housed at Ahmadinejad in Iran who simulta- the world. While Holocaust survivors the facility. neously manages to say that the Holo- and their families could request access At a time when anti-Semitism and Holocaust caust never occurred and that we to individual records, many reported denial persist around the world, a vote for this should have another Holocaust and facing significant delays, and these im- resolution will serve as an indictment of secre- that the Jewish people should be portant archives remained inaccessible tive government practices that facilitated vast erased, that Jerusalem and Israel to researchers. crimes, and it will reaffirm that the atrocities should be erased from the map. When Fortunately, that has all changed. experienced by Holocaust victims will be re- you have the kinds of assertions that Each of the 11 member countries of the membered and mourned in perpetuity. we read about, it is vital that those International Commission of the Inter- I commend Mr. HASTINGS for his leadership records be discussed by scholars, be national Tracing Services has ratified on this issue, and I urge my colleagues to join surveyed by the families of those who the May 2006 amendments to the Bonn me in expressing gratitude to our international lost loved ones, and that the debate be Accords, opening these treasured ar- partners for ratifying the treaty to release Hol- reengaged. chives to researchers, including those ocaust records and in congratulating the And the reason I say this is this at the United States Holocaust Memo- United States Holocaust Museum, the U.S. weekend at Chapman University they rial Museum. Department of State, and the International had a program with 280 Holocaust sur- Opening the historic record is a vital Red Commission of the Red Cross for their ef- vivors who had been interviewed by contribution to the world’s collective forts to open the archives. students and we heard the students’ memory and understanding of the Hol- Mr. WEXLER. Madam Speaker, I rise today words about what they had learned ocaust. Greater understanding of the in support of House Resolution 854, high- about the Holocaust. materials contained in the Bad Arolsen lighting the decision made by the member My father was present at that pro- archives will help ensure that un- states of the International Commission of the gram, and he was also present and took checked anti-Semitism is not allowed International Tracing Service, ITS, to finally photographs at Dachau when that to take hold in the world again. grant access to the vast Holocaust archives camp was liberated and has since that Each year, the Congress recognizes located in Bad Arolsen, Germany. time had to repeatedly engage those Holocaust Remembrance Day, and I am The recent decision to fully open the ar- who deny the evidence of those eye- pleased that today we are continuing chives closed a frustrating chapter for Holo- witnesses to history who recorded what our efforts to ‘‘never forget.’’ caust survivors whose requests for informa- had happened there. The words that he My district, the Ninth Congressional tion, which numbered in the hundreds of thou- has written about this and the speeches District of Illinois, is home to the larg- sands, were left unanswered.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1462 CONGRESSIONAL RECORD — HOUSE March 11, 2008 As many of my colleagues are aware, for 63 the concurrent resolution (H. Con. Res. (4) looks forward to continued, enduring years the most extensive collection of files 290) commemorating the 175th anniver- ties of friendship between the Thai and documenting the horrors of the Holocaust sary of the special relationship be- American people. were extensively closed to survivors, heirs, re- tween the United States and the King- The SPEAKER pro tempore. Pursu- searchers and family members seeking to find dom of Thailand, as amended. ant to the rule, the gentleman from out the true fate of their loved ones or to doc- The Clerk read the title of the con- New York (Mr. CROWLEY) and the gen- ument the horrific atrocities committed by the current resolution. tleman from Illinois (Mr. MANZULLO) Nazis. each will control 20 minutes. The text of the concurrent resolution The Chair recognizes the gentleman The Bad Arolsen archives, with its 50 million is as follows: documents chronicling the fate of over 17 mil- from New York. lion victims of the Holocaust, is a vital re- H. CON. RES. 290 GENERAL LEAVE source for the remaining Holocaust survivors Whereas the United States will celebrate Mr. CROWLEY. I ask unanimous con- and their families who are struggling to bring the 175th anniversary of its relationship with sent that all Members have 5 legisla- the Kingdom of Thailand since the signing of closure to this painful chapter of history. tive days to revise and extend remarks the original Treaty of Amity and Commerce and include extraneous material on the Many Holocaust survivors have died without in 1833 during President Andrew Jackson’s knowing the details of a family member’s de- resolution under consideration. administration and the reign of King Rama The SPEAKER pro tempore. Is there portation, incarceration, or death. The opening III; objection to the request of the gen- Whereas the Kingdom of Thailand was the of the Bad Arolsen archives will now enable tleman from New York? survivors as well as second and third genera- United States’ first treaty ally in the Asia- Pacific region and remains a steadfast friend There was no objection. tion survivors to gain access to vital informa- Mr. CROWLEY. Madam Speaker, I tion about their family history. with the Thai and American people sharing the values of freedom, democracy, and lib- rise in strong support of this resolution There are many individuals and organiza- erty; and yield myself such time as I may tions that deserve credit for their efforts in fully Whereas Thailand was designated as a consume. opening Bad Arolsen. In Congress there was major non-NATO ally in December 2003, Madam Speaker, as the lead Demo- a strong bipartisan effort to raise awareness which improved the security of both nations, cratic sponsor of this legislation, I about the world’s largest Holocaust archive particularly through joint counterterrorism want to thank my friend and distin- that was for all intents and purposes closed. efforts; guished colleague from Illinois, the To that, I would like to thank my colleague Whereas for more than a quarter century ranking member of the Subcommittee Thailand has been the host country of Cobra from south Florida, Congressman ALCEE on Asia, the Pacific, and the Global En- Gold, the United States Pacific Command’s HASTINGS, for his tireless work on this issue, annual multinational military training exer- vironment, Mr. Don Manzullo, for in- as well as the many sponsors of this resolu- cise designed to ensure regional peace and troducing this resolution before us tion, many of whom were also involved in ef- promote regional security cooperation; today. forts to reach out to the parliaments of the Whereas the United States and Thailand In 1833, 2 years before the publication member states of the International Commis- launched joint relief operations in the wake of Alexis de Tocqueville’s ‘‘Democracy sion of the ITS to ensure the timely ratification of the tragic 2004 tsunami from Utapao, in America’’ and 3 years before the of the amendments to the Bonn Accords. Thailand, thus strengthening the overall ca- Battle of the Alamo, the United States Now that this vital archive has been made pacity of the forces involved in providing re- and Kingdom of Thailand signed the lief and setting the model for effective hu- Treaty of Amity and Commerce, mak- public, information unjustly denied to survivors manitarian operations throughout the entire and their families for the past 63 years can be ing the Kingdom of Thailand the region affected by the deadly tsunami; United States’ first treaty ally in the brought to light. I urge all of my colleagues to Whereas Thailand is a key partner of the join me in supporting this resolution. United States in Southeast Asia and has sup- Asia-Pacific region. Mr. MANZULLO. I yield back the ported closer relations between the United Now, 175 years later, Thailand re- balance of my time. States and the Association of Southeast mains our oldest Asia-Pacific ally. Mr. CROWLEY. Madam Speaker, at Asian Nations (‘‘ASEAN’’); During this time, the relationship be- this time, we have no further speakers Whereas Congress passed H. Con. Res. 409 tween our two countries has strength- on the subject, and I yield back the in 2006 commemorating the 60th Anniversary ened as it has changed with the times, of the Ascension to the Throne of His Maj- and the friendship between our two balance of my time. esty King Bhumibol Adulyadej of Thailand; The SPEAKER pro tempore. The peoples has grown deep and enduring. Whereas on December 5, 2007, the people of Our military partnership, which question is on the motion offered by Thailand celebrated the 80th birthday of His began when King Mongkut offered com- the gentleman from New York (Mr. Majesty King Bhumibol Adulyadej, the bat elephants to President Lincoln dur- CROWLEY) that the House suspend the world’s longest serving monarch, who is ing the Civil War, is now one of the loved and respected by Thai for his lifelong rules and agree to the resolution, H. closest in Asia. Res. 854, as amended. dedication to the social and economic devel- opment of the Thai people; Thai soldiers fought alongside U.S. The question was taken; and (two- military personnel in World War I, the thirds being in the affirmative) the Whereas on December 23, 2007, the Royal Thai Government held nationwide par- Korean War, and the . rules were suspended and the resolu- liamentary elections that should help pave Today, Thailand is one of only a hand- tion, as amended, was agreed to. the way for a successful return of stable de- ful of our major non-NATO allies and is The title of the resolution was mocracy to Thailand; a crucial partner in our efforts to com- amended so as to read: ‘‘Expressing Whereas approximately 500,000 Americans bat international terrorism. Thailand gratitude to all of the member states of of Thai descent are living in the United is also the host country of Cobra Gold, the International Commission of the States and share in the mutual pursuit of the U.S. Pacific Command’s annual multi- American Dream; International Tracing Service on rati- national military training exercise. fying the May 2006 Agreement to Whereas Thailand is America’s 20th largest trading partner with bilateral trade totaling Our economic relationship is simi- amend the 1955 Bonn Accords granting $30,600,000,000 per year; and larly robust, with bilateral trade top- access to vast Holocaust and other Whereas the bonds of friendship and mu- ping $30 billion annually. World War II related archives located tual respect between the United States and On the political front, traditionally in Bad Arolsen, Germany.’’. Thailand are strong: Now, therefore, be it Thailand has been an anchor of sta- A motion to reconsider was laid on Resolved by the House of Representatives (the bility and democracy in the volatile re- the table. Senate concurring), That the Congress— gion of Southeast Asia. While it has f (1) commemorates the 175th anniversary of been tested repeatedly by its own polit- United States and Thailand relations; ical upheavals, the Thai people have COMMEMORATING THE 175TH ANNI- (2) offers its sincere congratulations to the consistently responded by renewing VERSARY OF THE SPECIAL RE- Kingdom of Thailand and the Thai people for their dedication to democracy. LATIONSHIP BETWEEN THE their democratic, free, and fair election; (3) commemorates the 80th birthday of His The country has had 18 coup at- UNITED STATES AND THE KING- tempts since World War II, and Thai- DOM OF THAILAND Majesty King Bhumibol Adulyadej of Thai- land and offers its sincere congratulations land’s December elections only re- Mr. CROWLEY. Madam Speaker, I and best wishes for the continued prosperity cently ended the latest coup govern- move to suspend the rules and agree to of the Kingdom of Thailand; and ment, which had come to power in 2006.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1463 We all hope and believe that Thai- year’s successful parliamentary elec- States. And thank you to the Thai au- land can move beyond the differences tions by ensuring that all parties in thorities, because they are the ones which led to the coup and return to its Thailand are brought into the political who took him into custody. position as a democratic leader in process. Mr. MANZULLO. Madam Speaker, I Southeast Asia. Thailand’s rebirth of diplomacy is yield back the balance of my time. Key to resilience of the Thai political something which all Americans wel- Mr. CROWLEY. I yield back my time. system is the strength and pride of the come. I therefore urge my colleagues The SPEAKER pro tempore. The Thai people. to support this resolution which recog- question is on the motion offered by No one epitomizes the spirit of Thai nizes our oldest and one of our most the gentleman from New York (Mr. people more than their beloved king, loyal Asian allies. CROWLEY) that the House suspend the His Majesty King Bhumibol Adulyadej. I reserve the balance of my time. rules and agree to the concurrent reso- On December 5, 2006, the king turned Mr. CROWLEY. Madam Speaker, at lution, H. Con. Res. 290, as amended. 80 years old. We in Congress join the this time I reserve the balance of my The question was taken; and (two- Thai people in celebrating this land- time. thirds being in the affirmative) the mark birthday and wishing the king a Mr. MANZULLO. I yield such time as rules were suspended and the concur- continued long life. he may consume to the gentleman rent resolution, as amended, was This resolution commemorates the from California (Mr. ROYCE). agreed to. 175th anniversary of the special rela- Mr. ROYCE. I thank the gentleman, A motion to reconsider was laid on tionship between the United States and Madam Speaker. I rise also to support the table. Thailand and congratulates Thailand this resolution commemorating the on maintaining its commitment to de- 175th anniversary of the special rela- f mocracy by holding national elections tionship that we have with the King- RECOGNIZING THE 187TH ANNIVER- and returning to a civilian-led govern- dom of Thailand. I am an original co- SARY OF THE INDEPENDENCE OF ment. sponsor of this resolution, but I think GREECE AND CELEBRATING I strongly support this resolution and this resolution rightly points out the GREEK AND AMERICAN DEMOC- encourage my colleagues to do the improving security relationship be- RACY same. tween our two countries. And with that, Madam Speaker, I re- Mr. CROWLEY. Madam Speaker, I What I would like to share with my serve the balance of my time. move to suspend the rules and agree to colleagues here today is the growing Mr. MANZULLO. Madam Speaker, I the resolution (H. Res. 1024) recog- cooperation in law enforcement that yield myself such time as I may con- nizing the 187th anniversary of the we are having with Thailand. sume. independence of Greece and celebrating I rise today to recognize the 175th an- Madam Speaker, last week, Viktor Greek and American democracy, as niversary of the strong and enduring Bout, the most notorious of inter- amended. relationship between the people of the national arms dealers, was brought The Clerk read the title of the resolu- United States and the people of Thai- into custody by Thai authorities. A tion. land. The United States has no older criminal complaint was unsealed in The text of the resolution is as fol- ally in the Asia-Pacific region than the New York detailing Viktor Bout’s ef- lows: Kingdom of Thailand. forts to sell mass amounts of weapons to the FARC, a foreign terrorist orga- H. RES. 1024 It was in the early days of our Repub- Whereas the ancient Greeks developed the lic, during the administration of An- nization that operates in Colombia. He was arrested in the final stages of concept of democracy, in which the supreme drew Jackson, that the Treaty of power to govern was vested in the people; Amity and Commerce was signed with arranging a sale of millions of dollars Whereas the Founding Fathers of the King Rama III. Thailand has been a of high-powered weapons, including 100 United States drew heavily on the political staunch friend of the United States advanced shoulder-fired missiles capa- experience and philosophy of ancient Greece ever since. ble of taking out airliners. With the co- in forming our representative democracy; Remarkably, during the dark days of operation of Thai authorities, the Whereas Greek Commander in Chief Petros our Civil War, the King of Thailand of- ‘‘Merchant of Death,’’ as Viktor Bout Mavromichalis, a founder of the modern Greek state, said to the citizens of the fered to send President Lincoln a herd is known, is out of the game. He is being retired from the role he has United States in 1821 that ‘‘it is in your land of elephants to help lead the Union to that liberty has fixed her abode and . . . in victory. While Lincoln did not take up played in the killings and maimings imitating you, we shall imitate our ances- the offer, the gesture was greatly ap- around the world. And this is good tors and be thought worthy of them if we preciated. news to anyone who cares about check- succeed in resembling you’’; More recently, Thailand provided ing strife in Africa, anyone who cares Whereas Greece played a major role in the support for our military forces during about stopping those who armed child World War II struggle to protect freedom and the Vietnam War. It has also served for soldiers, anyone who cares about democracy through such bravery as was shown in the historic Battle of Crete, which more than a quarter century as the checking support for transnational ter- rorists. provided the Axis land war with its first host for our Pacific Command’s annual major setback, setting off a chain of events multinational military training exer- Because while many were attempting that significantly affected the outcome of cise known as ‘‘Cobra Gold.’’ to stop conflicts across Africa, this is World War II; Our two nations have worked closely the individual who was pouring fuel on Whereas the price for Greece in holding together on humanitarian issues as the fire. In U.N. report after U.N. re- onto our common values in their region was well. Thailand was of great assistance port, Viktor Bout was cited as the high, as hundreds of thousands of civilians as the host nation for many of the refu- chief sanctions buster, supplying arms were killed in Greece during World War II; gees who came out of Indochina after to anyone who could pay. And I saw Whereas throughout the 20th century, this up close when I chaired the Africa Greece was one of a few countries that allied the war there. More recently, Thailand with the United States in every major inter- has provided a safe haven for Burmese subcommittee and when I traveled national conflict; and North Korean refugees. Thailand across the continent. It is a bloody Whereas President George W. Bush, in rec- also came together with the United trail from Liberia and then across sub- ognizing Greek Independence Day, said, States in launching joint relief oper- Saharan Africa that he left. ‘‘Greece and America have been firm allies ations following the tragic tsunami Bout simultaneously, by the way, in the great struggles for liberty. Americans which caused its devastation in 2004. also managed to arm the Taliban while will always remember Greek heroism and Thailand is America’s 20th largest he was arming the Northern Alliance. Greek sacrifice for the sake of freedom . . . trading partner. A half million Ameri- As I said, he has had dealings with the [and] as the 21st Century dawns, Greece and FARC in Colombia, and he has been America once again stand united; this time cans are of Thai descent, including the in the fight against terrorism. The United remarkable Tiger Woods. These are in- connected with Hezbollah. He is an States deeply appreciates the role Greece is deed the ties that bind. international menace who needs to face playing in the war against terror. . . . Amer- It is my strong hope that the Govern- justice, and we look forward to his ex- ica and Greece are strong allies, and we’re ment of Thailand with build on last peditious extradition to the United strategic partners.’’;

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1464 CONGRESSIONAL RECORD — HOUSE March 11, 2008 Whereas President Bush stated that (2) expresses support for the principles of its relations with its European neigh- Greece’s successful ‘‘law enforcement oper- democratic governance to which the people bors. It also underwent a notable eco- ations against a terrorist organization [No- of Greece are committed; and nomic transformation with the ex- vember 17] responsible for three decades of (3) notes the important role that Greece change of the drachma for the euro in terrorist attacks underscore the important has played in the wider European region and contributions Greece is making to the global in the community of nations since gaining 2002, highlighting its economic pros- war on terrorism’’; its independence 187 years ago. perity. Greece has remained a strategic part- Whereas Greece is a strategic partner and The SPEAKER pro tempore. Pursu- ner in the post- world, notably ally of the United States in bringing polit- ant to the rule, the gentleman from ical stability and economic development to helping to promote peace and stability New York (Mr. CROWLEY) and the gen- the volatile Balkan region, having invested in the Balkans. The January 2008 visit tleman from Illinois (Mr. MANZULLO) over $20 billion in the countries of the re- by Greece Prime Minister Kostas each will control 20 minutes. gion, thereby creating over 200,000 new jobs, Karamanlis to Turkey, the first such and having contributed over $750 million in The Chair recognizes the gentleman official visit in 49 years, was a welcome development aid for the region; from New York. Whereas Greece was extraordinarily re- development in these countries’ efforts GENERAL LEAVE sponsive to requests by the United States to resolve their differences. during the war in Iraq, as Greece imme- Mr. CROWLEY. Madam Speaker, I Since the tragic attacks on the diately granted unlimited access to its air- ask unanimous consent that all Mem- United States on 9/11, Greece has re- space and the base in Souda Bay, and many bers may have 5 legislative days to re- mained a steadfast ally in the fight ships of the United States that delivered vise and extend their remarks and in- against violent extremism. Plagued for troops, cargo, and supplies to Iraq were refu- clude extraneous material on the reso- many years by domestic acts of terror, eled in Greece; lution under consideration. Greece knows only too well the finan- Whereas Greece is a top contributor to the The SPEAKER pro tempore. Is there cial, mental, and physical toll that ter- defense efforts of the North Atlantic Treaty objection to the request of the gen- Organization (NATO), spending an estimated rorism can wreak on a nation. 3 percent of its gross domestic product on de- tleman from New York? In closing, it is also important to fense, and is also an active participant in There was no objection. highlight the rich contributions that peacekeeping and peace-building operations b 1430 Greek immigrants and their descend- conducted by international organizations, ants have made to the United States; I including the United Nations, NATO, the Eu- Mr. CROWLEY. Madam Speaker, I know this firsthand, representing a ropean Union (EU), and the Organization for rise in strong support of this resolu- great number in the County of Queens, Security and Cooperation in Europe (OSCE); tion, and yield myself such time as Whereas in August 2004, the Olympic New York. For over a century, they may consume. have traveled across the ocean, bring- games came home to Athens, Greece, the Madam Speaker, I am delighted to land of their ancient birthplace 2,500 years ing their success to our shores, and in ago and the city of their modern revival in support this resolution marking the doing so serving as a bridge between 1896; 187th anniversary of Greek independ- our two nations. Today, some 5 million Whereas Greece received worldwide praise ence, and I would like to thank my Americans claim Greek ancestry. We for its extraordinary handling during the good friend and ranking member of the are grateful for the wisdom, energy, 2004 Olympics of over 14,000 athletes from 202 Foreign Affairs Committee, Represent- and talent they continue to bestow countries and over 2 million spectators and ative ROS-LEHTINEN, for her leadership journalists, which it did efficiently, securely, upon our great Nation. in ensuring that the House mark this Madam Speaker, I congratulate the and with its famous Greek hospitality; important date. The world owes the Whereas the unprecedented security effort Greek people on the 187th anniversary in Greece for the first summer Olympics Greeks a debt of gratitude for having of their independence from Ottoman after the attacks on the United States on developed the concept of democracy, rule. I ask my colleagues to join me in September 11, 2001, included a record-setting which has enabled so much of the world congratulating them on their tremen- expenditure of over $1,390,000,000 and assign- to live in peaceful prosperity. dous contributions to world civiliza- ment of over 70,000 security personnel, as The story of Greek independence re- tion and in celebrating the enduring well as the utilization of an eight-country mains a remarkable tale about the re- Greek-American friendship. Olympic Security Advisory Group that in- vival of an ancient and great people Madam Speaker, I reserve the bal- cluded the United States; through deep commitment, personal Whereas Greece, located in a region where ance of my time. Christianity meets Islam and Judaism, sacrifice, and an abiding love of free- Mr. MANZULLO. Madam Speaker, I maintains excellent relations with Muslim dom. Indeed, Western Civilization is yield myself such time as I may con- nations and Israel; deeply indebted to the Greek nation for sume. Whereas the Government of Greece has had its immense contributions in the fields I rise in support of House Resolution extraordinary success in recent years in fur- of science, medicine, philosophy and 1024. The Republic of Greece is an im- thering cross-cultural understanding and re- art, just to name a few. portant friend and ally of the United ducing tensions between Greece and Turkey, In 2004, the world celebrated this rich States. The links between Greece and as seen most recently with the January 2008 history and heritage as the Summer visit to Turkey by Greece’s Prime Minister the United States involve political phi- Kostas Karamanlis, the first official visit by Olympics came home to Greece. This losophy, values, a concrete alliance, a Greek Prime Minister in 49 years; beautiful Mediterranean country show- and important actions. Greece is the Whereas Greece and the United States are cased the best of its culture and hospi- birthplace of Western Civilization and at the forefront of the effort for freedom, de- tality. modern democracy, and it is from mocracy, peace, stability, and human rights; In modern times, Greece has re- Greece that our Founding Fathers drew Whereas those and similar ideals have mained one of the United States’ most so many important principles of gov- forged a close bond between Greece and the important and enduring allies. Greece ernment, law, and freedom. Today, our United States and their peoples; is one of the relatively few nations Whereas March 25, 2008, Greek Independ- two nations continue to share the val- ence Day, marks the 187th anniversary of the that stood shoulder-to-shoulder with ues that we hold dear: liberty, freedom, beginning of the revolution that freed the the United States in every major war and democracy. Greek people from the Ottoman Empire; and of the 20th century. The close links be- Greece and the United States have Whereas it is proper and desirable for the tween our countries increased after also stood together resolutely through- United States to celebrate this anniversary World War II as the Truman Doctrine out difficult times during the last cen- with the Greek people and to reaffirm the helped save Greece from communism, tury, particularly during the Second democratic principles from which these two while the Marshall Plan aided its eco- World War. Greece, in fact, is one of great nations were born: Now, therefore, be nomic regeneration. it the few nations that has supported When Greece joined NATO in 1952, it America in every major conflict over Resolved, That the House of Representa- formalized the deep mutual commit- tives— the past century. (1) extends warm congratulations and best ment that it shared with the Western After the end of World War II, Greece wishes to the people of Greece as they cele- world to safeguard freedom. After be- joined in a formal alliance with the brate the 187th anniversary of the independ- coming a member of the European United States, through NATO, and ence of Greece; Union in 1981, Greece further deepened went on to broaden its commitment to

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1465 democracy, freedom, and human rights mism. Greece paid an extraordinarily the world. It was proved to the world through its notable contributions to high price for their opposition to the that a united people through sheer will international peacekeeping and sta- Nazis, and we are forever grateful to and perseverance can prevail against bility missions. them. tyranny. Today, as America faces a complex Before World War II, half of the popu- The lessons the Greeks taught us array of threats posed by extremism lation of Salonika, Greece, around then continue to provide strength to around the world, Greece indeed re- 80,000 people, were Jewish. After the victims of persecution around the mains a valuable strategic partner. Nazis finished with Greece, there were world today. By honoring the Greek Most notably, Greece provided access only 1,000 Jews left in Salonika. The struggle for independence, we reaffirm to its airspace for American military reason 1,000 Jews survived is because the values and ideas that make our Na- aircraft en route to Iraq and allowed their Greek neighbors protected them, tion great. We also remember why free- our U.S. Navy ships to refuel in its saved them, hid them; and for that I dom is so important. ports. am grateful as well. In the history of the Greek war for Through its substantial economic in- Greece continues to be a top contrib- independence, there were many acts of vestment and aid to the Balkans, utor to NATO and a leader in the Bal- heroism. From Theodoros Koloko- Greece has also sought to play an im- kan region. The resolution before the tronis, the leader of the Klephts, who portant role as an agent of stability in House today extends our best wishes refused to submit to Ottoman domina- that important region, supplementing and congratulations to the people of tion, to the fiercely patriotic women of the efforts by the United States and Greece, whom we look to as our Suli, who, left alone, learned that the European Union to end the con- forebearers in democracy. I am proud Turkish troops were fast approaching flicts in that region. Recent efforts on to cosponsor this resolution, but I hope their village, they began to dance the the part of the Government of Greece it is our first word on our friendship Syrtos, a patriotic Greek dance. One by to deal constructively with its neigh- with Greece, and certainly not our last. one, they committed suicide by throw- bor Turkey on outstanding issues I urge this House and this adminis- ing themselves and their children off a where they have differences show hope tration to strengthen our relationship mountain top. They chose to die rather for ensuring future stability through- with Greece by including them in the than surrender and face slavery. out the Aegean Sea region, an outcome Visa Waiver Program. By designating There was also Athanasios Diakos, a legendary hero, a priest, a patriot, and the United States seeks as well. Greece as such, we will send not only a Madam Speaker, this resolution message of friendship, but a message of a soldier. In full knowledge of their notes that this year marks the 187th thanks to the Greek community, which fatal fate, he led 500 of his men in a no- anniversary of the beginning of the is so deserving of our friendship and table stand against 8,000 Ottoman sol- diers. Diakos’ men were wiped out and revolution that led to the independence our gratitude. They have met the cri- he fell into the enemy’s hands, where of Greece. There are approximately 1.3 teria to become a visa waiver country he was tortured before his death. He is million Americans of Greek descent and only await our approval on their the image of a Greek that gave all for living in the United States. A large application. love of faith and homeland. Long live number of Greek Americans live in On this anniversary, let us take con- his memory. crete action to strengthen our bond northern Illinois, particularly the Chi- Although many Greeks died, they with them and send a message of cago area. Greek Americans contribute were undeterred from their ultimate significantly as community leaders, thanks to our friends in Greece. goal. ‘‘Eleftheria I Thanatos,’’ liberty I reserve the balance of my time. entrepreneurs, and mentors for young or death, became their battle cry. children. The Greek Orthodox Church Mr. MANZULLO. I yield such time as These legends underscore Greece’s in the United States and important he may consume to the gentleman absolute commitment to independence. Greek community organizations are from Florida (Mr. BILIRAKIS). As we all know, the price of liberty can positive forces and should be recog- Mr. BILIRAKIS. Madam Speaker, I be very high, hundreds of thousands of nized also. thank the gentleman, and thank you, lives. Socrates, Plato, Pericles and So I welcome the opportunity af- Representative BERKLEY, for those many other great minds throughout forded by our consideration of this res- kind words on my grandparents’ coun- history warned that we maintain de- olution to point out the friendship and try. I am so proud of my Greek herit- mocracy only at a great cost. shared interests of our two countries. I age. Our Greek brothers earned their lib- congratulate the country and people of Madam Speaker, I rise today with erty with blood, as did our American Greece for the progress they have made great pride and in strong support of forefathers. The freedom we enjoy over the past 187 years, and I urge the House Resolution 1024, recognizing the today is due to the sacrifices made by adoption of this resolution. 187th anniversary of Greek independ- men and women in the past. I take Madam Speaker, I reserve the bal- ence and celebrating Greek and Amer- great pride in both, as I said, my Greek ance of my time. ican democracy. and American heritage. Each time I Mr. CROWLEY. Madam Speaker, I Like the American revolutionaries perform my constitutional duties, I am ask unanimous consent that the gen- who fought for independence and estab- doing so in the legacy of the ancient tlewoman from Nevada (Ms. BERKLEY) lished this great Republic we call the Greeks and our American forefathers. control the remaining portion of my land of the free and the home of the As Thomas Jefferson once said, ‘‘To time. brave, Greek freedom fighters began an the ancient Greeks we are all indebted The SPEAKER pro tempore. Is there arduous struggle to win independence for the light which led ourselves, objection to the request of the gen- for Greece and its people 187 years ago. American colonists, out of gothic dark- tleman from New York? When the Greeks began this glorious ness.’’ There was no objection. revolution after four centuries of Otto- We celebrate Greek independence to Ms. BERKLEY. Madam Speaker, I man oppression, they faced what ap- reaffirm the common democratic herit- yield myself 2 minutes. peared to be insurmountable odds. It age we share. And as Americans, we I thank the gentleman for yielding was David versus Goliath. must continue to pursue this spirit of and for giving me the opportunity to On March 25, 1821, Archbishop freedom and liberty that characterizes control the time on this issue. I rise Germanos of Patras raised the flag of both of these great nations. today not only as a friend of Greece, freedom and was the first to declare Ms. BERKLEY. Madam Speaker, it but also as a daughter of Greece. My Greece free. This day of rebellion was gives me great pleasure to yield 3 min- mother’s family immigrated from Sa- not chosen by chance. This holy day utes to my friend and neighbor, the lonika, Greece, and I am very proud of was dedicated to the Mother of God. To gentlewoman from New York (Mrs. my Greek-Jewish heritage. the Greeks of 1821, Theotokos was their MALONEY), the chairwoman of the Sub- Greece has been a strong ally of the champion, their savior, their protector. committee on Financial Institutions. United States, standing by us in our The revolution of 1821 brought inde- Mrs. MALONEY of New York. I struggles against , and now in pendence to Greece and emboldened thank my colleague and friend for the struggle against Islamic extre- those who still sought freedom across yielding and for her leadership.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1466 CONGRESSIONAL RECORD — HOUSE March 11, 2008 As an original cosponsor of this legis- Ms. BERKLEY. Madam Speaker, I freshman from Maryland (Mr. SAR- lation and co-Chair and founder of the yield 1 minute to the gentleman from BANES). Congressional Caucus on Hellenic New York (Mr. SIRES). Mr. SARBANES. Madam Speaker, it issues, I rise to celebrate the 187th an- Mr. SIRES. Madam Speaker, today I is my honor to rise today in recogni- niversary of Greece’s declaration of rise in strong support of House Resolu- tion of the 187th anniversary of Greek independence from the Ottoman Em- tion 1024, honoring the 187th anniver- independence. The Greek people have pire. sary of the independence of Greece. proven to be the greatest of allies to Against incredibly difficult odds, the March 25 marks the day the Greek peo- the United States over many decades. Greeks defeated one of the most power- ple were freed from the Ottoman Em- Today we have new opportunities to ful empires in history to win their pire and asserted their rights to govern demonstrate our support of Greece on independence. Following 400 years of themselves. key issues. Most immediate is the dis- Ottoman rule, in March 1821 Bishop The citizens of Greece and the United pute over the name of the former Yugo- Germanos raised the traditional Greek States share a long history of Demo- slav Republic of Macedonia. I urge the flag at the monastery of Agia Lavras, cratic ideals. The philosophical and po- administration to help us celebrate inciting his countrymen to rise up litical ideas of the ancient Greeks were Greek Independence Day by supporting against the Ottoman army. Bishop an inspiration to the Founders of our Greece’s position on this important Germanos’ message to his people was democracy. Showing our support for issue. Greece’s position makes sense clear: A new spirit was about to born in Greek independence reminds us how for NATO, it makes sense for the Greece. The following year, the Treaty important it is to continue defending United States, and it makes sense for of Constantinople established full inde- freedom around the world. We must peaceful international relations. pendence of Greece. also remember those individuals that New York City is home to the largest Mr. WEXLER. Madam Speaker, I rise in have fought on behalf of the freedom strong support of H. Res. 1024, a resolution Hellenic population outside of Greece we share. and Cyprus. Western Queens, which I expressing support for the 187th anniversary Greece is a friend and ally, and when of Greek independence. have the honor of representing, is often it comes to helping promote freedom called ‘‘Little Athens’’ because of the Madam Speaker, it was one year to the day and stability in their region and the that I joined my colleagues on the House large Hellenic population in that global community, I am pleased to neighborhood. Floor in paying tribute to one of America’s honor Greece today on its 187th anni- most important allies, Greece. It was my honor b 1445 versary, and I urge all my colleagues to at that time as it is today to pay tribute once New Yorkers celebrate Greek Inde- support this resolution. again to Greek Independence Day and to offer Mr. MANZULLO. Madam Speaker, I pendence Day with a parade down Fifth my unwavering support for US-Greece bilat- reserve the balance of my time. Avenue, along with many cultural eral relations. events. Ms. BERKLEY. Madam Speaker, I yield 1 minute to the gentlelady from As someone who cares deeply about the These events, hosted by the Federa- issues of importance to the Greek American tion of Hellenic Societies and other Massachusetts (Ms. TSONGAS). Ms. TSONGAS. Madam Speaker, I community, I believe this is an especially im- Hellenic and philhellenic organizations portant day—one that is a reminder of Amer- and friends, remind us of the strong rise today in strong support of this res- olution extending warm congratula- ica’s long and historic partnership with Greece Hellenic American community’s many but also a day to celebrate the countless con- strong contributions to our Nation’s tions and best wishes to the people of Greece as they celebrate the 187th an- tributions of the Greek American community to history and culture. Relations between this Nation. the U.S. and Greece remain strong with niversary of their independence. In January, I joined a congressional dele- From the Balkans to Afghanistan to the war a shared commitment to ensuring sta- on terrorism, Greece has been a staunch ally bility in southeastern Europe. I hope gation trip to Greece, Turkey, Kuwait, Iraq, and Afghanistan. of the United States and a leading advocate permanent solutions can be found for for democracy and the rule of law globally. To ending the division of Cyprus and find- I had not been in Greece in over 25 years, and it was wonderful to see how that end, it is critical over the coming weeks ing a mutually agreeable name for the that the United States works closely with our former Yugoslav Republic of Mac- far this most beautiful country has come in the last quarter century, as NATO ally Greece and with officials in Skopje edonia. to find a mutually-acceptable official name for We have over 110 cosponsors of my hosting the 2004 Summer Olympics in the former Yugoslav Republic of Macedonia. legislation, and with the upcoming Athens, Greece, made a tremendous in- NATO summit, the time is more impor- vestment in their infrastructure and I also strongly encourage the Bush adminis- tant than ever to find a solution to the cultivated new developments which tration to work with our partners in Athens to name dispute. have greatly enhanced their prosperity. resolve the longstanding division on Cyprus. It Additionally, I strongly support the My husband Paul’s family emigrated is in the interests of the United States, Euro- inclusion of Greece in the Visa Waiver from Greece to Lowell, Massachusetts, pean Union, Greece, Turkey as well as Greek Program, and I have legislation before when Paul’s father was 3 years old. His and Turkish Cypriots that we build on the re- this body on this issue. Greece is the father is emblematic of a vibrant cent election of President Christofias who only member of the original 15 Euro- Greek American community in Massa- boldly pledged to ‘‘extend a hand of friendship pean nations not to belong to the Visa chusetts and across the country whose and cooperation to the Turkish Cypriots and Waiver Program, and I was pleased contributions have helped our Nation their political leadership,’’ and to ‘‘invite them that the administration formally nomi- survive and thrive. to work together towards our common goal for nated Greece for the Visa Waiver Pro- The United States and Greece have the good of Cyprus and its people.’’ gram this September, and we will con- longstanding ties based on our common Madam Speaker, Greece is known as the tinue to monitor Greece’s progress. heritage, shared values and a mutual cradle of democracy. As Americans watch one I ask the Nation to join me in cele- commitment to freedom and democ- of the most exciting elections in modern his- brating Greece’s independence. Addi- racy. tory, it is a reminder of what Greece gave to tionally, it is my sincere pleasure to This measure rightly expresses the America and those nations seeking to perfect pay tribute to New York’s Hellenic House of Representatives’ support for their democracy and civic society. These American community for its many, the important role that Greece has ideals crafted by Greek philosophers and put many contributions to our city and our played in the wider region and in the into practice both in Washington, Athens and Nation. ‘‘Zeto E Eleftheria,’’ long live community of nations since gaining its globally have changed all of humankind. freedom. independence 187 years ago. As a member of Congress who proudly rep- May we join in celebrating Greece’s I urge my colleagues to support this resents a large Greek American community, I independence and its many contribu- resolution. am deeply pleased that we have this oppor- tions to our democracy through its Mr. MANZULLO. Madam Speaker, I tunity on the House Floor to discuss the con- form of government and its history. reserve the balance of my time. tributions of millions of Greek Americans and Mr. MANZULLO. Madam Speaker, I Ms. BERKLEY. Madam Speaker, I to pass a resolution that rightfully recognizes reserve the balance of my time. yield 1 minute to the outstanding five million extraordinary citizens.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1467 Madam Speaker, I congratulate the Greek and governed by various empires for cen- The SPEAKER pro tempore. Evi- people on the 187th anniversary of their inde- turies. On March 25, 1821, the Greek people dently a quorum is not present. pendence and strongly support this resolution. rose up against Ottoman oppression and de- The Sergeant at Arms will notify ab- Mr. VAN HOLLEN. Madam Speaker, I rise clared their independence. The Greeks later sent Members. today in support of H. Res. 1024, which cele- became the first ethnic group under the Otto- The vote was taken by electronic de- brates the 187th anniversary of the independ- man Empire to gain independent sovereign vice, and there were—yeas 5, nays 388, ence of Greece, one of our country’s closest power. not voting 35, as follows: and oldest allies. A longstanding member of America’s early Founding Fathers adopted [Roll No. 113] NATO, Greece has played a pivotal role in the the concept of federalism, an idea influenced YEAS—5 by the ancient Greek ‘‘city-state,’’ a small re- stability and development of the Balkans and Baird Gohmert Young (AK) the eastern Mediterranean region. It has in- gion ruled locally, but within the framework of Cleaver Johnson (IL) vested over $20 billion in the countries of the a larger cultural area. The United States has NAYS—388 region, contributing to the increasing economic been proud to stand with the people of Greece as they confronted oppression, solidified their Abercrombie Culberson Hoyer vitality of the area. Greece has also contrib- Ackerman Cummings Hulshof uted to peacekeeping operations that have democracy, and became part of the vibrant Aderholt Davis (AL) Hunter been sponsored by the United Nations, the European economy. Akin Davis (CA) Inglis (SC) European Union, and the Organization on Se- Both of our nations understand that even Alexander Davis (KY) Inslee Allen Davis, David Israel curity and Cooperation in Europe. In addition, after independence is gained, it must be care- Altmire Davis, Tom Issa it has closely collaborated with the United fully guarded. Brave citizens must be willing to Andrews Deal (GA) Jackson (IL) States in opposing and fighting terrorists and sacrifice their lives in order to protect liberty. Arcuri DeFazio Jackson-Lee Just as the U.S. and Greece have struggled to Baca DeGette (TX) terrorist networks. Bachmann Delahunt Jefferson Ancient Greece was the birthplace of de- survive after the initial moment of independ- Bachus DeLauro Johnson (GA) mocracy, and our country’s Founding Fathers ence was earned, we must continue to foster Baldwin Dent Johnson, E. B. took much of their inspiration from reading the the causes of freedom and democracy. Barrett (SC) Diaz-Balart, L. Johnson, Sam Again, I congratulate the Greek people on Barrow Diaz-Balart, M. Jones (NC) philosophers of that time and place as they Bartlett (MD) Dicks Jones (OH) created a fledgling new democracy here in the this historic celebration. This anniversary is a Barton (TX) Dingell Jordan late 18th century. A century later, many Greek time to remember the sacrifices of the past, to Becerra Doggett Kagen immigrants began to arrive at our shores, take pride in your nation, and to look ahead to Berkley Donnelly Kanjorski Berman Doolittle Keller bringing with them a steadfast determination a future of promise. Berry Doyle Kennedy to succeed in realizing the American Dream. Mr. MANZULLO. Madam Speaker, I Biggert Drake Kildee The Greek-American community, strengthened yield back the balance of my time. Bilbray Dreier Kind by new waves of immigration, has contributed Ms. BERKLEY. Madam Speaker, I Bilirakis Duncan King (IA) yield back the balance of my time. Bishop (GA) Edwards King (NY) to our society in numerous ways; many within Bishop (NY) Ehlers Kingston the community have become leaders in the The SPEAKER pro tempore. The Bishop (UT) Ellison Kirk field of commerce, academia, the arts, and question is on the motion offered by Blumenauer Ellsworth Klein (FL) the gentleman from New York (Mr. Blunt Emanuel Kline (MN) politics. They have also been instrumental in Boehner Emerson Knollenberg CROWLEY) that the House suspend the fostering close ties between the United States Bonner Engel Kucinich and Greece. As we celebrate the independ- rules and agree to the resolution, H. Bono Mack English (PA) Kuhl (NY) ence of Greece today, we also celebrate the Res. 1024, as amended. Boozman Eshoo LaHood The question was taken; and (two- Boren Etheridge Lamborn accomplishments of the vibrant Greek-Amer- thirds being in the affirmative) the Boswell Everett Lampson ican community. Boucher Fallin Langevin rules were suspended and the resolu- Mr. GENE GREEN of Texas. Madam Boustany Farr Larsen (WA) tion, as amended, was agreed to. Boyd (FL) Fattah Latham Speaker, I rise today to show my support for A motion to reconsider was laid on Boyda (KS) Feeney LaTourette H. Res. 1024. Brady (PA) Ferguson Latta the table. This resolution recognizes the 187th anni- Brady (TX) Filner Lee f Braley (IA) Flake Levin versary of the independence of Greece and Broun (GA) Forbes Lewis (CA) celebrates Greek and American democracy. PERMISSION FOR COMMITTEE ON Brown (SC) Fortenberry Lewis (GA) On March 25, 1821, Greece declared its FOREIGN AFFAIRS TO FILE SUP- Brown, Corrine Fossella Lewis (KY) independence from the Ottoman Empire, and PLEMENTAL REPORT ON H.R. Brown-Waite, Foxx Linder Ginny Frank (MA) Lipinski the United States and Greece have had a 5501, TOM LANTOS AND HENRY J. Buchanan Franks (AZ) LoBiondo longstanding relationship ever since. HYDE UNITED STATES GLOBAL Burgess Frelinghuysen Loebsack The Greek community is particularly active LEADERSHIP AGAINST HIV/AIDS, Burton (IN) Gallegly Lofgren, Zoe in our own country. Butterfield Gerlach Lowey TUBERCULOSIS, AND MALARIA Buyer Giffords Lucas Greece shares our democratic values and REAUTHORIZATION ACT OF 2008 Calvert Gillibrand Lungren, Daniel principles and has been an important ally to Ms. BERKLEY. Madam Speaker, I Camp (MI) Gonzalez E. Campbell (CA) Goode Lynch the United States, particularly since World War ask unanimous consent that the Com- I. Cannon Goodlatte Mack mittee on Foreign Affairs be author- Cantor Gordon Mahoney (FL) As the most senior EU and NATO country ized to file a supplemental report on Capps Granger Maloney (NY) in their region, they serve as a great role Capuano Graves Manzullo the bill H.R. 5501. model for democracy, stability, and security for Cardoza Green, Al Marchant The SPEAKER pro tempore. Is there Carnahan Green, Gene Marshall other countries in their region. objection to the request of the gentle- Carney Grijalva Matheson I look forward to continued bilateral relations woman from Nevada? Carter Gutierrez Matsui and friendship with Greece as we work to- There was no objection. Castle Hall (NY) McCarthy (CA) gether to address the issues in Southeast Eu- Castor Hall (TX) McCarthy (NY) f Chabot Hare McCaul (TX) rope. Chandler Harman McCollum (MN) Mr. GARRETT of New Jersey. Madam MOTION TO ADJOURN Clarke Hastings (FL) McCotter Speaker, as a member of the Congressional Mr. MANZULLO. Madam Speaker, I Clay Hastings (WA) McDermott Caucus on Hellenic Affairs, I am proud to con- Clyburn Hayes McGovern move that the House do now adjourn. Coble Heller McHenry gratulate the nation of Greece on the celebra- The SPEAKER pro tempore. The Cohen Hensarling McHugh tion of the 187th anniversary of independence. question is on the motion to adjourn. Cole (OK) Herger McIntyre Ancient Greece is commonly thought of as the The question was taken; and the Conaway Herseth Sandlin McKeon Conyers Higgins McMorris foundation for Western civilization. The Roman Speaker pro tempore announced that Costa Hill Rodgers Empire borrowed much from Greek culture, in- the noes appeared to have it. Costello Hinojosa McNulty cluding politics, philosophy, art, architecture, Mr. MANZULLO. Madam Speaker, I Courtney Hirono Meek (FL) and language; and subsequently spread these object to the vote on the ground that a Cramer Hobson Melancon Crenshaw Hodes Mica ideas throughout Europe. quorum is not present and make the Crowley Hoekstra Michaud However, the country often thought of as point of order that a quorum is not Cubin Holt Miller (FL) the ‘‘Cradle of Democracy’’ was conquered present. Cuellar Honda Miller (MI)

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1468 CONGRESSIONAL RECORD — HOUSE March 11, 2008 Miller (NC) Richardson Stark GENERATIONS INVIGORATING VOL- Sec. 1505. Team leaders. Miller, Gary Rodriguez Stearns UNTEERISM AND EDUCATION Sec. 1506. Training. Miller, George Rogers (AL) Stupak ACT Sec. 1507. Consultation with State Commis- Mollohan Rogers (KY) Sullivan sions. Moore (KS) Rogers (MI) Sutton Moore (WI) Rohrabacher Mr. GEORGE MILLER of California. Sec. 1508. Authorized benefits for Corps Tancredo Mr. Speaker, I move to suspend the members. Moran (KS) Roskam Tanner Moran (VA) Ross Tauscher rules and pass the bill (H.R. 5563) to re- Sec. 1509. Permanent cadre. Murphy (CT) Rothman Taylor authorize and reform the national serv- Sec. 1510. Contract and grant authority. Murphy, Patrick Roybal-Allard Terry Sec. 1511. Other departments. Murphy, Tim Royce ice laws. Thompson (CA) Sec. 1512. Advisory Board. Murtha Ruppersberger The Clerk read the title of the bill. Thornberry Sec. 1513. Annual evaluation. Musgrave Ryan (OH) The text of the bill is as follows: Myrick Ryan (WI) Tiahrt Sec. 1514. Repeal of funding limitation. Nadler Salazar Tiberi H.R. 5563 Sec. 1515. Definitions. Napolitano Sali Tierney Be it enacted by the Senate and House of Rep- Sec. 1516. Terminology. Neal (MA) Sa´ nchez, Linda Towns resentatives of the United States of America in Subtitle F—Amendments to Subtitle F Tsongas Neugebauer T. Congress assembled, (Administrative Provisions) Nunes Sanchez, Loretta Turner Obey Sarbanes Udall (NM) SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 1601. Family and medical leave. Olver Saxton Upton (a) SHORT TITLE.—This Act may be cited as Sec. 1602. Additional prohibitions on use of Ortiz Schakowsky Van Hollen the ‘‘Generations Invigorating Volunteerism funds. Pallone Schiff Visclosky and Education Act’’ or the ‘‘GIVE Act’’. Sec. 1603. Notice, hearing, and grievance Pascrell Schmidt Walberg (b) TABLE OF CONTENTS.—The table of con- procedures. Pastor Schwartz Walden (OR) tents for this Act is as follows: Sec. 1604. Resolution of displacement com- Paul Scott (GA) Walsh (NY) plaints. Payne Scott (VA) Walz (MN) Sec. 1. Short title; table of contents. Sec. 1605. State Commissions on National Pearce Sensenbrenner Wamp TITLE I—AMENDMENTS TO NATIONAL and Community Service. Perlmutter Serrano Wasserman AND COMMUNITY SERVICE ACT OF 1990 Peterson (MN) Sessions Schultz Sec. 1606. Evaluation and accountability. Petri Sestak Waters Sec. 1001. References. Sec. 1607. Technical amendment. Pickering Shadegg Watson Subtitle A—Amendments to Subtitle A Sec. 1608. Partnerships with schools. Pitts Shays Watt (General Provisions) Sec. 1609. Rights of access, examination, and Platts Sherman Waxman Poe Shimkus Sec. 1101. Purposes; sense of Congress. copying. Weiner Pomeroy Shuler Sec. 1102. Definitions. Sec. 1610. Additional administrative provi- Welch (VT) Porter Shuster sions. Weller Subtitle B—Amendments to Subtitle B Price (GA) Simpson Westmoreland (Service-Learning) Subtitle G—Amendments to Subtitle G (Cor- Price (NC) Sires poration for National and Community Putnam Skelton Wexler Sec. 1201. School-based allotments. Service) Radanovich Slaughter Whitfield (KY) Sec. 1202. Higher education provisions. Rahall Smith (NE) Wilson (NM) Sec. 1203. Innovative programs and research. Sec. 1701. Terms of office. Ramstad Smith (NJ) Wilson (OH) Subtitle C—Amendments to Subtitle C Sec. 1702. Board of Directors authorities and Regula Smith (TX) Wilson (SC) duties. Wittman (VA) (National Service Trust Program) Rehberg Smith (WA) Sec. 1703. Authorities and duties of the Chief Reichert Snyder Wolf Sec. 1301. Prohibition on grants to Federal Renzi Solis Wu Executive Officer. agencies; limits on Corporation Sec. 1704. Nonvoting members; personal Reyes Space Yarmuth costs. Reynolds Spratt Young (FL) services contracts. Sec. 1302. E–Corps and technical amend- Sec. 1705. Donated services. NOT VOTING—35 ments to types of programs. Sec. 1706. Office of Outreach and Recruit- Bean Kaptur Rangel Sec. 1303. Types of positions. ment. Blackburn Kilpatrick Ros-Lehtinen Sec. 1304. Conforming repeal relating to Sec. 1707. Study to examine and increase Capito Larson (CT) Rush training and technical assist- service programs for veterans Cooper Markey Shea-Porter ance. Davis (IL) McCrery and veterans participation in Souder Sec. 1305. Assistance to State Commissions; programs under the national Davis, Lincoln McNerney Thompson (MS) challenge grants. service laws and to develop Garrett (NJ) Meeks (NY) Udall (CO) Sec. 1306. Allocation of assistance to States Gilchrest Mitchell Vela´ zquez pilot program. Gingrey Oberstar and other eligible entities. Weldon (FL) Sec. 1708. Coordination with veterans orga- Hinchey Pence Sec. 1307. Additional authority. Woolsey nizations serving veterans with Holden Peterson (PA) Sec. 1308. State selection of programs. Wynn disabilities. Hooley Pryce (OH) Sec. 1308A. National service program assist- Sec. 1709. Study to examine and increase ance requirements. service programs for displaced Sec. 1309. Consideration of applications. b 1517 workers in services corps and Sec. 1310. Description of participants. community service and to de- Mr. BRADY of , Mrs. Sec. 1311. Selection of national service par- velop pilot program planning CUBIN and Messrs. LEWIS of Georgia, ticipants. study. VISCLOSKY, MEEK of Florida, and Sec. 1312. Terms of service. MAHONEY of Florida changed their Sec. 1313. Adjustments to living allowance. Subtitle H—Amendments to Subtitle H vote from ‘‘yea’’ to ‘‘nay.’’ Subtitle D—Amendments to Subtitle D (Na- Sec. 1801. Technical amendments to subtitle So the motion to adjourn was re- tional Service Trust and Provision of Na- H. jected. tional Service Educational Awards) Sec. 1802. Repeals. Sec. 1803. Innovative and model program The result of the vote was announced Sec. 1401. Availability of funds in the Na- support. tional Service Trust. as above recorded. Sec. 1804. Clearinghouses. Sec. 1402. Individuals eligible to receive a f national service educational Subtitle I—Energy Conservation Corps award from the Trust. Sec. 1811. General authority. FURTHER MESSAGE FROM THE Sec. 1403. Determination of the amount of Sec. 1812. Application. SENATE national service educational Sec. 1813. Focus of programs. awards. Sec. 1814. Training and education services. A further message from the Senate Sec. 1404. Disbursement of educational Sec. 1815. Preference for certain projects. by Ms. Byrd, one of its clerks, an- awards. Sec. 1816. Participants. nounced that the Senate has agreed to Sec. 1405. Process of approval of national Sec. 1817. Use of volunteers. a concurrent resolution of the fol- service positions. Sec. 1818. Cooperation among States for lowing title in which the concurrence Sec. 1406. Report on veterans serving in ap- emergency response. of the House is requested: proved national service posi- Sec. 1819. Federal share. tions. Sec. 1820. Best practices. H. Con. Res. 313. Concurrent Resolution au- Sec. 1820A. Authorization of appropriations. thorizing the use of the rotunda of the Cap- Subtitle E—Amendments to Subtitle E Sec. 1820B. Learn and Serve America. itol for a ceremony to honor the 5 years of (National Civilian Community Corps) Sec. 1820C. National Senior Service Corps. service and sacrifice of our troops and their Sec. 1501. Purpose. families in the war in Iraq and to remember Sec. 1502. Program components. Subtitle J—Training and Technical those who are serving our Nation in Afghani- Sec. 1503. Eligible participants. Assistance stan and throughout the world. Sec. 1504. Summer national service program. Sec. 1821. Training and technical assistance.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0655 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1469 Subtitle K—Repeal of Title III (Points of TITLE I—AMENDMENTS TO NATIONAL position’ means a position in a program de- Light Foundation) AND COMMUNITY SERVICE ACT OF 1990 scribed under section 118(c)(8) for which the Sec. 1831. Repeal. SEC. 1001. REFERENCES. Corporation has approved the provision of a summer of service educational award as one Subtitle L—Amendments to Title V Except as otherwise specifically provided, of the benefits to be provided for successful (Authorization of Appropriations) whenever in this title an amendment or re- peal is expressed in terms of an amendment service in the position. Sec. 1841. Authorization of appropriations. to, or repeal of, a provision, the reference ‘‘(4) BABY BOOM GENERATION.—The term TITLE II—AMENDMENTS TO THE DOMES- shall be considered to be made to a provision ‘Baby Boom generation’ means the genera- TIC VOLUNTEER SERVICE ACT OF 1973 of the National and Community Service Act tion that consists of individuals born during Sec. 2001. References. of 1990 (42 U.S.C. 12501 et seq.). the period beginning with 1946 and ending with 1964.’’; Subtitle A—Amendments to Title I (National Subtitle A—Amendments to Subtitle A (General Provisions) (3) in paragraph (5) (as so redesignated), by Volunteer Antipoverty Programs) striking ‘‘described in section 122’’; Sec. 2101. Purpose. SEC. 1101. PURPOSES; SENSE OF CONGRESS. (4) in paragraph (7) (as so redesignated), by (a) PURPOSES.—Section 2(b) (42 U.S.C. Sec. 2102. Purpose of the VISTA program. striking ‘‘church or other’’; 12501(b)) is amended— Sec. 2103. Applications. (5) by inserting after paragraph (8) (as so (1) in paragraph (2), by striking ‘‘commu- Sec. 2104. VISTA programs of national sig- redesignated) the following: nity throughout’’ and inserting ‘‘community nificance. ‘‘(9) DISADVANTAGED YOUTH.—The term and service throughout the varied and di- Sec. 2105. Terms and periods of service. ‘disadvantaged youth’ includes those youth Sec. 2106. Support Service. verse communities of’’; who are economically disadvantaged and one Sec. 2107. Sections repealed. (2) in paragraph (4), by inserting after ‘‘in- or more of the following: Sec. 2108. Conforming amendment. come,’’ the following: ‘‘geographic loca- ‘‘(A) Who are out-of-school youth, includ- Sec. 2109. Financial assistance. tion,’’; ing out-of-school youth who are unemployed. (3) in paragraph (6), by inserting after ‘‘ex- ‘‘(B) Who are in or aging out of foster care. Subtitle B—Amendments to Title II isting’’ the following: ‘‘national’’; (National Senior Volunteer Corps) ‘‘(C) Who have limited English proficiency. (4) in paragraph (7)— ‘‘(D) Who are homeless or who have run Sec. 2201. Change in name. (A) by striking ‘‘programs and agencies’’ away from home. Sec. 2202. Purpose. and inserting ‘‘programs, agencies, and com- ‘‘(E) Who are at-risk to leave school with- Sec. 2203. Grants and contracts for volunteer munities’’; and out a diploma. service projects. (B) by striking ‘‘and’’ at the end; ‘‘(F) Who are former juvenile offenders or Sec. 2204. Foster Grandparent Program (5) in paragraph (8), by striking the period at risk of delinquency.’’; grants. and inserting a semicolon; and (6) by inserting after paragraph (11) (as so Sec. 2205. Senior Companion Program (6) by adding at the end the following: redesignated) the following: grants. ‘‘(9) expand and strengthen service-learn- ‘‘(12) GRANTMAKING ENTITY.—The term Sec. 2206. Promotion of National Senior ing programs through year-round opportuni- ‘grantmaking entity’ means a public or pri- Service Corps. ties, including during the summer months, vate nonprofit organization that— Sec. 2207. Technical amendments. to improve the education of children and ‘‘(A) has experience with service-learning Sec. 2208. Programs of national significance. youth and to maximize the benefits of na- or with meeting unmet human, educational, Sec. 2209. Additional provisions. tional and community service, in order to environmental, or public safety needs; Sec. 2210. Authority of Director. renew the ethic of civic responsibility and ‘‘(B) was in existence at least one year be- Subtitle C—Amendments to Title IV the spirit of community to children and fore the date on which the organization sub- (Administration and Coordination) youth throughout the United States; mitted an application under the national Sec. 2301. Nondisplacement. ‘‘(10) assist in coordinating and strength- service laws; and Sec. 2302. Notice and hearing procedures. ening Federal and other citizen service op- ‘‘(C) meets other such criteria as the Chief Sec. 2303. Definitions. portunities, including opportunities for par- Executive Officer may establish. Sec. 2304. Protection against improper use. ticipation in emergency and disaster pre- ‘‘(13) HISPANIC-SERVING INSTITUTION.—The paredness, relief, and recovery; term ‘Hispanic-serving institution’ has the Subtitle D—Amendments to Title V ‘‘(11) increase service opportunities for our meaning given the term in section 502(a) of (Authorization of Appropriations) Nation’s retiring professionals, including the Higher Education Act of 1965 (20 U.S.C. Sec. 2401. Authorization of appropriations such opportunities for those retiring from 1101a(a)). for VISTA and other purposes. the science, technical, engineering, and ‘‘(14) HISTORICALLY BLACK COLLEGE OR UNI- Sec. 2402. Authorization of appropriations mathematics professions to improve the edu- VERSITY.—The term ‘historically black col- for National Senior Service cation of our Nation’s youth and keep Amer- lege or university’ means a part B institu- Corps. ica competitive in the global knowledge tion, as defined in section 322 of the Higher Sec. 2403. Administration and coordination. economy, and to further utilize the experi- Education Act of 1965 (20 U.S.C. 1101a(a)).’’; TITLE III—AMENDMENTS TO OTHER ence, knowledge, and skills of older Ameri- (7) in paragraph (19) (as so redesignated), LAWS cans; by striking ‘‘section 101(a) of the Higher Education Act of 1965’’ and inserting ‘‘sec- Sec. 3101. Inspector General Act of 1978. ‘‘(12) encourage the continued service of the alumni of the national service programs, tions 101(a) and 102(a)(1) of the Higher Edu- TITLE IV—TECHNICAL AMENDMENTS TO including service in times of national need; cation Act of 1965’’; TABLES OF CONTENTS and (8) in paragraph (23)(B) (as so redesig- Sec. 4101. Table of contents for the National ‘‘(13) encourage members of the Baby Boom nated), by striking ‘‘program in which the and Community Service Act of generation to partake in service opportuni- participant is enrolled’’ and inserting ‘‘orga- 1990. ties.’’. nization receiving assistance under the na- Sec. 4102. Table of contents for the Domestic (b) SENSE OF CONGRESS.—The Act is amend- tional service laws through which the partic- Volunteer Service Act of 1973. ed by inserting after section 2 the following: ipant is enrolled in an approved national TITLE V—EFFECTIVE DATE ‘‘SEC. 3. SENSE OF CONGRESS. service position’’; ‘‘It is the sense of Congress that the num- (9) by inserting after paragraph (26) (as so Sec. 5101. Effective date. ber of participants in the AmeriCorps pro- redesignated) the following: Sec. 5102. Service assignments and agree- grams, including the Volunteers in Service ‘‘(27) QUALIFIED ORGANIZATION.—The term ments. to America (VISTA) and the National Civil- ‘qualified organization’ means a public or TITLE VI—CONGRESSIONAL COMMISSION ian Community Corps (NCCC), should grow private nonprofit organization with experi- ON CIVIC SERVICE to reach 100,000 participants by 2012.’’. ence working with school-age youth that Sec. 6101. Short title. SEC. 1102. DEFINITIONS. meets such criteria as the Chief Executive Sec. 6102. Findings. Section 101 (42 U.S.C. 12511) is amended— Officer may establish.’’; Sec. 6103. Establishment. (1) by redesignating— (10) in paragraph (28)(B) (as so redesig- Sec. 6104. Duties. (A) paragraphs (21) through (29) as para- nated)— Sec. 6105. Membership. graphs (28) through (36), respectively; (A) by striking ‘‘602’’ and inserting Sec. 6106. Director and Staff of Commission; (B) paragraphs (9) through (20) as para- ‘‘602(3)’’; and Experts and Consultants. graphs (15) through (26), respectively; (B) by striking ‘‘1401’’ and inserting Sec. 6107. Powers of Commission. (C) paragraphs (7) and (8) as paragraphs (10) ‘‘1401(3)’’; and Sec. 6108. Reports. and (11), respectively; and (11) by adding at the end the following: Sec. 6109. Termination. (D) paragraphs (3) through (6) as para- ‘‘(37) TRIBALLY CONTROLLED COLLEGE OR TITLE VII—SENSE OF CONGRESS graphs (5) through (8), respectively; UNIVERSITY.—The term ‘tribally controlled (2) by inserting after paragraph (2) the fol- college or university’ has the meaning given Sec. 7101. Sense of Congress. lowing: in section 2 of the Tribally Controlled Col- TITLE VIII—SENSE OF CONGRESS ‘‘(3) APPROVED SUMMER OF SERVICE POSI- lege or University Assistance Act of 1978 (25 Sec. 8101. Sense of Congress. TION.—The term ‘approved summer of service U.S.C. 1801).’’.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1470 CONGRESSIONAL RECORD — HOUSE March 11, 2008

Subtitle B—Amendments to Subtitle B educational agencies, Territories, and Indian ‘‘(d) RELATED EXPENSES.—An entity that (Service-Learning) tribes of Federal funds made available under receives financial assistance under this part SEC. 1201. SCHOOL-BASED ALLOTMENTS. this part to local educational agencies and may, in carrying out the activities described Part I of subtitle B of title I (42 U.S.C. Indian tribes, which planning may include in subsection (a), use such assistance to pay 12521 et seq.) is amended to read as follows: paying for the cost of— for the Federal share of reasonable costs re- ‘‘PART I—PROGRAMS FOR ELEMENTARY ‘‘(A) the salaries and benefits of service- lated to the supervision of participants, pro- AND SECONDARY STUDENTS learning coordinators; or gram administration, transportation, insur- ‘‘(B) the recruitment, training, super- ance, and evaluations and for other reason- ‘‘SEC. 111. ASSISTANCE TO STATES, TERRITORIES, able expenses related to the activities. AND INDIAN TRIBES. vision, and placement of service-learning co- ‘‘SEC. 112. ALLOTMENTS. ‘‘(a) ALLOTMENTS TO STATES, TERRITORIES, ordinators who may be participants in a pro- ‘‘(a) INDIAN TRIBES AND TERRITORIES.—Of AND INDIAN TRIBES.—The Corporation, in gram under subtitle C or receive a national consultation with the Secretary of Edu- service educational award under subtitle D, the amounts appropriated to carry out this cation, may make allotments to State edu- who may be participants in a project under part for any fiscal year, the Corporation cational agencies, Territories, and Indian section 201 of the Domestic Volunteer Serv- shall reserve an amount of not less than 2 tribes to pay for the Federal share of— ice Act of 1973 (42 U.S.C. 5001), or who may percent and not more than 3 percent for pay- ‘‘(1) planning and building the capacity participate in a Youthbuild program under ments to Indian tribes, the United States within the State, Territory, or Indian tribe section 173A of the Workforce Investment Virgin Islands, Guam, American Samoa, and to implement service-learning programs that Act of 1998 (29 U.S.C. 2918a), the Commonwealth of the Northern Mariana are based principally in elementary and sec- who will identify the community partners Islands, to be allotted in accordance with ondary schools, including— described in paragraph (2)(B) and assist in their respective needs. ‘‘(b) ALLOTMENTS THROUGH STATES.—After ‘‘(A) providing training for teachers, super- the design and implementation of a program reserving the amount under subsection (a), visors, personnel from community-based described in paragraph (2); and the Corporation shall use the remainder of agencies (particularly with regard to the re- ‘‘(4) implementing, operating, or expanding the funds appropriated to carry out this part cruitment, utilization, and management of school-based service-learning programs to for any fiscal year as follows: participants), and trainers, to be conducted utilize adult volunteers in service-learning ‘‘(1) ALLOTMENTS.— by qualified individuals or organizations to improve the education of students, ‘‘(A) SCHOOL-AGE YOUTH.—From 50 percent that have experience with service-learning; through distribution by State educational of such remainder, the Corporation shall ‘‘(B) developing service-learning curricula, agencies, Territories, and Indian tribes of allot to each State an amount that bears the consistent with State or local academic con- Federal funds made available under this part same ratio to 50 percent of such remainder as tent standards, to be integrated into aca- to— the number of school-age youth in the State demic programs, including an age-appro- ‘‘(A) local educational agencies; bears to the total number of school-age priate learning component that provides par- ‘‘(B) Indian tribes (except that an Indian youth of all States. ticipants an opportunity to analyze and tribe distributing funds under this paragraph ‘‘(B) ALLOCATION UNDER ELEMENTARY AND apply their service experiences; is not eligible to be a recipient of those SECONDARY EDUCATION ACT OF 1965.—From 50 ‘‘(C) forming local partnerships described funds); percent of such remainder, the Corporation in paragraph (2) or (4) to develop school- ‘‘(C) public or private nonprofit organiza- shall allot to each State an amount that based service-learning programs in accord- tions; or bears the same ratio to 50 percent of such re- ance with this part; ‘‘(D) partnerships or combinations of local mainder as the allocation to the State for ‘‘(D) devising appropriate methods for re- educational agencies and entities described the previous fiscal year under title I of the search and evaluation of the educational in subparagraph (B) or (C). Elementary and Secondary Education Act of ROGRAMS TO ENCOURAGE CIVIC EN- value of service-learning and the effect of ‘‘(b) P 1965 (20 U.S.C. 6311 et seq.) or its successor GAGEMENT IN SERVICE LEARNING.— service-learning activities on communities; authority bears to such allocations to all ‘‘(1) IN GENERAL.—From funds appropriated ‘‘(E) establishing effective outreach and States. dissemination of information to ensure the under section 501(a)(1), and without regard to ‘‘(2) DEFINITION.—Notwithstanding section broadest possible involvement of commu- section 112(b), the Corporation shall reserve 101, for purposes of this subsection, the term nity-based agencies with demonstrated effec- up to 3 percent for competitive grants to ‘State’ means each of the several States, the tiveness in working with school-age youth in partnerships described in subsection (a)(2) District of Columbia, and the Common- their communities; and for the development of service-learning pro- wealth of Puerto Rico. ‘‘(F) establishing effective outreach and grams that promote greater civic engage- ‘‘(c) REALLOTMENT.—If the Corporation de- dissemination of information to ensure the ment among elementary and secondary termines that the allotment of a State, Ter- broadest possible participation of schools school students. ritory, or Indian tribe under this section will throughout the State, with particular atten- ‘‘(2) APPLICATION.—To be eligible to receive not be required for a fiscal year because the tion to schools identified for school improve- a grant under this subsection, a partnership State, Territory, or Indian tribe did not sub- ment under title I of the Elementary and shall submit an application at such time, in mit and receive approval of an application Secondary Education Act of 1965 (20 U.S.C. such manner, and containing such informa- for the allotment under section 113, the Cor- 6301 et seq.); tion as the Corporation may require. poration shall make the allotment for such ‘‘(2) implementing, operating, or expanding ‘‘(3) ACTIVITIES.—Partnerships receiving State, Territory, or Indian tribe available for school-based service-learning programs, grants under this subsection shall use funds grants to grantmaking entities to carry out which may include paying for the cost of the to develop service-learning curricula that— service-learning programs as described in recruitment, training, supervision, place- ‘‘(A) promote a better understanding of the section 111(a) in such State, Territory, or In- ment, salaries, and benefits of service-learn- principles of the Constitution of the United dian tribe. After grantmaking entities apply ing coordinators, through distribution of States, the heroes of American history (in- for the allotment with an application at such Federal funds by State educational agencies, cluding military heroes), and the meaning of time and in such manner as the Corporation Territories, and Indian tribes made available the Oath of Allegiance; requires and receive approval, the remainder under this part to projects operated by local ‘‘(B) promote a better understanding of of such allotment shall be available for real- partnerships among— how the Nation’s government functions; and lotment to such other States, Territories, or ‘‘(A) local educational agencies; and ‘‘(C) promote a better understanding of the Indian tribes with approved applications sub- ‘‘(B) 1 or more community partners that— importance of service in the Nation’s char- mitted under section 113 as the Corporation ‘‘(i) shall include a public or private non- acter. may determine to be appropriate. profit organization that— ‘‘(c) DUTIES OF SERVICE-LEARNING COORDI- ‘‘(d) MINIMUM AMOUNT.—For any fiscal year ‘‘(I) has a demonstrated expertise in the NATOR.—A service-learning coordinator re- for which amounts appropriated for this part provision of services to meet unmet human, ferred to in paragraph (2), (3), or (5) of sub- exceed $43,000,000, the minimum allotment to education, environmental, or public safety section (a) shall provide services that may each State (as defined in section 112(b)(2)) needs; include— under this section shall be $65,000. ‘‘(II) will make projects available for par- ‘‘(1) providing technical assistance and in- ‘‘SEC. 113. APPLICATIONS. ticipants, who shall be students; and formation to, and facilitating the training ‘‘(a) IN GENERAL.—To be eligible to receive ‘‘(III) was in existence at least 1 year be- of, teachers and assisting in the planning, an allotment under section 112, a State, act- fore the date on which the organization sub- development, execution, and evaluation of ing through the State educational agency, mitted an application under section 113; and service-learning in their classrooms; Territory, or Indian tribe shall prepare, sub- ‘‘(ii) may include a private for-profit busi- ‘‘(2) assisting local partnerships described mit to the Corporation, and obtain approval ness, private elementary or secondary in subsection (a) in the planning, develop- of, an application at such time and in such school, or Indian tribe (except that an Indian ment, and execution of service-learning manner as the Chief Executive Officer may tribe distributing funds to a project under projects, including summer of service pro- reasonably require. this paragraph is not eligible to be part of grams; and ‘‘(b) CONTENTS.—An application for an al- the partnership operating that project); ‘‘(3) carrying out such other duties as the lotment under this part shall include— ‘‘(3) planning of school-based service-learn- recipient of assistance under this part may ‘‘(1) a proposal for a 3-year plan promoting ing programs, through distribution by State determine to be appropriate. service-learning, which shall contain such

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1471 information as the Chief Executive Officer grams, as well as other criteria approved by ‘‘SEC. 117. LIMITATIONS ON USES OF FUNDS. may reasonably require, including how the the Chief Executive Officer. ‘‘Not more than 6 percent of the amount of applicant will integrate service opportuni- ‘‘(b) REJECTION OF APPLICATIONS.—If the assistance received by an applicant in a fis- ties into the academic program of the par- Corporation rejects an application submitted cal year may be used to pay, in accordance ticipants; by a State, Territory, or Indian tribe under with such standards as the Corporation may ‘‘(2) information about the criteria the section 113 for an allotment, the Corporation issue, for administrative costs, incurred by— State educational agency, Territory, or In- shall promptly notify the State, Territory, ‘‘(1) the original recipient; or dian tribe will use to evaluate and grant ap- or Indian tribe of the reasons for the rejec- ‘‘(2) the entity carrying out the service- proval to applications submitted under sub- tion of the application. The Corporation learning program supported with the assist- section (c), including an assurance that the shall provide the State, Territory, or Indian ance.’’. State educational agency, Territory, or In- tribe with a reasonable opportunity to revise SEC. 1202. HIGHER EDUCATION PROVISIONS. dian tribe will comply with the requirement and resubmit the application and shall pro- Section 119 (42 U.S.C. 12561) is redesignated in section 114(a); vide technical assistance, if needed, to the as section 117 and amended— ‘‘(3) information about the applicant’s ef- State, Territory, or Indian tribe as part of (1) in subsection (a), by inserting after forts to— the resubmission process. The Corporation ‘‘community service programs’’ the fol- ‘‘(A) ensure that students of different ages, shall promptly reconsider such resubmitted lowing: ‘‘through service-learning’’; races, sexes, ethnic groups, disabilities, and application. (2) in subsection (b)— economic backgrounds have opportunities to ‘‘SEC. 115. PARTICIPATION OF STUDENTS AND (A) in the matter preceding paragraph (1), serve together; TEACHERS FROM PRIVATE by striking ‘‘combination’’ and inserting ‘‘(B) include any opportunities for students SCHOOLS. ‘‘consortia’’; ‘‘(a) IN GENERAL.—To the extent consistent enrolled in schools or other programs of edu- (B) in paragraph (1)— with the number of students in the State, cation providing elementary or secondary (i) in subparagraph (A), by striking ‘‘and’’ Territory, or Indian tribe or in the school education to participate in service-learning at the end; district of the local educational agency in- programs and ensure that such service-learn- (ii) in subparagraph (B), by adding ‘‘and’’ volved who are enrolled in private nonprofit ing programs include opportunities for such at the end; and elementary and secondary schools, such students to serve together; (iii) by adding at the end the following: State, Territory, Indian tribe, or agency ‘‘(C) involve participants in the design and ‘‘(C) may coordinate with service-learning shall (after consultation with appropriate operation of the program; curricula being offered in the academic cur- private school representatives) make provi- ‘‘(D) promote service-learning in areas of ricula at the institution of higher education sion— greatest need, including low-income or rural or at one or more members of the con- ‘‘(1) for the inclusion of services and ar- areas; and sortia;’’; rangements for the benefit of such students ‘‘(E) otherwise integrate service opportuni- (3) in subsection (b)(3)— so as to allow for the equitable participation ties into the academic program of the par- (A) in the matter preceding subparagraph of such students in the programs imple- ticipants; and (A), by striking ‘‘teachers at the elementary, mented to carry out the objectives and pro- ‘‘(4) assurances that the applicant will secondary, and postsecondary levels’’ and in- vide the benefits described in this part; and comply with the nonduplication and non- serting ‘‘institutions of higher education and ‘‘(2) for the training of the teachers of such displacement requirements of section 177 and their faculty’’; students so as to allow for the equitable par- the grievance procedures required by section (B) in subparagraph (A), by striking ‘‘edu- ticipation of such teachers in the programs 176. cation of the institution; and’’ and inserting implemented to carry out the objectives and ‘‘(c) APPLICATION TO STATE, TERRITORY, OR ‘‘curricula of the institution to strengthen provide the benefits described in this part. INDIAN TRIBE TO RECEIVE ASSISTANCE TO the instructional capacity of service-learn- ‘‘(b) WAIVER.—If a State, Territory, Indian CARRY OUT SCHOOL-BASED SERVICE-LEARNING ing at the elementary and secondary lev- tribe, or local educational agency is prohib- PROGRAMS.— els;’’; ited by law from providing for the participa- ‘‘(1) IN GENERAL.—Any— (C) by redesignating subparagraph (B) as tion of students or teachers from private ‘‘(A) qualified organization, Indian tribe, subparagraph (E); and nonprofit schools as required by subsection Territory, local educational agency, for-prof- (D) by inserting after subparagraph (A) the (a), or if the Corporation determines that a it business, private elementary, middle, or following: State, Territory, Indian tribe, or local edu- secondary school, or institution of higher ‘‘(B) including service-learning as a key cational agency substantially fails or is un- education that desires to receive financial component of the health professionals cur- willing to provide for such participation on assistance under this subpart from a State, ricula, including nursing, pre-medicine, med- an equitable basis, the Chief Executive Offi- Territory, or Indian tribe for an activity de- icine, and dentistry curricula of the institu- cer shall waive such requirements and shall scribed in section 111(a)(1); tion; arrange for the provision of services to such ‘‘(B) partnership described in section ‘‘(C) including service-learning as a key students and teachers. Such waivers shall be 111(a)(2) that desires to receive such assist- component of the criminal justice profes- subject to the requirements of sections 9503 ance from a State, Territory, or Indian tribe sionals curricula of the institution; and 9504 of the Elementary and Secondary or grantmaking entity described in section ‘‘(D) including service-learning as a key Education Act of 1965 (20 U.S.C. 7883 and 111(a)(2); component of the public policy and public 7884). ‘‘(C) entity described in section 111(a)(3) administration curricula of the institution; that desires to receive such assistance from ‘‘SEC. 116. FEDERAL, STATE, AND LOCAL CON- and’’; TRIBUTIONS. a State, Territory, or Indian tribe for an ac- (4) by striking subsections (c), (d), (e), and ‘‘(a) FEDERAL SHARE.— tivity described in such section; (g); ‘‘(1) IN GENERAL.—The Federal share of the (5) by redesignating subsection (f) as (i); ‘‘(D) partnership described in section cost of carrying out a program for which as- 111(a)(4) that desires to receive such assist- and sistance is provided under this part— (6) by inserting after subsection (b) the fol- ance from a State, Territory, or Indian tribe ‘‘(A) for new grants, may not exceed 80 per- for an activity described in such section; and lowing: cent of the total cost for the first year of the ‘‘(c) SPECIAL CONSIDERATION.—To the ex- ‘‘(E) agency or partnership described in grant, 65 percent for the second year, and 50 section 118(c)(8) that desires to receive such tent practicable, the Corporation shall give percent for each remaining year; and special consideration to applications sub- assistance, or approved summer of service ‘‘(B) for continuing grants, may not exceed positions, from a State, Territory, or Indian mitted by predominantly Black institutions, 50 percent of the total cost of the program. Historically Black Colleges and Universities, tribe for an activity described in such sec- ‘‘(2) NON-FEDERAL CONTRIBUTION.—In pro- Hispanic-serving institutions, Tribal Col- tion to be carried out through a service- viding for the remaining share of the cost of leges and Universities, and community col- learning program described in section 111, carrying out such a program, each recipient leges serving predominantly minority popu- shall prepare, submit to the State edu- of assistance under this part— lations. cational agency, Territory, grantmaking en- ‘‘(A) shall provide for such share through a ‘‘(d) FEDERAL, STATE, AND LOCAL CONTRIBU- tity, or Indian tribe, and obtain approval of, payment in cash or in kind, fairly evaluated, TIONS.— an application for the program. including facilities, equipment, or services; ‘‘(1) FEDERAL SHARE.— ‘‘(2) SUBMISSION.—Such application shall be and ‘‘(A) IN GENERAL.—The Federal share of the submitted at such time and in such manner, ‘‘(B) may provide for such share through cost of carrying out a program for which as- and shall contain such information, as the State sources or local sources, including pri- sistance is provided under this part may not agency, Territory, Indian tribe, or entity vate funds or donated services. exceed 50 percent of the total cost of the pro- may reasonably require. ‘‘(b) WAIVER.—The Chief Executive Officer gram. ‘‘SEC. 114. CONSIDERATION OF APPLICATIONS. may waive the requirements of subsection ‘‘(B) NON-FEDERAL CONTRIBUTION.—In pro- ‘‘(a) PRIORITY.—In considering competitive (a) in whole or in part with respect to any viding for the remaining share of the cost of applications under this part, the Corporation such program for any fiscal year if the Cor- carrying out such a program, each recipient shall give priority to innovation, sustain- poration determines that such a waiver of a grant under this part— ability, capacity building, involvement of would be equitable due to a lack of available ‘‘(i) shall provide for such share through a disadvantaged youth, and quality of pro- financial resources at the local level. payment in cash or in kind, fairly evaluated,

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1472 CONGRESSIONAL RECORD — HOUSE March 11, 2008

including facilities, equipment, or services; ‘‘(g) DEFINITION.—Notwithstanding section ‘‘(A) for youth who will be enrolled in any and 101, as used in this part, the term ‘student’ grade from grade 6 through grade 12 at the ‘‘(ii) may provide for such share through means an individual who is enrolled in an in- end of the summer concerned; State sources or local sources, including pri- stitution of higher education on a full- or ‘‘(B) for community-based service-learning vate funds or donated services. part-time basis. projects that— ‘‘(2) WAIVER.—The Chief Executive Officer ‘‘(h) FEDERAL WORK-STUDY.—To be eligible ‘‘(i) shall— may waive the requirements of paragraph (1) for assistance under this part, an institution ‘‘(I) meet unmet human, educational, envi- in whole or in part with respect to any such of higher education must demonstrate that ronmental (including energy conservation program for any fiscal year if the Corpora- it meets the minimum requirements under and stewardship), emergency and disaster tion determines that such a waiver would be section 443(b)(2)(B) of the Higher Education preparedness, and public service needs; and equitable due to a lack of available financial Act of 1965 (42 U.S.C. 2753(b)(2)(B)) relating to ‘‘(II) be intensive, structured, supervised, resources at the local level. the participation of Federal Work-Study stu- and designed to produce identifiable im- ‘‘(e) APPLICATION FOR GRANT.— dents in community service activities, or has provements to the community; and ‘‘(1) SUBMISSION.—To receive a grant or received a waiver of those requirements from ‘‘(ii) may include the extension of aca- enter into a contract under this part, an ap- the Secretary of Education.’’. demic year service-learning programs into plicant shall prepare, submit to the Corpora- SEC. 1203. INNOVATIVE PROGRAMS AND RE- the summer months; tion, and obtain approval of, an application SEARCH. ‘‘(C) under which any student who com- at such time, in such manner, and con- Subtitle B of title I (42 U.S.C. 12521 et seq.) pletes 100 hours of service in an approved taining such information and assurances as is further amended by adding after part II summer of service position, as certified the Corporation may reasonably require. In the following new part: through a process determined by the Cor- requesting applications for assistance under poration through regulations consistent with this part, the Corporation shall specify such ‘‘PART III—INNOVATIVE SERVICE– section 138(f), shall be eligible for a summer required information and assurances. LEARNING PROGRAMS AND RESEARCH of service educational award of not more ‘‘(2) CONTENTS.—An application submitted ‘‘SEC. 118. INNOVATIVE DEMONSTRATION SERV- than $500 (or, at the discretion of the Chief under paragraph (1) shall contain, at a min- ICE-LEARNING PROGRAMS AND RE- Executive Officer, not more than $1,000 in imum— SEARCH. the case of a participant who is economically ‘‘(A) assurances that— ‘‘(a) IN GENERAL.—From the amounts ap- disadvantaged) from funds deposited in the ‘‘(i) prior to the placement of a partici- propriated to carry out this part for a fiscal National Service Trust and distributed by pant, the applicant will consult with the ap- year, the Corporation may make grants and the Corporation as described in section 148; propriate local labor organization, if any, fixed amount grants under subsection (f) and representing employees in the area who are with eligible entities for activities described ‘‘(D) subject to the limitation that a stu- engaged in the same or similar work as that in subsection (c). dent may not receive more than 2 summer of proposed to be carried out by such program, ‘‘(b) ELIGIBLE ENTITIES DEFINED.—For pur- service educational awards from funds depos- to prevent the displacement and protect the poses of this part, the term ‘eligible entity’ ited in the National Service Trust; and rights of such employees; and means a State education agency, a State ‘‘(9) carry out any other innovative serv- ‘‘(ii) the applicant will comply with the commission, a Territory, an Indian tribe, an ice-learning programs or research that the nonduplication and nondisplacement provi- institution of higher education, or a public Corporation considers appropriate. sions of section 177 and the grievance proce- or private nonprofit organization (including ‘‘(d) PRIORITY.—Priority shall be given to dures required by section 176; and grant-making entities), a public or private programs that— ‘‘(B) such other assurances as the Chief Ex- elementary or secondary school, a local edu- ‘‘(1) involve students and community ecutive Officer may reasonably require. cational agency, or a consortia of such enti- stakeholders in the design and implementa- ‘‘(f) PRIORITY.—In making grants and en- ties, where a consortia of two or more such tion of the service-learning program; tering into contracts under subsection (b), entities may also include a for-profit organi- ‘‘(2) implement service-learning programs the Corporation shall give priority to appli- zation. in low-income or rural communities; and cants or institutions that submit applica- ‘‘(c) AUTHORIZED ACTIVITIES.—Funds under ‘‘(3) utilize adult volunteers, including tap- tions containing proposals that— this part may be used to— ping the resource of retired and retiring ‘‘(1) demonstrate the commitment of the ‘‘(1) integrate service-learning programs adults, in the planning and implementation institution of higher education, other than into the science, technology, engineering, of the service-learning programs. by demonstrating the commitment of the and mathematics (STEM) curricula at the el- ‘‘(e) REQUIREMENTS.— students, to supporting the community serv- ementary, secondary, or post-secondary, and ‘‘(1) THREE-YEAR TERM.—Each program ice projects carried out under the program; post-baccalaureate levels in coordination funded under this part shall be carried out ‘‘(2) specify the manner in which the insti- with practicing or retired STEM profes- over a period of three years, including one tution will promote faculty, administration, sionals; planning year and two additional grant and staff participation in the community ‘‘(2) involve students in service-learning years, with a 1-year extension possible, if the service projects; programs focusing on energy conservation in program meets performance measures devel- ‘‘(3) specify the manner in which the insti- their community, including conducting edu- oped in accordance with section 179(a) and tution will provide service to the community cational outreach on energy conservation any other criteria determined by the Cor- through organized programs, including, and working to improve energy efficiency in poration. where appropriate, clinical programs for stu- low income housing and in public spaces; ‘‘(2) COLLABORATION ENCOURAGED.—Each dents in professional schools and colleges; ‘‘(3) involve students in service-learning program funded under this part is encour- ‘‘(4) describe any partnership that will par- projects in emergency and disaster prepared- aged to collaborate with other Learn and ticipate in the community service projects, ness; Serve programs, AmeriCorps, VISTA, and such as a partnership comprised of— ‘‘(4) involve students in service-learning the National Senior Service Corps. ‘‘(A) the institution; projects aimed at improving access to and ‘‘(3) EVALUATION.—Upon completion of the ‘‘(B)(i) a community-based agency; obtaining the benefits from computers and program, the Corporation shall conduct an ‘‘(ii) a local government agency; or other emerging technologies, including in independent evaluation of the program and ‘‘(iii) a non-profit entity that serves or in- low income or rural communities, in senior widely disseminate the results to the service volves school-age youth, older adults, or low- centers and communities, in schools, in li- community through multiple channels, in- income communities; and braries, and in other public spaces; cluding the Corporation’s Resource Center or ‘‘(C)(i) a student organization; ‘‘(5) involve high school age youth in the a clearinghouse of effective strategies and ‘‘(ii) a department of the institution; or mentoring of middle school youth while in- recommendations for improvement. ‘‘(iii) a group of faculty comprised of dif- volving all participants in service-learning ‘‘(f) FIXED AMOUNT GRANTS.— ferent departments, schools, or colleges at to seek to meet unmet human, educational, ‘‘(1) GENERAL.—For purposes of subsection the institution; environmental, public safety, or emergency (a), and subject to the limitations in this ‘‘(5) demonstrate community involvement disaster preparedness needs in their commu- subsection, the Corporation may, upon mak- in the development of the proposal; nity; ing a determination described in paragraph ‘‘(6) describe research on effective strate- ‘‘(6) conduct research and evaluations on (2), approve a fixed amount grant that is not gies and methods to improve service utilized service-learning, including service-learning subject to the Office of Management and in the design of the project; in middle schools, and disseminate such re- Budget cost principles and related financial ‘‘(7) specify that the institution will use search and evaluations widely; recordkeeping requirements. such assistance to strengthen the service in- ‘‘(7) conduct innovative and creative ac- ‘‘(2) DETERMINATION.—Before approving a frastructure in institutions of higher edu- tivities as described in section 111(a); fixed amount grant, the Corporation must cation; or ‘‘(8) establish or implement summer of determine that— ‘‘(8) with respect to projects involving de- service programs during the summer ‘‘(A) the reasonable and necessary costs of livery of services, specify projects that in- months, including the cost of recruitment, carrying out the terms of the grant signifi- volve leadership development of school aged training, and placement of service-learning cantly exceed the amount of assistance pro- youth. coordinators— vided by the Corporation; or

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1473 ‘‘(B) based on the nature or design of the ‘‘(B) for the fourth through ninth years in (D) in paragraph (7)(A), by inserting ‘‘, in- grant, any assistance provided by the Cor- which the recipient receives such assistance, cluding elementary and secondary edu- poration can be reasonably presumed to be a decreasing share of such cost between 76 cation, and other professions such as those expended on reasonable and necessary costs. percent and 50 percent, as established by the in health care, criminal justice, environ- ‘‘(3) MATCHING FUNDS.— Corporation in regulation; and mental stewardship and conservation, or ‘‘(A) IN GENERAL.—The Federal share of the ‘‘(C) for the tenth year (and each year public safety’’ before the semicolon; cost of carrying out a program for which a thereafter) in which the recipient receives (E) in paragraph (8)(C), by striking ‘‘non- grant is made under this part may not ex- such assistance, 50 percent of such cost.’’; profit’’; ceed 75 percent of the total cost of the pro- (B) by striking paragraph (3); (F) in paragraph (9), by striking ‘‘between gram in the first year of the grant and 50 (C) by redesignating paragraph (2) as para- the ages of 16 and 24’’ and inserting ‘‘between percent of the total cost of the program in graph (3); and the ages of 16 and 25’’; the remaining years of the grant, including (D) by inserting after paragraph (1) the fol- (G) in paragraph (10), by striking ‘‘gifted lowing: if the grant is extended for a fourth year. young adults’’ and all that follows through ‘‘(2) ALTERNATIVE CORPORATION SHARE FOR ‘‘(B) NON-FEDERAL CONTRIBUTION.—In pro- the period at the end and inserting ‘‘school- PROGRAMS IN RURAL OR SEVERELY ECONOMI- viding for the remaining share of the cost of age youth and young adults of all back- CALLY DISTRESSED COMMUNITIES.—Upon ap- carrying out such a program, each recipient grounds, including gifted youth, along with of a grant under this part— proval by the Corporation, the Corporation share of the cost, including member living established successful entrepreneurs of all ‘‘(i) shall provide for such share through a backgrounds and professions from the com- payment in cash or in kind, fairly evaluated, allowances, employment-related taxes, munity in which the program exists to— including facilities, equipment, or services; health care coverage, and worker’s com- ‘‘(A) train the participants in utilizing and pensation, of carrying out a national service problem-solving, entrepreneurship, and com- ‘‘(ii) may provide for such share through program that receives assistance under sub- munication skills to design solutions to com- State sources or local sources, including pri- section (a) and that is located in a rural or munity problems; and vate funds or donated services. severely economically distressed community ‘‘(B) collaborate with stakeholders in the ‘‘(g) APPLICATIONS.—To be eligible to carry may not exceed— out a program under this part, an entity ‘‘(A) for the first six years in which the re- communities to implement the solutions de- shall prepare, submit to the Corporation, and cipient receives such assistance, 76 percent vised by the participants in subparagraph obtain approval of, an application at such of such cost; (A).’’; time and in such manner as the Chief Execu- ‘‘(B) for the seventh through ninth years in (H) in paragraph (12)(A), by striking tive Officer may reasonably require.’’. which the recipient receives such assistance, ‘‘learning and recreation’’ and inserting a decreasing share of such cost between 76 ‘‘learning, recreation, and mentoring’’; Subtitle C—Amendments to Subtitle C and 65 percent as established by the Corpora- (I) in paragraph (13), by striking ‘‘and to (National Service Trust Program) tion in regulation; and combat rural poverty, including’’ and insert- SEC. 1301. PROHIBITION ON GRANTS TO FED- ‘‘(C) for the tenth year (and each year ing ‘‘, including the issues of rural poverty,’’; ERAL AGENCIES; LIMITS ON COR- thereafter) in which the recipient receives PORATION COSTS. (J) by redesignating paragraph (15) as para- such assistance, 65 percent of such cost.’’; graph (19); and Section 121 (42 U.S.C. 12571) is amended— (E) in paragraph (3) (as so redesignated), in (1) in subsection (a), in the matter pre- (K) by inserting after paragraph (14) the subparagraph (B), by inserting after ‘‘other following: ceding paragraph (1), by inserting after ‘‘sub- Federal sources’’ the following: ‘‘including divisions of States,’’ the following: ‘‘Terri- ‘‘(15) An E–Corps program that involves funds authorized under Youthbuild (section participants who provide services in a com- tories,’’; 173A of the Workforce Investment Act of 1998 munity by developing and assisting in car- (2) in subsection (b)— (29 U.S.C. 2918a))’’; and rying out technology programs which seek (A) in the heading, by striking ‘‘AGREE- (F) by adding at the end the following: to increase access to technology and the ben- MENTS WITH FEDERAL AGENCIES’’ and insert- ‘‘(5) OTHER FEDERAL FUNDS.— efits thereof in such community. ing ‘‘RESTRICTIONS ON AGREEMENTS WITH ‘‘(A) RECIPIENT REPORT.—A recipient of as- FEDERAL AGENCIES’’; sistance under section 121 shall report to the ‘‘(16) A program that engages citizens in (B) in paragraph (1)— Corporation the amount and source of any public safety, public health, and emergency (i) in the first sentence by striking ‘‘by the Federal funds used to carry out the program and disaster preparedness, and may include agency.’’ and inserting ‘‘by the agency, in- other than those provided by the Corpora- the recruitment and placing of qualified par- cluding programs under the Public Lands tion. ticipants in positions to be trainees as law Corps and Urban Youth Corps as described in ‘‘(B) CORPORATION REPORT.—The Corpora- enforcement officers, firefighters, search and section 122(a)(2).’’; and tion shall report to the Committee on Edu- rescue personnel, and emergency medical (ii) by striking the second sentence; cation and Labor of the House of Representa- service workers, and may engage Federal, (C) by striking paragraph (2) and inserting tives and the Committee on Health, Edu- State, and local stakeholders in collabora- the following: cation, Labor, and Pensions of the Senate on tion to organize more effective responses to ‘‘(2) PROHIBITION ON GRANTS.—The Corpora- an annual basis information regarding each issues of public safety and public health, tion may not provide a grant under this sec- recipient that uses Federal funds other than emergencies, and disasters. tion to a Federal agency.’’; and those provided by the Corporation to carry ‘‘(17) A program, initiative, or partnership (D) in paragraph (3)— out the program, including amounts and that seeks to expand the number of mentors (i) by striking ‘‘receiving assistance under sources of other Federal funds.’’. for youths (including by recruiting high- this subsection’’ and inserting ‘‘operating a SEC. 1302. E–CORPS AND TECHNICAL AMEND- school and college-aged individuals to enter national service program’’; and MENTS TO TYPES OF PROGRAMS. into mentoring relationships), including (ii) by striking ‘‘using such assistance’’; Section 122 (42 U.S.C. 12572) is amended— mentors for disadvantaged youths, either (3) in subsection (c)(2)(B), by striking ‘‘to (1) in subsection (a)— through provision of direct mentoring serv- be provided’’ and inserting ‘‘to be provided or (A) in the matter preceding paragraph (1), ices, provision of supportive services to di- otherwise approved’’; by striking ‘‘subsection (b)(1)’’ and inserting rect mentoring service organizations (in the (4) in subsection (d)— ‘‘subsection (c)(1)’’; case of a partnership), or through the cre- (A) in the subsection heading, by striking (B) in paragraph (2)— ative utilization of current and emerging ‘‘FIVE’’ and inserting ‘‘SIX’’; and (i) in subparagraph (A), by striking ‘‘in- technologies to connect youth with mentors. (B) in paragraph (1), by striking ‘‘5 per- cluding’’ and all that follows through the ‘‘(18) A program that has the primary pur- cent’’ and inserting ‘‘6 percent’’; and semicolon at the end and inserting ‘‘includ- pose of re-engaging court-involved youth and (5) in subsection (e)— ing projects involving urban renewal, sus- adults with the goal of reducing recidi- (A) in paragraph (1)— taining natural resources, or improving vism.’’; (i) by striking ‘‘section 140’’ and inserting human services;’’; (2) by redesignating subsections (b) and (c) ‘‘paragraph (2)’’; (ii) in subparagraph (B), by striking ‘‘in- as (c) and (d), respectively; (ii) by striking ‘‘Federal share of the cost’’ cluding’’ and inserting ‘‘and at least 50 per- (3) by inserting after subsection (a) the fol- and inserting ‘‘Corporation share of the cost, cent of whom are’’; and lowing: including member living allowances, employ- (iii) in subparagraph (C)(i), by inserting ‘‘, ment-related taxes, health care coverage, including mentoring’’ before the semicolon; ‘‘(b) INNOVATIVE PROGRAMS TO MEET THE and worker’s compensation and other nec- (C) in paragraph (6)— NEEDS OF VETERANS.— essary operation costs,’’; (i) in subparagraph (B), by striking ‘‘; or’’ ‘‘(1) IN GENERAL.—From funds appropriated (iii) by striking ‘‘may not exceed 75 per- and inserting a semicolon; under section 501(a)(2), the Corporation shall cent of such cost.’’ and inserting ‘‘may not (ii) in subparagraph (C), by striking the pe- reserve up to 3 percent for competitive exceed—’’; and riod and inserting ‘‘; or’’; and grants to eligible recipients under subsection (iv) by adding at the end the following: (iii) by adding at the end the following: (a) for the development, either directly or ‘‘(A) for the first three years in which the ‘‘(D) students participating in service- through subgrants to other entities, of inno- recipient receives such assistance, 76 percent learning programs at an institution of higher vative initiatives to address the unique of such cost; education.’’; needs of veterans.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1474 CONGRESSIONAL RECORD — HOUSE March 11, 2008

‘‘(2) APPLICATION.—To be eligible to receive viduals enrolled in approved national service ‘‘SEC. 129. PROVISION OF ASSISTANCE AND AP- a grant under this subsection, an entity de- positions and approved summer of service PROVED NATIONAL SERVICE POSI- scribed in paragraph (1) shall submit an ap- positions.’’. TIONS. ‘‘(a) 1-PERCENT ALLOTMENT FOR CERTAIN plication at such time, in such manner, and SEC. 1303. TYPES OF POSITIONS. containing such information as the Corpora- TERRITORIES.—Of the funds allocated by the Section 123 (42 U.S.C. 12573) is amended— tion may require. Corporation for provision of assistance under (1) in paragraph (2)(A) by inserting after ‘‘(3) ACTIVITIES.—Entities receiving grants section 121(a) for a fiscal year, the Corpora- under this subsection shall use funds to de- ‘‘subdivision of a State,’’ the following: ‘‘a tion shall reserve 1 percent for grants to the velop initiatives that— Territory,’’; and United States Virgin Islands, Guam, Amer- ‘‘(A) recruit veterans, particularly return- (2) in paragraph (5) by inserting ‘‘Na- ican Samoa, and the Commonwealth of the ing veterans, into service opportunities; tional’’ before ‘‘Civilian Community Corps’’. Northern Mariana Islands upon approval by ‘‘(B) promote community-based efforts to SEC. 1304. CONFORMING REPEAL RELATING TO the Corporation of an application submitted meet the unique needs of military families TRAINING AND TECHNICAL ASSIST- under section 130. The amount allotted as a while a member of the family is deployed; ANCE. grant to each such Territory under this sub- and Section 125 (42 U.S.C. 1257) is repealed. section for a fiscal year shall be equal to the ‘‘(C) promote community-based efforts to SEC. 1305. ASSISTANCE TO STATE COMMISSIONS; amount that bears the same ratio to 1 per- meet the unique needs of military families CHALLENGE GRANTS. cent of the allocated funds for that fiscal when a member of the family returns from a Section 126 (42 U.S.C. 12576) is amended— year as the population of the Territory bears deployment.’’; (1) in subsection (a)— to the total population of such Territories. ‘‘(b) ALLOTMENT FOR INDIAN TRIBES.—Of (4) in subsection (c) (as so redesignated), in (A) in paragraph (1), by striking ‘‘$125,000 the funds allocated by the Corporation for paragraph (4), by inserting after ‘‘out-of- and $750,000’’ and inserting ‘‘$200,000 and provision of assistance under section 121(a) school youths,’’ the following: ‘‘disadvan- $825,000’’; and for a fiscal year, the Corporation shall re- taged youths,’’; (B) by striking paragraph (2) and inserting serve at least 1 percent for grants to Indian (5) in subsection (d) (as so redesignated), in the following: tribes, to be allotted by the Corporation on paragraph (1)— ‘‘(2) MATCHING REQUIREMENT.—In making a competitive basis. (A) in subparagraph (A), by striking ‘‘sub- grants to a State under this subsection, the ‘‘(c) ALLOTMENT FOR COMPETITIVE section (b) or (d) of’’; and Corporation shall require the State to pro- GRANTS.—Of the funds allocated by the Cor- (B) by adding at the end the following new vide matching funds of $1 from non-Federal poration for provision of assistance under subparagraph: sources for every $1 provided by the Corpora- section 121(a) for a fiscal year and subject to ‘‘(C) PRIORITY FOR VETERANS.—Priorities tion. section 133(d)(3), the Corporation shall re- established under subparagraphs (A) and (B) ‘‘(3) ALTERNATIVE.—Notwithstanding para- serve up to 62.7 percent for grants awarded shall include priorities for programs that— graph (2), the Chief Executive Officer may on a competitive basis to States for national ‘‘(i) recruit veterans, particularly return- permit a State that demonstrates hardship service programs and to nonprofit organiza- ing veterans, into service opportunities; or a new State Commission to use an alter- tions seeking to operate a national service ‘‘(ii) promote community-based efforts to native match as follows: meet the unique needs of military families program in 2 or more States. ‘‘(A) FIRST $100,000.—For the first $100,000 of ‘‘(d) ALLOTMENT TO CERTAIN STATES ON while a member of the family is deployed; grant amounts provided by the Corporation, and FORMULA BASIS.— a State shall not be required to provide ‘‘(1) GRANTS.—Of the funds allocated by the ‘‘(iii) promote community-based efforts to matching funds. meet the unique needs of military families Corporation for provision of assistance under ‘‘(B) AMOUNTS GREATER THAN $100,000.—For subsection (a) of section 121 for a fiscal year, when a member of the family returns from a grant amounts of more than $100,000 and not deployment.’’; and the Corporation shall make a grant to each exceeding $200,000 provided by the Corpora- of the several States, the District of Colum- (6) by adding at the end the following: tion, a State shall provide $1 from non-Fed- ‘‘(e) REQUIREMENTS FOR TUTORS.— bia, and the Commonwealth of Puerto Rico eral sources for every $2 provided by the Cor- that submits an application under section ‘‘(1) IN GENERAL.—Except as provided in poration. paragraph (2), the Corporation shall require 130 that is approved by the Corporation. ‘‘(C) AMOUNTS GREATER THAN $200,000.—For ‘‘(2) ALLOTMENTS.—The amount allotted as that each recipient of assistance under the grant amounts of more than $200,000 provided national service laws that operates a tutor- a grant to each such State under this sub- by the Corporation, a State shall provide $1 section for a fiscal year shall be equal to the ing program involving elementary or sec- from non-Federal sources for every $1 pro- ondary school students certifies that individ- amount that bears the same ratio to 35.3 per- vided by the Corporation.’’; and cent of the allocated funds for that fiscal uals serving in approved national service po- (2) in subsection (c)— sitions as tutors in such program have— year as the population of the State bears to (A) in paragraph (1), by striking ‘‘to na- the total population of the several States, ‘‘(A) either— tional service programs that receive assist- ‘‘(i) obtained their high school diploma; or the District of Columbia, and the Common- ance under section 121’’ and inserting ‘‘to wealth of Puerto Rico, in compliance with ‘‘(ii) passed a proficiency test dem- programs supported under the national serv- onstrating that such individuals have the paragraph (3). ice laws’’; and ‘‘(3) MINIMUM AMOUNT.—Notwithstanding skills necessary to achieve program goals; (B) by striking paragraph (3) and inserting and paragraph (2), the minimum grant made the following: available to each State approved by the Cor- ‘‘(B) have successfully completed pre- and ‘‘(3) AMOUNT OF ASSISTANCE.—A challenge in-service training for tutors. poration under paragraph (1) for each fiscal grant under this subsection may provide, for year must be at least $600,000, or 0.5 percent ‘‘(2) EXCEPTION.—The requirements in an initial 3-year grant period, not more than paragraph (1) do not apply to an individual of the amount allocated for the State for- $1 of assistance under this subsection for mula under this section, whichever is great- serving in an approved national service posi- each $1 in cash raised from private sources tion who is enrolled in an elementary or sec- er. by the program supported under the national ‘‘(e) EFFECT OF FAILURE TO APPLY.—If a ondary school and is providing tutoring serv- service laws in excess of amounts required to ices through a structured, school-managed State or Territory fails to apply for, or fails be provided by the program to satisfy match- to give notice to the Corporation of its in- cross-grade tutoring program. ing funds requirements. After an initial 3- ‘‘(f) REQUIREMENTS FOR TUTORING PRO- tent to apply for an allotment under this year grant period, grants under this sub- GRAMS.—Each tutoring program that re- section, or the Corporation does not approve section may provide not more than $1 of as- ceives assistance under the national service the application consistent with section 133, sistance for each $2 in cash raised from pri- laws shall— the Corporation may use the amount that vate sources by the program in excess of ‘‘(1) offer a curriculum that is high quality, would have been allotted under this section amounts required to be provided by the pro- research-based, and consistent with the to the State or Territory to— gram to satisfy matching funds require- State academic content standards required ‘‘(1) make grants (and provide approved na- ments. The Corporation may permit the use by section 1111 of the Elementary and Sec- tional service positions in connection with of local or State funds as matching funds if ondary Education Act of 1965 (20 U.S.C. 6311) such grants) to other grantmaking entities the Corporation determines that such use and the instructional program of the local under section 121 that propose to carry out would be equitable due to a lack of available educational agency; and national service programs in such State or private funds at the local level. The Corpora- ‘‘(2) offer high quality, research-based pre- Territory; and tion shall establish a ceiling on the amount and in-service training for tutors. ‘‘(2) make a reallotment to other States or of assistance that may be provided to a na- ‘‘(g) CITIZENSHIP TRAINING.—The Corpora- Territories with approved applications sub- tion shall establish requirements for recipi- tional service program under this sub- mitted under section 130, to the extent ents of assistance under the national service section.’’. grant-making entities do not apply as de- laws relating to the promotion of citizenship SEC. 1306. ALLOCATION OF ASSISTANCE TO scribed in paragraph (1). and civic engagement, that are consistent STATES AND OTHER ELIGIBLE ENTI- ‘‘(f) APPLICATION REQUIRED.—The allot- with the principles on which citizenship pro- TIES. ment of assistance and approved national grams administered by U.S. Citizenship and Section 129 (42 U.S.C. 12581) is amended to service positions to a recipient under this Immigration Services are based, among indi- read as follows: section shall be made by the Corporation

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1475

only pursuant to an application submitted ‘‘(c) INAPPLICABLE PROVISIONS.—The fol- tion to the State Commission at such time by a State or other applicant under section lowing provisions shall not apply to pro- and in such manner as the State Commission 130. grams funded under this section: determines appropriate. The application ‘‘(g) APPROVAL OF POSITIONS SUBJECT TO ‘‘(1) The limitation on administrative costs shall contain— AVAILABLE FUNDS.—The Corporation may under section 121(d). ‘‘(A) a position description that includes— not approve positions as approved national ‘‘(2) The matching funds requirements ‘‘(i) the unmet human, educational, public service positions under this subtitle for a fis- under section 121(e). safety, or environmental need or needs that cal year in excess of the number of such posi- ‘‘(3) The living allowance and other bene- will be met by the participant; and tions for which the Corporation has suffi- fits under sections 131(e) and section 140 ‘‘(ii) a description of the activities and re- cient available funds in the National Service (other than individualized support services sponsibilities that will be carried out by the Trust for that fiscal year, taking into con- for disabled members under section 140(f)). participant; sideration funding needs for national service ‘‘(d) FIXED AMOUNT GRANTS.— ‘‘(B) a description of the organization oper- educational awards under subtitle D based ‘‘(1) GENERAL.—For purposes of subsection ating the service site where the applicant in- on completed service. If appropriations are (a), and subject to the limitations in this tends to complete the service described in insufficient to provide the maximum allow- subsection, the Corporation may, upon mak- subparagraph (A); able national service educational awards ing a determination described in paragraph ‘‘(C) a description of the support that will under subtitle D for all eligible participants, (2), approve a fixed amount grant that is not be provided by the organization to the par- the Corporation is authorized to make nec- subject to the Office of Management and ticipant to complete the activities described essary and reasonable adjustments to pro- Budget cost principles and related financial in subparagraph (A); gram rules. recordkeeping requirements. ‘‘(D) the evidence of community support ‘‘(h) SPONSORSHIP OF APPROVED NATIONAL ‘‘(2) DETERMINATION.—Before approving a for the activities described in subparagraph SERVICE POSITIONS.— fixed amount grant, the Corporation must (A); ‘‘(1) SPONSORSHIP AUTHORIZED.—The Cor- determine that— ‘‘(E) a certification from the organization poration may enter into agreements with ‘‘(A) the reasonable and necessary costs of operating the service site that the organiza- persons or entities who offer to sponsor na- carrying out the terms of the grant signifi- tion is accepting the participant to perform tional service positions for which the person cantly exceed the amount of assistance pro- the service outlined in subparagraph (A); or entity will be responsible for supplying vided by the Corporation; or ‘‘(F) a certification from the organization the funds necessary to provide a national ‘‘(B) based on the nature or design of the operating the service site that the organiza- service educational award. The distribution grant, any assistance provided by the Cor- tion satisfies qualification criteria estab- of these approved national service positions poration can be reasonably presumed to be lished by the Corporation or the State Com- shall be made pursuant to the agreement, expended on reasonable and necessary costs. mission, including standards relating to or- and the creation of these positions shall not ‘‘SEC. 129B. PILOT AUTHORITY FOR MEMBER-SE- ganizational capacity, financial manage- be taken into consideration in determining LECTED NATIONAL SERVICE POSI- ment, and programmatic oversight; and the number of approved national service po- TIONS. ‘‘(G) any other information that the Cor- sitions to be available for distribution under ‘‘(a) AUTHORITY.— poration and the State Commission deems this section. ‘‘(1) IN GENERAL.—From the amounts ap- necessary. propriated for a fiscal year under this sub- ‘‘(2) DEPOSIT OF CONTRIBUTION.—Funds pro- ‘‘(2) RESIDENCY.—A participant may apply vided pursuant to an agreement under para- title and consistent with the restriction in for approved national service positions under graph (1) shall be deposited in the National subsection (b), the Corporation may provide this section in States other than the State in Service Trust established in section 145 until fixed amount grants on a competitive basis which the participant resides. such time as the funds are needed. to up to 10 State Commissions to support member-selected approved national service ‘‘(e) ORGANIZATION REQUIREMENTS.—The ‘‘(i) RESERVATION OF FUNDS FOR SPECIAL positions. Corporation and the State Commissions ASSISTANCE.—From amounts appropriated shall ensure that the organizations receiving ‘‘(2) LIMITATION.—The Corporation shall for a fiscal year pursuant to the authoriza- participants with approved national service tion of appropriations in section 501(a)(2) and award grants under paragraph (1) to support not more than 500 approved national service positions under this section— subject to the limitation in such section, the ‘‘(1) maintain not more than 5 full-time Corporation may reserve such amount as the positions among the participating States. ‘‘(b) LIMITS ON CORPORATION GRANT staff and not more than 5 part-time staff; Corporation considers to be appropriate for FUNDS.— ‘‘(2) are not duplicating service provided by the purpose of making assistance available ‘‘(1) IN GENERAL.—Grants awarded under an existing AmeriCorps grantee in the same under section 126. subsection (a)(1) shall not exceed $600 per in- community; ‘‘(j) RESERVATION OF FUNDS TO INCREASE dividual enrolled in an approved national ‘‘(3) are located in a community where no THE PARTICIPATION OF INDIVIDUALS WITH DIS- service position under this section. Intermediary AmeriCorps grants recipient is ABILITIES.—From amounts appropriated for a ‘‘(2) USE OF GRANT FUNDS.—Grants received operating; and fiscal year pursuant to the authorization of by State Commissions under subsection ‘‘(4) have not applied to receive assistance appropriations in section 501(a)(2) and sub- (a)(1)— under this subtitle. ject to the limitation in such section, the ‘‘(A) shall not be distributed to organiza- ‘‘(f) FAILURE TO COMPLY.—If an organiza- Chief Executive Officer shall reserve an tions receiving participants with approved tion receiving a participant with an ap- amount that is not less than 1 percent of national service positions under this section; proved national service position under this such amount (except that the amount re- and section fails to comply with terms and condi- served may not exceed $10,000,000), in order ‘‘(B) may— tions established by the State Commission to make grants to public or private nonprofit ‘‘(i) be used for oversight activities and and the Corporation— organizations to increase the participation mechanisms for the service sites as deter- ‘‘(1) the organization shall not be eligible of individuals with disabilities in national mined by the State Commission or the Cor- to receive such a participant, or receive an service and for demonstration activities in poration, which may include site visits; AmeriCorps grant under section 121, for not furtherance of this purpose.’’. ‘‘(ii) be used for activities to augment the less than 5 years; and SEC. 1307. ADDITIONAL AUTHORITY. experience of AmeriCorps participants in ap- ‘‘(2) the State Commission shall have the Part II of subtitle C of title I is amended proved national service positions under this right to remove such a participant from the by inserting after section 129 (42 U.S.C. 12581) section, including activities to engage such organization and relocate that individual to the following: participants in networking opportunities another site. ‘‘SEC. 129A. EDUCATION AWARDS ONLY PRO- with other AmeriCorps participants; and ‘‘(g) RECEIPT OF FINANCIAL ASSISTANCE.— GRAM. ‘‘(iii) be used for recruitment or training An organization that receives participants ‘‘(a) IN GENERAL.—From amounts appro- activities for participants in approved na- with approved national service positions priated for a fiscal year to provide financial tional service positions under this section. under this section shall not be considered a assistance under this subtitle and consistent ‘‘(c) STATE COMMISSION APPLICATION.— recipient of Federal financial assistance with the restriction in subsection (b), the ‘‘(1) IN GENERAL.—A State Commission de- based on receiving such participants. Corporation may, through fixed amount siring to receive a grant under subsection ‘‘(h) DEFINITION.—For the purpose of this grants under subsection (d), provide oper- (a)(1) shall submit an application to the Cor- section, the term ‘Intermediary AmeriCorps ational assistance to programs that receive poration at such time, in such manner, and grants recipient’ means any organization approved national service positions but do containing such information as the Corpora- that serves as a conduit between the Cor- not receive funds under section 121(a). tion shall determine appropriate. poration and other unaffiliated organizations ‘‘(b) LIMIT ON CORPORATION GRANT FUNDS.— ‘‘(2) APPROVAL.—The Corporation shall ap- operating service sites.’’. Operational support under this section may prove each application under paragraph (1) in not exceed $600 per individual enrolled in an accordance with section 130(d). SEC. 1308. STATE SELECTION OF PROGRAMS. approved national service position and may ‘‘(d) SELECTION OF PARTICIPANTS.— Section 130 (42 U.S.C. 12582) is amended— reach $800 per individual if the program sup- ‘‘(1) APPLICANTS.—Participants desiring to (1) in subsection (a)— ports at least 50 percent disadvantaged receive an approved national service position (A) by inserting after ‘‘State,’’ the fol- youth. under this section shall submit an applica- lowing: ‘‘Territory,’’; and

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1476 CONGRESSIONAL RECORD — HOUSE March 11, 2008 (B) by striking ‘‘institution of higher edu- (B) by striking subparagraphs (A) through the period at the end and inserting ‘‘during cation, or Federal agency’’ and inserting ‘‘or (G) and inserting the following: a period of not more than 2 years.’’; and institution of higher education’’; ‘‘(A) shall include national service pro- (3) in subsection (c)— (2) in subsection (b)(9) by striking ‘‘section grams that— (A) in paragraph (1)(A), by striking ‘‘as 122(c)’’ and inserting ‘‘section 122(d)’’; ‘‘(i) recruit veterans, particularly return- demonstrated by the participant’’ and insert- (3) in subsection (c)— ing veterans, into service opportunities; ing ‘‘as determined by the organization re- (A) in paragraph (1)— ‘‘(ii) promote community-based efforts to sponsible for granting a release, if the partic- (i) by striking ‘‘jobs or positions’’ and in- meet the unique needs of military families ipant has otherwise performed satisfactorily serting ‘‘proposed positions’’; and while a member of the family is deployed; and has completed at least 15 percent of the (ii) by striking ‘‘, including’’ and all that and original term of service’’; follows through the period at the end and in- ‘‘(iii) promote community-based efforts to (B) in paragraph (2)(A), by striking ‘‘pro- serting a period; meet the unique needs of military families vide to the participant that portion of the (B) in paragraph (2) by inserting ‘‘pro- when a member of the family returns from a national service educational award’’ and in- posed’’ before ‘‘minimum’’; and deployment; and serting ‘‘certify the participant’s eligibility (C) by adding at the end the following: ‘‘(B) may include— for that portion of the national service edu- ‘‘(3) In the case of a nonprofit organization ‘‘(i) national service programs that con- cational award’’; and operating programs in 2 or more States, a de- form to the national service priorities in ef- (C) in paragraph (2)(B), by striking ‘‘to scription of the manner and extent to which fect under section 122(d); allow return to the program with which the the State Commissions of each State in ‘‘(ii) innovative national service programs; individual was serving in order’’. which the nonprofit organization intends to ‘‘(iii) national service programs that are SEC. 1313. ADJUSTMENTS TO LIVING ALLOW- operate were consulted and the nature of the well established in one or more States at the ANCE. consultation.’’; time of the application and are proposed to Section 140 (42 U.S.C. 12594) is amended— (4) in subsection (e)(2) by striking ‘‘were be expanded to additional States using as- selected’’ and inserting ‘‘were or will be se- (1) in subsection (a)— sistance provided under section 121; (A) in paragraph (1), by striking ‘‘para- lected’’; ‘‘(iv) grant programs in support of other (5) in subsection (f)— graph (3)’’ and inserting ‘‘paragraphs (2) and national service programs if the grant pro- (3)’’; (A) in paragraph (1), by striking ‘‘a pro- grams are to be conducted by nonprofit orga- gram applicant’’ and inserting ‘‘an appli- (B) by striking paragraph (2); nizations with a demonstrated and extensive (C) by redesignating paragraph (3) as (2); cant’’; and expertise in the provision of services to meet (B) in paragraph (2)— (D) by inserting after paragraph (2) (as so human, educational, environmental, or pub- redesignated) the following: (i) in the heading, by striking ‘‘PROGRAM lic safety needs; and APPLICANT’’ and inserting ‘‘APPLICANT’’; ‘‘(3) FEDERAL WORK-STUDY STUDENTS.—The ‘‘(v) professional corps programs described living allowance that may be provided to an (ii) in the matter preceding subparagraph in section 122(a)(8).’’; and (A), by striking ‘‘program applicant’’ and in- individual whose term of service includes (5) by amending subsection (d)(3) to read as hours for which the individual receives Fed- serting ‘‘applicant’’; follows: (iii) in subparagraph (A)— eral work study wages shall be reduced by ‘‘(3) ADDITIONAL PRIORITY.—In making a (I) by inserting after ‘‘subdivision of a the amount of the individual’s Federal work competitive distribution under section study award.’’; and State,’’ the following: ‘‘Territory,’’; and 129(c), the Corporation— (II) by striking ‘‘institution of higher edu- (E) in paragraph (4), by striking ‘‘a reduced ‘‘(A) shall solicit and consider the view of cation, or Federal agency’’ and inserting ‘‘or term of service under section 139(b)(3)’’ and a State Commission regarding any applica- institution of higher education’’; and inserting ‘‘a term of service that is less than tion for assistance to operate a national (iv) in subparagraph (B)— 12 months’’; service program within the State; and (I) by inserting after ‘‘subdivision of a (2) in subsection (b), by striking ‘‘shall in- ‘‘(B) may give priority to a national serv- State,’’ the following: ‘‘Territory,’’; and clude an amount sufficient to cover 85 per- ice program that is— (II) by striking ‘‘institution of higher edu- cent of such taxes’’ and all that follows ‘‘(i) proposed in an application submitted cation, or Federal agency’’ and inserting ‘‘or through the period at the end and inserting by a State Commission; and institution of higher education’’; and ‘‘may be used to pay such taxes.’’; (6) in subsection (g), by striking the period ‘‘(ii) not one of the types proposed in para- (3) in subsection (c)— and inserting ‘‘or is already receiving finan- graph (2), (A) in paragraph (1) by adding ‘‘and’’ at the cial assistance from the Corporation.’’. if the State Commission provides an ade- end; SEC. 1308A. NATIONAL SERVICE PROGRAM AS- quate explanation of the reasons why it (B) by striking paragraph (2); and SISTANCE REQUIREMENTS. should not be a priority of such State to (C) by redesignating paragraph (3) as (2); Section 131(c)(3) (42 U.S.C. 12583(c)(3)) is carry out any of such types of programs in (4) in subsection (d)(1), by striking the sec- amended to read as follows: the State.’’. ond sentence; and ‘‘(3) in the case of a program that is not SEC. 1310. DESCRIPTION OF PARTICIPANTS. (5) by striking subsections (g) and (h). funded through a State, including programs Section 137 (42 U.S.C. 12591) is amended— Subtitle D—Amendments to Subtitle D (Na- operated by nonprofit organizations seeking (1) in subsection (a)— tional Service Trust and Provision of Na- to operate a national service program in 2 or (A) by striking paragraph (3); and tional Service Educational Awards) more States— (B) by redesignating paragraphs (4), (5), ‘‘(A) consult with and coordinate with the and (6) as paragraphs (3), (4), and (5), respec- SEC. 1401. AVAILABILITY OF FUNDS IN THE NA- State Commission for the State in which the tively; TIONAL SERVICE TRUST. program operates; and (2) in subsection (b)— Section 145 (42 U.S.C. 12601) is amended— ‘‘(B) obtain written confirmation from the (A) in paragraph (1), by striking ‘‘para- (1) in subsection (a)— State Commission that the applicant seek- graph (4)’’ and inserting ‘‘paragraph (3)’’; and (A) in paragraph (1)(B), by striking ‘‘sec- ing assistance under this Act has consulted (B) in paragraph (2), by striking ‘‘between tion 148(e)’’ and inserting ‘‘section 148(f)’’; with and coordinated with the State Com- the ages of 16 and 25’’ and inserting ‘‘a 16- and mission when seeking to operate a program year-old out of school youth or an individual (B) in paragraph (2), by striking ‘‘pursuant in that State.’’. between the ages of 17 and 25’’; and to section 196(a)(2)’’ and inserting ‘‘pursuant SEC. 1309. CONSIDERATION OF APPLICATIONS. (3) in subsection (c), by striking ‘‘(a)(5)’’ to section 196(a)(2), if the terms of such dona- Section 133 (42 U.S.C. 12585) is amended— and inserting ‘‘(a)(4)’’. tions direct that they be deposited in the Na- (1) in subsection (c)(6), insert after sub- SEC. 1311. SELECTION OF NATIONAL SERVICE tional Service Trust’’; and paragraph (E) the following: PARTICIPANTS. (2) in subsection (c), by striking ‘‘for pay- ‘‘(F) Areas that have a mortgage fore- Section 138 (42 U.S.C. 12592) is amended— ments of national service educational awards closure rate greater than the national aver- (1) in subsection (a) by striking ‘‘conducted in accordance with section 148.’’ and insert- age mortgage foreclosure rate for the most by the State’’ and all that follows through ing ‘‘for— recent 12 months for which satisfactory data ‘‘or other entity’’ and inserting ‘‘conducted ‘‘(1) payments of summer of service edu- are available.’’; by the entity’’; and cational awards and national service edu- (2) in subsection (b)(2)(B), by striking ‘‘jobs (2) in subsection (e)(2)(C) by inserting be- cational awards in accordance with section or’’; fore the semicolon at the end the following: 148; and (3) in subsection (c), by redesignating para- ‘‘, particularly those who were considered at ‘‘(2) payments of interest in accordance graph (8) as paragraph (9) and inserting after the time of their service disadvantaged with section 148(f).’’. paragraph (7) the following: youth’’. SEC. 1402. INDIVIDUALS ELIGIBLE TO RECEIVE A ‘‘(8) The extent to which the program gen- SEC. 1312. TERMS OF SERVICE. NATIONAL SERVICE EDUCATIONAL erates the involvement of volunteers.’’; Section 139 (42 U.S.C. 12593) is amended— AWARD FROM THE TRUST. (4) in subsection (d), in paragraph (2)— (1) in subsection (b)(1), by striking ‘‘not Section 146 (42 U.S.C. 12602) is amended— (A) in the matter preceding subparagraph less than 9 months and’’; (1) in subsection (a)— (A), strike ‘‘the Corporation may include—’’ (2) in subsection (b)(2), by striking ‘‘during (A) in the matter preceding paragraph (1), and insert ‘‘the Corporation—’’; and a period of—’’ and all that follows through by striking ‘‘if the individual’’ and inserting

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1477 ‘‘if the organization responsible for an indi- (A) in paragraph (2), by striking ‘‘cost of (B) by inserting after ‘‘additional’’ the fol- vidual’s supervision certifies that the indi- attendance’’ and inserting ‘‘cost of attend- lowing: ‘‘summer of service educational vidual’’; ance or other educational expenses’’; awards and additional’’; (B) by striking paragraphs (1), (2), and (3) (B) in paragraph (3), by striking ‘‘and’’; (11) in subsection (c)(6), by inserting after and inserting the following: (C) by redesignating paragraph (4) as para- ‘‘national service educational award’’ the ‘‘(1) met the applicable eligibility require- graph (6); following: ‘‘and summer of service edu- ments for the position; and (D) by inserting after paragraph (3) the fol- cational award’’; ‘‘(2)(A) successfully completed the required lowing: (12) in subsection (d), by inserting after term of service described in subsection (b) in ‘‘(4) to pay expenses incurred in enrolling ‘‘national service educational awards’’ the an approved national service position; or in an educational institution or training es- following: ‘‘and summer of service edu- ‘‘(B)(i) satisfactorily performed prior to tablishment that meets the requirements of cational awards’’; being granted a release for compelling per- chapter 36 of title 38, United States Code (38 (13) by redesignating subsections (e), (f), and (g) as (f), (g), and (h), respectively; sonal circumstances under section 139(c); and U.S.C. 3451 et seq.); (14) by inserting after subsection (d) the ‘‘(ii) served at least 15 percent of the re- ‘‘(5) for a recipient of a summer of service following: quired term of service described in sub- educational award under section 118(c)(8)(C), section (b); and’’; and ‘‘(e) USE OF SUMMER OF SERVICE EDU- to pay expenses incurred in enrolling in a CATIONAL AWARD TO PAY COLLEGE PRE- (C) by redesignating paragraph (4) as para- college preparatory program in accordance graph (3); PARATORY EXPENSES.— with subsection (e); and’’; and ‘‘(1) APPLICATION OF ELIGIBLE INDIVID- (2) by striking subsection (c) and inserting (E) in paragraph (6) (as so redesignated) by the following: UALS.—An eligible individual under section striking ‘‘subsection (e)’’ and inserting ‘‘sub- 118(c)(8), or the parents or legal guardian of ‘‘(c) LIMITATION ON RECEIPT OF NATIONAL section (f)’’; such an individual, who desires to apply the SERVICE EDUCATIONAL AWARDS.—An indi- (2) in subsection (b)(1) by inserting after summer of service educational award of the vidual may not receive, in national service ‘‘the national service educational award of educational awards, more than an amount individual to the payment of expenses in- the individual’’ the following: ‘‘, or an eligi- equal to the aggregate value of 2 such awards curred in enrolling in a college preparatory ble individual under section 118(c)(8) who re- program shall, on a form prescribed by the for full-time service. The aggregate value of ceived a summer of service educational Corporation, submit an application to the summer of service educational awards that award for a project that began after the indi- college preparatory program in which the in- an individual receives shall have no effect on vidual completed grade 10 and desires to dividual will be enrolled that contains such the aggregate value of national service edu- apply that summer of service educational information as the Corporation may require cational awards the individual may re- award,’’; to verify the individual’s eligibility. ceive.’’; (3) in subsection (b)(2) by inserting after ‘‘(2) SUBMISSION OF REQUESTS FOR PAYMENT (3) in subsection (d)— ‘‘the national service educational award’’ the BY PROGRAM.—A college preparatory program (A) in paragraph (1) by inserting after ‘‘na- following: ‘‘or the summer of service edu- that receives one or more applications under tional service educational award’’ the fol- cational award, as applicable,’’; paragraph (1) shall submit to the Corpora- lowing: ‘‘or a summer of service educational tion a statement, in a manner prescribed by award’’; and (4) in subsection (b)(5) by inserting after ‘‘the national service educational award’’ the the Corporation, that— (B) in paragraph (2)— ‘‘(A) identifies each eligible individual fil- (i) in the matter preceding subparagraph following: ‘‘or the summer of service edu- cational award, as applicable’’; ing an application under paragraph (1) for a (A), and in subparagraph (A), by inserting disbursement of the individual’s summer of after ‘‘national service educational award’’ (5) in subsection (b)(7)— (A) in subparagraph (A), by striking ‘‘, service educational award under this sub- the following: ‘‘or a summer of service edu- section; cational award’’; other than a loan to a parent of a student pursuant to section 428B of such Act (20 ‘‘(B) specifies the amounts for which such (ii) in subparagraph (A) by striking ‘‘or’’ at eligible individuals are qualified for dis- the end; U.S.C. 1078–2); and’’ and inserting a semi- colon; bursement; and (iii) in subparagraph (B) by striking the pe- ‘‘(C) certifies that— riod at the end and inserting ‘‘; or’’; and (B) in subparagraph (B), by striking the pe- riod and inserting ‘‘; and’’; and ‘‘(i) the college preparatory program is op- (iv) by adding at the end the following: erated by a for-profit or non-profit organiza- (C) by adding at the end the following: ‘‘(C) in the case of a summer of service edu- tion with a track record of success in imple- ‘‘(C) any loan (other than a loan described cational award, is enrolled at an eligible in- menting college preparatory programs that in subparagraph (A) or (B)) determined by an stitution of higher education under section collaborate with local educational agencies institution of higher education to be nec- 148(c) or an educational institution described and adequately prepare secondary school essary to cover a student’s educational ex- under section 148(a)(4) and failed to expend students for admission to an institution of the full amount of that award during the penses and made, insured, or guaranteed by— higher education without need for remedi- original 7-year period.’’; and ‘‘(i) an eligible lender, as defined in section ation; (4) in subsection (e)(1)— 435 of the Higher Education Act of 1965 (20 ‘‘(ii) the college preparatory program has (A) by inserting after ‘‘qualifying under U.S.C. 1085); been in existence for at least one year prior this section’’ the following: ‘‘or under sec- ‘‘(ii) the direct student loan program under to an eligible individual’s submission of the tion 118(c)(8)’’; and part D of title IV of such Act; application under paragraph (1); and (B) by inserting after ‘‘to receive a na- ‘‘(iii) a State agency; or ‘‘(iii) individuals using summer of service tional service educational award’’ the fol- ‘‘(iv) a lender otherwise determined by the educational awards received under section lowing: ‘‘or a summer of service educational Corporation to be eligible to receive dis- 118(c)(8) to pay the cost of enrolling in the award’’. bursements from the National Service college preparatory program do not comprise SEC. 1403. DETERMINATION OF THE AMOUNT OF Trust.’’; more than 15 percent of the total number of NATIONAL SERVICE EDUCATIONAL (6) in subsection (c)(1), by inserting after individuals enrolled in the program; and AWARDS. ‘‘national service educational award’’ the ‘‘(D) contains such provisions concerning Section 147 (42 U.S.C. 12603) is amended— following: ‘‘, or an eligible individual under financial compliance and program quality as (1) in subsection (a)— section 118(c)(8) who desires to apply the in- the Corporation may require. (A) by striking ‘‘a value, for each of not dividual’s summer of service educational ‘‘(3) DISBURSEMENT OF PAYMENTS.—Upon re- more than 2 of such terms of service, equal award,’’; ceipt of a statement from a college pre- to 90 percent of—’’ and inserting ‘‘a value (7) in subsection (c)(2)(A), by inserting paratory program that complies with para- of—’’ ; and after ‘‘national service educational award’’ graph (2), the Corporation shall, subject to (B) by striking paragraphs (1) and (2) and the following: ‘‘or summer of service edu- paragraph (4), disburse the total amount of inserting the following: cational award, as applicable,’’; the summer of service educational awards ‘‘(1) $4,825, for fiscal year 2008; (8) in subsection (c)(2)(C)(iii), by inserting for which eligible individuals who have sub- ‘‘(2) $4,925, for fiscal year 2009; after ‘‘national service educational awards mitted applications to that program under ‘‘(3) $5,025, for fiscal year 2010; received under this subtitle’’ the following: paragraph (1) are scheduled to receive. Such ‘‘(4) $5,125, for fiscal year 2011; and ‘‘or summer of service educational awards disbursement shall be made by check or ‘‘(5) $5,225, for fiscal year 2012 and each fis- received under section 118(c)(8)’’; other means that is payable to the program cal year thereafter.’’; and (9) in subsection (c)(3), by inserting after and requires the endorsement or other cer- (2) in subsection (b), by inserting after ‘‘for ‘‘national service educational awards’’ the tification by the eligible individual. each of not more than 2 of such terms of following: ‘‘and summer of service edu- ‘‘(4) MULTIPLE DISBURSEMENTS.—The total service’’ the following: ‘‘in the period of one cational awards’’; amount required to be disbursed to a college year’’. (10) in subsection (c)(5)— preparatory program under paragraph (3) for SEC. 1404. DISBURSEMENT OF EDUCATIONAL (A) by inserting after ‘‘national service any period of enrollment may be disbursed AWARDS. educational award’’ the following: ‘‘, or sum- by the Corporation in two or more install- Section 148 (42 U.S.C. 12604) is amended— mer of service educational award, as applica- ments consistent with appropriate divisions (1) in subsection (a)— ble,’’; and of such period of enrollment.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1478 CONGRESSIONAL RECORD — HOUSE March 11, 2008

‘‘(5) REFUND RULES.—The Corporation approved national service positions for each Subtitle E—Amendments to Subtitle E shall, by regulation, provide for the refund fiscal year, the Corporation shall place in (National Civilian Community Corps) to the Corporation (and the crediting to the the account— SEC. 1501. PURPOSE. summer of service educational award of an ‘‘(i) during fiscal year 2008, a portion of the Section 151 (42 U.S.C. 12611) is amended to eligible individual) of amounts disbursed to funds that were appropriated for fiscal year read as follows: programs for the benefit of eligible individ- 2008 or a previous fiscal year under section ‘‘SEC. 151. PURPOSE. uals who withdraw or otherwise fail to com- 501(a)(2), were made available to carry out plete the period of enrollment for which the subtitle C, D, or E of this title, subtitle A of ‘‘It is the purpose of this subtitle to au- assistance was provided. Amounts refunded title I of the Domestic Volunteer Service Act thorize the operation of, and support for, res- to the Trust pursuant to this paragraph may of 1973, or summer of service under section idential and other service programs that be used by the Corporation to fund addi- 118(c)(8), and remain available; and combine the best practices of civilian service tional approved summer of service positions ‘‘(ii) during fiscal year 2009 or a subsequent with the best aspects of military service, in- under section 118(c)(8). fiscal year, a portion of the funds that were cluding leadership and team building, to ‘‘(6) MAXIMUM AWARD.—The portion of an appropriated for that fiscal year under sec- meet national and community needs. Such eligible individual’s total available summer tion 501(a)(2) and were made available to needs to be met under such programs include of service educational award that may be carry out subtitle C, D, or E of this title, those related to— disbursed under this subsection for any pe- subtitle A of title I of the Domestic Volun- ‘‘(1) natural and other disasters; riod of enrollment shall not exceed the cost teer Service Act of 1973, or summer of service ‘‘(2) infrastructure improvement; of attendance.’’; under section 111(a)(5), and remain available. ‘‘(3) environmental stewardship and con- servation; (15) in subsection (f) (as so redesignated), ‘‘(2) OBLIGATION.—The Corporation shall by striking ‘‘subsection (b)(6)’’ and inserting not obligate the funds in the reserve account ‘‘(4) energy conservation; and ‘‘subsection (b)(7)’’; and until the Corporation— ‘‘(5) urban and rural development.’’. (16) in subsection (g) (as so redesignated), ‘‘(A) determines that the funds will not be SEC. 1502. PROGRAM COMPONENTS. by striking ‘‘Director’’ and inserting ‘‘Chief needed for the payment of national service Section 152 (42 U.S.C. 12612) is amended— Executive Officer’’. educational awards associated with pre- (1) by amending the section heading to SEC. 1405. PROCESS OF APPROVAL OF NATIONAL viously approved national service positions read as follows: SERVICE POSITIONS. and summer of service educational awards; ‘‘SEC. 152. ESTABLISHMENT OF NATIONAL CIVIL- (a) IN GENERAL.—Subtitle D of title I (42 or IAN COMMUNITY CORPS PROGRAM.’’. U.S.C. 12601 et seq.) is further amended by ‘‘(B) obligates the funds for the payment of (2) in subsection (a), by striking ‘‘Civilian adding at the end the following new section: national service educational awards for such Community Corps Demonstration Program’’ ‘‘SEC. 149. PROCESS OF APPROVAL OF NATIONAL previously approved national service posi- and inserting ‘‘National Civilian Community SERVICE POSITIONS. tions or summer of service educational Corps Program’’; ‘‘(a) TIMING AND RECORDING REQUIRE- awards, as applicable. (3) in subsection (b)— MENTS.— (A) by striking ‘‘Civilian Community Corps ‘‘(1) IN GENERAL.—Notwithstanding sub- ‘‘(c) AUDITS.—The accounts of the Corpora- Demonstration Program’’ and inserting ‘‘Na- titles C and D, and any other provision of tion relating to the appropriated funds for tional Civilian Community Corps Program’’; law, in approving a position as an approved approved national service positions, and the and national service position, the Corporation— records demonstrating the manner in which (B) by striking ‘‘a Civilian Community ‘‘(A) shall approve the position at the time the Corporation has recorded estimates de- Corps’’ and inserting ‘‘a National Civilian the Corporation— scribed in subsection (a)(1)(B) as obligations, Community Corps’’; ‘‘(i) enters into an enforceable agreement shall be audited annually by independent with an individual participant to serve in a certified public accountants or independent (4) in the heading of subsection (c), by ROGRAMS’’ and inserting ‘‘COMPO- program carried out under subtitle E of title licensed public accountants certified or li- striking ‘‘P NENTS’’; and I of this Act or under title I of the Domestic censed by a regulatory authority of a State (5) in subsection (c), by striking ‘‘program Volunteer Service Act of 1973 (42 U.S.C. 4951 or other political subdivision of the United components are residential programs’’ and et seq.), or a summer of service educational States in accordance with generally accepted all that follows and inserting ‘‘programs re- award; or auditing standards. A report containing the ferred to in subsection (b) may include a res- ‘‘(ii) except as provided in clause (i), results of each such independent audit shall idential component.’’. awards a grant to (or enters into a contract be included in the annual report required by or cooperative agreement with) an entity to subsection (a)(3). SEC. 1503. ELIGIBLE PARTICIPANTS. carry out a program for which such a posi- ‘‘(d) AVAILABILITY OF AMOUNTS.—Except as Section 153 (42 U.S.C. 12613) is amended— tion is approved under section 123; and provided in subsection (b), all amounts in- (1) in subsection (a)— ‘‘(B) shall record as an obligation an esti- cluded in the National Service Trust under (A) by striking ‘‘Civilian Community Corps mate of the net present value of the national paragraphs (1), (2), and (3) of section 145(a) Demonstration Program’’ and inserting ‘‘Na- service educational award associated with shall be available for payments of national tional Civilian Community Corps Program’’; the position, based on a formula that takes service educational awards or summer of and into consideration historical rates of enroll- service educational awards under section (B) by striking ‘‘on Civilian Community ment in such a program, and of earning and 148.’’. Corps’’ and inserting ‘‘on National Civilian using national service educational awards (b) CONFORMING REPEAL.—Section 2 of the Community Corps’’; for such a program and remain available. Strengthen AmeriCorps Program Act (Public (2) in subsection (b), by striking ‘‘if the ‘‘(2) FORMULA.—In determining the formula Law 108–145; 117 Stat. 844; 42 U.S.C. 12605) is person’’ and all that follows through the pe- described in paragraph (1)(B), the Corpora- repealed. riod at the end and inserting ‘‘if the person tion shall consult with the Director of the will be at least 18 years of age on or before SEC. 1406. REPORT ON VETERANS SERVING IN Congressional Budget Office. December 31 in the calendar year in which APPROVED NATIONAL SERVICE PO- the individual enrolls in the program.’’; ‘‘(3) CERTIFICATION REPORT.—The Chief Ex- SITIONS. ecutive Officer of the Corporation shall an- (3) in subsection (c)— Subtitle D of title I (42 U.S.C. 12601 et seq.) nually prepare and submit to the Committee (A) by striking ‘‘BACKROUNDS’’ and insert- is further amended by adding at the end the on Education and Labor of the House of Rep- ing ‘‘BACKGROUNDS’’; and following new section: resentatives and the Committee on Health, (B) by adding at the end the following: Education, Labor, and Pensions of the Sen- ‘‘SEC. 150. REPORT ON VETERANS SERVING IN AP- ‘‘The Director shall take appropriate steps, ate a report that contains a certification PROVED NATIONAL SERVICE POSI- including through collaboration with the Of- TIONS. that the Corporation is in compliance with fice of Outreach and Recruitment, to in- the requirements of paragraph (1). ‘‘(a) IN GENERAL.—The Corporation shall crease the percentage of participants in the ‘‘(4) APPROVAL.—The requirements of this report annually to the Committee on Edu- program who are disadvantaged youth to- subsection shall apply to each approved na- cation and Labor of the House of Representa- ward 50 percent of all participants by year tional service position that the Corporation tives and the Committee on Health, Edu- 2010. The Director shall report to the Com- approves— cation, Labor, and Pensions of the Senate mittee on Education and Labor of the House ‘‘(A) during fiscal year 2008; and the number and percentage of veterans serv- of Representatives and the Committee on ‘‘(B) during any subsequent fiscal year. ing in approved national service positions. Health, Education, Labor, and Pensions of ‘‘(b) RESERVE ACCOUNT.— ‘‘(b) ANNUAL GOALS.—In the report de- the Senate annually on such efforts, any ‘‘(1) ESTABLISHMENT AND CONTENTS.— scribed in subsection (a), the Corporation challenges faced, and the annual participa- ‘‘(A) ESTABLISHMENT.—Notwithstanding shall outline strategies and goals for increas- tion rates of disadvantaged youth in the pro- subtitles C and D, and any other provision of ing the number and percentage of veterans gram.’’; and law, within the National Service Trust es- serving in approved national service posi- (4) by striking subsection (e). tablished under section 145, the Corporation tions each year, including strategies being SEC. 1504. SUMMER NATIONAL SERVICE PRO- shall establish a reserve account. undertaken to recruit veterans to serve in GRAM. ‘‘(B) CONTENTS.—To ensure the availability such positions, and include an evaluation of Section 154 (42 U.S.C. 12614) is amended— of adequate funds to support the awards of progress in meeting such goals.’’. (1) in subsection (a)—

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1479

(A) by striking ‘‘Civilian Community Corps ‘‘(e) DISTRIBUTION OF UNITS AND CAM- trator of the Environmental Protection Demonstration Program’’ and inserting ‘‘Na- PUSES.—’’; Agency, the Administrator of the Federal tional Civilian Community Corps Program’’; (B) by striking ‘‘camps are distributed’’ Emergency Management Agency, the Sec- and and inserting ‘‘campuses are cost-effective retary of Energy, the Secretary of Transpor- (B) by striking ‘‘on Civilian Community and are distributed’’; and tation, and the Chief of the United States Corps’’ and inserting ‘‘on National Civilian (C) by striking ‘‘rural areas’’ and all that Forest Service’’; Community Corps’’; and follows through the period at the end and in- (B) in paragraph (1)(B)— (2) in subsection (b), by striking ‘‘shall be’’ serting ‘‘rural areas such that each Corps (i) by inserting ‘‘community-based organi- and all that follows through the period at unit in a region can be easily deployed for zations and’’ before ‘‘representatives of local the end and inserting ‘‘shall be from eco- disaster and emergency response to such re- communities’’; and nomically and ethnically diverse back- gion.’’; and (ii) by striking ‘‘camp’’ both places such grounds, including youth who are in foster (6) in subsection (f)— term appears and inserting ‘‘campus’’; and care.’’. (A) in paragraph (1)— (C) in paragraph (2), by inserting ‘‘State SEC. 1505. TEAM LEADERS. (i) by striking ‘‘superintendent’’ and in- Commissions,’’ before ‘‘and persons involved Section 155 (42 U.S.C. 12615) is amended— serting ‘‘campus director’’; and in other youth service programs.’’; and (1) by amending the section heading to (ii) by striking ‘‘camp’’ both places such (3) in subsection (c)— read as follows: term appears and inserting ‘‘campus’’; (A) in paragraph (1)— ‘‘SEC. 155. NATIONAL CIVILIAN COMMUNITY (B) in paragraph (2)— (i) by striking ‘‘superintendent’’ both CORPS.’’; (i) in the matter preceding subparagraph places such term appears and inserting (2) in subsection (a)— (A), by striking ‘‘superintendent of a camp’’ ‘‘campus director’’; and (A) by striking ‘‘Civilian Community Corps and inserting ‘‘campus director of a cam- (ii) by striking ‘‘camp’’ both places such Demonstration Program’’ and inserting ‘‘Na- pus’’; term appears and inserting ‘‘campus’’; and tional Civilian Community Corps Program’’; (ii) in subparagraph (A)— (B) in paragraph (2), by striking ‘‘camp su- and (I) by striking ‘‘superintendent’’ and in- perintendents’’ and inserting ‘‘campus direc- (B) by striking ‘‘the Civilian Community serting ‘‘campus director’’; tors’’. Corps shall’’ and inserting ‘‘the National Ci- (II) by striking ‘‘superintendent’s’’ and in- SEC. 1508. AUTHORIZED BENEFITS FOR CORPS vilian Community Corps shall’’; serting ‘‘campus director’s’’; and MEMBERS. (3) in subsection (b)— (III) by striking ‘‘camp’’ each place such Section 158 (42 U.S.C. 12618) is amended— (A) by amending the subsection heading to term appears and inserting ‘‘campus’’; and (1) in subsection (a) by inserting ‘‘Na- read as follows: (iii) in subparagraph (B), by striking ‘‘su- tional’’ before ‘‘Civilian Community Corps’’; ‘‘(b) MEMBERSHIP IN NATIONAL CIVILIAN perintendent’’ and inserting ‘‘campus direc- and COMMUNITY CORPS.—’’; tor’’; and (2) in subsection (c)— (B) in paragraph (1), by inserting ‘‘Na- (C) in paragraph (3), by striking ‘‘camp su- (A) in the matter preceding paragraph (1)— tional’’ before ‘‘Civilian Community Corps’’; perintendent’’ and inserting ‘‘campus direc- (i) by inserting ‘‘National’’ before ‘‘Civil- (C) in paragraph (3)— tor’’. ian Community Corps’’; and (i) by striking ‘‘superintendent’’ and in- SEC. 1506. TRAINING. (ii) by inserting before the colon the fol- serting ‘‘campus director’’; and Section 156 (42 U.S.C. 12616) is amended— lowing: ‘‘, as the Director determines appro- (ii) by striking ‘‘camp’’ and inserting (1) in subsection (a)— priate’’; ‘‘campus’’; and (A) by inserting ‘‘National’’ before ‘‘Civil- (B) in paragraph (6), by striking ‘‘Cloth- (D) by adding at the end the following: ian Community Corps’’; and ing’’ and inserting ‘‘Uniforms’’; and ‘‘(4) TEAM LEADERS.—The Director may se- (B) by adding at the end the following: (C) in paragraph (7), by striking ‘‘Rec- lect from Corps members individuals with ‘‘The Director shall ensure that to the ex- reational services and supplies’’ and insert- prior supervisory or service experience to be tent practicable, each member of the Corps ing ‘‘Supplies’’. team leaders within units in the National Ci- is trained in CPR, first aid, and other skills SEC. 1509. PERMANENT CADRE. vilian Community Corps to perform service related to disaster preparedness and re- Section 159 (42 U.S.C. 12619) is amended— that includes leading and supervising teams sponse.’’; (1) in subsection (a)— of Corps members. Team leaders shall— (2) in subsection (b)(1), by inserting before (A) in the matter preceding paragraph (1), ‘‘(A) be selected without regard to the age the period at the end the following: ‘‘, in- by striking ‘‘Civilian Community Corps limitation under section 153(b); cluding a focus on energy conservation, envi- Demonstration Program’’ and inserting ‘‘Na- ‘‘(B) be members of the National Civilian ronmental stewardship or conservation, in- tional Civilian Community Corps Program’’; Community Corps; and frastructure improvement, urban and rural and ‘‘(C) be provided the rights and benefits ap- development, or disaster preparedness (B) in paragraph (1)— plicable to Corps members, except that the needs’’; and (i) by inserting ‘‘including those’’ before limitation on the amount of living allowance (3) by amending subsection (c)(2) to read as ‘‘recommended’’; and shall not exceed 10 percent more than the follows: (ii) by inserting ‘‘National’’ before ‘‘Civil- amount established under section 158(b).’’; ‘‘(2) COORDINATION WITH OTHER ENTITIES.— ian Community Corps’’; (4) in subsection (d)— Members of the cadre may provide, either di- (2) in subsection (b)(1), by inserting ‘‘Na- (A) by amending the subsection heading to rectly or through grants, contracts, or coop- tional’’ before ‘‘Civilian Community Corps’’; read as follows: erative agreements, the advanced service (3) in subsection (c)— ‘‘(d) CAMPUSES.—’’; training referred to in subsection (b)(1) in co- (A) in paragraph (1)(B)(i), by inserting ‘‘Na- (B) in paragraph (1)— ordination with vocational or technical tional’’ before ‘‘Civilian Community Corps’’; (i) by amending the paragraph heading to schools, other employment and training pro- and read as follows: viders, existing youth service programs, (B) in paragraph (2)— ‘‘(1) UNITS TO BE ASSIGNED TO other qualified individuals, or organizations (i) in subparagraph (A)— CAMPUSES.—’’; with expertise in training youth, including (I) by striking ‘‘The Director shall estab- (ii) by striking ‘‘in camps’’ and inserting disadvantaged youth, in the skill areas de- lish a permanent cadre of’’ and inserting ‘‘in campuses’’; scribed in such subsection.’’. ‘‘The Chief Executive Officer shall establish (iii) by striking ‘‘camp’’ and inserting SEC. 1507. CONSULTATION WITH STATE COMMIS- a permanent cadre that includes the Director ‘‘campus’’; and SIONS. and other appointed’’; and (iv) by striking ‘‘in the camps’’ and insert- Section 157 (42 U.S.C. 12617) is amended— (II) by inserting ‘‘National’’ before ‘‘Civil- ing ‘‘in the campuses’’; (1) in subsection (a)— ian Community Corps’’; (C) by amending paragraph (2) to read as (A) in the matter preceding paragraph (1), (ii) in subparagraph (B), by striking ‘‘The follows: by inserting ‘‘National’’ before ‘‘Civilian Director shall appoint the members’’ and in- ‘‘(2) CAMPUS DIRECTOR.—There shall be a Community Corps’’; serting ‘‘The Chief Executive Officer shall campus director for each campus. The cam- (B) in paragraph (1), by inserting before the consider the recommendations of the Direc- pus director is the head of the campus.’’; semicolon the following: ‘‘with specific em- tor in appointing the other members’’; (D) in paragraph (3)— phasis on projects in support of infrastruc- (iii) in subparagraph (C)— (i) by amending the paragraph heading to ture improvement, disaster relief and recov- (I) in the matter preceding clause (i), by read as follows: ery, the environment, energy conservation, striking ‘‘the Director’’ and inserting ‘‘the ‘‘(3) ELIGIBLE SITE FOR CAMPUS.—’’; and urban and rural development’’; and Chief Executive Officer’’; (ii) by striking ‘‘A camp may be located’’ (C) in paragraph (2) by striking ‘‘service (II) in clause (iii) by striking ‘‘and’’ at the and inserting ‘‘A campus must be cost-effec- learning’’ and inserting ‘‘service-learning’’; end; tive and may, upon the completion of a feasi- (2) in subsection (b)— (III) by redesignating clause (iv) as (v); and bility study, be located’’; (A) in paragraph (1)(A), by striking ‘‘and (IV) by inserting after clause (iii) the fol- (5) in subsection (e)— the Secretary of Housing and Urban Develop- lowing: (A) by amending the paragraph heading to ment’’ and inserting ‘‘the Secretary of Hous- ‘‘(iv) give consideration to retired and read as follows: ing and Urban Development, the Adminis- other former law enforcement, fire, rescue,

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1480 CONGRESSIONAL RECORD — HOUSE March 11, 2008 and emergency personnel, and other individ- SEC. 1514. REPEAL OF FUNDING LIMITATION. (iii) by inserting after subparagraph (C) the uals with backgrounds in disaster prepared- Section 165 (42 U.S.C. 12625) is repealed. following: ness, relief, and recovery; and’’; and SEC. 1515. DEFINITIONS. ‘‘(D) in a grievance filed by an individual (iv) in subparagraph (E)— Section 166 (42 U.S.C. 12626) is amended— applicant or participant— (I) by inserting after ‘‘techniques’’ the fol- (1) by striking paragraphs (2), (3), and (9); ‘‘(i) the applicant’s selection or the partici- lowing: ‘‘, including techniques for working (2) by redesignating paragraphs (4) through pant’s reinstatement, as the case may be; with and enhancing the development of dis- (8) as paragraphs (5) through (9), respec- and advantaged youth,’’; and tively; ‘‘(ii) other changes in the terms and condi- (II) by striking ‘‘service learning’’ and in- (3) by inserting after paragraph (1) the fol- tions of service; and’’. serting ‘‘service-learning’’; and lowing: SEC. 1604. RESOLUTION OF DISPLACEMENT COM- (C) in the first sentence of paragraph (3), ‘‘(2) CAMPUS DIRECTOR.—The term ‘campus PLAINTS. by striking ‘‘the members’’ and inserting director’, with respect to a Corps campus, ‘‘other members’’. means the head of the campus under section Section 177 (42 U.S.C. 12637) is amended— (1) in subsections (a) and (b), by striking SEC. 1510. CONTRACT AND GRANT AUTHORITY. 155(d). ‘‘under this title’’ each place it appears and Section 161 (42 U.S.C. 12621) is amended— ‘‘(3) CORPS.—The term ‘Corps’ means the (1) in subsection (a), by striking ‘‘perform National Civilian Community Corps required inserting ‘‘under the national service laws’’; any program function under this subtitle’’ under section 155 as part of the Civilian Com- (2) in subsection (b)(1), by striking ‘‘em- and inserting ‘‘carry out the National Civil- munity Corps Program. ployee or position’’ and inserting ‘‘employee, position, or volunteer (other than a partici- ian Community Corps program’’; and ‘‘(4) CORPS CAMPUS.—The term ‘Corps cam- (2) in subsection (b)(2), by inserting ‘‘Na- pus’ means the facility or central location pant under the national service laws)’’; and tional’’ before ‘‘Civilian Community Corps’’. established as the operational headquarters (3) by adding at the end the following: SEC. 1511. OTHER DEPARTMENTS. and boarding place for particular Corps ‘‘(f) PARENTAL INVOLVEMENT.— Section 162 (42 U.S.C. 12622) is amended— units.’’; ‘‘(1) IN GENERAL.—Programs that receive (1) in subsection (a)— (4) in paragraph (5) (as so redesignated), by assistance under the national service laws (A) in paragraph (1)— striking ‘‘Civilian Community Corps Dem- shall consult with the parents or legal guard- (i) in subparagraph (A), by inserting ‘‘Na- onstration Program’’ and inserting ‘‘Na- ians of children in developing and operating tional’’ before ‘‘Civilian Community Corps’’; tional Civilian Community Corps Program’’; programs that include and serve children. and (5) in paragraph (6) (as so redesignated), by ‘‘(2) PARENTAL PERMISSION.—Programs that (ii) in subparagraph (B)(i), by striking ‘‘the inserting ‘‘National’’ before ‘‘Civilian Com- receive assistance under the national service registry established by’’ and all that follows munity Corps’’; laws shall, consistent with State law, before through the semicolon and inserting ‘‘the (6) in paragraph (8) (as so redesignated), by transporting minor children, provide the rea- registry established by section 1143a of title striking ‘‘The terms’’ and all that follows son for and obtain written permission of the 10, United States Code;’’; through ‘‘Demonstration Program’’ and in- children’s parents.’’. (B) in paragraph (2)(A), by striking ‘‘to be serting ‘‘The term ‘Program’ means the Na- SEC. 1605. STATE COMMISSIONS ON NATIONAL recommended for appointment’’ and insert- tional Civilian Community Corps Program’’; AND COMMUNITY SERVICE. ing ‘‘from which individuals may be selected and Section 178 (42 U.S.C. 12638) is amended— for appointment by the Director’’; and (7) in paragraph (9) (as so redesignated)— (1) in subsection (c)(1), by adding at the (C) in paragraph (3), by inserting ‘‘Na- (A) in the heading by striking ‘‘SERVICE tional’’ before ‘‘Civilian Community Corps’’; end the following: LEARNING’’ and inserting ‘‘SERVICE-LEARN- ‘‘(J) A representative of the volunteer sec- and ING’’; and (2) by striking subsection (b). tor.’’; (B) in the matter preceding subparagraph (2) in subsection (c)(3), by striking ‘‘, un- SEC. 1512. ADVISORY BOARD. (A) by striking ‘‘service learning’’ and in- less the State permits the representative to Section 163 (42 U.S.C. 12623) is amended— serting ‘‘service-learning’’. serve as a voting member of the State Com- (1) in subsection (a)— SEC. 1516. TERMINOLOGY. (A) by striking ‘‘Upon the establishment of mission or alternative administrative enti- Subtitle E of title I (42 U.S.C. 12611 et seq.) ty’’; the Program, there shall also be’’ and insert- is amended— ing ‘‘There shall be’’; (3) by striking subsection (e)(1) and insert- (1) by striking the subtitle heading and in- ing the following: (B) by inserting ‘‘National’’ before ‘‘Civil- serting the following: ian Community Corps Advisory Board’’; and ‘‘(1) Preparation of a national service plan ‘‘Subtitle E—National Civilian Community (C) by striking ‘‘to assist’’ and all that fol- for the State that— lows through the period at the end and in- Corps’’; ‘‘(A) is developed through an open and pub- serting ‘‘to assist the Corps in responding and lic process (such as through regional forums, rapidly and efficiently in times of natural (2) in section 160(a) (42 U.S.C. 12620(a)) by hearings, and other means) that provides for and other disasters. Consistent with the inserting ‘‘National’’ before ‘‘Civilian Com- maximum participation and input from com- needs outlined in section 151, the Advisory munity Corps’’. panies, organizations, and public agencies Board members shall help coordinate activi- Subtitle F—Amendments to Subtitle F using service and volunteerism as a strategy ties with the Corps as appropriate, including (Administrative Provisions) to meet critical community needs, including programs funded under the national service the mobilization of volunteers and coordina- SEC. 1601. FAMILY AND MEDICAL LEAVE. laws; tion of volunteer centers to help local com- Section 171(a)(1) (42 U.S.C. 12631(a)(1)) is munities recover from the effects of natural amended by striking ‘‘with respect to a ‘‘(B) covers a 3-year period, the beginning and other disasters.’’; project’’ and inserting ‘‘with respect to a of which may be set by the State; (2) in subsection (b)— project authorized under the national service ‘‘(C) is subject to approval by the chief ex- (A) by redesignating paragraphs (8) and (9) laws’’. ecutive officer of the State; ‘‘(D) includes measurable goals and out- as paragraphs (13) and (14), respectively; SEC. 1602. ADDITIONAL PROHIBITIONS ON USE (B) by inserting after paragraph (7) the fol- OF FUNDS. comes for the State consistent with those for lowing: Section 174 (42 U.S.C. 12634) is amended by national service programs as described in ‘‘(8) The Administrator of the Federal adding at the end the following: section 179(a)(1)(A); Emergency Management Agency. ‘‘(d) REFERRALS FOR FEDERAL ASSIST- ‘‘(E) ensures outreach to diverse commu- ‘‘(9) The Secretary of Transportation. ANCE.—A program may not receive assist- nity-based agencies that serve underrep- ‘‘(10) The Chief of the United States Forest ance under the national service laws for the resented populations, by— Service. sole purpose of referring individuals to Fed- ‘‘(i) using established networks and reg- ‘‘(11) The Administrator of the Environ- eral assistance programs or State assistance istries at the State level, or establishing mental Protection Agency. programs funded in part by the Federal gov- such networks and registries; and ‘‘(12) The Secretary of Energy.’’; and ernment.’’. ‘‘(ii) coordinating with the Corporation’s (C) in paragraph (13), as so redesignated, by SEC. 1603. NOTICE, HEARING, AND GRIEVANCE Office of Outreach and Recruitment; striking ‘‘industry,’’ and inserting ‘‘public PROCEDURES. ‘‘(F) provides for effective coordination of and private organizations,’’. Section 176 (42 U.S.C. 12636) is amended— funding applications submitted by the State SEC. 1513. ANNUAL EVALUATION. (1) in subsection (a)(2)(A), by striking ‘‘30 and others within the State under the na- Section 164 (42 U.S.C. 12624) is amended— days’’ and inserting ‘‘1 or more periods of 30 tional service laws; (1) by inserting ‘‘National’’ before ‘‘Civil- days not to exceed 90 days in total’’; and ‘‘(G) is updated annually, reflecting ian Community Corps’’; and (2) in subsection (f)— changes in practices and policies that will (2) by adding at the end the following: (A) in paragraph (1), by striking ‘‘A State improve the coordination and effectiveness ‘‘Upon completing each such evaluation, the or local applicant’’ and inserting ‘‘An enti- of Federal, State, and local resources for Corporation shall submit to the Committee ty’’; and service and volunteerism within the State; on Health, Education, Labor, and Pensions of (B) in paragraph (6)— and the Senate and the Committee on Education (i) in subparagraph (C), by striking ‘‘and’’; ‘‘(H) contains such information as the and Labor of the House of Representatives a (ii) by redesignating subparagraph (D) as State Commission considers to be appro- report on the evaluation.’’. subparagraph (E); and priate or as the Corporation may require.’’;

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1481 (4) by redesignating subsections (f) through ‘‘(A) an evaluation of performance meas- to the appropriate State, Territory, or In- (j) as subsections (h) through (l), respec- ures, as established by the Corporation in dian tribe and the Corporation. tively; consultation with each grantee receiving as- ‘‘(l) FAILURE TO MEET PERFORMANCE LEV- (5) by inserting after subsection (e) the fol- sistance under the national service laws, ELS.—If, after a period for correction as ap- lowing: which may include— proved by the Corporation, a grantee or sub- ‘‘(f) RELIEF FROM ADMINISTRATIVE RE- ‘‘(i) number of participants enrolled and grantee fails to achieve the established lev- QUIREMENTS.—Upon approval of a State plan completing terms of service compared to the els of performance, the Corporation shall— submitted under subsection (e)(1), the Chief stated goals of the program; ‘‘(1) reduce the annual amount of the grant Executive Officer may waive, or specify al- ‘‘(ii) number of volunteers recruited from award attributable to the underperforming ternatives to, administrative requirements the community in which the program was grantee or subgrantee by at least 25 percent; (other than statutory provisions) otherwise implemented; or applicable to grants made to States under ‘‘(iii) if applicable based on the program ‘‘(2) terminate assistance to the underper- the national service laws, including those re- design, the number of individuals receiving forming grantee or subgrantee, consistent quirements identified by a State as impeding or benefitting from the service conducted; with section 176(a). the coordination and effectiveness of Fed- ‘‘(iv) number of disadvantaged and under- ‘‘(m) REPORTS.—The Corporation shall sub- eral, State, and local resources for service represented youth participants; mit to the Committee on Education and and volunteerism within a State. ‘‘(v) sustainability of project or program, Labor of the House of Representatives and ‘‘(g) STATE PLAN FOR BABY BOOMER AND including measures to ascertain the level of the Committee on Health, Education, Labor, OLDER ADULT VOLUNTEER AND PAID SERV- community support for the project or pro- and Pensions of the Senate not later than ICE.— gram; two years after the date of the enactment of ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(vi) measures to ascertain the change in this subsection, and annually thereafter, a other provision of this section, to be eligible attitude toward civic engagement among the report containing information on the num- to receive a grant or allotment under sub- participants and the beneficiaries of the ber of— title B or C or to receive a distribution of ap- service; and ‘‘(1) grantees implementing corrective ac- proved national service positions under sub- ‘‘(vii) other quantitative and qualitative tion plans; title C, a State must work with appropriate measures as determined to be appropriate by ‘‘(2) grantees for which the Corporation of- State agencies and private entities to de- the recipient of assistance; and fers technical assistance under subsection velop a comprehensive State plan for volun- ‘‘(B) review of the implementation plan for (k); teer and paid service by members of the reaching such measures described in sub- ‘‘(3) grantees for which the Corporation Baby Boom generation and older adults. paragraph (A); and terminates assistance for a program under ‘‘(2) MATTERS INCLUDED.—The State plan ‘‘(2) the effectiveness of the structure and subsection (l); and shall include— mechanisms for delivery of services, such as ‘‘(4) grantees meeting or exceeding their ‘‘(A) recommendations for public policy the effective utilization of the participants’ performance measures in subsection (a).’’. initiatives, including how to best tap the time, the management of the participants, SEC. 1607. TECHNICAL AMENDMENT. population of members of the Baby Boom and the ease with which recipients were able Section 181 (42 U.S.C. 12641) is amended by generation and older adults as sources of so- to receive services, to maximize the cost-ef- striking ‘‘Section 414’’ and inserting ‘‘Sec- cial capital and as ways to address commu- fectiveness and the impact of such pro- tion 422’’. nity needs; grams.’’; SEC. 1608. PARTNERSHIPS WITH SCHOOLS. ‘‘(B) recommendations to the State unit on (2) in subsection (g)— Section 182(b) (42 U.S.C. 12642(b)) is amend- aging on— (A) in paragraph (3), by striking ‘‘National ed to read as follows: ‘‘(i) a marketing outreach plan to busi- Senior Volunteer Corps’’ and inserting ‘‘Na- ‘‘(b) ANNUAL REPORT.—On an annual basis, nesses; tional Senior Service Corps’’; and the head of each Federal agency and depart- ‘‘(ii) outreach to non-profit organizations; (B) in paragraph (9), by striking ‘‘to public ment shall prepare and submit, to the Com- ‘‘(iii) the State’s Department of Education; service’’ and all that follows through the pe- mittee on Education and Labor of the House and riod at the end and inserting ‘‘to engage in of Representatives and the Committee on ‘‘(iv) other State agencies; and service that benefits the community.’’; and Health, Education, Labor, and Pensions of ‘‘(C) recommendations for civic engage- (3) by adding at the end the following: the Senate, a report concerning the imple- ment and multigenerational activities, such mentation of this section, including an eval- ‘‘(j) RESERVED PROGRAM FUNDS FOR AC- as— uation of the performance goals and bench- COUNTABILITY.—In addition to amounts ap- ‘‘(i) early childhood education, family lit- marks of the partnership programs.’’. eracy, and after school programs; propriated to carry out this section, the Cor- poration may reserve up to 1 percent of total SEC. 1609. RIGHTS OF ACCESS, EXAMINATION, ‘‘(ii) respite services for older adults and AND COPYING. program funds appropriated for a fiscal year caregivers; and Section 183 (42 U.S.C. 12643) is amended— under the national service laws to support ‘‘(iii) transitions for members of the Baby (1) in each of subsections (a)(1) and (b)(1) program accountability activities under this Boom generation and older adults to pur- by inserting after ‘‘local government,’’ the section. poseful work in their post career lives. following: ‘‘Territory,’’; and ‘‘(3) KNOWLEDGE INCORPORATED.—The State ‘‘(k) CORRECTIVE PLANS.— (2) by adding at the end the following: plan shall incorporate the current knowledge ‘‘(1) IN GENERAL.—A grantee that fails to ‘‘(c) INSPECTOR GENERAL.—The Inspector base regarding— reach the performance measures in sub- General of the Corporation shall have access ‘‘(A) the economic impact of older workers’ section (a)(1)(A) as determined by the Cor- to, and the right to examine and copy, any roles in the economy; poration, shall reach an agreement with the books, documents, papers, records, and other ‘‘(B) the social impact of older workers’ Corporation on a corrective action plan to recorded information in any form— roles in the community; and achieve the agreed upon performance meas- ‘‘(1) within the possession or control of the ‘‘(C) the health and social benefits of ac- ures. Corporation or any State or local govern- tive engagement for members of the Baby ‘‘(2) ASSISTANCE.— ment, Territory, Indian tribe, or public or Boom generation and older adults. ‘‘(A) NEW PROGRAM.—For a program that private nonprofit organization receiving as- ‘‘(4) PUBLICATION.—The State plan must be has received assistance for less than 3 years sistance directly or indirectly under this made public and be transmitted to the Chief and is failing to achieve the performance Act; and Executive Officer.’’; and measures agreed upon under subsection ‘‘(2) that relates to the duties of the In- (6) in subsection (k)(1) (as redesignated by (a)(1)(A), the Corporation shall— spector General under the Inspector General this section), by striking the period at the ‘‘(i) provide technical assistance to the Act of 1978.’’. end and inserting ‘‘, consistent with section grantee to address targeted performance SEC. 1610. ADDITIONAL ADMINISTRATIVE PROVI- 174(d).’’. problems relating to the performance meas- SIONS. SEC. 1606. EVALUATION AND ACCOUNTABILITY. ures in subsection (a)(1)(A); and Subtitle F of title I (42 U.S.C. 12631 et seq.) Section 179 (42 U.S.C. 12639) is amended— ‘‘(ii) require quarterly reports from the is amended by adding at the end the fol- (1) by amending subsection (a) to read as grantee on the program’s progress toward lowing: follows: achieving the performance measures in sub- ‘‘SEC. 185. CONSOLIDATED APPLICATION AND RE- ‘‘(a) IN GENERAL.—The Corporation shall section (a)(1)(A) to the appropriate State, PORTING REQUIREMENTS. provide, directly or through grants or con- Territory, or Indian tribe and the Corpora- ‘‘(a) IN GENERAL.—To promote efficiency tracts, for the continuing evaluation of pro- tion. and eliminate duplicative requirements, the grams that receive assistance under the na- ‘‘(B) ESTABLISHED PROGRAMS.—For a pro- Corporation shall consolidate or modify ap- tional service laws, including evaluations gram that has received assistance for 3 years plication procedures and reporting require- that measure the impact of such programs, or more and is failing to achieve the per- ments for programs and activities funded to determine— formance measures agreed upon under sub- under the national service laws. ‘‘(1) the effectiveness of programs receiving section (a)(1)(A), the Corporation shall re- ‘‘(b) REPORTS TO CONGRESS.—Not later than assistance under the national service laws in quire quarterly reports from the grantee on 1 year after the date of the enactment of this achieving stated goals and the costs associ- the program’s progress towards achieving section, and annually thereafter, the Cor- ated with such, including— performance measures in subsection (a)(1)(A) poration shall submit to the Committee on

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1482 CONGRESSIONAL RECORD — HOUSE March 11, 2008 Education and Labor of the House of Rep- ‘‘(1) the submission of periodic reports on for a program serving disadvantaged youth, resentatives and the Committee on Health, the use of funds provided under this section; increased costs relating to the participation Education, Labor, and Pensions of the Sen- and of individuals with disabilities, and start-up ate a report containing information on the ‘‘(2) consultation by the recipient with costs associated with a first-time grantee. actions taken to modify the application pro- members of the community that will benefit ‘‘(2) REPORTS.—The Chief Executive Officer cedures and reporting requirements for pro- from the payments. shall report to the Committee on Education grams and activities funded under the na- ‘‘(c) AVAILABILITY OF FUNDS.—Notwith- and Labor of the House of Representatives tional service laws, including a description standing any other provision of law, the and the Committee on Health, Education, of the consultation procedures with grant- funds made available under this section shall Labor, and Pensions of the Senate annually ees, entities that expressed interest in apply- remain available for expenditure for a period on all waivers granted under this section, ing for assistance under a national service of time considered reasonable by the Cor- with an explanation of the compelling needs law but did not apply, those entities whose poration, but in no case to exceed more than justifying such waivers. application was rejected, and applications 3 fiscal years following the later of— ‘‘SEC. 189C. AUDITS AND REPORTS. whose assistance was terminated due to fail- ‘‘(1) the fiscal year in which final agency ‘‘The Corporation shall comply with appli- ure to meet performance measures for the action regarding the disallowance of funds is cable audit and reporting requirements as year covered by the report. taken; or provided in the Chief Financial Officers Act ‘‘SEC. 186. SUSTAINABILITY. ‘‘(2) if such recipient files a petition for ju- of 1990 (31 U.S.C. 501 et seq.) and the Govern- ‘‘(a) GOALS.—To ensure that recipients of dicial review regarding the disallowance of ment Corporation Control Act of 1945 (31 assistance under the national service laws funds, the fiscal year in which final judicial U.S.C. 9101 et seq.). The Corporation shall re- are carrying out sustainable projects or pro- action is taken on such a petition. port to the Congress any failure to comply grams, the Corporation, after collaboration ‘‘(d) PUBLICATION IN FEDERAL REGISTER.— with the requirements of such audits. At least 60 days prior to entering into an ar- with State Commissions and consultation ‘‘SEC. 189D. CRIMINAL HISTORY CHECKS. rangement under this section, the Corpora- with recipients of assistance under the na- ‘‘(a) IN GENERAL.—Entities selecting indi- tional service laws, may set sustainability tion shall publish in the Federal Register a notice of intent to enter into such an ar- viduals to serve in a position in which the in- goals supported by policies and procedures dividual receives a Corporation grant-funded to— rangement and the terms and conditions under which payments will be made. Inter- living allowance, stipend, education award, ‘‘(1) build the capacity of the projects that salary, or other remuneration in a program receive assistance under the national service ested persons shall have an opportunity for at least 30 days to submit comments to the receiving assistance under the national serv- laws to meet community needs and lessen ice laws, shall, subject to regulations and re- the dependence on Federal dollars to do so, Corporation regarding the proposed arrange- ment. quirements established by the Corporation, taking into consideration challenges that conduct criminal history checks for such in- ‘‘SEC. 188. EXPENSES OF ATTENDING MEETINGS. programs in underserved rural or urban dividuals. ‘‘Notwithstanding section 1345 of title 31, areas may face; ‘‘(b) REQUIREMENTS.—A criminal history United States Code, funds authorized under ‘‘(2) provide technical assistance to aid the check shall, except in cases approved for the national service laws shall be available recipients of assistance under the national good cause by the Corporation, include a for expenses of attendance of meetings that service laws in acquiring and leveraging non- name-based search of the National Sex Of- are concerned with the functions or activi- Federal funds for the projects; and fender Registry established under the Adam ties for which the funds are appropriated or ‘‘(3) implement measures to ascertain Walsh Child Protection and Safety Act of which will contribute to improved conduct, whether the projects are generating suffi- 2006 (42 U.S.C. 16901 et seq.) and— supervision, or management of those func- cient community support. ‘‘(1) a search of the State criminal registry tions or activities. ‘‘(b) ENFORCEMENT.—If a recipient does not or repository in the State in which the pro- meet the sustainability goals in subsection ‘‘SEC. 189. GRANT PERIODS. gram is operating and the State in which the (a) for a project, the Corporation may take ‘‘Unless otherwise specifically provided, individual resides at the time of application; action as described in sections 176 and 179. the Corporation has authority to make a or ‘‘SEC. 187. USE OF RECOVERED FUNDS. grant under the national service laws for a ‘‘(2) a Federal Bureau of Investigation fin- ‘‘(a) FACTORS CONSIDERED IN APPROVING period of 3 years. gerprint check. REPAYMENT.—After the date of enactment of ‘‘SEC. 189A. GENERATION OF VOLUNTEERS. ‘‘(c) ELIGIBILITY PROHIBITION.—An indi- this section, whenever the Corporation re- ‘‘In making decisions on applications for vidual shall be ineligible to serve in a posi- covers funds paid to a recipient under a assistance or approved national service posi- tion described under subsection (a) if such grant or cooperative agreement made under tions under the national service laws, the individual— the national service laws because the recipi- Corporation shall take into consideration ‘‘(1) refuses to consent to the criminal his- ent made an expenditure of funds that was the extent to which the applicant’s proposal tory check described in subsection (b); not allowable, or otherwise failed to dis- will increase the involvement of volunteers ‘‘(2) makes a false statement in connection charge its responsibility to account properly in meeting community needs. with such criminal history check; for funds, the Corporation may consider ‘‘SEC. 189B. LIMITATION ON PROGRAM GRANT ‘‘(3) is registered, or is required to be reg- those funds to be additional funds available COSTS. istered, on a State sex offender registry or and may arrange to repay to the recipient af- ‘‘(a) LIMITATION ON GRANT AMOUNTS.—Ex- the National Sex Offender Registry estab- fected by that action an amount not to ex- cept as otherwise provided by this section, lished under the Adam Walsh Child Protec- ceed 75 percent of the recovered funds if the the amount of funds approved by the Cor- tion and Safety Act of 2006 (42 U.S.C. 16901 et Corporation determines that— poration in a grant to operate a program au- seq.); or ‘‘(1) the practices or procedures of the re- thorized under the national service laws sup- ‘‘(4) has been convicted of murder, as de- cipient that resulted in the recovery of funds porting individuals serving in approved na- scribed in section 1111 of title 18, United have been corrected, and that the recipient tional service positions may not exceed States Code.’’. is in all other respects in compliance with $16,000 per full-time equivalent position. Subtitle G—Amendments to Subtitle G (Cor- the requirements of the grant or cooperative ‘‘(b) COSTS SUBJECT TO LIMITATION.—The poration for National and Community Serv- agreement, if the recipient was notified of limitation in subsection (a) applies to the ice) any noncompliance with such requirements Corporation’s share of member support costs, and given a reasonable period of time to staff costs, and other costs borne by the SEC. 1701. TERMS OF OFFICE. remedy such noncompliance; grantee or subgrantee to operate a program. Section 192 (42 U.S.C. 12651a) is amended— ‘‘(2) the recipient has submitted to the Cor- ‘‘(c) COSTS NOT SUBJECT TO LIMITATION.— (1) by striking subsection (c) and inserting poration a plan for the use of those funds The limitation in subsection (a) and (e)(1) the following: consistent with the national service laws shall not apply to expenses that are not in- ‘‘(c) TERMS.—Subject to subsection (e), and, to the extent possible, for the benefit of cluded in the program operating grant each appointed member shall serve for a the community affected by the recovery of award. term of 5 years.’’; funds; and ‘‘(d) ADJUSTMENTS FOR INFLATION.—The (2) by adding at the end the following: ‘‘(3) the use of those funds in accordance amount specified in subsections (a) and (e)(1) ‘‘(e) SERVICE UNTIL APPOINTMENT OF SUC- with that plan would serve to achieve the ob- shall be adjusted each year after 2008 for in- CESSOR.—A voting member of the Board jectives of the grant or cooperative agree- flation as measured by the Consumer Price whose term has expired may continue to ment under which the funds were originally Index for All Urban Consumers published by serve for one year beyond expiration of the paid. the Secretary of Labor. term if no successor is appointed or until the ‘‘(b) TERMS AND CONDITIONS OF REPAY- ‘‘(e) WAIVER AUTHORITY AND REPORTING RE- date on which a successor has taken office.’’. MENT.—Any payments by the Corporation QUIREMENT.— SEC. 1702. BOARD OF DIRECTORS AUTHORITIES under this section shall be subject to other ‘‘(1) WAIVER.—The Chief Executive Officer AND DUTIES. terms and conditions as the Corporation con- may waive the requirements of this section, Section 192A(g) (42 U.S.C. 12651b(g)) is siders necessary to accomplish the purposes up to a maximum of $18,000, if necessary to amended— of the grant or cooperative agreement, in- meet the compelling needs of a particular (1) in the matter preceding paragraph (1) cluding— program, such as exceptional training needs by striking ‘‘shall—’’ and inserting ‘‘shall

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1483 have responsibility for setting overall policy have specialized experience in the recruit- and other institutions or organizations from for the Corporation and shall—’’; ment of volunteers.’’. which participants for programs receiving (2) in paragraph (1), by inserting before the SEC. 1704. NONVOTING MEMBERS; PERSONAL assistance from the national service laws can semicolon at the end the following: ‘‘, and re- SERVICES CONTRACTS. be recruited; view the budget proposal in advance of sub- Section 195 (42 U.S.C. 12651f) is amended— ‘‘(2) to identify and implement methods of mission to the Office of Management and (1) in subsection (c)— recruitment to increase the diversity of par- Budget and to Congress’’; (A) in paragraph (2)(B), by inserting after ticipants in the programs receiving assist- (3) in paragraph (5)— ‘‘subdivision of a State,’’ the following: ance under the national service laws; (A) in subparagraph (A) by striking ‘‘and’’ ‘‘Territory,’’; and ‘‘(3) to collaborate with organizations with at the end; (B) in paragraph (3)— demonstrated expertise in supporting and ac- (B) in subparagraph (B) by inserting ‘‘and’’ (i) in the heading, by striking ‘‘MEMBER’’ commodating individuals with disabilities, at the end; and and inserting ‘‘NON-VOTING MEMBER’’; and including institutions of higher education, to (C) by adding at the end the following: (ii) by inserting ‘‘non-voting’’ before identify and implement methods of recruit- ‘‘(C) review the performance of the Chief ‘‘member’’; and ment to increase the number of participants Executive Officer annually and forward a re- (2) by adding at the end the following new with disabilities in the programs receiving port on that review to the President;’’; subsection: assistance under the national service laws; (4) in paragraph (9), by inserting ‘‘and’’ ‘‘(g) PERSONAL SERVICES CONTRACTS.—The ‘‘(4) to identify and implement recruitment after ‘‘Corporation;’’; Corporation may enter into personal services strategies and training programs for bilin- (5) in paragraph (10), by striking ‘‘program; contracts to carry out research, evaluation, gual volunteers in the National Senior Serv- and’’ and inserting ‘‘program under a cost and public awareness related to the national ice Corps under title II of the Domestic Vol- share agreement, as determined by the Cor- service laws.’’. unteer Service Act of 1973; poration, in which the funds advanced or re- SEC. 1705. DONATED SERVICES. ‘‘(5) to identify and implement methods of ceived as reimbursement shall be credited di- Section 196(a) (42 U.S.C. 12651g(a)) is recruitment to increase the diversity of serv- rectly to a current appropriation; and’’; and amended— ice sponsors of programs desiring to receive (6) in paragraph (11), by striking ‘‘Sep- (1) in paragraph (1)— assistance under the national service laws; tember 30, 1995’’ and inserting ‘‘January 1, (A) by striking subparagraph (A) and in- ‘‘(6) to collaborate with organizations 2011’’. serting the following: which have established volunteer recruit- SEC. 1703. AUTHORITIES AND DUTIES OF THE ‘‘(A) ORGANIZATIONS AND INDIVIDUALS.— ment programs, including those on the Inter- CHIEF EXECUTIVE OFFICER. Notwithstanding section 1342 of title 31, net, to increase the recruitment capacity of Section 193A (42 U.S.C. 12651d) is amend- United States Code, the Corporation may so- the Corporation; ed— licit and accept the services of organizations ‘‘(7) where practicable, to provide applica- (1) in subsection (b)— and individuals (other than participants) to tion materials in languages other than (A) in paragraph (1), by inserting after ‘‘a assist the Corporation in carrying out the English for those with limited English pro- strategic plan’’ the following: ‘‘, including a duties of the Corporation under the national ficiency who wish to participate in a na- plan for achieving 50 percent full-time ap- service laws, and may provide to such indi- tional service program; proved national service positions by 2010,’’; viduals the travel expenses described in sec- ‘‘(8) to coordinate with organizations of (B) by redesignating paragraphs (7) tion 192A(d).’’; former participants of national service pro- through (11) as paragraphs (8) through (12), (B) in subparagraph (B)— grams for service opportunities that may in- respectively; (i) in the matter preceding clause (i), by clude capacity building, outreach, and re- (C) by inserting after paragraph (6) the fol- striking ‘‘Such a volunteer’’ and inserting cruitment for programs receiving assistance lowing: ‘‘A person who is a member of an organiza- under the national service laws; ‘‘(7) prepare and submit to the Committee tion or is an individual covered by subpara- ‘‘(9) to collaborate with the training and on Education and Labor in the United States graph (A)’’; technical assistance programs described in House of Representatives and the Committee (ii) in clause (i), by striking ‘‘a volunteer’’ subtitle J and in appropriate paragraphs of on Health, Education, Labor, and Pensions and inserting ‘‘such a person’’; section 198E(b); in the , and the Board (iii) in clause (ii), by striking ‘‘volunteers’’ ‘‘(10) to coordinate the clearinghouses de- an annual report on actions taken to achieve and inserting ‘‘such a person’’; and scribed in section 198E; and the goal of 50 percent full-time approved na- (iv) in clause (iii), by striking ‘‘such a vol- ‘‘(11) to coordinate with entities receiving tional service positions as described in para- unteer’’ and inserting ‘‘such a person’’; and funds under section 198E(b)(11) in estab- graph (1), including an assessment of the (C) in subparagraph (C)(i), by striking lishing the Reserve Corps for alumni of the progress made toward achieving that goal ‘‘Such a volunteer’’ and inserting ‘‘Such a national service programs to serve in emer- and the actions to be taken in the coming person’’; and gencies, disasters, and other times of na- year toward achieving that goal;’’; and (2) by striking paragraph (3). tional need. (D) in paragraph (11) (as so redesignated)— SEC. 1706. OFFICE OF OUTREACH AND RECRUIT- ‘‘(c) COLLABORATION.—The duties described (i) in the matter preceding subparagraph MENT. in subsection (b) shall be carried out in col- (A), by striking ‘‘June 30, 1995,’’ and insert- Subtitle G of title I is further amended by laboration with the State Commissions. ing ‘‘June 30 of each even-numbered year,’’; adding at the end the following: ‘‘(d) AUTHORITY TO CONTRACT WITH A BUSI- and ‘‘SEC. 196B. OFFICE OF OUTREACH AND RECRUIT- NESS.—The Corporation may, through con- (ii) in subparagraph (A)(i), by striking MENT. tracts or cooperative agreements, carry out ‘‘section 122(c)(1)’’ and inserting ‘‘section ‘‘(a) ESTABLISHMENT.—There is established 122(d)(1)’’; in the Corporation an office to be known as the marketing duties described in subsection (2) in subsection (c)— the Office of Outreach and Recruitment (in (b)(1), with priority given to those entities (A) in paragraph (9), by striking ‘‘and’’ at this section referred to as the ‘Office’), head- who have established expertise in the re- the end; ed by a Director. cruitment of disadvantaged youth, members (B) by redesignating paragraph (10) as ‘‘(b) DUTIES.—The duties of the Office, car- of Indian tribes, and members of the Baby paragraph (11); and ried out directly or through grants, con- Boom generation. (C) by inserting after paragraph (9) the fol- tracts, or cooperative agreements, shall be— ‘‘(e) CAMPAIGN TO SOLICIT FUNDS.—The lowing: ‘‘(1) to increase the public awareness of the Corporation, through the Director of the Of- ‘‘(10) obtain the opinions of peer reviewers wide range of service opportunities for citi- fice, may conduct a campaign to solicit in evaluating applications to the Corpora- zens of all ages, regardless of socioeconomic funds for itself to conduct outreach and re- tion for assistance under this title; and’’; and status or geographic location, through a va- cruitment campaigns to recruit a diverse (3) by amending subsection (g) to read as riety of methods, including— population of service sponsors of and partici- follows: ‘‘(A) print media; pants in programs and projects receiving as- ‘‘(g) RECRUITMENT AND PUBLIC AWARENESS ‘‘(B) the Internet and related emerging sistance under the national service laws. FUNCTIONS.—The Chief Executive Officer technologies; ‘‘(f) REPORTING.—The Director of the Office shall assign or hire, as necessary, such addi- ‘‘(C) television; tional national, regional, and State per- ‘‘(D) radio; shall complete a report annually to the Chief sonnel to carry out such recruiting and pub- ‘‘(E) presentations at public or private fo- Executive Officer and the Board of Directors lic awareness functions of the Office of Out- rums; on its activities and results.’’. reach and Recruitment to ensure that such ‘‘(F) other innovative methods of commu- SEC. 1707. STUDY TO EXAMINE AND INCREASE functions are carried out in a timely and ef- nication; and SERVICE PROGRAMS FOR VETERANS fective manner. The Chief Executive Officer ‘‘(G) outreach to offices of economic devel- AND VETERANS PARTICIPATION IN shall give priority in the hiring of such addi- opment, State employment security agen- PROGRAMS UNDER THE NATIONAL tional personnel to individuals who have for- cies, labor unions and trade associations, SERVICE LAWS AND TO DEVELOP PILOT PROGRAM. merly served as volunteers in the programs local education agencies, institutions of carried out under the national service laws higher education, agencies and organizations Subtitle G of title I is further amended by or similar programs, and to individuals who serving veterans and people with disabilities, adding at the end the following:

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1484 CONGRESSIONAL RECORD — HOUSE March 11, 2008

‘‘SEC. 196C. STUDY TO EXAMINE AND INCREASE (c) REPORT.—Not later than 1 year after ‘‘(B) PRIORITY.—Priority shall be given to SERVICE PROGRAMS FOR VETERANS the date of the enactment of this Act, the programs that engage retirees to serve as AND VETERANS PARTICIPATION IN Corporation shall submit to the Committee mentors. PROGRAMS UNDER THE NATIONAL on Education and Labor of the House of Rep- SERVICE LAWS AND TO DEVELOP ‘‘(2) PROGRAMS FOCUSED ON LEARNING AND PILOT PROGRAM. resentatives and the Committee on Health, THINKING SKILLS.—Service programs to solve ‘‘(a) PLANNING STUDY.—The Corporation Education, Labor, and Pensions of the Sen- community problems while engaging or de- for National and Community Service shall ate a report on the results of the planning veloping 21st century learning and thinking conduct a study to identify— study required by subsection (a), together skills (critical-thinking and problem solving, ‘‘(1) specific areas of need for veterans; with a plan for implementation of a pilot communication skills, creativity and inno- ‘‘(2) how existing programs and activities program using promising strategies and ap- vation skills, collaboration skills, contex- carried out under the national service laws proaches for better targeting and serving dis- tual learning skills, information and media could better serve veterans and veterans placed workers. literacy skills, and information and commu- (d) PILOT PROGRAM.—From amounts made service organizations; nications literacy) and life skills (leadership, available to carry out this section, the Cor- ‘‘(3) gaps in service to veterans; poration shall develop and carry out a pilot ethics, accountability, adaptability, personal ‘‘(4) prospects for better coordination of program based on the findings in the report productivity, personal responsibility, people services; submitted under subsection (c). skills, self-direction, and social responsi- ‘‘(5) prospects for better utilization of vet- (e) AUTHORIZATION OF APPROPRIATIONS.— bility) for school-age youth and low income erans as resources and volunteers; and There are authorized to be appropriated to adults. This may be a summer of service pro- ‘‘(6) methods for ensuring the efficient fi- carry out this section such sums as may be gram or a year-round service program. Pri- nancial organization of services directed to- necessary for each of fiscal years 2008 ority shall be given to programs that col- wards veterans. through 2012. laborate with the RSVP program, the ‘‘(b) CONSULTATION.—The study shall be Subtitle H—Amendments to Subtitle H AmeriCorps programs, or the Learn and carried out in consultation with veterans’ Serve programs. SEC. 1801. TECHNICAL AMENDMENTS TO SUB- service organizations, the Department of ‘‘(3) PROGRAMS THAT ENGAGE YOUTH UNDER Veterans Affairs, State veterans agencies, TITLE H. (a) ADDITIONAL CORPORATION ACTIVITIES TO THE AGE OF 17.—Programs that engage youth the Department of Defense, and other indi- SUPPORT NATIONAL SERVICE.—Subtitle H is under the age of 17 in service to the commu- viduals and entities the Corporation con- amended by inserting after the subtitle head- nity to meet unmet human, educational, en- siders appropriate. ing and before section 198 the following: vironmental, emergency and disaster pre- ‘‘(c) REPORT.—Not later than 1 year after ‘‘PART I—ADDITIONAL CORPORATION AC- paredness, or public safety needs and may be the date of the enactment of this section, the a summer program or a year-round program. Corporation shall submit to the Committee TIVITIES TO SUPPORT NATIONAL SERV- ICE’’. Priority shall be given to programs that col- on Education and Labor of the House of Rep- laborate with the RSVP Program and the (b) TECHNICAL AMENDMENTS.—Section 198 resentatives and the Committee on Health, AmeriCorps programs. Education, Labor, and Pensions of the Sen- (42 U.S.C. 12653) is amended— ‘‘(4) PROGRAMS THAT FOCUS ON HEALTH AND ate a report on the results of the planning (1) in subsection (a), by striking ‘‘sub- WELLNESS.—Service programs that focus on study required by subsection (a), together section (r)’’ and inserting ‘‘subsection (g)’’; the health and wellness of the members of a with a plan for implementation of a pilot (2) in subsection (b), by striking ‘‘national low-income or rural community. Priority program using promising strategies and ap- service programs, including service-learning shall be given to service programs that work proaches for better targeting and serving programs, and to support innovative and to— veterans. model programs, including’’ and inserting ‘‘(A) involve the community in service to ‘‘(d) PILOT PROGRAM.—From amounts made ‘‘service-learning programs and national available to carry out this section, the Cor- service programs, including’’; those who are at-risk to not receive or pur- poration shall develop and carry out a pilot (3) by striking subsections (c), (d), (e), and sue health care through such activities as program based on the findings in the report (f); health and wellness education, prevention, submitted under subsection (c). (4) by redesignating subsection (g) as sub- and care; ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— section (c); ‘‘(B) include in the service program em- There are authorized to be appropriated to (5) by striking subsections (h), (i), and (j); ployment training, where applicable, for par- carry out this section such sums as may be (6) by redesignating subsection (k) as sub- ticipants in the program and may extend necessary for each of fiscal years 2008 section (d); this opportunity to members of the commu- through 2012.’’. (7) by striking subsections (l) and (m); nity; and SEC. 1708. COORDINATION WITH VETERANS OR- (8) by redesignating subsections (n) and (o) ‘‘(C) collaborate with local institutions of GANIZATIONS SERVING VETERANS as subsections (e) and (f), respectively; higher education to include, as a portion of WITH DISABILITIES. (9) by striking subsection (p); and the pre-professional training of health care The Board of Directors of the Corporation (10) by redesignating subsections (q), (r), professionals including nurses, doctors, phy- for National and Community Service shall and (s) as (g), (h), and (i), respectively. sician assistants, dentists, and emergency coordinate with veterans organizations serv- SEC. 1802. REPEALS. medical technicians, a service component to ing veterans with disabilities to provide op- The following provisions are repealed: meet unmet healthcare and wellness needs in portunities for young people enrolled in ex- (1) CLEARINGHOUSES.—Section 198A (42 the community in which the service program isting NACS programs to provide transpor- U.S.C. 12653a). is being carried out. tation services on a full-time, part-time, or (2) MILITARY INSTALLATION CONVERSION ‘‘(5) SILVER SCHOLARSHIP PROGRAMS.—A Sil- as-needed basis. DEMONSTRATION PROGRAMS.—Section 198C (42 ver Scholarship program for citizens age 55 SEC. 1709. STUDY TO EXAMINE AND INCREASE U.S.C. 12653c). and older to complete no less than 600 hours SERVICE PROGRAMS FOR DIS- (3) SPECIAL DEMONSTRATION PROJECT.—Sec- of service in a year meeting unmet human, PLACED WORKERS IN SERVICES tion 198D (42 U.S.C. 12653d). educational, public safety, or environmental CORPS AND COMMUNITY SERVICE needs and receive a $1000 education award, AND TO DEVELOP PILOT PROGRAM SEC. 1803. INNOVATIVE AND MODEL PROGRAM PLANNING STUDY. SUPPORT. provided that— (a) PLANNING STUDY.—The Corporation for Subtitle H is further amended by adding at ‘‘(A) the Corporation establishes criteria National and Community Service shall con- the end the following: for the types of the service required to be duct a study to identify— ‘‘PART II—INNOVATIVE AND MODEL performed to receive such award; and (1) specific areas of need for displaced PROGRAM SUPPORT ‘‘(B) the citizen uses such award in accord- workers; ‘‘SEC. 198D. INNOVATIVE AND MODEL PROGRAM ance with sections 146(c), 146(d), and 148(c). (2) how existing programs and activities SUPPORT. ‘‘(6) PROGRAMS THAT REDUCE RECIDIVISM.— carried out under the national service laws ‘‘(a) METHODS OF CONDUCTING ACTIVITIES.— Programs that re-engage court-involved could better serve displaced workers and The Corporation may, through grants and youth and adults with the goal of reducing communities that have been adversely af- fixed amount grants under subsection (c), recidivism. Priority shall be given to such fected by plant closings and job losses; carry out the following programs: programs that create support systems begin- (3) prospects for better utilization of ‘‘(1) PROGRAMS FOR DISADVANTAGED ning in corrections facilities, and programs skilled workers as resources and volunteers; YOUTH.—A program selected from among that have life skills training, employment and those listed in 122(a) where no less than 75 training, an education program, including a (4) methods for ensuring the efficient fi- percent of the participants are disadvan- program to complete a high-school diploma nancial organization of services directed to- taged youth. or GED, educational and career counseling, wards displaced workers. ‘‘(A) COMPONENTS OF PROGRAMS.—Such pro- post program placement, and support serv- (b) CONSULTATION.—The study shall be car- grams may include life skills training, em- ices, which could begin in corrections facili- ried out in consultation with the Depart- ployment training, educational counseling, ties. The program may include health and ment of Labor, State labor agencies, and program to complete a high-school diploma wellness programs, including but not limited other individuals and entities the Corpora- or GED, counseling, or a mentoring relation- to drug and alcohol treatment, mental tion considers appropriate. ship with an adult volunteer. health counseling, and smoking cessation.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1485

‘‘(7) PROGRAMS THAT RECRUIT CERTAIN INDI- ‘‘PART III—NATIONAL SERVICE Subtitle I—Energy Conservation Corps VIDUALS.—Demonstration projects for pro- PROGRAMS CLEARINGHOUSE SEC. 1811. GENERAL AUTHORITY. grams that have as one of their primary pur- ‘‘SEC. 198E. NATIONAL SERVICE PROGRAMS The Corporation for National and Commu- poses the recruitment and acceptance of CLEARINGHOUSE. nity Service (in this subtitle referred to as court-involved youth and adults as partici- ‘‘(a) IN GENERAL.—The Corporation shall the ‘‘Corporation’’) shall make grants to pants, volunteers, or members. Such a pro- provide assistance, either by grant, contract, States for the creation or expansion of full- gram may serve any purpose otherwise per- or cooperative agreement, to entities with time or part-time Energy Conservation mitted under this Act. expertise in the dissemination of informa- Corps programs. Notwithstanding provisions ‘‘(8) OTHER INNOVATIVE AND MODEL PRO- tion through clearinghouses to establish one identified in this subtitle, the Corporation GRAMS.—Any other innovative and model or more clearinghouses for the national serv- shall apply the provisions of subtitle C of programs that the Corporation considers ap- ice laws. this subchapter in making grants under this propriate. ‘‘(b) FUNCTION OF CLEARINGHOUSE.—Such a section as necessary. SEC. 1812. APPLICATION. ‘‘(b) REQUIREMENTS.— clearinghouse may— (a) IN GENERAL.—To be eligible to receive a ‘‘(1) THREE-YEAR TERM.—Each program ‘‘(1) assist entities carrying out State or local service-learning and national service grant under this subtitle, a State shall invite funded under this part shall be carried out applications from within the State to receive over a period of three years, including one programs with needs assessments and plan- ning; an Energy Conservation Corps grant. planning year and two additional grant (b) PROCESS.—The State shall then prepare years, with a 1-year extension possible, if the ‘‘(2) conduct research and evaluations con- cerning service-learning or programs receiv- and submit a State application to the Cor- program meets performance measures devel- poration at such time, in such manner, and ing assistance under the national service oped in accordance with section 179(a) and containing such information as the Corpora- laws unless the recipient is receiving funds any other criteria determined by the Cor- tion may reasonably require. The Corpora- for such purpose under part III of subtitle B poration. tion shall consult with state and local Con- and under subtitle H; ‘‘(2) MATCHING FUNDS.— servation Corps in the development of the ‘‘(3)(A) provide leadership development and ‘‘(A) IN GENERAL.—The Federal share of the application guidelines. training to State and local service-learning cost of carrying out a program for which a (c) DISADVANTAGED YOUTH.—To acknowl- program administrators, supervisors, service grant is made under this part may not ex- edge the focused enrollment of disadvan- sponsors, and participants; and ceed 76 percent of the total cost of the pro- taged youth and young adults in the Energy ‘‘(B) provide training to persons who can gram in the first year and may not exceed 50 Conservation Corps, the Corporation shall— provide the leadership development and percent of the total cost of the program for (1) allow a higher cost-per-member to en- training described in subparagraph (A); the remaining years of the grant, including able Energy Conservation Corps programs to ‘‘(4) facilitate communication among enti- if the grant is extended for 1 year. provide the necessary supportive services to ties carrying out service-learning programs ‘‘(B) NON-FEDERAL CONTRIBUTION.—In pro- ensure the success of the participants; and and programs offered under the national viding for the remaining share of the cost of (2) allow for greater flexibility in retention service laws and participants in such pro- carrying out such a program, each recipient rates. grams; of a grant under this part— (d) CONSIDERATION OF RESIDENTIAL ‘‘(5) provide and disseminate information ‘‘(i) shall provide for such share through a CORPS.—The Corporation shall allow for and curriculum materials relating to plan- payment in cash or in kind, fairly evaluated, equal consideration of residential Corps pro- ning and operating service-learning pro- including facilities, equipment, or services; gram opportunities since residential Corps grams and programs offered under the na- and thrive in rural areas that commonly lack op- tional service laws, to States, Territories, ‘‘(ii) may provide for such share through portunities for young adults, enable the par- Indian tribes, and local entities eligible to State sources or local sources, including pri- ticipation for emancipated foster youth, receive financial assistance under the na- vate funds or donated services. gang involved youth, and others lacking a tional service laws; safe and stable home environment, allow for ‘‘(3) COLLABORATION ENCOURAGED.—Each ‘‘(6) provide and disseminate information program funded under this part is encour- more structured time for work, training, regarding methods to make service-learning aged to collaborate with Learn and Serve, education and counseling, and provide dis- programs and programs offered under the na- AmeriCorps, VISTA, and the National Senior aster response-ready crews immediately tional service laws accessible to individuals Service Corps. upon request. with disabilities; (e) EQUITABLE TREATMENT.—In the consid- ‘‘(4) EVALUATION.—Upon completion of the ‘‘(7) disseminate applications in languages eration of applications, the Corporation shall program, the Corporation shall conduct an other than English; ensure the equitable treatment of both urban independent evaluation of the program and ‘‘(8)(A) gather and disseminate information and rural areas. widely disseminate the results to the service on successful service-learning programs and SEC. 1813. FOCUS OF PROGRAMS. community through multiple channels, in- programs offered under the national service (a) IN GENERAL.—Programs that receive as- cluding the Corporation’s Resource Center or laws, components of such successful pro- sistance under this subtitle may carry out a clearinghouse of effective strategies, and grams, innovative curricula related to serv- activities that— recommendations for improvement. ice-learning, and service-learning projects; (1) meet an identifiable public need with ‘‘(c) FIXED AMOUNT GRANTS.— and specific emphasis on projects in support of ‘‘(1) GENERAL.—For purposes of subsection ‘‘(B) coordinate the activities of the Clear- energy conservation, infrastructure and (a), and subject to the limitations in this inghouse with appropriate entities to avoid transportation improvement, and emergency subsection, the Corporation may, upon mak- duplication of effort; operations, including— ing a determination described in paragraph ‘‘(9) make recommendations to State and (A) improving the energy efficiency of (2), approve a fixed amount grant that is not local entities on quality controls to improve housing for elderly and low-income people; subject to the Office of Management and the quality of service-learning programs and (B) building energy-efficient ‘‘green’’ hous- Budget cost principles and related financial programs offered under the national service ing for elderly and low-income people; recordkeeping requirements. laws; (C) environmental education and energy ‘‘(2) DETERMINATION.—Before approving a ‘‘(10) assist organizations in recruiting, conservation education for elementary and fixed amount grant, the Corporation must screening, and placing a diverse population secondary school students and the public; determine that— of service-learning coordinators and program (D) reusing and recycling including ‘‘(A) the reasonable and necessary costs of sponsors; deconstruction; carrying out the terms of the grant signifi- ‘‘(11) collaborate with the Office of Out- (E) the repair, renovation, or rehabilita- cantly exceed the amount of assistance pro- reach and Recruitment on an alumni net- tion of an existing infrastructure facility in- vided by the Corporation; or work for those former participants in an ap- cluding, but not limited to, rail, mass trans- ‘‘(B) based on the nature or design of the proved national service position, to facili- portation, ports, inland navigation, schools grant, any assistance provided by the Cor- tate communication and collaboration be- and hospitals; poration can be reasonably presumed to be tween alumni and to leverage their skills, (F) transportation enhancements; expended on reasonable and necessary costs. knowledge, and experiences to improve serv- (G) recreational trails improvements, in- ‘‘(d) APPLICATIONS.—To be eligible to carry ice across our Nation and also serve in a Re- cluding those that enable alternative means serve Corps, who are ready to serve in times of transportation and ensure safe use; out a program under this part, an entity of national need; (H) transformation of military bases af- shall prepare, submit to the Corporation, and ‘‘(12) disseminate effective strategies for fected by the Base Realignment and Closing obtain approval of, an application at such working with disadvantaged youth in na- process (BRAC) to green the space; time and in such manner as the Chief Execu- tional service programs as determined by or- (I) tree planting and reforestation; tive Officer may reasonably require.’’. ganizations with an established expertise (J) renewable resource enhancement; and working with such youth; and (K) assisting in emergency operations, SEC. 1804. CLEARINGHOUSES. ‘‘(13) carry out such other activities as the such as disaster prevention and relief; and Subtitle H is further amended by adding at Chief Executive Officer determines to be ap- (2) provide opportunities for youth and the end the following: propriate.’’. young adults, especially disadvantaged

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1486 CONGRESSIONAL RECORD — HOUSE March 11, 2008

youth, to be trained for careers related to (b) PARTICIPATING STATE RESPONSIBIL- facility including, but not limited to, rail, the activities listed in paragraph (1), includ- ITIES.— mass transportation, ports, inland naviga- ing those that will be part of the emerging (1) The authorized representative of a par- tion, schools and hospitals; transportation field of ‘‘green collar’’ jobs. ticipating state may request assistance of enhancements; recreational trails improve- (b) GOALS OF THE ENERGY CONSERVATION another party by contracting the authorized ments, including those that enable alter- CORPS.—The goals of the Energy Conserva- representative of that state. The provisions native means of transportation and ensure tion Corps are to— of this agreement shall only apply to re- safe use; (1) promote clean energy use and preserve, quests for assistance made by and to author- (3) volunteering in schools to teach or protect, and sustain the environment; ized representatives. other support environmental education and (2) provide young adults with opportunities (2) There shall be frequent consultation be- energy conservation education for elemen- to become better citizens, students and tween state officials who have assigned tary and secondary school students and the workers through meaningful service to their emergency management responsibilities and public; and communities and the nation; other appropriate representatives of the (4) assisting in such other activities as the (3) mobilize youth and young adults, espe- party states with affected jurisdictions and National Senior Service Corps may identify. cially disadvantaged youth, to promote en- the United States Government, with free ex- (b) ELIGIBILITY.—To be eligible to receive a ergy conservation and mitigate threats to change of information, plans, and resource grant under this section, a program in the the environment; and records relating to emergency capabilities. National Senior Service Corps shall submit (4) provide a pathway to responsible adult- SEC. 1819. FEDERAL SHARE. an application with such information and in hood and productive, unsubsidized employ- The federal share of the cost of carrying such time as the Corporation may require. ment in the private sector. out an Energy Conservation Corps program (c) AUTHORIZATION.—For this purpose, SEC. 1814. TRAINING AND EDUCATION SERVICES. for which a grant is made under this subtitle there is authorized to be appropriated All applicants must describe how they in- is 76 percent of the total cost of the program. $10,000,000 for fiscal year 2009 and such sums as may be necessary thereafter. tend to— SEC. 1820. BEST PRACTICES. (1) assess the skills of Corpsmembers; (a) TRAINING AND TECHNICAL ASSISTANCE.— Subtitle II—Training and Technical (2) provide life skills and work skills train- The Corporation shall provide technical as- Assistance ing; sistance to grantees that request assistance SEC. 1821. TRAINING AND TECHNICAL ASSIST- (3) provide training and education; and shall disseminate best practices that ANCE. (4) develop agreements for academic study emerge from the Energy Conservation Corps. Title I is further amended by adding at the with— (b) CONTRACT.—In providing training and end the following new subtitle: (A) local education agencies; technical assistance, the Corporation shall ‘‘Subtitle J—Training and Technical (B) community colleges; contract with a national organization with a Assistance (C) 4-year colleges; proven track record of developing and sus- ‘‘SEC. 199N. TRAINING AND TECHNICAL ASSIST- (D) area charter high schools and voca- taining Corps, working with the Conserva- ANCE. tional-technical schools; and tion Corps model, and engaging young people ‘‘(a) IN GENERAL.—The Corporation shall (E) community-based organizations; from disadvantaged backgrounds. conduct, either directly or through grants, (5) provide career and educational guid- SEC. 1820A. AUTHORIZATION OF APPROPRIA- contracts, or cooperative agreements, in- ance; and TIONS. cluding through State Commissions on Na- (6) Recruit participants without high (a) IN GENERAL.—There are authorized to tional and Community Service, appropriate school diplomas. be appropriated such sums as may be nec- training and technical assistance to— SEC. 1815. PREFERENCE FOR CERTAIN essary for fiscal years 2008 through 2010 to ‘‘(1) programs receiving assistance under PROJECTS. achieve the purposes of this subtitle. the national service laws; and In the consideration of applications the (b) ALLOCATION.—Of the amounts appro- ‘‘(2) entities (particularly those in rural Corporation shall give preference to pro- priated to carry out this subtitle for each fis- areas and underserved communities)— grams that are discrete and— cal year— ‘‘(A) that desire to carry out or establish (1) meet an identifiable public need; (1) 90 percent shall be for grants to eligible national service programs; (2) instill a work ethic and a sense of pub- entities; ‘‘(B) that desire to apply for assistance lic service in the participants; (2) 5 percent shall be technical assistance, under the national service laws; or (3) involve youth operating in crews or a and dissemination of best practices; and ‘‘(C) that desire to apply for a subgrant team-based structure; and (3) 5 percent shall be for evaluation. under the national service laws. (4) enhance skills development and edu- SEC. 1820B. LEARN AND SERVE AMERICA. ‘‘(b) ACTIVITIES INCLUDED.—Such training cational level and opportunities for the par- (a) IN GENERAL.—To promote Learn and and technical assistance activities may in- ticipants. Serve programs that have the potential to clude— SEC. 1816. PARTICIPANTS. reach every student in our public education ‘‘(1) providing technical assistance to those (a) IN GENERAL.—Age enrollment in pro- network and private schools through school- applying to carry out national service pro- grams that receive assistance under this sub- based green service-learning, the Corpora- grams or those carrying out national service title shall be limited to individuals who, at tion shall establish a competitive grant pro- programs; the time of enrollment, are not less than 18 gram for the creation or expansion of such ‘‘(2) promoting leadership development in years nor more than 25 years of age, except service learning programs. national service programs; that summer programs may include individ- (b) APPLICATION.—To be eligible to receive ‘‘(3) improving the instructional and pro- uals not less than 14 years or more than 21 a grant under this section, a State Education grammatic quality of national service pro- years of age at the time of the enrollment of Agency, Local education Agency, or non- grams; such individuals. profit organization shall submit an applica- ‘‘(4) developing the management and budg- (b) PARTICIPATION OF DISADVANTAGED tion with such information and in such time etary skills of those operating or overseeing YOUTH.—Programs that receive assistance as the Corporation may require. national service programs, including to in- under this subtitle shall ensure that at least (c) AUTHORIZATION OF APPROPRIATIONS.— crease the cost effectiveness of the programs 50 percent of the participants are economi- For this purpose, there are authorized to be under the national service laws; cally disadvantaged youth. appropriated $10,000,000 for fiscal year 2009 ‘‘(5) providing for or improving the train- (c) SPECIAL CORPSMEMBERS.—Notwith- and such sums as may be necessary there- ing provided to the participants in programs standing subsection (a) of this section, pro- after. under the national service laws; gram agencies may enroll a limited number SEC. 1820C. NATIONAL SENIOR SERVICE CORPS. ‘‘(6) facilitating the education of national of special Corpsmembers over age 25 so that (a) IN GENERAL.—To promote National Sen- service programs in risk management proce- the Energy Conservation Corps may draw on ior Service Corps programs that have the po- dures, including the training of participants their special skills to fulfill the purposes of tential to both involve seniors in providing in appropriate risk management practices; this subtitle. meaningful volunteer opportunities the Cor- ‘‘(7) training of those operating or over- SEC. 1817. USE OF VOLUNTEERS. poration shall establish a competitive grant seeing national service programs in volun- The use of volunteer services under this program for the creation or expansion of Na- teer recruitment, management, and reten- section shall be subject to the condition that tional Senior Service Corps programs that— tion to improve the abilities of such individ- such use does not result in the displacement (1) make effective use of the talents and uals to use participants and other volunteers of any participant. experience of seniors, particularly baby in an effective manner which results in high SEC. 1818. COOPERATION AMONG STATES FOR boomers, in programs and projects involving quality service and the desire of participants EMERGENCY RESPONSE. seniors in the improvement of the energy ef- or volunteers to continue to serve in other (a) AGREEMENTS BETWEEN STATES.—States ficiency of housing for elderly and low-in- capacities after the program is completed; operating an Energy Conservation Corps come people; ‘‘(8) training of those operating or over- may enter into a compact with participating (2) building or helping to supervise energy- seeing national service programs in program states to provide for mutual cooperation to efficient ‘‘green’’ housing for elderly and evaluation and performance measures to in- manage any emergency or disaster that is low-income people; the repair, renovation, or form practices to augment the capacity and duly declared by the affected state. rehabilitation of an existing infrastructure sustainability of the program;

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1487

‘‘(9) training of those operating or over- ‘‘(A) IN GENERAL.—There are authorized to to, or repeal of a provision, the reference seeing national service programs to effec- be appropriated to provide financial assist- shall be considered to be made to a provision tively accommodate people with disabilities ance under subtitles C and H of title I, to ad- of the Domestic Volunteer Service Act of to increase the participation of people with minister the National Service Trust and dis- 1973 (42 U.S.C. 4950 et seq.). disabilities in national service programs. burse national service educational awards Subtitle A—Amendments to Title I (National Such activities may utilize funding from the and scholarships under subtitle D of title I, Volunteer Antipoverty Programs) reservation of funds to increase the partici- and to carry out such audits and evaluations pation of individuals with disabilities as de- as the Chief Executive Officer or the Inspec- SEC. 2101. PURPOSE. scribed in section 129(k); tor General of the Corporation may deter- Section 2 (42 U.S.C. 4950) is amended— ‘‘(10) establishing networks and collabora- mine to be necessary, $485,000,000 for fiscal (1) in subsection (a), by striking ‘‘both tion among employers, educators, and other year 2008, and such sums as may be necessary young and older citizens’’ and inserting key stakeholders in the community to fur- for each of fiscal years 2009 through 2012. ‘‘citizens of all ages and backgrounds’’; and ther leverage resources to increase local par- ‘‘(B) PROGRAMS.—Of the amount appro- (2) in subsection (b), by striking ‘‘local ticipation and to coordinate community- priated under subparagraph (A) for a fiscal agencies’’ and all that follows through the wide planning and service; year, up to 15 percent shall be made avail- period at the end and inserting ‘‘local agen- ‘‘(11) providing training and technical as- able to provide financial assistance under cies, expand relationships with, and support sistance for the National Senior Service subsections (b) and (c) of section 126, and for, the efforts of civic, community, and edu- Corps, including providing such training and under subtitle H of title I. cational organizations, and utilize the en- technical assistance to programs receiving ‘‘(C) SUBTITLE C.—Of the amount appro- ergy, innovative spirit, experience, and skills assistance under section 201 of the Domestic priated under subparagraph (A), the fol- of all Americans.’’. Volunteer Service Act of 1973; and lowing amounts shall be made available to SEC. 2102. PURPOSE OF THE VISTA PROGRAM. ‘‘(12) carrying out such other activities as provide financial assistance under section 121 Section 101 (42 U.S.C. 4951) is amended— the Chief Executive Officer determines to be of subtitle C of title I: (1) in the second sentence, by striking ‘‘af- appropriate. ‘‘(i) For fiscal year 2008, not more than flicted with’’ and inserting ‘‘affected by’’; ‘‘(c) PRIORITY.—The Corporation shall give $324,000,000. and priority to programs under the national ‘‘(ii) For fiscal year 2009, not more than (2) in the third sentence, by striking ‘‘local service laws and those entities wishing to es- $357,000,000. level’’ and all that follows through the pe- tablish programs under the national service ‘‘(iii) For fiscal year 2010, not more than riod at the end and inserting ‘‘local level, to laws seeking training or technical assistance $397,000,000. support efforts by local agencies and organi- that— ‘‘(iv) For each of fiscal years 2011 through zations to achieve long-term sustainability ‘‘(1) seek to carry out (as defined in section 2012, such sums as may be necessary. of projects, consistent with section 186 of the 101) high quality programs where the serv- ‘‘(D) PRIORITY.—Notwithstanding any National and Community Service Act of 1990, ices are needed most; other provision of this Act, in obligating the initiated or expanded under the VISTA pro- ‘‘(2) seek to carry out (as defined in section amounts made available pursuant to the au- gram activities, and to strengthen local 101) high quality programs where national thorization of appropriations in subpara- agencies and community organizations to service programs do not currently exist or graph (C), priority shall be given to pro- carry out the purpose of this part.’’. where the programs are too limited to meet grams carried out in areas for which the SEC. 2103. APPLICATIONS. community needs; President has declared the existence of a Section 103 (42 U.S.C. 4953) is amended— ‘‘(3) seek to carry out (as defined in section major disaster, in accordance with section (1) in subsection (a)— 101) high quality programs that focus on and 401 of the Robert T. Stafford Disaster Relief (A) in paragraph (1), by inserting ‘‘the provide service opportunities for underserved and Emergency Assistance Act (42 U.S.C. Commonwealth of the Northern Mariana Is- rural and urban areas and populations; and 5170), as a consequence of Hurricanes Katrina lands,’’ after ‘‘American Samoa,’’; and ‘‘(4) assist programs in developing a service and Rita. (B) in paragraph (2)— component that combines students, out-of- ‘‘(3) SUBTITLE E.—There are authorized to (i) by striking ‘‘handicapped’’ and inserting school youths, and older adults as partici- be appropriated to operate the National Ci- ‘‘disabled’’; and pants to provide needed community serv- vilian Community Corps and provide finan- (ii) by striking ‘‘handicaps’’ and inserting ices.’’. cial assistance under subtitle E of title I, ‘‘disabilities’’; Subtitle III—Repeal of Title III (Points of $25,000,000 for fiscal year 2008 and such sums (C) in paragraph (3), by striking ‘‘jobless, Light Foundation) as may be necessary for each of fiscal years the hungry, and low-income’’ and inserting 2009 through 2012. SEC. 1831. REPEAL. ‘‘unemployed, the hungry, and low-income’’; ‘‘(4) ADMINISTRATION.— Title III (42 U.S.C. 12661 et seq.) is repealed. (D) in paragraph (4), by striking ‘‘preven- ‘‘(A) IN GENERAL.—There are authorized to tion, education,’’ and inserting ‘‘through Subtitle IV—Amendments to Title V be appropriated for the administration of prevention, education, rehabilitation, and (Authorization of Appropriations) this Act, including financial assistance treatment,’’; SEC. 1841. AUTHORIZATION OF APPROPRIATIONS. under sections 126(a) and 196B, $51,000,000 for (E) in paragraph (5), by inserting ‘‘, mental Section 501 (42 U.S.C. 12681) is amended to fiscal year 2008 and such sums as may be nec- illness,’’ after ‘‘including’’; read as follows: essary for each of fiscal years 2009 through (F) in paragraph (6), by striking ‘‘; and’’ ‘‘SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 2012. and inserting a semicolon; ‘‘(a) TITLE I.— ‘‘(B) CORPORATION.—Of the amounts appro- (G) in paragraph (7), by striking the period ‘‘(1) SUBTITLE B.— priated under subparagraph (A) for a fiscal and inserting a semicolon; and ‘‘(A) IN GENERAL.—There are authorized to year— (H) by adding at the end the following new be appropriated to provide financial assist- ‘‘(i) up to 69 percent shall be made avail- paragraphs: ance under subtitle B of title I— able to the Corporation for the administra- ‘‘(8) in the re-entry and re-integration of ‘‘(i) $65,000,000 for fiscal year 2008; and tion of this Act, including to provide finan- formerly incarcerated youth and adults into ‘‘(ii) such sums as may be necessary for cial assistance under section 196B; and society, including life skills training, em- each of fiscal years 2009 through 2012. ‘‘(ii) the remainder shall be available to ployment training, counseling, educational ‘‘(B) PROGRAMS.—Of the amount appro- provide financial assistance under section training, and educational counseling; priated under subparagraph (A) for a fiscal 126(a). ‘‘(9) in developing and carrying out finan- year— ‘‘(5) TRAINING AND TECHNICAL ASSISTANCE.— cial literacy, financial planning, budgeting, ‘‘(i) not more than 60 percent shall be Of the amounts appropriated for a fiscal year savings, and reputable credit accessibility available to provide financial assistance under subtitles B, C, and H of title I of this programs in low-income communities, in- under part I of subtitle B of title I; Act and under titles I and II of the Domestic cluding those programs which educate on fi- ‘‘(ii) not more than 25 percent shall be Volunteer Service Act of 1973, the Corpora- nancing home ownership and higher edu- available to provide financial assistance tion shall reserve up to 2.5 percent to carry cation; under part II of such subtitle; and out subtitle J of this Act. Notwithstanding ‘‘(10) in initiating and supporting before- ‘‘(iii) not less than 15 percent shall be subsection (b), amounts so reserved shall be school and after-school programs servicing available to provide financial assistance available only for the fiscal year for which children in low-income communities that under part III of such subtitle. they are reserved. may engage participants in mentoring rela- ‘‘(C) SUMMER OF SERVICE.—Of the amount ‘‘(b) AVAILABILITY OF APPROPRIATIONS.— tionships, tutoring, life skills, or study skills appropriated under subparagraph (A) for a Funds appropriated under this section shall programs, service-learning, physical, nutri- fiscal year, up to $10,000,000 shall be for sum- remain available until expended.’’. tion, and health education programs, includ- mer of service grants and up to $10,000,000 TITLE II—AMENDMENTS TO THE DOMES- ing programs aimed at fighting childhood shall be deposited in the National Service TIC VOLUNTEER SERVICE ACT OF 1973 obesity, and other activities addressing the Trust to support summer of service edu- SEC. 2001. REFERENCES. needs of the community’s children; cational awards, consistent with section Except as otherwise specifically provided, ‘‘(11) in establishing and supporting com- 118(c)(8). whenever in this title an amendment or re- munity economic development initiatives, ‘‘(2) SUBTITLES C, D, AND H.— peal is expressed in terms of an amendment including micro-enterprises, with a priority

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1488 CONGRESSIONAL RECORD — HOUSE March 11, 2008 on such programs in rural areas and other through the Office of Outreach and Recruit- physical fitness, and other associated life areas where such programs are needed most; ment’’; and skills education programs and programs to ‘‘(12) in assisting veterans and their fami- (C) in paragraph (4)— increase access to preventive services, insur- lies through establishing or augmenting pro- (i) by striking ‘‘Beginning’’ and all that ance, and health care. grams which assist such persons with access follows through ‘‘for the purpose’’ and in- ‘‘(c) REQUIREMENTS.— to legal assistance, health care (including serting ‘‘For the purpose’’; and ‘‘(1) ELIGIBILITY.—In order to receive a mental health), employment counseling or (ii) by striking ‘‘1.5 percent’’ and inserting grant under subsection (a), an applicant training, education counseling or training, ‘‘2 percent’’; shall submit an application to the Director affordable housing, and other support serv- (4) by amending the second sentence of at such time and in such manner as the Di- ices; and subsection (d) to read as follows: ‘‘Whenever rector requires and receive approval of the ‘‘(13) in addressing the health and wellness feasible, such efforts shall be coordinated application. Such application shall, at a of low-income and underserved communities, with an appropriate local workforce invest- minimum, demonstrate to the Director a including programs to increase access to pre- ment board established under section 117 of level of expertise in carrying out such a pro- ventive services, insurance, and health the Workforce Investment Act of 1998.’’; gram. care.’’; (5) in subsection (g) by striking ‘‘and has ‘‘(2) SUPPLEMENT NOT SUPPLANT.—Funds (2) in subsection (b)— been submitted to the Governor’’ and all made available under subsection (d) shall be (A) in paragraph (1), by striking ‘‘recruit- that follows and inserting a period; and used to supplement and not supplant the ment and placement procedures’’ and insert- (6) by adding at the end the following: number of VISTA volunteers engaged in pro- ing ‘‘placement procedures that involve ‘‘(i) The Director may enter into agree- grams addressing the problem for which such sponsoring organizations and’’; ments under which public and private non- funds are awarded unless such sums are an (B) in paragraph (2)— profit organizations, with sufficient finan- extension of funds previously provided under (i) in subparagraph (A)— cial capacity and size, pay for all or a por- this title. (I) strike ‘‘related to the recruitment and’’ tion of the costs of supporting the service of ‘‘(d) FUNDING.— and insert ‘‘related to the’’; volunteers under this title, consistent with ‘‘(1) IN GENERAL.—From the amounts ap- (II) strike ‘‘in conjunction with the re- the provisions of section 186 of the National propriate under section 501 for each fiscal cruitment and’’ and insert ‘‘in conjunction and Community Service Act of 1990.’’. year there shall be available to the Director with the’’; and SEC. 2104. VISTA PROGRAMS OF NATIONAL SIG- such sums as may be necessary to make (III) strike ‘‘1993. Upon’’ and all that fol- NIFICANCE. grants under subsection (a). lows through the period at the end and insert Part A of title I is amended by inserting ‘‘(2) LIMITATION.—No funds shall be made ‘‘1993.’’; after section 103 (42 U.S.C. 4953) the fol- available to the Director to make grants (ii) in subparagraph (B), by striking ‘‘cen- lowing: under subsection (a) unless the amounts ap- tral information system that shall, on re- ‘‘SEC. 103A. VISTA PROGRAMS OF NATIONAL SIG- propriated under section 501 available for quest, promptly provide’’ and inserting NIFICANCE. such fiscal year to carry out part A are suffi- ‘‘database that provides’’; and ‘‘(a) IN GENERAL.—With not less than one- cient to maintain the number of projects and (iii) in subparagraph (C)— third of the funds made available under sub- volunteers funded under part A in the pre- (I) by striking ‘‘timely and effective’’ and section (d) in each fiscal year, the Director ceding fiscal year. inserting ‘‘timely and cost-effective’’; and shall make grants for VISTA positions to ‘‘(e) INFORMATION.—The Director shall (II) by striking ‘‘the recruitment of volun- support programs of national significance. widely disseminate information on grants teers’’ and inserting ‘‘recruitment and man- Each program for which a grant is received that may be made under this section, includ- agement of volunteers’’; and under this subsection shall be carried out in ing through the Office of Outreach and Re- (C) in paragraph (3), by adding at the end accordance with the requirements applicable cruitment and other volunteer recruitment the following: ‘‘The Director shall give pri- to that program. programs being carried out by public or pri- ority to— ‘‘(b) ACTIVITIES SUPPORTED.—The Director vate non-profit organizations.’’. ‘‘(A) disadvantaged youth (as defined in shall make grants under subsection (a) to SEC. 2105. TERMS AND PERIODS OF SERVICE. section 101 of the National and Community support one or more of the following pro- Section 104(d) (42 U.S.C. 4954(d)) is amend- Service Act of 1990) and low-income adults; grams to address problems that concern low- ed— and income and rural communities in the Nation: (1) in the first sentence, by striking ‘‘with ‘‘(B) retired adults of any profession, but ‘‘(1) In the re-entry and re-integration of the terms and conditions of their service.’’ with an emphasis on those professions whose formerly incarcerated youth and adults into and inserting ‘‘with the terms and conditions services and training are most needed in a society, including life skills training, em- of their service or any adverse action, such community, such as the health care profes- ployment training, counseling, educational as termination, proposed by the sponsoring sions, teaching, counseling, and engineering training, and educational counseling. organization. The procedure shall provide for and other professions requiring a high level ‘‘(2) In developing and carrying-out finan- an appeal to the Director of any proposed of technical and project management skills, cial literacy, financial planning, budgeting, termination.’’; and to utilize their experience, including profes- savings, and reputable credit accessibility (2) in the third sentence (as amended by sional skills, in the VISTA program.’’; programs in low-income communities, in- this section), by striking ‘‘and the terms and (D) in paragraph (5)(B), by striking ‘‘infor- cluding those programs which educate on fi- conditions of their service’’. mation system’’ and inserting ‘‘database’’; nancing home ownership and higher edu- (3) in subsection (c)— cation. SEC. 2106. SUPPORT SERVICE. (A) in paragraph (1)— ‘‘(3) In initiating and supporting before- Section 105(a)(1)(B) (42 U.S.C. 4955(a)(1)(B)) (i) in the matter preceding subparagraph school and after-school programs in low-in- is amended by striking ‘‘Such stipend’’ and (A), by striking ‘‘personnel described in sub- come communities that may include such all that follows through ‘‘in the case of per- section (b)(2)(C)’’ and inserting ‘‘personnel activities as establishing mentoring rela- sons’’ and inserting ‘‘Such stipend shall be described in subsection (b)(2)(C), sponsoring tionships, physical education, tutoring, in- set at a minimum of $125 per month and a organizations, and the Office of Outreach and struction in 21st century thinking skills, life maximum of $150 per month, subject to the Recruitment’’; skills, and study skills, community service, availability of funds to accomplish such a (ii) in subparagraph (A), by inserting ‘‘the service-learning, nutrition and health edu- maximum. The Director may provide a sti- Internet and related technologies,’’ after cation, and other activities aimed at keeping pend of $250 per month in the case of per- ‘‘television,’’; children, safe, educated, and healthy, which sons’’. (iii) in subparagraph (B), by inserting serve the children in such community. SEC. 2107. SECTIONS REPEALED. ‘‘Internet and related technologies,’’ after ‘‘(4) In establishing and supporting commu- The following provisions are repealed: ‘‘through the’’; nity economic development initiatives, in- (1) VISTA LITERACY CORPS.—Section 109 (42 (iv) in subparagraph (C), by inserting after cluding micro-enterprises, with a priority on U.S.C. 4959). ‘‘senior citizens organizations,’’ the fol- such programs in rural areas and areas (2) UNIVERSITY YEAR FOR VISTA.—Part B of lowing: ‘‘offices of economic development, where such programs are needed most. title I (42 U.S.C. 4971 et seq.). State employment security agencies, em- ‘‘(5) In assisting veterans and their fami- (3) LITERACY CHALLENGE GRANTS.—Section ployment offices,’’; lies through establishing or augmenting pro- 124 (42 U.S.C. 4995). (v) in subparagraph (F), by striking ‘‘Na- grams which assist such persons with access SEC. 2108. CONFORMING AMENDMENT. tional and Community Service Trust Act of to legal assistance, health care (including 1993’’ and inserting ‘‘National and Commu- mental health), employment counseling or Section 121 (42 U.S.C. 4991) is amended in nity Service Act of 1990’’; and training, education counseling or training, the second sentence by striking ‘‘situations’’ (vi) in subparagraph (G), by striking ‘‘, on affordable housing, and other support serv- and inserting ‘‘organizations’’. request,’’; ices. SEC. 2109. FINANCIAL ASSISTANCE. (B) in paragraph (3), by striking ‘‘this sub- ‘‘(6) In addressing the health and wellness Section 123 (42 U.S.C. 4993) is amended— section’’ and inserting ‘‘this subsection and of low-income and underserved communities (1) in the section heading by striking ‘‘tech- related public awareness and recruitment ac- across our Nation, including programs to nical and’’; and tivities under the national service laws and fight childhood obesity through nutrition, (2) by striking ‘‘technical and’’.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1489 Subtitle B—Amendments to Title II (National tions or laboratory experiences, running exceeds such performance measures, out- Senior Volunteer Corps) after-school, weekend, or summer programs comes, and other criteria. SEC. 2201. CHANGE IN NAME. designed to engage disadvantaged youth (as ‘‘(3) ESTABLISHMENT OF EVALUATION PROC- Title II (42 U.S.C. 5000 et seq.) is amended defined in section 101 of the National and ESS.—The Corporation shall, in collaboration in the title heading by striking ‘‘NATIONAL Community Service Act of 1990) or low-in- and consultation with program directors of SENIOR VOLUNTEER CORPS’’ and inserting come, minority youth in the STEM fields the Retired Senior Volunteer Program, es- ‘‘NATIONAL SENIOR SERVICE CORPS’’. and to improve mastery of the STEM con- tablish and make available the evaluation SEC. 2202. PURPOSE. tent, providing field trips to businesses, in- process required by paragraph (1), including Section 200 (42 U.S.C. 5000) is amended to stitutions of higher education, museums, and the performance measures, outcomes, and read as follows: other locations where the STEM professions other criteria required by paragraph (2)(A), are practiced or illuminated; with particular attention to the different ‘‘SEC. 200. STATEMENT OF PURPOSE. ‘‘(2) utilizing retired health care profes- needs of rural and urban programs. The proc- ‘‘It is the purpose of this title to provide— sionals to improve the health and wellness of esses shall be established and made avail- ‘‘(1) opportunities for senior service to low income or rural communities; able, including notification of the available meet unmet local, State, and national needs ‘‘(3) utilizing retired criminal justice pro- training and technical assistance, no later in the areas of education, public safety, fessionals for programs designed to prevent than 180 days after the date of the enactment emergency and disaster preparedness, relief, disadvantaged youth (as defined in section of this subsection. and recovery, health and human needs, and 101 of the National and Community Service ‘‘(4) EFFECT OF FAILING TO MEET PERFORM- the environment; Act of 1990) from joining gangs or commit- ANCE MEASURES.—If the evaluation process ‘‘(2) for the National Senior Service Corps, ting crimes; determines that the recipient has failed to comprised of the Retired and Senior Volun- ‘‘(4) utilizing retired military and emer- meet or exceed the performance measures, teer Program, the Foster Grandparent Pro- gency professionals for programs to improve outcomes, and other criteria established gram, and the Senior Companion Program, public safety, emergency and disaster pre- under this subsection, the grant or contract and demonstration and other programs to paredness, relief, and recovery, search and shall not be renewed. Any successor grant or empower people 55 years of age or older to rescue, and homeland security efforts; and contract shall be awarded through the com- contribute to their communities through ‘‘(5) utilizing retired computer science pro- petitive process described in subsection service, enhance the lives of those who serve fessionals, technicians of related tech- (e)(1). and those whom they serve, and provide nologies, business professionals, and others ‘‘(5) SPECIAL RULE.—The Corporation may communities with valuable services; with relevant knowledge to increase, for low continue to fund a program which has failed ‘‘(3) opportunities for people 55 years of age income individuals and families, access to to meet or exceed the performance measures, or older, through the Retired and Senior Vol- and obtaining the benefits from computers outcomes, and other criteria established unteer Program, to share their knowledge, and other existing and emerging tech- under this subsection for up to 12 months if experiences, abilities, and skills for the bet- nologies.’’; and competition does not result in a successor terment of their communities and them- (3) by adding at the end the following: grant or contract for such program, in order selves; ‘‘(e) COMPETITIVE GRANT AWARDS RE- to minimize the disruption to volunteers and ‘‘(4) opportunities for low-income people 55 QUIRED.— disruption of services. In such a case, out- years of age or older, through the Foster ‘‘(1) IN GENERAL.—Effective for fiscal year reach shall be conducted and a new competi- Grandparents Program, to have a positive 2013 and each fiscal year thereafter, each tion shall be established. The previous re- impact on the lives of children in need; grant or contract awarded under this section cipient shall remain eligible for the new ‘‘(5) opportunities for low-income people 55 in such a year shall be— competition. years of age or older, through the Senior ‘‘(A) awarded for a period of 3 years; and ‘‘(6) PERFORMANCE MEASURES.— Companion Program, to provide critical sup- ‘‘(B) awarded through a competitive proc- ‘‘(A) IN GENERAL.—The performance meas- port services and companionship to adults at ess. ures, outcomes, and other criteria estab- risk of institutionalization and who are ‘‘(2) ELEMENTS OF COMPETITIVE PROCESS.— lished under this subsection may be updated struggling to maintain a dignified inde- The competitive process required by para- or modified as necessary, in consultation pendent life; and graph (1)(B)— with program directors for the Retired Sen- ‘‘(6) for research, training, demonstration, ‘‘(A) shall include the use of a peer review ior Volunteer Program, but no earlier than and other program activities to increase and panel, including members with expertise in fiscal year 2013. improve opportunities for people 55 years of senior service and aging; ‘‘(B) OPERATIONAL PROBLEMS.—Effective for age or older to meet unmet needs, including ‘‘(B) shall ensure that— fiscal years before fiscal year 2013, the Cor- those related to public safety, public health, ‘‘(i) the resulting grants (or contracts) sup- poration may, after consulting with program and emergency and disaster preparedness, re- port no less than the volunteer service years directors of the Retired Senior Volunteer lief, and recovery, in their communities.’’. of the previous grant (or contract) cycle in a Program, determine that a performance SEC. 2203. GRANTS AND CONTRACTS FOR VOLUN- given geographic service area; measure, outcome, or criterion established TEER SERVICE PROJECTS. ‘‘(ii) the resulting grants (or contracts) under this subsection is operationally prob- Section 201 (42 U.S.C. 5001) is amended— maintain a similar program distribution; and lematic, and may, in consultation with pro- (1) in subsection (a)— ‘‘(iii) every effort is made to minimize the gram directors of the Retired Senior Volun- (A) in the matter preceding paragraph (1), disruption to volunteers; and teer Program and after notifying the Com- by striking ‘‘avail themselves of opportuni- ‘‘(C) shall include the performance meas- mittee on Education and Labor of the House ties for volunteer service in their commu- ures, outcomes, and other criteria estab- of Representatives and the Committee on nity’’ and inserting ‘‘share their experiences, lished under subsection (f). Health, Education, Labor, and Pensions of abilities, and skills for the betterment of ‘‘(3) ESTABLISHMENT OF COMPETITIVE PROC- the Senate— their communities and themselves through ESS.—The Corporation shall establish and ‘‘(i) eliminate the use of that performance service’’; make available the competitive process re- measure, outcome, or criterion; or (B) in paragraph (2), by striking ‘‘, and in- quired by paragraph (1)(B) no later than 18 ‘‘(ii) modify that performance measure, dividuals 60 years of age or older will be months after the date of the enactment of outcome, or criterion as necessary to render given priority for enrollment,’’; this subsection. The Corporation shall con- it no longer operationally problematic. (C) in paragraph (3) by inserting ‘‘either sult with the program directors of the Re- ‘‘(g) ONLINE RESOURCE GUIDE.—The Cor- prior to or during the volunteer service’’ tired Senior Volunteer Program during de- poration shall develop and disseminate an after ‘‘may be necessary’’; and— velopment and implementation of the com- online resource guide for the Retired Senior (D) by striking paragraph (4) and inserting petitive process. Volunteer Program within 180 days after the the following: ‘‘(f) EVALUATION PROCESS REQUIRED.— date of the enactment of this subsection, ‘‘(4) the project is being designed and im- ‘‘(1) IN GENERAL.—Notwithstanding section which shall include, but not be limited to— plemented with the advice of experts in the 412, and effective beginning 180 days after the ‘‘(1) examples of high performing pro- field of service to be delivered as well as with date of the enactment of this subsection, grams; those who have expertise in the recruitment each grant or contract under this section ‘‘(2) corrective actions for underperforming and management of volunteers, particularly that expires in fiscal year 2010, 2011, and 2012 programs; and those of the Baby Boom generation.’’; shall be subject to an evaluation process. ‘‘(3) examples of meaningful outcome-based (2) by amending subsection (c) to read as The evaluation process shall be carried out, performance measures that capture a pro- follows: to the maximum extent practicable, in fiscal gram’s mission and priorities. ‘‘(c) The Director shall give priority to year 2009, 2010, and 2011, respectively. ‘‘(h) REPORT TO CONGRESS.—The Corpora- projects— ‘‘(2) ELEMENTS OF EVALUATION PROCESS.— tion shall submit, by 2012, to the Committee ‘‘(1) utilizing retired scientists, techni- The evaluation process required by para- on Education and Labor of the House of Rep- cians, engineers, and mathematicians (the graph (1)— resentatives and the Committee on Health, STEM professionals) to improve Science, ‘‘(A) shall include performance measures, Education, Labor, and Pensions of the Sen- Technology, Engineering, and Mathematics outcomes, and other criteria; and ate a report on— (STEM) education through activities such as ‘‘(B) shall evaluate the extent to which the ‘‘(1) the number of programs that did not assisting teachers in classroom demonstra- recipient of the grant or contract meets or meet or exceed the established performance

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1490 CONGRESSIONAL RECORD — HOUSE March 11, 2008 measures, outcomes, and other criteria es- ‘‘(3) An individual who is not a low-income (2) in subsection (b)— tablished under subsection (f); person may not become a volunteer under (A) in paragraph (1), by inserting before ‘‘(2) the number of new grants awarded; this part if allowing that individual to be- the period at the end the following: ‘‘or Alz- ‘‘(3) the challenges to the implementation come a volunteer under this part would pre- heimer’s disease, with an intent of allowing of evaluation and competition, including but vent a low-income person from becoming a those served to age in place’’; not limited to geographic distribution and volunteer under this part or would displace a (B) in paragraph (2), by inserting before the the minimization of disruption to volun- low-income person from being a volunteer period at the end the following: ‘‘through teers; and under this part. education, prevention, treatment, and reha- ‘‘(4) how the current program geographic ‘‘(4) The Office of Outreach and Recruit- bilitation’’; distribution affects recruitment for the Re- ment shall conduct outreach to ensure the (C) in paragraph (3), by inserting before the tired Senior Volunteer Program.’’. inclusion of low-income persons in programs period at the end the following: ‘‘, including SEC. 2204. FOSTER GRANDPARENT PROGRAM and activities authorized under this title.’’; programs that teach parenting skills, life GRANTS. and skills, and family management skills’’; Section 211 (42 U.S.C. 5011) is amended— (8) by adding at the end the following new (D) by amending paragraph (4) to read as (1) in subsection (a), by striking ‘‘low-in- subsections: follows: come persons aged sixty or over’’ and insert- ‘‘(g) The Director may also provide a sti- ‘‘(4) Programs that establish and support ing ‘‘low-income and other persons aged 55 or pend or allowance in an amount not to ex- mentoring programs for disadvantaged youth over’’; ceed 10 percent more than the amount estab- (as defined in section 101 of the National and (2) in subsection (b)— lished under subsection (d) to leaders who, Community Service Act of 1990), including (A) in paragraph (1)— on the basis of past experience as volunteers, those mentoring programs that match youth special skills, and demonstrated leadership (i) in the matter preceding subparagraph with volunteer mentors leading to appren- abilities, may coordinate activities, includ- (A), by striking ‘‘shall have the exclusive au- ticeship programs and employment train- ing training, and otherwise support the serv- thority to determine, pursuant to the provi- ing.’’; ice of volunteers under this part. sions of paragraph (2) of this subsection—’’ (E) in paragraph (5), by inserting before the ‘‘(h) The program may accept up to 15 per- and inserting ‘‘may determine—’’; period at the end the following: ‘‘, including cent of volunteers serving in a project under (ii) in subparagraph (A), by striking ‘‘and’’; those programs that serve youth and adults this part for a fiscal year who do not meet (iii) in subparagraph (B), by striking the with limited English proficiency’’; the definition of ‘low-income’ under sub- period and inserting ‘‘; and’’; and (F) in paragraph (6), by striking ‘‘and’’ and section (e), upon certification by the recipi- (iv) by adding after subparagraph (B) the all that follows through the period and in- ent of a grant or contract that it is unable to following: sert ‘‘and for individuals and children with effectively recruit and place low-income vol- ‘‘(C) whether it is in the best interests of a disabilities or chronic illnesses living at unteers in the number of placements ap- child receiving, and of a particular foster home.’’; proved for the project.’’. grandparent providing, services in such a (G) in paragraph (7), by striking ‘‘after- SEC. 2205. SENIOR COMPANION PROGRAM project, to continue such relationship after school activities’’ and all that follows the child reaches the age of 21, if such child GRANTS. Section 213 (42 U.S.C. 5013) is amended— through the period at the end and inserting was receiving such services prior to attain- ‘‘after-school programs serving children in ing the age of 21.’’; (1) in subsection (a), by striking ‘‘low-in- come persons aged 60 or over’’ and inserting low-income communities that may engage (B) by striking paragraph (2); and participants in mentoring relationships, tu- (C) by redesignating paragraph (3) as para- ‘‘low-income and other persons aged 55 or over’’; toring, life skills or study skills programs, graph (2); service-learning, physical, nutrition, and (3) in paragraph (2) (as redesignated by this (2) in subsection (b), by striking ‘‘Sub- sections (d), (e), and (f)’’ and inserting ‘‘Sub- health education programs, including pro- section), by striking ‘‘paragraphs (1) and (2)’’ grams aimed at fighting childhood obesity, and inserting ‘‘paragraph (1)’’; sections (d) through (h)’’; and (3) by striking subsection (c)(2)(B) and in- and other activities addressing the needs of (4) by adding after paragraph (2) (as redes- the community’s children, including those of ignated by this section) the following: serting the following: ‘‘(B) Senior companion volunteer trainers working parents.’’; ‘‘(3) If an assignment of a foster grand- (H) by striking paragraphs (8), (9), (12), (13), parent is suspended or discontinued, the re- and leaders may receive a stipend or allow- (14), (15), (16), and (18); placement of that foster grandparent shall ance consistent with subsection (g) author- (I) by redesignating paragraphs (10) and be determined through the mutual agree- ized under subsection (d) of section 211, as (11) as paragraphs (8) and (9), respectively; ment of all parties involved in the provision approved by the Director.’’. (J) by inserting after paragraph (9) (as so of services to the child.’’; SEC. 2206. PROMOTION OF NATIONAL SENIOR redesignated) the following: (5) in subsection (d), in the second sen- SERVICE CORPS. ‘‘(10) Programs that engage older adults tence, by striking ‘‘Any stipend’’ and all Section 221 (42 U.S.C. 5021) is amended— with children and youth to complete service that follows through ‘‘inflation,’’ and insert- (1) in the section heading, by striking in energy conservation, environmental stew- ing ‘‘Any stipend or allowance provided ‘‘VOLUNTEER’’ and inserting ‘‘SERVICE’’; and ardship, or other environmental needs of a under this part shall not exceed 75 percent of (2) in subsection (b)(2), by inserting ‘‘of all community. the minimum wage under section 6 the Fair ages and backgrounds living in rural, subur- ‘‘(11) Programs that collaborate with Labor Standards Act of 1938 (29 U.S.C. 206), ban, and urban localities’’ after ‘‘greater par- criminal justice professionals and organiza- and the Federal share shall not be less than ticipation of volunteers’’. tions in prevention programs aimed at dis- $2.65 per hour, provided that the Director SEC. 2207. TECHNICAL AMENDMENTS. advantaged youth (as defined in section 101 shall adjust the Federal share once prior to (a) CHANGE IN AGE ELIGIBILITY.—Section of the National and Community Service Act December 31, 2012, to account for inflation,’’; 223 (42 U.S.C. 5023) is amended by striking of 1990) or youth re-entering society after in- (6) in subsection (e)— ‘‘sixty years and older from minority carceration and their families, which may (A) in paragraph (1), by striking ‘‘125’’ and groups’’ and inserting ‘‘55 years and older include mentoring and counseling, which inserting ‘‘200’’; and from minority and underserved popu- many include employment counseling.’’; (B) in paragraph (2), by striking ‘‘, as so ad- lations’’. (K) by redesignating paragraph (17) as justed’’ and all that follows through ‘‘local (b) NAME CHANGE.—Section 224 (42 U.S.C. paragraph (12); and situations’’; 5024) is amended in the heading by striking (L) by adding at the end the following: (7) by striking subsection (f) and inserting: ‘‘VOLUNTEER’’ and inserting ‘‘SERVICE’’. ‘‘(f)(1) Subject to the restrictions in para- SEC. 2208. PROGRAMS OF NATIONAL SIGNIFI- ‘‘(13) Programs that strengthen commu- graph (3), individuals who are not low-in- CANCE. nity efforts in support of homeland secu- come persons may serve as volunteers under Section 225 (42 U.S.C. 5025) is amended— rity.’’; this part. The regulations issued by the Di- (1) in subsection (a)— (3) in subsection (c)(1), by striking ‘‘shall rector to carry out this part (other than reg- (A) by amending paragraph (2) to read as demonstrate to the Director’’ and all that ulations relating to stipends or allowances follows: follows through the period at the end and in- to individuals authorized by subsection (d)) ‘‘(2) Applicants for grants under paragraph serting ‘‘shall demonstrate to the Director a shall apply to all volunteers under this part, (1) shall determine which program under level of expertise in carrying out such a pro- without regard to whether such volunteers part A, B, or C the program shall be carried gram.’’; and are eligible to receive a stipend or allowance out and submit an application as required for (4) in subsection (e)— under subsection (d). programs under part A, B, or C.’’; and (A) by inserting ‘‘widely’’ before ‘‘dissemi- ‘‘(2) Except as provided under paragraph (B) by adding at the end the following: nate’’; and (1), each recipient of a grant or contract to ‘‘(4) The Director shall ensure that at least (B) by striking ‘‘to field personnel’’ and all carry out a project under this part shall give 50 percent of the grants made under this sec- that follows through the period at the end equal treatment to all volunteers who par- tion are from applicants currently not re- and inserting ‘‘, including through the Office ticipate in such project, without regard to ceiving assistance from the Corporation and of Outreach and Recruitment and other vol- whether such volunteers are eligible to re- when possible in locations where there are unteer recruitment programs being carried ceive a stipend or allowance under sub- no current programs under part A, B, C in out by public or private non-profit organiza- section (d). existence.’’; tions.’’.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1491 SEC. 2209. ADDITIONAL PROVISIONS. ‘‘(2) programs with the capacity to connect tion 101 of the National and Community Part D of title II (42 U.S.C. 5000 et seq.) is to similar programs throughout a city or re- Service Act of 1990, that have been accepted amended by adding after section 227 the fol- gion to augment the available services to by the Corporation through the application lowing: older Americans and for members of the process in paragraph (4) and are outcome- ‘‘SEC. 228. CONTINUITY OF SERVICE. community to serve each other; based programs with measurable objectives ‘‘To ensure the continued service of indi- ‘‘(3) programs seeking to establish in an meeting community needs as determined by viduals in communities served by the Re- area where needs of older Americans are left the Corporation. tired and Senior Volunteer Program prior to unmet and older Americans are unable to ‘‘(7) The Director shall, in making such enactment of this section, in making grants consider aging in place without such service grants, give high priority to programs re- under this title the Corporation shall take exchange in place; and ceiving assistance under section 201.’’. actions it considers necessary to maintain ‘‘(4) programs that integrate participants Subtitle C—Amendments to Title IV service assignments for such seniors and to in or collaborate with service-learning pro- (Administration and Coordination) ensure continuity of service for commu- grams, AmeriCorps State and National pro- grams, the VISTA program, the Retired and SEC. 2301. NONDISPLACEMENT. nities. Section 404(a) (42 U.S.C. 5044(a)) is amended ‘‘SEC. 229. ACCEPTANCE OF DONATIONS. Senior Volunteer Program, Foster Grand- parents program, and the Senior Companion by striking ‘‘displacement of employed ‘‘(a) IN GENERAL.—Except as provided in programs, and programs described in section workers’’ and inserting ‘‘displacement of em- subsection (b), a program receiving assist- 411 of the of 1965 (42 ployed workers or volunteers (other than ance under this title may accept donations, U.S.C. 3032). participants under the national service including donations in cash or in kind. ‘‘(d) INCENTIVE GRANTS.—The incentive laws)’’. ‘‘(b) EXCEPTION.—Notwithstanding sub- grants referred to in subsection (a)(1)(B) are SEC. 2302. NOTICE AND HEARING PROCEDURES. section (a), a program receiving assistance incentive grants to programs receiving as- Section 412(a) (42 U.S.C. 5052(a)) is amend- under this title shall not accept donations sistance under this title, subject to the fol- ed— from the beneficiaries of the program.’’. lowing: (1) in paragraph (2)— SEC. 2210. AUTHORITY OF DIRECTOR. ‘‘(1) Such grants (which may be fixed- (A) by striking ‘‘75’’ and inserting ‘‘60’’; Section 231 (42 U.S.C. 5028) is amended— amount grants) shall be grants in an amount and (1) by amending subsection (a) to read as equal to $300 per volunteer enrolled in the (B) by adding ‘‘and’’ at the end; follows: program, except that such amount shall be (2) by striking paragraph (3); and ‘‘(a) IN GENERAL.— reduced as necessary to meet the goals of (3) by redesignating paragraph (4) as (3). ‘‘(1) ACTIVITIES AUTHORIZED.—The Director this section. SEC. 2303. DEFINITIONS. is authorized to— ‘‘(2) Such a grant shall be awarded to a Section 421 (42 U.S.C. 5061) is amended— ‘‘(A) make grants to or enter into con- program only if the program— (1) in paragraph (2), by inserting ‘‘, the tracts with public or nonprofit organiza- ‘‘(A) exceeds performance measures estab- Commonwealth of the Northern Mariana Is- tions, including organizations funded under lished under section 179 of the National and lands,’’ after ‘‘American Samoa,’’; part A, B, or C, for the purposes of dem- Community Service Act of 1990; (2) in paragraph (13), by striking ‘‘National onstrating innovative activities involving ‘‘(B) provides non-Federal matching funds Senior Volunteer Corps’’ and inserting ‘‘Na- older Americans as volunteers; and in an amount that is not less than 50 percent tional Senior Service Corps’’; and ‘‘(B) make incentive grants under sub- of the amount received by the program under (3) in paragraph (14)— section (d). this title; (A) by striking ‘‘National Senior Volunteer ‘‘(2) SUPPORT OF VOLUNTEERS.—The Direc- ‘‘(C) enrolls more than 50 percent of the Corps’’ and inserting ‘‘National Senior Serv- tor may support under this part both volun- volunteers in outcome-based service pro- ice Corps’’; and teers receiving stipends and volunteers not grams with measurable objectives meeting (B) by striking ‘‘parts A, B, C, and E of’’; receiving stipends.’’; community needs, as determined by the Cor- (2) in subsection (b)— poration; and SEC. 2304. PROTECTION AGAINST IMPROPER USE. (A) in the matter preceding paragraph (1), ‘‘(D) enrolls more volunteers from among Section 425 (42 U.S.C. 5065) is amended by by striking ‘‘subsection (a)’’ and inserting members of the Baby Boom generation, as striking ‘‘National Senior Volunteer Corps’’ ‘‘subsection (a)(1)(A)’’; defined in section 101 of the National and and inserting ‘‘National Senior Service (B) in paragraph (1), by striking ‘‘activi- Community Service Act of 1990, than were Corps’’. ties;’’ and inserting ‘‘activities described in enrolled in the program during the previous Subtitle D—Amendments to Title V section 225(b) and carried out through pro- fiscal year. (Authorization of Appropriations) grams described in parts A, B, and C;’’; and ‘‘(3) For each such grant, the Corporation SEC. 2401. AUTHORIZATION OF APPROPRIATIONS (C) by striking paragraphs (2) and (3) and shall require the recipient to provide match- FOR VISTA AND OTHER PURPOSES. inserting the following: ing funds of 70 cents from non-Federal Section 501 (42 U.S.C. 5081) is amended— ‘‘(2) programs that support older Ameri- sources for every $1 provided under the (1) in subsection (a)— cans in aging in place while augmenting the grant. (A) in paragraph (1), by striking ‘‘, exclud- capacity of members of a community to ‘‘(4) Such a grant shall be awarded to a ing section 109’’ and all that follows and in- serve each other through reciprocal service program only if the program submits, at serting ‘‘$100,000,000 for fiscal year 2008 and centers, service credit banking, community such time and in such manner as the Cor- such sums as may be necessary for each of economic scripts, barter services, poration may reasonably require, an applica- fiscal years 2009 through 2012.’’; timebanking, and other similar programs tion that contains— (B) by striking paragraphs (2) and (4) and where services are exchanged and not paid ‘‘(A) a demonstration that the program has redesignating paragraphs (3) and (5) as para- for; or met the requirements of paragraph (2); graphs (2) and (3); and ‘‘(3) grants to non-profit organizations to ‘‘(B) if applicable, a plan for innovative (C) in paragraph (2) (as redesignated by establish sites or programs to— programs as described in paragraph (6)(B)(ii); this section), by striking ‘‘, excluding sec- ‘‘(A) assist retiring or retired individuals ‘‘(C) a sustainability plan that describes tion 125’’ and all that follows and inserting in locating opportunities for— how the program will maintain the activities ‘‘such sums as may be necessary for each of ‘‘(i) public service roles, including through described in paragraph (6) when the grant fiscal years 2008 through 2012.’’; and paid or volunteer service; terminates; and (2) by striking subsection (e). ‘‘(ii) participating in life-planning pro- ‘‘(D) other information that the Corpora- SEC. 2402. AUTHORIZATION OF APPROPRIATIONS grams, including financial planning and tion may require. FOR NATIONAL SENIOR SERVICE issues revolving around health and wellness; ‘‘(5) Such grants shall be awarded for a pe- CORPS. and riod of 3 years, except that the grant shall be Section 502 (42 U.S.C. 5082) is amended to ‘‘(iii) continuing education, including lead- reviewed by the Corporation at the end of read as follows: ership development, health and wellness, and the first and second fiscal years and revoked ‘‘SEC. 502. NATIONAL SENIOR SERVICE CORPS. technological literacy; and if the Corporation finds that the program ‘‘(a) RETIRED AND SENIOR VOLUNTEER PRO- ‘‘(B) connect retiring or retired individuals has failed to continue to meet the require- GRAM.—There are authorized to be appro- with members of the community to serve as ments of paragraph (2) for those fiscal years. priated to carry out part A of title II, leaders and mentors in life planning, rela- ‘‘(6) Such grants— $67,500,000 for fiscal year 2008 and such sums tionships, employment counseling, education ‘‘(A) shall be used to increase the number as may be necessary for each of fiscal years counseling, and other areas of expertise as of volunteers in outcome-based service with 2009 through 2012. developed by the retiring or retired adults.’’; measurable objectives meeting community ‘‘(b) FOSTER GRANDPARENT PROGRAM.— and needs as determined by the Corporation; and There are authorized to be appropriated to (3) by adding at the end the following: ‘‘(B) may be used— carry out part B of title II, $115,000,000 for ‘‘(c) PRIORITY.—For purposes of subsection ‘‘(i) for activities for which the program is fiscal year 2008 and such sums as may be nec- (b)(2), priority shall be given to— authorized to receive assistance under this essary for each of fiscal years 2009 through ‘‘(1) programs with established experience title; and 2012. in carrying out such a program and engaging ‘‘(ii) for innovative programs focused on ‘‘(c) SENIOR COMPANION PROGRAM.—There the entire community in service exchange; the Baby Boom generation, as defined in sec- are authorized to be appropriated to carry

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1492 CONGRESSIONAL RECORD — HOUSE March 11, 2008 out part C of title II, $52,000,000 for fiscal ‘‘Sec. 129A. Education awards only research. ‘‘Subtitle G—Corporation for National and year 2008 and such sums as may be necessary ‘‘Sec. 130. Application for assistance and ap- Community Service for each of fiscal years 2009 through 2012. proved national service posi- ‘‘Sec. 191. Corporation for National and ‘‘(d) DEMONSTRATION PROGRAMS.—There are tions. Community Service. authorized to be appropriated to carry out ‘‘Sec. 131. National service program assist- ‘‘Sec. 192. Board of Directors. part E of title II, $500,000 for fiscal year 2008 ance requirements. ‘‘Sec. 192A. Authorities and duties of the and such sums as may be necessary for each ‘‘Sec. 132. Ineligible service categories. Board of Directors. of fiscal years 2009 through 2012.’’. ‘‘Sec. 133. Consideration of applications. ‘‘Sec. 193. Chief Executive Officer. SEC. 2403. ADMINISTRATION AND COORDINA- ‘‘PART III—NATIONAL SERVICE PARTICIPANTS ‘‘Sec. 193A. Authorities and duties of the TION. ‘‘Sec. 137. Description of participants. Chief Executive Officer. Section 504 (42 U.S.C. 5084) is amended to ‘‘Sec. 138. Selection of national service par- read as follows: ‘‘Sec. 194. Officers. ticipants. ‘‘Sec. 195. Employees, consultants, and other ‘‘SEC. 504. ADMINISTRATION AND COORDINA- ‘‘Sec. 139. Terms of service. TION. personnel. ‘‘There are authorized to be appropriated ‘‘Sec. 140. Living allowances for national ‘‘Sec. 196. Administration. for the administration of this Act $35,000,000 service participants. ‘‘Sec. 196A. Corporation State offices. for fiscal year 2008 and such sums as may be ‘‘Sec. 141. National service educational ‘‘Sec. 196B. Office of Outreach and Recruit- necessary for each of fiscal years 2009 awards. ment. through 2012.’’. ‘‘Subtitle D—National Service Trust and ‘‘Subtitle H—Investment for Quality and TITLE III—AMENDMENTS TO OTHER LAWS Provision of National Service Educational Innovation Awards SEC. 3101. INSPECTOR GENERAL ACT OF 1978. ‘‘PART I—ADDITIONAL CORPORATION Section 8F(a)(1) of the Inspector General ‘‘Sec. 145. Establishment of the National ACTIVITIES TO SUPPORT NATIONAL SERVICE Service Trust. Act of 1978 (5 U.S.C. App.) is amended by ‘‘Sec. 198. Additional corporation activities ‘‘Sec. 146. Individuals eligible to receive a striking ‘‘National and Community Service to support national service. national service educational Trust Act of 1993’’ and inserting ‘‘National ‘‘Sec. 198B. Presidential awards for service. and Community Service Act of 1990’’. award from the Trust. ‘‘Sec. 147. Determination of the amount of ‘‘PART II—INNOVATIVE AND MODEL PROGRAM TITLE IV—TECHNICAL AMENDMENTS TO the national service edu- SUPPORT TABLES OF CONTENTS cational award. ‘‘Sec. 198D. Innovative and model program SEC. 4101. TABLE OF CONTENTS FOR THE NA- ‘‘Sec. 148. Disbursement of national service support. TIONAL AND COMMUNITY SERVICE educational awards. ACT OF 1990. ‘‘PART III—NATIONAL SERVICE PROGRAMS ‘‘Sec. 149. Process of approval of national Section 1(b) of the National and Commu- CLEARINGHOUSE service positions. nity Service Act of 1990 (42 U.S.C. 12501 note) ‘‘Sec. 198E. National service programs clear- ‘‘Subtitle E—National Civilian Community is amended to read as follows: inghouse. ‘‘(b) TABLE OF CONTENTS.—The table of Corps ‘‘Subtitle I—American Conservation and contents for this Act is as follows: ‘‘Sec. 151. Purpose. Youth Corps ‘‘Sec. 1. Short title and table of contents. ‘‘Sec. 152. Establishment of National Civil- ‘‘Sec. 2. Findings and purpose. ian Community Corps Program. ‘‘Sec. 199. Short title. ‘‘Sec. 3. Sense of Congress. ‘‘Sec. 153. National service program. ‘‘Sec. 199A. General authority. ‘‘TITLE I—NATIONAL AND COMMUNITY ‘‘Sec. 154. Summer national service pro- ‘‘Sec. 199B. Limitation on purchase of cap- SERVICE STATE GRANT PROGRAM gram. ital equipment. ‘‘Subtitle A—General Provisions ‘‘Sec. 155. National Civilian Community ‘‘Sec. 199C. State application. ‘‘Sec. 101. Definitions. Corps. ‘‘Sec. 199D. Focus of programs. ‘‘Sec. 156. Training. ‘‘Sec. 199E. Related programs. ‘‘Subtitle B—School-Based and Community- ‘‘Sec. 157. Service projects. ‘‘Sec. 199F. Public lands or Indian lands. Based Service-Learning Programs ‘‘Sec. 158. Authorized benefits for Corps ‘‘Sec. 199G. Training and education services. ‘‘PART I—PROGRAMS FOR ELEMENTARY AND members. ‘‘Sec. 199H. Preference for certain projects. SECONDARY STUDENTS ‘‘Sec. 159. Administrative provisions. ‘‘Sec. 199I. Age and citizenship criteria for ‘‘Sec. 111. Assistance to States, Territories, ‘‘Sec. 160. Status of Corps members and enrollment. and Indian tribes. Corps personnel under Federal ‘‘Sec. 199J. Use of volunteers. ‘‘Sec. 112. Allotments. law. ‘‘Sec. 199K. Living allowance. ‘‘Sec. 113. Applications. ‘‘Sec. 161. Contract and grant authority. ‘‘Sec. 114. Consideration of applications. ‘‘Sec. 199L. Joint programs. ‘‘Sec. 115. Participation of students and ‘‘Sec. 162. Responsibilities of other depart- ‘‘Sec. 199M. Federal and State employee sta- teachers from private schools. ments. tus. ‘‘Sec. 163. Advisory board. ‘‘Sec. 116. Federal, State, and local contribu- ‘‘Subtitle J—Training and Technical ‘‘Sec. 164. Annual evaluation. tions. Assistance ‘‘Sec. 116A. Limitations on uses of funds. ‘‘Sec. 166. Definitions. ‘‘Sec. 199N. Training and technical assist- ‘‘Subtitle F—Administrative Provisions ‘‘PART II—HIGHER EDUCATION INNOVATIVE ance. PROGRAMS FOR COMMUNITY SERVICE ‘‘Sec. 171. Family and medical leave. ‘‘TITLE II—MODIFICATIONS OF EXISTING ‘‘Sec. 117. Higher education innovative pro- ‘‘Sec. 172. Reports. PROGRAMS grams for community service. ‘‘Sec. 173. Supplementation. ‘‘Subtitle A—Publication ‘‘PART III—INNOVATIVE SERVICE-LEARNING ‘‘Sec. 174. Prohibition on use of funds. PROGRAMS AND RESEARCH ‘‘Sec. 175. Nondiscrimination. ‘‘Sec. 201. Information for students. ‘‘Sec. 176. Notice, hearing, and grievance ‘‘Sec. 118. Innovative demonstration service- ‘‘Sec. 202. Exit counseling for borrowers. procedures. learning programs and re- ‘‘Sec. 203. Department information on ‘‘Sec. 177. Nonduplication and nondisplace- search. deferments and cancellations. ment. ‘‘Sec. 204. Data on deferments and cancella- ‘‘Subtitle C—National Service Trust ‘‘Sec. 178. State Commissions on National tions. Program and Community Service. ‘‘Subtitle B—Youthbuild Projects ‘‘PART I—INVESTMENT IN NATIONAL SERVICE ‘‘Sec. 179. Evaluation. ‘‘Sec. 121. Authority to provide assistance ‘‘Sec. 180. Engagement of participants. ‘‘Sec. 211. Youthbuild projects. and approved national service ‘‘Sec. 181. Contingent extension. ‘‘Subtitle C—Amendments to Student positions. ‘‘Sec. 182. Partnerships with schools. Literacy Corps ‘‘Sec. 122. Types of national service pro- ‘‘Sec. 183. Rights of access, examination, ‘‘Sec. 221. Amendments to Student Literacy grams eligible for program as- and copying. Corps. sistance. ‘‘Sec. 184. Drug-free workplace require- ‘‘Sec. 123. Types of national service posi- ments. ‘‘TITLE IV—PROJECTS HONORING tions eligible for approval for ‘‘Sec. 185. Consolidated application and re- VICTIMS OF TERRORIST ATTACKS national service educational porting requirements. ‘‘Sec. 401. Projects. awards. ‘‘Sec. 186. Sustainability. ‘‘TITLE V—AUTHORIZATION OF ‘‘Sec. 124. Types of program assistance. ‘‘Sec. 187. Use of recovered funds. APPROPRIATIONS ‘‘Sec. 126. Other special assistance. ‘‘Sec. 188. Expenses of attending meetings. ‘‘Sec. 501. Authorization of appropriations. ‘‘PART II—APPLICATION AND APPROVAL ‘‘Sec. 189. Grant periods. PROCESS ‘‘Sec. 189A. Generation of volunteers. ‘‘TITLE VI—MISCELLANEOUS ‘‘Sec. 129. Provision of assistance and ap- ‘‘Sec. 189B. Limitation on program grant PROVISIONS proved national service posi- costs. ‘‘Sec. 601. Amtrak waste disposal. tions. ‘‘Sec. 189C. Audits and reports. ‘‘Sec. 602. Exchange program with countries in transition from totali- tarianism to Democracy.’’.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0655 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1493 SEC. 4102. TABLE OF CONTENTS FOR THE DOMES- ‘‘Sec. 424. Review of project renewals. ‘‘Congressional Commission on Civic Serv- TIC VOLUNTEER SERVICE ACT OF ‘‘Sec. 425. Protection against improper use. ice’’ (in this title referred to as the ‘‘Com- 1973. ‘‘Sec. 426. Center for Research and Training. mission’’). Section 1(b) of the Domestic Volunteer ‘‘TITLE V—AUTHORIZATION OF SEC. 6104. DUTIES. Service Act of 1973 (42 U.S.C. 4950 note) is APPROPRIATIONS (a) GENERAL PURPOSE.—The purpose of the amended to read as follows: Commission is to gather and analyze infor- ‘‘(b) TABLE OF CONTENTS.—The table of ‘‘Sec. 501. National volunteer antipoverty mation in order to make recommendations contents for this Act is as follows: programs. ‘‘Sec. 502. National Senior Service Corps. to Congress to— ‘‘Sec. 1. Short title; table of contents. ‘‘Sec. 504. Administration and coordination. (1) improve the ability of individuals in the ‘‘Sec. 2. Volunteerism policy. ‘‘Sec. 505. Availability of appropriations. United States to serve others and, by doing ‘‘TITLE I—NATIONAL VOLUNTEER ‘‘TITLE VI—AMENDMENTS TO OTHER so, to enhance our Nation and the global ANTIPOVERTY PROGRAMS LAWS AND REPEALERS community; (2) train leaders in public service organiza- ‘‘PART A—VOLUNTEERS IN SERVICE TO ‘‘Sec. 601. Supersedence of Reorganization tions to better utilize individuals committed AMERICA Plan No. 1 of July 1, 1971. to national service and volunteerism as they ‘‘Sec. 101. Statement of purpose. ‘‘Sec. 602. Creditable service for civil service manage human and fiscal resources; ‘‘Sec. 102. Authority to operate VISTA pro- retirement. (3) identify and offer solutions to the bar- gram. ‘‘Sec. 603. Repeal of title VIII of the Eco- riers that make it difficult for some individ- ‘‘Sec. 103. Selection and assignment of vol- nomic Opportunity Act. uals in the United States to volunteer or per- unteers. ‘‘Sec. 604. Repeal of title VI of the Older form national service; and ‘‘Sec. 103A. VISTA programs of national sig- Americans Act.’’. (4) build on the foundation of service and nificance. TITLE V—EFFECTIVE DATE ‘‘Sec. 104. Terms and periods of service. volunteer opportunities that are currently ‘‘Sec. 105. Support service. SEC. 5101. EFFECTIVE DATE. available. ‘‘Sec. 106. Participation of beneficiaries. Unless specifically provided otherwise, the (b) SPECIFIC TOPICS.—In carrying out its ‘‘Sec. 107. Participation of younger and amendments made by this Act shall take ef- general purpose under subsection (a), the older persons. fect on the date of the enactment of this Act. Commission shall address and analyze the ‘‘Sec. 108. Limitation. SEC. 5102. SERVICE ASSIGNMENTS AND AGREE- following specific topics: ‘‘Sec. 110. Applications for assistance. MENTS. (1) The level of understanding about the (a) SERVICE ASSIGNMENTS.—Changes pursu- current Federal, State, and local volunteer ‘‘PART C—SPECIAL VOLUNTEER PROGRAMS ant to this Act in the terms and conditions programs and opportunities for service ‘‘Sec. 121. Statement of purpose. of terms of service and other service assign- among individuals in the United States. ‘‘Sec. 122. Authority to establish and oper- ments under the national service laws (in- (2) The issues that deter volunteerism and ate special volunteer and dem- cluding the amount of the education award) national service, particularly among young onstration programs. shall apply only to individuals who enroll or people, and how the identified issues can be ‘‘Sec. 123. Financial assistance. otherwise begin service assignments after 90 overcome. ‘‘TITLE II—NATIONAL SENIOR SERVICE days after the date of enactment of this Act, (3) Whether there is an appropriate role for CORPS except when agreed upon by all interested Federal, State, and local governments in ‘‘Sec. 200. Statement of purpose. parties. overcoming the issues that deter vol- (b) AGREEMENTS.—Changes pursuant to unteerism and national service and, if appro- ‘‘PART A—RETIRED AND SENIOR VOLUNTEER this Act in the terms and conditions of priate, how to expand the relationships and PROGRAM grants, contracts, or other agreements under partnerships between different levels of gov- ‘‘Sec. 201. Grants and contracts for volun- the national service laws shall apply only to ernment in promoting volunteerism and na- teer service projects. such agreements entered into after 90 days tional service. ‘‘PART B—FOSTER GRANDPARENT PROGRAM after the date of enactment of this Act, ex- (4) Whether existing databases are effec- ‘‘Sec. 211. Grants and contracts for volun- cept when agreed upon by the parties to such tive in matching community needs to would- teer service projects. agreements. be volunteers and service providers. (c) EXCEPTION.—Subsections (a) and (b) do (5) The effect on the Nation, on those who ‘‘PART C—SENIOR COMPANION PROGRAM not apply to the amendments made by this serve, and on the families of those who serve, ‘‘Sec. 213. Grants and contracts for volun- Act to section 201 of the Domestic Volunteer if all individuals in the United States were teer service projects. Service Act of 1973 (42 U.S.C. 5001). Any expected to perform national service or were ‘‘PART D—GENERAL PROVISIONS changes pursuant to those amendments required to perform a certain amount of na- ‘‘Sec. 221. Promotion of National Senior apply as specified in those amendments. tional service. Service Corps. TITLE VI—CONGRESSIONAL COMMISSION (6) Whether a workable, fair, and reason- ‘‘Sec. 222. Payments. ON CIVIC SERVICE able mandatory service requirement for all ‘‘Sec. 223. Minority group participation. able young people could be developed, and SEC. 6101. SHORT TITLE. ‘‘Sec. 224. Use of locally generated contribu- how such a requirement could be imple- This title may be cited as the ‘‘Congres- tions in National Senior Serv- mented in a manner that would strengthen sional Commission on Civic Service Act’’. ice Corps. the social fabric of the Nation and overcome ‘‘Sec. 225. Programs of national significance. SEC. 6102. FINDINGS. civic challenges by bringing together people ‘‘Sec. 226. Adjustments to Federal financial Congress finds the following: from diverse economic, ethnic, and edu- assistance. (1) The social fabric of the United States is cational backgrounds. ‘‘Sec. 227. Multiyear grants or contracts. stronger if individuals in the United States (7) The need for a public service academy, ‘‘Sec. 228. Continuity of service. are committed to protecting and serving our a 4-year institution that offers a federally ‘‘Sec. 229. Acceptance of donations. Nation by utilizing national service and vol- funded undergraduate education with a focus unteerism to overcome our civic challenges. ‘‘PART E—DEMONSTRATION PROGRAMS on training future public sector leaders. (2) A more engaged civic society will (8) The means to develop awareness of na- ‘‘Sec. 231. Authority of Director. strengthen the Nation by bringing together tional service and volunteer opportunities at ‘‘TITLE IV—ADMINISTRATION AND people from diverse backgrounds and experi- a young age by creating, expanding, and pro- COORDINATION ences to work on solutions to some of our moting service options for primary and sec- ‘‘Sec. 403. Political activities. Nation’s major challenges. ondary school students and by raising aware- ‘‘Sec. 404. Special limitations. (3) Despite declines in civic health in the ness of existing incentives. ‘‘Sec. 406. Labor standards. past 30 years, national service and vol- (9) The effectiveness of establishing a ‘‘Sec. 408. Joint funding. unteerism among the Nation’s youth are in- training program on college campuses to re- ‘‘Sec. 409. Prohibition of Federal control. creasing, and existing national service and cruit and educate college students for na- ‘‘Sec. 410. Coordination with other pro- volunteer programs greatly enhance oppor- tional service. grams. tunities for youth to engage in civic activ- (10) The effect on United States diplomacy ‘‘Sec. 411. Prohibition. ity. and foreign policy interests of expanding ‘‘Sec. 414. Distribution of benefits between (4) In addition to the benefits received by service opportunities abroad, such as the rural and urban areas. nonprofit organizations and society as a , and the degree of need and ca- ‘‘Sec. 415. Application of Federal law. whole, volunteering and national service pro- pacity abroad for an expansion. ‘‘Sec. 416. Evaluation. vide a variety of personal benefits and satis- (11) The constraints that service providers, ‘‘Sec. 417. Nondiscrimination provisions. faction and can lead to new paths of civic en- nonprofit organizations, and State and local ‘‘Sec. 418. Eligibility for other benefits. gagement, responsibility, and upward mobil- agencies face in utilizing federally funded ‘‘Sec. 419. Legal expenses. ity. volunteer programs, and how these con- ‘‘Sec. 421. Definitions. SEC. 6103. ESTABLISHMENT. straints can be overcome. ‘‘Sec. 422. Audit. There is established in the legislative (12) Whether current Federal volunteer ‘‘Sec. 423. Reduction of paperwork. branch a commission to be known as the programs are suited to address the special

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1494 CONGRESSIONAL RECORD — HOUSE March 11, 2008

skills and needs of senior volunteers, and if (1) APPOINTMENT.—The Commission shall ice should make the maximum effort pos- not, how these programs can be improved have a Director who shall be appointed by sible to coordinate the recruiting and assign- such that the Federal Government can effec- the Chairperson with the approval of the ment procedures of their various programs tively promote service among the ‘‘baby Commission. to allow senior citizens and their grand- boomer’’ generation. (2) CREDENTIALS.—The Director shall have children to share volunteer opportunities (c) METHODOLOGY.— credentials related to international public and/or be assigned to the same geographic (1) PUBLIC HEARINGS.—The Commission service, national public service, service- areas during their period of service. shall conduct public hearings in various lo- learning, or local service. TITLE VIII—SENSE OF CONGRESS cations around the United States. (3) SALARY.—The Director shall be paid at SEC. 8101. SENSE OF CONGRESS. (2) REGULAR AND FREQUENT CONSULTA- a rate determined by the Chairperson with It is the Sense of Congress that the Cor- TION.—The Commission shall regularly and the approval of the Commission, except that poration for National and Community Serv- frequently consult with an advisory panel of the rate may not exceed the rate of basic pay ice should make the maximum effort pos- Members of Congress appointed for such pur- for GS–15 of the General Schedule. sible to coordinate with the National Endow- pose by the Speaker of the House of Rep- (b) STAFF.—With the approval of the Chair- ment for the Humanities to provide opportu- resentatives and the majority leader of the person, the Director may appoint and fix the nities for young people enrolled in NACS Senate. pay of additional qualified personnel as the programs to collect oral histories form sen- SEC. 6105. MEMBERSHIP. Director considers appropriate. ior citizens in the communities where they (a) NUMBER AND APPOINTMENT.— (c) EXPERTS AND CONSULTANTS.—With the serve. approval of the Commission, the Director (1) IN GENERAL.—The Commission shall be The SPEAKER pro tempore. Pursu- composed of 8 members appointed as follows: may procure temporary and intermittent (A) 2 members appointed by the Speaker of services under section 3109(b) of title 5, ant to the rule, the gentleman from the House of Representatives. United States Code, but at rates for individ- California (Mr. GEORGE MILLER) and (B) 2 members appointed by the minority uals not to exceed the daily equivalent of the the gentleman from Pennsylvania (Mr. leader of the House of Representatives. maximum annual rate of basic pay for GS–15 PLATTS) each will control 20 minutes. (C) 2 members appointed by the majority of the General Schedule. The Chair recognizes the gentleman leader of the Senate. (d) STAFF OF FEDERAL AGENCIES.—Upon re- from California. (D) 2 members appointed by the minority quest of the Commission, Chairperson, or Di- Mr. GEORGE MILLER of California. leader of the Senate. rector, the head of any Federal department or agency may detail, on a reimbursable Mr. Speaker, I rise in strong support of (2) QUALIFICATIONS.—The members of the H.R. 5563, the Generations Invigorating Commission shall consist of individuals who basis, any of the personnel of that depart- ment or agency to the Commission to assist Volunteerism and Education Act, the are of recognized standing and distinction in it in carrying out its duties under this title. the areas of international public service, na- first reauthorization of the national tional public service, service-learning, local SEC. 6107. POWERS OF COMMISSION. and community service laws and pro- service, business, or academia. (a) HEARINGS AND SESSIONS.—The Commis- gram since 1993. sion may, for the purpose of carrying out (3) DEADLINE FOR APPOINTMENT.—The mem- The legislation we are considering this title, hold public hearings, sit and act at bers of the Commission shall be appointed today includes all of the amendments times and places, take testimony, and re- not later than 90 days after the date of the approved last week by voice vote. It ceive evidence as the Commission considers enactment of this title. appropriate. also includes the provision on back- (4) CHAIRPERSON.—The Chairperson of the (b) POWERS OF MEMBERS AND AGENTS.—Any ground checks from the Republican Commission shall be designated by the member or agent of the Commission may, if motion to recommit. This bill is a bi- Speaker of the House of Representatives at authorized by the Commission, take any ac- partisan product. the time of the appointment. tion which the Commission is authorized to Through volunteer and community (b) TERMS.— take by this section. service programs, tens of millions of (1) IN GENERAL.—The members of the Com- (c) OBTAINING OFFICIAL DATA.—Upon re- mission shall serve for the life of the Com- quest of the Chairperson, the head of any de- Americans of different generations mission. partment or agency shall furnish informa- have become inspired to build stronger, (2) VACANCIES.—A vacancy in the Commis- tion to the Commission that the Commission more vibrant communities to help chil- sion shall not affect the power of the remain- deems necessary to enable it to carry out dren succeed in school and rebuild cit- ing members to execute the duties of the this title. ies in times of disaster. Commission but any such vacancy shall be (d) PHYSICAL FACILITIES AND EQUIPMENT.— In 2006, more than 61 million Ameri- filled in the same manner in which the origi- The Architect of the Capitol, in consultation cans gave back to their communities nal appointment was made. with the appropriate entities in the legisla- through service. The GIVE Act recog- (c) COMPENSATION.— tive branch, shall locate and provide suitable (1) RATES OF PAY; TRAVEL EXPENSES.—Each facilities and equipment for the operation of nizes this growing service movement member shall serve without pay, except that the Commission on a nonreimbursable basis. that is taking place across the Nation. each member shall receive travel expenses, (e) ADMINISTRATIVE SUPPORT SERVICES.— It builds upon the successful work including per diem in lieu of subsistence, in Upon the request of the Commission, the Ar- being done by members of AmeriCorps, accordance with applicable provisions under chitect of the Capitol and the Administrator of Vista, of Senior Corps, and Learn subchapter I of chapter 57 of title 5, United of General Services shall provide to the Com- and Serve America. States Code. mission on a nonreimbursable basis such ad- The GIVE Act would put us on a path (2) PROHIBITION OF COMPENSATION OF FED- ministrative support services as the Com- mission may request in order for the Com- to increasing the number of ERAL EMPLOYEES.—Notwithstanding para- AmeriCorps members from 75,000 to graph (1), any member of the Commission mission to carry out its responsibilities who is a full-time officer or employee of the under this title. 100,000 by 2012, with a focus on engag- United States may not receive additional SEC. 6108. REPORTS. ing low-income, disadvantaged, and at- pay, allowances, or benefits because of serv- (a) INTERIM REPORT.—The Commission risk young people. ice on the Commission. shall submit an interim report on its activi- The GIVE Act would also help (d) MEETING REQUIREMENTS.— ties to Congress not later than 20 months AmeriCorps members pay for college (1) FREQUENCY.— after the date of the enactment of this title. by increasing the scholarship they earn (b) FINAL REPORT.— (A) QUARTERLY MEETINGS.—The Commis- in exchange for their service from sion shall meet at least quarterly. (1) DEADLINE.—The Commission shall sub- mit a final report on its activities to Con- $4,725 to $5,255 by 2012. (B) ADDITIONAL MEETINGS.—In addition to This bill would introduce young peo- quarterly meetings, the Commission shall gress not later than 120 days after the sub- meet at the call of the Chairperson or a ma- mission of the interim report under sub- ple to community service by creating a jority of its members. section (a). new Summer of Service initiative that (2) CONTENTS.—The final report shall con- (2) QUORUM.—5 members of the Commission will offer middle school and high shall constitute a quorum but a lesser num- tain a detailed statement of the findings and school students the opportunity to ber may hold hearings. conclusions of the Commission, together spend a summer working to improve with its recommendations for proposed legis- (3) MEETING BY TELEPHONE OR OTHER APPRO- the communities while earning $500 to- lation. PRIATE TECHNOLOGY.—Members of the Com- ward college or college preparation. mission are permitted to meet using tele- SEC. 6109. TERMINATION. Alumni of service programs remain a phones or other suitable telecommunications The Commission shall terminate not later than 30 days after submitting its final report valuable resource to our communities. technologies provided that all members of After Hurricane Katrina devastated the the Commission can fully communicate with under section 6108(b)(1). all other members simultaneously. TITLE VII—SENSE OF CONGRESS gulf coast communities, AmeriCorps SEC. 6106. DIRECTOR AND STAFF OF COMMIS- SEC. 7101. SENSE OF CONGRESS. alumni played a key role in relief, re- SION; EXPERTS AND CONSULTANTS. It is the Sense of Congress that the Cor- covery, and rebuilding efforts on the (a) DIRECTOR.— poration for National and Community Serv- gulf coast.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1495 To help tap into these resources in gage often disadvantaged youth and One of the most effective volunteer times of emergency, this bill would provide them with a sense of pride and organizations in this Nation is create an Alumni Reserve Corps to civic responsibility. These programs AmeriCorps. AmeriCorps volunteers service alumni with previous disaster are truly win/win and provide a tre- offer a range of services focused on relief experience. mendous return on the Federal invest- low-income and disadvantaged commu- Each year, nearly a half a million ment. nities. Our legislation recognizes their older Americans participate in the Again, I want to thank Chairman invaluable work and increases the Senior Corps programs, mentoring chil- MILLER, Ranking Member MCKEON, and number of participants to 100,000. dren of prisoners, providing inde- Chairwoman MCCARTHY for working The GIVE Act also encourages pro- pendent living services to seniors, as- with me, and for all the staff who have grams to recruit underrepresented pop- sisting victims of natural disaster, and made this effort a success. ulations to serve, including scientists mobilizing other volunteers. I urge a ‘‘yes’’ vote and hope that my and engineers, young people in and/or The GIVE Act would expand the pur- colleagues will support these common- aging out of foster care, children at pose of the Senior Corps programs by sense reforms to our national service risk for delinquency, and other dis- adding an emphasis on recruiting re- programs and to support the GIVE Act. advantaged young people. I truly be- tired science, technology, health care, Mr. Speaker, I reserve the balance of lieve that expanding national service, law enforcement, and military profes- my time. particularly to disadvantaged youth, is sionals to help with education, after- Mr. GEORGE MILLER of California. an effective way to combat things like school, public safety, and technology Mr. Speaker, I yield 5 minutes to the gangs and violence, and the evidence needs. gentlewoman from New York (Mrs. bears that out. I want to thank the many Members MCCARTHY), a major champion of this If we are serious about reducing gang on both sides of the aisle who have legislation. violence in this Nation, we must take worked on this bill, in particular, Rep- Mrs. MCCARTHY of New York. Mr. the first step and offer our children an resentative MCCARTHY on our side of Speaker, I thank my chairman, GEORGE alternative. This legislation creates the aisle, Representative MCKEON and MILLER, for the great work that he has the Summer of Service program which Mr. PLATTS on the other side, who is done. gives middle school and high school handling the bill today for their leader- This is a great day for national serv- students an opportunity to become en- ship, as well as the Service Caucus for ice. It’s been 15 years since we have re- gaged in a positive way within their its support. authorized our national service laws. community. Through the Summer of Let me also thank the Voices of As chairwoman of the Healthy Fami- Service program, our Nation’s young Service and its member organizations lies and Communities Subcommittee, I people will have a chance to serve with which have been invaluable in helping am pleased to speak in support of H.R. others of their own age while improv- us develop this legislation. 5563, the Generations Invigorating Vol- ing their community. Service and volunteerism have unteerism and Education Act, the Research shows that if students are played an important role in our Na- GIVE Act. Unfortunately, this legisla- engaged in service at an early age, they tion’s history and will continue to help tion hit a procedural hurdle last week, will continue to serve throughout their us meet the challenges and the needs of but I am glad the House will today lifetime. our communities. This legislation re- have a chance once again to pass this We are strengthening the mission of flects the important role and builds important piece of legislation. the first responder volunteer program, upon it. The bill before us today incorporates the National Civilian Community Mr. Speaker, I reserve the balance of the amendments that were accepted on Corps, by requiring more intense dis- my time. the floor last week, including my man- aster and emergency relief training Mr. PLATTS. Mr. Speaker, I yield ager’s amendment, and amendments of- during down periods in order to be bet- myself such time as I may consume. fered by Representative MCKEON, MAT- ter prepared for the future. Mr. Speaker, I rise in support of H.R. SUI and SHAYS, INSLEE, SARBANES, b 1530 5563, the Generations Invigorating Vol- MCDERMOTT, three amendments from unteerism and Education Act, the Representative ENGLISH and two We are all aware of what our Nation GIVE Act, which will strengthen our amendments from Representative SUT- faced in the wake of Hurricane Nation’s national and community serv- TON. It also includes the language from Katrina, and the NCCC was there to re- ice programs. As you know, we debated the Republican motion to recommit. spond and continues to recover today. this legislation for hours last week and The administration and the service The GIVE Act will help our Nation adopted some very positive amend- community support the GIVE Act. become better prepared for future dis- ments. I’m pleased that the majority I would like to thank Chairman MIL- asters by training and preparing more has included these amendments in the LER again for his continued support emergency volunteers. The GIVE Act bill, as well as the Republican motion and work on this reauthorization. I creates cooperation and an Office of to recommit, which will ensure that would also like to extend my thanks to Outreach in recruitment. This new of- adequate criminal history checks will the ranking member of our committee, fice, among other duties, will establish be performed on anyone seeking a fed- Mr. MCKEON, for his hard work. And fi- a reserve corps made of those who have erally funded national service position, nally, I would like to thank the rank- gone through the program and are and that individuals who are registered ing member of my subcommittee, Mr. alumni. The reserve corps alumni will sex offenders or convicted murderers PLATTS, for his work on the reauthor- be called upon during emergencies and will not be selected for such positions. ization. disasters or other times of national While it was my hope that the dupli- I would also like to thank again the needs. cative Energy Conservation Corps is staff on both sides of the aisle for their We heard people asking over and over struck from the bill during the con- work on this important piece of legisla- again during our hearings why aren’t ference because the bill already ad- tion. we using our former members. The new dresses that through other sections of National service has a distinguished outreach office will work to connect this legislation, I’m proud to be part of and strong history in our Nation. The the over-500,000 former volunteers who this effort to provide more flexibility benefits of service cannot be dupli- can be a resource for the recruitment. for existing community service pro- cated. Evidence shows that service and The GIVE Act lowers the age of par- grams to ensure that the most innova- volunteering lowers school dropouts ticipation in the national senior serv- tive and effective grantees continue to and crime rates, lowers costs associ- ice to 55 years of age. By lowering the receive funding and to increase the ac- ated with the aging population, and age, we are encouraging retiring Amer- countability within the corporation. improves the health among the elderly. icans to participate in national service Programs such as Foster Grand- Volunteering is a cost effective way and giving older Americans the oppor- parents and Learn and Serve truly im- of working to solve the challenges fac- tunity to lead us into the future. pact the lives of America’s most needy. ing our Nation. That is why the pas- Our Nation’s retiring and retired AmeriCorps and NCCC participants en- sage of the GIVE Act is necessary. adults are a rich resource that no one

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1496 CONGRESSIONAL RECORD — HOUSE March 11, 2008 can duplicate, nor should they be over- Mr. PLATTS. Mr. Speaker, I con- doing, will showcase the best of what looked. Every American, old and tinue to reserve my time. America has to offer. young, has skills that can improve the Mr. GEORGE MILLER of California. Mr. PLATTS. Mr. Speaker, I yield day-to-day functions of our society. I yield myself 30 seconds. such time as he may consume to the The GIVE Act encourages individuals Mr. Speaker, I would just say in the gentleman from New York (Mr. KUHL). to get involved, creates a deeper com- two programs the gentleman from Ari- Mr. KUHL of New York. Mr. Speaker, mitment to service, and makes our Na- zona raised, it’s exactly why we have I rise today in support of H.R. 5563 and tion more like what it should be. the reauthorization so we can go back to thank Chairman MILLER and Chair- I, again, want to thank Chairman through those programs and, in fact, as woman MCCARTHY for their efforts, in- MILLER for his deep commitment to na- a result of those reviews, the adminis- cluding a motion to recommit that I tional service and Ranking Member tration has insisted upon substantial offered to H.R. 2857, the Generations MCKEON and Congressman PLATTS for changes in those programs which have Invigorating Volunteerism and Edu- their work with us on this bipartisan been carried out and that is why the cation Act. activity. I do urge all of my colleagues administration now supports this legis- Last week on March 6, I offered the to support this much-needed legisla- lation. motion to recommit to strengthen H.R. tion. Mr. Speaker, I yield 3 minutes to the 2857 and the national service laws. Re- Mr. PLATTS. Mr. Speaker, I yield gentleman from Maryland (Mr. SAR- cently, the corporation for national the distinguished gentleman from Ari- BANES), a member of the committee. community service completed a rule- zona (Mr. FLAKE) as much time as he Mr. SARBANES. Mr. Speaker, I want making process to institute back- may consume. to commend Chairman MILLER, Chair- ground checks for any individual seek- Mr. FLAKE. Mr. Speaker, I stand in woman MCCARTHY, and others for put- ing Federal-funded national service po- opposition to the GIVE Act. I think ting together the GIVE Act, which re- sitions within the Senior Companion that it has as its premise that we won’t authorizes the National Community and Foster Grandparents program and have volunteerism in America unless Service Act of 1990 and the Domestic within AmeriCorps programs in which we pay for it somehow or unless this Volunteer Service Act of 1973. This act individuals have recurring access to body comes up with it. The vol- supports the Nation’s priorities in a children, the elderly or, individuals unteerism represented by AmeriCorps number of important areas. with disabilities. That rule-making and the other programs here represent, Mr. Speaker, Americans are hungry process also prohibited individuals I would venture, about one hundredth to serve. Last year, 62 million Ameri- from serving in those positions if they of 1 percent of all of the voluntary ac- cans contributed 8.2 billion hours of were and are registered sex offenders. tivity that goes on out there. But here volunteer service. And the question is, While the motion to recommit will we act as if it won’t happen unless we are we ready to absorb that energy? Do codify the corporation’s regulations, it create it and pay for it. we have a way of capturing it and will also expand on the corporation’s Paid volunteerism is not a very good channeling it? effort by requiring criminal history principle, in my view. We have to re- What the GIVE Act does is it creates checks for any individual seeking a member we are running a deficit. Our that infrastructure; and that’s why we federally funded national service posi- Federal Government is running a def- need it, because if we don’t have an in- tion and not just those within the fos- icit. So any money we pay here, any in- frastructure to respond to that volun- ter grandparents and senior companion crease in any programs, any new au- teer energy, then people will go away programs or just those AmeriCorps thorization, which I think over the 5- even more disillusioned. So the GIVE programs dealing with specific popu- year reauthorization is about $4.1 bil- lations. Act steps up and does exactly the right lion more than we were paying before, Further, in addition to prohibiting thing. registered sex offenders from serving in that’s money that has to be borrowed And here are some of the things that federally funded national service posi- from the Treasury and, in effect, bor- it does: it sets a goal of 100,000 rowed from our kids. tions, the motion to recommit includes AmeriCorps volunteers by 2012 putting And I think it’s prudent to ask what those individuals convicted of murder 25,000 additional volunteers into our this is going to be used for. I think that as well. communities; it engages youth through most people would be surprised to learn Again, I applaud Chairman MILLER that this legislation would expand and a summer of service; and it creates a and appreciate his courtesies last week new energy conservation corps. That reauthorize programs that the Office of on the floor and Chairwoman MCCAR- Management and Budget has rated as corps will focus our service corps appa- THY for including the motion to recom- inefficient and ineffective. For exam- ratus on some of the Nation’s most mit which expresses a loud and clear ple, the Learn and Serve Program was pressing problems: energy efficiency message, that this House of Represent- rated as not performing and results not and conservation training for green atives believes that those in need who demonstrated by the OMB. The jobs and rehabilitation of our Nation’s are served by programs supported with AmeriCorps National Civilian Commu- critical infrastructure. It will enlist assistance under these laws should be nity Corps was rated as not performing both seniors and young people in that assured that they will not be placed in and ineffective. enterprise. harm’s way when approaching these It’s bad enough that we are con- The act will also do right by our vet- programs for help. tinuing funding, but under the Learn erans. I was pleased to work with Mr. Although I am pleased that the mo- and Serve Program, that was rated MILLER and Mrs. MCCARTHY to include tion to recommit was included in the again by the OMB as not performing language in this bill that would require bill, I’m disappointed that the House and results not demonstrated, we are the Corporation for National and Com- majority has chosen not to take up the actually creating a new program with- munity Service to initiate a national FISA amendments. The FISA amend- in that and funding it with 20 million conversation by commissioning a study ments, which we’ve been hearing about more dollars. That simply is not a pru- to develop and test a service corps pro- all day, act to provide our intelligence dent use of taxpayer dollars. gram that both targets veterans as re- community with the critical tools it We have to remember we are taking cipients of community service and uti- needs to conduct surveillance on for- money from people who are working lizes their service as participants and eign terrorists without getting tied up and giving it to others who are sup- volunteers. This national conversation in court. posedly volunteering to work. When would provide a framework for better The Senate, as we all know, passed you are providing a financial incentive, targeting the needs of veterans in the this bipartisan legislation almost a be it defrayment of tuition costs or community. month ago. So I urge the majority to anything else, you are paying people to Mr. Speaker, I commend the com- bring this crucial bill up for a vote; volunteer. mittee on its work on these important and, again, I urge my colleagues to I would urge my colleagues to reject issues. It is said that the pulse and support this bill today before this this legislation and return to fiscal time of a Nation are best reflected in House. sanity and a little more fiscal dis- its service to others. The GIVE Act Mr. GEORGE MILLER of California. cipline in this House. launches a new era of service and, in so Mr. Speaker, I yield 3 minutes to the

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1497 gentleman from New Jersey (Mr. such as an amendment to pare down Mr. PLATTS. Mr. Speaker, I would HOLT). the size of the spending. just, again, urge a ‘‘yes’’ vote in sup- Mr. HOLT. Mr. Speaker, I thank the And I think in a time when we have port of the GIVE Act. gentleman, and I rise in support of this a fiscal crisis on our hands, where the I yield back the balance of my time. legislation. I’m pleased to have been a stock market is tanking and people are Mr. GEORGE MILLER of California. co-sponsor of this bill, because the losing their homes and people are not Mr. Speaker, I yield myself such time service programs and the new initia- sure of having a job, for this Congress as I may consume. tives will help to address some of our to come in and use this extraordinary I just want to, before we close debate, Nation’s toughest problems about pov- procedure to waive all the rules, in- thank Mr. PLATTS and Mrs. MCCARTHY erty to natural disasters and will help cluding a way to amend the bill and for all of their hard work. They were improve the lives of millions of our spend an additional $4.1 billion over 5 really the engines behind this legisla- most valuable citizens. The bill will in- years, that really cracks the back of tion and getting it through the sub- crease the number of AmeriCorps vol- fiscal responsibility. committees and the committees for our consideration here on the floor. I unteers by a third and will signifi- b 1545 cantly increase the stipends for those want to thank them very much for that volunteers. The majority has shown unequivo- effort. I particularly want to highlight a cally here that it is not the party of A couple of speakers suggested that section that I am proud of. It is a sec- fiscal responsibility, and I would there- somehow Americans volunteer, so we tion that will create opportunities for fore encourage my colleagues to vote don’t need this act. The fact of the professionals in the sciences and tech- ‘‘no’’ on this bill. matter is this act builds much more nical fields to keep America competi- Mr. GEORGE MILLER of California. than just volunteers. I volunteer for tive. It engages scientists and engi- Mr. Speaker, I yield myself 2 minutes. the Habitat for Humanity. I volunteer neers in volunteerism and encourages Mr. Speaker, it is a little hard to sit in the schools in my district. I volun- their efforts to address unmet edu- here and be lectured to by somebody teer in Coastal Cleanup. I volunteer in cation and human needs. It will use sci- from the other party that ran up an $8 community Weed and Seed programs. I entists, technicians, engineers and trillion deficit in a matter of 8 years, volunteer in a lot of efforts. This is mathematicians, for example, to close about $1 trillion a year they succeeded also about taking people who would the digital divide that creates such a in running up the deficit. But more im- never think of volunteering, young chasm between low-income commu- portantly, I don’t know if the gen- people who come from neighborhoods nities and the more privileged commu- tleman from Illinois was absent last where that’s not an opportunity that nities. week or he doesn’t remember, I don’t they may have necessarily. And it not The bill also creates a national civil- know which, but we were here last only gets them into volunteering, but ian conservation corps that, as a resi- Thursday considering this bill under also builds skills. What people really dential program, will be deployed in the rules of the House, under essen- like to have volunteer are people with times of national need, such as emer- tially an open rule where every Repub- skills come and volunteer. gencies and disasters. When not de- lican amendment and every Demo- It also builds leadership skills, so ployed in such circumstance, they will cratic amendment that was requested, that those young people can either in- build infrastructure, protect the envi- I believe, was offered. corporate their skills in additional vol- ronment, conserve our resources, and The new programs were subjected to unteering or organize other people to help with urban and rural development. a vote of the House because we thought volunteer as they leave these pro- Mr. Speaker, this is outstanding leg- that was fair. They prevailed. We fin- grams. Many of these young people islation. We really should commend ished the business of this bill last graduate and go into public service. In Mrs. MCCARTHY as well as Chairman week, and then people decided they California, we will find people who will MILLER, Mr. MCKEON, and Mr. PLATTS wanted to play some games on the mo- go from one of these programs to the for their work on this legislation. tions to recommit, and so that forced California Conservation Corps to I urge passage. us to bring the bill up again this week. maybe the national parks program, Mr. PLATTS. Mr. Speaker, I yield to We cannot go back to committee; where they end up working and re- the distinguished gentleman from Illi- that would be even more expensive, building the infrastructure of our na- nois (Mr. MANZULLO) as much time as more time-consuming, and bring back tional parks or public lands or coastal he may consume. the bill, so we have chosen to do it areas of these States. Mr. MANZULLO. Mr. Speaker, I am under suspension. But that’s after all And when you ask the young people, really just distressed over the manner of the amendments have been given when you run across them, where did in which this bill has come to the floor. full consideration. That’s why the ad- they get their start, they got their When the Republicans were in the ma- ministration supported the legislation. start in AmeriCorps or the VISTA pro- jority, any bill that was in excess of That’s why it has bipartisan support, gram or something like that. They end $100 million had to go through the reg- because it was bipartisan in the com- up maybe later, after they go to school, ular process, was subject to amend- mittee. I think it was 44–0 that it came they come back and they work in the ments on the floor, et cetera; and now out of the committee. It was bipartisan community. That’s why one of the we are bringing on the Suspension Cal- in the Rules Committee. It was bipar- things that this legislation does is try endar, which is for naming post offices tisan on the floor until the gentleman’s to reach out to the alumni of this pro- and minor things like that, a bill that party decided at the last minute that gram, because we now realize how valu- would spend $6.2 billion over the next 5 they wanted to try to somehow incor- able they are to our communities and years. porate the FISA discussion into na- we want them to continue to partici- According to the Congressional Budg- tional service. That was out of order. pate and continue to organize people et Office, the estimated current outlay That was not allowed. who have been the beneficiaries of this in fiscal year 2008 for existing Federal And then Mr. KUHL decided to offer program and those who have partici- community service and volunteer pro- an amendment, which we asked unani- pated in it as leaders and as partici- grams is already $607 million a year. mous consent to accept at that time pants so that we can build that core. Spending under this bill would go up and we were not allowed to accept it. It’s very interesting now, there’s a $884 million in fiscal year 2008, $942 mil- So, we’re back here today. And we’re number of people discussing the na- lion in 2009, $1.058 billion in fiscal year trying to do it in the most expeditious tional defense level of this country, 2010, $1.154 billion in fiscal year 2011, fashion because it costs something to that one of the things we failed to do and $1.235 billion in fiscal year 2012 for run the House. We shouldn’t be back after 9/11 was build in a resiliency of a total new spending for volunteers of here today. But that’s the history, in this country in the event of other an- $4.1 billion over 5 years. case the gentleman was absent last other attack. Tragically, after 9/11 the That’s outrageous to pay for volun- week. President told the country they didn’t teer programs to have the bill not sub- Mr. Speaker, I reserve the balance of have to do anything, if they would just ject to any amendment on the floor my time. go shopping.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1498 CONGRESSIONAL RECORD — HOUSE March 11, 2008 But now what we see is we still don’t (1) greater integration of funding, (2) tion offered by the gentleman from have the basic infrastructure in our strengthens the Retired Senior Volunteer Pro- California (Mr. GEORGE MILLER) that communities to deal with natural dis- gram (RSVP), and (3) more support for our the House suspend the rules and pass asters, to deal with possible terrorist military families and veterans. the bill, H.R. 5563. attacks, to deal with regional-wide This legislation will make vital strides toward The question was taken. problems, whether they be fires, earth- expanding and improving key community serv- The SPEAKER pro tempore. In the quakes, terrorist attacks, or any of ice programs, including AmeriCorps, VISTA, opinion of the Chair, two-thirds being that. In fact, what we need is we need Senior Corps, and Learn and Serve America. in the affirmative, the ayes have it. volunteers and people with volunteer The GIVE Act works to ensure that volunteers, Mr. GEORGE MILLER of California. experience, people with organizing vol- and the organizations that support them, will Mr. Speaker, on that I demand the yeas unteers to start to come together to receive the resources that they need to con- and nays. think about how a community would tinue their vital work in our communities. The yeas and nays were ordered. respond, whether it’s a chemical spill, Today’s legislation embodies the altruistic The SPEAKER pro tempore. Pursu- whether it’s a chemical plant explo- spirit that has made our nation great. Great ant to clause 8 of rule XX and the sion, whether it’s an earthquake or a numbers of Americans donate their time and Chair’s prior announcement, further fire, to respond to help those people, to their unique skills and gifts to our cities and proceedings on this motion will be help those first responders. We’ve never communities, without any expectation of com- postponed. organized that. But we would like to pensation or material reward. According to a start thinking about organizing that, 2005 study, 29 percent of the American public, f and I’m sure when we do, we will be or about 65.4 million people, had volunteered GENERAL LEAVE calling upon the professionals that in the past year. Mr. GEORGE MILLER of California. were in VISTA, that were in This legislation engages our youth and fos- Mr. Speaker, I ask unanimous consent ters a sense of civic duty. Which is why I was AmeriCorps, that were in the Senior that all Members have 5 legislative so pleased to see Section 1202 of this legisla- Corps, that have connections through days to revise and extend and to insert their business connections, through tion, which gives special consideration to His- extraneous materials in the RECORD on torically Black Colleges and Universities, His- their community involvement. H.R. 5563 and on S. 2733. So, this program pays many divi- panic Serving Institutions, and Tribal Colleges The SPEAKER pro tempore. Is there dends way beyond the idea that this is and Universities. I want to thank Representa- objection to the request of the gen- just about volunteering on a Saturday tive MCCARTHY and Representative MILLER for tleman from California? morning or a Sunday morning with allowing me to add to this great bill. By adding There was no objection. your church. We all do that. But there predominately minority community colleges to has to be more. And there has to be the list of those to receive special consider- f avenues for people who aren’t encour- ation, we help so many more students who MESSAGE FROM THE PRESIDENT aged to volunteer, that we can provide have a commitment to service. that encouragement and we can en- Our community colleges are growing as A message in writing from the Presi- courage people to participate with pop- many of our returning veterans, single parents, dent of the United States was commu- ulations that need that kind of assist- and senior desire to make a change in their nicated to the House by Ms. Wanda ance. That’s the importance of this leg- live circumstances and simply cannot afford Evans, one of his secretaries. islation. traditional higher education. A sense of civic f It’s unfortunate it has taken so long engagement is not fostered only among stu- HIGHER EDUCATION EXTENSION for us to reauthorize this bill. But what dents at Harvard and Berkeley; it is also found ACT OF 2008 we know is Americans all across this among students at community colleges like country in every region of this country Houston Community College and North Harris Mr. GEORGE MILLER of California. want to see a greater sense of people College. I thank the Chairman for recognizing Mr. Speaker, I move to suspend the giving back to their communities, peo- this needed addition and incorporating it into rules and pass the Senate bill (S. 2733) ple volunteering in their communities, the Manager’s Amendment. to temporarily extend the programs organizing people to volunteer, to pro- The GIVE Act would: under the Higher Education Act of 1965. vide services to their communities. (1) increase the number of AmeriCorps vol- The Clerk read the title of the Senate That’s what this legislation responds unteers from 75,000 to 100,000 by 2012; (2) bill. to. increase stipends for AmeriCorps volunteers The text of the Senate bill is as fol- It’s been incredibly successful, when from $4,725 to $5,225 by 2012; and (3) pro- lows: you meet the graduates of these pro- mote recruitment of disadvantaged youth, S. 2733 grams, when you meet the alumni of baby-boomers, and veterans into national and Be it enacted by the Senate and House of Rep- these programs. They don’t stop there. community service opportunities; (4) create an resentatives of the United States of America in It becomes part of the ethic of their AmeriCorps Alumni Reserves Network aimed Congress assembled, life. And they continue it in their busi- at tapping into the skills and experience of SECTION 1. SHORT TITLE. ness, in their professions. They con- alumni volunteers, with a particular focus on This Act may be cited as the ‘‘Higher Edu- tinue that kind of activity because assisting during emergencies or natural disas- cation Extension Act of 2008’’. they see the value of it, they’ve par- ters; and (5) constructs an Energy Conserva- SEC. 2. EXTENSION OF PROGRAMS. ticipated in it. And I would hope that tion Corps, which will address our nation’s en- Section 2(a) of the Higher Education Ex- my colleagues would give this legisla- ergy and transportation infrastructure needs tension Act of 2005 (Public Law 109–81; 20 tion overwhelming bipartisan support. while providing work and service opportunities. U.S.C. 1001 note) is amended by striking Ms. JACKSON-LEE of Texas. Mr. Speaker, I am disappointed that our colleagues on ‘‘March 31, 2008’’ and inserting ‘‘April 30, I rise today in strong support of H.R. 5563, the the other side of the aisle have chosen to be 2008’’. ‘‘Generations Invigorating Volunteerism and obstructionists to legislation that engages our SEC. 3. RULE OF CONSTRUCTION. Education Act’ or the ‘GIVE Act’.’’ I would like youth, strengthens disaster and emergency Nothing in this Act, or in the Higher Edu- to thank my colleague, Congresswoman preparedness, and invests in our volunteer cation Extension Act of 2005 as amended by this Act, shall be construed to limit or oth- MCCARTHY, for introducing this important legis- and service organizations with appropriate erwise alter the authorizations of appropria- lation, as well as the Chairman of the Com- funding. This Bipartisan effort needs to be tions for, or the durations of, programs con- mittee on Education and Labor, Congressman supported. tained in the amendments made by the High- GEORGE MILLER, for his leadership in bringing I am proud to cosponsor legislation that will er Education Reconciliation Act of 2005 (Pub- the bill to the floor today. add service before self to our leaders of to- lic Law 109–171) or by the College Cost Re- Mr. Speaker, this legislation came to the morrow. I urge my colleagues to join me in duction and Access Act (Public Law 110–84) floor last week as H.R. 2857. It was a good supporting this legislation. to the provisions of the Higher Education bill then but now it is an even better piece of Mr. GEORGE MILLER of California. Act of 1965 and the Taxpayer-Teacher Pro- legislation. Mr. Speaker, I yield back the balance tection Act of 2004. The ten amendments that were incorporated of my time. The SPEAKER pro tempore. Pursu- into the current bill before this chamber pro- The SPEAKER pro tempore (Mr. ant to the rule, the gentleman from vide: ALTMIRE). The question is on the mo- California (Mr. GEORGE MILLER) and

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1499 the gentleman from Pennsylvania (Mr. Mr. Speaker, I reserve the balance of Mr. PLATTS. Mr. Speaker, I object PLATTS) each will control 20 minutes. my time. to the vote on the ground that a The Chair recognizes the gentleman Mr. PLATTS. Mr. Speaker, I yield quorum is not present and make the from California. myself such time as I may consume. point of order that a quorum is not Mr. GEORGE MILLER of California. Mr. Speaker, I rise in support of S. present. I yield myself such time as I may con- 2733, the Higher Education Extension The SPEAKER pro tempore. Evi- sume. Act of 2008. dently a quorum is not present. Mr. Speaker, I rise in support of H.R. While this is the first extension of The Sergeant at Arms will notify ab- 2733, a bill to temporarily extend the the Higher Education Act for this year, sent Members. programs under the Higher Education we have passed over a dozen extensions Pursuant to clause 8 of rule XX, this Act of 1965. of this law since it first expired. 15-minute vote on the motion to ad- Last month, we took the next step S. 2733 will ensure that vital Federal journ will be followed by 5-minute toward reauthorizing the Higher Edu- college access and student aid pro- votes on motions to suspend the rules cation Act by passing H.R. 4137, the grams continue to serve those students with respect to House Resolution 924 College Opportunity and Affordability who depend upon them for an addi- and House Resolution 948. Act, in the House with overwhelming tional month. Earlier this year, the The vote was taken by electronic de- bipartisan support. That bill builds on House passed H.R. 4137, the College Op- vice, and there were—yeas 4, nays 396, the law Congress enacted last year that portunity and Affordability Act of 2008, not voting 28, as follows: put $20 billion in Federal student aid in by a vote of 354–58. Unlike last year the hands of those in most need, low- when the Senate failed to act when the [Roll No. 114] and middle-income students and fami- House passed its bill, the Senate passed YEAS—4 lies working hard to pay for the cost of their Higher Education Act reauthor- Gohmert Westmoreland college. ization bill as well. We are now the Johnson (IL) Young (AK) Now, as we work with the Senate to- closest we have been in recent years to NAYS—396 wards the conference report to reau- passing a reauthorization bill. Abercrombie Cohen Goodlatte thorize the Higher Education Act, we I stand in support of this extension of Ackerman Cole (OK) Gordon are close to providing students and the Higher Education Act through Aderholt Conaway Granger Akin Conyers Graves families with additional reforms need- April 30 of this year because I hope Alexander Cooper Green, Al ed to truly ensure that the doors of col- that we can move forward in devel- Allen Costa Green, Gene lege remain open to all qualified stu- oping a conference agreement in a bi- Altmire Costello Grijalva dents. partisan and thoughtful manner. If it Andrews Courtney Gutierrez It is our goal to ensure that the final Arcuri Cramer Hall (NY) takes 1 more month or 2 more months, Baca Crenshaw Hall (TX) bill include vital provisions of H.R. 4137 I think others would agree that we Bachmann Crowley Hare that address the major obstacle fami- would rather see a thoughtful product Bachus Cubin Harman lies face in the path to college, from rather than something that was rushed Baird Cuellar Hastings (FL) Baldwin Culberson Hastings (WA) skyrocketing college tuition prices, to through the process to meet an artifi- Barrett (SC) Cummings Hayes the needlessly complicated student aid cial deadline. Barrow Davis (AL) Heller application process, to predatory tac- I join with my colleagues in fully Bartlett (MD) Davis (CA) Hensarling tics by student lenders. supporting efforts to extend the Higher Barton (TX) Davis (KY) Herger Bean Davis, David Herseth Sandlin It has been nearly 10 years since the Education Act today and hope that we Becerra Davis, Tom Higgins Higher Education Act last reauthor- can work together to develop a con- Berkley Deal (GA) Hill ized, and I believe that Members on ference agreement that will fundamen- Berry DeFazio Hinchey both sides of the aisle and in both tally reform the programs included in Biggert DeGette Hinojosa Bilbray Delahunt Hirono Chambers are eager to complete the the Higher Education Act. Bilirakis DeLauro Hobson work on a compromise bill this Con- I urge my colleagues to vote ‘‘yes’’ in Bishop (GA) Dent Hodes gress. support of this extension. Bishop (NY) Diaz-Balart, L. Hoekstra This bipartisan reauthorization pre- Mr. Speaker, I yield back the balance Bishop (UT) Diaz-Balart, M. Holden Bonner Dicks Holt sents the best opportunity that we had of my time. Bono Mack Dingell Honda to bring our higher education system Mr. GEORGE MILLER of California. Boozman Doggett Hoyer into the 21st century. I join Mr. PLATTS in urging a ‘‘yes’’ Boren Donnelly Hulshof The bill under consideration today, vote. Boswell Doolittle Hunter Boucher Doyle Inglis (SC) S. 2733, will extend the programs under I yield back the balance of my time. Boustany Drake Inslee the current Higher Education Act until The SPEAKER pro tempore. The Boyd (FL) Dreier Israel April 30, 2008, to allow sufficient time question is on the motion offered by Boyda (KS) Duncan Issa for further deliberations to continue on the gentleman from California (Mr. Brady (PA) Edwards Jackson (IL) Brady (TX) Ehlers Jackson-Lee EORGE ILLER the two bills passed in the House and G M ) that the House sus- Braley (IA) Ellison (TX) Senate. And while that process of reau- pend the rules and pass the Senate bill, Broun (GA) Ellsworth Jefferson thorizing the Higher Education Act S. 2733. Brown (SC) Emanuel Johnson (GA) may be coming to a close, I would like The question was taken. Brown, Corrine Emerson Johnson, E. B. The SPEAKER pro tempore. In the Brown-Waite, Engel Johnson, Sam to underscore that it does not mean Ginny English (PA) Jones (NC) that we will complete work on higher opinion of the Chair, two-thirds being Buchanan Eshoo Jones (OH) education altogether. The Education in the affirmative, the ayes have it. Burgess Etheridge Jordan Burton (IN) Everett Kagen and Labor Committee will continue our Mr. PLATTS. Mr. Speaker, on that I demand the yeas and nays. Butterfield Fallin Kanjorski efforts to ensure our higher education Buyer Farr Kaptur The yeas and nays were ordered. Calvert Fattah Keller programs operate in the best interests The SPEAKER pro tempore. Pursu- of students and families, which include Camp (MI) Feeney Kennedy ant to clause 8 of rule XX and the Campbell (CA) Ferguson Kildee overseeing the proper implementation Chair’s prior announcement, further Cannon Filner Kind of the College Cost Reduction and Ac- proceedings on this motion will be Cantor Flake King (IA) cess Act and other provisions of the Capps Forbes King (NY) postponed. Cardoza Fortenberry Kingston Higher Education Act. We will also ex- f Carnahan Fossella Kirk amine how we can best ensure the Carney Foxx Klein (FL) availability of Federal student loans in MOTION TO ADJOURN Carter Franks (AZ) Kline (MN) Castle Frelinghuysen Knollenberg the midst of volatility in our Nation’s Mr. PLATTS. Mr. Speaker, I move Castor Gallegly Kucinich credit markets. that the House do now adjourn. Chabot Garrett (NJ) Kuhl (NY) I look forward to completing this The SPEAKER pro tempore. The Chandler Gerlach LaHood work with the respective Members so question is on the motion to adjourn. Clarke Giffords Lamborn Clay Gilchrest Lampson that we can continue to make college The question was taken; and the Cleaver Gillibrand Langevin more affordable and accessible for our Speaker pro tempore announced that Clyburn Gonzalez Larsen (WA) Nation’s students and families. the noes appeared to have it. Coble Goode Larson (CT)

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1500 CONGRESSIONAL RECORD — HOUSE March 11, 2008 Latham Neal (MA) Shea-Porter the resolution, H. Res. 924, as amended, Mack Peterson (MN) Slaughter LaTourette Neugebauer Sherman Mahoney (FL) Peterson (PA) Smith (NE) Latta Nunes Shimkus on which the yeas and nays were or- Maloney (NY) Petri Smith (NJ) Lee Obey Shuler dered. Manzullo Pickering Smith (TX) Levin Olver Shuster The Clerk read the title of the resolu- Marchant Pitts Smith (WA) Lewis (CA) Ortiz Simpson tion. Markey Platts Snyder Lewis (GA) Pallone Sires Marshall Poe Solis Lewis (KY) Pascrell Skelton The SPEAKER pro tempore. The Matheson Pomeroy Space Linder Pastor Slaughter question is on the motion offered by Matsui Porter Spratt Lipinski Paul Smith (NE) the gentleman from Iowa (Mr. McCarthy (CA) Price (GA) Stark LoBiondo Payne Smith (NJ) McCarthy (NY) Price (NC) Stearns Loebsack Pearce Smith (TX) LOEBSACK) that the House suspend the McCaul (TX) Putnam Stupak Lofgren, Zoe Perlmutter Smith (WA) rules and agree to the resolution, H. McCollum (MN) Radanovich Sullivan Lowey Peterson (MN) Snyder Res. 924, as amended. McCotter Rahall Sutton Lucas Peterson (PA) Solis This will be a 5-minute vote. McCrery Ramstad Tanner Lungren, Daniel Petri Space McDermott Regula Tauscher E. Pickering Spratt The vote was taken by electronic de- McGovern Rehberg Taylor Lynch Pitts Stark vice, and there were—yeas 405, nays 0, McHenry Reichert Terry Mack Platts Stearns not voting 23, as follows: McHugh Reyes Thompson (CA) Mahoney (FL) Poe Stupak McIntyre Reynolds Thornberry Maloney (NY) Pomeroy Sullivan [Roll No. 115] McKeon Richardson Tiahrt Manzullo Porter Sutton YEAS—405 McMorris Rodriguez Tiberi Marchant Price (GA) Tanner Rodgers Rogers (AL) Tierney Markey Price (NC) Tauscher Abercrombie Conyers Hare McNerney Rogers (KY) Towns Marshall Putnam Taylor Ackerman Cooper Harman McNulty Rogers (MI) Tsongas Matheson Radanovich Terry Aderholt Costa Hastings (FL) Meek (FL) Rohrabacher Turner Matsui Rahall Thompson (CA) Akin Costello Hastings (WA) Meeks (NY) Roskam Udall (CO) McCarthy (CA) Ramstad Thornberry Alexander Courtney Hayes Melancon Ross Udall (NM) McCarthy (NY) Regula Tiahrt Allen Cramer Heller Mica Rothman Upton McCaul (TX) Rehberg Tiberi Altmire Crenshaw Hensarling Michaud Roybal-Allard Van Hollen McCollum (MN) Reichert Tierney Andrews Crowley Herger Miller (FL) Royce Vela´ zquez McCotter Reyes Towns Arcuri Cubin Herseth Sandlin Miller (MI) Ruppersberger Visclosky McCrery Reynolds Tsongas Baca Cuellar Higgins Miller (NC) Ryan (OH) Walberg McDermott Richardson Turner Bachmann Culberson Hinchey Miller, Gary Ryan (WI) Walden (OR) McGovern Rodriguez Udall (NM) Bachus Cummings Hinojosa Miller, George Salazar Walsh (NY) McHenry Rogers (AL) Upton Baird Davis (AL) Hirono Mollohan Sali Walz (MN) McHugh Rogers (KY) Van Hollen Baldwin Davis (CA) Hobson Moore (KS) Sa´ nchez, Linda Wamp McIntyre Rogers (MI) Vela´ zquez Barrett (SC) Davis (KY) Hodes Moore (WI) T. Wasserman McKeon Rohrabacher Visclosky Barrow Davis, David Hoekstra Moran (KS) Sanchez, Loretta Schultz McMorris Roskam Walberg Bartlett (MD) Davis, Tom Holden Moran (VA) Sarbanes Waters Rodgers Ross Walden (OR) Barton (TX) Deal (GA) Holt Murphy (CT) Saxton Watson McNulty Rothman Walsh (NY) Bean DeFazio Honda Murphy, Patrick Schakowsky Watt Meek (FL) Roybal-Allard Walz (MN) Becerra DeGette Hoyer Murphy, Tim Schiff Waxman Meeks (NY) Royce Wamp Berkley Delahunt Hulshof Murtha Schmidt Weiner Melancon Ruppersberger Wasserman Berman DeLauro Hunter Musgrave Schwartz Welch (VT) Mica Ryan (OH) Schultz Berry Dent Inglis (SC) Myrick Scott (VA) Weldon (FL) Michaud Ryan (WI) Waters Biggert Diaz-Balart, L. Inslee Nadler Sensenbrenner Weller Miller (FL) Salazar Watson Bilbray Diaz-Balart, M. Israel Napolitano Serrano Westmoreland Miller (MI) Sali Watt Bilirakis Dicks Issa Neal (MA) Sessions Wexler Miller (NC) Sa´ nchez, Linda Waxman Bishop (GA) Dingell Jackson (IL) Neugebauer Sestak Whitfield (KY) Miller, Gary T. Weiner Bishop (NY) Doggett Jackson-Lee Nunes Shadegg Wilson (NM) Miller, George Sanchez, Loretta Welch (VT) Bishop (UT) Donnelly (TX) Obey Shays Wilson (OH) Mollohan Sarbanes Weldon (FL) Blumenauer Doolittle Jefferson Olver Shea-Porter Wilson (SC) Moore (KS) Saxton Weller Blunt Doyle Johnson (GA) Ortiz Sherman Wittman (VA) Moore (WI) Schakowsky Wexler Boehner Drake Johnson (IL) Pallone Shimkus Wolf Moran (KS) Schiff Whitfield (KY) Bonner Dreier Johnson, E. B. Pascrell Shuler Wu Moran (VA) Schmidt Wilson (NM) Bono Mack Duncan Johnson, Sam Pastor Shuster Wynn Murphy (CT) Schwartz Wilson (OH) Boozman Edwards Jones (NC) Payne Simpson Yarmuth Murphy, Patrick Scott (VA) Wilson (SC) Boren Ehlers Jones (OH) Pearce Sires Young (AK) Murphy, Tim Sensenbrenner Wittman (VA) Boswell Ellison Jordan Perlmutter Skelton Young (FL) Murtha Serrano Wolf Boucher Ellsworth Kagen Musgrave Sessions Wu Boustany Emanuel Kanjorski NOT VOTING—23 Boyd (FL) Emerson Kaptur Myrick Sestak Wynn Blackburn Kilpatrick Ros-Lehtinen Boyda (KS) Engel Keller Nadler Shadegg Yarmuth Capito Mitchell Rush Brady (PA) English (PA) Kennedy Napolitano Shays Young (FL) Davis (IL) Oberstar Brady (TX) Eshoo Kildee Scott (GA) Davis, Lincoln Paul NOT VOTING—28 Braley (IA) Etheridge Kind Souder Frank (MA) Pence Broun (GA) Everett King (IA) Tancredo Berman Gingrey Ros-Lehtinen Hall (NY) Pryce (OH) Brown (SC) Fallin King (NY) Thompson (MS) Blackburn Hooley Rush Hill Rangel Brown, Corrine Farr Kingston Woolsey Blumenauer Kilpatrick Scott (GA) Hooley Renzi Brown-Waite, Fattah Kirk Blunt McNerney Souder Boehner Mitchell Ginny Feeney Klein (FL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Tancredo Buchanan Ferguson Kline (MN) Capito Oberstar Thompson (MS) The SPEAKER pro tempore (during Capuano Pence Burgess Filner Knollenberg Udall (CO) Burton (IN) Flake Kucinich the vote). Members are advised 2 min- Davis (IL) Pryce (OH) Woolsey Davis, Lincoln Rangel Butterfield Forbes Kuhl (NY) utes remain in this vote. Frank (MA) Renzi Buyer Fortenberry LaHood Calvert Fossella Lamborn b 1623 Camp (MI) Foxx Lampson b 1635 Campbell (CA) Franks (AZ) Langevin Messrs. VAN HOLLEN, GUTIERREZ, Cannon Frelinghuysen Larsen (WA) So (two-thirds being in the affirma- MCDERMOTT, ELLISON, LARSON of Cantor Gallegly Larson (CT) tive) the rules were suspended and the Connecticut and Mrs. CUBIN changed Capps Garrett (NJ) Latham Capuano Gerlach LaTourette resolution, as amended, was agreed to. their vote from ‘‘yea’’ to ‘‘nay.’’ Cardoza Giffords Latta The result of the vote was announced So the motion to adjourn was re- Carnahan Gilchrest Lee as above recorded. jected. Carney Gillibrand Levin Carter Gingrey Lewis (CA) A motion to reconsider was laid on The result of the vote was announced Castle Gohmert Lewis (GA) the table. as above recorded. Castor Gonzalez Lewis (KY) f Chabot Goode Linder f Chandler Goodlatte Lipinski CONGRATULATING IOWA STATE Clarke Gordon LoBiondo UNIVERSITY FOR 150 YEARS OF Clay Granger Loebsack COMMUNICATION FROM THE Cleaver Graves Lofgren, Zoe LEADERSHIP AND SERVICE Clyburn Green, Al Lowey CLERK OF THE HOUSE The SPEAKER pro tempore. The un- Coble Green, Gene Lucas The SPEAKER laid before the House Cohen Grijalva Lungren, Daniel finished business is the vote on the mo- Cole (OK) Gutierrez E. the following communication from the tion to suspend the rules and agree to Conaway Hall (TX) Lynch Clerk of the House of Representatives:

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1501

OFFICE OF THE CLERK, Fourteenth Congressional District, State of of Elections to release unofficial election re- HOUSE OF REPRESENTATIVES, Illinois. sults, in response to your February 21, 2008 Washington, DC, March 10. 2008. With best wishes, I am request, we are hereby transmitting UNOF- Hon. NANCY PELOSI, Sincerely, FICIAL election results for the March 8, 2008 LORRAINE C. MILLER, Speaker, House of Representatives, Special General Election in the Fourteenth Washington, DC. Clerk. Enclosure. Congressional Election in the State of Illi- DEAR MADAM SPEAKER: I have the honor to nois. transmit herewith a facsimile copy of a let- STATE OF ILLINOIS, Sincerely, ter received from Mr. Daniel White, Execu- STATE BOARD OF ELECTIONS, DANIEL W. WHITE, tive Director, Illinois State Board of Elec- Springfield, IL, March 10, 2008. Executive Director. tions, indicating that, according to the unof- Hon. LORRAINE C. MILLER, Enclosure. ficial returns of the Special Election held Office of the Clerk, House of Representatives, March 8, 2008, the Honorable was Washington, DC. DEAR MS. MILLER: Although it is not the elected Representative to Congress for the normal practice of the Illinois State Board UNOFFICIAL RESULTS, MARCH 8, 2008, SPECIAL GENERAL ELECTION: REPRESENTATIVE IN CONGRESS, FOURTEENTH CONGRESSIONAL DISTRICT [For an unexpired term]

Republican Jurisdiction Democratic Jim Unreturned Provisionals Bill Foster Oberweis Absentees

Bureau ...... 45 51 2 0 DeKalb ...... 5,937 4,640 146 0 DuPage ...... 3,294 3,216 91 14 Henry ...... 1,046 1,678 31 0 Kane ...... 25,661 24,365 495 58 Kendall ...... 6,396 6,305 88 3 Lee ...... 1,959 2,449 80 0 Whiteside ...... 519 425 10 0 Aurora Board ...... 7,153 3,859 218 12 Totals ...... 52,010 46,988 **1,161 87 **As of March 8, 2008.

SWEARING IN OF THE HONORABLE pleased to introduce the newest mem- divisions between us and work together BILL FOSTER, OF ILLINOIS, AS A ber of our delegation in the House, to solve the problems we face. I believe MEMBER OF THE HOUSE Congressman BILL FOSTER, from the that there are huge opportunities to Mr. COSTELLO. Madam Speaker, I 14th District of Illinois. BILL resides in change this country for the better if we ask unanimous consent that the gen- Geneva, Illinois, and has lived in the can make the right decisions, and real tleman from Illinois, the Honorable Fox Valley for almost 25 years. risks if we keep squabbling and making BILL has a diverse background in BILL FOSTER, be permitted to take the the wrong ones. oath of office today. both business and science. He started a very successful theater lighting busi- And now, as you can probably al- His certificate of election has not ar- ready tell, we scientists aren’t known rived, but there is no contest and no ness with his younger brother when he was only 19 years old, and he went on for our fiery rhetoric. But as I stand question has been raised with regard to before you today, it is my solemn hope his election. to receive his Ph.D. in physics from Harvard. BILL worked at Fermilab for that with less bickering and word The SPEAKER. Is there objection to twisting in Washington, that there will the request of the gentleman from Illi- 22 years, where he designed research projects and built the latest round of be more problem solving. We need to nois? work together for energy independence, There was no objection. the particle accelerators. The SPEAKER. Will the Representa- BILL comes from a family with a for tax cuts for middle-class families, tive-elect and the members of the Illi- strong history of working for the pub- to expand health care for more chil- nois delegation present themselves in lic good, and we look forward to work- dren, for a return to fiscal discipline, the well. ing with him on behalf of his constitu- and, as importantly as anything, for a Mr. Foster appeared at the bar of the ents and the Nation. new direction in Iraq. House and took the oath of office, as Madam Speaker and Members of the Together we can fulfill our pledge to follows: House, please welcome our newest col- the next generation to leave Wash- Do you solemnly swear or affirm that league, Congressman BILL FOSTER from ington and this Nation better on the you will support and defend the Con- the 14th District of Illinois. day that we leave it than it was on the stitution of the United States against Mr. FOSTER. Thank you, Madam day that we came into it. all enemies, foreign and domestic; that Speaker. It is an honor to stand here in I look forward to meeting my new you will bear true faith and allegiance the well of this body as the Representa- colleagues, Democrats and Repub- to the same; that you take this obliga- tive of the Illinois 14th District. My licans, and to getting right to work on tion freely without any mental res- predecessor in this role is a friend to behalf of the families we represent. ervation or purpose of evasion; and many here and led this House and rep- that you will well and faithfully dis- resented the people of my district hon- Thank you to my colleagues in the charge the duties of the office on which orably for over 20 years. I know that Illinois delegation, and thank you, you are about to enter, so help you my colleagues will join me in once Madam Speaker. This is truly an God. again thanking Speaker Dennis honor. Hastert for his service. The SPEAKER. Congratulations. You Mr. COSTELLO. Madam Speaker, I Madam Speaker, fellow Members of are now a Member of the 110th Con- yield to our colleague from Illinois Congress, I am a scientist, not a politi- gress. (Mr. MANZULLO cian. When it comes to the issues that ). f we face in this Nation, I plan on ap- Mr. MANZULLO. Madam Speaker, as WELCOMING THE HONORABLE proaching them as a scientist, and that the dean of the Illinois Republican del- BILL FOSTER TO THE HOUSE OF means examining the facts, listening to egation, I want to take this oppor- REPRESENTATIVES both sides, and doing what is right for tunity to extend to our newest col- The SPEAKER. Without objection, the people of Illinois and America. league from Illinois, with whom I share the gentleman from Illinois (Mr. During my campaign, many people two counties, welcome to the big city. COSTELLO) is recognized for 1 minute. told me that Congress should be acting I look forward to working with you. I There was no objection. differently. At a time of crisis around have always wanted a scientific mind, Mr. COSTELLO. Madam Speaker, on the world and economic trouble at and maybe I can learn from yours. behalf of the Illinois delegation, I am home, Americans want us to end the Thank you and welcome to Congress.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1502 CONGRESSIONAL RECORD — HOUSE March 11, 2008 ANNOUNCEMENT BY THE SPEAKER telligence Chairman (D-WV) House of Representatives leaders in support PRO TEMPORE and Kent Conrad (D-ND), Chairman of the of the Senate bill’s passage, stating in part Senate Budget Committee; ‘‘A bipartisan majority of the United States The SPEAKER pro tempore (Mr. Whereas on February 12, 2008, after passage Senate recently approved S. 2248 . . . But ALTMIRE). Under clause 5(d) of rule XX, of S. 2248, the Senate amended the bill H.R. until it is also passed by the House of Rep- the Chair announces to the House that, 3773 with the text of S. 2248 and sent the resentatives, intelligence officials must ob- in light of the administration of the amended bill back to the House of Represent- tain FISA warrants every time they attempt oath to the gentleman from Illinois, atives for its consideration; to monitor suspected terrorists in overseas the whole number of the House is 430. Whereas Sen. Kent Conrad (D-ND) wrote in countries. Passing S. 2248 would ensure our a Feb. 28 letter to the editor of The Fargo intelligence experts are once again able to f Forum, ‘‘The FISA law needed reform to ac- conduct real-time surveillance. . . . With S. RAISING A QUESTION OF THE count for modern information technology, 2248 still pending in the House of Representa- PRIVILEGES OF THE HOUSE OF current patterns of communication and the tives, our national security is in jeopardy;’’; REPRESENTATIVES nature of the threats facing our country. . . . Whereas Ret. Admiral Bobby R. Inman, [The bipartisan Senate bill] does include former director of the National Security Mr. PRICE of Georgia. Mr. Speaker, strong privacy safeguards and considerable Agency and deputy director of the CIA told pursuant to clause 2(a)1 of rule IX, I judicial oversight to ensure that our funda- the Austin-American Statesman last month hereby notify the House of my inten- mental freedoms are protected. . . . Leaving that Americans are more vulnerable without tion to offer a resolution as a question [telecommunications companies] completely the Protect America Act and ‘‘the only way of the privileges of the House. subject to civil litigation could cause prob- for the country to prevent future terrorists lems in vital intelligence collection in the attacks is to increase its ability to eavesdrop The form of my resolution is as fol- future;’’; lows: on their communication;’’; Whereas 21 House of Representatives Whereas Glenn Sulmasy, a Harvard na- H. RES.— Democrats expressed support for the bipar- tional security expert, wrote in the February Whereas in an interview published by Na- tisan Senate FISA bill in a Jan. 28 letter to 15 edition of The Tampa Tribune that ‘‘the tional Journal Magazine on March 7, 2008, Speaker Pelosi stating that, ‘‘we have it global technologies of cell phones, com- John Brennan, a foreign policy adviser to within our ability to replace the expiring puters, the internet, and other such means of Sen. (D-IL) and former CIA Protect America Act by passing strong, bi- communication—which were not, and could official who once served as head of the Na- partisan FISA modernization legislation not have been, envisioned by the drafters of tional Counterterrorism Center, stated, that can be signed into law and we should do FISA in the 1970s—have changed the way in- ‘‘There is this great debate over whether or so—the consequences of not passing such a formation moves around the world. . . . not the telecom companies should in fact be measure could place our national security at Herein lie the gaps meant to be filled’’ by the given immunity for their agreement to pro- undue risk;’’; Protect America Act of 2007; vide support and cooperate with the govern- Whereas in an editorial published by the Whereas in its bipartisan findings the Sen- ment after 9/11 . . . I do believe strongly that Charleston Post and Courier on February 29, ate Select Committee on Intelligence con- they should be granted that immunity, be- 2008, House of Representatives Democrat cluded in Oct. 2007 that ‘‘electronic commu- cause they were told to do so by the appro- leadership was described as ‘‘indeed causing nication service providers acted on a good priate authorities that were operating in a a potentially dangerous gap in the nation’s faith belief that the President’s program, legal context, and so I think that’s impor- defenses’’ and ‘‘creating an unnecessary and their assistance, was lawful;’’; tant . . . And I know people are concerned cloud of uncertainty in a critical area of in- Whereas 20 Senate Democrats supported about that, but I do believe that’s the right telligence operations where there should be final passage of S. 2248, including Senate In- thing to do . . . I do believe the Senate great clarity.’’; and telligence Chairman Jay Rockefeller (D–WV) version of the FISA bill addresses the issues Whereas the failure of the House of Rep- and Kent Conrad (D–ND), Chairman of the appropriately;’’; resentatives to expeditiously consider the bi- Senate Budget Committee; Whereas a bipartisan group of 25 state at- partisan Senate-passed Foreign Intelligence Whereas on February 12, 2008, after passage torneys general recently wrote a letter to Surveillance Act of 1978 Amendments Act of of S. 2248, the Senate amended the bill H.R. House of Representatives leaders in support 2008 has brought discredit to the House of 3773 with the text of S. 2248 and sent the of the Senate bill’s passage, stating in part Representatives: Now, therefore, be it amended bill back to the House of Represent- ‘‘A bipartisan majority of the United States Resolved, That the House of Representa- atives for its consideration; Senate recently approved S. 2248 . . . But tives should immediately consider a motion Whereas Sen. Kent Conrad (D–ND) wrote in until it is also passed by the House of Rep- to concur in the Senate amendment to the a Feb. 28 letter to the editor of The Fargo resentatives, intelligence officials must ob- bill, H.R. 3773. Forum, ‘‘The FISA law needed reform to ac- tain FISA warrants every time they attempt b 1645 count for modern information technology, to monitor suspected terrorists in overseas current patterns of communication and the countries. Passing S. 2248 would ensure our The SPEAKER pro tempore. The gen- nature of the threats facing our country. . . . intelligence experts are once again able to tleman may offer his resolution. [The bipartisan Senate bill] does include conduct real-time surveillance. . . . With S. Mr. PRICE of Georgia. Mr. Speaker, I strong privacy safeguards and considerable 2248 still pending in the House of Representa- rise to a question of the privileges of judicial oversight to ensure that our funda- tives, our national security is in jeopardy;’’; the House and offer the resolution just mental freedoms are protected. . . . Leaving Whereas Ret. Admiral Bobby R. Inman, noticed. [telecommunications companies] completely former director of the National Security The SPEAKER pro tempore. The subject to civil litigation could cause prob- Agency and deputy director of the CIA told Clerk will report the resolution. lems in vital intelligence collection in the the Austin-American Statesman last month future;’’; that Americans are more vulnerable without The Clerk read as follows: Whereas 21 House of Representatives the Protect America Act and ‘‘the only way H. RES.— Democrats expressed support for the bipar- for the country to prevent future terrorists Whereas in an interview published by Na- tisan Senate FISA bill in a Jan. 28 letter to attacks is to increase its ability to eavesdrop tional Journal Magazine on March 7, 2008, Speaker Pelosi stating that, ‘‘we have it on their communication;’’; John Brennan, a foreign policy adviser to within our ability to replace the expiring Whereas Glenn Sulmasy, a Harvard na- Sen. Barack Obama (D-IL) and former CIA Protect America Act by passing strong, bi- tional security expert, wrote in the February official who once served as head of the Na- partisan FISA modernization legislation 15 edition of The Tampa Tribune that ‘‘the tional Counterterrorism Center, stated, that can be signed into law and we should do global technologies of cell phones, com- ‘‘There is this great debate over whether or so—the consequences of not passing such a puters, the internet, and other such means of not the telecom companies should in fact be measure could place our national security at communication—which were not, and could given immunity for their agreement to pro- undue risk;’’; not have been, envisioned by the drafters of vide support and cooperate with the govern- Whereas in an editorial published by the FISA in the 1970s—have changed the way in- ment after 9/11 . . . I do believe strongly that Charleston Post and Courier on February 29, formation moves around the world. . . . they should be granted that immunity, be- 2008, House of Representatives Democrat Herein lie the gaps meant to be filled’’ by the cause they were told to do so by the appro- leadership was described as ‘‘indeed causing Protect America Act of 2007; priate authorities that were operating in a a potentially dangerous gap in the nation’s Whereas in its bipartisan findings the Sen- legal context, and so I think that’s impor- defenses’’ and ‘‘creating an unnecessary ate Select Committee on Intelligence con- tant . . . And I know people are concerned cloud of uncertainty in a critical area of in- cluded in Oct. 2007 that ‘‘electronic commu- about that, but I do believe that’s the right telligence operations where there should be nication service providers acted on a good thing to do . . . I do believe the Senate great clarity.’’; and faith belief that the President’s program, version of the FISA bill addresses the issues Whereas the failure of the House of Rep- and their assistance, was lawful;’’; appropriately;’’; resentatives to expeditiously consider the bi- Whereas 20 Senate Democrats supported Whereas a bipartisan group of 25 state at- partisan Senate-passed Foreign Intelligence final passage of S. 2248, including Senate In- torneys general recently wrote a letter to Surveillance Act of 1978 Amendments Act of

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1503 2008 has brought discredit to the House of A recorded vote was ordered. Conaway Johnson, Sam Porter Crenshaw Jones (NC) Price (GA) Representatives: Now, therefore, be it The vote was taken by electronic de- Resolved, That the House of Representa- Cubin Jordan Putnam tives should immediately consider a motion vice, and there were—ayes 218, noes 192, Culberson Keller Radanovich answered ‘‘present’’ 1, not voting 18, as Davis (KY) King (IA) Ramstad to concur in the Senate amendment to the Davis, David King (NY) Regula bill, H.R. 3773. follows: Davis, Lincoln Kingston Rehberg The SPEAKER pro tempore. Does the [Roll No. 116] Davis, Tom Kirk Reichert gentleman from Georgia wish to be Deal (GA) Kline (MN) Renzi AYES—218 Dent Knollenberg Reynolds heard on whether or not the resolution Abercrombie Green, Gene Obey Diaz-Balart, L. Kuhl (NY) Rogers (AL) constitutes a question of the privileges Ackerman Grijalva Olver Diaz-Balart, M. LaHood Rogers (KY) of the House? Allen Gutierrez Ortiz Doolittle Lamborn Rogers (MI) Mr. PRICE of Georgia. I do. Altmire Hall (NY) Pallone Drake Lampson Rohrabacher Andrews Hare Pascrell Dreier Latham Roskam The SPEAKER pro tempore. The gen- Duncan LaTourette Arcuri Harman Pastor Royce Ehlers Latta Ryan (WI) tleman is recognized. Baca Hastings (FL) Paul Emerson Lewis (CA) Sali Mr. PRICE of Georgia. Mr. Speaker, Baird Herseth Sandlin Payne English (PA) Lewis (KY) Saxton we are now 25 days into a unilateral Baldwin Higgins Perlmutter Everett Linder Schmidt Bean Hill Peterson (MN) disarmament, a disarmament that Fallin LoBiondo Sensenbrenner Becerra Hinchey Pomeroy Feeney Lucas Sessions doesn’t make any sense to our con- Berkley Hinojosa Price (NC) Ferguson Lungren, Daniel Shadegg stituents in each and every district Berman Hirono Rahall Flake E. Shays Berry Hodes Reyes across this Nation. Forbes Mack Shimkus Bishop (GA) Holden Richardson The Senate voted 68–29, 68–29. Fortenberry Manzullo Shuster Bishop (NY) Holt Rodriguez Mr. HOYER. Mr. Speaker, the issue Fossella Marchant Simpson Blumenauer Honda Ross that the gentleman needs to address Boren Hoyer Foxx McCarthy (CA) Smith (NE) Rothman Franks (AZ) McCaul (TX) Smith (NJ) himself to is why this is a privilege of Boswell Inslee Roybal-Allard Boucher Israel Frelinghuysen McCotter Smith (TX) the House. I suggest that the Speaker Ruppersberger Gallegly McCrery Stearns Boyd (FL) Jackson (IL) Ryan (OH) make sure he is talking to that point. Boyda (KS) Jackson-Lee Garrett (NJ) McHenry Sullivan Salazar Gerlach McHugh Terry The SPEAKER pro tempore. The gen- Brady (PA) (TX) Sa´ nchez, Linda Braley (IA) Jefferson Gilchrest McKeon Thornberry tleman from Maryland is correct. The T. Gingrey McMorris Tiahrt Butterfield Johnson (GA) Sanchez, Loretta gentleman from Georgia may only ad- Capps Johnson, E. B. Gohmert Rodgers Tiberi dress the rule IX issue. Sarbanes Goode Mica Turner Capuano Jones (OH) Schakowsky Mr. PRICE of Georgia. Mr. Speaker, I Cardoza Kagen Goodlatte Miller (FL) Upton Schiff Granger Miller (MI) Walberg would draw my colleague’s attention to Carnahan Kanjorski Schwartz Carney Kaptur Graves Miller, Gary Walden (OR) the context in the stated ‘‘whereas’’ Scott (GA) Hall (TX) Moran (KS) Walsh (NY) Castor Kennedy Scott (VA) that on at least one occasion, if not Chandler Kildee Hastings (WA) Murphy, Tim Wamp Serrano Clarke Kind Hayes Musgrave Weldon (FL) countless others across this Nation, in Sestak Clay Klein (FL) Heller Myrick Weller the Charleston Post and Courier, it was Shea-Porter Cleaver Kucinich Hensarling Neugebauer Westmoreland Sherman written that the House of Representa- Clyburn Langevin Herger Nunes Whitfield (KY) Shuler tives’ Democrat leadership was de- Cohen Larsen (WA) Hobson Pearce Wilson (NM) Sires Conyers Larson (CT) Hoekstra Petri Wilson (SC) scribed as ‘‘indeed causing a poten- Skelton Cooper Lee Hulshof Pickering Wittman (VA) Slaughter tially dangerous gap in the Nation’s de- Costa Levin Hunter Pitts Wolf Smith (WA) fenses’’ and ‘‘creating an unnecessary Costello Lewis (GA) Inglis (SC) Platts Young (AK) Snyder Courtney Lipinski Issa Poe Young (FL) cloud of uncertainty in a critical area Solis of intelligence operations where there Cramer Loebsack ANSWERED ‘‘PRESENT’’—1 Crowley Lofgren, Zoe Space should be great clarity.’’ Cuellar Lowey Spratt Johnson (IL) There have been multiple articles Stark Cummings Lynch NOT VOTING—18 Davis (AL) Mahoney (FL) Stupak and multiple references across this Na- Sutton tion as to why this House of Represent- Davis (CA) Maloney (NY) Bishop (UT) Mitchell Ros-Lehtinen Davis (IL) Markey Tanner Capito Oberstar Rush atives is bringing discredit to the DeFazio Marshall Tauscher Ellsworth Pence Souder House and also not fulfilling its respon- DeGette Matheson Taylor Hooley Peterson (PA) Tancredo sibility, in fact, abrogating its respon- Delahunt Matsui Thompson (CA) Kilpatrick Pryce (OH) Thompson (MS) DeLauro McCarthy (NY) Tierney Miller, George Rangel Woolsey sibility and its duty. An abrogation of Dicks McCollum (MN) Towns duty by this House of Representatives Dingell McDermott Tsongas b 1718 brings discredit to the House, and, Doggett McGovern Udall (CO) Udall (NM) So the motion to table was agreed to. therefore, this is a question of privi- Donnelly McIntyre Doyle McNerney Van Hollen The result of the vote was announced lege. Edwards McNulty Vela´ zquez as above recorded. The SPEAKER pro tempore. The Ellison Meek (FL) Visclosky A motion to reconsider was laid on Chair is prepared to rule. Emanuel Meeks (NY) Walz (MN) Wasserman the table. Under the precedents recorded in sec- Engel Melancon Eshoo Michaud Schultz tion 702 of the House Rules and Man- Etheridge Miller (NC) Waters f ual, the resolution addresses a legisla- Farr Mollohan Watson tive sentiment and not a question of Fattah Moore (KS) Watt INTELLIGENCE AUTHORIZATION Waxman the privileges of the House. Filner Moore (WI) ACT FOR FISCAL YEAR 2008 VETO Foster Moran (VA) Weiner MESSAGE FROM THE PRESIDENT Mr. PRICE of Georgia. Mr. Speaker, I Frank (MA) Murphy (CT) Welch (VT) appeal the ruling of the Chair. Giffords Murphy, Patrick Wexler OF THE UNITED STATES The SPEAKER pro tempore. The Gillibrand Murtha Wilson (OH) The SPEAKER pro tempore. The un- Gonzalez Nadler Wu question is, Shall the decision of the Gordon Napolitano Wynn finished business is the further consid- Chair stand as the judgment of the Green, Al Neal (MA) Yarmuth eration of the veto message of the House? President on the bill (H.R. 2082) to au- NOES—192 MOTION TO TABLE OFFERED BY MR. HOYER thorize appropriations for fiscal year Mr. HOYER. Mr. Speaker, I move to Aderholt Blunt Burgess 2008 for intelligence and intelligence- Akin Boehner Burton (IN) lay the appeal on the table. Alexander Bonner Buyer related activities of the United States The SPEAKER pro tempore. The Bachmann Bono Mack Calvert Government, the Community Manage- question is on the motion to table. Bachus Boozman Camp (MI) ment Account, and the Central Intel- The question was taken; and the Barrett (SC) Boustany Campbell (CA) Barrow Brady (TX) Cannon ligence Agency Retirement and Dis- Speaker pro tempore announced that Bartlett (MD) Broun (GA) Cantor ability System, and for other purposes. the ayes appeared to have it. Barton (TX) Brown (SC) Carter The Clerk read the title of the bill. RECORDED VOTE Biggert Brown, Corrine Castle The SPEAKER pro tempore. The Bilbray Brown-Waite, Chabot Mr. PRICE of Georgia. Mr. Speaker, I Bilirakis Ginny Coble question is, will the House, on recon- demand a recorded vote. Blackburn Buchanan Cole (OK) sideration, pass the bill, the objections

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1504 CONGRESSIONAL RECORD — HOUSE March 11, 2008 of the President to the contrary not- policy trouble. An independent CIA So today, Mr. Speaker, I urge my col- withstanding? audit is one way to prevent problems leagues to vote to override the Presi- (For veto message, see proceedings of that have embarrassed our Nation and dent’s veto. the House of March 10, 2008, at page have eroded our moral authority. Mr. Speaker, I reserve the balance of H1419) The authorization act also requires my time. The SPEAKER pro tempore. The gen- detailed accounting to Congress on the Mr. HOEKSTRA. Mr. Speaker, I yield tleman from Texas (Mr. REYES) is rec- use of intelligence contractors. The use myself as much time as I may con- ognized for 1 hour. of contractors has grown exponen- sume. Mr. REYES. Mr. Speaker, for pur- tially, and no one is asking critical Mr. Speaker, this bill is just the lat- poses of debate only, I yield the cus- management questions about whether est example of the complete and utter tomary 30 minutes to the distinguished this is a good use of taxpayer money. failure of the Democratic leadership in gentleman from Michigan (Mr. HOEK- An important substantive provision the House to give the intelligence com- STRA). Pending that, I yield myself of the legislation also requires the CIA munity the tools that it needs to pro- such time as I may consume. and the rest of the intelligence commu- tect the American people and our allies Mr. Speaker, I rise in support of over- nity to abide by the same regulations from radical jihadists who have sworn riding the President’s veto. This year, that DOD follows in the context of in- to wage holy war against freedom in for the first time in 3 years, the Con- terrogations. If it’s not permissible for order to impose a radical religious tyr- gress passed an intelligence authoriza- soldiers in Iraq, where they face a life- anny. I urge my colleagues to oppose tion act and presented it to the Presi- or-death threat daily, it shouldn’t be this override of the President’s veto. dent. This was something that had permissible for a CIA officer or con- My colleagues on the other side of proved impossible for a Republican- tractor. the aisle are finding out how tough it controlled House and a Republican- Mr. Speaker, if this veto stands, all is to pass legislation in the intelligence controlled Senate. In recent years, of these important oversight provisions area. But the lesson they need to learn, while the bill passed the House, it will disappear. If we believe in strong this is about national security, and na- never even got to conference. When I oversight, we need to override this tional security issues need to be done took over as chairman of the Intel- veto. on a bipartisan basis, can not be done ligence Committee, I made passing an In addition to addressing long ig- on a purely partisan basis. authorization through con- nored oversight issues, the legislation The debate on this authorization bill ference a high priority. It wasn’t easy, is fundamentally the mechanism for is not about a single issue, as some but I thought it was crucial that we re- authorizing funds for the intelligence would have you believe. It is about the vitalize the oversight process, and I community. This legislation authorizes need to ensure that we give the right committed to getting an authorization funds for the full range of critical in- tools to our intelligence professionals telligence activities. It authorizes bill not only passed through the House in this time of enhanced threat. What funds to support counterterrorism op- but sent to the President. we should be talking about today is im- The intelligence community, by its erations to keep Americans safe today, proving this bill so that it can have very nature, presents a very difficult and it authorizes funds for the stra- broad bipartisan support. tegic intelligence investments to keep oversight challenge for Congress. This But we also ought to be talking Americans safe in the future. is why the intelligence authorization about FISA, FISA modernization. That Mr. Speaker, if we fail to override is the vote that this House should be bill is so critical. It is the culmination this veto, the Intelligence Committee considering. That is the tool that our of the committee’s oversight activities will be silent on these important au- intelligence community has said that conducted over the previous year. In- thorization issues. Once more, we’ll they need to keep America safe. That telligence funding is one of the few have no authorization bill. areas where the law requires funds to The bill also addresses some per- is the tool that, on a broad bipartisan be both appropriated and authorized. sistent management problems in the basis, the model for how we should be Our constituents, of course, are de- intelligence community. It requires doing legislation in this area. It’s how manding that we weigh in on all the steps towards a multi-level security they did it in the Senate, 68 Senators important intelligence-related chal- clearance system to recruit more na- on a bipartisan basis saying we need to lenges that our Nation is facing. tive speakers of critical languages into do FISA reform. We need to do it to This legislation goes a long way to- our intelligence community. It takes keep America safe, to keep our home- wards strengthening oversight of the important steps towards creating a land safe, to keep our troops safe, to intelligence community, which the more diverse workforce to strengthen keep our embassies and our personnel President seems to consistently want our ability to collect intelligence all overseas safe, and to make sure that to fight. That’s why the President ve- over the world. we also have the tools in place that so toed it. He wants the authority to do Mr. Speaker, if we fail to override many of our allies rely on to keep them whatever he wants, in secret, with no this veto, it’s business as usual. No new safe. oversight or authorization or without solutions, just the same old intel- But no, once again, this House moves any checks and balances. ligence problems. in a partisan basis. It’s been almost 25 Well, Mr. Speaker, I don’t agree. The I have visited the patriotic men and days now that the leadership on the Constitution gives us a role in this women of the intelligence community other side of the aisle has refused to process. We do have a say, in the name in the far corners and in the far even bring up for a vote FISA mod- of the United States of America, in reaches all over the globe. They de- ernization. Each and every day, our ca- what the intelligence community does. serve our support. They are brave, they pabilities in this area erode. One of the That’s why we need to override this are competent, and, in most cases, they most important and one of the most veto. are humbled to be doing the job to keep successful tools that we have used to This legislation enhances oversight us safe. Many serve our Nation behind keep America safe over the last 7 years in several ways. It requires quarterly the scenes and at great risk, without is slowly eroding. My colleagues on the reports to Congress on the nuclear any expectation of recognition or con- other side of the aisle will not even weapons programs of Iran and North gratulations. For them, and for all allow it to come up for a vote. Korea. We learned a lesson from the ex- Americans, this is important legisla- The United States continues to em- perience in Iraq. Congress must be tion. ploy tough antiterrorist programs be- careful and must be part of the process The intelligence community came to cause the radical jihadist threat did and a consumer of intelligence to avoid us for money, they came to us for not end with 9/11. One only has to lis- being sold a bill of goods. tools, and they came to us for new au- ten to the statements by bin Laden, his The act requires the CIA inspector thorities. We gave them what they deputy, Zawahiri, to understand the se- general to audit covert activities at asked for. The President, with his veto, riousness of this threat, its global im- least once every 3 years. Covert activi- is denying them those very things sim- plications, and the determination of ties are historically where our intel- ply because he wants no limits on his radical jihadists to strike the Amer- ligence community runs into legal and Presidential power. ican homeland.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1505 But instead of doing a bipartisan, na- tainee who is otherwise in custody of A bipartisan compromise in the other tional security issue, we continue to the U.S. military and must provide and body garnered 68 votes, and yet we move down the path of partisan poli- must abide by the Army Field Manual. can’t even have the leadership of this tics. The majority leadership of this The manual specifically prohibits eight House bring it up for a vote to be con- House refuses to see or hear the con- interrogation techniques, including sidered so that each individual Member tinuing threat from radical jihadists. waterboarding. Waterboarding is the can exercise his judgment or his or her Even more troubling, the majority re- technique which originated during the judgment or conscience in how they fuses to recognize that tough Spanish Inquisition and makes the per- vote. If that measure had been rejected antiterrorist tools employed since 2001 son who is being interrogated feel as by the House, it would be one thing; have protected this country from ter- though he is drowning. but to never allow it to come up means rorist attacks. One of the wisest of our Founding Fa- that the leadership of this House in- thers, Ben Franklin, once told us: sists on tying our hands, preventing b 1730 ‘‘Those who would give up essential lib- our national security professionals Instead, some have distorted anti- erty to purchase a little temporary from having the tools they need to do terrorist programs as threats to the safety deserve neither liberty nor safe- the job. I think that’s inexcusable. American people rather than tools that ty.’’ But that’s where we find ourselves This measure before us also ties the our intelligence agencies are using to on this issue. hands of our national security profes- protect us from threats of radical All of the very senior civilians in the sionals by limiting the interrogation jihadist terrorism. Instead of helping administration continue to waffle on techniques they can use, and even more to strengthen anti-terrorist tools, my whether waterboarding continues and than that, by broadcasting to the world colleagues on the other side of the aisle constitutes torture or cruel and inhu- the only interrogation techniques have established a clear patent of try- mane or degrading treatment. Our which can be used. It’s like giving al ing to undermine and erode them, un- military has stood up against this Qaeda the training manual that they dermining and eroding the very type of widely condemned practice. Our mili- need to prepare their people for. And I people that we should be trying to help tary understands the impact of the know that the chairman of the Armed with this bill, the men and women who Golden Rule: do unto others as you Services Committee just spoke. I won- risk their lives each and every day in would have them do unto you. der if he would be in support of just the intelligence community to keep Our military also appreciates that sending our battle plans out to any po- America safe. approved interrogation techniques that tential adversary saying this is what There is no better example than the are not cruel and inhumane or degrad- we are planning on doing. You all go outright refusal of the majority leader- ing have provided valuable intelligence ahead and get ready for it. We will tell ship to allow a straight up-or-down which has helped captured terrorist you in advance what our intentions vote on bipartisan FISA modernization kingpins and foiled terrorist attacks are. That’s essentially what this bill legislation. against our country as well as our al- does. Again, this is a bill that passed the lies. The sooner that we reclaim our And I note, Mr. Speaker, a writer, Stuart Taylor of National Journal, last Senate overwhelmingly, clearly sup- moral authority in the world by clearly December put the scenario pretty well. ported by a majority of this House. articulating which techniques we find He says, Imagine we get Osama bin There’s ample reason to be concerned to be abhorrent, regardless of the na- Laden or some high-level lieutenant about this abuse of the majority’s pow- tionality of the interrogator, the soon- with the intelligence reports that a ers. I’m far more concerned at the im- er we can better protect our homeland massive new al Qaeda attack may be pact that these actions are continuing and our folks in uniform who are in eminent. Here are the questions all to have and the capabilities of our in- harm’s way. Members ought to answer when consid- telligence professionals to protect our I strongly encourage all of my col- ering how they’re going to vote: Should country, our people, and our allies leagues in this body on both sides of it be illegal for CIA interrogators to from attack. the aisle to strengthen our national se- try to scare the person into talking by Mr. Speaker, I reserve the balance of curity by supporting this very fine bill. my time. Mr. HOEKSTRA. Mr. Speaker, I yelling at them? Should it be illegal to threaten to slap them in some way? Mr. REYES. Mr. Speaker, I want to would like to yield 4 minutes to a Should it be illegal to pretend to be an bring us back on point by yielding 3 member of the committee from Texas interrogator from a different country? minutes to my good friend from Mis- (Mr. THORNBERRY). Should it be illegal to turn up the air- souri (Mr. SKELTON), the chairman of Mr. THORNBERRY. Mr. Speaker, I conditioning so they are uncomfort- the Armed Service Committee. rise in opposition to this bill and in op- ably cold? Should it be illegal to deny Mr. SKELTON. Mr. Speaker, I thank position to overriding the President’s them hot food while giving them all of the gentleman from Texas, the chair- veto. I think it’s fine for us to stand up the cold food that they want? man of the Select Committee on Intel- here on the floor and make all of the Because all of those things would be ligence, and a very valuable senior speeches we want about what the ad- illegal under the provision that’s in member of our committee, the Armed ministration has or has not done that this bill. It is not about waterboarding. Services Committee. we like; there are some of those criti- It is about having a guarantee of hot I rise in strong support of H.R. 2082. cisms of the administration that I food, comfortable temperature, no sort This bill makes us safer from terrorists might well agree with about what of deception, having no one raise their and other adversaries in a number of they’ve done in the past. But I think it voice against you. Those are the pro- ways: the bill makes critical invest- is a far different thing to stand up here tections for the terrorists that are in ments in human intelligence, counter- and argue that we should put into law this bill. terrorism operations, counter-pro- a measure that ties the hands of the I think that’s a mistake. I think it is liferation, counter-intelligence, anal- professionals we expect to keep us safe. a mistake to tell them what we are ysis and language skills. This bill ties the hands of our na- going to do, and I think it is a mistake In addition, Chairman REYES’ con- tional security professionals in a num- to take options off the table like turn- ference report includes a provision ber of ways. One way is that it does not ing up the air-conditioning. which requires that all interrogations update the FISA law, which may well These provisions, not having the conducted by intelligence agents and be the most important single thing the FISA modernization, limiting their in- contractors comply with the Army intelligence community does today terrogation methods, treat our Amer- Field Manual on Interrogation. Our that helps keep us safe. And, in fact, as ican professionals as the problem, and military already has raised its stand- the gentleman from Michigan noted, that’s the problem with this bill. It ards. we are nearly 30 days beyond the expi- should be rejected. Since September 2006, all interroga- ration date of the Protect America Mr. REYES. Mr. Speaker, continuing tions which are conducted by the men Act; and every day that goes by makes on this parallel universe, I now yield 3 and women in uniform are conducted us more vulnerable to a terrorist at- minutes to the gentlewoman from Cali- by non-military personnel on a de- tack. fornia (Ms. ESHOO), who chairs one of

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1506 CONGRESSIONAL RECORD — HOUSE March 11, 2008 our subcommittees, the Subcommittee were. Then we finally got a list, belat- this year. I mentioned that I thought on Intelligence Community Manage- edly. We got the list of earmarks, I that they were, in fact, a little strong- ment. think, about 5 hours after the deadline er than what we, as Republicans, had Ms. ESHOO. Mr. Speaker, I thank our for us to submit a list of earmarks that put there. Having said that, rules are very distinguished, wonderful chair- we wanted to challenge. How conven- only as good as your willingness to en- man of the House Intelligence Com- ient was that? force them, and the rules were not en- mittee. And we were told, No, it is just proce- forced here. We are here this evening for one rea- dural, but too late. You won’t be able Again, this legislation came to the son and one reason only: it is to over- to offer any amendments. We were told floor with earmarks that we were never ride the President’s veto of the House at the beginning of the process this able to challenge, that came after the authorization for the intelligence com- year that every earmark that was of- deadline when we were to submit the munity. And the reason, the stated rea- fered in a piece of legislation in a con- list to challenge. And then the House son, and the President said so, the rea- ference report, in a committee report acted, we acted to address, and with a son he vetoed the bill is because he is would be able to be challenged on the clear, sufficient majority said, let’s for torture. T-o-r-t-u-r-e. It’s what the House floor. That wasn’t the case here. take the earmarks out. But still they President said. We had 20-some earmarks worth about remained. This is a very sad, dark moment for $80 million that were never challenged I urge us all to sustain the Presi- our country that a President of the that still, to this day, cannot, have dent’s veto of this legislation. United States would remove all of the not, will not be challenged by this Mr. REYES. Mr. Speaker, I would tools that we’ve provided for the intel- House. tell the gentleman from Arizona that ligence community in a post-9/11 world So that, for the process alone, we this veto is not about earmarks; it’s and say, Because you don’t allow tor- shouldn’t go forward with this piece of about torture. With that, I now yield 3 minutes to ture, I’m not for the bill. legislation. the gentleman from New Jersey (Mr. Now, the President’s position is en- These weren’t just any earmarks. HOLT), who serves as the chairman of tirely inconsistent with our Nation’s One, $80 million worth; and, two, there the Select Intelligence Oversight history. The United States of America were big earmarks like $23 million for has long accepted that torture is be- Panel. the National Drug Intelligence Center. Mr. HOLT. Mr. Speaker, I thank the neath the standard of a civil nation. In This is a center that the President has chairman of the committee. 1947, the United States prosecuted a been trying to shut down for years be- When Congress passed this bill last Japanese military officer for carrying cause it doesn’t coordinate efforts as it year, I lauded several of its features, out a form of water torture on a U.S. should. It gets, I think, about $39 mil- provisions aimed at attracting and re- civilian. The military has frequently lion in the underlying bill and another taining people with good foreign lan- prosecuted American military per- $21 million in earmarked money in this guage capability and understanding of sonnel for subjecting prisoners to tor- piece of legislation. That’s $23 million foreign cultures, a provision bringing ture since the Spanish-American War. in taxpayer dollars in this piece of leg- speed to security clearance processes Our Nation was able to win two world islation. That’s $62 million in taxpayer for new hires, the provision directing wars and defeat a rising tide of com- funding for an entity that the Presi- the Director of National Intelligence to munism with a torture prohibition in dent and the executive branch want to establish a multilevel security clear- place. And I think that we can defeat close down, but it happens to be in the ance process, a provision requiring the America’s enemies today without low- district of a particular powerful Mem- inspector general to review all covert ering ourselves, without allowing our- ber, so it stays. Again, we weren’t able action programs, and a number of selves to become the organizers against to challenge that. other things. Getting these things us. That’s what we have done. And we That led, as we all know, to an alter- right is critically important because have not only degraded ourselves but cation on the House floor between a intelligence is among the most impor- helped to chip away at the magnificent few Members, a privileged resolution tant functions of our government. credibility of our great Nation that that was offered, but still, that ear- A good intelligence system can save people before us provided, and now we mark remains. All of these earmarks lives by preventing war, or, should war stand on their shoulders. And a Presi- that still haven’t been able to be chal- come, by helping to win the war as dent of the United States vetoes a bill lenged by the House remain in this quickly as possible. But a flawed intel- because he stands for torture. We piece of legislation. ligence system can be dangerous, as should slam that door shut. Mr. Speaker, if there was ever, ever a when intelligence is manipulated so as And the way we do it is by overriding case study in why we need an earmark to take America to war under false pre- this President’s veto. There isn’t any moratorium, it is this piece of legisla- tenses, or when fearsome powers of the room in our country for this. And for tion that we are dealing with right government are turned on its own citi- anyone to describe these things as now. No matter what you do, the ear- zens without checks and balances. In- being sissies because you stand against marks remain. We even had a motion deed, it’s because this President op- torture, that is really shameful. That’s to instruct offered by my colleague poses checks and balances on our intel- really shameful, with all due respect. from Michigan to take the earmarks in ligence system that we are forced to This is a tough position. It’s the this bill out, remove them because have this veto override today. right position. they haven’t been challenged, and they Let’s be clear, American personnel, So I urge my colleagues to vote to weren’t brought to the floor in the civilian or military, should never en- override the President’s veto because proper manner. gage in interrogation practices that that veto was about torture. amount to torture. The provision the Mr. HOEKSTRA. At this point in b 1745 President objects to would simply put time, I would like to yield 4 minutes to That motion to instruct passed with the entire U.S. Government under one the gentleman from Arizona (Mr. a vote of 249 votes in favor. A sufficient standard for interrogating detainees, FLAKE). number of Republicans and a signifi- the Army Field Manual. The heads of Mr. FLAKE. Mr. Speaker, I would cant number of Democrats voted for the Defense Intelligence Agency and like to bring another aspect for sus- that motion to instruct to take the the FBI have testified that the nontor- taining the President’s veto that earmarks out, but here we are with ture guidelines in this bill are adequate hasn’t been talked about yet. this piece of legislation here again for their people to follow in interroga- When this bill was brought to the today, and every one of those earmarks tion of dangerous people. floor initially, there were some 26 ear- still remains. You can’t take them out. If the President were serious about marks in the legislation. First we were We have to have a moratorium on restoring our reputation in the world told there are no earmarks. Then we earmarks so we can address this proc- and about providing moral and legal had kind of a wild goose chase up in ess. You can have good rules. And I clarity for all government employees the intelligence room to find if there commended the Democrats when they involved in the handling or interroga- were. We found out there actually put the rules in place in January of tion of detainees, he would never have

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1507 vetoed this bill. Providing that moral have damaged our Nation’s moral au- at the same time they’ve taken away and legal clarity is our constitutional thority and credibility around the our most effective tool, to try to deter- obligation. And to that end, I urge my world. mine exactly what al Qaeda may be up colleagues to join me in voting to over- There is a simple way to restore to. It is probably the most glaring defi- ride the President’s veto. some of our moral authority. It is in ciency in this bill, but there are many Mr. HOEKSTRA. Mr. Speaker, I yield this bill in the form of a provision others. 2 minutes to my colleague from Illinois mandating that all intelligence agen- It fails to provide adequate resources (Mr. KIRK). cies and those under contract or sub- for human intelligence. The earmarks Mr. KIRK. Mr. Speaker, I am four for contract with our intelligence agencies we’ve heard about. It fails to constrain five on veto overrides of our President, comply with the U.S. Army Field Man- the size of the intelligence bureauc- but this is not one of them. ual on interrogation guidelines. racy. It fails to rationalize how we’re This bill limits our intelligence pro- The interrogation rules in the Army going to put the intelligence commu- fessionals at a time when we need more Field Manual have served us well, but nity together. And then, interestingly people in the Office of the Director of don’t just take my word for it. Gen- enough, it continues the misplaced pri- National Intelligence. The bill fails to erals, intelligence professionals, dip- orities. provide tools to monitor foreign ter- lomats, religious leaders, and foreign We are unwilling to deal with FISA. rorist communications when we should leaders, many of them our closest al- We are unwilling to give that tool to be monitoring more of them. And it lies, have all spoken out against the our intelligence community, but we also provides less resources to our own use of coercive techniques such as feel that it’s more than appropriate to intelligence community, not more. waterboarding. tell our intelligence community to go The bill also does have earmarks in Consider the words of Navy Rear Ad- out and conduct a formal assessment of which the committee delayed publica- miral Mark Buzby, Commander of ‘‘national security,’’ the national secu- tion. Senators MCCAIN and CLINTON and Joint Task Force Guantanamo, which rity aspects of global warming. OBAMA all now support a complete is already required to comply with the Our intelligence professionals in the moratorium on earmarks this year, but Army Field Manual, who recently stat- field need to be really wondering this legislation does not do that. ed that ‘‘we get so much dependable in- what’s going on in the House, where We not only hamstring our intel- formation from just sitting down and they’ve now watched us for 30 days ligence community by this bill, we having a conversation and treating avoiding dealing with the tough issue waste millions of dollars on no or low them like human beings in a business- that has proven to be so effective in quality earmarks that have little util- like manner.’’ Or what about the ad- keeping America safe, and at the same ity to the intelligence community. We vice of the Republican Presidential time we’re arguing here, and the ma- jority is arguing that, forget about should bring back this bill without any nominee, Senator JOHN MCCAIN, who, spy pork. before changing his mind and joining surveilling al Qaeda and radical Mr. Speaker, I still serve in the intel- with President Bush to oppose this bill jihadists, take your resources and study national security aspects of glob- ligence community. We all know that and with it Congress’ effort to ban tor- al warming, although there’s many torture is illegal, and we all read the ture, stated that the issue of interroga- other agencies that already work on papers and know that all Republican tion was ‘‘a defining issue’’ and that in- and Democratic candidates for Presi- that. terrogation should be ‘‘humane and yet So, shelve FISA. As a matter of fact, dent are against waterboarding. So, in effective.’’ And that an Army general don’t even talk about FISA. Don’t even January of this year, that will be over, in Iraq had told him that ‘‘the tech- bring it to the floor. Don’t do any work but the rest of the issues in this bill niques under the Army Field Manual on it. Don’t put any proposals out will not. are working and working effectively, there. Have no bipartisan discussions Does this bill hamstring our commu- and he didn’t think they need to do on where we go with FISA. Leave that nity? It does. Does it fund 26 items of anything else.’’ on the shelf. Let our capabilities erode. spy pork? It does. And for these rea- In December, Congress made its voice Go out and study global warming. sons, we should not pass this flawed known and passed this critically im- What are the priorities of this House? piece of legislation. portant bill. With one flick of his pen, How are we going to keep America safe Mr. REYES. Mr. Speaker, again I the President tried to take our voice when we, on one hand, handcuff our in- would remind the gentleman that this way. I believe it is time to say once telligence community, and on the is not about spy pork; it’s about tor- and for all ‘‘no’’ to techniques like other hand, we’re telling them go out ture. waterboarding, ‘‘no’’ to torture, and and study the national security aspects With that, I now yield 3 minutes to ‘‘no’’ to this President’s attempt to le- of global warming? the gentlelady from Illinois, a valued gitimize his administration’s political With that, Mr. Speaker, I reserve the member of our committee, Ms. legacy at the cost of this Nation’s balance of my time. SCHAKOWSKY. moral authority. Mr. REYES. Mr. Speaker, on this Ms. SCHAKOWSKY. I thank our I urge all my colleagues to join with side, we believe that our very capable chairman for yielding me this time and me in voting to override the Presi- and dedicated men and women of the for his great leadership on this issue, dent’s veto. intelligence community can keep us and for making it clear that this veto Mr. HOEKSTRA. Mr. Speaker, I yield safe without torture. was about torture. myself 3 minutes. I now yield 3 minutes to the newest In December, I said that restrictions Mr. Chairman, it’s interesting that member of our Intelligence Committee, on the use of torture represented a bat- this debate is about something that the gentleman from California (Mr. tle for the soul of our country. Because hasn’t been done for 5 years. What we SCHIFF). the President chose to veto this criti- need to be talking about is what we Mr. SCHIFF. I thank the gentleman. cally important piece of legislation, haven’t been able to do for the last 30 Mr. Speaker, the fight against terror that battle continues today. days. is, at one level, a military struggle, but The way we treat our prisoners is a My colleagues on the other side of it is also, at its roots, a battle over fundamental measure of our character. the aisle are talking about a technique hearts and minds. It is what separates great nations with and a procedure that hasn’t been used On Sunday, we suffered a major set- moral authority to lead from other for 5 years, but they’re unwilling to back in that battle when the President lesser nations. talk about the technique that enables of the United States vetoed legislation The President’s national security us to identify what terrorists may have that would unequivocally state to the team has now publicly confirmed that planned for the United States. world that we do not condone torture the CIA waterboarded detainees. In- They don’t want to address giving in any form, in any place, under any credibly, President Bush and his advis- the tools to Americans who work in circumstance. Instead, by appearing to ers insist that they have the legal au- the intelligence community that have abandon the rule of law by appearing thority to do so again and that they proven to be effective. They’re willing to step away from the Geneva Conven- don’t consider it torture. These claims to give our playbook to al Qaeda, but tions, by failing to renounce the use of

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1508 CONGRESSIONAL RECORD — HOUSE March 11, 2008 torture in the clearest of terms, we are the Intelligence Committee in 2001 If we abandon our American values, only undermining our standing in the when these discussions were under way we lose who we are. We lose our iden- world and endangering the lives of our that talked about what do we need to tity. We lose our pride as the greatest very own men and women. do to give our intelligence community Nation in the world. And if the Admin- When the Attorney General of the the tools that they need to keep Amer- istration and its apologists continue United States recently testified before ica safe so that we can better under- forcing America to abandon the rule of the Judiciary Committee, he could not stand the plans, the intentions, and the law and our long commitment to tell us if and when waterboarding con- capabilities of al Qaeda and other rad- human dignity, we will lose the war. stituted torture. He even suggested ical jihadists. The use of torture, which President that a determination whether some- That is where the Terrorist Surveil- Bush’s veto endorses, is not only un- thing constitutes torture depends on lance Program took root. Bipartisan, American; it is ineffective. That is one who is being subjected to the technique the President, the leadership of the reason why the Army Field Manual and the desirability of the information House and the Senate, the leadership of prohibits its use even when our mili- that is being sought. His testimony was the Intelligence Committees, and all of tary is in harm’s way. As General murky. It was ambiguous. It failed to them united in saying we need to give David Petraeus, our commander in establish any bright line for our per- this tool, this Terrorist Surveillance Iraq, wrote to his troops last year: ‘‘Be- sonnel or for the rest of the world. He Program, to our intelligence commu- yond the basic fact that such actions could only say that if it were done to nity because it will allow us to collect are illegal, history shows that they him, well, then that would be torture. the information, the data, that we can also are frequently neither useful nor Instead, the bright line standard, if use to keep America safe. And that necessary.’’ there was one to be found in his testi- program was in place for over 5 years. I say follow our generals, not the mony, and the one that he asked us to It was in place and it proved to be very Cheney ideologues, not the apologists. hold up to the rest of the world, was successful. And now for 30 days, almost Override this veto. Mr. HOEKSTRA. Mr. Speaker, I yield whether or not a harsh interrogation 30 days, we’ve been unable to use that myself 2 minutes. technique is part of a program author- tool. I applaud my colleagues for speaking Mr. Speaker, with that I reserve the ized by an attorney in the obscure Of- with such passion. I wish they had the balance of my time. fice of Legal Counsel. I am deeply con- same passion for addressing the tools Mr. REYES. Mr. Speaker, I now yield cerned about what this says to our own that the leadership in the intelligence 3 minutes to the gentleman from Aus- personnel and about what it says to the community have said that they have tin, Texas (Mr. DOGGETT), who was just rest of the world. needed, that our intelligence profes- asking me, As I traveled around the This is, indeed, no intangible loss, for sionals who are in the field have said world, have any of our fine men and the effects of this failure of moral lead- that they have needed to keep America women in the intelligence community ership may tragically be visited on safe. And this leadership has been un- ever asked to be given the tool of tor- those brave men and women serving in willing to bring it up for almost 30 ture? and I said, No. our Armed Forces. days. Who among us can fail to recall the Mr. DOGGETT. I thank the gen- The tool that they want, the tool opening ways of the Iraq war when tleman for yielding. that they need, and the tool that has Mr. Speaker, with this veto, Presi- American troops had been captured and proven to be so effective is the Ter- were paraded in front of the cameras? dent Bush has once again failed to safe- rorist Surveillance Program, which is We were disgusted with their treat- guard our families. an updated version of FISA legislation. And what is this ‘‘waterboarding’’ ment, and rightfully so. If we hesitate, It takes the FISA legislation, it moves that the President so readily em- equivocate, or otherwise fail to ban the it forward, and it updates it. But for al- use of waterboarding, how can we have braces? It sounds a little like a cousin most 30 days, that tool has been erod- any confidence that when American of skateboarding or snowboarding. But, ing, putting our troops at risk, putting troops are captured they will not be in fact, it is a new name for an old our homeland at greater risk, putting subjected to this form of torture? How water torture in which a human being other U.S. personnel who are oversees can we make the case that other na- is drowned. The drowning is controlled at greater risk, and putting our allies tions or other enemies must not tor- to force a response, but waterboarding who depend so often on the work of our ture because we don’t torture? How can is simply a euphemism for torture by intelligence community, putting them we win the battle for hearts and minds drowning. at greater risk. As al Qaeda in Iraq has if we surrender our most powerful Now, President Bush is not the first said they want to attack Jerusalem, as weapon, the power of our good exam- Texan to think of this and to believe Hezbollah has said that they intend to ple? that horrific wrongs can justify drown- retaliate for the death of Mughniyah 3 ing of the culprit. An earlier Texas b 1800 or 4 weeks ago, as the radicals seek to waterboarder is not in the White destabilize the regimes in the Middle Mr. Speaker, I urge the override of House; he was sent to the Big House. A East of modern Islamic countries, peo- the President’s veto. Texas judge said that this ple that are working with us in the war Mr. HOEKSTRA. Mr. Speaker, I yield waterboarding Texas sheriff put law and the threat against radical myself 2 minutes. enforcement ‘‘in the hands of a bunch jihadists, our answer to them is we’re Again, the debate is about a bill that of thugs’’ that would ‘‘embarrass a dic- going to curtail our intelligence activi- the President has outlined in his veto tator.’’ The sheriff was sentenced to 10 ties, and as a result, you will be at statement is deeply flawed, deeply years. That judge was right, and this greater risk because we are going to be flawed in the content of what is in the administration is so very wrong. of less assistance. We are not going to bill as to what it directs the President America seems to have been sen- be able to give you the intelligence to do and the limitations that it places tenced to 8 years of , who that you’ve been receiving for the last on the executive branch in being able claims that such water torture is a ‘‘no 5 years because our techniques are lim- to conduct the war against radical brainer.’’ ‘‘No brainer’’—that sounds ited. jihadists effectively. like a good way to describe how so Mr. Speaker, with that I reserve the But it’s also clear that the message many of this Administration’s policies balance of my time. clearly outlines the deficiencies of have been made. Mr. REYES. Mr. Speaker, I now yield what is not in the bill: the inability Torture is no proper tool in the arse- 2 minutes to the chairwoman of the and unwillingness of the Democratic nal of democracy. Torture is foreign to Homeland Security Subcommittee on leadership to bring to the House the our values, foreign to our history, for- Intelligence, Information Sharing and Senate-passed FISA modernization eign to our religions, foreign to our Terrorism Risk Assessment, the gen- bill; a bill that reflects the values of laws, and it is foreign to our inter- tlewoman from California (Ms. HAR- the Speaker of the House; a bill that national commitments. There can be MAN). reflects the values of the current no compromise, no middle ground. We Ms. HARMAN. I thank the gentleman Speaker of the House when she was on must have zero tolerance for torture. for yielding.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1509 Mr. Speaker, for the last several with a very narrow majority. It passed ing more vulnerable to radical years, Congress has been unable to pass the House on a partisan vote. That’s jihadists and other groups who want to an intelligence authorization bill. This not how you’re going to get it done. harm America. means that the Intelligence Com- You’re going to do it the same way With that, I reserve the balance of mittee, entrusted with major respon- that the Senate has done the FISA bill. my time. sibilities, a committee on which I was But the interesting thing is the Mr. REYES. Mr. Speaker, I say to the proud to serve for 8 years, 4 of those as model for getting something done, gentleman from Michigan, it won’t be ranking member, has been prevented which is a bipartisan bill, which is interesting if this veto is sustained. It from setting the direction for our intel- what we did on intelligence reform, we will be a sad day for this country be- ligence community. had Republicans and Democrats who cause it will be sustaining torture. Finally this year, Mr. Speaker, the came together to make it a majority; With that, I now yield 2 minutes to House and Senate agreed on a respon- and we also had Republicans and the gentleman from New York, the val- sible bill and included in that respon- Democrats who opposed us, and it was ued member of the Judiciary Com- sible bill language to end the so-called sometimes very painful. Now, when the mittee, Mr. NADLER. ‘‘CIA loophole’’ on interrogations. The Senate has gone through that process Mr. NADLER. I thank the gentleman President has vetoed that bill and con- and passed a bipartisan bill on FISA, for yielding. tinues to insist irresponsibly, in my the model, 27 Democrats, 41 Repub- Mr. Speaker, a few weeks ago, I view, that Congress shall not impose a licans coming together and modern- joined my colleagues in writing to the legal framework around interrogation izing FISA, the end result is this lead- President urging him to sign this con- policy. I strongly disagree and rise to ership on the House side refuses to deal ference report. This conference report override his veto. with it. It’s on every intelligence issue contains a provision that mirrors legis- Interrogations are a crucial tool in that we’ve dealt with in this Congress. lation which I authored with Congress- the effort to prevent and disrupt at- When it comes to national security, man DELAHUNT, the American Anti- tacks against America, and Congress when it comes to intelligence, there is Torture Act, that would ensure a sin- should not abdicate our obligation to not an ounce of compromise. It’s all gle, uniform baseline standard for all legislate. Aside from stating the case, about getting everything, and that’s interrogations conducted by the U.S. the Bush administration has never of- why the President vetoed this bill, be- intelligence community. I applaud the fered proof that extreme interrogation cause it is not a bipartisan bill. There leadership of Senator FEINSTEIN and techniques like waterboarding are ef- are many weaknesses in it. the other conferees for including this fective. I believe Senator JOHN MCCAIN All the focus on their side is torture. measure in the report. who says that waterboarding is tor- Talk about FISA, which makes a real Since news of the mistreatment, and ture, that such techniques do not work. difference to our men and women in possible torture, of detainees in U.S. Article I, section 8 of our Constitu- the intelligence community today. custody first surfaced, Congress has de- tion requires Congress to ‘‘regulate Mr. Speaker, with that I reserve the bated, and legislated, on the subject of captures on land and water.’’ This is balance of my time. the legal, and moral, limits on interro- our responsibility. We have seen the Mr. REYES. Mr. Speaker, could I in- gation. Torture is unworthy of the erosion of respect for America that quire as to the time on both sides. United States and its people. It places comes from scandals like Abu Ghraib The SPEAKER pro tempore (Mr. every American, especially every and incarceration without end at SALAZAR). The gentleman from Texas American in uniform around the world, Guantanamo Bay. The military and has 5 minutes. The gentleman from at grave risk. FBI conduct interrogations under clear Michigan has 61⁄2 minutes. The United States has historically rules. So why can’t the CIA? Mr. REYES. Mr. Speaker, I reserve been a leader in the effort to establish Mr. Speaker, my message to the the balance of my time. and enforce the laws of war and the White House is this: Congress is a co- Mr. HOEKSTRA. Mr. Speaker, I will conventions against torture. The Army equal branch of government. The Con- yield myself 11⁄2 minutes. Field Manual is an outstanding exam- stitution plainly gives us the power to Mr. Speaker, it’s interesting, as we ple of how our modern military effec- legislate interrogation policy, and we go through this process and we talk tively gathers intelligence and ob- must use it. about what’s in the bill, the provision serves international norms of conduct. Vote ‘‘aye.’’ that we are talking about, or at least We all understand the critical role Mr. HOEKSTRA. Mr. Speaker, I yield the other side is talking about, is a that intelligence plays in helping us myself 2 minutes. provision that was dropped in in con- achieve these goals. But torture and The Detainee Treatment Act, 2005, ference. It came from the Senate. It cruel, inhuman, or degrading treat- prohibits cruel, inhumane, and degrad- didn’t come from the House. We ought ment, besides being contrary to our ing treatment, the standard found in to follow that model. Follow the lead- values, have proven not to be effective the convention against torture. It ap- ership. in obtaining actionable intelligence. plies to anyone held by U.S. authori- It’s interesting, we follow the leader- Current and former members of the ties. We have dealt with that issue. We ship here when it’s a partisan vote military have made it clear that tor- dealt with it in 2005. coming from the Senate; but when it’s ture doesn’t work. What my colleagues don’t want to a bipartisan effort from the Senate, the That includes General Petraeus, who talk about is they don’t want to talk leadership on the Democratic side will wrote an open letter that the standards about the other weaknesses in this bill. not respond and will not follow. in the Army Field Manual ‘‘work effec- And it’s clear, by what their actions tively and humanely in eliciting infor- have been for the last 4 weeks, they b 1815 mation from detainees.’’ Lieutenant don’t want to talk about FISA. On this bill, we are going to sustain General Kimmons, the Deputy Chief of As my former ranking member has the veto. It is a flawed bill through and Staff for Intelligence, similarly stated indicated, it is tough to pass an au- through. It would be interesting for that ‘‘No good intelligence is going to thorization bill. It is tough to pass leg- this House to do the right thing, to come from abusive practices. Any piece islation. She and I worked together and have a vote on a national security of intelligence which is obtained under passed, with our colleagues in the Sen- issue, the modernization of FISA, to duress, under, through the use of abu- ate, an Intelligence Reform Act, which bring that vote. I am very much afraid sive techniques would be of question- in many ways has worked and in some that we are going to go home Thursday able credibility.’’ ways we need to go back and take a or Friday of this week and we are going Mr. Speaker, the President and this look at. But one of the things that we to go on a 2-week recess and, once administration have repeatedly said learned through that process is to again, we will not have dealt with the that America does not torture. But make it work, you need to do it on a modernization of FISA. most intelligent people know the word bipartisan basis. That means that we will go through of this administration cannot be trust- The problem with this bill is that it a period of 6, 7, 8 weeks of eroding ca- ed. And to prove the point, when asked is a partisan bill. It passed the Senate pabilities, each and every day becom- to place those assurances into law, the

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1510 CONGRESSIONAL RECORD — HOUSE March 11, 2008 President refuses. Now Congress must States of America. I agree with that. Armed Forces in Iraq last May. I be- act to override the President’s veto and It’s not. It should not be. But we need lieve it has been quoted, but it bears hold him to his word. to make a very clear statement that it repeating: And later this week, we will deal is not. Why? Because the rest of the ‘‘Some may argue that we would be with FISA. And all the nonsense world is looking at us and wondering more effective if we sanctioned torture spewed by the other side will be dealt what are the values that this great Na- or other expedient methods to obtain with because we will again, as we did tion we respect so much values? information from the enemy. They last November, pass a bill which will Mr. Speaker, on Saturday, the Presi- would be wrong. Beyond the basic fact give every tool the administration says dent could have made a clear, un- that such actions are illegal, history they need to them but will place it equivocal statement that this great shows that they also are frequently under judicial and congressional super- Nation does not and will not torture neither useful nor necessary.’’ vision to protect our liberties as well those in our custody. He should have General Petraeus went on to say: as our safety. signed this important intelligence au- ‘‘Our experience in applying interro- I urge support of this veto override to thorization conference report into law. gation standards laid out in the Army outlaw torture once and for all. But instead, he vetoed it, because it re- Field Manual . . . shows that the tech- Mr. HOEKSTRA. I yield myself 2 quires all American intelligence agen- niques in the manual work effectively minutes. cies to comply with the U.S. Army and humanely in eliciting information It is interesting to talk about Field Manual on Interrogations. from detainees.’’ waterboarding. It hasn’t been done for Let us be clear: This veto was unfor- Mr. Speaker, this is not a question of 5 years. It is interesting to talk about tunate and misguided. It threatens to whether we must combat and defeat we are going to get rid of cruel, inhu- further degrade America’s moral stand- terrorists. We must. However, we must mane, and degrading treatment. We did ing as others have said, including Colin never let it be said that when this gen- that in the Detainee Treatment Act of Powell, the former Secretary of State eration of Americans was forced to 2005. It is prohibited, prohibited on any in this administration. It threatens to confront evil that we succumbed to the person that is held in U.S. custody. So undermine our credibility in the inter- tactics of the tyrant. I urge my colleagues on both sides of it is easy to talk about those things. national community and to expose our the aisle, vote to override this unjusti- It is time that the House start doing own military and intelligence per- fied and deeply misguided veto. the hard stuff and the heavy lifting. sonnel to the very same tactics and Mr. HOEKSTRA. I yield myself 1 That heavy lifting has now been put off treatment. minute. for almost 4 weeks. And my fear is that Mr. Speaker, every Member here be- The Detainee Treatment Act outlaws we will leave without having resolved lieves that our Nation must take deci- cruel, inhumane, and degrading treat- the issue between the House and the sive action to detect, disrupt, and, yes, ment. There seems to be a sense of ur- Senate, and we will go away for 2 more eliminate terrorists who have no com- gency to do what we have done and do weeks because the House and the punction about planning and partici- it again. It is too bad that there is no Democratic leadership refuses to do the pating in the mass killings of innocent sense of urgency to give our individuals heavy lifting and refuses to do the hard men, women, and children in an effort in the intelligence community the stuff. They are willing to go back and to advance their twisted, demented tools that they need to keep us safe. do the stuff that was done in 2005 and aims. We can, we will, and we must The Senate has passed FISA. We address issues that haven’t occurred prevail in the war on terror. However, should do the same thing. And we for over 5 years. But when it comes to in the pursuit of those who seek to should do it before we go home. We keeping America safe and doing what is harm us, we must not sacrifice the need to start doing national security necessary and giving the tools to the very ideals that distinguish us from issues in a bipartisan basis. The longer intelligence community to keep us those who preach death and destruc- we continue going down this path of safe, leadership of this House is unwill- tion and say that their ends justify making national security and intel- ing to act and is unwilling to do what whatever means they may use. ligence issues purely partisan, some is necessary. During the current administration, might call them purely political issues, With that, I reserve the balance of we have seen the line blurred between we risk the security and the safety of my time legitimate, sanctioned interrogation the American people. Mr. REYES. Mr. Speaker, I now yield tactics and torture. And there is no With that, I reserve the balance of 1 minute to the distinguished gen- doubt, our international reputation has my time. tleman from Maryland, a member of suffered and been stained as a result. Mr. REYES. Mr. Speaker, could I in- the leadership of this House, the major- The excesses at Abu Ghraib and Guan- quire as to the time. ity leader, and one that is proud to tanamo are well known, as well as the The SPEAKER pro tempore. The gen- stand up against torture and for the administration’s belief that the Geneva tleman from Texas has 2 minutes re- American people, Mr. HOYER. Convention against torture is, and I maining. The gentleman from Michi- Mr. HOYER. I thank my friend for quote, quaint. Let me repeat that for gan has 21⁄2 minutes remaining. yielding. my colleagues. The administration’s Mr. REYES. Mr. Speaker, with that, In response to the distinguished advice that it got from counsel was I will yield 1 minute to the gentle- ranking member of the committee, let that the Geneva Conventions against woman from California, the Speaker of me read a statement from the Presi- torture is, quote, quaint, close quote. I the House of Representatives. dent’s veto message of March 8, 2008: would suggest to you it is as relevant Ms. PELOSI. Mr. Speaker, I thank ‘‘My disagreement over section 327 is today as it was when it was signed. the distinguished chairman of the In- not over any particular interrogation These incidents and others sully our telligence Committee for his leadership technique; for instance, it is not over great Nation’s good reputation and on protecting the American people. In waterboarding, which is not part of the allow our enemies to foment fear and addition to being Chair of the Intel- current CIA program.’’ He doesn’t say stoke hatred. Requiring all intelligence ligence Committee, he has served for that it will not be a part of the CIA agencies to comply with the Army many years on the Armed Services program. He has very carefully worded, Field Manual on interrogation is an at- Committee. He brings to his position ‘‘It is not part of the current program.’’ tempt by this Congress, passed by ma- on Intelligence the commitment that That is why I tell my friend this leg- jorities in both Houses, to repair the we all have, to protecting the Amer- islation is relevant. That is why, in my damage that has already been done. ican people, to building a strong mili- opinion, his Presidential candidate, al- Furthermore, the techniques permitted tary second to none to do that, to pro- though he seems to have changed his by the Army Field Manual have been tect the American people. He knows mind, passed his own bill, which the endorsed by a wide array of civilian that force protection is one of the main President, of course, signed and then and military officials as both effective priorities of intelligence, to protect had a signing statement that he wasn’t and consistent with our values. our forces, and when they are in harm’s sure that he had to follow it, that tor- Here, in fact, is what General David way, to make sure they have the intel- ture was not the policy of the United Petraeus wrote to members of the ligence to prevail.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1511 Mr. Speaker, the New Direction Con- techniques also risks the safety of our Senate’s FISA bill. We haven’t dealt gress has made strengthening national soldiers and other Americans serving with the fact that we are in danger security and improving America’s in- overseas. In a letter to the congres- every day, and as a member of the in- telligence capabilities a top priority. It sional Intelligence Committee chair- telligence community, I know just how is our major responsibility, to protect men, 30 retired generals and admirals, damaging the absence of action has the American people. including General Joseph Hoar, the been. Our very first piece of legislation, former head of the U.S. Central Com- This bill has become a partisan bill, H.R. 1, took the bipartisan 9/11 Com- mand, the command that oversees our and wrongly so. I call on my colleagues mission recommendations off the shelf, military activities in the Iraq region, on both sides of the aisle to fix it and as they had been in the Republican the Middle East and greater Middle move on, rather than complaining Congress, and put them into law to bet- East area, those 30 retired generals and about something that the Speaker is ter protect the American people. We admirals, looking again to the voices well aware of. then began our efforts to strengthen of those who have led in the military, Mr. REYES. Mr. Speaker, could I in- America’s military, the readiness of stated: ‘‘We believe it is vital to the quire of the time. which has been greatly depleted by the safety of our men and women in uni- The SPEAKER pro tempore. The gen- President’s failed Iraq policy. form that the United States not sanc- tleman from Texas has 1 minute and To restore our military strength, we tion the use of interrogation methods the gentleman from Michigan has 11⁄2 have expanded the size of the Army and it would find unacceptable if inflicted minutes. Marine Corps, passed legislation insist- by the enemy against captured Ameri- Mr. REYES. Thank you. ing that only fully mission-capable cans.’’ I would advise the gentleman from forces be deployed, and funded essen- Many military officials and intel- Michigan I have one additional speak- tial equipment, including armored ligence professionals have also stated er. With that, I now yield 45 seconds to Humvees. that torture is ineffective; it is un- the gentleman from Virginia (Mr. Mr. Speaker, America’s security de- likely to produce the kind of timely and reliable information needed to dis- MORAN). pends on the strength of our military Mr. MORAN of Virginia. Mr. Speak- as we all know, but also the quality of rupt terrorist plots. I want to reinforce the message of er, there are five compelling reasons information gathered and analysis pro- why we should override the President’s vided by the 16 intelligence agencies my colleague, the majority leader, STENY HOYER, in quoting the words of veto of this bill and sustain the con- that make up our Nation’s intelligence gressional ban on torture: community. As someone who has General David Petraeus. As Mr. HOYER just stated, but I think it bears repeat- First of all, it creates a double stand- served on the House Intelligence Com- ard between the military and our intel- mittee now as a member and ex officio ing, the words of General David Petraeus: ‘‘Some may argue that we ligence personnel. The rest of the world for 16 years, longer than anyone in the would be more effective if we sanc- won’t recognize the difference, and nei- Congress, I understand that policy- tioned torture or other expedient ther should we. makers in Congress and in the execu- methods to obtain information from Secondly, it gives us faulty informa- tive branch must be able to rely on ac- the enemy. That would be wrong,’’ tion. Somebody being tortured will tell curate, timely, and actionable intel- General Petraeus said. He went on: you whatever is necessary in order to ligence. That is why this intelligence ‘‘Beyond the basic fact that such ac- stop the torture. authorization bill invests in human in- tions are illegal, history shows that Thirdly, it jeopardizes our own per- telligence, counterterrorism oper- they are frequently neither useful nor sonnel, because the enemy will con- ations, and analysis. It is a critical necessary.’’ sider it a license to torture American step in protecting our Nation. And the These leading military men and prisoners. President should have signed it into women and those of us who support Fourth, it is illegal, according to the law. this legislation’s ban on torture believe Geneva Conventions. b 1830 that we can and we must protect Amer- Fifth, it is immoral, and thus it is ica while preserving our country’s un-American. Regrettably, President Bush vetoed Our Founding Fathers believed that these critical investments in our intel- deeply held principles. In the final analysis, our ability to this Nation would be united by a com- ligence capabilities because this legis- lead the world will depend not only on mon set of values, that we would stand lation extended the Army Field Manu- our military might but also on our as a moral guidepost to the rest of the al’s prohibition on torture to intel- moral authority. Today, we can begin world. This undermines that moral ligence community personnel. to reassert that moral authority by high ground, and that is why this veto The prohibition on torture that the overriding the President’s veto. should be overridden. President vetoed protected our values, Thank you again, Mr. Chairman, for Mr. HOEKSTRA. Mr. Speaker, I yield protected American military and diplo- your leadership. myself the balance of the time. matic personnel, and protected Ameri- Mr. HOEKSTRA. Mr. Speaker, I yield Mr. Speaker, I encourage my col- cans by ensuring accurate intelligence. 1 minute to the gentleman from Cali- leagues today to sustain the Presi- Our Nation is on a stronger ground fornia (Mr. ISSA). dent’s veto. This is an ill-advised bill. ethically and morally when our prac- Mr. ISSA. Mr. Speaker, I am as- This goes back to what we did in the tices for holding and interrogating cap- tounded that you can use the words 1990s, ‘‘bugs and bunnies,’’ telling our tives are consistent with the Geneva ‘‘torture’’ and ‘‘waterboarding’’ as intelligence folks that it is time to Conventions, when we do not torture. though you were not on the committee focus your resources and your skills on We all have our views here about in- of jurisdiction knowing about it as an studying the national security implica- telligence gathering, analysis and dis- ex-officio at the time it is to have oc- tions of global warming. semination; and, again, much of the curred. I am shocked that this is going There are many problems with this focus is on force protection. So I look to be all about a procedure or proce- bill. But the sense of urgency that we to the words of those who have served dures that in fact the Speaker of the have in the intelligence community in the military for their view on this House had the ability to know about today is, as my colleague from Cali- subject. and condoned for years. I am shocked fornia pointed out today, we are going In the words of Retired RADM Don- that the Speaker of the House would to tell al Qaeda exactly what may hap- ald Guter, a former Navy Judge Advo- speak about David Petraeus, when in pen. We are going to give them our cate General, he says: ‘‘There is no dis- fact David Petraeus has said publicly playbook. And at the same time we connect between human rights and na- and privately: ‘‘You know, on the bat- have limited our ability to listen to tional security. They are synergistic. tlefield of Iraq, I can kill the enemy, radical jihadists. One doesn’t work without the other for but I can’t listen to him if he calls It is now 26, 27, 28 days since FISA, or very long.’’ America.’’ the Protect America Act, has expired. Failing to legally prohibit the use of This today should be about what we How many more days will my col- waterboarding and other harsh torture haven’t done. We haven’t taken up the leagues on the other side of the aisle

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1512 CONGRESSIONAL RECORD — HOUSE March 11, 2008 wait before they take up this legisla- tomers. . . If [individuals] think these [harsh in- oversight of intelligence funding. In its final re- tion from the Senate? Will it be one terrogation] methods work, they’re woefully port, the 9/11 Commission concluded that: ‘‘Of more day? Will it be three more days? misinformed. Torture is counterproductive on all our recommendations, strengthening con- Will it be two more weeks? Will it be all fronts. It produces bad intelligence. It ruins gressional oversight may be among the most two more months? How much greater the [interrogation] subject, makes them use- difficult and important. So long as oversight is do you want to increase the risk to the less for further interrogation. And it damages governed by the current congressional rules homeland, to our allies, to our troops, our credibility around the world.’’ and resolutions, we believe the American peo- before you act? Moreover, 30 retired military leaders have ple will not get the security they want and The Speaker of the House shortly pointed out that failing to prohibit harsh inter- need.’’ after 9/11 agreed that we needed to act. rogation techniques endangers our men and Last year, the Democratic leadership at- It is beyond me why she doesn’t want women in uniform. In a December 2007 letter, tempted to apply a ‘‘Band-Aide’’ to this prob- to act now and why we don’t have that 30 retired military leaders wrote, ‘‘We believe lem by creating a powerless Intelligence Over- sense of urgency. It is time to bring it is vital to the safety of our men and women sight Panel that has very little control over ac- FISA to the floor, and it is time to sus- in uniform that the United States not sanction tual funding decisions. This is clearly not what tain the President’s veto. the use of interrogation methods it would find the 9/11 Commission recommended. In fact, Mr. Speaker, I yield back the balance unacceptable if inflicted by the enemy against its report plainly states that ‘‘tinkering with the of my time. captured Americans. . . . The current situa- existing committee structure is not sufficient.’’ Mr. REYES. Mr. Speaker, I yield my- tion, in which the military operates under one In May of 2007, I offered a simple amendment self the balance of my time. set of interrogation rules that are public and to the bill before us, calling for Congress to Mr. Speaker, this is a critical bill for the CIA operates under a separate, secret set implement these crucial recommendations— the intelligence community. If you of rules, is unwise and unpractical . . . What but it was prevented from being considered for vote to sustain this veto, you are vot- sets us apart from our enemies in this fight inclusion in this legislation. ing for torture with the President. I be- . . . is how we behave. In everything we do, Mr. Speaker, the American people have in- lieve we should stand with the men and we must observe the standards and values sisted that we implement all of the 9/11 Com- women of the community and override that dictate that we treat noncombatants and mission recommendations—even those that the President’s veto. detainees with dignity and respect.’’ are difficult. We will be doing this country a Mr. VAN HOLLEN. Mr. Speaker, I rise today Many retired military leaders have also disservice until we put in place an effective to cast my vote to override the President’s pointed out that waterboarding is clearly tor- committee structure capable of giving our na- veto of the ban on torture. This bill would have ture and is illegal. For example, Retired Admi- tional intelligence agencies the oversight, sup- prevented the CIA from engaging in acts of ral Donald Guter, Judge Advocate General, port, and leadership they need. Mr. PAUL. Mr. Speaker, I rise in somewhat torture. The President vetoed this bill over the wrote in a November 2007 letter, reluctant support of this vote to override the provision that specifically extends to U.S. intel- ‘‘Waterboarding is inhumane, it is torture, and President’s veto of H.R. 2062, the Intelligence ligence agencies and personnel the current it is illegal. . . This is a critically important Authorization Act of 2008. Although I voted prohibitions in the Army Field Manual against issue—but it is not, and never has been, a against this authorization when it first came to waterboarding and other torture. complex issue, and even to suggest otherwise the floor, the main issue has now become The human rights violations perpetrated by does a terrible disservice to this nation. . . . whether we as a Congress are to condone tor- the Bush Administration against people de- Waterboarding detainees amounts to illegal ture as official U.S. policy or whether we will tained by the United States have done more torture in all circumstances. to suggest other- speak out against it. This bill was vetoed by to compromise this nation’s security than to wise—or even to give credence to such a sug- the President because of a measure added protect it. We can protect our nation from acts gestion—represents both an affront to the law of terrorism without compromising our values extending the prohibition of the use of any in- and to the core values of our nation.’’ terrogation treatment or technique not author- or the Constitution. Finally, the use of torture has weakened our ized by the United States Army Field Manual The use of torture by U.S. intelligence agen- national security by eroding our moral stand- on Human Intelligence Collector Operations to cies to gain intelligence is repugnant on moral ing and has cost us our ability to enlist the co- the U.S. intelligence community. Opposing this grounds. In addition, many experts agree that operation and support of other nations in our prohibition is tantamount to endorsing the use information extracted through torture is often fight against terrorism, and places our military of torture against those in United States Gov- unreliable and misleading. Moreover, as the and diplomatic personnel at risk. This practice former Chairman of the Joint Chiefs of staff, ernment custody. must be stopped. Overturning this veto would Mr. Speaker, we have all read the disturbing Colin Powell, has testified, torture will put our be a crucial first important step to restore our reports of individuals apprehended and taken own troops at greater risk of torture. moral standing in the world. It is imperative to secret prisons maintained by the United In 2007, General David Petraeus stated that that Congress tells the world in no uncertain States Government across the globe, tortured torture is wrong and that the Army Field Man- terms: Americans do not engage in torture. for months or even years, and later released ual works. In an open letter to service mem- Mr. CASTLE. Mr. Speaker, I rise in opposi- without charge. Khaled al-Masri, for example, bers in May 2007, General Petraeus stated, tion to overriding the President’s veto of H.R. a German citizen, has recounted the story of ‘‘Some may argue that we would be more ef- 2082, the conference agreement on the Fiscal his incarceration and torture by U.S. intel- fective if we sanctioned torture or other expe- Year 2008 Intelligence Authorization Act. ligence in a secret facility in Afghanistan. His dient methods to obtain information from the As a former Member of the House Select horror was said to be simply a case of mis- enemy. They would be wrong. Beyond the Committee on Intelligence, I believe it is vital taken identity. We do not know how many basic fact that such actions are illegal, history that we provide the United States intelligence more similar cases there may be, but clearly shows that they also are frequently neither agencies with the tools and resources nec- it is not in the interest of the United States to useful nor necessary. Certainly, extreme phys- essary to ensure our security. Therefore, I act in a manner so contrary to the values ical action can make someone ‘talk;’ however, strongly support funding in this bill for human upon which we pride ourselves. what the individual says may be of question- intelligence activities, intelligence analysis, and My vote to override the President’s veto is able value. In fact, our experience in applying counterterrorism operations. Furthermore, I a vote to send a clear message that I do not the interrogation standards laid out in the support language in the agreement prohibiting think the United States should be in the busi- Army Field Manual . . . shows that the tech- the use of interrogation techniques not author- ness of torture. It is anti-American, immoral niques in the manual work effectively and hu- ized by the U.S. Army Field Manual on Human and counterproductive. manely in eliciting information from detainees.’’ Intelligence Collector Operations. Our soldiers Mr. UDALL of Colorado. Mr. Speaker, the At a February 29th news briefing to oppose and interrogators need to know exactly where President’s veto of this legislation was not a the President’s anticipated veto, retired Lt. the line is when engaging prisoners and there surprise but still very disappointing. Gen. Harry Soyster, former Director of the De- should be absolutely no question about what It was not a surprise because the President fense Intelligence Agency, stated, ‘‘Experience is acceptable behavior and what is not. In fact, had clearly signaled his intention to reject the shows that the Army Field Manual’s ap- I have cosponsored legislation to require the bill’s requirement that all intelligence agencies proaches to interrogation work. The Army anti-torture provisions included in this con- follow the rules governing interrogation tech- Field Manual is comprehensive and sophisti- ference agreement. niques followed by our military, even though cated. It contains all the techniques any good Nevertheless, I will oppose this bill because the bill also authorizes supplemental funding interrogator needs to get accurate, reliable in- it fails to implement the 9/11 Commission’s for counterterrorism as well as funding for ad- formation, including out of the toughest cus- recommendations for reforming congressional vanced research and development funding to

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00066 Fmt 4634 Sfmt 9920 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1513 help maintain our technical capacity for intel- interrogations of two detainees held in Thai- Becerra Hare Olver ligence, to repair and replace aging and inad- land who were reportedly subjected to Berkley Harman Ortiz waterboarding and other coercive interroga- Berman Hastings (FL) Pallone equate power infrastructure, and to improve Berry Herseth Sandlin Pascrell training and education of linguists, analysts, tion techniques to determine whether de- stroying the tapes amounted to obstruction Bishop (GA) Higgins Pastor Bishop (NY) Hill Paul and human intelligence collectors. of justice. Blumenauer Hinchey Payne But it was disappointing that President Bush Public disclosure of these incidents should refuses to agree to that simple requirement, Boren Hinojosa Pelosi lead to a firm U.S. policy preventing govern- Boswell Hirono Perlmutter because the result is to signal to the world ment operatives from using torture in the fu- Boucher Hodes Peterson (MN) that he refuses to recognize that the result will ture. Perhaps the best thing about the emer- Boyd (FL) Holden Pomeroy be to place every American, especially those gence of Sen. John McCain as the Republican Boyda (KS) Holt Price (NC) in uniform around the world, at grave risk. presidential frontrunner is that McCain, who Brady (PA) Honda Rahall The United States historically has led in the was tortured by the North Vietnamese while Braley (IA) Hoyer Reyes a POW during the Vietnam War, has ex- Brown, Corrine Inslee Richardson effort to establish and enforce the laws of war Butterfield Israel Rodriguez and conventions against torture. Indeed, the pressed his firm opposition to the use of tor- ture by the U.S. He has said that one thing Capps Jackson (IL) Ross Army Field Manual is an outstanding example that helped him endure his imprisonment Capuano Jackson-Lee Rothman Cardoza (TX) Roybal-Allard of how our modern military effectively gathers was the knowledge that our side doesn’t en- intelligence and observes international norms Carnahan Jefferson Ruppersberger gage in such barbarity. Carney Johnson (GA) Ryan (OH) of conduct. Torture is sometimes justified as the only Castor Johnson (IL) Salazar The importance of that leadership and the way to extract information from detainees Chandler Johnson, E. B. Sa´ nchez, Linda appropriateness of the guidelines in the field when an attack is deemed imminent, and Clarke Jones (OH) T. manual were clearly recognized by Congress Hayden said in 2002 and 2003 that everybody Clay Kagen Sanchez, Loretta when we voted to approve the conference re- expected an attack on the U.S. following the Cleaver Kanjorski Sarbanes port’s provision extending the field manual to 9/11 terrorist attacks. But most experienced Clyburn Kaptur Schakowsky Cohen Kennedy Schiff the entire intelligence community—the provi- interrogators say torture seldom if ever pro- duces reliable intelligence, that while other Conyers Kildee Scott (GA) sion to which the President objects and which techniques may take longer, they generally Cooper Kind Scott (VA) has prompted him to veto the legislation. By produce better information. Costa Klein (FL) Serrano Costello Lampson Sestak extending the field manual to the intelligence At a more fundamental level, the use of community, the legislation would effectively Courtney Langevin Shea-Porter torture blurs the line between civilized soci- Cramer Larsen (WA) Sherman outlaw waterboarding and similar coercive eties and ruthless barbarians. In the larger Crowley Larson (CT) Shuler techniques. I support that because struggle with jihadist terrorism and those Cuellar Lee Sires waterboarding is widely and rightly viewed as tempted to support or harbor them, the per- Cummings Levin Skelton a form of torture and the refusal to renounce ception that the United States has a certain Davis (AL) Lewis (GA) Slaughter its use will result in greater damage to our na- moral authority is invaluable. Moral author- Davis (CA) Lipinski Smith (NJ) ity was a key factor in the long, twilight Davis (IL) Loebsack Smith (WA) tional interests than the possible benefits of its struggle with aggressive communism we call Davis, Lincoln Lofgren, Zoe Snyder possible use in the future. the Cold War. Using torture undermines that DeFazio Lowey Solis I think the case for overriding the Presi- moral authority. DeGette Lynch Space dent’s veto was well made by the Colorado It is dismaying, therefore, that a day later Delahunt Mahoney (FL) Spratt DeLauro Maloney (NY) Stark Springs Gazette in a recent editorial pointing White House spokesman Tony Fratto was Dicks Markey Stupak out that ‘‘the use of torture blurs the line be- still saying that waterboarding might be Dingell Matheson Sutton tween civilized societies and ruthless barbar- used justifiably in the future. It would have Doggett Matsui Tanner ians.’’ As the editorial notes, been better to acknowledge that in the wake Donnelly McCarthy (NY) Tauscher In the larger struggle with jihadist ter- of 9/11 the U.S. used coercive techniques, Doyle McCollum (MN) Taylor rorism and those tempted to support or har- that one could understand the temptation Edwards McDermott Thompson (CA) bor them, the perception that the United considering the circumstances and the lack Ellison McGovern Tierney States has a certain moral authority is in- of knowledge about al-Qaida, but that we Ellsworth McIntyre Towns valuable. Moral authority was a key factor had renounced the practice. Emanuel McNerney Tsongas It is telling that the firmest opponents of Engel McNulty Udall (CO) in the long, twilight struggle with aggressive Eshoo Meek (FL) Udall (NM) communism we call the Cold War. Using tor- the use of torture tend to be military and former military people who understand the Etheridge Meeks (NY) Van Hollen ture undermines that moral authority. Farr Melancon Vela´ zquez dangers to captured military personnel if it It is telling that the firmest opponents of Fattah Michaud Visclosky the use of torture tend to be military and is widely believed that the U.S. engages in Filner Miller (NC) Walz (MN) former military people who understand the torture. Instead of spinning unlikely sce- Foster Miller, George Wasserman dangers to captured military personnel if it narios in which torture might be justified, Frank (MA) Mollohan Schultz is widely believed that the U.S. engages in the government should announce that Amer- Giffords Moore (KS) Watson torture. Instead of spinning unlikely sce- ica doesn’t do that any more—and mean it. Gilchrest Moore (WI) Watt narios in which torture might be justified, Mr. REYES. Mr. Speaker, I am proud Gillibrand Moran (VA) Waxman Gonzalez Murphy (CT) Weiner the government should announce that Amer- to move the previous question. ica doesn’t do that any more—and mean it. Gordon Murphy, Patrick Welch (VT) The previous question was ordered. Green, Al Murtha Wexler I agree, and that is why I will vote today to The SPEAKER pro tempore. The Green, Gene Nadler Wilson (OH) override the President’s unwise veto of this question is, Will the House, on recon- Grijalva Napolitano Wu important legislation. For the benefit of our col- Gutierrez Neal (MA) Wynn sideration, pass the bill, the objections Hall (NY) Obey Yarmuth leagues, I am attaching the complete text of of the President to the contrary not- the editorial: withstanding? NAYS—188 [From the Colorado Springs Gazette, Feb. 14, Under the Constitution, the vote 2008] Aderholt Brady (TX) Conaway must be by the yeas and nays. Akin Broun (GA) Crenshaw THE HIGH ROAD—FORSWEARING TORTURE Alexander Brown (SC) Cubin GIVES U.S. MORAL STANDING Pursuant to clause 8 of rule XX, this 15-minute vote on the passage of the Bachmann Brown-Waite, Culberson So it’s out in the open now. Central Intel- Bachus Ginny Davis, David ligence Agency Director Gen. Michael Hay- bill on reconsideration will be followed Barrett (SC) Buchanan Davis, Tom den admitted to the Senate Intelligence by 5-minute votes on suspending the Barton (TX) Burgess Deal (GA) Committee last week that the CIA used the rules and adopting House Resolution Biggert Burton (IN) Diaz-Balart, L. coercive interrogation technique known as 948 and House Resolution 493. Bilbray Buyer Diaz-Balart, M. waterboarding, a form of simulated drown- Bilirakis Calvert Doolittle The vote was taken by electronic de- Bishop (UT) Camp (MI) Drake ing, on three al-Qaida operatives in 2002 and vice, and there were—yeas 225, nays 2003. The technique is widely viewed as tor- Blackburn Campbell (CA) Dreier 188, not voting 17, as follows: Blunt Cannon Duncan ture, which is prohibited by U.S. law and [Roll No. 117] Boehner Cantor Ehlers international treaties. Hayden said it has Bonner Carter Emerson not been used since 2003 but that the CIA YEAS—225 Bono Mack Castle English (PA) could use it again if approved by both the at- Abercrombie Andrews Baldwin Boozman Chabot Everett torney general and the president. Ackerman Arcuri Barrow Boustany Cole (OK) Fallin The Justice Department is currently inves- Allen Baca Bartlett (MD) tigating the destruction of videotapes of the Altmire Baird Bean

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1514 CONGRESSIONAL RECORD — HOUSE March 11, 2008 Feeney Latta Renzi tion to suspend the rules and agree to Lynch Perlmutter Sires Ferguson Lewis (CA) Reynolds the resolution, H. Res. 948, as amended, Mack Peterson (MN) Slaughter Flake Lewis (KY) Rogers (AL) Mahoney (FL) Peterson (PA) Smith (NJ) Forbes Linder Rogers (KY) on which the yeas and nays were or- Maloney (NY) Petri Smith (TX) Fortenberry LoBiondo Rogers (MI) dered. Manzullo Pickering Smith (WA) Fossella Lucas Rohrabacher The Clerk read the title of the resolu- Marchant Pitts Snyder Foxx Lungren, Daniel Roskam Markey Platts Solis Franks (AZ) E. Royce tion. Marshall Poe Souder Frelinghuysen Mack Ryan (WI) The SPEAKER pro tempore. The Matheson Pomeroy Space Gallegly Manzullo Sali question is on the motion offered by Matsui Porter Spratt Garrett (NJ) Marchant McCarthy (CA) Price (GA) Stark Saxton the gentleman from Iowa (Mr. Gerlach Marshall Schmidt McCarthy (NY) Price (NC) Stearns Gingrey McCarthy (CA) Sensenbrenner LOEBSACK) that the House suspend the McCaul (TX) Putnam Stupak Gohmert McCaul (TX) Sessions rules and agree to the resolution, H. McCollum (MN) Rahall Sullivan Goode McCotter Shadegg McCotter Ramstad Sutton Goodlatte McCrery Res. 948, as amended. Shays McDermott Regula Tauscher Granger McHenry McGovern Rehberg Taylor Shimkus This will be a 5-minute vote. Graves McHugh McHenry Reichert Terry Shuster The vote was taken by electronic de- Hall (TX) McKeon McHugh Renzi Thompson (CA) Simpson Hastings (WA) McMorris vice, and there were—yeas 396, nays 0, McIntyre Reyes Thornberry Smith (NE) Hayes Rodgers answered ‘‘present’’ 12, not voting 21, McKeon Reynolds Tiahrt Smith (TX) Heller Mica as follows: McMorris Richardson Tiberi Hensarling Miller (FL) Souder Rodgers Rodriguez Tierney Herger Miller (MI) Stearns [Roll No. 118] McNerney Rogers (AL) Towns Sullivan Hobson Miller, Gary YEAS—396 McNulty Rogers (KY) Tsongas Hoekstra Moran (KS) Terry Meek (FL) Rogers (MI) Turner Hulshof Murphy, Tim Thornberry Abercrombie Courtney Harman Meeks (NY) Rohrabacher Udall (CO) Hunter Musgrave Tiahrt Ackerman Cramer Hastings (FL) Melancon Roskam Udall (NM) Inglis (SC) Myrick Tiberi Aderholt Crenshaw Hastings (WA) Mica Ross Upton Issa Neugebauer Turner Allen Crowley Hayes Michaud Rothman Van Hollen Johnson, Sam Nunes Upton Altmire Cubin Heller Miller (FL) Roybal-Allard Vela´ zquez Jones (NC) Pearce Walberg Andrews Cuellar Hensarling Miller (MI) Royce Visclosky Jordan Pence Walden (OR) Arcuri Culberson Herger Miller (NC) Ruppersberger Walberg Keller Peterson (PA) Walsh (NY) Baca Cummings Herseth Sandlin Miller, Gary Ryan (OH) Walden (OR) King (IA) Petri Wamp Bachmann Davis (AL) Higgins Miller, George Ryan (WI) Walsh (NY) King (NY) Pickering Waters Bachus Davis (CA) Hill Mollohan Salazar Walz (MN) Kingston Pitts Weldon (FL) Baird Davis (IL) Hinchey Moore (KS) Sali Wamp Kirk Platts Weller Baldwin Davis (KY) Hinojosa Moore (WI) Sa´ nchez, Linda Wasserman Kline (MN) Poe Westmoreland Barrett (SC) Davis, David Hirono Moran (KS) T. Schultz Knollenberg Porter Whitfield (KY) Barrow Davis, Lincoln Hobson Murphy (CT) Sanchez, Loretta Waters Kucinich Price (GA) Wilson (NM) Bartlett (MD) Deal (GA) Hodes Murphy, Patrick Sarbanes Watson Kuhl (NY) Putnam Wilson (SC) Barton (TX) DeFazio Hoekstra Murphy, Tim Saxton Watt LaHood Ramstad Wittman (VA) Bean DeGette Holden Murtha Schakowsky Waxman Lamborn Regula Wolf Becerra Delahunt Holt Musgrave Schiff Weiner Latham Rehberg Young (AK) Berkley DeLauro Honda Myrick Schmidt Welch (VT) LaTourette Reichert Young (FL) Berman Diaz-Balart, L. Hoyer Nadler Schwartz Weldon (FL) Berry Diaz-Balart, M. Hunter Napolitano Scott (GA) Weller NOT VOTING—17 Biggert Dicks Inglis (SC) Neal (MA) Scott (VA) Westmoreland Capito Mitchell Rush Bilbray Doggett Inslee Neugebauer Sensenbrenner Wexler Bilirakis Donnelly Israel Coble Oberstar Schwartz Nunes Serrano Whitfield (KY) Bishop (GA) Doolittle Issa Davis (KY) Pryce (OH) Tancredo Obey Sessions Wilson (NM) Bishop (NY) Doyle Jackson (IL) Dent Radanovich Thompson (MS) Olver Sestak Wilson (OH) Bishop (UT) Drake Jackson-Lee Hooley Rangel Woolsey Ortiz Shadegg Wilson (SC) Kilpatrick Ros-Lehtinen Blackburn Dreier (TX) Pallone Shays Wittman (VA) Blumenauer Duncan Jefferson Pascrell Shea-Porter Wolf b 1901 Boehner Edwards Johnson (GA) Pastor Sherman Wu Bonner Ehlers Johnson (IL) Paul Shimkus Wynn Mr. FEENEY changed his vote from Bono Mack Ellison Johnson, E. B. Payne Shuler Yarmuth ‘‘yea’’ to ‘‘nay.’’ Boozman Ellsworth Johnson, Sam Pearce Shuster Young (AK) So (two-thirds not being in the af- Boren Emanuel Jones (NC) Pence Simpson Young (FL) Boswell Engel Jones (OH) firmative) the veto of the President Boustany English (PA) Jordan ANSWERED ‘‘PRESENT’’—12 was sustained and the bill was rejected. Boyd (FL) Eshoo Kagen Akin Clay Hulshof The result of the vote was announced Boyda (KS) Etheridge Kanjorski Blunt Cleaver Larsen (WA) as above recorded. Brady (PA) Everett Kaptur Boucher Emerson Skelton Brady (TX) Fallin Keller Carnahan Graves Smith (NE) Stated for: Braley (IA) Farr Kennedy Ms. SCHWARTZ. Mr. Speaker, on rollcall Broun (GA) Fattah Kildee NOT VOTING—21 Brown (SC) Feeney Kind No. 117, I was unavoidably detained. Had I Alexander Kilpatrick Rangel Brown, Corrine Ferguson King (IA) Butterfield McCrery Ros-Lehtinen been present, I would have voted ‘‘yea.’’ Brown-Waite, Filner King (NY) Capito Mitchell Rush Stated against: Ginny Flake Kingston Davis, Tom Moran (VA) Tancredo Mr. COBLE. Mr. Speaker, on rollcall No. Buchanan Forbes Kirk Dent Oberstar Tanner Burgess Fortenberry Klein (FL) 117, I was detained at a firefighters ceremony. Dingell Pryce (OH) Thompson (MS) Burton (IN) Fossella Kline (MN) Hooley Radanovich Woolsey Had I been present, I would have voted ‘‘nay.’’ Buyer Foster Knollenberg PERSONAL EXPLANATION Calvert Foxx Kucinich b 1909 Ms. WATERS. Mr. Speaker, during Camp (MI) Frank (MA) Kuhl (NY) Campbell (CA) Franks (AZ) LaHood rollcall vote No. 117 on H.R. 2082, I mis- So (two-thirds being in the affirma- Cannon Frelinghuysen Lamborn tive) the rules were suspended and the takenly recorded my vote as ‘‘no’’ Cantor Gallegly Lampson when I should have voted ‘‘yes.’’ Capps Garrett (NJ) Langevin resolution, as amended, was agreed to. The SPEAKER pro tempore. The veto Capuano Gerlach Larson (CT) The result of the vote was announced Cardoza Giffords Latham as above recorded. message and the bill will be referred to Carney Gilchrest LaTourette the Permanent Select Committee on Carter Gillibrand Latta A motion to reconsider was laid on Intelligence. Castle Gingrey Lee the table. Castor Gohmert Levin The Clerk will notify the Senate of Chabot Gonzalez Lewis (CA) f the action of the House. Chandler Goode Lewis (GA) CONGRATULATING THE WOMEN’S f Clarke Goodlatte Lewis (KY) Clyburn Gordon Linder WATER POLO TEAM OF UCLA CONGRATULATING THE UNIVER- Coble Granger Lipinski FOR WINNING THE 2007 NA- SITY OF KANSAS FOOTBALL Cohen Green, Al LoBiondo TIONAL CHAMPIONSHIP Cole (OK) Green, Gene Loebsack TEAM FOR WINNING THE 2008 Conaway Grijalva Lofgren, Zoe The SPEAKER pro tempore. The un- FEDEX ORANGE BOWL Conyers Gutierrez Lowey finished business is the vote on the mo- Cooper Hall (NY) Lucas The SPEAKER pro tempore. The un- Costa Hall (TX) Lungren, Daniel tion to suspend the rules and agree to finished business is the vote on the mo- Costello Hare E. the resolution, H. Res. 493, as amended,

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1515 on which the yeas and nays were or- Marshall Pitts Smith (NE) rollcall No. 117, ‘‘yes’’ on rollcall No. 118, and Matheson Platts Smith (NJ) dered. Matsui Poe Smith (TX) ‘‘yes’’ on rollcall No. 119. The Clerk read the title of the resolu- McCarthy (CA) Pomeroy Smith (WA) f tion. McCarthy (NY) Porter Snyder McCaul (TX) Price (GA) Solis REPORT ON RESOLUTION PRO- The SPEAKER pro tempore. The McCollum (MN) Price (NC) Souder question is on the motion offered by VIDING FOR CONSIDERATION OF McCotter Putnam Space H. CON. RES. 312, CONCURRENT the gentleman from Iowa (Mr. McDermott Rahall Spratt RESOLUTION ON THE BUDGET LOEBSACK) that the House suspend the McGovern Ramstad Stark McHenry Regula Stearns FOR FISCAL YEAR 2009 rules and agree to the resolution, H. McHugh Rehberg Stupak Res. 493, as amended. McIntyre Reichert Sullivan Ms. SUTTON, from the Committee on This will be a 5-minute vote. McKeon Renzi Sutton Rules, submitted a privileged report McMorris Reyes Tanner (Rept. No. 110–548) on the resolution (H. The vote was taken by electronic de- Rodgers Reynolds Tauscher vice, and there were—yeas 400, nays 0, McNerney Richardson Taylor Res. 1036) providing for consideration not voting 29, as follows: McNulty Rodriguez Terry of the concurrent resolution (H. Con. Meek (FL) Rogers (AL) Thompson (CA) [Roll No. 119] Res. 312) revising the congressional Meeks (NY) Rogers (KY) Thornberry budget for the United States Govern- YEAS—400 Mica Rogers (MI) Tiberi Michaud Rohrabacher Tierney ment for fiscal year 2008, establishing Abercrombie Courtney Hayes Miller (FL) Roskam Towns the congressional budget for the United Ackerman Cramer Heller Miller (MI) Ross Tsongas States Government for fiscal year 2009, Aderholt Crenshaw Hensarling Miller (NC) Roybal-Allard Turner Akin Crowley Herger Miller, Gary Royce Udall (CO) and setting forth appropriate budg- Allen Cubin Herseth Sandlin Miller, George Ruppersberger Udall (NM) etary levels for fiscal years 2010 Altmire Cuellar Higgins Mollohan Ryan (OH) Upton through 2013, which was referred to the Andrews Culberson Hinchey Moore (KS) Ryan (WI) Van Hollen Arcuri Cummings Hinojosa Moore (WI) Salazar Vela´ zquez House Calendar and ordered to be Baca Davis (AL) Hirono Moran (KS) Sali Visclosky printed. Bachus Davis (CA) Hobson ´ Murphy (CT) Sanchez, Linda Walberg f Baird Davis (IL) Hodes Murphy, Patrick T. Walden (OR) Baldwin Davis (KY) Hoekstra Murphy, Tim Sanchez, Loretta Walsh (NY) ESTABLISHING AN OFFICE OF Barrett (SC) Davis, David Holden Murtha Sarbanes Walz (MN) Barrow Davis, Lincoln Holt Musgrave Saxton Wamp CONGRESSIONAL ETHICS Bartlett (MD) Deal (GA) Honda Myrick Schakowsky Waters Ms. SUTTON. Mr. Speaker, by direc- Barton (TX) DeFazio Hoyer Nadler Schiff Watson Bean DeGette Hulshof Napolitano Schmidt Watt tion of the Committee on Rules, I call Becerra Delahunt Hunter Neal (MA) Schwartz Waxman up House Resolution 1031 and ask for Berkley Diaz-Balart, L. Inglis (SC) Neugebauer Scott (GA) Weiner its immediate consideration Berman Diaz-Balart, M. Inslee Nunes Scott (VA) Welch (VT) The Clerk read the resolution, as fol- Berry Dicks Israel Obey Sensenbrenner Weldon (FL) Biggert Doggett Issa Olver Serrano Weller lows: Bilbray Donnelly Jackson (IL) Ortiz Sessions Westmoreland H. RES. 1031 Bilirakis Doolittle Jackson-Lee Pallone Sestak Wexler Bishop (GA) Doyle (TX) Pascrell Shadegg Whitfield (KY) Resolved, That House Resolution 895, Bishop (NY) Drake Jefferson Pastor Shays Wilson (NM) amended by the amendment printed in the Bishop (UT) Dreier Johnson (GA) Paul Shea-Porter Wilson (OH) report of the Committee on Rules accom- Blackburn Duncan Johnson (IL) Payne Sherman Wilson (SC) panying this resolution, is hereby adopted. Blumenauer Edwards Johnson, E. B. Pearce Shimkus Wittman (VA) Blunt Ehlers Johnson, Sam Pence Shuler Wolf The SPEAKER pro tempore. The gen- Boehner Ellison Jones (NC) Perlmutter Shuster Wu tlewoman from Ohio is recognized for 1 Bonner Ellsworth Jones (OH) Peterson (MN) Simpson Wynn hour. Bono Mack Emanuel Jordan Peterson (PA) Sires Yarmuth Ms. SUTTON. Mr. Speaker, for the Boozman Emerson Kagen Petri Skelton Young (AK) Boswell Engel Kanjorski Pickering Slaughter Young (FL) purpose of debate only, I yield the cus- Boucher English (PA) Kaptur tomary 30 minutes to the gentleman Boustany Eshoo Keller NOT VOTING—29 Boyd (FL) Etheridge Kennedy from California (Mr. DREIER). All time Alexander Hooley Rangel yielded during consideration of the rule Boyda (KS) Everett Kildee Bachmann Kilpatrick Ros-Lehtinen Brady (PA) Fallin Kind Boren Lewis (GA) Rothman is for debate only. Brady (TX) Farr King (IA) Butterfield McCrery Rush GENERAL LEAVE Braley (IA) Fattah King (NY) Capito Melancon Tancredo Broun (GA) Feeney Kingston Davis, Tom Mitchell Thompson (MS) Ms. SUTTON. Mr. Speaker, I ask Brown (SC) Ferguson Kirk DeLauro Moran (VA) Tiahrt unanimous consent that all Members Brown, Corrine Filner Klein (FL) Dent Oberstar Wasserman Brown-Waite, Flake Kline (MN) have 5 legislative days within which to Dingell Pryce (OH) Schultz revise and extend their remarks and to Ginny Forbes Knollenberg Hill Radanovich Woolsey Buchanan Fortenberry Kucinich insert extraneous materials into the Burgess Fossella Kuhl (NY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE RECORD. Burton (IN) Foster LaHood The SPEAKER pro tempore (during Buyer Foxx Lamborn The SPEAKER pro tempore. Is there Calvert Frank (MA) Lampson the vote). Members are advised 2 min- objection to the request of the gentle- Camp (MI) Franks (AZ) Langevin utes remain in the vote. woman from Ohio? Campbell (CA) Frelinghuysen Larsen (WA) Cannon Gallegly Larson (CT) b 1917 There was no objection. Cantor Garrett (NJ) Latham So (two-thirds being in the affirma- PARLIAMENTARY INQUIRIES Capps Gerlach LaTourette Mr. ABERCROMBIE. Mr. Speaker, Capuano Giffords Latta tive) the rules were suspended and the Cardoza Gilchrest Lee resolution, as amended, was agreed to. parliamentary inquiry. Carnahan Gillibrand Levin The result of the vote was announced The SPEAKER pro tempore. The gen- Carney Gingrey Lewis (CA) tleman will state his parliamentary in- Carter Gohmert Lewis (KY) as above recorded. Castle Gonzalez Linder A motion to reconsider was laid on quiry. Castor Goode Lipinski the table. Mr. ABERCROMBIE. Will time be al- Chabot Goodlatte LoBiondo Stated for: lowed on the Democratic side of the Chandler Gordon Loebsack aisle in opposition? Clarke Granger Lofgren, Zoe Mr. TIAHRT. Mr. Speaker, on rollcall No. Clay Graves Lowey 119, I was unavoidably delayed. Had I been The SPEAKER pro tempore. Each of Cleaver Green, Al Lucas present, I would have voted ‘‘yea.’’ the managers controls 30 minutes. Clyburn Green, Gene Lungren, Daniel f Mr. ABERCROMBIE. Will time be al- Coble Grijalva E. lotted on the Democratic side of the Cohen Gutierrez Lynch PERSONAL EXPLANATION Cole (OK) Hall (NY) Mack aisle for opposition? Conaway Hall (TX) Mahoney (FL) Mr. DENT. Mr. Speaker, on rollcall Nos. The SPEAKER pro tempore. The Conyers Hare Maloney (NY) 117, 118 and 119, I was detained at a meet- time is not allocated on the basis of Cooper Harman Manzullo Costa Hastings (FL) Marchant ing with firefighters and missed the votes. Had the attitude of Members towards the Costello Hastings (WA) Markey I been present, I would have voted ‘‘no’’ on measure. The gentlewoman from Ohio

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1516 CONGRESSIONAL RECORD — HOUSE March 11, 2008 will control the time on her side of the ethics reforms this House has ever independent, bipartisan office of con- aisle. seen. gressional ethics. The words ‘‘inde- Mr. ABERCROMBIE. Parliamentary Mr. Speaker, the issue of ethics and pendent’’ and ‘‘bipartisan’’ are worth inquiry. accountability has long been on the stressing. The SPEAKER pro tempore. The gen- minds of the people that I represent. We may hear today about the desire tleman is recognized. During my campaign to become a of some who want to delay action on Mr. ABERCROMBIE. Can the Speak- Member of this esteemed body, every- this important measure, but the Amer- er inquire of the gentlelady whether where I went, people asked about it. ican people have waited and waited, time will be given in opposition on the They believed and, Mr. Speaker, they and this bill has been a long time in Democratic side of the aisle? were absolutely right, that the corrup- the making. This bill was made nec- The SPEAKER pro tempore. The gen- tion and unfair influence that existed essary by abuses of the past that have tleman may ask the manager for time. in past Congresses was having an effect robbed the public of their faith and Ms. SUTTON. Mr. Speaker, I yield on our policies, deflecting us from trust in this institution, and this new myself such time as I may consume. making progress on issues important bill was made possible by the commit- Mr. ABERCROMBIE. Mr. Speaker, I to them and families across this great ment of this new Congress to ensure am under the impression that a ques- Nation. that we will do what it takes to pre- tion has been directed to the So last year, Mr. Speaker, on my vent the excesses and abuses of the gentlelady. first day in office representing the peo- past and hold those who violate the The SPEAKER pro tempore. Does the ple of Ohio’s 13th District, I was very rules accountable. gentlewoman yield for a parliamentary proud to stand on the floor of the Safeguarding the trust of the Amer- inquiry? House of Representatives to support ican people is not a part-time job. The Ms. SUTTON. If there is time avail- the new ethics and reforms integrity of this institution and the able, we will entertain that. which have now become law. We ended trust of the American people must be Mr. ABERCROMBIE. That’s my ques- the K Street Project and cut off the paramount. And make no mistake, we take this step not only to restore the tion, Mr. Speaker. gifts and the perks used far too often public trust, we must take this step to The SPEAKER pro tempore. Will the by lobbyists to woo lawmakers. The ensure that we will be an institution gentlewoman yield for a parliamentary historic rules package we passed was worthy of that trust. That’s why we’re inquiry to the Chair? extraordinary in its scope and breadth. acting today. The American people are Ms. SUTTON. Yes. But it was only the beginning of ac- waiting. I urge my colleagues on both Mr. ABERCROMBIE. Will time be tions necessary to restore the public sides of the aisle to join in support of made available on the Democratic side trust and to cut off the abuses of re- this resolution. in opposition? cent years. Mr. Speaker, trust is a fragile thing. Mr. Speaker, I reserve the balance of Ms. SUTTON. If there is time re- my time. maining that hasn’t already been as- It’s difficult to win and easy to lose. It finds its hold on promises kept and Mr. DREIER. Mr. Speaker, I thank signed or requested, we will certainly my friend for yielding me the cus- not preclude opposition. honesty sustained and unquestionable integrity. tomary 30 minutes, and with that, I Mr. ABERCROMBIE. Does any time yield myself such time as I might con- remain? Many of us, Mr. Speaker, came to this new Congress as new Members sume. Ms. SUTTON. We’re working on the (Mr. DREIER asked and was given dedicated to acting to change the way list. permission to revise and extend his re- business was being conducted. In May Mr. ABERCROMBIE. Mr. Speaker, marks.) of last year, I stood side by side with that’s nonresponsive. Mr. Speaker, I Mr. DREIER. Mr. Speaker, as legisla- my freshman Democratic colleagues, have permission to ask, and I’m trying tors there can be no issue of more fun- some of whom we’ll hear from today, to get an answer. That’s certainly fair. damental importance than the calling for the creation of a non- Will there be time or not? strength and the integrity of our insti- partisan and independent body that Ms. SUTTON. Mr. Speaker, I can’t tution. None of our work here, none of could initiate and examine ethics in- guarantee the time. our legislative or political priorities vestigations. And today, we are acting Mr. ABERCROMBIE. And this is matter if we don’t have the integrity to make this change happen. and the trust of the people that are about ethics. With this bill, we continue the mis- Ms. SUTTON. Mr. Speaker, I reclaim necessary to be an effective body. sion of pushing back against corrup- The Founders of our Republic, the my time. tion. We are forging ahead to restore The SPEAKER pro tempore. The gen- authors of our Constitution, were well trust and confidence in this great insti- aware of the inherent challenges in tlewoman from Ohio has the time. tution. Mr. ABERCROMBIE. Mr. Speaker, making government fully accountable. Mr. Speaker, House Resolution 895 They understood human nature and the parliamentary inquiry. will help end the culture and abuses The SPEAKER pro tempore. The gen- pitfalls that go with investing power in that have hurt the American people, individuals. tleman is recognized. both in policy and in spirit. This legis- Mr. ABERCROMBIE. I want to make lation is the culmination of hard work b 1930 sure I understand. of Representative CAPUANO and the spe- After all, Madison famously wrote in The SPEAKER pro tempore. Pardon cial task force on ethics enforcement. Federalist 51: ‘‘But what is government the Chair, The gentleman is not recog- He deserves our appreciation. itself but the greatest of all reflections nized. The gentlewoman has reclaimed Speaker PELOSI and Majority Leader on human nature? If men were angels, her time and does not yield for a par- HOYER also deserve praise for their no government would be necessary. If liamentary inquiry. tireless efforts to move this issue for- angels were to govern men, neither ex- Mr. ABERCROMBIE. Will the ward, sometimes in contentious times. ternal nor internal controls on govern- gentlelady yield? The independent ethics panel will help ment would be necessary. In framing a Ms. SUTTON. Mr. Speaker, I reclaim cure many of the inherent structural government which is to be adminis- my time. flaws that restrain our present ethics tered by men over men, the great dif- The SPEAKER pro tempore. The gen- structure by eliminating the conflicts ficulty lies in this: You must first en- tlewoman does not yield. The gentle- of interest that can be found in our able the government to control the woman is recognized. current system. The formation of this governed; and in the next place oblige Ms. SUTTON. Mr. Speaker, H. Res. office is the next step in our mission to it to control itself.’’ Those were the 1031 provides for the adoption of H. repair the damage to the public trust brilliant words of the Father of our Res. 895, which establishes an Office of caused by corruption and to ensure Constitution. Congressional Ethics in the House of that any potential abuses in the future Our Founders recognized, Mr. Speak- Representatives. I rise in support of will be identified and addressed. er, these challenges and knew the an- this important rule that will allow us And it’s important to emphasize, Mr. swer was to empower institutions rath- to enact one of the most important Speaker, that our bill establishes an er than individuals. They knew that

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1517 the House of Representatives, like all proposal, a bipartisan proposal; but it lems in our current system and accepts government institutions, must have was disregarded as well. Instead, we are responsibility, as the Constitution di- the authority and the imperative to back here confronting essentially the rects us to, for our own ethics process. preserve its integrity and to punish same deeply flawed proposal that was With that, I reserve the balance of those individual Members who would yanked from the schedule a couple of my time. tarnish its reputation, diminish its weeks ago. Ms. SUTTON. Mr. Speaker, I would stature, and erode its ability to serve They may have put lipstick on that like to state again, as I did a few mo- as the representative of the people. pig, but it is still a pig, Mr. Speaker. ments ago, that we are going to hear, They gave explicit constitutional au- This proposal still sets the stage for evidently today, about the desire of thority to do so. As we all know, Arti- partisan witch hunts. It may take bi- some to delay action on this important cle II, section V, clause 2 of the Con- partisan support to initiate investiga- measure. And I just restate that the stitution directs Congress to ‘‘deter- tions, but they can be advanced purely American people have waited and wait- mine the rules of its proceedings, pun- on partisan lines. So at the very begin- ed. And this bill has been a long time ish its members for disorderly behav- ning, when little information is known, in the making. ior, and, with the concurrence of two- bipartisanship is called for. But once I yield 6 minutes to the distinguished thirds, expel a member.’’ the process begins, the flood gates for gentleman from Massachusetts (Mr. Ultimately, Mr. Speaker, they knew partisan attacks are wide open. The CAPUANO), the chairman of the Special that the most important guarantor of minor modifications made to the origi- Task Force on Ethics Enforcement. accountable and trustworthy govern- nal proposal do nothing more than at- Mr. CAPUANO. Mr. Speaker, I actu- ment is democracy itself. No individual tempt to obfuscate the utterly partisan ally find very little in Mr. DREIER’s Member of Congress ever acts with im- nature of the proposed Office of Con- comments I disagree with. I agree with punity because we are judged every 2 gressional Ethics. almost everything he has said, and I years by the people who sent us here. As we have seen countless times commend him for that very thoughtful And, of course, no one is above the law. under the Democratic leadership, a bad speech. As we speak, there are former col- proposal demands a draconian process Mr. Speaker, before I comment on leagues of ours serving time in jail for to get it through. And the worse the the specifics, I’d also like to thank the their abuses of the offices that we hold. proposal is, the worse the process needs members of the task force, especially Outside watchdog groups, the media, to be. We’ve seen an explosion of closed Mr. SMITH, who was the ranking mem- individual voters and our criminal jus- rules in this Congress. And what does a ber for Republicans. It was a great op- tice system are all working, and work- closed rule do? It severely restricts de- portunity to become a friend of an- ing quite effectively, to shed some bate and shuts out all amendments. other Member. We did disagree in the light on this body and ensure Members This has become the go-to rule for this end, but I found it to be a very are held accountable. new majority. And that’s as bad as it thoughtful, fruitful, and enjoyable ex- Externally, Mr. Speaker, the pressure could possibly get. Right? There is perience. is on. The problem is how to deal with nothing worse that they could do than I also want to thank other members accountability internally; how do we to shut out all amendments and alter- of the committee: Mr. PRICE, Mr. fulfill our constitutional imperative to natives. Right? SCOTT, Ms. MCCOLLUM, Mr. Meehan be- police ourselves and preserve the integ- I used to think so until this point, fore he left, Mr. HOBSON, Mr. CAMP, and rity of this body. Our current process is until we saw this rule. This one abso- Mr. TIAHRT. I thought we had some broken. It’s hamstrung by two key lutely takes the cake, Mr. Speaker. In great meetings, and it was a pleasure problems: partisan deadlock and a lack case you missed it when the Clerk read to me to engage in this endeavor. of transparency. This a serious chal- it, and allow me to repeat it, pay at- I also want to thank the Members of lenge. It is so serious that some Mem- tention or you will miss it again: ‘‘Re- the freshman class of 2006. They’re the bers of this body apparently feel that solved, that House Resolution 895, as ones who really kept the pressure on us we are not up to the job. amended by the amendment printed in to try to fix our ethics rules. They A task force was established to con- the report of the Committee on Rules came here on the backs of public dis- sider the question of whether we should accompanying this resolution, is here- content with our actions, and they just throw up our hands, concede that by adopted.’’ That’s what the resolu- have kept our feet to the fire. I thank we are not capable of fulfilling our con- tion says. This rule actually provides them for that. stitutional duty to police ourselves and for passage of the underlying proposal I also want to thank the many people set up another body to do it for us. without so much as one single word of that helped us walk through this. This was a dubious task to begin debate on this proposal. They simply There are many people whom I will list with, but I believe that it was tackled declare it into existence. No debate, no in my extension of remarks at a later with all sincerity and commitment. vote. A closed rule may shut out dis- time because there are too many of Mr. CAPUANO and Mr. SMITH took on sent, but this rule eliminates delibera- them. I do want to point out one staff the role assigned to them and very tion altogether. member, in particular my own, Chris- carefully considered the question. But Before this Congress even began, our tina Tsafoulias, who worked countless the breakdown came when it was time distinguished Speaker, my fellow Cali- hours trying to get through this. I to make its recommendation. fornian, committed to ‘‘the most hon- want to thank her publicly for that. The proposal put forth by Mr. est and open government,’’ has man- On the specifics, again I think I agree CAPUANO, which ignores the real prob- aged to stoop to unprecedented lows in with most everything Mr. DREIER said. lem of a broken, internal ethics proc- closed, inaccessible government that This is really all about public trust, ess, and in fact exacerbates the prob- operates purely on back-room deals but the point that seems to be missed lem by adding a new partisan outside with no place for open, honest debate. is the public does not trust us on ethics body, was not endorsed by his Repub- And for what purpose? To ram through issues at this point. Maybe that’s fair. lican counterpart. It met immediate a policy so bad it has been widely and Maybe that’s unfair. Maybe it’s based criticism on both sides of the aisle. The heavily criticized by both Democrats on reality. Maybe it’s based on percep- Democratic leadership had no choice and Republicans. A policy to turn our tion. But it is a fact. They do not trust but to pull it. ethics process into nothing more than us. They don’t trust us for many dif- Now, Mr. SMITH offered a very cheap partisan games and a policy of ferent reasons. As I see it, I can point thoughtful alternative, and we were abandoning our constitutional impera- to two different issues in particular: told that consideration of Mr. tive to police ourselves and ensure the the perception of the good-ol’-boy net- CAPUANO’s proposal was being post- integrity of this great institution. This work. Now, maybe that’s not fair, but poned in order to work with Mr. SMITH is terrible policy, brought to us by a it’s certainly what our constituents and consider his suggestion. That bi- singularly terrible rule. think. They think we are all here pro- partisan negotiation, to my knowledge, I urge my colleagues to reject the tecting each other. They think that we Mr. Speaker, never took place. Mr. rule and demand real ethics reform operate beyond closed doors and WAMP and Mr. HILL also submitted a that actually addresses the root prob- smoke-filled rooms to make sure that

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1518 CONGRESSIONAL RECORD — HOUSE March 11, 2008 no bad things get said about our col- have welcomed anybody to come to any of the house, and it is no impeachment of the leagues. I don’t think that is true, but of our meetings and participated at rule to say that some other way would be that’s certainly the perception. When any time they wanted to have the better, more accurate or even more just. It is hours-on-hours of discussion. At the no objection to the validity of a rule that a people don’t have trust in the system, different one has been prescribed and in force they don’t have trust in us, and I think same time, this is a pretty simple pro- for a length of time. The power to make that’s an important thing to address. posal. I know some people don’t like rules is not one which once exercised is ex- The other part of it, as was already the concept of an independent entity hausted. It is a continuous power, always pointed out, is transparency, or the having something to do with our ethics subject to be exercised by the house, and lack thereof. That encourages people to process. I respect that opinion. I dis- within the limitations suggested, absolute think that the good-ol’-boy network is agree with it, but I respect it. It is a and beyond the challenge of any other body all that we rely on. As far as partisan- fair concern. At the same time, that’s or tribunal. When there are interpretative and defini- ship, I totally agree. Any system that what this is. tional ‘‘gaps’’ in language of constitutional results in partisanship on ethics mat- An up-or-down vote on that, I think, provisions, for example, the courts have al- ters is unsuccessful. But partisanship is a fair thing for the American people lowed each House to fill in the details of has two points: yes, there is partisan- to let them know how we feel about such constitutional provisions regarding its ship to initiate witch hunts, and that is this concept. internal procedures. As noted by the Su- a concern, I believe, this proposal ad- The material I referred to previously preme Court in the case regarding the proce- dresses that by requiring joint appoint- I will insert into the RECORD at this dure that the Senate adopted to carry out its point. constitutional duties to ‘‘try’’ impeachment ments and by requiring one Democratic cases: ‘‘As a rule the Constitution speaks in appointment and one Republican ap- CONGRESSIONAL RESEARCH SERVICE, Washington, DC, March 4, 2008. general terms, leaving Congress to deal with pointment to initiate a review. It to- subsidiary matters of detail as the public in- MEMORANDUM tally undermines any legitimate con- terests and changing conditions may require cerns about partisanship witch hunts. Subject: Permissibility of Non-Members ***.’’ The Supreme Court in Nixon v. But the other side of the coin that Being Appointed to a Committee of the United States, thus deferred to the institu- House of Representatives. nobody here wants to talk about is the tion of the Senate in its determination under From: Jack Maskell, Legislative Attorney, its own rules of proceeding as to the method potential for partisan stonewalling, American Law Division. that the Senate uses to ‘‘try,’’ as required by which we have suffered in this House in This memorandum responds to requests the Constitution, an impeachment of a fed- the past where one party simply says, from congressional offices for a brief over- eral judge. Specifically, the Court deferred You cannot look at our Member. Pe- view of the permissibility and constitu- to the judgment of the Senate to use only a riod. End of discussion. And if you do, tionality of allowing the House to appoint small portion of the entire membership of we will remove Members from the Eth- non-Members, that is, persons who are not the Senate body, in the form of a committee, ics Committee who look at that Mem- current Members, Delegates, or Resident to actually hear and take the evidentiary ber, which has happened in this House, Commissioner, to a committee of the House testimony (and then to report to the full of Representatives, with full voting privi- Senate which votes to convict or not on the and everybody knows it. leges in committee. Although the House of impeachment), since there was a ‘‘textual And to think that partisanship is Representatives has extensive authority and commitment to a coordinate political de- only a one-sided witch hunt is a mis- discretion concerning its own internal pro- partment’’ of the matter in the Constitution. take. Partisanship is also stonewalling. ceedings and rules, the Constitution requires The courts have thus recognized the au- It’s also protecting our fellow col- that Members of the House be elected every thority of committees, and have allowed the leagues who may or may not have done two years by the people of the several states, committees broad investigative and over- something wrong simply because they and thus a rule which would allow persons sight authority, for example, because com- who are not elected to the House to carry mittees of the House act as the House for come from the same party as we do. out the constitutional functions of the House those purposes that are expressly delegated That’s just as wrong as partisan witch of Representatives through full voting mem- to those committees by the Rules of the hunts, and I believe this proposal ad- bership on one of its committees would raise House (and have only those authorities and dresses that as well. constitutional questions. powers that are in fact delegated from the I also want to comment on the two Each House of Congress generally has full institution). The Supreme Court has rec- proposals that were dropped on us late- broad authority to determine its own inter- ognized the House’s ‘‘utilization of its com- ly. One of them had been in one form or nal, procedural rules, and to establish those mittees’’ to carry out a ‘‘legislative function another for a while; but both of them, procedures and internal structures within belonging to it under the Constitution.’’ the body to assist in implementing the insti- in their final form, were dropped on us Since the committees act as and on behalf of tution’s constitutional duties. Under Article the House pursuant to its Rules, are crea- lately. I will simply tell you that, yes, I, Section 5, cl. 2 of the Constitution, which tures of the House, and are in legal and ac- we did look at them; and I have an grants to each House the express authority tual essence a division or sub-entity of the opinion here which I will submit to the to ‘‘determine the Rules of its Proceedings entire institution (carrying out and exer- RECORD from the Congressional Re- ***,’’ the institution of the House, within cising the constitutional functions of that search Service and one from the House the framework of express constitutional re- institution delegated to them), there is a counsel that states by bringing non- quirements, has broad discretion concerning very strong indication that such committees Members into a Member-oriented item its own internal operations and functionings exercising such functions may generally be as befits a legislative assembly which is an composed only of Members of the House. to have official votes on matters in independent, co-equal branch of government Article I, Section 2 of the Constitution pro- this House is likely to be unconstitu- under our tripartite governmental system of vides that Members of the House must be tional. separated powers. Under this authority, the elected every two years by the people of the Now, I know that some people don’t courts have traditionally given deference to several States. Membership in the House, want to hear it, and certainly it won’t the explication, application, and definition and by extension on committees acting for be definitive until the Supreme Court of internal procedural matters in both the House, would thus appear to require that were ever to act on it, but there is all Houses of Congress. As noted by the Supreme a Member be elected by the people of the sev- of these constitutional questions on ev- Court in United States v. Ballin: ‘‘The ques- eral states. In a brief review of legal sources, erything we do. I, for one, am a lawyer. tion, therefore, is as to the validity of this we have not discovered any precedent where rule, and not what methods the Speaker may non-Members of the House have been mem- I try to figure out how unconstitu- of his own motion resort to * * * Neither do bers of a House committee with full privi- tional an issue might be; and if the an- the advantages or disadvantages, the wisdom leges and votes similar to any Member of the swer is it’s more likely to be unconsti- or folly, of such a rule present any matters House, and thus we have found no judicial tutional than not, I won’t do it. If the for judicial consideration. With the courts decisions and rulings on its permissibility, answer is I think it’s constitutional, the question is only one of power. The Con- other than in the case of the elected dele- you try it. If it gets knocked down in stitution empowers each house to determine gates or resident commissioners in the court later on, so be it. its rules of proceedings. It may not by its House. In Michel v. Anderson, the United So these two proposals, according to rules ignore constitutional restraints or vio- States Court of Appeals, District of Colum- late fundamental rights, and there should be bia Circuit, found that there exists what one two independent agencies we could get a reasonable relation between the mode or might describe as an ‘‘historical exception’’ direct answers on quickly, believe that method of proceeding established by the rule to the general constitutional proposition it’s unconstitutional. and the result which is sought to be at- that the House must only be made up of As far as the rule goes, I have had a tained. But within these limitations all mat- Members elected from the several states, and year’s worth of debate, and I would ters of method are open to the determination that exception, recognized in law from the

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1519 very first Congress (1 Stat. 50, 52 (1789)), was part by one of its committees made up of its During our work on the special task that people in territories and districts under own Members, and thus something more force on ethics enforcement, Repub- the jurisdiction of the United States could than merely the ‘‘symbolic act’’ which was lican Members consistently voiced our have a non-voting delegate or commissioner the subject of the Michel v. Anderson case. in the House (that is, that such delegate may A committee of the House, such as the opposition to creating an ineffective, not vote on legislation on the floor) to ‘‘rep- House Committee on Standards of Official redundant, and duplicative committee. resent’’ them: ‘‘The territorial delegates, Conduct, could clearly employ staff to assist The Constitution explicitly states that representing those persons in geographic the committee in carrying out its functions, the House is solely responsible for pun- areas not admitted as states, then, always and could use an ‘‘outside counsel,’’ an advi- ishing its Members for disorderly be- have been perceived as would-be congress- sory committee, or ‘‘task force’’ made up of havior. Creating an Office of Congres- men who could be authorized to take part in non-Members (and even including on its sional Ethics calls into question our membership some sitting House Members) to the internal affairs of the House without constitutional duties to discipline our being thought to encroach on the privileges assist the committee in its investigative of membership.’’ work, fact-finding, and even recommending own Members. Such non-voting representatives, in the to the Committee that it take certain action Let me take a minute to point out form of elected delegates from the territories on matters. However, it may be argued that some of the absurd provisions in the and districts not admitted as states, have in under existing decisions and precedent, al- Democrat proposals. practice sat on House committees, and could, lowing persons who are not elected as Mem- according to the court, if authorized by the bers (or as delegates representing persons b 1945 House, vote in the ‘‘Committee of the under the jurisdiction of the United States First, board members of the so-called Whole’’ (but only if their vote was not the in geographic regions that are not states) to Office of Congressional Ethics would be be full voting members of a House com- determinative vote), but could not vote on appointed to 4-year terms, yet the legislation on the floor. mittee exercising the constitutional func- However, the court in Michel v. Anderson tions of the House delegated to it could, in House reassembles itself every 2 years expressly noted that this historical excep- the words of the U.S. Court of Appeals, ‘‘en- and must renew its internal rules on a tion for territorial delegates was limited, croach on the privileges of membership.’’ biennial basis. and noted, in dicta, that such exception and JACK MASKELL Second, reviews by the board would permission for territorial delegates to par- Legislative Attorney. advance on tie votes. This is undemo- ticipate in certain internal matters in the cratic and runs contrary to our entire From: John Filamor. House could not be extended or applied to system of majority government. allow the House to adopt a rule putting Sent: March 5, 2008. other non-Members on House committees: To: Christina Tsafoulias Third, when board reviews are con- ‘‘The appellees, for their part, forthrightly Subject: H. Res. 1003 cluded, the findings are referred to the concede that the House could not permit per- CHRISTINA: You asked whether H. Res. 1003 Ethics Committee for further action. sons other than the traditional delegates to (110th Cong.)—which would, among other This puts us right back to the failed perform the role currently played by the del- things, alter the House Rules to give four system in which we find ourselves egates. It would, thus, not be open to the former Members of the House voting rights on the Committee on Standards of Official today. House to authorize by rule, say, the mayors Quite frankly, the most glaring fail- of the 100 largest cities to serve and vote on Conduct—raises any constitutional concerns. House committees.’’ While we cannot give you a definitive answer ure of the Democrats’ proposal is that In the case of allowing persons not elected as to the constitutionality of H. Res. 1003, it does nothing to address the problems as Members of the House to be full voting the proposal to vest former Members of the inherent to the Ethics Committee. members of a committee of the House, such House with full voting rights on a standing Rather than adding a layer of bureauc- as in certain proposals concerning the House committee of the House that is responsible racy, ethics reform should address the Committee on Standards of Official Conduct, in the first instance for carrying out the au- problems plaguing the Ethics Com- thority vested in the House by article I, sec- the precedent of allowing territorial dele- mittee. I support measures that reform gates to participate in certain internal proc- tion 5, clause 2—the Discipline Clause—cer- esses of the House, including voting in com- tainly raises very substantial constitutional the Ethics Committee by creating mittee, may be distinguished on three basic questions for all the reasons set forth in greater bipartisanship, transparency, grounds. First, there is historical precedent Jack Maskell’s March 4, 2008 memorandum and accountability in the investiga- recognized from the first Congress for the (‘‘Permissibility of Non-Members Being Ap- tions process. people of territories and districts, not recog- pointed to a Committee of the House of Rep- We should require that all Members nized as states, to have some limited, non- resentatives’’) We think those constitutional appointed to the Ethics Committee be voting representation in the House. In the questions are heightened somewhat by the fact the Standards Committee has, in addi- chosen jointly by the Speaker and mi- proposals seeking to add non-Members to the nority leader to end partisan gridlock. standing House Committee on Standards of tion to its authority to investigate and rec- Official Conduct, no such purpose of rep- ommend disciplinary action to the full We should also mandate monthly sta- resentation of persons in geographic regions House, the authority under current com- tus reports by the committee on pend- under the jurisdiction of the United States is mittee rule 24(c) to, on its own, issue a ‘‘Let- ing investigations. The Republican pro- provided, intended, or accomplished. Sec- ter of Reproval or take other appropriate posal would implement these and other ondly, as discussed above, the court noted in committee action.’’ However, we do not be- important changes, but the Rules Com- its opinion that this historical permission lieve that the elimination of that particular authority from committee rule 24(c) would mittee blocked consideration of our for territorial delegates, provided by law, to eliminate the constitutional questions that proposals. participate in certain House proceedings, H. Res. 1003 raises. Mr. Maskell notes in his My fellow Members, we must reform was a limited exception, and would not open memo that ‘‘[s]ince the committees act as the House ethics process and restore a the House to ‘‘authorize by rule’’ the addi- and on behalf of the House pursuant to its tion of other persons (such as mayors of cit- sense of public confidence and account- Rules . . . there is a very strong indication ies) ‘‘to serve and vote on House commit- ability in this institution. The Demo- that such committees exercising such func- tees.’’ Finally, the court noted that the vot- crats’ bill does neither. I hope you will tions may generally be composed only of ing of a territorial delegate, even in a House Members of the House.’’ join me in voting down this flawed par- committee or in the ‘‘Committee of the JOHN FILAMOR, tisan proposal. Whole’’ (with the revote provision), is Office of the General Counsel, Ms. SUTTON. Mr. Speaker, at this ‘‘largely symbolic’’ because the vote could House of Representatives. time, it is my pleasure to yield 2 min- not immediately affect legislation, such as a utes to the distinguished gentleman, vote on legislation on the House floor would. Mr. DREIER. Mr. Speaker, I am The duties and authority of the House Com- happy to yield 2 minutes to a hard- my colleague from Ohio (Mr. SPACE). mittee on Standards of Official Conduct to working member of this so-called bi- Mr. SPACE. I thank my colleague both recommend the discipline of a Member partisan task force on ethics reform, from Ohio for yielding time. directly to the House, and to issue a ‘‘letter my friend from Michigan (Mr. CAMP). I would like to thank my colleague of reproval’’ on its own accord, upon the req- Mr. CAMP of Michigan. Mr. Speaker, from Massachusetts (Mr. CAPUANO) for uisite number of the votes of its members, I rise in strong opposition to the Demo- his diligent work under very difficult may be seen as part of the express constitu- crats’ flawed ethics proposal. This bill circumstances for months on end. It tional authority of the House under Article was difficult for Mr. CAPUANO because I, Section 5, cl. 2, to ‘‘punish its Members for would actually weaken ethics enforce- disorderly Behaviour.’’ As such, these activi- ment in the House by adding an unnec- many Members of this House did not ties might be considered part of the direct essary and even unconstitutional layer believe that this resolution is nec- and express constitutional function of the of bureaucracy to an already failing essary, despite what Mr. CAPUANO has House, delegated to and exercised in some ethics process. referred to tonight as a problem with

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1520 CONGRESSIONAL RECORD — HOUSE March 11, 2008 public perception and a lack of trans- lowed to be considered. No amendment Mr. Speaker, I think we’re on the parency. The Members of this House, may be offered. No respect, Mr. Speak- precipice of an historic step forward in many of them, still do not get it. er, is offered to the concerns expressed restoring the people’s faith in this in- Our current ethics process is filled by both Democrat and Republican stitution, but I understand how dif- with flaws: the conflicts of interest Members of this House. ficult this is to talk about. And giving exist; only Members can file com- Mr. Speaker, in 2005, at the beginning the minority the benefit of the doubt, plaints; the public is left in the dark of the 109th Congress, Democrat lead- maybe that’s why this House sat idly regarding investigations. We haven’t ers decried House rule changes that by for 12 years with no real major re- been very good at policing ourselves. were written only by Republican lead- forms to a very broken process. This resolution is necessary because, as ers. Democrats demanded bipartisan- But it’s tough to talk about because Mr. CAPUANO mentions, the American ship and a fair say in the rules that it’s not just about a broken process, public has lost faith in the institution governs the ethics of House Members. it’s about human nature. It’s tough to of Congress, and we ignore that loss of Democrats weren’t given any say then, talk about the failure of our ethics faith at our own peril. and those one-way changes to the rules process because we’re talking about I come from one of those districts were ultimately reversed during the the fallibility of all of us. It is against that has been referenced as one that 109th Congress. It is now 3 years later, human nature, frankly, to rat out your sent a freshman here on the backs of and the same Democrat leaders have friends, to investigate them, to punish public discontent. The people that I abandoned their calls for bipartisan- your colleagues. And so that’s why you represent back in Ohio’s 18th under- ship and are refusing to work across can’t just change people’s perception of stand all too well the perils of public the aisle to make bipartisan improve- this place. You just can’t fix the ethics betrayal. ments to the ethics process. process by tweaking the process that We have an obligation to restore the Mr. Speaker, Republicans were wrong exists now. You have to admit the in- public trust. We started that last Janu- to do it in 2005 and Democrats are herent fallibility of the ability for all ary with ethics legislation that helped wrong doing it today. In fact, since the of us to police ourselves and give that sever the link between lobbyists and new Democrat majority took office a power to an independent body. legislators. We need to continue with little over a year ago, this House has The cat is out of the bag, people fig- that movement today by looking at already had to go back twice and cor- ured this out long ago. There are too ourselves, by looking inward and cre- rect poorly written rules that Demo- many Members that have violated the ating a system that is nonpartisan, but crats passed without any input from public trust, and they’ve watched too is independent, and that will vet, ini- Republicans. In both instances, Mr. many other Members sit idly by. tiate, and conduct investigations. This Speaker, Democrat-written rules that Now, I, frankly, agree with my col- resolution does that. It represents a the House had to go back and fix were league Representative SPACE that this good start. I am proud to have worked ethics rules. proposal could have been even a little on it with my fellow freshman col- The House should learn from the mis- bit stronger with the addition of sub- takes of the past several years and not leagues, Mr. HODES as well as Mr. MUR- poena power, but this is a major step doom ourselves to repeat history by PHY, who will be offering support forward and we should all support it. failing to insist that ethics changes be today, as well as many others. There is a generation of young people done in a bipartisan way. For the eth- Quite simply, Mr. Speaker, the public out there who stand on the precipice of ics process to work, bipartisanship is is fed up with the status quo. They losing all complete faith in govern- vital. Without bipartisanship, the proc- want Members who break the rules to ment and in this institution. Tonight ess will fail. be investigated and brought to justice. Bipartisanship is not always easy, we have the chance to do right by them My esteemed colleague from California but it is absolutely necessary for the by correcting the mistakes of the past. today referenced that none of what we legitimacy of the entire ethics process. I thank Mr. CAPUANO and the task do matters if we do not have the trust Without bipartisanship, the process de- force for their hard work here, and I of the public. This resolution helps re- generates into politically motivated urge passage of the rule. store that trust. I urge its support. actions, or witch hunts. Mr. DREIER. Mr. Speaker, I’m happy Mr. DREIER. Mr. Speaker, at this This proposal is not a good proposal, to yield 5 minutes to my very good time I am happy to yield 4 minutes to and no one, Mr. Speaker, is more dis- friend, the gentleman from San Anto- my friend from Pasco, the former appointed than I. Because Members of nio, the Republican leader of this im- chairman of the Committee on Stand- the Ethics Committee are asked to do portant task force, Mr. SMITH. ards of Official Conduct, the present an unwelcomed job. We do it by the Mr. SMITH of Texas. I want to thank ranking member, Mr. HASTINGS. rules of the House. And by the rules of my friend from California, the ranking Mr. HASTINGS of Washington. I the House, we must remain silent, even member of the Rules Committee, for thank my friend from California for when subjected to relentless and often yielding me time. yielding. inaccurate criticism and attacks on Mr. Speaker, at the outset I want to Mr. Speaker, while I am constrained our actions. recognize the dedication and focus that by confidentiality rules in speaking So, Mr. Speaker, improve the ethics Representative CAPUANO, the chairman about the current work and past ac- process. Improve the ethics ability to of the Ethics Task Force, has dem- tions of the Ethics Committee, I want police its Members. Improve our abil- onstrated throughout this process. We to clearly state today that I believe the ity to provide timely information to know the best of intentions underly his current rules and structure of the eth- the American people. Improve the bi- desire and the desire of all Ethics Task ics process should and need to be im- partisanship that is central to the abil- Force members to enhance the integ- proved. ity of the ethics process to function. rity of the House of Representatives. The procedures of the Ethics Com- But, Mr. Speaker, for the sake of this While this proposal is marginally im- mittee are not perfect, and I firmly be- institution and for ensuring an ethics proved over the first proposal, it still lieve this House should make modifica- process that will function properly, do contains flaws that make it defective. tions to those procedures to better pro- not act in a partisan way by supporting The fundamental flaw of the proposal tect the integrity of the House and the a proposal written solely by one party. is that it fails to reform the House Eth- faith of the American people. However, Oppose this proposal and demand bipar- ics Committee itself. The creation of Mr. Speaker, this House must act care- tisan improvements to the entire eth- another ethics entity would be an ad- fully and deliberately in making any ics process. mission of the failure of the Ethics improvements, and it must be done in Ms. SUTTON. Mr. Speaker, I yield 2 Committee. a bipartisan way. Mr. Speaker, that is minutes to the distinguished gen- Americans rightly feel the ethics not happening. tleman from Connecticut, my freshman process simply does not work. They do No consideration of a bipartisan re- colleague, Mr. MURPHY. not know when ethics investigations form proposal is permitted on the floor Mr. MURPHY of Connecticut. Thank are started; they do not know the sta- tonight. The House floor is shut down you very much, Representative SUT- tus of those investigations, and they do to any debate. No alternative is al- TON. not know whether a partisan deadlock

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1521 has resulted in stalling an investiga- Ms. SUTTON. Mr. Speaker, I yield 2 of the rules, almost assures that the tion forever. Americans need this minutes to the distinguished gen- Ethics Committee will not work for the knowledge, and that can only come tleman from Indiana (Mr. HILL). remainder of this Congress. This new through reforms to the Ethics Com- Mr. HILL. I thank the gentlelady outside group will become the reason mittee itself that will produce more bi- from Ohio for yielding this time. to wait. It will take 45 or 60 days to partisanship and greater transparency. Mr. Speaker, I rise not to make a rec- reach agreements on people who can But the proposal before us simply adds ommendation to Members on how to serve, if that can be done that quickly. another layer of bureaucracy on top of vote on this bill; I rise to remind Mem- It will take them another 60 days to an already broken system. It creates bers that if they decide to vote this bill get a staff together. Already we’re an entirely new entity that invites yet down, that does not mean that there is clearly outside the ethics process more partisanship under clearly un- no alternative that they can vote for. working in this Congress. democratic procedures. A great deal of talk tonight has been The bill that Mr. HILL just men- This country and the House of Rep- made about bipartisanship, and I think tioned, the bill that Mr. SMITH just resentatives is founded on the principle that’s very important. We need to have mentioned would both be focused on of rule by majority; yet this proposal a bipartisan bill, and we had one. I in- making the process work and work allows ethics inquiries to be initiated troduced legislation last year that now. They both would be focused on en- upon the request of only two out of the would create a new Ethics Committee suring that this process does what it’s six board members. Furthermore, the consisting of former Members of Con- supposed to do. proposal requires ethics investigations gress. This rule not only rushes without any real alternative or debate, but also to go forward even when majority sup- b 2000 port among the board members cannot Members were informed today that last Just a few weeks ago, my good friend be obtained. This is undemocratic. November the bipartisan staff of the from Tennessee (Mr. WAMP) made a The resolution before us today is dif- Ethics Committee asked to evaluate similar recommendation with a few dif- ferent from the original resolution and the concepts behind this bill gave rea- ferences. His recommendation was to includes several changes. One amend- son after reason after reason why they have six members who were former ment to the resolution now provides thought those concepts were flawed, Members and six members who are cur- that the Speaker and minority leader concepts that have not been improved rent Members. I joined with Mr. WAMP, will each nominate three members of by the changes that were made in the and now we have huge bipartisan sup- the board with the concurrence of the last few days. They gave reason after port for a concept that merits a vote. other. Even under such a system, three reason after reason why they thought Now, when I campaigned on this par- board members will have been selected this commission would make the Eth- ticular issue back in 2006, this gained a by the leader of a partisan political ics Committee less likely to be able to great deal of support in my district party. do its job effectively. And we still when I outlined the specifics. This is a rushed, Mr. Speaker, to try to force Another amendment would provide good bill, and I think if you go back to that an investigation be terminated this on the Congress when that infor- the Ninth District in Indiana, they will mation, we now know, has been avail- unless three board members affirma- confirm that this is a good bill. And it tively voted to proceed with an inves- able since November. We got it today. is a bipartisan bill. Let’s for once in I think we ought to give the time for tigation. But if one board member this body act in a bipartisan way. nominated by the Speaker and one the people who work on ethics every As I said, I make no recommendation day to be able to publicly evaluate this board member nominated by the mi- as to how you should vote on this bill. nority leader agreed to initiate an in- concept. But if you decide that you want to de- Ms. SUTTON. Mr. Speaker, at this vestigation, but upon further review ei- feat this bill, there is an alternative. It time I yield 2 minutes to the distin- ther board member decides the matter is bipartisan. It is substantive, and it guished gentleman from New Hamp- should be dismissed, the investigation has subpoena powers. In many ways shire (Mr. HODES). can still proceed with the support of this bill is a better bill because it is a Mr. HODES. I thank the gentle- only those board members nominated stronger bill. woman for yielding. I also thank Mr. either by the Speaker or the minority I urge Members to consider what I CAPUANO for his leadership on this mat- leader. have said, that there is an alternative ter. Not only does this resolution retain out there. It’s not the end of the day. Mr. Speaker, I rise in support of this the undemocratic nature of the resolu- The game is not over. The game can go bill and in strong support of account- tion, it also allows investigations to go on. We can pass a good bill with bipar- ability and transparency in all public forward on a purely partisan 3–3 vote. tisan support. service. This is an open invitation to a partisan Mr. DREIER. Mr. Speaker, at this For years the former congressional free-for-all. As a recent editorial in time I am happy to yield 2 minutes to leadership eroded the faith of the stated bluntly, ‘‘We don’t the distinguished Republican whip, the American people through corruption, deny it’s a gamble.’’ gentleman from Missouri (Mr. BLUNT). dishonesty, and abuse of power. I came Under this proposal, many Members Mr. BLUNT. I thank the gentleman into office pledging to restore the peo- who deserve better could have their for yielding. ple’s trust; and as stewards of the pub- reputations unfairly diminished. A re- Mr. Speaker, 3 years ago at the be- lic trust, we must hold Congress to the cent editorial in newspaper ginning of the 109th Congress, the mi- highest standard and end the abuses of entitled ‘‘Leaking Ethics’’ focused on nority leader, today the Speaker, said the past. this point. It said, ‘‘All it takes is one that the rules of the House should This legislation before us is an im- source to say the Ethics Committee never be changed without bipartisan portant step in restoring the trust of may launch a probe into a Member and cooperation. I think that did not mean the people we serve in this body. It that lawmaker’s reputation will be for- without a bipartisan meeting. It meant puts ethics violations in the hands of ever damaged whether he or she is without a bipartisan effort to reach a an independent, nonpartisan board; and guilty or innocent.’’ conclusion that both sides believed that is the right way to give the Amer- Whether this resolution passes or would improve the ethics process in the ican people the confidence that any not, Congress will survive. But if it House. corruption will be investigated fairly passes, Members should know there is During this Congress, the Ethics and thoroughly. an obvious danger the ethics process Committee has not worked. I don’t I have also stood with my colleagues will become even more partisan and think anybody is going to rise to de- Mr. MURPHY of Connecticut and Mr. that innocent Members will be hurt. bate the other side of that. This out- SPACE of Ohio to cosponsor an amend- I urge my colleagues to oppose the side commission, if it does become part ment that would allow this body to rule on the resolution which invites of the rules tonight, through this rule, have subpoena power in order to give partisanship, undermines democracy, it would have no vote, no amendment, the board the real teeth an outside in- and poses unacceptable risk. no alternative. If it does become part vestigative body should have. In my

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1522 CONGRESSIONAL RECORD — HOUSE March 11, 2008 judgment, I would have preferred that all of us are vulnerable. These groups While the Democrat proposal is flawed in the leadership and the Rules Com- take sides in political battles, and use several substantial ways, its biggest and most mittee had allowed this amendment to any scrap of evidence they can find to glaring failure is that it turns a democratic eth- reach the floor for consideration. In try to press charges against Members ics process into an undemocratic and partisan the fullness of time, I believe we will of Congress. one where justice can be easily denied. Under see the wisdom of giving this new inde- In fact, if you have ever amended the proposal before us today, an investigation pendent ethics body all the tools it your FEC report, there are examples of can he initiated by the action of only two of needs to investigate alleged violation. how they’ve used that as alleged uneth- the six members of the new independent Of- However, even without this added ical charges against Members of Con- fice of Congressional Ethics, OCE. power, I will support this bill because gress. And nothing disqualifies these The legislation also mandates that names of the perfect must not be the enemy of members of outside groups from sitting the two members remain secret and kept from the good. on the OCE as one of six members. the American public and the accused Member Let there be no mistake, Mr. Speak- So we’re all vulnerable by these po- of Congress. An earlier version of this legisla- er. This bill has had bipartisan input, litically motivated people being incor- tion required a majority vote of the new com- and the bill was even pulled from the porated into this whole process to mittee before proceeding to a second-phase floor to make sure that on a bipartisan make sure that all of us have a chance review of the pending matter. However, under basis suggestions for improvement to face charges, whether justified or the version we are debating today, a full- were heard, reviewed, and incor- not. fledged review and investigation may occur porated. Now, just think of your worst critic. without a majority vote of the OCE. This pro- I was sent to Congress by the people They’re out there in the . They’re posal jettisons the basic and fundamental right of New Hampshire to clean up Wash- in the call-in for your newspapers. of democracy and fair play. ington. This legislation may not go all These are the types of folks that you Mr. Speaker, in addition to being undemo- the way, but it goes a long way towards will be confronted with if we allow cratic, this proposal also contains several pro- helping restore trust in the people’s these outside groups to inject them- visions which are most likely unconstitutional House. selves in this process. and therefore unenforceable. The most egre- Mr. DREIER. Mr. Speaker, I would And how will you respond? Well, the gious provision is the creation of the OCE. just say in response to my friend that first thing you will have to do is go out In its 200+ years of existence, Congress bipartisan input has, unfortunately, and hire a lawyer, and those lawyers has never seriously contemplated handing not taken place. The gentleman is to- are about $1,000 an hour; and a min- over one of its most important responsibil- tally incorrect. imum investigation, even when you’re ities—that of regulating and disciplining its And to confirm that, Mr. Speaker, I innocent, is going to a quarter of a mil- own Members—to an outside entity that is un- am happy to yield 3 minutes to a hard- lion dollars. Now, some people don’t accountable to the American people unlike working member of the task force, my mind that. Some have plenty of money elected Members of Congress. friend from Goddard, Kansas (Mr. to burn. But I think a majority of The legislation before us today would do TIAHRT). Members here in this Congress realize just that. However, instead of abdicating our (Mr. TIAHRT asked and was given that even a false charge can bankrupt constitutional responsibility as specified in arti- permission to revise and extend his re- them and force them into a position cle I, section 5 of the United States Constitu- marks.) where they have no financial sub- tion, I propose that our task force goes back Mr. TIAHRT. I thank the gentleman stance. That will happen in this ethics to work—and finds a solution which bridges from California for yielding. bill. our partisan differences while adhering to our Mr. Speaker, I was very excited to be This is just the tip of the iceberg of constitutional obligations. part of this ethics task force. And led how this process got hijacked and how Our Ethics Committee is broken—so why by the able leadership of Chairman this ethics bill is not fair to Members not focus on and fix the problem instead of MIKE CAPUANO and Ranking Member of Congress. It’s unconstitutional. And creating a whole new set of problems that will LAMAR SMITH, I was very hopeful that I think this rule ought to be defeated. only serve to further undermine our ethics we could work in a bipartisan fashion And if you have a single ounce of self- process? If Members of Congress are truly in- to come up with a good, solid ethics preservation, you will vote ‘‘no’’ for terested in repairing our ethics process—if bill. this rule and vote ‘‘no’’ against this un- Members of Congress are truly committed to We held over 30 hearings. We worked constitutional bill. restoring honor and integrity to this House— very hard. And I believed we were on Mr. Speaker, rise today with reluctance and it’s essential that we come together in a bipar- track until about last August. And regret that I am unable to support the House tisan spirit and develop a package that both sometime during last August, the out- rule change before us today. sides can agree upon and support. Unfortu- side special interest groups got to the Exactly 12 months ago I was both honored nately, today’s legislation falls way short of hit- Democrat leadership, and this whole ef- and excited to receive the appointment from ting that mark. fort was derailed. my leader to serve on the Speaker’s Special Mr. Speaker, in addition to abolishing basic And what came out of this was ter- Task Force on Ethics Enforcement. At the rights of democracy and fair play—this pro- rible and I will just give you one spe- time, like my Republican colleagues, I was ex- posal promises to undermine ongoing Ethic’s cific example. This whole thing puts all cited about the possibility of forging together a Committee investigations and will likely im- of us in a vulnerable situation, but in bipartisan piece of legislation that would ad- pede Department of Justice investigations. In this one specific instance there are six dress the fundamental issues that are cur- just one example, this legislation imposes an members appointed to the Office of rently plaguing our ethics system in Congress. unreasonable period of time to investigate un- Congressional Ethics, the OCE, and Under the capable and civil leadership of ethical conduct. there are supposed to be joint appoint- Chairman MIKE CAPUANO and Ranking Mem- Quick and incomplete investigations can ments with the Speaker of the House ber LAMAR SMITH, I was hopeful of what we lead to unjust results—including charging the and the Minority Leader. But there is a could achieve. innocent and letting the guilty off free. It’s im- caveat. If you cannot get an agree- For the past 13 years I have observed the perative that our processes of maintaining the ment, and just hold off for 90 days and House ethics process and came to the conclu- highest standards of ethical behavior supports get your respective appointee in this sion early on that our system was not trans- and complements the House Ethic’s Com- position as one of the six members of parent enough, not efficient enough, and sim- mittee—regrettably, this bill will only under- the OCE. ply not effective. In a word, our system was mine its ability to do its job. Now, why should we be concerned broken. Sadly, today, I am forced to accept On September 26, 2007, David H. Laufman, that this was hijacked by the outside that the Speaker’s Task Force has failed its a former Investigative Counsel for the House groups? These outside special interest mission and has produced a partisan, un- Ethics Committee from 1996–2000 and a groups exist to chastise and press democratic, and unconstitutional bill that I am former federal prosecutor opined the following charges against Members of Congress. convinced will only compound our current in Roll Call: That’s how they raise their money. problems—and further frustrate the wishes of ‘‘[T]he creation of an outside ethics panel That’s why they exist. And they’re on the American people for this House to clean will not solve the core problems that cur- both sides of the political spectrum; so up its act. rently afflict the House. Real ethics reform

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00076 Fmt 4634 Sfmt 9920 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1523 in the House begins with willingness on the for any reason—without any real evidence— lican and Democrat Members. Anything less part of both party leaderships to refrain which in turn will force any discerning Member then a bipartisan solution will result in partisan from political intervention in the ethics to hire a DC attorney to make sure their rights failure. process and give the ethics committee the independent, professional resources it needs are protected and their name is not damaged [From Roll Call, Sept. 26, 2007] in the process. to do its work. . . . Creating an outside OUTSIDE PANEL WON’T RESOLVE CORE ETHICS panel, moreover, would simply create an- Colleagues do not be fooled—this will be- PROBLEMS come inevitable if this rule is enacted today. other layer of ethics bureaucracy that fur- (By David H. Laufman) ther slows down a process already character- I want to thank Chairman CAPUANO for high- ized by sluggishness.’’ lighting the issue of attorney’s fees in his Re- Now that President Bush has signed into port and also commend him again for his lead- law S. 1, the Honest Leadership and Open At this time I would like to submit Mr. Government Act of 2007, it is fair to ask what Laufman’s entire Op-Ed into the RECORD. ership and hard work with the task force. sort of enforcement regime for the new rules Mr. Speaker, instead of maintaining and fos- While I am unable to support its outcome Members of Congress can expect from the tering the cause of justice and ethical behavior today, I know that every member of the task Senate Ethics Committee and the House in Congress, this piece of legislation may actu- force is sincere in their desire and efforts to Committee on Standards of Official Conduct, ally thwart the efforts of the Ethics Committee help fix what’s wrong with our current ethics also known as the House ethics committee. and Justice Department to investigate uneth- process. Unfortunately, today’s rule change As in so much of life, the answer is: It de- ical behavior and punish Members appro- falls way short of our goal. pends. priately. Again, if the Ethics Committee is bro- Mr. Speaker, let me acknowledge that we The Senate Ethics Committee has long ken lets fix or replace it—but why in the world started out on a great glide path of bipartisan- functioned quietly and methodically to ship—but eventually the Democrat leadership evaluate ethics complaints and allegations would we want to ignore the problem by cre- of misconduct in a professional, nonpartisan ating an additional layer of legislative red- was influenced by various outside organiza- manner. That track record reflects the rel- tape—which will only serve to work against tions that refused to accept any compromise ative collegiality of the Senate and the incli- the purposes of the Ethics Committee—in- that involved maintaining the current demo- nation of the respective party leaderships to stead of enhancing its ability to get its job cratic rules of justice and fair play. For exam- leave ethics matters ‘‘to the professionals’’ done fairly and expeditiously. ple, the task force members—both Democrat for sorting out. There is every reason to ex- Mr. Speaker, it was an honor to serve on and Republican—had agreed in principal to pect that the Senate committee will bring this Task Force and work with my 7 distin- allow outside entities the right to submit ethics the same balanced enforcement to the new guished colleagues. Over the past 12 months complaints to the OCE. rules that has characterized its operations in the past. I participated in over 30 hearings, listening to In fact, this provision was requested by The House ethics committee, however, is a testimony from a wide variety of interests on these various organizations and highly pro- different matter. Although the committee this important matter before us today. moted as a vehicle to bring much needed has undertaken some tough investigations in While various organizations expressed their credibility to the current ethics process. And, recent years—most notably, its inquiries re- support for the concept of creating an inde- while I had some reservations about it I was garding former Majority Leader Tom DeLay pendent body—and their endorsements have willing to support this provision. (R–Texas) and former Rep. Bud Shuster (R– been promoted today in this debate—it would Unfortunately, these same organizations Pa.)—it has been cleaved by partisan turmoil be unfair to not recognize that several wit- were not willing to be subjected to the same and deadlock for much of the period since nesses expressed their misgivings and con- level of scrutiny and transparency they wished the conclusion of the cases against former Speaker Newt Gingrich (R–Ga.) in 1997. The cerns with the direction this legislation would to impose upon Members of Congress— nadir of this devolution occurred in 2005, take the House ethics process. Witnesses I namely the disclosure of their largest donors when two seasoned attorneys on the commit- suggest were more qualified then others to who may or may not have an ax to grind with tee’s nonpartisan staff were fired in apparent testify to the pros and cons of creating a new a Member of Congress. One official quoted in retribution for their work on the DeLay in- independent body. an article on the issue stated: ‘‘you can. imag- vestigation, and two committee members be- Last March the task force met in private with ine how upsetting this [provision] is to the lieved to be ‘‘politically unreliable’’ by their former Congressmen Bob Livingston, R–LA, donor community.’’ party leadership were summarily jettisoned. and Louis Stokes, D–OH, regarding their ex- Indeed. Now, there is potential for even further periences from serving as cochairs of the last And that was the end of that. disequilibrium in the House ethics process. House Ethics Task Force in 1997. Both men In closing Mr. Speaker, let me also thank At issue is the pending determination by the Special Task Force on Ethics Enforcement had served on the House Ethics Committee Ranking Member LAMAR SMITH for his leader- as to whether an outside panel should be es- and were highly esteemed by their colleagues. ship, experience, expertise, and tireless efforts tablished to conduct preliminary review of Congressman Stokes was a former chairman that he brought to this important effort. ethics complaints and make recommenda- of the House Ethics Committee and shared Let me also thank the capable staff that as- tions to the House ethics committee on the following statement with our task force sisted us throughout this process, including: whether investigative action should be un- members: Paul Taylor, Chief Republican Counsel to the dertaken. I strongly believe the current Ethics Com- House Judiciary Subcommittee on the Con- As a former investigative counsel to the mittee structure should be preserved. I think stitution; Ed Cassidy, Senior Advisor and Floor House ethics committee who investigated Congress has a constitutional obligation to Assistant to the Republican Leader, and my both Democrats and Republicans—and as a former federal prosecutor—I fully appreciate police its members. The mechanism exists to Chief of Staff, Jeff Kahrs. hire outside counsel whenever necessary, as the importance of conducting thorough, Before I end I can’t help but note the irony independent investigations. I also appreciate the Committee did in the Abscam cases and in spending well over 100 hours of my time also in the sex and drug investigations. In that the establishment of an outside ethics both cases the House received accolades for hearing testimony and discussing the signifi- panel might enhance public confidence in the its work. A dangerous aspect of investiga- cant ramifications of each provision within this integrity of the House ethics process. But tions by either a House Committee or an legislation—the most sweeping ethics legisla- the creation of an outside ethics panel will outside panel is interference with Justice tion in over 10 years—and the Democrat lead- not solve the core problems that currently Department investigations. ership decision to bring this bill to the floor— affect the House. At this time I would like to submit Mr. under the cover of darkness—and under a Real ethics reform in the House begins with a willingness on the part of both party Stokes entire written statement into the closed partisan rule which only allows 30 min- leaderships to refrain from political inter- RECORD. utes of debate on each side—that’s less than vention in the ethics process and give the Mr. Speaker, I would like to raise one addi- 30 seconds for each Member of this House to ethics committee the independent, profes- tional point that warrants discussion. Regard- be heard on this topic. sional resources it needs to do its work. All less of the outcome of today’s vote, I believe Mr. Speaker, I hope that Members will not the new ethics laws and rules in the world it is important that this House give serious be fooled by the lack of an open and full de- will amount to nothing unless the party consideration to providing attorney’s fees for bate on this important issue. I strongly oppose leadership on both sides refrain from politi- Members of Congress that may become the this rule change and respectfully urge all cizing the ethics process, the committee members ultimately charged with imple- subject of an OCE or Ethics Committee review Members—Democrats and Republicans—to menting them are committed to consistent, in the future—but are subsequently cleared of reject this proposal. It’s time for the Ethics nonpartisan enforcement, and committee any baseless charges. Under the OCE struc- Task Force to get back to work and find a bi- members do not have to worry about retalia- ture set up in this rule, it will be very easy for partisan solution to our failed ethics process tion from their party leadership or fellow any two members to initiate an investigation— that is supported by a majority of both Repub- members.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1524 CONGRESSIONAL RECORD — HOUSE March 11, 2008 Establishing an outside ethics panel also Department investigations. I think this dan- Issa Mica Shadegg would constitute a historic abdication of the ger may be better contained by a House Jefferson Michaud Shays House’s constitutional responsibility for self- Committee. Also, the House has a great edu- Johnson, Sam Miller (FL) Shimkus Jordan Miller (MI) Shuster regulation. Article I, Section 5, Clause 2 of cational process for members along with an Kaptur Miller, Gary Simpson the U.S. Constitution states that ‘‘Each approval process to keep members from Keller Murphy, Tim Smith (NE) House [of Congress] may determine the Rules going astray. Neither a House Committee King (IA) Musgrave Smith (NJ) of its Proceedings, punish its Members for nor an outside Panel or Commission can stop King (NY) Myrick Smith (TX) disorderly Behavior, and with the Concur- a member who uses his position in Congress Kingston Neugebauer Souder rence of two thirds, expel a Member.’’ Al- to obtain a Rolls Royce, a yacht, a million Kirk Nunes Stearns though the drafters of the Constitution dollar home, and other illegal gifts. The cur- Kline (MN) Pence Stupak Knollenberg Petri Sullivan chose the permissive ‘‘may’’ rather than rent system worked when I had men like Kuhl (NY) Pickering Taylor ‘‘shall,’’ it is clear that they intended to cre- Floyd Spence and Jim Hansen as my ranking LaHood Pitts Terry ate a system of peer review where Members member because we approached the business Lamborn Porter Thornberry of Congress shoulder the responsibility for of the Committee on a bi-partisan basis. We Latham Price (GA) Tiahrt weighing allegations of other Members’ mis- handled the tough cases and never had a dis- LaTourette Putnam Tiberi conduct. The establishment of an outside senting vote. Latta Regula Turner panel to evaluate ethics complaints would be Lewis (CA) Rehberg Upton Ms. SUTTON. Mr. Speaker, I yield 1 Linder Reichert Walberg an unprecedented deviation from more than minute to the gentleman from Hawaii LoBiondo Reynolds Walden (OR) 200 years of self-regulation. Moreover, it (Mr. ABERCROMBIE). Lucas Rogers (AL) Wamp would be tantamount to an admission that Lungren, Daniel Rogers (MI) Weldon (FL) the House is now unable to fully govern Mr. ABERCROMBIE. I’m sorry, the E. Rohrabacher Weller itself and needs protection against its own time is incorrect. The time is 2 min- Mack Roskam Westmoreland improper impulses. utes. Manzullo Royce Whitfield (KY) Nor, if established, would an outside panel Marchant Ryan (WI) Wilson (NM) Ms. SUTTON. Mr. Speaker, I yield 1 McCarthy (CA) Sali Wilson (SC) likely improve the House ethics process. minute to the gentleman from Hawaii McHenry Sanchez, Loretta Wittman (VA) First, none of the publicly reported proposals (Mr. ABERCROMBIE). McHugh Saxton Wolf under consideration to establish an outside Mr. ABERCROMBIE. Mr. Speaker, I McKeon Schmidt Wu panel divests the House ethics committee of McMorris Sensenbrenner Young (AK) ultimate decision-making discretion as to have a parliamentary inquiry. Rodgers Sessions Young (FL) The SPEAKER pro tempore (Mr. whether ethics violations occurred or what NAYS—196 sanctions to impose if a violation is found. POMEROY). The gentlewoman from Ohio Creating an outside panel, moreover, would is controlling the time. She has yielded Ackerman Gillibrand Moran (VA) Allen Gonzalez Murphy (CT) simply create another layer of ethics bu- 1 minute to the gentleman from Ha- Altmire Green, Al Murphy, Patrick reaucracy that further slows down a process waii. Andrews Green, Gene Murtha already characterized by sluggishness. Sec- Arcuri Hall (NY) Nadler ond, making informed assessments of allega- f Baca Hare Napolitano tions of misconduct requires more than the Baird Harman Neal (MA) mere application of law or rules to facts: It MOTION TO ADJOURN Baldwin Hastings (FL) Obey also requires a nuanced understanding of the Barrow Herseth Sandlin Olver Mr. ABERCROMBIE. Mr. Speaker, I Bean Higgins Ortiz institutional context in which the alleged move that the House do now adjourn. Becerra Hill Pallone misconduct occurred. Arguably, the need for The SPEAKER pro tempore. The Berkley Hinojosa Pascrell such a nuanced understanding is particularly Berman Hirono Pastor great in the case of a political institution question is on the motion to adjourn. Bishop (GA) Hodes Paul that has its own unique cultural attributes. The question was taken; and the Bishop (NY) Holden Payne It is possible that retired Members of Con- Speaker pro tempore announced that Blumenauer Holt Pearce gress could bring the necessary perspective Boren Honda Perlmutter the noes appeared to have it. Boswell Hoyer Platts to bear if appointed to an outside ethics Mr. LAHOOD. Mr. Speaker, I object Boyd (FL) Inslee Poe panel. It is less likely that retired jurists, to the vote on the ground that a Boyda (KS) Israel Pomeroy academicians or individuals from other pro- quorum is not present and make the Brady (PA) Jackson (IL) Price (NC) fessions would be equally capable of making Braley (IA) Jackson-Lee Rahall the necessary contextual judgments. point of order that a quorum is not Brown, Corrine (TX) Ramstad That the committee would retain auton- present. Capps Johnson (GA) Reyes omy to reject the recommendations of an The SPEAKER pro tempore. Evi- Capuano Johnson, E. B. Richardson outside panel ignores political realities sur- Cardoza Jones (NC) Rodriguez dently a quorum is not present. Carnahan Kagen Ross rounding ethics scandals. If, for example, the The Sergeant at Arms will notify ab- Carney Kanjorski Rothman outside panel recommended that the com- sent Members. Castor Kennedy Roybal-Allard mittee initiate an investigation—a rec- The vote was taken by electronic de- Clarke Kildee Ruppersberger Cleaver Kind Ryan (OH) ommendation that almost certainly would vice, and there were—yeas 177, nays become publicly known—the pressure on the Clyburn Kucinich Salazar committee from interest groups and the 196, answered ‘‘present’’ 1, not voting Conyers Lampson Sa´ nchez, Linda news media to accept the panel’s rec- 55, as follows: Cooper Langevin T. Costello Larsen (WA) Sarbanes ommendation would be formidable. [Roll No. 120] Courtney Larson (CT) Schakowsky Clause 1 of House Rule 23, which comprises YEAS—177 Cramer Lee Schiff the Code of Official Conduct, states that ‘‘A Crowley Levin Schwartz Abercrombie Buyer English (PA) Member, officer, or employee of the House of Cummings Lipinski Scott (GA) Aderholt Calvert Fallin Davis (CA) Loebsack Scott (VA) Representatives shall conduct himself at all Akin Camp (MI) Ferguson Davis (IL) Lofgren, Zoe Serrano times in a manner which shall reflect Bachmann Campbell (CA) Filner Davis, Lincoln Lowey Sestak creditably on the House of Representatives.’’ Barrett (SC) Cannon Flake DeFazio Lynch Shea-Porter Bartlett (MD) Cantor Forbes The special task force would bring credit on DeGette Mahoney (FL) Sherman Barton (TX) Carter Fortenberry the House by rejecting the idea of an outside Delahunt Maloney (NY) Shuler Berry Castle Fossella ethics panel and recommitting the House to Diaz-Balart, L. Markey Sires Biggert Chabot Foxx ethics enforcement marked by bipartisan- Diaz-Balart, M. Marshall Skelton Bilbray Chandler Frelinghuysen Dicks Matheson Slaughter ship and consensus. Bilirakis Coble Gallegly Doggett Matsui Smith (WA) Bishop (UT) Cohen Garrett (NJ) Donnelly McCarthy (NY) Snyder ONGRESSMAN OUIS TOKES TATEMENT ON Blackburn Cole (OK) Gilchrest C L S ’ S Doyle McCollum (MN) Space Blunt Conaway Goode ETHICS REFORM Edwards McCotter Spratt Boehner Crenshaw Goodlatte Ellison McDermott Sutton I strongly believe the current Ethics Com- Bonner Cubin Gordon Ellsworth McGovern Tanner mittee structure should be preserved. I think Bono Mack Cuellar Granger Emanuel McIntyre Tauscher Congress has a constitutional obligation to Boozman Davis (KY) Hall (TX) Engel McNerney Thompson (CA) Boustany Davis, David Hastings (WA) police its members. The mechanism exists to Eshoo McNulty Tierney Brady (TX) Davis, Tom Hayes hire outside council whenever necessary, as Etheridge Meek (FL) Towns Broun (GA) Deal (GA) Heller the Committee did in the Abscam cases and Farr Meeks (NY) Tsongas Brown (SC) Dent Hensarling also in the sex and drug investigations. In Fattah Melancon Udall (NM) Brown-Waite, Doolittle Herger Foster Mollohan Van Hollen both cases the House received accolades for Ginny Drake Hobson Frank (MA) Moore (KS) Vela´ zquez its work. A dangerous aspect of investiga- Buchanan Dreier Hulshof Gerlach Moore (WI) Visclosky tions by either a House Committee or an Burgess Duncan Hunter Giffords Moran (KS) Walz (MN) outside panel is interference with Justice Burton (IN) Ehlers Inglis (SC)

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1525 Wasserman Waxman Wexler ing and try to explain what that is all else? I have faith and trust in my con- Schultz Weiner Watson Welch (VT) about. stituents. I have faith and trust in you, Any referral to the Office of Congres- my colleagues of the House. We need to ANSWERED ‘‘PRESENT’’—1 sional Ethics will be seen as tanta- have faith and trust in each other. Johnson (IL) mount to a guilty verdict. Any other The regard and affection I have for NOT VOTING—55 conclusion by the House Ethics Com- every Member of this House is deep and abiding, the affection I started when I Alexander Gutierrez Rangel mittee will be seen as a coverup. Mark Bachus Hinchey Renzi my words, that is exactly what is going was the last man to be sworn in by Tip Boucher Hoekstra Rogers (KY) to happen. O’Neill before he retired when Bob Butterfield Hooley Ros-Lehtinen This is about ethics, not criminal Michel was here. In that spirit, I love Capito Jones (OH) Rush Clay Kilpatrick prosecution. I have heard words like the House of Representatives. It de- Solis fines my life. It should define yours. Costa Klein (FL) Stark ‘‘corruption’’ used around here as if we Culberson Lewis (GA) Tancredo are some sinkhole of depravity. If a This proposal is not worthy of the Davis (AL) Lewis (KY) Thompson (MS) House and our responsibility to it. DeLauro McCaul (TX) criminal matter is at issue, it should Udall (CO) Turn it down. Dingell McCrery be in the hands of the Federal Attor- Walsh (NY) Emerson Miller (NC) Waters ney, not appointees of the Speaker or b 2045 Everett Miller, George the majority leader. Feeney Mitchell Watt Ms. SUTTON. Mr. Speaker, I yield 1 Franks (AZ) Oberstar Wilson (OH) I can’t figure out where the ethics minute to the distinguished gentleman Gingrey Peterson (MN) Woolsey complaints come from. Are they from Maryland, the majority leader, Gohmert Peterson (PA) Wynn dropped off at the door? What criteria Graves Pryce (OH) Yarmuth Mr. HOYER. Grijalva Radanovich will be applied by the OCE? This is Mr. HOYER. Mr. Speaker, I take a about the House, and its membership back seat to no one in this House on b 2040 should decide whether any Member has loving this institution. Ms. BERKLEY and Ms. WATSON and failed to meet its standards, not ap- The issue, my friends, is not whether Messrs. BERMAN, MARSHALL, pointees who have not served or are we have respect for one another. Too MCCOTTER, DELAHUNT, MORAN of not currently Members of the House. often, it is demonstrable on this floor Virginia and VISCLOSKY changed An ethics investigation is by defini- that we don’t. their vote from ‘‘yea’’ to ‘‘nay.’’ tion peer review. Any appointee to the The issue is, Will the American peo- Mrs. WILSON of New Mexico, Mrs. Office of Congressional Ethics who has ple have respect for us? That is the CUBIN and Mrs. BONO MACK and not served in the House has no credi- issue. That is the critical issue that Messrs. BARTLETT of Maryland, bility in terms of judging Members or confronts us this evening. Not because GILCHREST, GOODE, ADERHOLT, the conduct of House standards. any of us are pointing fingers at any- CALVERT, SAXTON, GALLEGLY, And does anybody believe that com- body else in this House. DEAL of Georgia, BRADY of Texas, plaints won’t be in the media imme- But unless you were sound asleep MANZULLO, FOSSELLA, BUYER, diately, regardless of validity? The prior to the last election, unless you WALDEN of Oregon, KELLER of Flor- press irritation with the House Ethics were living in another country in an- ida, ISSA, SESSIONS, PUTNAM, BUR- Committee is because it has actually other land in another time, you know GESS, BARRETT of South Carolina, practiced confidentiality. what the people thought about this, DAVIS of Kentucky, GARRETT of New This is an invitation to ideological the people’s House that we love. That, Jersey, INGLIS of South Carolina, mischief and character assassination. my friends, is why we are in the major- ity, because the people thought LOBIONDO, LATOURETTE, PORTER, We say this is about our ability to po- lice ourselves. The effect will be just changes were necessary in this House. WHITFIELD of Kentucky, STEARNS, The people asked for change. They the opposite. The House Ethics Com- MICA, HALL of Texas, WOLF, asked for accountability. There have mittee no longer has any discernable BILBRAY and BROWN of South Caro- been some things said on this House lina changed their vote from ‘‘nay’’ to function other than to affirm whatever floor that are not accurate. Mr. TIAHRT ‘‘yea.’’ has been referred to it. said that Ms. PELOSI, the Speaker, and So the motion to adjourn was re- All this makes me sad, and it makes Mr. BOEHNER, the minority leader, me angry. I have devoted every bit of jected. would make independent appointments The result of the vote was announced energy in my life for nine terms to this to this. as above recorded. House. I revere the opportunity for Mr. CAPUANO changed that as a result f service in the people’s House. With this of the suggestions of these Members. It proposal we are indicting ourselves. We ESTABLISHING AN OFFICE OF was a good change because it meant are retreating before those who would that Mr. BOEHNER and Ms. PELOSI are CONGRESSIONAL ETHICS—Contin- tear this House down. ued going to have to agree on six people. The SPEAKER pro tempore. The It has been said on this House just The SPEAKER pro tempore. The time of the gentleman has expired. now that this replaces the Ethics Com- Chair understands that the gentleman Mr. DREIER. Mr. Speaker, I would mittee. It absolutely does not. Does it from Hawaii has been yielded 1 minute like to yield my friend an additional complement it? I think it does, but it from the gentlewoman from Ohio. minute. does not replace it. Nor does it sub- The gentleman is recognized for 1 The SPEAKER pro tempore. The gen- stitute its judgment for the Ethics minute. tleman from Hawaii is recognized for Committee. Mr. ABERCROMBIE. Mr. Speaker, an additional minute. The Ethics Committee can continue may I ask the gentlewoman whether Mr. ABERCROMBIE. We are retreat- to operate as it does now and can ini- she would yield an additional minute. ing before those who would tear this tiate, it does not need to wait on this Ms. SUTTON. Mr. Speaker, if the House down, who denigrate our com- committee. It can initiate the defense gentleman needs an additional minute, mitment and make us out to be little of the ethics of this House, 435 of us I am going to give him mine. more than crooks and knaves and elected by our neighbors and friends. The SPEAKER pro tempore. The gen- hustlers. We are all sad when one of us comes tleman from Hawaii is recognized for 2 We are the guardians of the Nation’s short of the expectations of our con- minutes. liberty. We are the defenders of its con- stituents, as we should, because we Mr. ABERCROMBIE. Thank you. stitutional imperatives. We are the know only too well, those of us who Mr. Speaker, we have got a new people’s House. We should be proud to have served for significant periods of grand jury in the House, the Office of stand up for this House, its institution time in the public’s fear, that the acts Congressional Ethics, and we have the and its legacy. Instead, we cringe be- of each of us is often attributed to the House Ethics Committee. We have two fore our critics and turn over our obli- rest of us. identical, competing committees by de- gation to govern ourselves to others. There needs to be a confidence level sign. Now, I defy anybody in this House If we have no respect for ourselves, among the American people in the peo- to go to your next Rotary Club meet- how can we expect it from anybody ple’s House. How are they going to

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1526 CONGRESSIONAL RECORD — HOUSE March 11, 2008 have that confidence? I suggest to you Are there, from time to time, excep- In the course of its proceedings, the new en- that it is my belief, as one who is not tions? There are. But let us have the tity might reveal critical evidence or infor- for many of the things that the so- confidence to tell to the American peo- mation to key witnesses. The failure of those witnesses to keep this information confiden- called groups are for, who think that it ple our conduct is, and we want it to tial may be very harmful to the integrity of is going to change, it will not change, be, above reproach, and we do not fear any future Committee inquiry. many times, the substance of what we the oversight and accountability that The ‘‘self-initiation’’ discretion could un- deal with. this proposal suggests. I urge my col- dermine current rules that limit complaints I happen to have come to the conclu- leagues, have confidence in those that to those filed by Members. An agent could sion that this proposal that Mr. Mr. BOEHNER and Ms. PELOSI will ap- provide information to the new entity that CAPUANO and others have made, and I point. Have confidence in yourselves would trigger review under its rules. There is regret the fact that this is not a bipar- no accountability as to the source of infor- and in your colleagues, and let us this mation, unlike with respect to ‘‘complain- tisan proposal. One of my best friends night give confidence to our constitu- ants,’’ who must certify that the ‘‘informa- in life, not just that served here in this ents and the American people. tion is submitted in good faith and warrants House, is Senator BEN CARDIN. Many of Vote for this proposal. the review and consideration of the Com- you know how close he and I are. He Mr. DREIER. Mr. Speaker, may I in- mittee,’’ and who must provide a copy of the and Bob Livingston worked on the last quire of the Chair how much time is re- complaint and all attachments to the re- major ethics reform together and came maining on each side. spondent. See Committee Rules (d) and (e). 2. The new entity must ‘‘transmit to the together in a bipartisan fashion. The SPEAKER pro tempore. The gen- I am one who works in a bipartisan individual who is the subject of the second- tleman from California has 6 minutes phase review the written report and findings fashion. Ask Bob Ney and the Help remaining. The gentlewoman from of the board[.]’’ See Section 1(c)(2)(C)(ii). In America Vote Act. Ask Steve Bartlett Ohio has 8 minutes remaining. addition, the report will include ‘‘findings of on the Americans with Disabilities Mr. DREIER. Mr. Speaker, my friend fact,’’ ‘‘a description of any relevant infor- Act. I believe in operating that way. I from Maryland has just advocated vig- mation that it was unable to obtain or wit- wish this were a bipartisan product. orously bipartisanship in this process. nesses whom it was unable to interview [] If we had the vote on the Republican I am now happy to yield 2 minutes to and the reasons therefore,’’ and a rec- ommendation for the issuance of subpoenas alternative, I would vote against it. the coauthor of a bipartisan proposal, Why would I vote against it? Because it where appropriate.’’ my friend from Chattanooga, Ten- It is a bad idea for the Committee’s pur- has within its framework submitting nessee (Mr. WAMP). poses that the ‘‘written report and findings to the Justice Department after 45 Mr. WAMP. I thank the gentleman of the board’’ be transmitted both to the days a complaint that the Ethics Com- for yielding. Committee and to the individual under re- mittee has not dealt with. I don’t think Mr. Speaker, I stood right here a few view. This will provide information to a po- that is appropriate for a violation of years ago against my party in favor of tential respondent at an inappropriate stage, the rules. It should be within the reform. I got scars on my back from including alerting the respondent as to wit- nesses who have been identified as potential bosom of this body. This proposal cop- standing for reform. But I heard JOHN ies it there. recipients of subpoenas. At a minimum, this TANNER say when I got to Congress would provide opportunities for the coordi- This does not give subpoena power to that neither party has an exclusive on nation (or appearance of coordination) of people to go on fishing expeditions. It integrity and ideas, and I believe that testimony. Potential respondents would also gives to six people, selected jointly by is true. be alerted as to difficulties encountered in Mr. BOEHNER and Speaker PELOSI, who I want to tell you tonight, on the obtaining information from certain wit- I hope and believe that they will agree same platform I stood a few years ago nesses. This could discourage negotiated out- upon people of very high integrity and comes if a respondent knows that certain in- when I joined then minority in this re- dividuals are not cooperating witnesses. good common sense. Because when form, there is good reform and there is they say, and somebody comes along This process is not sensitive to the need for bad reform. This is bad reform. I don’t confidentiality of witness information at the and says in a press conference, STENY care what you say about it, how kind early stages of an investigation. Members, HOYER has violated the rules, none of you are about it, this is bad reform. It staff, and private individuals should be able us can protect ourselves against that. is not good for the institution. It is not to provide information in confidence, at That’s the business we are in. We are workable. least at the initial stages. The new rules all targets and we are all vulnerable. may have an anti-whistleblower effect and Mr. Speaker, I submit for the RECORD But it is my belief that this body will possibly employment ramifications for indi- a four-page document by Ken Kellner, be composed of the kinds of people that viduals as well. For example, what if it is re- the senior counsel for your majority vealed that a current employee is providing I think Speaker PELOSI and Mr. Ethics Committee, explaining all the or refusing to provide information about his BOEHNER will appoint, and not Mem- problems. or her employing Member? A previous ethics bers. REVIEW OF TASK FORCE PROPOSAL task force was ‘‘mindful’’ of the need to I am a lawyer. I will tell you, the ‘‘protect the confidentiality of a witness public is not too convinced that law- BILL: I looked over the draft resolution for- prior to publicly disclosing’’ a statement of yers are good at self-regulation. Some warded by Rep. Smith. I suggest you review alleged violation. Report of the Ethics Re- of you are doctors. The public is not it closely as well. Review of the draft was form Task Force on H. Res. 168, 105th Cong., not to critique the need for or merits of the 1st Sess. at 25 (June 17, 1997). particularly convinced that doctors are proposal, but to identify areas in which the good self-regulators, or CPAs or other The proposal is also inconsistent with proposal would interfere with the operations Committee rules and practices that keep in- professions. of the Committee. We cannot anticipate all vestigative information confidential. Under That’s what we are talking about. We plausible areas of concern prior to actual im- Committee Rule 26(f), evidence gathered by are talking about to the American pub- plementation, but I did the best I could. an Investigative Subcommittee that would lic we do act properly, we do keep the 1. The new ‘‘Office’’ or ‘‘Board’’ is ex- potentially be used to prove a violation faith. We are honest, and we are pre- pressly authorized to take up matters on its ‘‘shall be made available to the respondent pared to answer for our conduct and own initiative and to conduct interviews and and his or her counsel only after each agrees, give confidence to you, the American obtain testimony in its ‘‘review’’ of such in writing, that no document, information, matters. See Section 1(c)(1)(A). This raises or other materials . . . shall be made public people, that it is the people’s House, several concerns, listed below: not our House, the people’s House. until’’ a Statement of Alleged Violation is As the Committee noted in its earlier feed- made public by the Committee or an adju- I suggest to you, my friends, that back to the task force, the interview of wit- dicatory hearing is commenced. whatever can happen, whatever could nesses by both the new entity and the Com- There is no rule or precedent in effect for happen, whatever scenario you fear can mittee might result in conflicting state- the new entity for dealing with concerns of happen right now with the existing ments that would undermine the value of the Department of Justice in cases of con- process, all this does, it adds a com- testimony from that witness. current jurisdiction. As noted, under the pro- plementary body, hopefully, and I be- Statements from witnesses would also posed process, there is considerable potential lieve, of citizens of very high repute likely be obtained prematurely due to the for the making of inconsistent statements by time deadlines imposed on the new entity. who will, in turn, be able to say to the witnesses and for the release of confidential Sometimes there are valid investigative rea- information. It this occurs, it could easily American public, yes, this group of sons not to reveal the existence of an inves- undermine active criminal investigations. Americans is honest, hardworking, and tigation to a witness until other witnesses The Board may make ‘‘findings of fact’’ as serving you well. are interviewed or other evidence obtained. part of their submission. This is generally a

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1527 function for a trier of fact after an oppor- pertaining to contacts with any Commis- tives and lobbyists are not eligible to tunity for a defendant/respondent to cross- sioner. See 11 C.F.R. § 201.2. serve as board members. Moreover, re- examine witnesses or challenge the evidence. KENNETH E. KELLNER, moval of a board member may only What if the findings differ from those Senior Counsel, Committee on occur with the approval of both the reached by the Committee? Standards of Official Conduct. Speaker and the House minority lead- 3. There appears to be a requirement that They kept a lid on it till today, and er. the Committee publicly disclose Board sub- the bill is up tonight, and here it is. It missions to the Committee. See Section 3(2). The Office of Congressional Ethics This would occur if the Committee declines is bad reform. could include former Members of the to empanel an Investigative Subcommittee If you think that the steroid and House, but all of the members of the or if one year has passed from the date of the baseball hearings are a distraction over board would be qualified by virtue of referral from the new entity. the business of the people of this coun- their exceptional public standing. This This means that the Committee must re- try, wait until tomorrow when this office has the potential to clean up pol- lease the Board’s findings, even if the Com- goes into effect, when outsiders are fir- itics and, in turn, restore the public’s mittee has already determined to handle the ing political shots at each other, lis- faith in politics in the political proc- matter non-publicly. This is inconsistent tening to people back home want us to ess. with the discretion now with the Committee quit bickering and sniping and firing This has the support of Common (and investigative bodies generally) to exer- Cause, U.S. PIRG, and two very well- cise judgment as to what matters to address shots at each other and get these im- in a non-public fashion. With the possibility portant things done for them. respected scholars in government and of review by the new entity and public dis- The gentlelady said she yields the politics, Thomas Mann of the Brook- closure of conduct, there will be greatly re- customary time. This is not a cus- ings Institute and Norm Ornstein of duced incentive for witnesses and inves- tomary process. The rule was shut the American Enterprise Institute. tigated parties to cooperate with the Com- down. There are no substitutes, there is I support H. Res. 895 and urge my col- mittee or to do so with complete cooperation no recommit, there are no alternatives, leagues to vote in favor of this reform. and candor. and there is no consideration of a bi- Mr. DREIER. Mr. Speaker, may I in- This procedure also may place artificial quire of my friend from Ohio how many pressure on an Investigative Subcommittee partisan alternative by two people with integrity who have been working to- speakers she has remaining. to complete its work in well less than a year, Ms. SUTTON. We have several more gether for weeks to have a day to say, regardless of the impact on the investiga- speakers. tion. While such a time period may be suffi- no, this is a better approach. Mr. DREIER. Mr. Speaker, I reserve cient, neither the Department of Justice nor Have former Members, first time ever the balance of my time. other law enforcement entities and regu- that outsiders are part of this process, latory bodies, are subject to such limitations Ms. SUTTON. Mr. Speaker, I yield 1 but they are former Members. They minute to the gentleman from North as they would generally impact adversely on have no ax to grind. They will call it the completeness of an inquiry. Carolina, a member of the bipartisan 4. A provision in the proposal provides that like it is. Let’s take a logical step. Ethics Task Force, Mr. PRICE. the Office will cease its review of a matter But let me tell you, if this is based Mr. PRICE of North Carolina. Mr. on the request of the Committee ‘‘because of on trying to hold the House, that’s a Speaker, as a member of the Ethics the ongoing investigation of such matter by false strategy. When we put our reelec- Task Force, I rise today to support the the Committee.’’ See Section 1(d). tion as a majority above the people’s establishment of the Independent Of- This rule should be clarified to make clear business and honor and integrity we fice of Congressional Ethics for the that it includes informal fact-finding efforts lost, and we should have, and you are House of Representatives. by the Chair and Ranking Member of the doing the same thing. The 110th Congress, under new lead- Committee. Otherwise, this important rule Don’t do this, House. It’s not good for may only have effect in the unusual case of ership, has already adopted a com- empanelled subcommittees. New language this country, and it’s not good for us. prehensive package of rules, lobbying, could be ‘‘because of the ongoing review of Ms. SUTTON. Mr. Speaker, I yield 2 and earmark reforms. Today we can this matter by the Committee in accordance minutes to the gentleman from Vir- take another positive step by creating with the Committee’s rules.’’ Section 1(d) ginia, a member of the bipartisan Eth- the Office of Congressional Ethics. The and Section 3(3) should be revised. ics Task Force, Mr. SCOTT. proposal before us is the result of a 5. If the new entity ceases such review at Mr. SCOTT of Virginia. Mr. Speaker, year-long effort by the Ethics Task the request of the Committee it will ‘‘so no- it is the unfortunate reality that the Force ably and fairly led by our distin- tify any individual who is the subject of the House of Representatives has seen its guished colleague, Mr. CAPUANO. review.’’ See Section 1(d). Some have argued tonight that this There are valid circumstances under which share of unethical behavior on the part the Committee would not want to notify an of public officials elected to represent proposal takes reform too far, others individual that it is undertaking review of a and serve their constituents. Moreover, not far enough. I believe that the office matter until it is ready to do so for valid in- this problem is not one confined to would improve on the current ethics vestigative and privacy reasons. In general, Democrats or Republicans. Rather, it enforcement process in two important it is not the routine practice of law enforce- is a problem that we all need to recog- ways. ment entities to notify individuals. Such dis- nize and take steps to address. First, it will provide a mechanism for closures could trigger protective behaviors For these reasons, and with the inter- a quick and impartial review of poten- that might undermine an investigation, as est of the American people in mind, we tial ethics violations, bypassing the bi- well as lead individuals to hire of attorneys partisan conflicts that have bogged (perhaps unnecessarily and at considerable need a fair and just manner to inves- expense). [By analogy, would it be appro- tigate any allegations of unethical be- down enforcement. priate in all cases to notify a respondent havior by a Member of the House. With Secondly, it will ensure account- that the Committee has referred evidence of this goal in mind, the gentleman from ability and transparency by requiring criminal conduct to the Department of Jus- Massachusetts (Mr. CAPUANO) intro- reasonable reporting and public disclo- tice? In many cases, it is in the interests of duced H. Res. 895, and I support his ef- sure of the activities of the office and criminal law enforcement that such referrals forts. the Ethics Committee. be made in confidence.] H. Res. 895 takes every possible step 6. The new entity must adopt a ‘‘rule re- b 2100 quiring that there be no ex parte commu- to ensure equality, fairness, and non- A number of changes have been made nications between any member of the board partisanship in addressing questions of to strengthen the proposal and address and any individual who is the subject of ethics. It establishes a new inde- Member concerns. The proposal is not any review by the board.’’ See Section pendent Office of Congressional Ethics perfect, but it is a move in the right di- 1(c)(2)(E)(iv). within the House of Representatives to rection. I support H. Res. 895, and I This provision should be revised to pro- be governed by a board that will be urge my colleagues to do so as well. hibit communications from any interested comprised of six members jointly ap- Mr. DREIER. Mr. Speaker, I reserve persons and any member of the board, as pointed by the Speaker of the House well as make explicit that ex parte contacts the balance of my time. include those made by counsel. A useful pro- and the minority leader. Ms. SUTTON. Mr. Speaker, I yield 2 vision to examine in considering ex parte To further ensure fairness and pre- minutes to the gentlewoman from Min- prohibitions is the provision contained in vent preferential treatment, current nesota (Ms. MCCOLLUM), a member of Federal Election Commission regulations Members of the House of Representa- the ethics task force.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1528 CONGRESSIONAL RECORD — HOUSE March 11, 2008 Ms. MCCOLLUM of Minnesota. Mr. where potentially artificially manufac- The majority leader, Mr. HOYER, Speaker, the American people deserve tured scandal could be given a show stood in the well when this bill was elected Members of the House of Rep- trial by partisan inquisitors for the pulled 2 weeks ago and said he wanted resentatives who will perform their du- purpose of creating doubt about the to see this work done in a bipartisan ties with the highest standards of deco- character of Members of this Congress, way. Mr. WAMP and Mr. HILL have rum and ethical conduct. all under the color of respectability, worked in a bipartisan way. We need to When a Member of this body fails to credibility, and authority. have bipartisanship. follow the rules of the House, violates Mr. Speaker, it is ingenious because I am going to urge my colleagues to ethical standards, or brings dishonor partisans remove themselves as the vote ‘‘no’’ on the previous question so upon this House, it is our duty and our original accusers. Incredibly, after a 90- in fact we can do what the American responsibility to act. The people we day period of show trials, the people want us to do, work in a bipar- serve expect no less. The ethics process unreformed Ethics Committee in Con- tisan way because the integrity of this needs improvement, so let us act to en- gress will again take up the case, re- institution is absolutely essential if we sure the integrity of this House. turning us to where we were before all are going to succeed in governing. I was appointed by Speaker PELOSI to this started, with no reform. Mr. Speaker, I reserve the balance of serve as a member of the Special Task In effect, the bill creates a bureauc- my time. Force on Ethics Enforcement, and I racy of smear and witch hunt. It insti- Ms. SUTTON. Mr. Speaker, it is my would like to commend Chairman tutionalizes the politics of personal de- honor to yield 1 minute to the gentle- CAPUANO for his forthright leadership, struction with a potential of creating woman from California (Ms. PELOSI), his patience, and his respect for this in- show trials with a public expense ac- the distinguished Speaker of the stitution. It was also a pleasure work- count. House. ing with Ranking Member LAMAR Mr. Speaker, this is a deeply ironic Ms. PELOSI. Mr. Speaker, I thank SMITH and all my Democratic and Re- proposal that instead of combating cor- the gentlelady from Ohio, Congress- publican colleagues on the task force. ruption could reward it, and I urge all woman SUTTON, for yielding and for Today I rise in strong support of this Members of this body to vigorously op- managing this very challenging bill resolution to establish an Office of pose this rule. this evening with such dignity. Congressional Ethics. I commend Ms. SUTTON. Mr. Speaker, at this This is an important time for us, my Speaker PELOSI for her courage to take time I yield 1 minute to the gentleman colleagues, because we are sending a on this challenge for the well-being of from Massachusetts, the chairman of message to the American people as to this House. the ethics task force, Mr. CAPUANO. who we are. We know each other to be With the passage of this resolution, Mr. CAPUANO. Mr. Speaker, I just honorable individuals who come here we will create an independent Office of want to point out a couple of things with the best motivation. Our title Congressional Ethics. This office will that have been said. I think the general ‘‘Representative’’ is our job descrip- be separate from the Ethics Com- attitudes have all been mentioned, but tion, to represent the people of our dis- mittee. It will have an appointed board there are a couple of points. tricts. We gain respect for each other comprised of distinguished Americans Relative to this memo that came out as we work on issues across the aisle, who are not Members of this House. today dated November 9, just in case across the region, across generations in This independent board will review people don’t notice, the draft didn’t every way, representing the beautiful ethics complaints and make formal come out until December 19. Almost diversity of our country. recommendations to the Ethics Com- every point made in that memo was ad- Unfortunately, the American people mittee for dismissal or for further in- dressed in the draft that was submitted do not share our view of ourselves here vestigation. This resolution leaves the December 19. There were a few things in the Congress and our reputation has power of all final decisions to the Eth- we couldn’t address because they go to received tarnish. Part of that tarnish ics Committee. The resolution also es- the basic point of whether you can came from a culture of corruption that tablishes time lines for the Ethics have an independent entity or not. I preceded the Democratic takeover of Committee to act on referred inves- can list it, and I will list it, but I didn’t this Congress. When I became Speaker tigations and requires that the com- have time to do it between the time we of the House, I said it was necessary to mittee make public statements about got it and the time of the debate, but drain the swamp that is Washington, actions or inactions on these matters. I you will have a memo on your desk D.C. so that the people will understand believe that improving this process within the next few days addressing that we are here for the people’s inter- will benefit the Members and reassure every single point made in that memo est and not the special interests. the public that ethics is a priority of that was addressed in the proposal. And so this legislation that is before this Congress. As far as bipartisanship, I think peo- us today represents what I believe is Clearly this proposal is not perfect. ple need to know I have a list of at necessary for us to convey to the It is a compromise, and it commences least 10 items that were taken up spe- American people what we owe them: an ongoing effort to ensure that ethics cifically as Republican proposals, our best effort to have this Congress remain at the forefront of this Con- starting with term limits for the OCE live up to the highest ethical standard. gress. Even while preparing for floor board members and joint appointments And I know of what I speak because action, Speaker PELOSI and Chairman of the OCE board members. Those are I had the responsibility to serve on the CAPUANO made significant changes in Republican proposals we adopted. Ethics Committee for 6 years when we order to address this concern. There are several others we will go into took up some terrible issues. The bank I support the resolution and urge my at a later time. scandal, remember that? Many of you colleagues to do so as well. Finally, people have to understand weren’t here yet, but it was a horrible Mr. DREIER. Mr. Speaker, I say to that this is not something brand new. time. The Newt Gingrich case, it was a my friend we have a couple of speakers It might be new to Congress, but more horrible time. During that time, as di- remaining, and if she has more than than 25 States already have inde- vided as we were, Democrat and Repub- that, we will continue to reserve the pendent commissions that review their lican, I would pray at night that some- balance of our time. legislators. If it is okay by them, why thing exculpatory would come along, Ms. SUTTON. We have two and my- are you so afraid of it here? something that would say we don’t self to close. Mr. DREIER. Mr. Speaker, I yield need to continue this case because Mr. DREIER. At this time I am very myself 1 minute. there is evidence that these charges are happy to yield 2 minutes to our hard- Mr. Speaker, bipartisanship is some- not true. It is hard, it is hard to pass working friend from Stillwater, Min- thing that everyone has said we need judgment on your colleagues. It is very nesota (Mrs. BACHMANN). to have as we deal with this issue. The difficult. Mrs. BACHMANN. Mr. Speaker, this distinguished Speaker, my fellow Cali- And I say that in the most bipartisan rule finds a way to create an ethics res- fornian, Ms. PELOSI, said when she was way, and we worked together on that olution that could encourage unethical minority leader that ethics reform committee in a very bipartisan way behavior. This rule could create a place must be done in a bipartisan way. during some very difficult times.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1529 After 6 years, I thought my service will miss his thoughtful deliberations continually review all reasonable pro- was over; and I had to spend another and his contributions to our country. posals intended to guarantee the high- year on what Mr. HOYER referenced as Thank you, DAVID HOBSON. est ethical conduct and a more trans- the Livingston-Cardin Committee to As I mentioned, I served on the Eth- parent and effective ethics process. rewrite the rules. We thought we did a ics Committee during some very, very Whether they relate to the new panel really good job; but, obviously, a re- difficult times; and I want to extend or the Ethics Committee itself, if addi- view of them some years later said we my deep respect and appreciation to tional changes are required, we will have to do more. those who serve on this committee now propose them. But that has been the story of ethics and who have served past and present. And since I mentioned Mr. HOYER’s in the Congress. Since the Ethics Com- Until you have undergone that, until name, I want to associate myself with mittee was first created in 1967, the you have undergone that, you cannot one of the remarks he made. I thought House has set increasingly higher really understand how difficult it is. it was 30 days. Mr. HOYER said 45 days. standards of conduct to guide Members And how happy you are when your But in a very short period of time, ac- because public service is a public trust. term of office ends. But I want to sa- cording to the proposal that the Repub- As I said, in recent years that trust has lute them, all of them, past and licans are putting forth, in a very short been eroded, and we have come here to present, for their important work. period of time if the Ethics Committee drain the swamp. I have deep respect for what Mr. had not disposed of those charges, they Just last year on the first day of the CAPUANO, striving to work in a bipar- would go to the Justice Department. Congress, the New Direction Congress, tisan way, has tried to achieve. Adopt- They would go to the Justice Depart- the House implemented new and sweep- ing the Capuano Task Force rec- ment. ing changes to the gift and travel re- ommendations will provide the public Well, the Ethics Committee is about strictions. Last September we passed and the House with the assurance that the rules of the House, about con- the historic Honest Leadership and credible, credible allegations of wrong- ducting ourselves in a way that brings Open Government Act, historic lob- doing will be addressed by the Ethics honor to the House. Many of those bying and ethics reform that is now the Committee in a timely fashion. I em- issues are not matters for the Justice law of the land. phasize the word ‘‘credible’’ because I Department. The Justice Department Today, the New Direction Congress have no doubt that the main target of knows when its jurisdiction should will, for the first time, open the ethics this, and who do you think the main weigh in. process up to the participation of our target of any outside groups to this This is about the facts, the rules of fellow citizens, which will make this group will be? You’re looking at her. the House, and sometimes the law of institution more accountable to the You are looking at her. the land. It’s not about hearsay, rumor, people who sent us here, the American But I am willing to take that risk be- suspicion, I thought so, somebody told people. I welcome their assistance. cause I also trust, yes, I also trust, my me. It’s about the facts, the rules and I want to say a word about Mr. polite colleagues, I also trust that this the law of the land. That is all that CAPUANO. I want to thank him for his group will rid itself of frivolous, base- matters. That is all that matters. service to our country. In recognizing less complaints and send a message to I think that this evening this Con- him, I want to recognize the participa- those who would file repeated frivolous gress has an opportunity to send a mes- tion of all of the members, Democrats complaints that is their price to pay to sage to the American people, and as we and Republicans, on the task force, for do this. I consider this a protection. do, each and every one of us does as their service to this House; and I be- It will bring an additional measure of well. Our votes will speak for them- lieve there was a good-faith effort transparency to the ethics enforcement selves. We are willing to take a chance made to keep this process as bipartisan process. It creates this transparency, I to make a vote on something we might as possible. And that is the best you think it is important to note, without have written differently. And I don’t can do. If at the end of the day there is compromising the House’s constitu- know one bill I’ve ever voted for that I not a willingness to make the reforms tional prerogatives to discipline its wouldn’t have, something you might necessary to restore the confidence of Members without interfering with the have written differently, but some- the American people in the Congress of work of the Ethics Committee and thing that can strive to remove the the United States, then you cannot be without altering the substantive rules doubt that is in the minds of the Amer- held back because some do not want to governing the conduct of the commit- ican people about the integrity of this act. tee’s deliberations. body. Mr. CAPUANO, I believe, led this effort I fully realize that bringing non- I hope that you will all join in voting in a way that was bipartisan and sen- Members to this enforcement mecha- for this. It is worthy of your support. I sitive to the institution’s history and nism is not only a step forward; it is a know that, with my vote, I will be able traditions. And I must say that I re- departure. It is a departure from the to say I did everything I could, respect- ceived, early on, compliments from his traditions of the House. ing the work of those who undertook co-Chair, the Republican co-Chair of To those who have those concerns, I this for practically 1 year to come up the committee, about working with pledge that I will work closely with my with a proposal that was fair, that was Mr. CAPUANO. He said something like, I friend, the Republican leader, Mr. effective, and that helped us drain the am sorry you appointed him because he BOEHNER, to jointly appoint the mem- swamp and say to our bosses, the peo- is very good to work with. That was bers of this new Office of Congressional ple who sent us here, we honor you supposed to be a joke. Ethics, fair men and women who under- with our service, and we pledge to you In any event, I would like to extend stand the importance of nonpartisan that we will always serve in a Congress special thanks to him for undertaking behavior and the compelling need to that upholds the highest ethical stand- this very difficult task, not only in try- act fairly to protect the interests of ard. ing to make something that is impor- the public, the House, and especially This is an important vote. I urge our tant work, but also to convince our the Members. colleagues to vote ‘‘aye.’’ And I thank colleagues that this is the route to Mr. CAPUANO once again for his ex- take. b 2115 traordinary leadership. Now as I said, I served on the com- Finally, Mr. Speaker, I pledge that Mr. DREIER. Mr. Speaker, we can at- mittee under the old rules and I helped the House leadership, and I know I tain the bipartisanship that the distin- write the new rules, and there is al- heard, listened with great interest to guished Speaker and the majority lead- ways a time to revisit all of it. And what Mr. HOYER had to say about this, er would like us to have. We can do so there will be a time to revisit these and thank you, Mr. HOYER, for your ex- by defeating the previous question so rules as well. traordinary leadership on making Con- that we can make that in order. A special thanks to my friend, Mr. gress more accountable and live up to a I am happy to yield the balance of DAVID HOBSON, for his work on the task high ethical standard. Our leadership our time to my friend from West- force and for his many years of distin- will closely monitor the work of the chester, Ohio, the distinguished Repub- guished service in the Congress. We new Office of Congressional Ethics and lican leader, Mr. BOEHNER.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1530 CONGRESSIONAL RECORD — HOUSE March 11, 2008 Mr. BOEHNER. My colleagues, re- closely with you to make it happen. worked very well. Now, there’s a lot of building the bonds of trust between The Ethics Committee process, again, ways to make it work. I think more those of us who serve in this institu- I’m going to say it again, needs to transparency and more accountability. tion and the American people should be work fairly, it needs to work honestly, And I think Members could come to an our highest priority. And I think the and it needs to work in a bipartisan agreement on making that process American people have every right to fashion. work, although I do believe the most expect the highest ethical standards of In 2005 and 2006, the then minority important thing that will make it every Member of this institution, and I leader, Ms. PELOSI, the minority whip, work is a commitment by the leaders think it is our obligation to deliver on Mr. HOYER, castigated the majority to on both sides of the aisle to say, we ex- that commitment to the American peo- no end over the issue of, it might have pect the Ethics Committee to work; we ple. been in 2004 and 2005, over the issue of expect them to do our job. And the two Clearly, the Speaker believes that we making changes to the ethics process leaders need to stand there and uphold need to establish this Office of Con- and the ethics rules in a partisan man- those Members and the work that they gressional Ethics because the Ethics ner. And I agreed with them. And those do on behalf of this entire House. It can Committee process is broken. Let me changes were later rescinded by a vote happen. say, I agree with her. It is broken. It in this House. But the new proposal is three Mem- didn’t work under Republican control But over the last 15 months, three bers appointed by the Speaker and here for at least the last 5 or 6 years times we’ve had bipartisan, I mean par- three Members appointed by myself that we had the majority in this House, tisan changes to the rules brought to and we have to come to an agreement. and the lack of evidence that I’ve seen the floor of this House and forced down We have six Members that we could, six over the last 15 months, it’s not worked Members’ throats. Three times. To- Members on this outside organization well under the Democratic majority ei- night is the fourth time, the fourth that we could agree on. ther. time that we’ve gone down the same Now, the Speaker and I have come to In December of 2006, as the Speaker path that people decried and decried. some agreements here over the last was waiting to take her position, she And I think all of us on both sides of couple of weeks, and it’s been a very and I sat down and we talked about the aisle know that if this process is nice and wonderful experience. But to this. I expressed to her at the time my going to work fairly and honestly and think that we can come to an agree- serious reservations about some out- in a bipartisan manner, it needs to be ment on six people to serve on this out- side, independent group that was re- written in a bipartisan manner. No side panel strikes me as a stretch. I sponsible to no one. And I mentioned other way around it. can’t imagine who in their right mind to the Speaker at the time that I The members of the task force, MIKE would want to serve on this outside thought that our obligations, as the CAPUANO, the gentleman from Massa- panel because of the fighting that’s leaders of this institution, were to chusetts, the other three Democrat going to occur, not by Members, but by stand up to make sure that this process members, LAMAR SMITH and the other partisan groups on both sides who are really did work. three Republican members really did going to want to be filing frivolous I think every Member of this institu- hard work and really tried to come to complaints. And the problem with this tion wants the Ethics Committee proc- some agreement. But when you start to outside process is that it does not have ess to work fairly, to work honestly, create this outside entity, as an ex- the secrecy and accountability that’s and to work in a bipartisan fashion, be- cuse, as a way of saying we’re doing necessary to ensure that Members’ rep- cause it is our obligation to the Amer- something, instead of actually fixing utations aren’t drug through the mud ican people and the obligation of each the problem, that’s where we could by some partisan charge that may have and every one of us, for the future of never come to an agreement. no basis in fact at all. None. this institution, to make sure that this I look around this House and I know Now, if the bipartisan process that process works fairly, honestly, and in a that there are a majority of the Mem- we have called the Ethics Committee bipartisan way. bers of this House who are opposed to doesn’t work, why would we think that I was here in 1991. Some of you were. the creation of this Office of Congres- this bipartisan outside Ethics Com- Most of you weren’t. I was standing sional Ethics. I see you. I know who mittee is going to work any better? right on the back wall when I and some you are. You all know it. I just want to say that this institu- of my colleagues had information that We’ve been through this process. The tion means a lot to me. It means a lot we read in USA Today about Members 18 years that I’ve been here, we’ve been to, I think, all of us who serve. And be- of Congress bouncing 8,300-some-odd through this process of self-flagellating fore I came to the floor, I was watching checks the year before at the House ourselves and introducing new ethics the proceedings from my office, and I bank. Some of us wanted to know why packages, passing them on the floor of saw the new Member, the gentleman or how, what was going on at the House the House, all of it, all of it under some from Illinois, sitting here, probably bank. And before we could get to the rules of public pressure. was scratching his head wondering on microphones with our privileged reso- But what we really have never done his first day in Congress he’s in the lution, the Speaker of the House was is to create an ethics process that does middle of this big partisan fight. It’s down here in the well of the House. The work fairly and honestly in a bipar- not usually this way. But I’ve got to majority leader was down here in the tisan manner. I don’t know what goes tell you that it really isn’t usually this well of the House. Even the Republican on down there, and I understand there’s way. leader was here in the well of the a reason for some secrecy, but to have What we’re about to undertake here House, and all three of them basically some idea that something is moving in is something that will never be undone, said the same thing: We didn’t do any- the ethics process would be helpful, to if we do it. And if we do it wrong, thing wrong, and we won’t do it again. know that they are investigating case which I believe it is being done wrong, So, for those of you that have con- number whatever it is and that it will it will be something that this institu- cerns about the habits of this institu- move. tion and its Members will live with for tion to sweep these issues under the But I do think that the proposal that a long, long time to come. rug, I saw it, and I’ve seen it since on we have tonight before us is partisan. I both sides of the aisle. don’t think it’ll work. And I don’t b 2130 When we will not rise up to meet our think it’s in the best interest of the And I think there’s only one real an- responsibility as Members, to judge American people or this institution. swer, and I want all of my colleagues each other and to hold ourselves to a The current Ethics Committee is to really seriously consider doing the higher ethical standard, I know that made up of five members appointed by right thing tonight. I think that we tendency. And for those new Members the Speaker and five members ap- ought to defeat the previous question. I that are here who want to bring this pointed by the minority leader. It’s bi- think that we ought to send this back process and make it more transparent partisan. The problem we have is that to a committee that can, in a bipar- and make it more open, trust me, the process itself has not worked. And tisan way, find a way to make the Eth- there’s no one who will work more it’s been frankly 10 years since it’s ics Committee process work in the fair,

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1531 honest and bipartisan manner in which vember 2007, he would have initiated a proc- I understand the problem that this resolution we all want it to work. Let’s not paper ess whereby our counsel could have time to is attempting to address: People in this coun- over the problem. Let us go fix the prepare a response that might have been try are losing faith in the institutions of govern- available for public review after being ap- problem, and the problem is the Ethics proved by the Chair and Ranking Member. ment. I believe that delegating the authority for Committee process itself. This ‘‘memo’’ was actually an internal email investigating Members of Congress to an out- And so I would ask my colleagues to communication between lawyers of the Com- side entity only confirms these fears. I believe thank the great work of the bipartisan mittee and not approved for release by the that rather than giving into the skepticism and group of Members who tried to put this Chair or Ranking Member. By releasing the cynicism inherent in this view, we need to together, thank them for their job and said internal communication, Representa- show people that government is responsible the job they did for this institution. tive Hastings could in fact reduce the con- and that it can work. fidence that the nonpartisan counsel has in If the Committee on Standards and Conduct But let’s also reject this proposal, communicating with members uncertain agree that we will work together in a that their work product would be kept con- is no longer capable of carrying out this re- bipartisan way to do the right thing for fidential. sponsibility, by all means we should find a our Members, our colleagues, this in- Representative Hastings’ reliance on Rule way to reform it, empower it, and give it the stitution and for the American people. 7(g) which states, ‘‘Unless otherwise deter- tools it needs to uphold the integrity of this Defeat the previous question. mined by a vote of the Committee, only the body. However, it seems to me that it would Ms. SUTTON. Mr. Speaker, I insert a Chairman or Ranking Minority Member of be unwise and unnecessary for us to tell the the Committee, after consultation with each American people that we are no longer capa- March 11 letter from the Ethics Com- other, may make public statements regard- mittee chairwoman, Stephanie Tubbs ing matters before the Committee of any ble of policing our own. Jones, into the RECORD at this point. subcommittee, does not relieve him of the Regardless of what we do here today, it will HOUSE OF REPRESENTATIVES, COM- obligation to comply with the rules of con- remain up to the voters to decide who rep- MITTEE ON STANDARDS OF OFFI- fidentiality. resents them in this body. As the dean of the CIAL CONDUCT, As Chair of the Ethics Committee, I have House, I have had the privilege to serve in this Washington, DC, March 11, 2008. taken great strides not to give an opinion on body and represent the people of my District DEAR COLLEAGUES: Today, I am dis- the proposed Office of Congressional Ethics for many years. During my time in the House appointed that the Ranking Member of the and I had hoped that my ranking member could place himself above the fray and not I have witnessed politicians be indicted, be Ethics Committee, Representative Doc forced to resign because of public pressure, Hastings, would violate the Ethics Commit- act for a partisan purpose. I see now that he tee’s confidentiality rules by releasing a con- cannot. and be investigated and reprimanded by the fidential communication between two attor- I do not seek to have sanctions brought House. I have also seen politicians accused of neys who work for the Committee. against Representative Hastings at this time wrongdoing, or tarnished by the mere appear- Both Representative Hastings and I agreed in hope that we can continue the work of ance of wrongdoing, who have been given the that the Ethics Committee could not and this bipartisan committee. I do however want to make it clear that if he continues to opportunity to make their case before the vot- should not give advice to the committee release confidential communication, I will ers and return to this body. charged by House Leadership with reviewing seek to have him sanctioned for violations of In today’s world, where the Internet and 24 the ethics process itself. In his letter, Rep- the Code of Official Conduct. hour cable news amplify and repeat almost resentative Hastings said ‘‘Upon receipt of Sincerely, any charge, regardless of its veracity, it seems his letter, I shared Rep. Smith’s request with STEPHANIE TUBBS JONES, Chairwoman Tubbs Jones and urged her to unlikely that many Members of Congress will Chairwoman. join me in submitting official comments to be able to avoid public scrutiny if they commit Rep. Capuano’s task force on behalf of our Mr. Speaker, when the laws and con- illegal or unethical acts. The question before Committee—a request to which she did not gressional rules are violated, the Amer- us is not whether we want those who commit agree’’. That is not true. We did however ican people suffer. They suffer in policy such acts to go unpunished, but what is the agree to send a letter outlining the functions and they suffer in spirit. They’re cheat- best way to ensure that they are held account- of the ethics committee process which is ed out of their right to proper represen- able. While I respect the views of those who signed by both Representative Hastings and tation. When Americans went to the believe an independent office is necessary, I myself. (This letter is available upon re- polls in the last election, they sent a cannot bring myself to agree. Ultimately, I will quest). We also agreed to allow our counsel clear message that they are concerned to attend some of the meetings of the out- place my faith in the voters and in this body side ethics committee and to address some of about the state of our government. The to ensure that the House of Representatives the concerns we raised. Some of these con- American people want to know that we remains a strong and honorable institution. cerns are reflected in the Office of Congres- are here for them, not for the lobby- Ms. JACKSON-LEE of Texas. Mr. Speaker, sional Ethics’ final product. ists, not for special interests and not I rise today in support of H. Res. 895, estab- Indeed the Oath of Office, Rule 7(a), pro- for self-interest. They deserve nothing lishing within the House of Representatives an scribes this conduct when we declare ‘‘I do less. That is what this is about. Office of Congressional Ethics, and for other solemnly swear (or affirm) that I will not I urge a ‘‘yes’’ vote on the previous purposes, introduced by my distinguished col- disclose, to any person or entity outside the question and on the rule. league from Massachusetts, Representative Committee on Standards of Official Conduct, Mr. DINGELL. Mr. Speaker, I have a num- CAPUANO. This important legislation will estab- any information received in the course of my ber of concerns about the resolution before us service with the Committee, except as au- lish an independent Office of Congressional thorized by the Committee or in accordance today. First, I am concerned that granting the Ethics in the House of Representatives that with its rules.’’ power and authority to investigate Members of will address concerns about House trans- Rule 7(d) provides that Members and staff Congress to an independent, outside entity parency and accountability. of the Committee shall not disclose to any cedes away too much of the power granted to Ethics and legal scandals plagued the Re- person or organization outside the Com- the legislative branch by the Constitution of publican Congress. The cozy relationship be- mittee, unless authorized by the Committee, the United States. We need to be clear about tween Congress and special interests we saw any information regarding the Committee’s what it is we are doing today; we are altering during the 109th Congress resulted in serious or a subcommittee’s investigative, adjudica- the scheme created by Framers of the Con- lobbying scandals, such as those involving tory or other proceedings, including but not stitution in a way that weakens this body. limited to: (i) the fact of nature of any com- Jack Abramoff. plaints; (ii) executive session proceedings; The Constitution grants Members of Con- But that is not all. Under the previous Re- (iii) Committee or subcommittee report, gress important protections that allow us to publican leadership of the House, lobbyists study or other document which purports to carry out our official duties free from the threat were permitted to write legislation, 15-minute express the views, findings, conclusions or of investigation by an outside entity. Among votes were held open for hours, and entirely recommendations of the Committee or sub- other things, the immunity provided by the new legislation was sneaked into signed con- committee in connection with any of its ac- speech and debate clause allows us too vigor- ference reports in the dead of night. tivities or proceedings; or (iv) any other in- ously pursue our oversight responsibilities The American people registered their dis- formation or allegation respecting the con- without fear of retribution. Rather than allow gust at this sordid way of running the Con- duct of a Member, officer or employee, of the some outside body to decide the standards gress last November and voted for reform. House. Today, Representative Hastings stated he that should be used to judge whether a Mem- Democrats picked up 30 seats held by Repub- had no desire to release ‘‘the memo’’ if this ber of Congress is capable and responsible licans and exits polls indicated that 74 percent matter had not come to the floor. If Rep- enough to carry out his or her duties, the Con- of voters cited corruption as an extremely im- resentative Hastings was as altruistic as he stitution vests that power in the voters, and portant or a very important issue in their claims to be having had this memo since No- with Congress itself. choice at the polls.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00085 Fmt 4634 Sfmt 9920 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1532 CONGRESSIONAL RECORD — HOUSE March 11, 2008 Ending the culture of corruption and deliv- Mr. DREIER. Mr. Speaker, on that I Brown (SC) Hastings (WA) Pence demand the yeas and nays. Brown, Corrine Hayes Peterson (PA) ering ethics reform is one of the top priorities Brown-Waite, Heller Petri of the new direction Congress. That is why as The yeas and nays were ordered. Ginny Hensarling Pickering our first responsibility in fulfilling the mandate The SPEAKER pro tempore. Pursu- Buchanan Herger Pitts of this critical election, Democrats offered and Burgess Hill Platts ant to clause 9 of rule XX, this 15- Burton (IN) Hobson Poe passed last year an aggressive ethics reform minute vote on the previous question Buyer Hoekstra Porter package. Today, we are here to pass yet an- will be followed by 5-minute votes on Calvert Hulshof Price (GA) other piece of ethics legislation, illuminating any question arising without inter- Camp (MI) Hunter Putnam that this Democratic Congress has nothing to Campbell (CA) Inglis (SC) Regula vening business. Cannon Issa Rehberg hide. We are committed to accountability and The vote was taken by electronic de- Cantor Johnson, Sam Reichert financial transparency and as such will con- vice, and there were—yeas 207, nays Carter Jordan Reynolds tinue to pass ethics legislation until we are Chabot Kaptur Rogers (AL) 206, not voting 17, as follows: Chandler Keller satisfied that any and all ethics concerns have Rogers (KY) [Roll No. 121] Clay King (IA) Rogers (MI) been addressed. We seek to end the ex- Coble King (NY) Rohrabacher cesses we witnessed under the Republican YEAS—207 Cole (OK) Kingston Roskam Conaway Kirk Ackerman Gutierrez Neal (MA) Royce leadership and to restore the public’s trust in Costello Kline (MN) Allen Hall (NY) Obey Ryan (WI) the Congress of the United States. Crenshaw Knollenberg Altmire Hare Olver Sali Cubin Kucinich This important legislation amends Rule Andrews Harman Ortiz Saxton Culberson Kuhl (NY) XXVI, Financial Disclosure, of the Rules of the Arcuri Hastings (FL) Pallone Schmidt Davis (KY) LaHood Baca Herseth Sandlin Pascrell Sensenbrenner House by requiring members of the board of Davis, David Lamborn Baldwin Higgins Pastor Sessions the Office of Congressional Ethics to file an- Davis, Tom Latham Barrow Hinchey Payne Shadegg Deal (GA) LaTourette nual financial disclosure reports with the Clerk Bean Hinojosa Pelosi Shays Dent Latta Becerra Hirono Perlmutter Shimkus of the House. It furthermore Amends Rule XI, Diaz-Balart, L. Lewis (CA) Berkley Hodes Peterson (MN) Shuler Procedures of Committees and Unfinished Diaz-Balart, M. Lewis (KY) Berman Holden Pomeroy Dingell Linder Shuster Business, to permit the Committee on Stand- Berry Holt Price (NC) Doolittle LoBiondo Simpson ards of Official Conduct to undertake an inves- Bishop (GA) Honda Rahall Drake Lucas Skelton Bishop (NY) Hoyer Ramstad tigation upon receipt of a report regarding a Dreier Lungren, Daniel Smith (NE) Blumenauer Inslee Reyes Duncan E. Smith (NJ) referral from the Office of Congressional Eth- Boren Israel Richardson Ehlers Mack Smith (TX) ics and sets forth provisions concerning the Boswell Jackson (IL) Rodriguez Emerson Manzullo Souder Boyda (KS) Jackson-Lee Ross public disclosure of board findings. The rules English (PA) Marchant Stearns Brady (PA) (TX) Rothman outlined within this legislation state that the Everett McCarthy (CA) Sullivan Braley (IA) Jefferson Roybal-Allard Fallin McCaul (TX) Tanner board is directed to address any joint allega- Butterfield Johnson (GA) Ruppersberger Feeney McCotter Terry tion within 7 calendar days, ensuring that any Capps Johnson (IL) Ryan (OH) Ferguson McCrery Thornberry Capuano Johnson, E. B. Salazar and all allegations are expediently handled. Filner McHenry Tiahrt Cardoza Jones (NC) Sa´ nchez, Linda Flake McHugh Tiberi Through the creation of the Office of Congres- Carnahan Jones (OH) T. Forbes McKeon Turner sional Ethics, the House will significantly in- Carney Kagen Sanchez, Loretta Fortenberry McMorris Upton Castle Kanjorski Sarbanes crease the transparency and accountability of Fossella Rodgers Walberg Castor Kennedy Schakowsky its ethics enforcement process through greater Foxx Meeks (NY) Walden (OR) Clarke Kildee Schiff Franks (AZ) Melancon Walsh (NY) timely reporting by a body of individuals who Cleaver Kind Schwartz Frelinghuysen Mica Wamp are independent from the House. Clyburn Klein (FL) Scott (GA) Gallegly Miller (FL) Waters Cohen Lampson Scott (VA) Mr. Speaker, it is wholly fitting and proper Garrett (NJ) Miller (MI) Weldon (FL) Conyers Langevin Serrano that the Members of this House, along with all Gerlach Miller, Gary Weller Cooper Larsen (WA) Sestak Gilchrest Moran (KS) Westmoreland of the American people, paid fitting tribute to Costa Larson (CT) Shea-Porter Gingrey Murphy, Tim Whitfield (KY) the late President Gerald R. ‘‘Jerry’’ Ford, a Courtney Lee Sherman Gohmert Musgrave Wilson (NM) Cramer Levin Sires former leader in this House, who did so much Goode Myrick Wilson (SC) Crowley Lewis (GA) Slaughter Goodlatte Neugebauer Wittman (VA) to heal our Nation in the aftermath of Water- Cuellar Lipinski Smith (WA) Granger Nunes Wolf gate. Upon assuming the Presidency, Presi- Cummings Loebsack Snyder Graves Paul Young (AK) Davis (AL) Lofgren, Zoe Solis dent Ford assured the Nation: ‘‘My fellow Hall (TX) Pearce Young (FL) Americans, our long National nightmare is Davis (CA) Lowey Space Davis (IL) Lynch Spratt NOT VOTING—17 over.’’ By his words and deeds, President DeFazio Mahoney (FL) Stark Ford helped turn the country back on the right DeGette Maloney (NY) Stupak Boucher Oberstar Rush track. He will be forever remembered for his Delahunt Markey Sutton Capito Pryce (OH) Tancredo DeLauro Marshall Tauscher Davis, Lincoln Radanovich Thompson (MS) integrity, good character, and commitment to Dicks Matheson Taylor Hooley Rangel Woolsey the national interest. Doggett Matsui Thompson (CA) Kilpatrick Renzi Wynn This House today faces a similar challenge. Donnelly McCarthy (NY) Tierney Mitchell Ros-Lehtinen To restore public confidence in this institution, Doyle McCollum (MN) Towns Edwards McDermott Tsongas we must commit ourselves to being the most Ellison McGovern Udall (CO) b 2159 honest, most ethical, most responsive Con- Ellsworth McIntyre Udall (NM) Messrs. JOHNSON of Illinois, HIN- Emanuel McNerney Van Hollen gress in history. We can end the nightmare of CHEY, BUTTERFIELD, STUPAK, the last 6 years by putting the needs of the Engel McNulty Vela´ zquez Eshoo Meek (FL) Visclosky BISHOP of Georgia, and CLEAVER American people before those of the lobbyists Etheridge Michaud Walz (MN) changed their vote from ‘‘nay’’ to and special interests. To do that, we must es- Farr Miller (NC) Wasserman ‘‘yea.’’ tablish an independent Office of Congressional Fattah Miller, George Schultz Foster Mollohan Watson So the previous question was ordered. Ethics, and as such I offer my whole-hearted Frank (MA) Moore (KS) Watt The result of the vote was announced support to this legislation. Giffords Moore (WI) Waxman as above recorded. Mr. Speaker, I am proud to support H. Res. Gillibrand Moran (VA) Weiner 895 and I urge my colleagues to join me in Gonzalez Murphy (CT) Welch (VT) PARLIAMENTARY INQUIRIES Gordon Murphy, Patrick Wexler Mr. BLUNT. Mr. Speaker, parliamen- supporting this important legislation. Green, Al Murtha Wilson (OH) Ms. SUTTON. Mr. Speaker, I yield Green, Gene Nadler Wu tary inquiry. back the balance of my time, and I Grijalva Napolitano Yarmuth The SPEAKER pro tempore. The gen- tleman is recognized. move the previous question on the res- NAYS—206 olution. Mr. BLUNT. Am I right that the Abercrombie Bartlett (MD) Boehner The SPEAKER pro tempore. The Aderholt Barton (TX) Bonner rules of the House read, ‘‘A Record vote question is on ordering the previous Akin Biggert Bono Mack by electronic device shall not be held question. Alexander Bilbray Boozman open for the sole purpose of reversing The question was taken; and the Bachmann Bilirakis Boustany the outcome of such vote?’’ Bachus Bishop (UT) Boyd (FL) Speaker pro tempore announced that Baird Blackburn Brady (TX) The SPEAKER pro tempore. The gen- the ayes appeared to have it. Barrett (SC) Blunt Broun (GA) tleman is correct.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1533 Mr. BLUNT. Mr. Speaker, am I cor- The SPEAKER pro tempore. Any Mr. DREIER. Mr. Speaker, on that I rect that that was a rule change that Member on the prevailing side may demand the yeas and nays. was made this Congress this year? move to reconsider. The yeas and nays were ordered. The SPEAKER pro tempore. At the Mr. BOEHNER. Mr. Speaker, par- The SPEAKER pro tempore. Pursu- start of this Congress, that is correct. liamentary inquiry. ant to clause 8 and clause 9 of rule XX, Mr. BLUNT. Mr. Speaker, parliamen- The SPEAKER pro tempore. The gen- this 15-minute vote on adoption will be tary inquiry. Am I right in inquiring tleman from Ohio is recognized. followed by 5-minute votes on any that the majority has said that any Mr. BOEHNER. Mr. Speaker, did I question arising without intervening vote that doesn’t change for 3 minutes understand that to challenge the vote business; and the motion to suspend and then changes is a vote being on the previous question that it would the rules on H. Res. 936. changed for the purpose of changing rise to a question of the privileges of The vote was taken by electronic de- votes? the House? Is that correct? vice, and there were—yeas 229, nays The SPEAKER pro tempore. Has the The SPEAKER pro tempore. Such a 182, answered ‘‘present’’ 4, not voting gentleman asked the chair to interpret matter could qualify as a question of 15, as follows: what the majority has said? privilege. [Roll No. 122] Mr. BLUNT. May I restate my par- Mr. BOEHNER. Mr. Speaker, I be- liamentary inquiry, Mr. Speaker? lieve that the privileges of the House YEAS—229 The SPEAKER pro tempore. The gen- have been dishonored, that the rules Ackerman Green, Gene Murphy, Patrick tleman may restate the parliamentary have been violated. Allen Grijalva Murphy, Tim Altmire Gutierrez Nadler inquiry. The SPEAKER pro tempore. Does the Mr. BLUNT. Parliamentary inquiry. Andrews Hall (NY) Napolitano gentleman have a parliamentary in- Arcuri Hare Neal (MA) Mr. Speaker, if the rule is violated that quiry? The gentleman is recognized for Baca Harman Obey Baldwin Hastings (FL) the majority put in the rules package purposes of parliamentary inquiry. Olver this year, does that eviscerate the Barrow Hayes Ortiz Mr. BOEHNER. Mr. Speaker, when Bean Heller vote? Pallone could I introduce a privileged motion? Becerra Herseth Sandlin Pascrell The SPEAKER pro tempore. An al- The SPEAKER pro tempore. A privi- Berkley Higgins Payne leged violation of 2(a) of rule XX may Berman Hill leged resolution may be entertained Pelosi give rise to collateral challenge in the Berry Hinojosa Perlmutter after the conclusion of the pending Bilirakis Hirono form of a question of the privileges of Peterson (MN) rule. Bishop (NY) Hodes Platts Blumenauer Holden the House pursuant to rule IX. Pomeroy Mr. BOEHNER. Mr. Speaker, par- Boren Holt Mr. BLUNT. Parliamentary inquiry, Porter liamentary inquiry. Boswell Honda Mr. Speaker. Does this rule have any Price (NC) Boucher Hoyer The SPEAKER pro tempore. The gen- Rahall impact at all? Boyda (KS) Hulshof tleman is recognized for purposes of Ramstad Brady (PA) Inslee b 2200 parliamentary inquiry. Braley (IA) Israel Reyes The SPEAKER pro tempore. That is Mr. BOEHNER. If I can’t offer a priv- Brown-Waite, Jackson (IL) Reynolds Richardson not a proper parliamentary inquiry. ileged resolution until this business Ginny Jefferson Buchanan Johnson (GA) Rodriguez Mr. DREIER. Mr. Speaker, par- has been completed, there will have Butterfield Johnson (IL) Ross liamentary inquiry. been a vote taken on final passage of Capps Johnson, E. B. Rothman The SPEAKER pro tempore. The gen- this rule, which basically takes my Capuano Jones (NC) Ruppersberger Cardoza Kagen Ryan (OH) tleman from California is recognized. remedy away from me. I believe that Salazar Mr. DREIER. Mr. Speaker, I would Carnahan Kanjorski under the rule as written by the major- Carney Keller Sa´ nchez, Linda like to inquire of the Chair, what is the ity that a vote cannot be held open Castle Kennedy T. procedure to move ahead to ensure solely for the purpose of trying to Castor Kildee Sarbanes that we have enforcement of rule IX? Chabot Kind Schakowsky change the outcome. It was violated. Clarke Kirk Schiff The SPEAKER pro tempore. As pre- The SPEAKER pro tempore. The Clyburn Klein (FL) Schwartz viously stated, an alleged violation of Chair has described the challenge as Cohen Knollenberg Scott (GA) clause 2(a) of rule XX may give rise to collateral. Conyers Kucinich Scott (VA) collateral challenge in the form of a Cooper Kuhl (NY) Serrano An alleged violation of clause 2(a) of Costa Lampson Sestak question of the privileges of the House rule XX may give rise to collateral Courtney Langevin Shays pursuant to rule IX. challenge in the form of a question of Cramer Larsen (WA) Shea-Porter Mr. BLUNT. Parliamentary inquiry, the privileges of the House pursuant to Crowley Larson (CT) Sherman Cuellar Lee Mr. Speaker. rule IX. Sires The SPEAKER pro tempore. The gen- Cummings Levin Slaughter The question is on the resolution. Davis (AL) Lewis (GA) Smith (WA) tleman from Missouri is recognized. Mr. BOEHNER. Mr. Speaker, I move Davis (CA) Lipinski Snyder Mr. BLUNT. If the vote is necessary Davis (IL) LoBiondo Solis to adjourn. Davis, Lincoln Loebsack for another vote to occur, what’s the The SPEAKER pro tempore. The mo- Souder DeFazio Lofgren, Zoe Space parliamentary way to challenge that tion to adjourn is not in order. DeGette Lowey vote before the subsequent vote occurs? Spratt Mrs. CUBIN. Parliamentary inquiry, DeLauro Lynch Stupak Dent Mahoney (FL) The SPEAKER pro tempore. The Sutton Mr. Speaker. Diaz-Balart, L. Maloney (NY) challenge would occur collaterally— Tauscher The SPEAKER pro tempore. The gen- Diaz-Balart, M. Markey Taylor that is, after the fact. Dicks Marshall tlewoman from Wyoming is recognized Thompson (CA) Mr. FRANK of Massachusetts. Mr. Doggett Matheson for purposes of a parliamentary in- Tierney Donnelly Matsui Speaker, a parliamentary inquiry. Towns The SPEAKER pro tempore. The gen- quiry. Edwards McCarthy (NY) Ms. CUBIN. Mr. Speaker, I’m under Ellison McCollum (MN) Tsongas tleman from Massachusetts is recog- Udall (CO) the impression that the delegates from Ellsworth McDermott nized. Emanuel McGovern Udall (NM) Mr. FRANK of Massachusetts. Mr. the territories’ vote cannot be counted Engel McHugh Van Hollen ´ Speaker, is blatant hypocrisy a viola- when it makes a difference in the out- English (PA) McIntyre Velazquez come of the vote. So could you tell me Eshoo McNerney Visclosky tion of the rules of the House? Walz (MN) when those votes can be considered and Etheridge McNulty The SPEAKER pro tempore. That is Farr Meek (FL) Wasserman not a proper parliamentary inquiry. when they can’t be considered? Fattah Meeks (NY) Schultz Mr. BLUNT. Parliamentary inquiry, The SPEAKER pro tempore. The rule Fossella Michaud Watson Mr. Speaker. to which the gentlewoman refers is ap- Foster Miller (MI) Watt Frank (MA) Miller (NC) Waxman The SPEAKER pro tempore. The gen- plicable to the Committee of the Whole Gerlach Miller, George Weiner tleman from Missouri is recognized for only. Giffords Mollohan Welch (VT) purposes of parliamentary inquiry. The question is on the resolution. Gillibrand Moore (KS) Wexler Mr. BLUNT. What is the proper mo- The question was taken; and the Gonzalez Moore (WI) Wilson (OH) Gordon Moran (KS) Wittman (VA) tion to ask that that vote be reconsid- Speaker pro tempore announced that Graves Moran (VA) Wu ered? the ayes appeared to have it. Green, Al Murphy (CT) Yarmuth

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1534 CONGRESSIONAL RECORD — HOUSE March 11, 2008 NAYS—182 The text of House Resolution 895, as be designated at the time of appointment to Abercrombie Forbes Nunes amended, is as follows: serve only for the remainder of that Con- gress. Any such individual may be re- Aderholt Fortenberry Pastor H. RES. 895 Akin Foxx Paul appointed for an additional term of two Con- Alexander Franks (AZ) Pearce Resolved, gresses. Bachmann Frelinghuysen Pence SECTION 1. ESTABLISHMENT OF THE OFFICE OF (C) Any member of the board may be re- Bachus Gallegly Peterson (PA) CONGRESSIONAL ETHICS. moved from office for cause by the Speaker Baird Garrett (NJ) Petri (a) ESTABLISHMENT.—For the purpose of as- and the minority leader, acting jointly, but Barrett (SC) Gilchrest Pickering sisting the House in carrying out its respon- not by either, acting alone. Bartlett (MD) Gingrey Pitts sibilities under article I, section 5, clause 2 (7) A member of the board shall not be con- Barton (TX) Gohmert Poe Biggert Goode of the Constitution (commonly referred to as sidered to be an officer or employee of the Price (GA) the ‘‘Discipline Clause’’), there is established House, but shall receive a per diem equal to Bilbray Goodlatte Putnam Bishop (GA) Granger Regula in the House an independent office to be the daily equivalent of the minimum rate of Bishop (UT) Hall (TX) Rehberg known as the Office of Congressional Ethics basic pay payable for GS–15 of the General Blackburn Hastings (WA) Reichert (hereinafter in this section referred to as the Schedule for each day (including travel time) Blunt Hensarling Rogers (AL) ‘‘Office’’). during which such member is engaged in the Boehner Herger Rogers (KY) (b) BOARD.—(1) The Office shall be gov- performance of the duties of the board. Bonner Hinchey Rogers (MI) (8) A majority of the members of the board Bono Mack Hobson erned by a board consisting of six individuals Rohrabacher of whom three shall be nominated by the shall constitute a quorum. Boozman Hoekstra Roskam Boustany Hunter Speaker subject to the concurrence of the (9) The board shall meet at the call of the Royce Boyd (FL) Inglis (SC) chairman or a majority of its members pur- Ryan (WI) minority leader and three shall be nomi- Brady (TX) Issa suant to its rules. Sali nated by the minority leader subject to the Broun (GA) Jackson-Lee (c) POWERS.—The board is authorized and Sanchez, Loretta concurrence of the Speaker. The Speaker Brown (SC) (TX) directed to: Saxton shall nominate at least one alternate board Brown, Corrine Johnson, Sam Schmidt (1)(A) Within 7 calendar days (excluding Burgess Jordan member subject to the concurrence of the Sensenbrenner Saturdays, Sundays, and public holidays) Burton (IN) Kaptur minority leader and the minority leader Sessions after receipt of a joint written request from Buyer King (IA) shall nominate at least one alternate board Shadegg 2 members of the board (one of whom was Calvert King (NY) member subject to the concurrence of the Shimkus nominated by the Speaker and one by the Camp (MI) Kingston Speaker. If any vacancy occurs in the board, Campbell (CA) Kline (MN) Shuler minority leader) to all board members to un- Shuster then the most senior alternate board mem- dertake a preliminary review of any alleged Cannon LaHood ber nominated by the same individual who Cantor Lamborn Simpson violation by a Member, officer, or employee Carter Latham Skelton nominated the member who left the board of the House of any law, rule, regulation, or Smith (NE) Chandler LaTourette shall serve on the board until a permanent other standard of conduct applicable to the Clay Latta Smith (NJ) replacement is selected. If a permanent ap- Smith (TX) conduct of such Member, officer, or em- Cleaver Lewis (CA) pointment is not made within 90 days, the al- ployee in the performance of his duties or Coble Lewis (KY) Stark ternate member shall be deemed to have Cole (OK) Linder Stearns the discharge of his responsibilities, along Sullivan been appointed for the remainder of the term with a brief description of the specific mat- Conaway Lucas of the member who left the board and the Costello Lungren, Daniel Tanner ter, initiate a preliminary review and notify Crenshaw E. Terry Speaker or the minority leader, as applica- in writing— Cubin Mack Thornberry ble, shall nominate a new alternate subject (i) the Committee on Standards of Official Culberson Manzullo Tiahrt to the concurrence of the other leader. Conduct of that preliminary review and pro- Davis (KY) Marchant Tiberi (2) The Speaker and the minority leader vide a statement of the nature of the review; Turner Davis, David McCarthy (CA) each shall appoint individuals of exceptional and Davis, Tom McCaul (TX) Upton public standing who are specifically qualified Walberg (ii) any individual who is the subject of the Deal (GA) McCotter to serve on the board by virtue of their edu- Dingell McCrery Walden (OR) preliminary review and provide such indi- Doolittle McHenry Walsh (NY) cation, training, or experience in one or vidual with a statement of the nature of the Drake McKeon Wamp more of the following fields: legislative, ju- review. Dreier McMorris Waters dicial, regulatory, professional ethics, busi- (B) Within 30 calendar days or 5 legislative Duncan Rodgers Weldon (FL) ness, legal, and academic. days, whichever is later, after receipt of a re- Ehlers Melancon Weller (3) The Speaker shall designate one mem- quest under subparagraph (A), complete a Emerson Mica Westmoreland ber of the board as chairman. The minority preliminary review. Everett Miller (FL) Whitfield (KY) leader shall designate one member of the (C) Before the end of the applicable time Fallin Miller, Gary Wilson (NM) period, vote on whether to commence a sec- Feeney Murtha Wilson (SC) board as cochairman. The cochairman shall Ferguson Musgrave Wolf act as chairman in the absence of the chair- ond-phase review of the matter under consid- Filner Myrick Young (AK) man. eration. An affirmative vote of at least 3 Flake Neugebauer Young (FL) (4)(A) Selection and appointment of mem- members of the board is required to com- bers of the board shall be without regard to mence a second-phase review. If no such vote ANSWERED ‘‘PRESENT’’—4 political affiliation and solely on the basis of to commence a second-phase review has suc- Delahunt Jones (OH) fitness to perform their duties. ceeded by the end of the applicable time pe- Doyle Roybal-Allard (B)(i) No individual shall be eligible for ap- riod, the matter is terminated. At any point NOT VOTING—15 pointment to, or service on, the board who— before the end of the applicable time period, (I) is a lobbyist registered under the Lob- the board may vote to terminate a prelimi- Capito Pryce (OH) Rush Hooley Radanovich Tancredo bying Disclosure Act of 1995; nary review by the affirmative vote of not Kilpatrick Rangel Thompson (MS) (II) has been so registered at any time dur- less than 4 members. The board shall notify, Mitchell Renzi Woolsey ing the year before the date of appointment; in writing, the individual who was the sub- Oberstar Ros-Lehtinen Wynn (III) engages in, or is otherwise employed ject of the preliminary review and the Com- in, lobbying of the Congress; mittee on Standards of Official Conduct of b 2227 (IV) is an agent of a foreign principal reg- its decision to either terminate the prelimi- istered under the Foreign Agents Registra- nary review or commence a second-phase re- Mr. GILCHREST changed his vote from tion Act; view of the matter. If the board votes to ter- ‘‘yea’’ to ‘‘nay.’’ (V) is a Member; or minate the preliminary review, then it may Messrs. MEEKS of New York, (VI) is an officer or employee of the Fed- send a report and any findings to such com- MCHUGH, WITTMAN of Virginia, eral Government. mittee. ORTIZ, HINOJOSA, REYNOLDS, (ii) No individual who has been a Member, (2)(A)(i) Except as provided by item (ii), officer, employee of the House may be ap- HILL, and ENGLISH of Pennsylvania complete a second-phase review within 45 pointed to the board sooner than one year calendar days or 5 legislative days, which- changed their vote from ‘‘nay’’ to after ceasing to be a Member, officer, or em- ever is later, after the board commences ‘‘yea.’’ ployee of the House. such review. So the resolution was agreed to. (5) A vacancy on the board shall be filled (ii) Extend the period described in subpara- The result of the vote was announced for the unexpired portion of the term, uti- graph (A) for one additional period of 14 cal- as above recorded. lizing the process set forth in paragraph (1). endar days upon the affirmative vote of a A motion to reconsider was laid on (6)(A) Except as provided by subparagraph majority of its members, a quorum being the table. (B), terms on the board shall be for two Con- present. gresses. A member of the board may not (B) Transmit to the Committee on Stand- The SPEAKER pro tempore (Mr. serve during more than four consecutive ards of Official Conduct a recommendation WEINER). By the adoption of House Res- Congresses. that a matter requires further review only olution 1031, House Resolution 895, as (B) Of the individuals appointed in the upon the affirmative vote of not less than 4 amended, stands adopted. 110th Congress to serve on the board, 4 shall members of the board.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1535 (C) Upon the completion of any second- that the board cease its review of any matter gress solely by the affirmative vote of at phase review undertaken— and refer such matter to the committee be- least 4 members of the board. (i) transmit to the Committee on Stand- cause of the ongoing investigation of such (j) REIMBURSEMENTS.—The board may re- ards of Official Conduct the following— matter by the committee, the board shall imburse its members and staff for travel, (I) a written report composed solely of— refer such matter to the committee and subsistence, and other necessary expenses in- (aa) a recommendation that the committee cease its preliminary or second-phase review, curred by them in the performance of their should dismiss the matter that was the sub- as applicable, of that matter and so notify duties in the same manner as is permissible ject of such review; any individual who is the subject of the re- for such expenses of other employees of the (bb) a statement that the matter requires view. In any such case, the board shall send House. further review; or a written report to the committee con- (k) AGREEMENTS; RETENTION OF DOCUMENTS (cc) a statement that the matter is unre- taining a statement that, upon the request BY THE CLERK.—(1) Before any individual who solved because of a tie vote; and of that committee, the matter is referred to is appointed to serve on the board (including an individual who is an alternate) or before the number of members voting in the affirm- it for its consideration, but not any findings. any individual is hired to be a staff member ative and in the negative and a statement of (2) If the Committee on Standards of Offi- of the Office may do so, the individual shall the nature of the review and the individual cial Conduct notifies the board in writing execute a signed document containing the who is the subject of the review; that it is unable to resolve any matter de- following statement: ‘‘I agree not to be a (II) its findings, if any, composed solely scribed in paragraph (1), the board shall im- candidate for the office of Senator or Rep- of— mediately begin or continue, as the case may be, a second-phase review of the matter. resentative in, or Delegate or Resident Com- (aa) any findings of fact; missioner to, the Congress for purposes of (bb) a description of any relevant informa- (e) LIMITATIONS ON REVIEW.—No review shall be undertaken by the board of any al- the Federal Election Campaign Act of 1971 tion that it was unable to obtain or wit- until at least 3 years after I am no longer a nesses whom it was unable to interview, and leged violation of law, rule, regulation or standard of conduct not in effect at the time member of the board or staff of the Office of the reasons therefor; Congressional Ethics.’’ (cc) a recommendation for the issuance of of the alleged violation; nor shall any review be undertaken by the board of any alleged (2) Copies of the signed and executed docu- subpoenas where appropriate, if any; and ment shall be retained by the Clerk as part (dd) a citation of any relevant law, rule, violation that occurred before the date of adoption of this resolution. of the records of the House. The Clerk shall regulation, or standard of conduct; make the signatures a matter of public (f) PROHIBITION ON PUBLIC DISCLOSURE.— but not the names of any cooperative wit- (1)(A) When an individual becomes a member record, causing the names of each individual nesses or any conclusions regarding the va- of the board or staff of the Office, that indi- who has signed the document to be published lidity of the allegations upon which it is vidual shall execute the following oath or af- in a portion of the Congressional Record de- based or the guilt or innocence of the indi- firmation in writing: ‘‘I do solemnly swear signed for that purpose, and make cumu- vidual who is the subject of the review; and (or affirm) that I will not disclose to any per- lative lists of such names available on the web site of the Clerk. (III) any supporting documentation; and son or entity outside of the Office any infor- (ii) transmit to the individual who is the (3) The following rules shall be applicable mation received in the course of my service subject of the second-phase review the writ- to the staff of the Office: with the Office, except as authorized by the ten report of the board described in clause (A) The staff is to be assembled and re- board as necessary to conduct official busi- (i). tained as a professional, nonpartisan staff. ness or pursuant to its rules.’’. Copies of the (D) Hold such hearings as are necessary (B) Each member of the staff shall be pro- executed oath shall be provided to the Clerk and sit and act only in executive session at fessional and demonstrably qualified for the of the House as part of the records of the such times and places and solicit such testi- position for which he is hired. House. (C) The staff as a whole and each member mony and receive such relevant evidence as (B) No testimony received or any other in- of the staff shall perform all official duties may be necessary to carry out its duties. formation obtained as a member of the board in a non-partisan manner. (E) Pay witnesses appearing before the Of- or staff of the Office shall be publicly dis- (D) No member of the staff shall engage in fice in the same manner as prescribed by closed by any such individual to any person any partisan political activity directly af- clause 5 of rule XI of the Rules of the House or entity outside the Office. Any commu- fecting any congressional or presidential of Representatives. nication to any person or entity outside the election. (F) Adopt rules to carry out its duties, Office may occur only as authorized by the (E) No member of the staff may accept which shall include each of the following: board as necessary to conduct official busi- public speaking engagements or write for (i) A rule providing that— ness or pursuant to its rules. publication on any subject that is in any (I) the board may vote to terminate a pre- (C) The Office shall establish procedures way related to his or her employment or du- liminary review on any ground, including necessary to prevent the unauthorized dis- ties with the Office without specific prior ap- that the matter under review is de minimis closure of any information received by the proval from the chairman and cochairman. in nature; and Office. Any breaches of confidentiality shall (1) FUNDING.—There shall be paid out of the (II) the board may vote to recommend to be investigated by the board and appropriate applicable accounts of the House such sums the Committee on Standards of Official Con- action shall be taken. as may be necessary for the expenses of the duct that the committee should dismiss a (2) Paragraph (1) shall not preclude pre- Office. Such payments shall be made on matter that was the subject of a second- senting its report or findings or testifying vouchers signed by the chairman of the phase review on any ground, including that before the Committee on Standards of Offi- board and approved in the manner directed the matter under review is de minimis in na- cial Conduct by any member of the board or by the Committee on House Administration. ture. staff of the Office if requested by such com- Amounts made available under this section (ii) A rule requiring that all witnesses sign mittee pursuant to its rules. shall be expended in accordance with regula- a statement acknowledging their under- (3) Before the board votes on a rec- tions prescribed by the Committee on House standing that the text of section 1001 of title ommendation or statement to be trans- Administration. 18, United States Code (popularly known as mitted to the Committee on Standards of Of- (m) DEFINITION.—As used in this section, the False Statements Act) applies to their ficial Conduct relating to official conduct of the term ‘‘Member’’ means any Representa- testimony and to any documents they pro- any Member, officer, or employee of the tive in, or Delegate or Resident Commis- vide. House, it shall provide that individual the sioner to, the Congress. (iii) A rule requiring that there be no ex opportunity to present, orally or in writing SEC. 2. FINANCIAL DISCLOSURE REPORTS. parte communications between any member (at the discretion of the board), a statement Rule XXVI of the Rules of the House of of the board or staff of the Office and any in- to the board. Representatives is amended by adding at the dividual who is the subject of any review by (g) PRESENTATION OF REPORTS TO COM- end the following new clause: the board or between any member and any MITTEE ON STANDARDS OF OFFICIAL CON- ‘‘3. Members of the board of the Office of interested party, and that no Member, offi- DUCT.—Whenever the board transmits any re- Congressional Ethics shall file annual finan- cer, or employee of the House may commu- port to the Committee on Standards of Offi- cial disclosure reports with the Clerk of the nicate with any member of the board or staff cial Conduct relating to official conduct of House on or before May 15 of each calendar of the Office regarding any matter under re- any Member, officer, or employee of the year after any year in which they perform view by the board except as authorized by House, it shall designate a member of the the duties of that position. Such reports the board. board or staff to present the report to such shall be on a form prepared by the Clerk that (iv) A rule that establishes a code of con- committee if requested by such committee. is substantially similar to form 450 of the Of- duct to govern the behavior of its members (h) COMPENSATION OF STAFF.—Upon the af- fice of Government Ethics. The Clerk shall and staff, which shall include the avoidance firmative vote of at least 4 of its members, send a copy of each such report filed with the of conflicts of interest. the board may appoint and fix the compensa- Clerk within the seven-day period beginning (d) REQUESTS FROM COMMITTEE ON STAND- tion of such professional, non-partisan staff on the date on which the report is filed to ARDS OF OFFICIAL CONDUCT.—(1) Notwith- as it considers necessary to perform its du- the Committee on Standards of Official Con- standing any other provision of this section, ties. duct and shall have them printed as a House upon receipt of a written request from the (i) TERMINATION OF STAFF.—Members of document and made available to the public Committee on Standards of Official Conduct the staff may be terminated during a Con- pursuant to clause 1.’’.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1536 CONGRESSIONAL RECORD — HOUSE March 11, 2008 SEC. 3. CONFORMING AMENDMENTS TO THE and upon the expiration of the Congress in lation, or other standard of conduct applica- RULES OF THE HOUSE. which the report is made public, the com- ble to the conduct of such Member, officer, Clause 3 of rule XI of the Rules of the mittee shall make public any findings. or employee in the performance of his duties House of Representatives is amended as fol- ‘‘(C)(i) If, after receipt of a written report or the discharge of his responsibilities before lows: and any findings and supporting documenta- 120 days after the date of adoption of this (1) In paragraph (b)(2), strike ‘‘or’’ at the tion regarding a referral from the board of resolution. end of subparagraph (A), strike the period the Office of Congressional Ethics or of a re- and insert ‘‘; or’’ at the end of subparagraph ferral of the matter from the board pursuant f (B), and add at the end the following new to a request under paragraph (r), the com- ADJOURNMENT subparagraph: mittee agrees to a request from an appro- ‘‘(C) upon receipt of a report regarding a priate law enforcement or regulatory author- Ms. SUTTON. Mr. Speaker, I move referral from the board of the Office of Con- ity to defer taking action on the matter— that the House do now adjourn. gressional Ethics.’’ ‘‘(I) notwithstanding subdivision (A)(i), the (2) At the end of paragraph (b), add the fol- The SPEAKER pro tempore. The committee is not required to make public lowing new subparagraph: question is on the motion to adjourn. the written report and findings described in ‘‘(8)(A) Except as provided by subdivisions The question was taken; and the such subdivision, except that if the rec- (B), (C), and (D), not later than 45 calendar ommendation of the board with respect to Speaker pro tempore announced that days or 5 legislative days, whichever is later, the report is that the matter requires fur- the ayes appeared to have it. after receipt of a written report and any ther review, the committee shall make pub- Mr. DREIER. Mr. Speaker, on that I findings and supporting documentation re- lic the written report but not the findings; garding a referral from the board of the Of- demand the yeas and nays. and fice of Congressional Ethics or of a referral The yeas and nays were ordered. ‘‘(II) before the end of the first day (exclud- of the matter from the board pursuant to a The vote was taken by electronic de- ing Saturdays, Sundays, and public holidays) request under paragraph (r), the chairman of vice, and there were—yeas 216, nays after the day that the committee agrees to the Committee on Standards of Official Con- 186, not voting 27, as follows: the request, the committee shall make a duct shall make public the written report public statement that it is deferring taking [Roll No. 123] and findings of the board unless the chair- action on the matter at the request of such YEAS—216 man and ranking member, acting jointly, de- authority. cide or the committee votes to withhold such Abercrombie Farr McNerney ‘‘(ii) If, upon the expiration of the one-year information for not more than one addi- Ackerman Fattah McNulty period that begins on the date the committee Allen Feeney Meek (FL) tional period of the same duration, in which makes the public statement described in Andrews Filner Meeks (NY) case the chairman shall— Arcuri Frank (MA) Michaud ‘‘(i) upon the termination of such addi- item (i)(II), the committee has not acted on the matter, the committee shall make a new Baca Gillibrand Miller (NC) tional period, make public the written report Baird Gonzalez Miller, George and findings; and public statement that it is still deferring Baldwin Gordon Moore (KS) ‘‘(ii) upon the day of such decision or vote, taking action on the matter, and shall make Barrow Graves Moore (WI) make a public statement that the committee a new statement upon the expiration of each Bartlett (MD) Green, Al Moran (VA) has voted to extend the matter relating to succeeding one-year period during which the Bean Grijalva Murphy (CT) the referral made by the board of the Office committee has not acted on the matter. Becerra Gutierrez Murphy, Patrick Berkley Hall (NY) Nadler of Congressional Ethics regarding the Mem- ‘‘(D) The committee may not receive any referral from the board of the Office of Con- Berman Hare Napolitano ber, officer, or employee of the House who is Berry Harman Neal (MA) the subject of the applicable referral. gressional Ethics within 60 days before a Bishop (GA) Hastings (FL) Obey Federal, State, or local election in which the At least one calendar day before the com- Bishop (NY) Herseth Sandlin Olver subject of the referral is a candidate. The mittee makes public any written report and Blumenauer Higgins Ortiz committee may delay any reporting require- Boren Hill Pallone findings of the board, the chairman shall no- ment under this subparagraph that falls Boswell Hinchey Pastor tify such board and the applicable Member, within that 60-day period until the end of Boyd (FL) Hinojosa Paul officer, or employee of that fact and trans- such period and in that case, for purposes of Boyda (KS) Hirono Payne mit to such individual a copy of the state- Brady (PA) Hobson Perlmutter subdivision (A), days within the 60-day pe- ment on the committee’s disposition of, and Braley (IA) Hodes Peterson (MN) riod shall not be counted. any committee report on, the matter. Brown (SC) Holt Pickering ‘‘(B)(i) Notwithstanding subdivision (A)(i), ‘‘(E) If, at the close of any applicable pe- Brown, Corrine Honda Pomeroy if the committee votes to dismiss a matter riod for a reporting requirement under this Buchanan Hoyer Price (NC) subparagraph with respect to a referral from Butterfield Inslee Reyes which is the subject of a referral from the Capps Israel Richardson board of the Office of Congressional Ethics, the board of the Office of Congressional Eth- ics, the vote of the committee is a tie or the Capuano Jackson (IL) Rodriguez the committee is not required to make pub- Cardoza Jackson-Lee Ross committee fails to act, the report and the lic the written report and findings described Carnahan (TX) Rothman in such subdivision unless the committee’s findings of the board shall be made public by Castor Jefferson Roybal-Allard vote is inconsistent with the recommenda- the committee, along with a public state- Chandler Johnson (GA) Ruppersberger tion of the board. For purposes of the pre- ment by the chairman explaining the status Clarke Johnson (IL) Ryan (OH) of the matter.’’. Clay Johnson, E. B. Salazar vious sentence, a vote by the committee to Cleaver Jones (NC) Sa´ nchez, Linda dismiss a matter is not inconsistent with a (3) At the end, add the following new para- graph: Clyburn Jones (OH) T. report from the board respecting the matter Coble Kagen Sanchez, Loretta ‘‘(r) Upon receipt of any written notifica- as unresolved due to a tie vote. Cohen Kanjorski Sarbanes ‘‘(ii) Notwithstanding subdivision (A)(ii), if tion from the board of the Office of Congres- Cooper Kaptur Schakowsky the board transmits a report respecting any sional Ethics that the board is undertaking a Costa Kennedy Schiff matter with a recommendation to dismiss or review of any alleged conduct of any Mem- Costello Kildee Schwartz as unresolved due to a tie vote, and the com- ber, officer, or employee of the House and if Courtney Kind Scott (GA) Crowley King (IA) Scott (VA) mittee votes to extend the matter for an ad- the committee is investigating such matter, the committee may at any time so notify the Cuellar Klein (FL) Serrano ditional period as provided in subdivision Cummings Langevin Sestak (A), the committee is not required to make a board and request that the board cease its Davis (AL) Larsen (WA) Shea-Porter public statement that the committee has review and refer the matter to the com- Davis (CA) Larson (CT) Sherman voted to extend the matter. mittee for its consideration. If at the end of Davis (IL) Lee Shuler ‘‘(iii) Except as provided by subdivision the applicable time period (including any Davis (KY) Levin Sires (E), if the committee establishes an inves- permissible extension) the committee has Davis, Lincoln Lewis (GA) Skelton DeFazio Lewis (KY) Slaughter tigative subcommittee respecting any such not reached a final resolution of the matter or has not referred the matter to the appro- DeGette Linder Smith (WA) matter, then the report and findings of the Delahunt Lipinski Snyder board shall not be made public until the con- priate Federal or State authorities, the com- DeLauro Loebsack Solis clusion of the investigative subcommittee mittee shall so notify the board of the Office Dicks Lofgren, Zoe Space process and the committee shall issue a pub- of Congressional Ethics in writing. The com- Dingell Lowey Stark lic statement of the establishment of an in- mittee may not request the same matter Doggett Lynch Sutton vestigative subcommittee, which statement from the board more than one time.’’. Doolittle Mahoney (FL) Tanner Doyle Maloney (NY) Tauscher SEC. 4. EFFECTIVE DATE. shall include the name of the applicable Edwards Markey Taylor Member, officer, or employee, and shall set This resolution and the amendments made Ellison Marshall Thompson (CA) forth the alleged violation. If any such inves- by it shall take effect on the date of its adop- Emanuel Matheson Tierney tigative subcommittee does not conclude its tion, except that the Office of Congressional Emerson Matsui Towns review within one year after the board trans- Ethics shall not undertake any review of any Engel McCollum (MN) Tsongas mits a report respecting any matter, then alleged violation by a Member, officer, or Eshoo McGovern Udall (CO) the committee shall make public the report employee of the House of any law, rule, regu- Etheridge McIntyre Van Hollen

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1537 Vela´ zquez Watson Wexler OATH OF OFFICE MEMBERS, RESI- partment’s final rule — Expanded Authoriza- Visclosky Waxman Whitfield (KY) DENT COMMISSIONER, AND DEL- tion for Temporary Exports and Reexports of Wasserman Weiner Wilson (OH) Tools of Trade to Sudan [Docket No. Schultz Welch (VT) Wu EGATES Waters Weldon (FL) Yarmuth 071129776-7777-01] (RIN: 0694-AE20) received The oath of office required by the February 28, 2008, pursuant to 5 U.S.C. NAYS—186 sixth article of the Constitution of the 801(a)(1)(A); to the Committee on Foreign Af- Aderholt Frelinghuysen Musgrave United States, and as provided by sec- fairs. Akin Gallegly Myrick tion 2 of the act of May 13, 1884 (23 5680. A letter from the Chief Counsel (For- Alexander Garrett (NJ) Neugebauer Stat. 22), to be administered to Mem- eign Assets Control), Department of the Altmire Gerlach Nunes Treasury, transmitting the Department’s Bachmann Giffords Pearce bers, Resident Commissioner, and Dele- final rule — Iranian Assets Control Regula- Bachus Gilchrest Pence gates of the House of Representatives, tions, Narcotices Trafficking Sanctions Reg- Barrett (SC) Gingrey Peterson (PA) the text of which is carried in 5 U.S.C. Barton (TX) Gohmert Petri ulations, Burmese Sanctions Regulations, Biggert Goode Pitts 3331: Sudanese Sanctions Regulations, Weapons of Bilbray Goodlatte Platts ‘‘I, AB, do solemnly swear (or af- Mass Destruction Trade Control Regulations Bilirakis Granger Poe firm) that I will support and defend — received February 20, 2008, pursuant to 5 Bishop (UT) Green, Gene Porter U.S.C. 801(a)(1)(A); to the Committee on For- Blackburn Hall (TX) Price (GA) the Constitution of the United States against all enemies, foreign eign Affairs. Blunt Hastings (WA) Putnam 5681. A letter from the Director, U.S. Fish Boehner Hayes Rahall and domestic; that I will bear true and Wildlife Service, Department of the Inte- Bonner Heller Ramstad faith and allegiance to the same; Bono Mack Hensarling Regula rior, transmitting the Department’s final Boozman Herger Rehberg that I take this obligation freely, rule — Endangered and Threatened Wildlife Boucher Hoekstra Reichert without any mental reservation or and Plants; Final Rule Designating the Boustany Hulshof Reynolds purpose of evasion; and that I will Northern Rocky Mountain Population of Brady (TX) Hunter Rogers (AL) Gray Wolf as a Distinct Population Segment Broun (GA) Inglis (SC) Rogers (KY) well and faithfully discharge the duties of the office on which I am and Removing This Distinct Population Seg- Brown-Waite, Issa Rogers (MI) ment From the Federal List of Endangered Ginny Jordan Rohrabacher about to enter. So help me God.’’ Burgess Keller Roskam and Threatened Wildlife [[FWS-R6-ES-2008- Burton (IN) King (NY) Royce has been subscribed to in person and 008] [92220-1113-0000; ABC Code: C6]] (RIN: Buyer Kingston Ryan (WI) filed in duplicate with the Clerk of the 1018-AU53) received February 28, 2008, pursu- Calvert Kirk Sali House of Representatives by the fol- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Camp (MI) Kline (MN) Schmidt lowing Member of the 110th Congress, on Natural Resources. Campbell (CA) Knollenberg Sensenbrenner pursuant to the provisions of 2 U.S.C. 5682. A letter from the Acting Director Of- Cannon Kucinich Sessions fice of Sustainable Fisheries, NMFS, Na- Cantor Kuhl (NY) Shadegg 25: tional Oceanic and Atmospheric Administra- Carney LaHood Shays BILL FOSTER, Illinois, Fourteenth. Carter Lamborn Shimkus tion, transmitting the Administration’s final Castle Lampson Shuster f rule — Atlantic Highly Migratory Species; Chabot Latham Simpson EXECUTIVE COMMUNICATIONS, Atlantic Bluefin Tuna Fisheries (RIN: 0648- Cole (OK) LaTourette Smith (NE) XF39) received February 28, 2008, pursuant to Conaway Latta Smith (NJ) ETC. 5 U.S.C. 801(a)(1)(A); to the Committee on Crenshaw Lewis (CA) Smith (TX) Under clause 8 of rule XII, executive Natural Resources. Cubin LoBiondo Souder 5683. A letter from the Administrator, En- Culberson Lucas Stearns communications were taken from the vironmental Protection Agency, transmit- Davis, David Lungren, Daniel Stupak Speaker’s table and referred as follows: ting the Agency’s 2004 Clean Watersheds Davis, Tom E. Sullivan 5674. A letter from the Congressional Re- Deal (GA) Mack Terry Needs Survey, as required by Section Dent Manzullo Thornberry view Coordinator, Department of Agri- 516(b)(1)(B) of the Clean Water Act; to the Diaz-Balart, L. Marchant Tiahrt culture, transmitting the Department’s final Committee on Transportation and Infra- Diaz-Balart, M. McCarthy (CA) Tiberi rule — Add Mauritius to the List of Regions structure. Donnelly McCaul (TX) Turner Where African Swine Fever Exists [Docket 5684. A letter from the Assistant Secretary Drake McCotter Udall (NM) No. APHIS-2007-0151] received February 20, for Import Administration, Department of Dreier McCrery Upton 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Commerce, transmitting the annual report Duncan McDermott Walberg Committee on Agriculture. Ehlers McHenry Walden (OR) on the activities of the Foreign-Trade Zones Ellsworth McHugh Walsh (NY) 5675. A letter from the Congressional Re- Board for fiscal year 2006, pursuant to 19 English (PA) McKeon Walz (MN) view Coordinator, Department of Agri- U.S.C. 81p(c); to the Committee on Ways and Everett McMorris Wamp culture, transmitting the Department’s final Means. Fallin Rodgers Watt rule — Mediterranean Fruit Fly; Add Por- 5685. A letter from the Chief, Publications Ferguson Mica Westmoreland tion of Los Angeles County, CA, to the List and Regulations, Internal Revenue Service, Flake Miller (FL) Wilson (NM) of Quarantined Areas [Docket No. APHIS- transmitting the Service’s final rule — Sub- Forbes Miller (MI) Wilson (SC) 2008-0004] received February 20, 2008, pursu- Fortenberry Miller, Gary Wittman (VA) stitute for Return [TD 9380] (RIN: 1545-BC45) Fossella Mollohan Wolf ant to 5 U.S.C. 801(a)(1)(A); to the Committee received February 25, 2008, pursuant to 5 Foxx Moran (KS) Young (AK) on Agriculture. U.S.C. 801(a)(1)(A); to the Committee on Franks (AZ) Murphy, Tim Young (FL) 5676. A letter from the Director, Defense Ways and Means. Procurement and Acquisition Policy, De- 5686. A letter from the Assistant Secretary NOT VOTING—27 partment of Defense, transmitting the De- for Legislative Affairs, Department of Home- Capito Melancon Ros-Lehtinen partment’s final rule — Defense Federal Ac- land Security, transmitting the Depart- Conyers Mitchell Rush quisition Regulation Supplement; Codifica- ment’s report entitled, ‘‘The Federal Agency Cramer Murtha Saxton tion and Modification of Berry Amendment Foster Oberstar Spratt Data Mining Reporting Act of 2007,’’ pursu- Holden Pascrell Tancredo [DFARS Case 2002-D002] (RIN: 0750-AD76) re- ant to Section 804 of the Implementing Rec- Hooley Pryce (OH) Thompson (MS) ceived February 25, 2008, pursuant to 5 U.S.C. ommendations of the 9/11 Commission Act of Johnson, Sam Radanovich Weller 801(a)(1)(A); to the Committee on Armed 2007; to the Committee on Homeland Secu- Kilpatrick Rangel Woolsey Services. rity. McCarthy (NY) Renzi Wynn 5677. A letter from the Secretary, Depart- 5687. A letter from the Chairman, Federal ment of Health and Human Services, trans- Deposit Insurance Corporation, transmitting b 2243 mitting the Department’s report on the in accordance with the provisions of section Community Services Block Grant Discre- 17(a) of the Federal Deposit Insurance Act, Mr. ALTIMIRE changed his vote tionary Activities: Community Economic the Chief Financial Officers Act of 1990, Pub. from ‘‘yea’’ to ‘‘nay.’’ Development and Rural Community Facili- L. 101–576, and the Government Performance Ms. MOORE of Wisconsin changed ties Funded During Fiscal Year 2003; to the and Results Act of 1993, the Corporation’s her vote from ‘‘nay’’ to ‘‘yea.’’ Committee on Education and Labor. 2007 Annual Report; jointly to the Commit- So the motion to adjourn was agreed 5678. A letter from the Chairman, Nuclear tees on Financial Services and Oversight and to. Regulatory Commission, transmitting the Government Reform. The result of the vote was announced Commission’s report entitled, ‘‘Radiation 5688. A letter from the Program Manager, as above recorded. Source Use and Replacement,’’ pursuant to Department of Health and Human Services, Public Law 109-58, section 651(d); to the Com- transmitting the Department’s final rule — Accordingly (at 10 o’clock and 44 mittee on Energy and Commerce. Medicare Program; Prior Determination for minutes p.m.) the House adjourned 5679. A letter from the Acting Assistant Certain Items and Services [CMS-6024-F] until tomorrow, Wednesday, March 12, Secretary for Export Administration, De- (RIN: 0938-AN10) received February 25, 2008, 2008, at 10 a.m. partment of Commerce, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); jointly to

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1538 CONGRESSIONAL RECORD — HOUSE March 11, 2008 the Committees on Energy and Commerce By Mr. CASTLE (for himself and Mr. By Mr. MELANCON: and Ways and Means. KANJORSKI): H.R. 5589. A bill to modify the project for H.R. 5579. A bill to remove an impediment navigation, Atchafalaya River and Bayous f to troubled debt restructuring on the part of Chene, Boeuf, and Black, Louisiana, to in- REPORTS OF COMMITTEES ON holders of residential mortgage loans, and clude an additional area, and for other pur- PUBLIC BILLS AND RESOLUTIONS for other purposes; to the Committee on Fi- poses; to the Committee on Transportation nancial Services. and Infrastructure. Under clause 2 of rule XIII, reports of By Ms. SCHAKOWSKY (for herself, Mr. By Mr. PASCRELL (for himself and committees were delivered to the Clerk WAXMAN, Mr. ELLISON, and Ms. Mr. CANTOR): for printing and reference to the proper HIRONO): H.R. 5590. A bill to amend title XVIII of the calendar, as follows: H.R. 5580. A bill to amend the Toxic Sub- Social Security Act to permit physical ther- apy services to be furnished under the Medi- Mr. BERMAN: Committee on Foreign Af- stances Control Act to phase out the use of mercury in the manufacture of chlorine and care Program to individuals under the care fairs. Supplemental report on H.R. 5501. A of a dentist; to the Committee on Energy bill to authorize appropriations for fiscal caustic soda, and for other purposes; to the Committee on Energy and Commerce. and Commerce, and in addition to the Com- years 2009 through 2013 to provide assistance mittee on Ways and Means, for a period to be to foreign countries to combat HIV/AIDS, tu- By Mr. CAMPBELL of California: H.R. 5581. A bill to require the Secretary of subsequently determined by the Speaker, in berculosis, and malaria, and for other pur- the Interior to notify units of local govern- each case for consideration of such provi- poses (Rept. 110–546, Pt. 2). ment when a Native American group files a sions as fall within the jurisdiction of the Mr. MCGOVERN: Committee on Rules. petition to become a federally recognized In- committee concerned. House Resolution 1036. Resolution Providing dian tribe and before the decision on the pe- By Mr. PITTS: for consideration of the concurrent resolu- H.R. 5591. A bill to amend the Internal Rev- tition is made, and for other purposes; to the tion (H. Con. Res. 312) revising the congres- enue Code of 1986 to allow nontaxable em- Committee on Natural Resources. sional budget for the United States Govern- ployer matching contributions to section 529 By Mr. CLAY (for himself and Mr. ment for fiscal year 2008, establishing the college savings plans; to the Committee on LARSON of Connecticut): congressional budget for the United States Ways and Means. H.R. 5582. A bill to authorize appropria- Government for fiscal year 2009, and setting By Mr. REYES (for himself, Mr. tions for the National Historical Publica- forth appropriate budgetary levels for fiscal GRIJALVA, Mr. CUELLAR, Mr. tions and Records Commission through fiscal years 2010 through 2013. (Rept. 110–548). Re- RODRIGUEZ, Mr. ORTIZ, and Mr. year 2014; to the Committee on Oversight ferred to the House Calendar. HINOJOSA): and Government Reform. H.R. 5592. A bill to establish grant pro- f By Mr. GRIJALVA: grams to improve the health of border area H.R. 5583. A bill to withdraw the Tusayan PUBLIC BILLS AND RESOLUTIONS residents and for bioterrorism preparedness Ranger District and Federal land managed in the border area, and for other purposes; to Under clause 2 of rule XII, public by the Bureau of Land Management in the the Committee on Energy and Commerce, bills and resolutions were introduced vicinity of Kanab Creek and in House Rock and in addition to the Committee on Foreign and severally referred, as follows: Valley from location, entry, and patent Affairs, for a period to be subsequently de- under the mining laws, and for other pur- By Mr. WAXMAN (for himself and Mr. termined by the Speaker, in each case for poses; to the Committee on Natural Re- consideration of such provisions as fall with- MARKEY): sources. H.R. 5575. A bill to require new coal-fired in the jurisdiction of the committee con- By Mr. GRIJALVA: cerned. electric generating units to use state-of-the- H.R. 5584. A bill to amend the Intermodal By Ms. LINDA T. SA´ NCHEZ of Cali- art control technology to capture and per- Surface Transportation Efficiency Act of fornia (for herself, Mr. CONYERS, Mr. manently sequester carbon dioxide emis- 1991 to identify a western passage of the SMITH of Texas, and Mr. CANNON): sions, and for other purposes; to the Com- CANAMEX Corridor in Arizona, and for H.R. 5593. A bill to amend title 5, United mittee on Energy and Commerce. other purposes; to the Committee on Trans- States Code, to make technical amendments By Mr. BUYER (for himself and Mr. portation and Infrastructure. to certain provisions of title 5, United States LAMBORN): By Mr. ISRAEL: Code, enacted by the Congressional Review H.R. 5576. A bill to amend title 38, United H.R. 5585. A bill to amend title XVIII of the Act; to the Committee on the Judiciary. States Code, to make certain improvements Social Security Act to provide comprehen- By Mr. YOUNG of Alaska (for himself in the claims processing of the Department sive cancer patient treatment education and Mr. LOBIONDO): of Veterans Affairs, and for other purposes; under the Medicare Program and to provide H.R. 5594. A bill to require the Com- to the Committee on Veterans’ Affairs. for research to improve cancer symptom mandant of the Coast Guard to conduct an By Mr. THOMPSON of Mississippi (for management; to the Committee on Energy evaluation and review of certain vessel dis- himself, Ms. JACKSON-LEE of Texas, and Commerce, and in addition to the Com- charges; to the Committee on Transpor- Mr. MARKEY, Ms. LORETTA SANCHEZ mittee on Ways and Means, for a period to be tation and Infrastructure. of California, Mr. DICKS, Ms. HARMAN, subsequently determined by the Speaker, in By Mr. HENSARLING (for himself and Mr. DEFAZIO, Mrs. LOWEY, Ms. NOR- each case for consideration of such provi- Mr. CAMPBELL of California): TON, Ms. ZOE LOFGREN of California, sions as fall within the jurisdiction of the H. Con. Res. 314. Concurrent resolution es- Mrs. CHRISTENSEN, Mr. ETHERIDGE, committee concerned. tablishing a Joint Select Committee on Ear- Mr. LANGEVIN, Mr. CUELLAR, Mr. CAR- By Ms. EDDIE BERNICE JOHNSON of mark Reform; to the Committee on Rules. NEY, Ms. CLARKE, Mr. AL GREEN of Texas: By Mr. WILSON of South Carolina (for Texas, Mr. PERLMUTTER, and Mr. H.R. 5586. A bill to amend the Internal Rev- himself, Mr. HENSARLING, Mr. AKIN, PASCRELL): enue Code of 1986 to expand the availability Mr. BACHUS, Mr. BARRETT of South H.R. 5577. A bill to amend the Homeland of the Internal Revenue Service’s Taxpayer Carolina, Mr. BARTON of Texas, Mrs. Security Act of 2002 to extend, modify, and Assistance Centers; to the Committee on BLACKBURN, Mr. BOEHNER, Mr. BRADY recodify the authority of the Secretary of Ways and Means. of Texas, Mr. BROUN of Georgia, Mr. Homeland Security to enhance security and By Mr. LEWIS of Georgia (for himself, BURTON of Indiana, Mr. CAMPBELL of protect against acts of terrorism against Mr. JOHNSON of Georgia, and Mr. California, Mr. CANTOR, Mr. CARTER, chemical facilities, and for other purposes; SCOTT of Georgia): Mr. CHABOT, Mr. CONAWAY, Mrs. to the Committee on Homeland Security, H.R. 5587. A bill to direct the Secretary of CUBIN, Mr. CULBERSON, Mr. DAVID and in addition to the Committee on Energy the Army to conduct a comprehensive study DAVIS of Tennessee, Ms. FALLIN, Ms. and Commerce, for a period to be subse- of long-term water management in the FOXX, Mr. FRANKS of Arizona, Mr. quently determined by the Speaker, in each southeastern United States; to the Com- GINGREY, Mr. GOHMERT, Ms. GRANG- case for consideration of such provisions as mittee on Transportation and Infrastruc- ER, Mr. HERGER, Mr. ISSA, Mr. SAM fall within the jurisdiction of the committee ture. JOHNSON of Texas, Mr. KING of Iowa, concerned. By Mr. MARKEY (for himself, Mr. INS- Mr. KINGSTON, Mr. KLINE of Min- By Mr. PETERSON of Minnesota (for LEE, Mr. HINCHEY, and Mr. LARSON of nesota, Mr. LAMBORN, Mr. LATTA, Mr. himself and Mr. GOODLATTE): Connecticut): LEWIS of Kentucky, Mr. LUCAS, Mr. H.R. 5578. A bill to extend agricultural pro- H.R. 5588. A bill to prohibit the Secretary MACK, Mr. MARCHANT, Mr. MCCAUL of grams beyond March 15, 2008, to suspend per- of the Interior from offering for oil and gas Texas, Mr. MCHENRY, Mr. MCKEON, manent price support authorities beyond leasing or any related activity any tract in Mr. MILLER of Florida, Mrs. that date, and for other purposes; to the the Lease Sale 193 Area of the Alaska Outer MUSGRAVE, Mrs. MYRICK, Mr. Committee on Agriculture, and in addition Continental Shelf Region until the Secretary NEUGEBAUER, Mr. PENCE, Mr. PITTS, to the Committee on Foreign Affairs, for a determines whether to list the polar bear as Mr. PLATTS, Mr. POE, Mr. PRICE of period to be subsequently determined by the a threatened species or an endangered spe- Georgia, Mr. PUTNAM, Mr. RADANO- Speaker, in each case for consideration of cies under the Endangered Species Act of VICH, Mr. SALI, Mr. SESSIONS, Mr. such provisions as fall within the jurisdic- 1973, and for other purposes; to the Com- SHADEGG, Mr. SMITH of Nebraska, Mr. tion of the committee concerned. mittee on Natural Resources. SMITH of Texas, and Mr. WALBERG):

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — HOUSE H1539

H. Con. Res. 315. Concurrent resolution H.R. 1881: Ms. GRANGER. H.R. 5268: Mr. ALLEN. supporting the idea that coalition victory in H.R. 1884: Mr. MILLER of North Carolina. H.R. 5434: Mr. PETERSON of Pennsylvania, Iraq is possible; to the Committee on Armed H.R. 1967: Ms. BEAN. Mr. LAMBORN, Mrs. MUSGRAVE, Mr. FRANKS Services. H.R. 1975: Ms. KAPTUR, Mr. HOLDEN, Mr. of Arizona, Mr. JONES of North Carolina, Mr. By Mr. PUTNAM: GORDON, and Ms. BORDALLO. HERGER, Mr. POE, Mr. MILLER of Florida, Mr. H. Res. 1034. A resolution electing Minority H.R. 1992: Mr. BUTTERFIELD. YOUNG of Alaska, Mrs. CUBIN, Mr. BROUN of Members to certain standing committees of H.R. 2060: Ms. HERSETH SANDLIN. Georgia, Mr. WITTMAN of Virginia, and Mr. the House of Representatives; considered and H.R. 2125: Mr. ELLISON. SAM JOHNSON of Texas. agreed to. H.R. 2164: Mr. HOEKSTRA. H.R. 5440: Mr. CAMP of Michigan, Mr. SES- By Mr. EMANUEL: H.R. 2297: Mr. FRANKS of Arizona. SIONS, Ms. GINNY BROWN-WAITE of Florida, H. Res. 1035. A resolution electing certain H.R. 2303: Ms. HERSETH SANDLIN. Mr. POE, Mrs. CUBIN, Mr. BURGESS, Mr. H.R. 2407: Mr. BONNER. Members to certain standing committees of WITTMAN of Virginia, Mr. MILLER of Florida, H.R. 2464: Mrs. BONO MACK. the House of Representatives; considered and Mr. RADANOVICH, Mr. BLUNT, Mr. BROUN of H.R. 2526: Mr. TERRY. agreed to. Georgia, Mrs. BIGGERT, Mr. JORDAN, Mr. H.R. 2593: Mr. TOWNS and Mr. ELLISON. LOBIONDO, Mr. BUYER, Mr. BARTON of Texas, By Mr. KAGEN: H.R. 2734: Mr. MARCHANT. Mr. HALL of Texas, Mrs. MYRICK, Mr. MCCAR- H. Res. 1037. A resolution expressing the H.R. 2818: Mr. SHAYS and Mr. MCCOTTER. need for enhanced public awareness of H.R. 2894: Mr. FOSSELLA and Mr. THY of California, Mr. MARCHANT, Mr. SHAD- Hidradenitis Suppurativa, and for the sup- HENSARLING. EGG, and Mrs. SCHMIDT. port of the designation of a National H.R. 2948: Mr. MILLER of Florida. H.R. 5464: Mr. LANGEVIN. Hidradenitis Suppurativa Awareness Month; H.R. 2990: Mr. MICHAUD, Mr. VAN HOLLEN, H.R. 5466: Mr. AL GREEN of Texas, Mr. to the Committee on Energy and Commerce. Mr. PRICE of North Carolina, Mr. WELDON of HINOJOSA, Mr. ABERCROMBIE, and Mr. CON- By Mr. THOMPSON of Mississippi (for Florida, Mr. MORAN of Virginia, Mr. YERS. H.R. 5483: Mr. GOODLATTE and Mr. SCOTT of himself and Mr. KING of New York): FORTENBERRY, Mr. PEARCE, and Mrs. CUBIN. H. Res. 1038. A resolution recognizing the H.R. 3001: Mr. LOEBSACK. Virginia. fifth anniversary of the Department of H.R. 3025: Ms. WOOLSEY. H.R. 5489: Mr. SKELTON, Mr. RAHAL, Mr. Homeland Security and honoring the Depart- H.R. 3037: Mr. INSLEE. LINCOLN DIAZ-BALART of Florida, Mr. MAR- ment’s employees for their extraordinary ef- H.R. 3061: Ms. WOOLSEY. SHALL, Mr. ENGLISH of Pennsylvania, and Mr. forts and contributions to protect and secure H.R. 3175: Mr. LEWIS of Georgia. LINDER. our Nation; to the Committee on Homeland H.R. 3339: Mr. WEXLER. H.R. 5496: Mr. ELLISON. Security. H.R. 3406: Mr. PAYNE. H.R. 5505: Ms. SCHAKOWSKY. H.R. 3457: Mr. WAXMAN and Mr. SCHIFF. H.R. 5510: Mr. HIGGINS. f H.R. 3543: Ms. SCHAKOWSKY. H.R. 5513: Mr. WESTMORELAND. ADDITIONAL SPONSORS H.R. 3609: Mr. MEEKs of New York and Mr. H.R. 5522: Ms. WOOLSEY, Mr. BISHOP of New PAYNE. York, Mrs. DAVIS of California, Mr. HARE, Under clause 7 of rule XII, sponsors H.R. 3681: Mr. ENGLISH of Pennsylvania. Mr. HINOJOSA, Mr. HOLT, Mr. KILDEE, Mr. were added to public bills and resolu- H.R. 3682: Mr. TOWNS. KUCINICH, Mr. PAYNE, Ms. LINDA T. SA´ NCHEZ tions as follows: H.R. 3689: Mr. UDALL of Colorado. of California, Ms. DELAURO, Mr. BRALEY of H.R. 248: Mr. CAMPBELL of California. H.R. 3820: Mr. WATT. Iowa, Mr. BISHOP of Georgia, Mrs. MCCARTHY H.R. 303: Mr. ELLISON. H.R. 3828: Mrs. LOWEY, Mr. GRIJALVA, Mr. of New York, Mr. SARBANES, Mr. COURTNEY, H.R. 406: Mr. JEFFERSON, Mrs. CAPPS, Mr. MEEKs of New York, Mr. THOMPSON of Mis- and Ms. SHEA-PORTER. ´ ELLISON, Mr. STARK, Mr. PERLMUTTER, Mr. sissippi, Ms. VELAZQUEZ, Mrs. CHRISTENSEN, H.R. 5534: Ms. SCHAKOWSKY. TAYLOR, and Mr. UDALL of Colorado. Mr. BLUMENAUER, and Mr. FILNER. H.R. 5561: Mr. ROHRABACHER, Mr. BU- H.R. 581: Mr. ENGLISH of Pennsylvania. H.R. 3852: Mr. BOOZMAN. CHANAN, and Mr. BILIRAKIS. H.R. 583: Ms. BEAN and Mr. DAVIS of Illi- H.R. 3892: Mr. FRANK of Massachusetts. H.R. 5563: Mr. ALTMIRE, Mr. SARBANES, Mr. nois. H.R. 3981: Mr. ELLISON, Mr. DOYLE, Mr. HINOJOSA, Mr. DAVIS of Illinois, Mr. WAXMAN, and Mr. GONZALEZ. H.R. 594: Mr. ROSS. YARMUTH, Mr. KILDEE, Mr. HARE, Mr. PRICE H.R. 4044: Mr. NADLER, Mrs. MALONEY of H.R. 618: Mr. BARTON of Texas. of North Carolina, Mr. GRIJALVA, Ms. New York, and Mrs. CHRISTENSEN. H.R. 631: Mr. KLINE of Minnesota. CLARKE, Ms. HIRONO, Mr. ANDREWS, Ms. H.R. 4054: Mr. JOHNSON of Georgia, Ms. ´ H.R. 648: Mr. PASTOR, Mr. TIM MURPHY of LINDA T. SANCHEZ of California, Mr. JACKSON-LEE of Texas, and Mr. RUSH. Pennsylvania, and Mrs. JONES of Ohio. LOEBSACK, Mr. MEEKS of New York, and Mr. H.R. 4061: Mr. KLINE of Minnesota and Mrs. H.R. 741: Mr. BOYD of Florida. BISHOP of New York. SCHMIDT. H.R. 808: Ms. CLARKE. H. J. Res. 68: Mr. WITTMAN of Virginia, Mr. H.R. 4088: Mr. WILSON of South Carolina, H.R. 882: Mr. ANDREWS. DUNCAN, and Mr. KILDEE. Mr. FRELINGHUYSEN, Mrs. BACHMANN, and Mr. H.R. 1017: Mr. LOEBSACK. H. Con. Res. 91: Mr. TOM DAVIS of Virginia, CARTER. H.R. 1092: Mr. FORTUN˜ O. Ms. CORRINE BROWN of Florida, Mr. ALTMIRE, H.R. 4176: Mr. LATTA. H.R. 1110: Mr. LAMPSON. Mr. SHAYS, Mr. HAYES, Mr. LEWIS of Georgia, H.R. 4179: Mr. HIGGINS, Mr. GONZALEZ, Ms. H.R. 1188: Mr. TOWNS and Mr. DAVID DAVIS Mr. MCDERMOTT, Mr. DAVIS of Illinois, Mr. ZOE LOFGREN of California, Mrs. LOWEY, and of Tennessee. WAMP, Mr. KUHL of New York, Mr. SIRES, Mr. Ms. LINDA T. SA´ NCHEZ of California. H.R. 1213: Mr. PLATTS. GRIJALVA, and Ms. GIFFORDS. H.R. 4236: Mr. BRALEY of Iowa. H.R. 1222: Mr. MARIO DIAZ-BALART of Flor- H. Con. Res. 163: Mr. AL GREEN of Texas, H.R. 4318: Mrs. CUBIN and Ms. GRANGER. ida. Mr. CANTOR, Mr. BAIRD, Mr. FERGUSON, Mr. H.R. 4335: Mr. FILNER and Mr. H.R. 1228: Mr. UPTON. TERRY, and Mr. GORDON. FALEOMAVAEGA. H.R. 1237: Ms. DELAURO, Mr. PORTER, and H. Con. Res. 244: Ms. HERSETH SANDLIN, Mr. H.R. 4545: Mr. FILNER, Mr. GONZALEZ, and Mr. MURPHY of Connecticut. BUYER, Mr. KLINE of Minnesota, and Mr. Mr. CLAY. H.R. 1295: Mr. TAYLOR. RYAN of Wisconsin. H.R. 4651: Mr. PASTOR and Mr. PLATTS. H. Con. Res. 263: Mr. TURNER. H.R. 1386: Mr. ALTMIRE and Mr. HINCHEY. H.R. 4838: Ms. DEGETTE, Mr. DAVIS of Illi- H. Con. Res. 266: Mr. MCGOVERN. H.R. 1390: Mr. BILIRAKIS. nois, and Mr. LEWIS of Georgia. H. Con. Res. 290: Mr. MCCOTTER. H.R. 1436: Ms. HERSETH SANDLIN. H.R. 4900: Mr. BOEHNER, Mr. PITTS, Mr. H. Con. Res. 302: Mr. GORDON, Mr. H.R. 1464: Ms. SHEA-PORTER. FEENEY, and Mr. KLINE of Minnesota. HENSARLING, Ms. NORTON, Mr. CARNEY, and H.R. 1524: Mr. SIMPSON and Mrs. CAPPS. H.R. 4926: Mr. FRANK of Massachusetts. Ms. ROS-LEHTINEN. H.R. 1540: Mr. EMANUEL, Mr. FATTAH, Mr. H.R. 4930: Mr. GONZALEZ. H. Res. 111: Mr. GRIJALVA. WYNN, and Mr. UDALL of Colorado. H.R. 4934: Mr. PAYNE. H. Res. 146: Mr. HINCHEY and Mr. DOYLE. H.R. 1584: Mr. CLEAVER, Mr. SMITH of New H.R. 4959: Mr. ELLISON. H. Res. 672: Mr. SHERMAN. Jersey, Mr. CONAWAY, Mr. COSTA, Mr. MUR- H.R. 5058: Mr. SCHIFF. H. Res. 795: Mr. COSTA. THA, Mr. CHABOT, Mr. LINCOLN DIAZ-BALART H.R. 5086: Mr. JOHNSON of Georgia. H. Res. 821: Mr. SENSENBRENNER. of Florida, Mr. BOEHNER, Mr. THORNBERRY, H.R. 5124: Mrs. CAPITO. H. Res. 838: Mr. KUHL of New York, Mr. Mr. FRELINGHUYSEN, Mr. SESSIONS, Mr. H.R. 5130: Ms. CORRINE BROWN of Florida, WALBERG, Mr. MCGOVERN, Mr. YOUNG of UDALL of New Mexico, Mrs. SCHMIDT, Mr. Ms. JACKSON-LEE of Texas, Mr. GRIJALVA, Alaska, Mr. HULSHOF, and Mr. LAHOOD. FRANKS of Arizona, Mr. PUTNAM, Mr. Mr. HINCHEY, Mr. BRADY of Pennsylvania, H. Res. 865: Mr. SHERMAN. LOBIONDO, Mr. AKIN, Mr. BUCHANAN, Mr. Mr. PAYNE, and Mr. CLAY. H. Res. 900: Mr. DAVIS of Illinois, Mr. MCHENRY, Ms. BERKLEY, Mr. BRADY of Penn- H.R. 5131: Mr. EDWARDS. MCGOVERN, and Mr. HINOJOSA. sylvania, Mr. TURNER, Mr. TAYLOR, Mr. H.R. 5148: Mrs. MCCARTHY of New York. H. Res. 959: Mr. LOBIONDO. PERLMUTTER, and Mr. CASTLE. H.R. 5173: Mr. HINOJOSA, Mr. PATRICK MUR- H. Res. 977: Mr. DAVIS of Illinois. H.R. 1609: Mr. SCHIFF. PHY of Pennsylvania, Mr. LATOURETTE, Ms. H. Res. 981: Mr. HINOJOSA, Mr. TERRY, Mr. H.R. 1665: Ms. KILPATRICK. KAPTUR, and Mr. BOUCHER. CAPUANO, Mrs. MCCARTHY of New York, Mr. H.R. 1738: Mr. COSTELLO. H.R. 5244: Mr. MILLER of North Carolina, PORTER, Mr. HINCHEY, and Mr. GERLACH. H.R. 1791: Mr. TIM MURPHY of Pennsyl- Ms. ZOE LOFGREN of California, and Mr. H. Res. 985: Mr. SMITH of Nebraska and Mr. vania. FARR. GORDON.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1540 CONGRESSIONAL RECORD — HOUSE March 11, 2008

H. Res. 988: Mr. ENGLISH of Pennsylvania of California, Mr. GOHMERT, Mr. GORDON, Mr. H. Res. 1018: Mr. PLATTS and Mr. LOEBSACK. and Mr. TOM DAVIS of Virginia. DENT, Mr. SHUSTER, Mr. ENGLISH of Pennsyl- H. Res. 1019: Mr. FATTAH and Mr. LEWIS of H. Res. 991: Mr. COHEN, Mr. ELLSWORTH, vania, Mr. DANIEL E. LUNGREN of California, Georgia. Mr. MEEK of Florida, Mr. MCHUGH, Mr. COO- Mr. TIM MURPHY of Pennsylvania, Mr. KING H. Res. 1024: Mr. FERGUSON, Mr. JACKSON of PER, and Mrs. DAVIS of California. of Iowa, Mr. EHLERS, and Ms. HARMAN. H. Res. 992: Mr. MCGOVERN and Ms. EDDIE H. Res. 997: Mr. SMITH of New Jersey, Mr. Illinois, Mr. INGLIS of South Carolina, Mrs. BERNICE JOHNSON of Texas. DREIER, Mr. ANDREWS, Ms. KAPTUR, Mr. MYRICK, Ms. JACKSON-LEE of Texas, Mr. WU, H. Res. 994: Mr. MARIO DIAZ-BALART of HOLT, Mrs. CAPPS, Mr. COOPER, Mr. MCNUL- Mr. ENGEL, Ms. TSONGAS, Mr. SIRES, Ms. Florida, Mr. GOODE, Mr. BRADY of Texas, Mr. TY, Mr. CROWLEY, Mr. ISSA, Mr. ROTHMAN, BERKLEY, and Mr. TIM MURPHY of Pennsyl- LAMBORN, Mr. KINGSTON, Mr. MARCHANT, Mr. Ms. JACKSON-LEE of Texas, Mr. FARR, and vania. AKIN, Mr. GALLEGLY, Mr. COBLE, Mr. BURTON Mrs. TAUSCHER. H. Res. 1025: Mr. GILCHREST. of Indiana, Mr. SAXTON, Mr. REGULA, Mr. H. Res. 1008: Ms. ROS-LEHTINEN, Mr. HIG- H. Res. 1026: Mr. SKELTON, Mr. HALL of CARTER, Mr. LUCAS, Mrs. BONO MACK, Ms. GINS ISHOP , and Mr. B of New York. Texas, Mr. ENGLISH of Pennsylvania, Mr. FALLIN, Mr. FERGUSON, Mr. COLE of Okla- H. Res. 1011: Mr. CHABOT, Mr. DOYLE, Ms. SCOTT of Georgia, and Mr. DONNELLY. homa, Mrs. CAPITO, Mr. REHBERG, Mr. ALEX- SCHAKOWSKY, Mr. OLVER, Mr. TOWNS, Mr. ANDER, Mr. HOEKSTRA, Mr. JONES of North FATTAH, Mr. MCGOVERN, Ms. EDDIE BERNICE H. Res. 1029: Mr. NEAL of Massachusetts, Carolina, Mr. BARTLETT of Maryland, Mr. JOHNSON of Texas, Mr. RANGEL, Mr. BISHOP of Mrs. BONO MACK, Ms. WATERS, Mr. PASTOR, MILLER of Florida, Mr. WILSON of South Georgia, Mr. MCNULTY, Mr. PITTS, Mr. Mrs. SCHMIDT, Mr. SESTAK, Mr. MCHUGH, and Carolina, Mr. CARNAHAN, Mrs. BOYDA of Kan- GEORGE MILLER of California, and Mrs. Ms. SOLIS. sas, Mr. REYNOLDS, Mr. SALI, Mr. MCCARTHY MYRICK. H. Res. 1033: Mr. SHUSTER.

VerDate Aug 31 2005 02:45 Jun 26, 2008 Jkt 059060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\H11MR8.REC H11MR8 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, MARCH 11, 2008 No. 41 Senate The Senate met at 10 a.m. and was appoint the Honorable JON TESTER, a Sen- a Commonwealth of the Northern Mariana called to order by the honorable JON ator from the State of Montana, to perform Islands in Political Union with the United TESTER, a Senator from the State of the duties of the Chair. States of America, to amend the Compact of Montana. ROBERT C. BYRD, Free Association Amendments Act of 2003, President pro tempore. and for other purposes. PRAYER Mr. TESTER thereupon assumed the Mr. REID. I object to any further The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. proceedings with respect to these bills fered the following prayer: f en bloc. Let us pray. The ACTING PRESIDENT pro tem- Eternal God, source of light and con- RECOGNITION OF THE MAJORITY pore. Objection is heard. solation, we need You every hour. Our LEADER The bills will be placed on the cal- strength is inadequate to meet the The ACTING PRESIDENT pro tem- endar. challenges of our time, so we place our pore. The majority leader is recog- f hope in You. nized. RECOGNITION OF THE MINORITY Strengthen our Senators. Give them f LEADER knowledge and wisdom to solve the rid- dles that beset us. Open their minds to SCHEDULE The ACTING PRESIDENT pro tem- think Your thoughts. Make them quick Mr. REID. Mr. President, following pore. The Republican leader is recog- to listen, slow to speak, and slow to my remarks and those of the Repub- nized. anger. May they place themselves lican leader, there will be a period of f under Your control so that You can use morning business for an hour. Senators THE TAX GAP them for Your glory. Lead them will be allowed to speak for 10 minutes Mr. MCCONNELL. Mr. President, through life’s storms with hope in their each, with the time equally divided and hearts. Help them to commit to You after reviewing the budget proposed by controlled between the two leaders or the other side of the aisle, one thing is everything they think, say, and do their designees. The Republicans will today. clear: the people who wrote it were control the first half, the majority con- more interested in growing the size and We pray in Your transforming Name. trols the final half. Following morning Amen. scope of Washington spending than in business, the Senate will resume con- growing the American family’s budget. f sideration of S. Con. Res. 70, the con- But Americans expect more from gov- PLEDGE OF ALLEGIANCE current resolution on the budget, for ernment than a $1.2 trillion tax hike debate only until the 12:30 recess for The Honorable JON TESTER led the and billions of dollars in new spending, the caucus luncheons. Pledge of Allegiance, as follows: especially in these difficult economic I pledge allegiance to the Flag of the f times. United States of America, and to the Repub- MEASURES PLACED ON THE But even with a giant tax hike, the lic for which it stands, one Nation under CALENDAR—S. 2738 AND S. 2739 new spending in this budget isn’t really God, indivisible, with liberty and justice for accounted for. Democrats say they all. Mr. REID. I understand there are two want to ‘‘pay for’’ massive spending f bills at the desk due for a second read- by—among other gimmicks—closing ing. what they like to refer to as the ‘‘tax APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- PRESIDENT PRO TEMPORE gap.’’ This is the gap that exists be- pore. The clerk will report the bills by tween what people actually owe in The PRESIDING OFFICER. The title. taxes and what they pay. clerk will please read a communication The assistant legislative clerk read Well, we need only look back at last to the Senate from the President pro as follows: year to see that Congress hasn’t been tempore (Mr. BYRD). A bill (S. 2738) to identify and remove very successful in attempting to close The assistant legislative clerk read criminal aliens incarcerated in correctional the ‘‘tax gap’’. In 2007, Congress passed the following letter: facilities in the United States and for other the Democrat budget resolution which U.S. SENATE, purposes. promised to reduce the tax gap by $300 A bill (S. 2739) to authorize certain pro- PRESIDENT PRO TEMPORE, billion over 5 years. Unfortunately, Washington, DC, March 11, 2008. grams and activities in the Department of To the Senate: the Interior, the Forest Service, and the De- this promise was never followed up on Under the provisions of rule I, paragraph 3, partment of Energy, to implement further with actual legislation to make it law of the Standing Rules of the Senate, I hereby the Act approving the Covenant to Establish and no progress was made.

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

S1825

.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1826 CONGRESSIONAL RECORD — SENATE March 11, 2008 In other words, Democrats are count- brought in $10, we only spent 8 of those rorism, the issue of the retirement of ing on a direct deposit from a job they dollars. That is the way it was during the baby boom generation and the fis- never completed. That doesn’t work in the Clinton years. We paid down the cal devastation that is going to bring the family budget, and it shouldn’t national debt. to our children’s ability to have an af- work in the Federal budget. The budget we have, led by Senator fordable lifestyle, the issue of the cost While Congress did enact a few—a CONRAD, who has been chairman of the of energy, the issue of the size of the few—of the tax gap proposals included Budget Committee for many years, is a Federal Government and its growth at in the President’s 2008 budget, those program that creates jobs, jobs, and a pace which it cannot sustain, the tax amounted to only a tiny fraction of the jobs. That is what is important to the on the American people, which gasoline tax gap, hardly enough to rely upon for American people. now represents, which is undermining the economy, and the general tax pol- offsetting the billions of dollars in the f new spending Democrats are proposing. icy of the proposed budget which will As the ranking member of the Finance RESERVATION OF LEADER TIME undermine it even further—that the Committee reminded the Senate yes- The ACTING PRESIDENT pro tem- Democratic leadership of Congress terday, the promises didn’t come close pore. Under the previous order, the would have come forward with a budget to matching reality. During the first leadership time is reserved. that showed some imagination, some year of this Democrat majority the en- creativity, some initiative in the area acted tax-gap provisions amounted to f of addressing some of these crucial two-tenths of 1 percent of the tax gap. MORNING BUSINESS problems. Regrettably, what we got was the Two-tenths of 1 percent; that is 99.8 The ACTING PRESIDENT pro tem- same old-same old—a budget filled percent short of the promised revenue. pore. Under the previous order, the with taxes; a budget filled with spend- That is hundreds of billions of dollars Senate will proceed to a period of ing on this special interest program short of the revenue they projected to morning business for up to 1 hour, with and that special interest program, a pay for their new Washington spending. Senators permitted to speak for up to That is not even close, not even in budget which underfunds the national 10 minutes each, with the time equally the same ballpark. defense, a budget which dramatically divided and controlled between the two There are serious disagreements be- increases taxes on working Americans, leaders or their designees, with the Re- tween the parties on taxes. The other a budget which dramatically increases publicans controlling the first half and side supports higher rates. We want to the debt of the Federal Government the majority controlling the final half. keep tax rates low. But we should all and therefore the debt passed on to our The Senator from New Hampshire. agree that people have a responsibility children, a budget which raids the So- to pay what they lawfully owe. f cial Security trust fund, a budget Over and over again the Democrat BUDGET ISSUES which has no creativity in the area of majority has failed to enact any sort of trying to address entitlement reform, a serious and substantial strategy for Mr. GREGG. Mr. President, I rise to budget which uses gimmick after gim- closing the tax gap. And as a result, speak about the budget. mick after gimmick and even gim- their numbers simply don’t add up. First, I express my respect for the micks its own gimmicks in the area of Faulty numbers don’t pay the bills, people who have worked on this budg- pay-go, in the area of discipline, in the and funds that aren’t collected won’t et, my staff especially but also the area of revenues. To say the least, it shrink the deficit. Democratic staff, and the chairman of should be an embarrassment because it So if the budget written by our the Budget Committee, Senator is such a mediocre presentation. It friends across the aisle is going to rely CONRAD. passes the problems on to the next gen- on these funds to balance the budget, We are, however, in an extraor- eration. It doesn’t confront them. It we need to think again, or the family dinarily difficult time as a nation. We doesn’t even try to confront them and budget is going to shrink to make up confront major issues. We confront simply aggravates those problems for for the red ink in Washington’s budget. international issues involving the the next generation. I yield the floor. threat of Islamic terrorism. We con- That is unfortunate because we are The ACTING PRESIDENT pro tem- front domestic issues of even more or running out of time here. We are the pore. The majority leader. equal significance—not equal signifi- generation of leadership, the baby f cance; nothing is more significant than boom generation. We have some obliga- the threat of a terrorist attack with tion to fix the problems we are going to THE BUDGET some sort of weapons of mass destruc- pass on to our children. I believe we Mr. REID. Mr. President, the Demo- tion, but we confront huge domestic have a significant obligation to do cratic budget is about three things: issues such as the projected bank- that. But this budget doesn’t accom- jobs, jobs, jobs. It is about green-collar ruptcy of the Nation. That is a pretty plish anything in that area. This budg- jobs, jobs rebuilding America, jobs re- big issue, that is an undeniable fact et has one thought in mind. It is not lating to education and job training. that is going to occur unless we take jobs, jobs, jobs, as the majority leader The one thing my friends on the some action because of the fact that said; it is reelect, reelect, reelect—win other side of the aisle never talk about the baby boom generation is beginning the next election rather than trying to is where we are now. They want more to retire, and the cost they will put on solve the problems which we are pass- of the same. We don’t want more of the the Federal Government and, there- ing on to the next generation. same. We have had enough. The Amer- fore, on our children who support them The horizon of this budget is some- ican people have had enough. The econ- through taxes is going to be extraor- where this July, this August, as we omy is in a downturn, spiraling down. dinary. We also confront the extremely move into the full-scale election cycle, The housing market is in a state of tre- difficult issue of energy policy and the when they can go to this interest group mendous distress. The stock market is cost of gasoline. A barrel of gasoline and say, we have given you this money, dropping as we speak. Oil is now at $109 went over $107. It is not projected to and this interest group and say, we a barrel. come down. The effect on the economy have given you this money, and then Everything you hear from the Repub- is devastating. We confront the fact deny that they are taxing people be- licans is a buzzword for status quo— that we have a Federal Government cause the taxes for those costs won’t keep things the way they are; the way which is spending and continues to hit people until after the election and things are is just fine; let’s just let spend significantly more than it is tak- deny that they are fudging the num- things work out. ing in and, as a result, is spending the bers through using gimmicks because We don’t believe in that. We have a Social Security surplus and is signifi- those events won’t occur until after recipe for change. Is it something that cantly adding to the debt of the Na- the election. has never been done before? No. Look tion. It is truly a budget that fails on all at the Clinton years, where we were One would hope that in light of these counts to take on what is the real taking in X number of dollars. If we very large issues—the threat of ter- issues facing our Nation—how we fight

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1827 terrorism, how we support our troops spent on constituencies that vote for for the budget. It is the Congress which in the field, how we deal with this them. passes the resolution that creates the looming, massive, unfunded liability of The chairman of the Budget Com- budget, and the President does not sign the retirement of the baby boom gen- mittee said: I am prepared to get sav- it at all. So it is the Congress you eration which will put unsustainable ings out of long-term entitlement pro- should turn to and say: You are the re- costs on our children and make their grams. How many savings are there out sponsible party here. Are you being re- lives essentially less viable in the way of long-term entitlement programs in sponsible? That is the issue: Are you of affluence than ours has been, a budg- this budget? Zero net savings; zero. being responsible as a Congress? This et that dramatically increases taxes on While the deficit in the long-term ac- Congress is not being responsible be- working Americans in the name of counts goes up dramatically—$66 tril- cause the big issues we face as a nation raising taxes on high-income Ameri- lion is owed to those accounts we can- are either being finessed, gamed, ig- cans, a budget that dramatically grows not pay for—this budget adds $466 bil- nored, or aggravated under this budget. the debt and raids Social Security lion into those accounts. It is a stag- As I said before, this budget adds funds. gering amount of money. There is no $27,000—$27,000—to the debt that each This list, as shown here, is what it attempt to adjust that at all. child born today has to pay. So if you does. I think I pretty much outlined it. Now, it is interesting, we will hear are having a child or you just had a It raises taxes by $1.2 trillion. It dra- from our colleagues on the other side child—I just had a niece this year. She matically increases spending. I will get of the aisle—let me go to this one first, is a wonderful little girl. She came into into that a little bit. It dramatically and then I will get into that. The na- the world. She got a $27,000 bill from grows the debt. It gimmicks its own tional debt goes up over $2 trillion the Democratic leadership of this Con- enforcement mechanisms—pay-go and under this budget. Mr. President, $2 gress—a pretty stiff bill to stick her all the other enforcement mechanisms trillion is added to the national debt. with, a pretty stiff bill to stick any it allegedly has in place. Then it does My colleagues on the other side: ‘‘I American with who is just getting nothing to address the $66 trillion un- really believe increasing the debt is the started. It is not fair at all. funded liability, which is such a huge threat.’’ That is one of Senator Let’s get into some specifics about number nobody can understand it. So CONRAD’s great phrases: The debt is the this budget. to try to put it in context, it means, I threat. I agree with him. The problem First is the allegation that there is think, that every American today has is, he is aggravating the threat with some sort of disciplining mechanisms a $120,000 debt. This budget adds $24,000 this budget. Now, he does not have too around here. I take this on first be- to that debt. This budget does nothing much choice because he is spending so cause it is such a fraud that it has to to try to improve that situation. much money we don’t have that he is be taken on first. I have heard more The chairman of the committee said: aggravating the debt. Senators on the other side of the aisle We need to be tough on spending. And now, the famous wall of debt saying: We are going to use pay-go to The number of spending cuts in the chart. It goes up, and goes up dramati- discipline the budget, darn it. When we Democratic budget: zero. The number cally, under this budget. We will hear use pay-go, we limit spending around of spending increases: $22 billion over from the other side of the aisle: But here. this baseline this year stated on the the President’s budget does the same ‘‘Pay-go’’ is a motherhood term, re- discretionary side. On the entitlement thing, or it is even worse. That is a ca- grettably. It is a title that has been side: $466 billion—increases in spend- nard. That is a straw dog. The Presi- put on supposedly a procedure which ing. They allege it is $18 billion, but dent does not sign the budget. The requires you to pay for new spending they play another one of their games, President is not part of the budget and to pay when you cut taxes. Well, another one of their budget games. process other than he has an obligation time and time again, our colleagues on They take $4 billion in what is known to send a budget up here for the pur- the other side of the aisle, when they as advanced appropriations—that poses of our review, which is, depend- were confronted with a choice of actu- means they take it out of next year ing on the President, uniformly re- ally having to use pay-go—which would and spend it this year—$4 billion addi- jected by the party in power. have caused them to have to cut spend- tional doing that. He sends up the budget. He an- ing somewhere in order to increase It has been done in the past. I have nounces what his priorities are. But, spending somewhere else—gamed the opposed it in the past. But this time uniquely, the budget instrument—and system. They moved a year here or a they plus up the number a little bit so this is an important point—is a child of year there so they would not be subject their numbers can work so they can the Congress. It is a child of the Con- to pay-go. say to their different constituencies: gress. Congress produces the budget. They cut programs from reasonable We are going to spend money on you. The Senate produces a budget. The funding levels such as SCHIP by 85 per- You can have this money. We got it for House produces a budget. It goes to cent in 1 year, so they would not be you. We are going to borrow it from conference committee. It comes back confronted—knowing it was never next year’s budget—$4 billion. to the Senate and comes back to the going to happen—so they would not be Mr. President, $22 billion in new House. But do you know what it does confronted with pay-go enforcement spending. That is a pretty big number: not do, as with most laws? It does not mechanisms. They took the MILC Pro- $22 billion. That would literally run the go to the President to be signed. He gram and put it in a supplemental bill State of New Hampshire for 3 or 4 cannot veto a budget. He cannot sign a so they could build it into the base and years. But that is not the whole num- budget. He simply gets a budget in the not be subject to pay-go. ber because you have to put it in a 5- form the Congress wants. It is a resolu- Time after time after time—15 dif- year context. It is actually over $200 tion. It is not a bill. ferent times—they gamed pay-go to the billion of new discretionary spending Why is that? Because the Founding tune of $143 billion. I call it ‘‘Swiss because once you spend that $22 billion Fathers, in their wisdom, and the peo- cheese-go.’’ I think that is a much this year, it does not come out of the ple who put together the Budget Act— more truth-in-labeling act. There is no budget next year, it goes into what is some of whom are still here, Senator reason we should ever call this thing known as the baseline. It becomes the BYRD and Senator DOMENICI being two pay-go again. Let’s just call it ‘‘Swiss floor, and we build on that. of the key players in that in 1976, I cheese-go’’ because that is what it is. Last year, they wanted to spend $22 think—knew the power of the purse, Whenever it is inconvenient for the billion more too, so over 2 years they which is what the budget is all about, Democratic leadership to have to sub- have bumped things up—or tried to lies with the Congress. The Congress ject themselves to their own discipline bump things up—$44 billion. Plus last has the first and primary responsibility rules, they waive them, game them, or year they put in a supplemental for an- on the budget. ignore them. other $21 billion. I know these numbers So when you throw out: Well, but the The first obligation of a national are starting to be thrown around like President did this and the President government is national defense. The crazy here, but the simple fact here is, did that, you are trying to hide in the most important thing about national it is big money—big money—being weeds. Congress has the responsibility defense is to make sure your soldiers

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1828 CONGRESSIONAL RECORD — SENATE March 11, 2008 who are in the field have the resources budget look better. This number should increases, climbing every year as a per- they need to do the job we have asked have been at least $70 billion to $100 centage of GDP. It is important to them to do. Whether you agree with billion higher to have an accurate know it has historically been the case what they are doing, you should never budget. that we have presumed the Federal send a soldier into the field and not Then the budget moves on. We have Government would take something support that soldier with everything he heard more about how there are uncol- akin to 18.2 percent of Gross National or she needs. lected taxes, and if we collect the un- Product in tax revenues. That has been I understand there is a huge debate, collected taxes, we will solve all our the case since the end of World War II. especially on the other side of the problems. I call it the ‘‘Wizard of Oz’’ This budget blows through that num- aisle, as to whether we should cut the approach to budgeting. There is some- ber. But equally important, it should legs out from underneath our troops in body behind a curtain somewhere who be noted that in blowing through that Iraq. We all understand that. We voted owes us a lot of money. We are going to number and adding $1.2 trillion in new on it here 43 times in this Congress. find that person. We are going to get taxes, it doesn’t address the outyear But there should be no question that the money. That is going to take care issues which are going to cause taxes those soldiers need the support as long of everything. We will all be happy. to go up even higher. The failure to do as they are in the field. It is totally in- Last year, they suggested we do this anything on entitlement reform and appropriate and a total abrogation of to the tune of $300 billion. Last year, then use up all the revenues to fund responsibility of the Congress not to they were given the benefit of the this group and that group that you support those soldiers in the field. doubt. They had never done a budget happen to be happy about giving Now, in this exercise, the White before, so you have to give them some money to for the next election puts House does not come with clean hands. benefit of the doubt. OK. Let’s see how you in an even worse position when, I was fairly aggressive in complaining much they got. The chairman of the hopefully, the Congress gets around about their decision to send up a re- committee again: someday to addressing the biggest fis- quest for only $70 billion—which is a If we just collect 15 percent of the [tax cal policy issue, which is entitlement lot of money, but that is nowhere near gap]— reform. In addition, it needs to be noted this what it is going to cost to keep our sol- That is what is referred to— tax increase of $1.2 trillion is the begin- diers in the field over the next year. To that would be over $300 billion. That alone ning. It is the beginning of the Demo- their credit, at least, the people at the would come close to meeting the revenues cratic proposals. Because if we listen to Pentagon—Secretary Gates, when con- needed under our budget resolution. their two national candidates for Presi- fronted with that number, said: No, That was last year. Do you remember dent, in the case of one, they have al- that is wrong. Even though OMB may how much they collected last year ready offered and put in place over $300 have sent it up here in the President’s from the tax gap? Zero. In fact, they billion—$300 billion of new programs in presentation, it is wrong. We are going cut in their budget the collection capa- 1 year. That adds up to something like to need something like $150 billion to bilities of the IRS. Not only was the $1.2 trillion of additional programs $170 billion, somewhere between $80 bil- IRS not able to go out and collect more over 5 years. That is on top of this lion and $100 billion more than they money that was owed, they were hav- number. have in the budget. ing trouble collecting what they did Now, when Senator OBAMA makes The chairman of the Budget Com- get which was owed because their col- that representation: I am going to add mittee agreed. He said: lection process has been cut. $300 billion of new programs every And we know, I think with great certainty, So you would think after such a pa- year, the practical effect is he has to $70 billion is not the right answer for 2009, thetic performance they would pre- pay for it somehow. His claim is he is zero is not the right answer for 2010. sume not to do this again. It would going to pay for it by taxing the rich. Those are the two numbers the White take incredible—I don’t know—verve to He is going to tax the rich and pay for House had. And Secretary Gates said: claim one more time that you are his—he actually, ironically, has the No, it is not the right answer, when he going to generate these types of reve- same number here: $1.2 trillion of addi- was asked. He said: It has to be a high- nues. But they do. They do: $300 billion. tional spending over that 5-year period. er number. They are going to get it from out there Well, if you tax the rich, which would So the documentation is pretty clear, in the virtual land of tax policy. What mean you raise the top bracket from 35 even if the White House did not send up they got was zero—zero. percent to 39.6 percent, which was the the right number, by the time we This budget at its essence is a mas- bracket under President Clinton, you acted—and remember, once again, it is sive tax increase. That is essentially generate how much income to the Fed- the Congress that does the budget, not what it is. It is a massive tax increase, eral Government? Twenty-five billion the White House—by the time we the purpose of which is to expand the dollars. Multiply that by 5 years, which acted, we should have put a number in size of the Federal Government—grow is what this number is—the $1.2 trillion here that adequately reflects what our the Federal Government—and, in my Senator OBAMA has suggested we spend soldiers are going to need to remain humble opinion, as a result, make it in new programs—and you have $225 safe. much more difficult for us as a govern- billion. So he is about $1 trillion short Now, even if you oppose this war ve- ment to produce a positive and strong in order to pay for what he is sug- hemently, as some do on the other side economy and to give people an oppor- gesting in new programs. of the aisle—to the point where they tunity to live lives that are as affluent But there is another irony. This tax are willing to take soldiers out next and, hopefully, as successful as prior number already assumes that $225 bil- week, which you cannot physically do; generations. lion. This tax number assumes the we all know it will take 6 months to a The amount of tax increase in the rates have been increased to 39.6 per- year to get the soldiers out of there— bill is $1.2 trillion—the largest tax in- cent for the top income brackets, with with this number, you cannot get the crease in history: $1.2 trillion. Under the practical effect of that being it has soldiers back with $70 billion, literally. the assumptions of this budget, every already been spent. This budget al- This number does not allow you to get tax goes up to rates which were fairly ready spends the money and the tax the soldiers back. high and which the Congress agreed revenues candidate Senator OBAMA has What happens with this number is were too high back in the early 2000s. suggested he is going to spend on his you are going to have our soldiers in The marriage penalty goes up. The new programs. So he doesn’t have any the field without ammunition, without child tax credit goes up. Rates go up. money available to him. resupply, without the facilities they Capital gains go up. Dividends go up. So now we have a Democratic budget need, and without the equipment they The estate tax goes up. They are all as- which increases taxes by $1.2 trillion, need. This number assumes we are sumed to go up. AMT is assumed to be increases spending dramatically, as I going to leave our soldiers in the field continued for every year but this year. have gone through already, and then unprotected—unprotected. It is an in- We have a new chart called the ‘‘Wall you have layered on top of that a na- excusable, irresponsible number to put of Taxes’’ because that is what this tional candidate—two national can- in the budget simply to make your budget does. It generates a wall of tax didates, because Senator CLINTON is

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1829 not far behind Senator OBAMA in sug- long in exchange for adding programs? of this in the stimulus package passed gesting new programs—who is going to We have study after study that tells us to give lift to the economy. add another $1.2 trillion on top. The about programs we can eliminate. No, Now, the Senator talks about where numbers become staggering. But what not one program is eliminated in this we are headed under this budget, but does it all translate into? Huge tax in- budget—just an expansion. Just add to perhaps the best way to anticipate creases on working Americans—huge, the base; bump it up another $200 bil- where we are headed is to look back absolutely staggering. lion over the next 5 years and pass that and see where we have come from. To try to put this in context, without bill on to our children. When they controlled everything—they the Obama tax increases or the Clinton Passing the problem on, that is what controlled the House, they controlled tax increases, 27 million small busi- this budget is. Courageous? Creative? the White House, they controlled the nesses in this country, under the Imaginative? Addressing the core Senate—here is their record. Here is Democratic budget, will see their taxes issues which we confront as a nation what they did. They started with budg- go up $4,100 each per year. Now, you and which do threaten us, whether it is et surpluses, and they ran up record can double that if Senator OBAMA were terrorism, the cost of energy, the cost deficits. You can see this is the record to put in all his programs. Eighteen of the Government, the retirement of of the Bush administration: $413 billion million seniors will see their taxes the baby boom generation? These was the biggest deficit in the history of jump $2,200 each because of this budg- issues are not going away, but you the United States. In fact, they have et—$2,200 each. That is a lot of money. wouldn’t know they even existed if you five of the biggest deficits in the his- Let’s try to put that in context. That looked at this budget. It is a regret- tory of the United States. That is their basically buys groceries for most table missed opportunity in a very dif- record. Revenue was flat. They in- Americans for, I think it is half a year. ficult time. It is unfortunate that all it creased spending about 50 percent, and the result was they have exploded the It certainly buys a fair amount of gas, has become is your classic liberal tax- debt of the United States. Again, this although not as much as we would like and-spend initiative. because the price of gas is so out- I yield the floor. is not a projection. This is not a fore- rageous. It certainly helps with a mort- The ACTING PRESIDENT pro tem- cast. This is their record. Our friends controlled it all. They gage payment or maybe a child going pore. The Senator from North Dakota controlled the White House, they con- to school or helping a grandchild go to is recognized. trolled the Senate of the United States, school in the case of a senior. But seri- Mr. CONRAD. Mr. President, I wish to welcome back the ranking member they controlled the House. Here is ous money: $2,200. That is what this what happened to the debt. They have budget in new taxes is going to cost av- of the Budget Committee. I have lis- tened with great interest to his presen- built a wall of debt that is unprece- erage seniors in this country. dented. They took us from a debt at Something else should be pointed tation this morning, a highly imagina- the end of the President’s first year of out. This budget assumes the capital tive presentation. It is highly imagina- $5.8 trillion. They have run it up to gains and dividend rates are going to tive. The presentation he has made over $9 billion last year, and by the end go up, and the primary benefit of cap- that purportedly is about the budget of 2009, which will be the 8 years this we have offered has virtually nothing ital gains and dividend rates flows President is responsible for, they will to do with the budget that is before us. through senior citizens. As a percent- almost have doubled the debt of the It is largely a concoction, although I age, seniors take more advantage of country in 8 years. It is a stunning must say when he talks about cre- dividend rates and more advantage of record, and I don’t mean stunning in a capital gains than any other demo- ativity, I give him high marks for cre- good way. graphic group. So it is directly tar- ativity because this is complete make- Now, the Senator from New Hamp- geted on the tax increase. believe, what we have heard from the shire says we have this massive in- All of this works out to—for the av- other side, in terms of a description of crease in spending. Well, not in this erage American family, there is a $2,300 what is on this floor. budget. That is not the case. Here is a tax increase in this bill, and that Maybe a good place to start is to chart that shows the President’s spend- doesn’t include how much it would be look at what the Senator said last year ing, which is the red line. The green increased if you were to put the Obama about our budget because it is almost line is the spending under this resolu- or Clinton programmatic initiatives on identical to what he has said about this tion. This is over the 5 years of this top of that. It would almost double this year’s budget. He said last year we budget. You will see that they are very number. The appetite to raise taxes on were going to have $1 trillion of tax in- close to each other. In fact, the dif- the other side of the aisle is unquench- creases if our budget passed. Well, our ference in spending over the 5 years be- able. It is huge. Let’s put it that way. budget passed, and now we can go tween our budget and the President’s It is unstoppable, it appears. When this check the record. We don’t have to budget is 2.1 percent. We have 2.1 per- budget passes, John Q. Public is going have a bunch of projections or sugges- cent more spending than the Presi- to have to write Uncle Sam a check for tions about what might happen; we can dent’s budget. Why? Because we have $2,300. That is a pretty expensive expe- now look back and see what actually restored cuts he made in things such as rience for the American people. did happen. Last year, the Senator the COPS Program that has put 100,000 What do they get for it? What do from New Hampshire, the ranking police officers on the street. The Presi- they get for it? Let’s come back to member of the Budget Committee—by dent’s budget eliminates the COPS what they get for it. Not a lot. Do they the way, for whom I have high regard. Program. The President’s budget elimi- get the troops properly supported when We work together very closely. We nates the weatherization program in they are fighting for us overseas? No. have substantive differences, as will this country, a program to go back and No, they are $100 billion short on that. become more clear as these days wear weatherize homes so they are more en- Do they get entitlement reform that on, but I have high regard for the Sen- ergy efficient. He says: No, we don’t helps us down the road with the pres- ator from New Hampshire. want to do that anymore. The Presi- sure that is going to be put on our chil- But let’s check the record. Did we in- dent’s budget cuts the grants to first dren by the cost of the expansion of the crease taxes, as he asserted would hap- responders, our emergency medical entitlement programs due to the re- pen last year, by $1 trillion? No. Did we personnel, our ambulance crews, and tirement of the baby boom generation? increase taxes at all? No. Did we cut other first responders, including our No. No, they don’t get that. Do they taxes? Yes. How much did the Demo- firefighters, and cuts those by 78 per- get health care reform? No. There is no cratic Congress cut taxes? Well, here it cent. We didn’t think that was a good health care reform in here. Do they get is. It is not a projection. This is not idea. tax reform? No. There is no tax reform make-believe. This is a fact. The So, yes, we do spend some more. We in here. Do they get programmatic ini- Democratic Congress has cut taxes $194 also spend more to reduce our depend- tiatives which make sense and which billion, with $7 billion of revenue rais- ence on foreign energy because we are presented in a coherent and orderly ers. So that is the factual record with think that is a smart investment. We manner? Are there programs elimi- respect to tax cuts. The Democratic do spend some more on education be- nated that have maybe been around too Congress cut taxes by $194 billion, most cause we think that is critical for the

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1830 CONGRESSIONAL RECORD — SENATE March 11, 2008 future strength of the country. And we That is exactly what he said last year: I believe, first of all, we need more rev- do spend some more money on infra- Democrats are here to raise your taxes enue. structure because we don’t want any a trillion dollars. I think he just likes But then the Senator didn’t include more bridges collapsing, as we saw hap- that number. It doesn’t matter what the next sentence: pen in Minnesota, where the bridge budget we present; he says a trillion We need to be tough on spending. And we over 35W collapsed with people on it. dollars. I have already shown that need to reform the entitlement programs. We So, yes, we spend 2 percent more over what Democrats have done once we need to do all of it. the 5 years. For this year, the total have controlled the House and Senate That was my answer. I believe it is spending in the President’s budget is was actually reduce taxes by $194 bil- the truth. $3.04 trillion, and in our budget it is lion. That is our record so far. That is Not only have I said that, but Sen- $3.08 trillion. That is a difference of 1 a fact. There is additional revenue in ator GREGG has said we need more rev- percent. our proposal over the 5 years. You can enue. Senator GREGG himself said: All this great spending the Senator see the difference. On this chart, our We also know revenues are going to have just described—the problem is the revenue line is the green one, and the to go up, if you are going to maintain a sta- facts. The thing that gets in the way of ble economy and a productive economy, be- President’s is the red line. You can see cause of the simple fact that you are going his recitation is the facts. The facts are they are very close. If you look at the to have this huge generation that has to be that we spend 1 percent more than the numbers, over the 5 years of this budg- paid for. President in 2009. et, the President has $15.2 trillion in He is talking about the baby boom The Senator also said we have not revenue; that is the proposal he sent to generation. been responsible with the troops. Let us. We have $15.6 trillion in revenue. So if we are going to be honest with me just indicate that if we have not That is a difference of 2.6 percent. the American people, we do need to be been responsible, then the President I don’t know where the Senator tough on spending, we do need to have hasn’t been responsible either because comes up with this trillion dollars be- more revenue. I have said repeatedly we have the identical amount in our cause that is not our proposal. Our pro- that before we ask for a tax increase budget for defense and the war as the posal—when the Baucus amendment is from anyone, we ought to go after the President had in his budget—identical, adopted—is to raise $15.6 trillion, in tax gap, the difference between what is not a dime of difference. So if we have comparison to the President’s $15.2 owed and what is paid. The Internal been irresponsible, then the Senator is trillion, which is a difference of 2.6 per- Revenue Service says that back in 2001 saying the President has been irrespon- cent. that gap was over $300 billion in a year. sible because we match him dollar for Now, the other day the Senator put I think it is unfair to the vast majority dollar. up a sign that said—he quoted me in a of us who pay what we owe to allow The Senator said something that is ‘‘60 Minutes’’ interview saying that the others to escape. quite jarring. Do you remember what first thing we need is more revenue. But it doesn’t end there. We also he said about the President’s role in That is true, I did say that. They didn’t have offshore tax havens. Our Perma- the budget? He said the President include the whole quote. Here is the nent Subcommittee on Investigations doesn’t have anything to do with the whole quote from the transcript. Steve has indicated that we are losing $100 budget. Really? The President of the Kroft is talking to me, and he is asking billion a year to those offshore tax ha- United States has nothing to do with me about the head of the General Ac- vens. We have had an additional report the budget of the United States? I counting Office, who is warning the in the last 2 weeks of more of these tax don’t think so. The President sends us country that we are on an havens proliferating. If you go on the a budget. If you look at the historic unsustainable course because of the Internet and put in ‘‘offshore tax ha- record, what you find is that Congress long-term commitments that have vens,’’ you will get a million hits be- gives the President, in the budget, very been made. He says: cause there are a lot of con jobs going close to what he asks for. That is the What do you think about David Walker on. We ought to shut them down before record going back 40 or 50 years. and what he’s doing? we ask for a tax increase from anyone. Now, he added to that by saying the I said: In addition, there are these abusive President cannot veto or sign a budget. I think David Walker is providing an enor- tax shelters, where some companies are That is true. The way the process mous public service. actually buying European sewer sys- works is the President sends us his Mr. Kroft asked: tems and writing them off on their budget, and then a budget is developed books in the United States to lower by Congress that does not go to the Do you agree with his figures and his pro- jections? their taxes and then leasing the sewer President for his signature or his veto; I said: systems back to the European cities that is true. But to suggest that the that built them. President really doesn’t have anything I do. You know, I mean, we could always Mr. President, the Senator also went question the precise nature of this projection to do with the budget, that is not true. after the pay-go rule. He calls it ‘‘Swiss The President sends us his budget or that projection, but that misses the point . . . The larger story that he is telling is ex- cheese-go,’’ which is humorous, and I blueprint, and then he has the power of actly correct. always appreciate the humor. But let’s the veto to enforce all of the provisions Mr. Kroft: give both sides of the story. that flow from a budget. He can veto The pay-go rule says that if you are any appropriations bill; those are the Are most people in Washington aware of how bad it is? going to have new mandatory spending bills that spend money. He can veto or tax cuts, they must be offset or any revenue bill; those are the bills I said: must get a supermajority vote. This is that raise money. So to suggest the Yes, they know in large measure here, Re- a means of disciplining the budget President doesn’t have anything to do publicans and Democrats, that we are on a process that has worked well in the course that doesn’t add up. with the budget is really misleading to past. We have instituted it. people. I think if you just think of it in This is one place Senator GREGG and When Senator GREGG was in charge a commonsense way, of course the I are in complete agreement—that we of the Budget Committee, he said this President of the United States would are on an unsustainable course. about pay-go when he supported it: have a lot to do with the budget policy Mr. Kroft asked: The second budget discipline, which is of the country. He should have, and he Why doesn’t somebody do something about paygo, essentially says if you are going to does have. It is true he does not sign it? add a new entitlement program, or you are the budget resolution. He cannot veto My answer: going to cut taxes during a period, especially it. But he does have the capability to Because it’s always easier not to, because a period of deficits, you must offset that event so it becomes a budget-neutral event enforce its spending and its revenue be- it’s always easier to defer, to kick the can down the road. . . . that also lapses. If we do not do this, if we do cause he has the power of the veto. Mr. Kroft asked: not put back in place caps and paygo mecha- Let’s look at the question of reve- nisms, we will have no budget discipline in nues. Again, our colleague said we are Do you think taxes ought to be raised? this Congress and, as a result, we will dra- going to raise taxes a trillion dollars. My response: matically aggravate the deficit, which will

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1831 impact a lot of important issues, but espe- has not yet gone to the President. They of French, German, and Spanish Airbus cially Social Security. are claiming a $27 million shortfall. In workers this contract will employ. It is He had it right when he was an advo- fact, there are savings. also a victory for U.S. contractors who cate for pay-go. Higher education reconciliation— will work on the project. Yet I have se- We had a strong pay-go rule from 1991 more than paid for over 6 and 11 years. rious questions about whether this is a to 2000. We climbed out of the deficit They show a $26 billion shortfall. In victory for good American policy or ditch. We produced surpluses. And then fact, the savings will continue to grow American common sense. our friends came into power, and in in decades beyond the budget window, My concern for this deal is not over 2000 they dramatically weakened pay- and over 6 and 11 years that bill is com- the Defense Department’s procure- go, and look what happened. We went pletely paid for. ments. I leave that to my colleagues on right back to an ocean of red ink. We The 2007 supplemental, county pay- the Appropriations Committee. I do have now put pay-go back into effect, ments, payment in lieu of taxes, and not question the merits of one tanker since the 2004 elections. Let’s look at MILC. They claim a $6.5 billion short- plane over another. I leave that to my the record. The number of times pay-go fall. colleagues on the Armed Services Com- was raised was 13. The number of times The pay-go rule applies to mandatory mittee. But I certainly am concerned pay-go was waived was zero. Pay-go spending and revenues, not to appro- and have serious questions about this was raised 13 times and waived zero. priated accounts. Discretionary is con- deal from the perspective of inter- Pay-go is working. Excluding the trolled by separate caps. national trade. This responsibility falls AMT legislation that passed last year, The 2008 budget resolution estab- to me as chairman of the Senate Fi- the Senate pay-go scorecard has a posi- lished a new 60-vote point of order to nance Committee. The United States values competi- tive balance of $1.3 billion over 11 limit changes in mandatory spending tion and acknowledges the right of for- years. Every bill sent to the Presi- on appropriations bills and to strength- eign companies, such as EADS’s sub- dent—other than AMT and the stim- en pay-go even further. sidiary Airbus, to pursue American ulus package just passed—has been They call pay-go ‘‘Swiss cheese-go.’’ markets and customers. American con- paid for or more than paid for. Pay-go Their pay-go was ‘‘easy cheese’’—‘‘easy sumers, including the Federal Govern- also has significantly produced a deter- cheese’’ because what they allowed ment, should have the right to buy the rent effect. Anybody who doubts that under their pay-go was for the debt to product that best suits their needs. should sit in my seat for 1 week and see explode. No forecast, no projection, That is only fair. the number of times colleagues decide just the facts, just the record. They But Airbus is not just another com- not to offer spending proposals because have increased the debt from $5.8 tril- pany competing in open markets on of the pay-go rule. lion to over $9 trillion today, and under the merits of its products. It is not just On the other side, they have said that the President’s proposal, it is going to a commercial venture. Rather, Airbus there is $143 billion that they claim go to over $10 trillion. That is the is the product of four decades of ex- pay-go has been violated. Let’s look at record. plicit government-industrial policies to each one of their claims. And I only We have now reached the 11 o’clock create a European aircraft industry, an have 2 minutes left before Senator hour. Senator STABENOW is going to industry designed not just to compete STABENOW will be taking over. take the chair, and there are other with American companies but to defeat Immigration reform. They claim Senators awaiting recognition. We them with massive government fund- there is a $30 billion loophole. In fact, have a meeting to try to determine ing. Don’t take my word for it. Former zero. The immigration reform bill where we go with the rest of the day. French Prime Minister Lionel Jospin never passed the Senate. Remember, But I hope we have a good, substantive himself publicly pledged: the test is what goes to the President debate. I look forward to it. We will give Airbus the means to win the of the United States. The bill never I thank the Chair and yield the floor. battle against Boeing. went to the President of the United The ACTING PRESIDENT pro tem- True to Mr. Jospin’s promise, decade States. pore. The Senator from Montana. after decade, project after project, Eu- The energy bill—the final bill that Mr. BAUCUS. Mr. President, what is ropean governments have injected mas- was sent to the President—was more the pending business? sive amounts of subsidies into Airbus, than paid for. They claim a $4.2 billion Ms. STABENOW. Mr. President, if I including $15 billion in launch aid. shortfall. In fact, it was more than paid may, since we are on the resolution, I These subsidies underwrote between for and had a surplus of $52 million. yield time—— 60 percent and 100 percent of Airbus’s Mental health parity. That bill The ACTING PRESIDENT pro tem- commercial aircraft development hasn’t yet gone to the President. They pore. There is 71⁄2 minutes remaining in costs, including the A330 aircraft on are claiming a $2.8 billion shortfall. morning business. which this tanker aircraft is based. That bill hasn’t gone to the President; The Senator from Montana. These subsidies allowed Airbus to de- it is still in conference. The promise f velop aircraft under terms unavailable has been made by the conferees that it TANKER PROCUREMENT to unsubsidized market participants or, will comply with pay-go. as a former British Trade and Industry The prescription drug user fee Mr. BAUCUS. Mr. President, Ameri- Secretary boasted: amendments. The final bill sent to the cans have important expectations for We are not standing to one side and leav- President was more than paid for. They their public servants. They expect us ing everything to the market.... are claiming a $200 million shortfall. In to act for the common good. They ex- In fact, European subsidization of fact, it was $4 million to the good. pect us to advance our common values. Airbus was so extreme and so anti- The minimum wage increase was But first and foremost, they expect us competitive that 3 years ago, the U.S. fully paid for on a unified basis. They to have common sense. Trade Representative initiated a dis- claim a $50 million shortfall. In fact, it Last week’s Department of Defense pute settlement case in the World was zero. tanker procurement decision raises se- Trade Organization. The USTR does The Water Resources Development rious questions of common sense. not file these cases frivolously. They Act. The final bill sent to the President As some of my colleagues have al- do so when the damage is real, the case was more than paid for. It passed the ready discussed, the Defense Depart- solid, and all other means of resolution Senate on a vote of 81 to 12. ment last week awarded a $40 billion have failed. Other items they have mentioned. contract for a new generation of Air This case is still ongoing. A WTO The children’s health insurance reau- Force tanker aircraft to the European panel is currently weighing the facts of thorization was more than paid for Aeronautic Defense and Space Com- the case, the effects of these subsidies over 6 and 11 years. They claim a $45 pany, or EADS, the parent company of on our aerospace industry, and the billion shortfall. In fact, it is a savings Airbus. compatibility of these subsidies with of $207 million. Receiving this major contract is an international trade laws. The farm bill—more than paid for enormous victory for the European What defies common sense to me is over 6 and 11 years. By the way, that company. It is a victory for thousands that one arm of the administration,

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1832 CONGRESSIONAL RECORD — SENATE March 11, 2008 the U.S. Trade Representative, argues And so it is with America’s hard- thinking of the time limit for filing for subsidies to Airbus hurt our compa- working families. They have earned a tax refund. Most VA disability claims nies, skew global markets, and violate their wages with the sweat of their filed by veterans are quickly resolved, the rules of the game. Yet another arm brows. This afternoon, along with a but many disability awards are delayed of the administration, the Defense De- number of other Senators, I intend to due to lost paperwork or the appeals of partment, rewards a subsidized com- offer an amendment that would take rejected claims. pany with a $40 billion contract to pur- the surplus in the budget resolution Once a disabled vet finally gets a fa- chase illegally subsidized aircraft. and give it back to hard-working vorable award, the good news is the That is the kind of Government deci- American families who earned it. disability award is tax free, but the bad sionmaking that does not add up. It is First, our amendment makes the 10- news is many of these disabled vet- not common sense, and it raises serious percent tax bracket permanent. That is erans get ambushed by a statute that and fundamental questions about how a tax cut for all taxpayers. bars them from filing a tax refund this administration goes about its busi- Second, we are making permanent claim. Today we can give disabled vet- ness. changes to the child tax credit. That is erans an extra year to claim their tax Does the right hand of the Govern- a $1,000 tax credit per child. This tax refunds. ment know what the left hand is doing? credit recognizes that a family’s abil- Most troops doing the heavy lifting Does one agency respect international ity to pay taxes decreases as their fam- in combat situations are the lower rules and their effect while the other ily size increases. Unless we act, the ranking, lower income soldiers. Their one does not? What was USTR’s role in child tax credit will fall to $500 per income needs to count toward com- this procurement decision? And why child in 2010. puting the earned-income tax credit, or did the Defense Department appear to We are making permanent the mar- EITC. Under current law, however, in- have disregarded it? These and other riage penalty relief. Couples should not come earned by a soldier in a combat questions need answers, and I look for- pay more taxes because they are mar- zone is exempt from income tax. This ward to pursuing these answers with ried. This relief makes sure a married actually hurts low-income military my colleagues. couple filing a joint return has the personnel under the EITC. The EITC combat pay exception al- Until we hear a full accounting of same deductions and tax brackets as lows combat zone pay to count as this issue, I am left with an uneasy they would if they filed as individuals. earned income for purposes of deter- feeling that last week’s decision by the We are making permanent the mining the credit. That way, more sol- Defense Department does little for the changes to the dependent care credit. This credit is important to working diers qualify for EITC. But this EITC common good or common sense. combat pay exception expired at the Mr. President, I wish now to speak on families. It recognizes the increased cost of child care for thousands of end of 2007. an amendment I am going to offer The EITC is a beneficial tax provi- Americans, especially child care for when we get to the budget resolution. I sion for working parents. It makes no households where both parents work will offer the amendment when we are sense to deny it to our troops. Today on the resolution. I can either make outside the home. We are making permanent the we can help to make combat duty in- my statement now or wait until we get come count for EITC purposes. changes to the adoption credit. Most to the resolution. In this amendment, we are making adoptions cost more than $20,000. This The ACTING PRESIDENT pro tem- permanent provisions to allow combat pore. Time is expired. provision offers a credit of $10,000 for pay as earned income for purposes of those willing to give a child a home. f the EITC. This amendment allows This amendment is also important hard-working, low-income military CONCLUSION OF MORNING because in it we believe it is important BUSINESS personnel to get the full benefit of the to pause and reflect on the sacrifices EITC. The ACTING PRESIDENT pro tem- our men and women in uniform make A soldier’s rucksack is heavy enough pore. Morning business is closed. for us every day. as it is without loading it down with Nearly 1.5 million U.S. service men f tax burdens. We owe the soldiers fight- and women have served in Iraq, Af- CONGRESSIONAL BUDGET FOR ing in our Armed Forces an enormous ghanistan or both. Nearly 30,000 troops debt of gratitude. This amendment is THE UNITED STATES GOVERN- have been wounded in action. one small way we can salute our men MENT FOR FISCAL YEAR 2009 In September, I went to Iraq. I was and women in uniform for all they do. The ACTING PRESIDENT pro tem- impressed by what an amazing job our Also in this amendment, we are giv- pore. Under the previous order, the troops are doing. It is astounding. I ing some certainty to American fami- Senate will resume consideration of S. met many Montanans from small lies on the estate tax. Lowering the es- Con. Res. 70, which the clerk will re- towns such as Roundup and Townsend. tate tax to 2009 levels is the least we port. I saw firsthand what a heavy burden can do as we move toward estate tax The bill clerk read as follows: our troops bear for all of us. They face reform. This is the minimum that we A concurrent resolution (S. Con. Res. 70) hardships, they face danger, but they can and will achieve. setting forth the congressional budget for keep at it every day. Today, one small And we are committed to exploring the United States Government for fiscal year way to support them is to make the what more we can do. We are con- 2009 and including the appropriate budgetary Tax Code a little more troop friendly. ducting thorough studies of the issue levels for fiscal years 2008 and 2010 through We can extend the special tax rules in hearings on that subject this week. 2013. that make sense for our military that I plan to offer a second amendment The ACTING PRESIDENT pro tem- expire in 2007 and 2008. We can also that would dedicate enough additional pore. The Senator from Michigan. eliminate roadblocks in the current tax funds to estate tax reform that we can The Senator from Montana. laws that present difficulties to vet- achieve a $5 million exemption and a Mr. BAUCUS. Mr. President, I wish erans and servicemembers. 35-percent rate. to speak on the budget resolution and One problem this amendment would Through these efforts, Congress will about an amendment I will offer when address is how the Tax Code treats sur- show that we support America’s small that amendment is in order. As I un- vivors of our fallen heroes. The fami- businesses, ranchers, and farmers. To- derstand, that will be after the lunch- lies of soldiers killed in the line of duty day’s amendment also helps to address eon hour. receive a death gratuity benefit of the housing crisis. Our amendment The ACTING PRESIDENT pro tem- $100,000. But the Tax Code restricts sur- would allow middle-income taxpayers pore. The Senator is correct. vivors from putting this benefit in a who do not itemize their deductions to Mr. BAUCUS. Mr. President, the au- Roth IRA. Today, we can make sure nonetheless get a tax deduction for thor and poet, Cervantes, had a char- family members of fallen soldiers can property taxes. That would give some acter say: take advantage of these tax-favored ac- relief to hard-strapped homeowners. My wages . . . I have earned with the sweat counts. Another hazard in the tax laws Now, this amendment will not do ev- of my brows. impedes our disabled veterans. I am erything. But we will do more. As

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1833 chairman of the Finance Committee, I State income tax. So we believe it is a makes great promises for American am fully committed to tax reform. Tax matter of equity that sales taxes be de- families, but it also pulls the rug out reform can mean giving tax relief to ductible, rather than just the State in- from under them by saying: Here is the American families and businesses come taxes which is available to all of burden we are going to give to you to through simplification and sound tax the other States but not available to pay for this big Government spending policy. the seven States that do not choose to budget. This year, the Finance Committee fund their Government with an income So I hope as we consider the budget will do the spade work. We will hold tax. this week that we will take a serious hearings and prepare for the funda- These parts of the budget deserve our look at keeping some of the major pri- mental tax reform that we all want and attention and support. However, this orities, but having the good sense to expect next year, so when the next budget has a major flaw. Before long cut in other places or to remain steady President takes office, he or she will the budget had increased $22 billion in other places where there is not the make a major recommendation to the above the President’s request. We have essential need right now. We do need a Congress on tax reform. We are holding now found that over the period of time budget that looks out and says for the hearings on that so we are ready. that it has languished in the Senate long-term competitiveness and vitality But today the amendment we will committee, we are now looking at what of our country and our society and our offer shows our commitment to Amer- appears to be a ballooning of that in- work concerns and our work force: We ican families. American families crease in spending. Yet the budget do need to spur investment. We need to earned their wages with the sweat of projects a surplus of $177 billion in 2012, spur research. We need to have more their brows. This amendment takes the $160 billion in 2013, and yet the budget engineers and scientists graduating surplus and gives tax relief to those has increased by $210 billion over 5 from our universities, and we can do hard-working families. It is no less years. that by funding NASA fully, by funding than what they have earned. Now, how can we have this increase the American COMPETES Act. We Mr. President, I yield the floor. in spending and yet still have sur- must do that for the long term. But The ACTING PRESIDENT pro tem- pluses? My economics 101 tells me why not do what every family in Amer- pore. The Senator from Texas is recog- there has to be a catch because we ica does when we have essential needs nized. know there is no free lunch. So in addi- for long-term planning, but we are on a Mrs. HUTCHISON. Mr. President, I tion to the large spending increases, limited budget and we want to bring rise to talk about the Senate budget the budget includes the largest tax in- down that deficit? And that is, make resolution. This is going to be consid- crease in the history of America, $1.2 choices. ered for an entire week. It does provide trillion. The budget allows the incred- Can we not come together and make the American people with Congress’s ibly beneficial tax cuts from 2001 and choices just as we came together for blueprint for spending and fiscal poli- 2003 to expire. the stimulus package? The last thing cies and priorities. And while not bind- Now, these are the tax cuts that we want to do, since we did pass a bi- ing, it does establish the direction for spurred our economy and created mil- partisan stimulus package which the later consideration of our appropria- lions of new jobs in our country. It President’s supported, is to wipe it all tions bills. spurred the growth in our economy. out and say: Well, we are going to give I, like many of my colleagues, have When these tax provisions expire, 43 you back a little bit but we are going been reviewing the chairman’s mark million families with children will to take more. We are going to take that came out of committee and the re- have to pay an average of $2,300 more more at a time when we know America sults from last week’s markup. I am each year, and 18 million senior citi- is a little jittery about the economic impressed with parts of this budget. zens will owe $2,200 more on average. condition and looking to the future of There are some priorities in here that Twenty-seven million small businesses, the economy and our country. I hope we will do what we can on a I share with the chairman and the com- the engine of economic growth in bipartisan basis and hash out what the mittee. It fully funds the defense budg- America, will owe $4,100 more in taxes priorities are and that we can have the et. It fully funds NASA, including the on average. Almost 8 million low-in- priorities in spending without the bal- additional $1 billion that Senator MI- come workers will be added back to the looning budget and the tax increases KULSKI and I sought last year to reim- tax rolls. they propose to pay for this ballooning burse the agency for the Columbia dis- Especially during this time of eco- budget. aster, because we know NASA has been nomic uncertainty, why would we ask We do not need tax increases. We pulling from operating funds to repair our fellow citizens to pay more and rob need to make the tax cuts permanent the damage done from the Columbia dis- the jobs that have been created with that have helped so many people get aster, and this has kept it from keep- the tax cuts of 2001 and 2003? back to work, get on their feet, small ing up its research commitment. The first thing we did when we saw businesses make investments, and keep We cannot have an agency that is the slowing economy was, on a bipar- our economy going when this home supposed to be doing the state-of-the- tisan basis, have an economic stimulus mortgage crisis is trying to sort itself art research and pushing the envelope package. And what was the crux of the out. not only in aeronautics but in science stimulus package? It was to give Unless we can make some major and medicine. Yet we have a billion- money back to the people who have changes in this budget, I cannot imag- dollar shortfall taken from the re- paid taxes in rebates to help spur the ine supporting it. But we do have time. search that could fuel scientists for economy. So why would we turn We do have time to do the right thing. years to come. around in this budget and increase I am hoping we go through the amend- It funds the America COMPETES taxes and ask the people to whom we ment process, that we make the Act, which improves education, and just gave rebates, that will be in the choices that will take the taxes out, that is such an important priority for mail in the next 6 weeks, to pay more? will put the priorities in, and will get us to remain competitive. We need Consider what a $2,300 tax burden our 10-year plan started that will cre- more of our young people to go into would pay if the average American ate jobs, that will create more opportu- science and engineering, the physical family could keep the money they nities for scientists and engineers to sciences, the hard sciences. earned in that amount: groceries for graduate from our colleges and univer- We are losing our edge in this global about 8 months, health care expenses sities and have good careers, solid ca- marketplace. Congress, in a bipartisan for about a year, electricity and home reers, because we have made the right way, did pass the America COMPETES heating oil for about a year, and gaso- investments in 2008. Act, and there is funding for much of line for the car that we know is now I yield the floor. that in this bill. rising as we speak. The ACTING PRESIDENT pro tem- We must extend the sales tax deduc- How can we consider taking money pore. The Senator from Michigan is tion, which is a provision that is close away from families when we are seeing recognized. to my heart because my State and the strain of this economy be a burden Ms. STABENOW. Mr. President, in a seven others have a sales tax but no on those same families? This budget moment I am going to yield to Senator

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1834 CONGRESSIONAL RECORD — SENATE March 11, 2008 WHITEHOUSE, but I do want to respond Last month we received the Presi- pletely wipe out our national debt by for a moment because what my friend dent’s budget request for fiscal year 2009. Let me say that again: to com- from Texas is talking about, frankly, 2009. I am a member, like Senator pletely wipe out our national debt by in terms of focusing on middle-class STABENOW, of the Budget Committee. 2009. In other words, the hard work had families, is exactly what this budget This is the last budget we will receive been done. If President Bush had does. It will be enhanced by the Baucus from President Bush, and I think it is stayed the course of fiscal responsi- amendment, that takes surplus dollars an opportune time to look at how this bility, he could have been the first that are in the budget and targets administration’s policies have affected President of the United States since them right back to middle-class fami- our economic circumstances and how Andrew Jackson in 1836 to govern a lies, putting dollars into their pockets average Americans will suffer as a re- debt-free United States, an America in terms of extending the middle-class sult. with the power and the freedom to sup- tax cuts that we all support. The Bush policies have generated port its people as they sought new op- But we also do more than that. We what deserves to be known as and what portunities and new frontiers. Imagine focus on jobs. We focus on health care, I will call today, ‘‘the Bush Debt,’’ a that. investing in education and opportunity legacy of indebtedness that will burden This President’s fiscal year 2009 for the future. We are not more of the our children and grandchildren for gen- budget, instead of including debt serv- same. This budget resolution is not erations to come and cost us the oppor- ice payments, could have requested sig- more of the same of what has been oc- tunity to help millions of Americans nificant funds for Pell grants, for curring since 2001, in the last 8 years, all over this country lead lives of LIHEAP, the badly needed overhaul of particularly 6 years of that when we promise, prosperity, and happiness. As our health care system, bridge con- have seen our colleagues on the other I have traveled across my State, Rhode struction, investment in small and en- side of the aisle and the White House Islanders have told me over and over vironmentally friendly business, and countless other valuable programs for basically controlling all of the agenda their stories about struggling to make ordinary Americans. in terms of the priorities in the budget ends meet—from seniors stretching fixed incomes to pay for prescription When President Bush took office, and spending and so on. leading economists were debating the We create a budget that offers a drugs and housing to working families consequences of this great Nation debt change, a set of priorities based on the trying to heat their homes and send free, standing tall in the world with no values that are important to the Amer- their children to college. Yet President claim on it by foreign powers. But this ican people, American families, Amer- Bush in his budget for fiscal year 2009 President made a different choice. In- has proposed deep cuts to Medicare, ican jobs here, investing here. Let me stead of keeping our Nation on the deep cuts to home heating assistance first say, overall, we have a situation path to economic security and pros- for low-income families, and deep cuts where basically we have seen, under perity, to new investments in our to Federal student aid, weakening ac- this President, more debt, more tax health care system, students, seniors, cess to citizens’ basic needs. cuts for the wealthy, more spending in and veterans, the President who called The administration cites the need for Iraq, less investment in America. That for responsibility squandered away the fiscal discipline. The President says is what we have seen. surpluses he inherited, mortgaged our discipline is necessary to address our In listening to the outline of what I children and grandchildren’s futures, Nation’s growing budget deficits. What understand will be a Republican budget and compromised the quality of work- the President does not say—and prob- alternative that will be presented this ing Americans’ lives. week, it is more of the same. It is more ably never will say—is that his own ill- How can we measure the magnitude of the same. We want to reduce that advised, misguided policies created of the harm done to our economy and and balance the budget by 2012, focus those record deficits. It did not have to our people by this administration’s de- tax cuts on middle-income workers, end this way. But it did, and the Presi- cision to deviate from the responsible hard-working Americans who have not dent must bear the responsibility. policies of President Clinton? seen tax relief or investments in their Seven years ago this January, George The first chart shows the budget future and in their children’s future. Bush stood on the western steps of this plans of President Clinton as he left of- We want to refocus. Instead of talk- hallowed building and took his oath of fice and the budget formulated by ing about the spending in Iraq, we want office as President of the United President Bush. As you can see, the to be focused on spending at home. We States. In his first address to the Na- Clinton line, represented in blue, based have somewhere near $12 billion to $15 tion, George Bush pledged to call for on his levels of taxation and spending, billion a month being spent right now responsibility and try to live it as well. has budget surpluses for every single in Iraq. Even though we know the Iraqi After a divisive election, many Ameri- year of this decade. In contrast, the Government is receiving dollars in oil cans found comfort and hope in those Bush budget line, represented in red, revenues, we continue to be the ones words. On the budgetary front there has deep record-setting deficits in investing in rebuilding their commu- was good reason for optimism on that every year after 2001. nities and their jobs, their infrastruc- cold January morning. After decades of This next chart illustrates the value ture. deficit spending, bipartisan coopera- of the differences between the budget Our budget invests in America— tion between President Clinton and a landscape planned by President Clinton American jobs, American families, Republican Congress had set the Na- and the one created by President Bush. American communities. I am hopeful tion on its healthiest fiscal path in As we can see, the difference between we will see a strong vote for the budget generations. After 28 straight years of the two is a staggering $7.7 trillion. resolution we are presenting. multibillion dollar budget deficits, our This number represents the fiscal harm I now yield up to 30 minutes to my Nation saw surpluses beginning in 1998. President Bush has inflicted on our Na- friend and colleague from Rhode Is- In President Clinton’s last full year in tion. This number is ‘‘the Bush Debt.’’ land, Senator WHITEHOUSE. office, we saw the largest budget sur- It consists of a decade of foregone sur- The ACTING PRESIDENT pro tem- plus in our Nation’s history—$236 bil- pluses and new borrowing, much of it pore. The Senator from Rhode Island. lion. from foreign nations such as China, Mr. WHITEHOUSE. Mr. President, I The good budgetary news wasn’t be- Japan, and Saudi Arabia. We have even salute the leadership and the energy of hind us. The month George Bush become a debtor nation to Mexico. the Senator from Michigan in this moved into 1600 Pennsylvania Avenue, Mr. President, $7.7 trillion is more area. The Senator is clearly passionate the Congressional Budget Office, the than double the amount of public debt about the economic issues we see nonpartisan accounting arm of Con- when President Bush took office. Like across the country but those that par- gress, projected we would see surpluses most concepts of enormous size, this ticularly affect her State. There is not straight through the decade. These amount takes some thought to com- a person in this body who is not aware budget surpluses, the product of re- prehend: $7.7 trillion is $25,000 owed by of how deeply she cares and how hard sponsible governing—some might even every adult or child in the United she fights for the people of Michigan. I say fiscally conservative governing— States, squandered surpluses and new am pleased to join her on the floor. were projected to be enough to com- debt created by this President.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1835 How did we move from the path of not the whole story. There is also a tem, building new schools, repairing surpluses away from the promise of large spending component to the Bush our roads and bridges, or helping our wiping out our national debt to tril- Debt, driven principally by the war in businesses compete against foreign lions of dollars in new national liabil- Iraq. By the end of this year, the price competition. ities? One would hope this administra- tag for the war in Iraq will have ex- Individual Americans may not be tion could at least justify the Bush ceeded $600 billion. Even if we are suc- writing $857 checks to Japan or China Debt by pointing to borrowing policies cessful in pressuring this President or or Saudi Arabia, but each one of us that improved average Americans’ the next President to begin redeploying pays a steep price for the Bush debt—a lives. Unfortunately, nothing could be our troops, American taxpayers will price that is already evident in the further from the truth. Rather, this still have spent at least $740 billion on President’s budget for this year. dramatic change of course stems large- this misguided war by 2010. The budget request that included $260 ly from two of this President’s many Even if the next President gets us billion for interest payments also in- poor decisions over the past 7 years: quickly out of Iraq, as I hope she or he cluded tough talk about belt tight- first, tax cuts that overwhelmingly will, we will be paying costs related to ening. The President proposes to hold benefited the wealthy at the expense of this war for years to come. We must discretionary spending growth to 1 per- the less fortunate and, second, the care for our veterans and for the fami- cent—effectively a cut since the con- President’s endless, misguided, unpaid lies of fallen soldiers. The Congres- sumer price index grew 4.1 percent last war in Iraq. In the same inaugural ad- sional Budget Office estimates that the year. dress in which he called for responsi- cost of medical care, disability pay- His budget plan slashed funds for bility, President Bush vowed to reduce ments, and compensation for the fami- low-income heating assistance; the taxes, even though the American econ- lies of fallen soldiers will cost between COPS Program, which keeps police of- omy was booming in the 1990s, under $10 billion and $13 billion in the next 10 ficers on the beat to protect local com- tax levels set by President Clinton years alone. We have a moral obliga- munities; Federal student aid pro- which were low by both historical and tion to take care of the brave men and grams, which help young people afford international standards. women who sacrificed their youth, a college education; and community The irony, of course, is that Presi- health, limbs, and sometimes their development grants, which provide dent Bush’s tax cuts of 2001 and 2003 lives to serve their Nation. These are badly needed assistance for low-income were the height of irresponsibility. Be- costs, however, that we need never families and small businesses. The cause these massive tax cuts were pre- have had to bear. While they pale in President’s budget also calls for tre- dominantly directed at high-income comparison to the personal cost in- mendous cuts in Medicare and Med- families rather than low-income fami- curred by service members and their icaid over the next 5 years—cuts that lies, many Americans most in need of families, these monetary costs are would surely affect medical care for American families. assistance were shortchanged. These nonetheless significant, and they will President Bush is asking for more extravagant tax cuts are weighted affect America’s security for decades money to continue his misguided war heavily toward the wealthiest Ameri- to come. in Iraq, more money to service the debt cans. In fact, 71 percent of the value of Like all debt, the Bush Debt requires he created, and more money to pay for the tax cuts in 2009 will go to the interest payments. Every day Ameri- tax cuts for the wealthiest Americans, wealthiest fifth of Americans, with a cans make interest payments on mort- but less money to help the millions of staggering 28 percent of the value of gages, car loans, student loans, or cred- people all across this country who need the tax cuts going to the top 1 percent it cards. According to President Bush’s health insurance or food for their fami- and almost nothing at all going to the proposed budget for fiscal year 2009, lies or better schools for their children lowest earning fifth, families who earn next year alone, America will owe $260 or a home they can afford. Those are $15,000 a year or less. This is George billion in interest on the Bush Debt. not the correct priorities for America, Bush’s idea of fair tax cuts. And Presi- Two hundred sixty billion in interest President Bush. dent Bush’s insistence on forcing payments equates to $857 to our credi- What if President Bush had never cut through these cuts without making up tors in Japan, China, and Saudi Arabia rich Americans’ taxes or taken us to for the lost revenue, to defer that pain for every man, woman, and child in the war in Iraq? What if the fiscally re- to later administrations and later United States, next year and the year sponsible policies of the Clinton admin- years, was not only cowardly leader- after that and long into the future. istration had continued to the present ship, but it left our budget in precar- To make matters worse, if you can day? What if our public debt had been ious straits. The Bush tax cuts cost a believe this—hold on to your hat—the paid entirely by the end of next year, staggering $1.9 trillion and account for Bush administration is borrowing the leaving us free to invest in our people 25 percent of the $7.7 trillion Bush Debt money to make the interest payments, and our future? What if there were no measured from the start of the Bush further adding to the debt. Imagine if $7.7 trillion Bush debt and no $260 bil- presidency through 2010, when the tax we could take the $7.7 trillion Bush lion in interest payments next year? cuts are set to expire. Debt off budget and set up a separate What could this country—the land of Every American knows the impor- revenue system to make the interest opportunity and possibility—be doing tance of balancing his or her own payments—to feed the beast. Then with an extra $260 billion a year? household budget. Every American every taxpayer would see we are doing Well, for just $5 billion—or 2 percent knows the struggle of keeping spending something about this unprecedented of the interest cost of the Bush debt in in line with income, making sure there debt. We should consider forming a 2009—we could provide health insur- is enough money to pay for clothing, commission, a Bush Debt repayment ance to 3.8 million more children food, home heating, college tuition, authority, to study the possibility of through the Children’s Health Insur- and maybe a little for vacation or bringing the Bush Debt off the budget ance Program—the very initiative going out to the movies. Most Ameri- to show the American people how much President Bush vetoed last year. Actu- cans do a good job of balancing budgets this President has cost them, to pay ally, according to the Kaiser Family but not President Bush. Rather than the Bush Debt down responsibly over Foundation, we could provide health living by his inaugural pledge of re- time, the way Government often steps insurance to every uninsured Amer- sponsibility, President Bush preferred in to pay down a disaster debt respon- ican—adults and children—for $173 bil- to score political points by delivering sibly over time, and to show our chil- lion. So well within the amount of massive tax cuts to his wealthiest sup- dren and grandchildren that we were money we will need to spend next year porters. He chose not to remain on a not all cowards pushing our costs onto to service the Bush debt, we could com- responsible fiscal path and instead put them. pletely cover every American with this country under the crushing burden This enormous interest payment quality health care. of a multitrillion-dollar debt, the Bush isn’t an abstract idea dreamed up by There are many other worthy pro- Debt. economists. This $260 billion is pre- grams we could fund with the remain- These tax cuts, while a large slice of cious cash flow that could otherwise be der of the $260 billion interest pay- the Bush Debt pie, are unfortunately spent improving our health care sys- ment. Our Program, which

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1836 CONGRESSIONAL RECORD — SENATE March 11, 2008 helps prepare preschool-age children ing foreign nations to invest in their curbed, the entitlement crises would be from low-income families to succeed in economies and infrastructures. If not addressed, and the debt would be at- kindergarten and beyond, currently for the Bush debt, that money could be tacked. has barely enough resources to cover invested here at home, helping to grow I do want to take a moment to re- half of the 2 million children who are American businesses and generate in- spond to the attempt of my colleague eligible. The remaining 1 million chil- come and strength for our own future from Rhode Island—who just left the dren could be covered for an additional generations. Instead, the Bush debt has floor—about trying to say this is all $7 billion. helped, and will continue to help, boost President Bush’s problem. It is not. It Pell grants, named after my distin- the Chinese economy at the cost of our is all of our problem. For example, the guished Senator from Rhode Island, own. The Bush debt will send trillions budget we have before us has over $2 Claiborne Pell, help college students of dollars to foreign nations over the trillion that it adds to the national afford the steep costs of their edu- coming years, giving them even more debt. There are some basic reforms we cation. We made progress last year in dollars to buy up our American busi- have to do if we are going to correct increasing funding for the Pell Grant nesses. the debt problem that has been accru- Program, but Pell grants only fund a When the Presidency of George W. ing over the years. We have to reform small fraction of tuition for many stu- Bush comes to its long-anticipated end entitlements especially. dents. It used to fund about half of the on January 20, 2009, it will leave in its We now, however, have results in this tuition. It has slipped to less than a destructive wake trillions of dollars in budget, not predictions. When all was third today. We could double every sin- debt owed to other nations, many of said and done last year, there was an gle Pell grant next year, raising the which do not have America’s best in- $83 billion increase in discretionary maximum grant to over $8,400, for $18 terests at heart. This administration spending. There was $143 billion in pay- billion. will leave behind an America whose go violations. We did not close the tax With the remaining $62 billion in our standing in the world and whose regard gap. We added to the debt. We did noth- ‘‘world without Bush,’’ we could bring among its fellow nations has been ing for entitlement reform. Reconcili- up to code 95 percent of the struc- weakened and degraded by a war that ation was used to add spending, not re- turally deficient and functionally obso- seems to have no end—a fiscally weak- duce it. Reconciliation was originally lete bridges in the country, with all the ened nation, a borrower, with a falling put in for that sole purpose: to reduce work and jobs that would entail. My economy, struggling under the Bush spending. We assumed tax increases. home State of Rhode Island has the un- debt. So as we begin consideration of the happy distinction of having the highest Worst of all, this President will leave fiscal year 2009 budget resolution, I percentage of structurally deficient behind millions of Americans who, had hope everyone is aware of what was bridges in the country. But following this administration merely stayed the promised last year and what tran- the tragic bridge collapse in Min- course of fiscal responsibility char- spired. I hope they will use that knowl- neapolis last year, there is a renewed tered by President Clinton, would be edge when considering this budget doc- awareness of the urgency of updating far better off than they are today. ument. our national transportation infrastruc- They would be, starting in 2009, in a I would like to talk about the items ture. That $62 billion covers 95 percent debt-free United States that could af- that concern me in this budget. Now of our Nation’s deficient bridges and ford to assist working families with the that our economy is trending in the funds those repairs in fiscal year 2009. costs of a college education, to over- wrong direction, and when we really What about the other 5 percent? Well, haul our health care system, to repair need the benefits of a reasonable and we will have another $280 billion in our crumbling infrastructure, to invest progrowth tax policy, we are going to Bush debt interest payments coming in small and green businesses, and to depress our economic growth by adding up in 2010. We could spend it—if we improve the lives of average Americans to the debt and increasing taxes in this could—to fix those bridges. in countless other ways. budget. Another year of tragic lost opportu- We cannot ignore the Bush debt. We are not addressing the entitle- nities. We will make annual interest While George Bush starts packing for ment crises in this budget. Everyone payments of this magnitude until a fu- his retirement on his Texas ranch, knows it is there. It is a huge ava- ture President takes on the daunting those of us who care about the future lanche of debt waiting to bury our fu- challenge of paying down the principle of our Nation—the future of our chil- ture. The sooner we act, obviously, the of the national debt left for us by dren—must work toward undoing the better. The longer we wait, the more President Bush. damage this President has done. drastic it will be, and more expensive. Well, that is quite a list: cover every Mr. President, I submit that we need But we do nothing. We are not even uninsured American with health insur- to see the Bush debt as a serious na- doing something as productive as fid- ance, fully fund the Head Start Pro- tional problem, a fiscal, economic, and dling. We are just talking, year after gram, double each and every Pell national security threat, and engage in year, and perhaps wishing our national grant, and repair our deficient bridges. a solemn and serious way, as the trust- debt will go away. Sadly, we do none of that. We use that ees of our national welfare, to confront In this budget, we are raising taxes money to pay the interest on the Bush the Bush debt. on the middle class. This budget can- debt. We will be making payments for Mr. President, I yield the floor. not be paid for by closing the tax gap. the Bush debt for decades into the fu- The ACTING PRESIDENT pro tem- It cannot be paid for by closing loop- ture. pore. Who yields time? holes. It cannot be paid for by shifting An often ignored yet critical aspect The Senator from Colorado. dates around on revenues or outlays. of the Bush debt is the effect interest Mr. ALLARD. Mr. President, I be- And it surely cannot be paid for by in- payments have on our national secu- lieve I am scheduled to give a speech creasing the taxes paid by the super- rity—the very interest the administra- for about 10 minutes or so. rich, the rich, or just the very-well-to- tion purports to be advancing through The ACTING PRESIDENT pro tem- do. It will only be paid for by reaching its misguided war in Iraq. This chart il- pore. Without objection, it is so or- down into the average earners and rais- lustrates the point. dered. ing their taxes as well. Under this To service the Bush debt, we have Mr. ALLARD. Mr. President, I spoke budget, the average family with chil- borrowed more money from foreigners, last week in the Budget Committee, of dren will pay $2,300 more each year. more money from other nations, such which I am a member, about the dif- Seniors will pay $2,200 more each year. as China, Japan, and Saudi Arabia, ferences between this year’s consider- Small businesses will pay $4,100 more under George Bush than under all 42 of ation of the budget resolution and last each year. his predecessors combined. The result year’s. When we consider these tax in- of this foreign borrowing is that a large Last year, we were obligated to ac- creases, let’s remember, last year we portion of the interest payments we cept the assurances from the majority were assured we would see tax relief. make gets sent overseas, supplement- that under their new regime pay-go The first vote we were presented on the ing the income of foreigners and allow- would be respected, spending would be budget last year was to budget for an

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1837 alleged middle-class tax cut. But this technical definitions that have no basis for the future, green-collar jobs. We never materialized. in reality. We have enacted wildly un- know we can create thousands and What has materialized is spending in- realistic program cuts and sunsets to thousands of jobs by focusing in this creases. This budget adds $210 billion hide true costs. Pay-go has been prom- area, and we do that. over 5 years. The gross debt will ex- ised and praised, but it allowed $143 bil- The second area is jobs for rebuilding pand by $2 trillion by 2013. This year, lion in deficit spending to occur. America. We know for every $1 billion we are spending three-quarters of a bil- I noticed when we started the session we put into rebuilding our roads and lion dollars of the Social Security sur- this year, Senator GREGG, our ranking bridges and schools and water and plus. This year, we are increasing top Republican on the Budget Com- sewer, we create 47,500 new good-paying spending by $22 billion, without fully mittee, was pointing to his Swiss American jobs. You can’t outsource funding the war. cheese example of how they have been those jobs. Those are jobs here in Now, about that. I know there will be able to get around the pay-go rules. America, and that is what we need to those who say they are just following I believe Congress, and especially the do. the President. But the budget is a con- Budget Committee, should be com- Then, finally, there is a focus on edu- gressional document. Say what you mitted to rigid budget discipline, not cation and job training. We know that want about the ideas in this document, politically expedient gamesmanship. I for the future, for ourselves, and for but it was written and prepared on the would urge a return to a tighter and our children and grandchildren, it is sixth floor of Dirksen, not in the White more credible budget document. I plan opportunity, it is education, it is fully House. The ‘‘they did it first’’ argu- to offer several amendments to shore funding the law that was passed called ment is not one I accepted from my up the fiscal discipline we are seeing Leave No Child Behind and creating children, and I am not going to accept erode in this budget. job-training opportunities. People in it here. I yield the floor, and I suggest the ab- my State have lost their jobs because We know the war is expected to cost sence of a quorum. of trade, so we have something called $170 billion this year. We have an obli- Ms. STABENOW. Mr. President, rath- trade adjustment assistance that has gation to budget for that amount. It is er than do that—— been consistently underfunded. Yet we honest budgeting. I will be offering an Mr. ALLARD. Mr. President, I with- have individuals, through no fault of amendment to do just that. If we are draw that request. their own, who have seen their jobs go going to pay for this war, fiscal dis- The ACTING PRESIDENT pro tem- overseas. They are middle-class fami- cipline and legitimate budgeting re- pore. The Senator from Michigan is lies trying to care for their families, quirements demand that we include recognized. trying to pay that mortgage we are all those costs. Ms. STABENOW. Mr. President, I talking about right now with the hous- There are those who do not want to know we are waiting for other col- ing crisis and trying to have the Amer- fund our campaign in Iraq. There are leagues to come to the floor, but let me ican dream for their families. Yet TAA, those who want to end the war as soon summarize our priorities for a moment which was set up to help them go back as possible, regardless of the damage in terms of this budget resolution. to school, get training, help cover their that might do. They are entitled to There are a number of things we are health care costs for 2 years while they those views. But there is no legitimate doing that are very important, such as are doing the training, has been con- reason to fail to include the known es- restoring the cuts the President made sistently underfunded. We have legisla- timates of the war into our budget. overall in health care and the fact he tion to fully fund and expand the sup- Failure to do so is pure gimmickry and wanted to eliminate the COPS Pro- port for families under TAA. devalues the budget exercise in which gram that puts thousands of police offi- So we wish to make sure job training we are engaged. Hiding the war costs cers on the streets in our communities. and education are also a part of this. from view, when every Member knows We have restored those and other es- This is jobs, jobs, jobs. we will be spending more, is ridiculous. sential dollars for homeland security, I wish to focus for a moment on one On that topic, my second great con- firefighters, and so on. of those areas because it directly re- cern with this budget is the budget We have also picked three priorities, lates to what I said a moment ago as it continues the erosion of fiscally re- as we did last year, to focus on in relates to gas prices inching up toward sponsible processes. We are seeing in- terms of new investments, given what $4 a gallon. We have to change this sce- creases in reserve funds. There are 37 is happening to middle-class families nario. I know our Presiding Officer un- this year, up from 24 last year. They across the country and given the fact derstands this and has spoken about contain up to $300 billion in spending that middle-class families feel squeezed this. We have to get off foreign oil, in- that hangs over our Treasury and tax- on all sides. Gas prices are up. In fact, vest in the new alternative energies payers as a threat. I have heard them I saw today they are inching toward $4 that create jobs, that create alter- referred to as harmless, but any device a gallon. According to the Detroit natives in terms of being independent that serves to weaken the authority News, a paper in Michigan, the chances of foreign oil, and address gas prices di- and legitimateness of our budget is that gas prices will hit $4 a gallon in rectly, which are hitting people right simply not harmless. the summer are growing with every up- between the eyes right now in terms of Many feel these reserve funds have tick in the price of oil. We are hearing what is happening. become an overcomplicated type of all about what is happening to families Our green-collar jobs initiative fo- sense of the Senate, but they weave in terms of the price of gas, the price of cuses on energy efficiency and con- weakness into what should be a rigid health care, the price of college and on servation, investment in battery tech- and honest budget document. and on and on. People are being nologies, retooling older plants so we Another erosion of fiscal discipline is squeezed on all sides. are keeping our jobs here in America, the use of reconciliation—a process We also know the best economic and biofuels production and access. We originated to cut Government spend- stimulus is a good-paying American have to have the pump available. You ing—for spending increases. We saw job. So to address that, we have fo- can grow the fuel, you can make the that last year. We have heard rumors cused on three priorities in this budget. vehicle, but the pumps, if they are not and intentions of it being done again It is very simple: jobs, jobs, jobs. What available, we are not going to achieve this year. Unfortunately, this will be do I mean by that? We are focusing on the goal. something we are not sure of until it is three areas, one that also addresses our Finally, there is a green-collar job too late, and that is when the con- dependence on foreign oil. It addresses initiative. These are five areas we have ference report is before us. the critical issue of global warming focused on in terms of investing in the We also see pay-go rules being ver- and where we need to go as we look to future of our country. That is what we bally respected but ultimately dodged the future for our families. But it also are all about. For us, this is all about through various ploys. The first year creates jobs. There is a green-collar focusing on America, about focusing on test of deficit neutrality was dropped. jobs initiative to invest in those new folks who every day get up, play by the We have shifted the timeliness of tax technologies, the new energy efficiency rules, work hard every day, and want payments and spending costs to meet jobs, weatherization jobs, innovation to know America is going to work for

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1838 CONGRESSIONAL RECORD — SENATE March 11, 2008 them and that they are going to be through veterans health care. Let me talked about what we need to do as a able to keep their home and be able to remind my colleagues it was our budg- Federal partner to help in the biotech send their kids to college and have the et resolution, not the President’s, that industry and to help with new, creative health care they need and have that made that a reality. It is important innovations in America. We talked job which is going to allow them to be what we include in a budget resolution. about the NIH budget and how the able to keep their standard of living It speaks to the priorities of our coun- Bush administration’s budget would and, in fact, live the American dream. try. level fund—which is a reduction—the That is what our budget resolution is We had significant bipartisan sup- number of projects NIH could partici- all about: jobs, jobs, jobs. I am very port—two-thirds of our Members—who pate in. The budget resolution we have pleased we have, in fact, put together supported the Children’s Health Insur- before us today would allow us to in- something that makes sense for Amer- ance Program. We made room for that vest in research in America to help ican families. in the budget. I regret that the Presi- keep jobs here in America, to develop I see my colleague from Maryland is dent vetoed it. The President was the type of technology that we know here and who is a distinguished mem- wrong. We are going to come back to Americans are capable of doing. ber of the Budget Committee. He was a that. But we, as Members of the Sen- But the Federal Government should distinguished leader in the House of ate, spoke to the priorities to take care be a partner, and NIH always has en- Representatives before coming to us. of our children’s health care needs. joyed bipartisan support. Our budget So I yield now to the Senator from That was in last year’s budget. What allows NIH to expand to cover more of Maryland for whatever time he wishes we did last year is create a glidepath the very worthy requests that they re- to consume. that is going to bring us to a balanced ceive every year. The ACTING PRESIDENT pro tem- budget faster than the President. So The budget provides for dealing with pore. The Senator from Maryland is not only are we investing in America’s the housing crisis. We have a con- recognized. future, we are doing it in a more fis- tinuing housing crisis in all parts of Mr. CARDIN. Mr. President, I thank cally responsible way. our Nation. In my State of Maryland, my friend from Michigan for her I also appreciate—and I might speak we have record numbers of fore- friendship, but more importantly I parochially for one second for the peo- closures—people who cannot afford thank her for her work on this budget ple of Maryland—the cuts to the Chesa- their mortgages because of the adjust- resolution we have before us. She has peake Bay program would have been able rates coming in that were been a very articulate and effective very severe if the President’s budget subprime mortgages. We can do better leader on the Budget Committee to was passed. Fortunately, we had our than that. We have already heard bi- make sure our budget resolution fo- budget resolution that allowed our partisan support for giving the Govern- cuses on job growth in America and committees to come in with resources ment more authority to deal with refi- that invests in the people of this coun- so the Federal Government could con- nancing loans, giving better counseling try so we can compete internationally tinue to be a partner in the Chesapeake to people who are in the market to buy and keep jobs here in America. I thank Bay. a home and take out a mortgage. I her very much for her leadership on the So I think this debate is very impor- hope to provide additional incentives committee and for what she has done tant. I think the budget resolution so people can stay in their homes, and to help the people of our country. that is before us, as my friend from so they can buy homes, and so home- This budget resolution, as the Sen- Michigan pointed out, speaks to invest- owners can sell their homes. We need ator from Michigan pointed out, is our ing in the people of this country and to do that for the sake of the individ- blueprint. It is what we believe are the speaks to job growth in America. Now, uals involved. We need to do it to pre- priorities of America in terms of what how is that done? Well, this budget res- serve communities, property tax reve- we need to do to move this Nation for- olution, compared to the President’s, nues for local government, and we need ward. I think we can perhaps judge how allows us to invest in education. Last to help spur economic growth. important this budget resolution is, year, we did it in higher education. This budget allows for those types of based on what happened last year. I This year, we can invest in teacher programs to reach the floor of this heard a lot of my friends comment quality and in schools in our commu- body for consideration. The President’s about last year’s budget resolution, nities so every child can get a quality budget would not allow us to do that. whether it would make a difference in education. That should be our goal. This budget provides for middle-income the lives of people in our country. Our budget moves us toward a Federal tax relief. You have heard the chair- When we look at the budget resolution partnership to achieve those goals; man talk about it. The AMT is very we enacted last year, based upon the whereas the President’s budget would important. It is important that we ex- President’s submission, I think we not let us move forward. tend that relief; otherwise, literally have a right to be proud of how impor- We all talk about how we are going hundreds of thousands of Marylanders tant this debate is for the American to become energy independent and how will fall within the AMT, and millions people. Let me point out that if we we are going to become friendlier to- of Americans will fall into a tax we didn’t pass that budget resolution last ward the environment. Our budget res- never intended for them to have to pay. year—my colleagues know about the olution allows us to move in that direc- Our budget resolution provides for that higher education bill that passed and tion; once again, compared to the type of relief. was signed into law and supported by President’s budget, it wouldn’t happen. One more thing about this budget almost all my colleagues; that is going In health care, our budget provides resolution. This budget resolution ac- to make a major difference in the abil- for the expansion of the Children’s tually moves us toward a balanced ity of families to afford higher edu- Health Insurance Program. I know we budget faster than the President’s cation, the largest single increase in fi- have a difference with the President on budget. I could go back and talk about nancial aid since the GI bill after this. We are going to win this battle. If 7 years ago, and how we had all these World War II. Well, that bill couldn’t it is not in 2008, we will win it in 2009. surpluses, and how the Bush policies have happened but for the ability of Over 100,000 children in my State have have led to these huge deficits. I can the budget resolution to allow it to be no health insurance. The Children’s talk with a lot of credibility on it be- considered. So I think we should be Health Insurance Program needs to be cause I didn’t support the President’s very proud we were able to accomplish expanded. We need to make sure every economic plan. I said it was wrong for that. My colleagues seemed to support child in America—quite frankly, I us to spend the surplus before it was that, although some seem to have ques- think every family in America—should fully there, wrong for us to do this war tions about this budget resolution. The have access to affordable, quality funding without paying for it, wrong to President’s budget would not allow us health care. give out tax cuts to wealthy people to have had that. For infrastructure needs, meaning in- when we were in a deficit. I thought we I have heard most of my colleagues vesting so we can create jobs, is very owed it to our children and grand- talk in glowing terms about what we important. I came from a meeting with children to pay for our bills today. But did last year to help our veterans biotech leaders in my State where we I was outvoted and we did it. Now we

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1839 have the Bush deficits that we have to This budget is a good investment for member those who are serving our Nation in deal with, and we cannot rewrite his- America’s future—that is what it is—so Afghanistan and throughout the world. tory. It is our responsibility to balance we can become more competitive and There being no objection, the Senate the Federal budget. pay down our debt, so we can provide proceeded to consider the concurrent The budget resolution we have before the appropriate relief to middle-income resolution. us, offered by the Budget Committee, families. It is about choices, and we Mr. BAUCUS. Mr. President, I ask puts us on a glidepath to balancing the made tougher choices. We could not do unanimous consent that the concur- budget at a faster rate than the Presi- everything we wanted to do. rent resolution be agreed to and the dent’s budget would. So we are acting I want to make this point: Consid- motion to reconsider be laid upon the fiscally responsible and investing in ering the legacy of the Bush deficits we table. America’s future, investing in jobs, and have to deal with, considering the eco- The PRESIDING OFFICER. Without providing the appropriate tax relief for nomic problems this Nation is con- objection, it is so ordered. middle-income families. fronting, considering the political re- The concurrent resolution (H. Con. I thank Chairman CONRAD for his co- alities we have to work with, where Res. 313) was agreed to. operation and leadership and for bring- there are serious differences between f ing us all together on the Budget Com- the majority in Congress and President CONGRESSIONAL BUDGET FOR mittee. I particularly thank him for Bush, considering all those issues, con- THE UNITED STATES GOVERN- the help on an amendment I was able sidering the Bush budget and how that MENT FOR FISCAL YEAR 2009— to get into the budget resolution, would lead us into red ink by providing Continued which will help in providing dental tax relief to individuals who I don’t be- care particularly to our children. lieve need it—particularly when we are The PRESIDING OFFICER. Who I mention that whenever I can be- asking our children and grandchildren seeks recognition? cause a little over a year ago, a 12- to pick up those costs—considering all AMENDMENT NO. 4160 year-old boy from Maryland, who lived that, and considering that this budget Mr. BAUCUS. Mr. President, I send about 6 miles from here, Deamonte puts a priority on job growth and the an amendment to the desk. Driver, had a toothache. His mom tried competitiveness of our Nation, I urge The PRESIDING OFFICER. The to get him to a dentist. Social workers my colleagues to support this resolu- clerk will report. made numerous phone calls to try to tion. I think it is worthy of strong sup- The assistant legislative clerk read find a dentist to take care of his needs. port in this body. I am certain when we as follows: That was in 2007, in the United States pass this resolution and reconcile it The Senator from Montana [Mr. BAUCUS], of America, in my own State of Mary- with the House, many of the imple- for himself, Mr. BAYH, Mr. PRYOR, Mr. NEL- land. They could not find a dentist who menting bills are going to enjoy large SON of Florida, Mr. SALAZAR, Mr. ROCKE- would take care of him. He only needed bipartisan support. FELLER, Mr. TESTER, Mr. BROWN, Mr. MENEN- an $80 tooth extraction. Instead, he suf- This budget resolution deserves that DEZ, Mr. BINGAMAN, and Mr. CONRAD, pro- fered from abscessed teeth and he had support. I am proud to endorse it, and poses an amendment numbered 4160. to go through two brain surgeries, I urge my colleagues to support it. Mr. BAUCUS. Mr. President, I ask costing a quarter of a million dollars, Mr. CARDIN. Mr. President, I suggest unanimous consent that the reading of and he lost his life because we would the absence of a quorum. the amendment be dispensed with. not invest in access to affordable den- The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. Without tal care for our children. pore. The clerk will call the roll. objection, it is so ordered. I thank Chairman CONRAD for allow- The assistant legislative clerk pro- The amendment is as follows: ing an amendment to be added to this ceeded to call the roll. (Purpose: To provide tax relief to middle- budget bill that will allow the Finance Mr. CARDIN. Mr. President, I ask class families and small businesses, prop- Committee to bring a bill to this floor unanimous consent that the order for erty tax relief to homeowners, relief to that will make sure we will have no those whose homes were damaged or de- the quorum call be rescinded. stroyed by Hurricanes Katrina and Rita, more tragedies like Deamonte Driver’s The ACTING PRESIDENT pro tem- in America, and make sure our chil- and tax relief to America’s troops and vet- pore. Without objection, it is so or- erans) dren have access to dental care. It is dered. the No. 1 leading disease affecting chil- On page 3, line 11, decrease the amount by f $1,755,000,000. dren. The number of children who have On page 3, line 12, decrease the amount by untreated tooth decay is alarming, par- RECESS $1,730,000,000. ticularly in minority communities and Mr. CARDIN. Mr. President, I ask On page 3, line 13, decrease the amount by in rural areas. We can do much better. unanimous consent that the Senate $28,324,000,000. This budget resolution will allow us to stand in recess under the previous On page 3, line 14, decrease the amount by move in that direction. $167,072,000,000. order. On page 3, line 15, decrease the amount by I thank Chairman CONRAD for allow- Thereupon, the Senate, at 12:25 p.m., ing us to move forward with NIH re- $141,689,000,000. recessed until 2:15 p.m. and reassem- On page 3, line 20, decrease the amount by search so we can do much better. In the bled when called to order by the Pre- $1,755,000,000. 1990s, we were committed to doubling siding Officer (Mr. CARPER). On page 3, line 21, decrease the amount by the amount of money in NIH. It was a f $1,730,000,000. great day for this Nation. But the Bush On page 3, line 22, decrease the amount by budgets would have us fall back and AUTHORIZING USE OF THE $28,324,000,000. lose our competitive advantage. The ROTUNDA On page 3, line 23, decrease the amount by $167,072,000,000. budget before us will allow us to con- Mr. BAUCUS. Mr. President, I ask tinue to make progress in the Federal On page 3, line 24, decrease the amount by unanimous consent that the Senate $141,689,000,000. Government on NIH research. proceed to the immediate consider- On page 4, line 5, increase the amount by On Amtrak funding, I thank the ation of H. Con. Res. 313, received from $22,000,000. chairman and the committee for allow- the House and at the desk. On page 4, line 6, increase the amount by ing us to move forward. Senator LAU- The PRESIDING OFFICER. The $97,000,000. TENBERG has been particularly effective clerk will report the concurrent resolu- On page 4, line 7, increase the amount by in bringing this issue to our attention. tion by title. $846,000,000. We need an efficient rail system in this On page 4, line 8, increase the amount by The assistant legislative clerk read $5,664,000,000. country. as follows: We have read recently about how we On page 4, line 9, increase the amount by A concurrent resolution (H. Con. Res. 313) $13,496,000,000. have to monitor our water more effec- authorizing the use of the rotunda of the On page 4, line 14, increase the amount by tively. The budget before us gives us a Capitol for a ceremony to honor the 5 years $22,000,000. much better chance of achieving those of service and sacrifice of our troops and On page 4, line 15, increase the amount by objectives than the President’s budget. their families in the war in Iraq and to re- $97,000,000.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1840 CONGRESSIONAL RECORD — SENATE March 11, 2008 On page 4, line 16, increase the amount by The amendment shows our commit- Mr. BAUCUS. Mr. President, there is $846,000,000. ment to American families. The one point in this amendment that On page 4, line 17, increase the amount by amendment takes the surplus and re- needs explanation, and the Senator $5,664,000,000. On page 4, line 18, increase the amount by turns it as tax relief to those hard- from North Dakota touched on it. It is $13,496,000,000. working families. I urge my colleagues basically this: Under our tax laws On page 4, line 23, increase the amount by to join me in supporting this amend- today, only those tax filers who $1,777,000,000. ment. itemize their deductions can take ad- On page 4, line 24, increase the amount by I spoke at length about this amend- vantage of the property tax deduction. $1,827,000,000. ment earlier today. This is a very brief Only those Americans who itemize On page 4, line 25, increase the amount by summary, now that we are on the their deductions can take a property $29,170,000,000. amendment. tax deduction which, therefore, lowers On page 5, line 1, increase the amount by $172,736,000,000. The PRESIDING OFFICER. The Sen- their income taxes. About two-thirds of On page 5, line 2, increase the amount by ator from North Dakota. Americans do not itemize. Two-thirds $155,185,000,000. Mr. CONRAD. Mr. President, I ask of Americans take the standard deduc- On page 5, line 8, increase the amount by the chairman of the Finance Com- tion. If they take the standard deduc- $1,777,000,000. mittee, Senator BAUCUS, if I might be tion, they cannot, therefore, deduct On page 5, line 9, increase the amount by listed as an original cosponsor as well. their property taxes from their income $3,604,000,000. Mr. BAUCUS. Mr. President, I make taxes. On page 5, line 10, increase the amount by that request. This amendment says all home- $32,774,000,000. The PRESIDING OFFICER. Without On page 5, line 11, increase the amount by owners can take the standard deduc- $205,510,000,000. objection, it is so ordered. tion; that is, it makes no difference On page 5, line 12, increase the amount by Mr. CONRAD. Mr. President, I thank whether you itemize or whether you $360,695,000,000. the chairman of the Finance Com- take the standard deduction. In either On page 5, line 16, increase the amount by mittee, Senator BAUCUS, for this excel- case, you are able to take full advan- $1,777,000,000. lent amendment. This will extend the tage of the property tax deduction to On page 5, line 17, increase the amount by middle-class tax cuts, the 10-percent lower your property taxes. $3,604,000,000. bracket, the childcare credit, and the This will help in some small way to On page 5, line 18, increase the amount by marriage penalty relief provisions. All $32,774,000,000. prevent the reduction of housing prices On page 5, line 19, increase the amount by those tax cuts will be extended. in some parts of the country where it is $205,510,000,000. In addition, as I understand it, the a real problem. It is clearly not the full On page 5, line 20, increase the amount by chairman of the Finance Committee answer, but it at least is a way to help $360,695,000,000. has crafted an amendment that will in- and also gives tax relief to middle-in- On page 26, line 16, increase the amount by clude significant estate tax reform be- come taxpayers because those tax- $22,000,000. cause we are now in this unusual situa- payers who do not take the standard On page 26, line 17, increase the amount by tion of where, under current law, the deduction, those taxpayers who itemize $22,000,000. estate tax will go from a $3.5-million On page 26, line 20, increase the amount by are probably a little bit wealthier than $97,000,000. exemption per person in 2009 to no es- are taxpayers who take the standard On page 26, line 21, increase the amount by tate tax in 2010, and then in 2011, the deduction. $97,000,000. estate tax comes back with only $1 mil- We are saying, if you take the stand- On page 26, line 24, increase the amount by lion exemption per person. The amend- ard deduction, you now can itemize $846,000,000. ment of the Senator from Montana this one item; that is, your property On page 26, line 25, increase the amount by would make certain it stays at $3.5 mil- taxes. Technically, it is called above $846,000,000. lion and is allowed to rise with infla- On page 27, line 3, increase the amount by the line. Basically, it means if you $5,664,000,000. tion. take the standard deduction, you get On page 27, line 4, increase the amount by The Senator from Montana has also full benefit of your property taxes; you $5,664,000,000. added provisions for those who are can take the deduction against your in- On page 27, line 7, increase the amount by serving in the military and also has come. And that is in this amendment. $13,496,000,000. provisions that will provide for prop- The PRESIDING OFFICER. The Sen- On page 27, line 8, increase the amount by erty tax relief because we know that ator from North Dakota. $13,496,000,000. across the country, at the very time Mr. CONRAD. Mr. President, I thank The PRESIDING OFFICER. The Sen- house prices are falling, property taxes the chairman of the Finance Com- ator from Montana. in many jurisdictions are rising, and mittee. I also ask him, as I understand Mr. BAUCUS. Mr. President, this is people don’t get the benefit of the de- it, the Defenders of Freedom Tax Relief the amendment about which I spoke duction because of the formalities of Act is also part of this package. this morning. This amendment would the current Tax Code. All these items Mr. BAUCUS. That is correct. Basi- take the surplus in the budget resolu- are addressed in the amendment of the cally, it is in this amendment, hon- tion and give it back to the hard-work- chairman of the Finance Committee. oring our men and women who are ing American families who earned it. It I wish to express my appreciation. standing up for us in Afghanistan and would make permanent the 10-percent This will still permit the budget to be Iraq. tax bracket. It would make permanent in balance by the fourth year and to Mr. CONRAD. And that package the child tax credit. It would make per- stay in balance in the fifth year. The would provide, as I understand it, sig- manent the marriage penalty relief. President’s budget, by contrast, bal- nificant tax relief for our fighting men And it would make permanent the ances in the fourth year, but then it and women overseas, and it will con- changes to the dependent care credit. quickly slips right back out of balance tinue to help them save for retirement Further, it would make changes to the again. Ours does not. and expand their opportunities for tax law to honor the sacrifices our men I take this moment to again thank home ownership. It will also help the and women in uniform make for us the chairman of the Finance Com- employers of reservists and National every day. We lower the estate tax to mittee for his work on this amendment Guard who are called to Active Duty. 2009 levels. And it would allow middle- and to thank his staff as well. I know This is a package that passed the Sen- income taxpayers who do not itemize they put a great deal of time and effort ate last year by unanimous consent. It their deductions to nonetheless take a into this amendment, meeting with did not get to the President’s desk but deduction for property taxes. many interested parties, as one can is included in this package, which I I offer this amendment on behalf of imagine with an amendment of this think will make it even more attrac- myself, Senator BAYH, Senator PRYOR, magnitude. It makes a very, I think, tive to our colleagues. Senator NELSON of Florida, Senator important contribution to the consid- Mr. President, I know Senator MUR- SALAZAR, Senator ROCKEFELLER, Sen- eration of this resolution. RAY was here seeking recognition. ator TESTER, Senator BROWN, Senator The PRESIDING OFFICER. The Sen- Then I think Senator CORNYN would MENENDEZ, and Senator BINGAMAN. ator from Montana. like to be recognized.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1841 I will conclude, if I may, on this mat- and setting up false hopes and then $300 billion under his plan. In order to ter. This amendment is an important proceeding with the press releases and reach the numbers they want to spend amendment, and I hope my colleagues then proceeding with not following in this bill, there is a lot of spending in will support it. through on what they claim they were this bill. There is $200-plus billion in The PRESIDING OFFICER. The Sen- going to do. discretionary spending increases. ator from New Hampshire. It also should be noted that left out There are $400-plus billion entitle- Mr. GREGG. Mr. President, this of the Baucus amendment are a lot of ment increases in this budget. There amendment is a game. Last year, we fairly important issues of tax policy. are big holes that we know are going to saw the same game. Last year, the For example, the present rate on cap- have to be filled, or at least we hope Democratic Congress was in its first ital gains and dividends is not in the they will be filled, because otherwise year of having the majority in both the Baucus amendment. So they are pre- you are going to end up with our troops House and the Senate, so people gave it suming it will go back up. That is a stuck overseas without being able to the benefit of the doubt. They said: OK, pretty stiff hit for a lot of Americans, get home, because their budget does you claim you are going to do some- especially senior citizens. Ironically, not fund the cost of bringing them thing, we certainly hope you will. senior citizens benefit uniquely from home, much less supporting them while So last year they once again set up a capital gains rates being at their they are in the field. false surplus and then they cut taxes present level. Senior citizens benefit We know these expenditures are and then they brought forward the uniquely from dividend rates being at going to occur, and those expenditures Baucus amendment to pick up all that their present level because much of a have to be paid for, and the way they surplus as part of the tax cut, claiming senior citizen’s retired individual in- are paying for them is by increasing both a surplus and a tax cut, which was come is capital gains income or divi- taxes, not on the wealthy—they do on good talking but a little inconsistent. dend income to the extent they have the wealthy too, but on every Amer- Their tax cut last year, the Baucus some income beyond their basic pen- ican. The average American’s taxes amendment had in it the extension of sion, and many of their pensions are, of will go up about $2,400 under this bill. the 10-percent bracket, the extension of course, based off capital gains and divi- Senior citizens’ taxes will go up about the $1,000-per-child tax credit, and the dends. So they are going to raise those $2,100; small business taxes will go up extension of the marriage penalty. I be- rates. They are going to double the about $4,700; $2,400 for an individual lieve it had some estate tax language capital gains rate, essentially. The div- family with $50,000 of income. That is in it. It might have. But I know it idend rate will not only double, it goes what their tax increase goes to: for 1 didn’t have this property tax itemizer up by 2 ⁄2 times for some Americans seniors, about $2,100; for small busi- in it. It had those four items in it for under their proposal. nesses, about $4,700. sure. So all the Members voted for it The deduction for qualified education That is a lot of money. You can buy and took credit: Oh, we are for these expenses is not extended. Small busi- a lot of groceries and at least get some tax extenders because we think they ness expensing—that is a pretty impor- relief from the cost of energy if you get tant item, especially in an economic help middle Americans, which they do, to keep that money rather than have it slowdown that should be extended—is obviously, which is why President Bush taxed away as is proposed in this bill. proposed them originally, and that is not extended in this bill. Other extenders that are left out of It should not come as a surprise to peo- why it passed under a Republican Con- the Baucus amendment include the re- ple that they are doing this in their gress. search and development tax credit, budget, because that is what they do So what happened after this amend- that is pretty important; the energy well; they like to spend money and ment was voted for and everybody sent tax credit, that is pretty important; they love to raise taxes. out their press releases from the other Then they claim, well, we are going State and local tax deduction, some side of the aisle saying: My goodness, people think that is important. AMT to tax the rich. It turns out they are we are for these tax cuts, we are going relief is left out. not only taxing the rich, they are tax- to vote for them right here on the floor The practical effect is even though ing senior citizens, working Americans, of the Senate—even though they could they make this representation they are small business Americans, Americans have put them in the original Senate going to reduce taxes, the exact same who get their income from small busi- bill, which they didn’t do because they representation they made last year on nesses, they are taxing R&D, they are wanted to have a bill reported out of these ‘‘motherhood’’ tax extenders, taxing energy, the production of en- committee with a big surplus so they let’s call them, which they never fol- ergy. could talk about that, knowing when lowed through on last year, they leave In addition, there is a little game they got to the floor they were going on the table massive increases in being played here on their own rules. to eliminate these surpluses for the tax taxes—massive increases in taxes— We hear the sanctimonious discussion cuts—what happened after they put out which will fall on working Americans. about how they are going to use pay-go all their press releases? Where are We hear all this gobbledygook from to discipline the budget. They are these tax-cut extenders they claimed the other side of the aisle that they are going to use pay-go to make sure we they were going to pass last year? They just going to tax the rich, we are tax- stay within our spending priorities, don’t exist. They never marked them ing the rich, we are taxing the rich. I and that we do not raise taxes without up. They never voted on them. The real bet I heard their Presidential can- offsetting these taxes. action of extending these tax cuts didate, Senator OBAMA, use that term Well, this amendment is set up to never occurred, even though they took to justify his spending policies prob- game pay-go. Pay-go is not going to credit for them last year. ably 15 times in the last debate I lis- apply when this amendment is passed They said: My goodness, that is a tened to in which he participated. We or, if it does apply, it is going to be great idea, we get a press release out are just going to tax the rich, the structured in a way that it can be saying we are for cutting taxes; let’s do wealthy Americans. Well, fine, OK. The waived. There is no expectation that it again. They did not cut the taxes be- only problem is they cannot raise there will be any pay-go applied to the cause the taxes are still there, so they enough money to pay for their budget Baucus amendment, should it ever ac- say let’s do it again. So we see the by just taxing the rich. If you take the tually be brought to the floor. same cynical action brought forward in basic rates and you move them back to It is a game. It is, of course, one of this amendment. They are offering this the Clinton days, when we had high tax the reasons why I think the American amendment to cut the same taxes they rates in this country, you take the top people get a little cynical about their cut last year—at least they took credit rate on the high-income individual, 35 Government. Here is the second year in for cutting last year but they actually percent, and you raise it back to 39.6 a row that we are going to have press didn’t cut. percent, what do you generate in in- releases flying out of the Democratic It is to say the least a game—a game. come in an annual year? About $25 bil- Senatorial Committee claiming that That is why I call this the ‘‘fudge it’’ lion. they voted for these tax cuts. And then budget because so much of it is built Mr. GREGG. What do they plan to what happens? The tax cut never gets around this gamesmanship in language spend? Senator OBAMA plans to spend passed. This is a nice charade; that is

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1842 CONGRESSIONAL RECORD — SENATE March 11, 2008 all it is. We wish they were sincere be balanced in the fourth year, and re- first place. They are not just doing it when it came to cutting taxes. main in balance in the fifth year, and with sewer systems, they are doing it I yield the floor. there is no need to take the final ac- with European city halls. Companies The PRESIDING OFFICER. The Sen- tion, because all of those tax cuts exist and wealthy investors in this country ator from North Dakota. until the end of 2010. That is a fact. are buying European city halls, writing Mr. CONRAD. Mr. President, first, I The second point the Senator makes them off on the books in the United recognize the ranking Republican on and makes repeatedly is all of these States to reduce their tax obligation the Budget Committee, Senator GREGG, tax increases in this budget. No, there here, and then turning around and leas- to thank him for his cooperation in are not. He made the exact same ing them back to the European cities bringing this budget resolution to the speech last year. Second year, second that built them in the first place. That floor. While we have serious sub- verse. He said we were going to in- is a scam. It ought to be closed down. stantive differences, and we will be dis- crease taxes last year $1 trillion. Now The estimates are that is costing us $40 cussing those, I do have a high regard we can go back and look at the billion a year. for the Senator from New Hampshire RECORD. We do not have to resort to On top of that, the tax gap, which in for the way he conducts himself. rhetoric, we do not have to resort to 2001 was identified at over $300 billion a He, in the Budget Committee, did projections, we do not have to resort to year, the difference between what is something I want to recognize publicly. forecasts; we can look at the RECORD of owed and what is paid—while the vast One of our members was ill. We have a the Congress last year and the begin- majority of us pay what we owe, we rule in the Senate Budget Committee ning of the year. have a number of people, unfortunately that Senators are not allowed to vote What has happened? Taxes did not in- an increasing number, who do not pay by proxy. We are the only committee crease by the trillion dollars the Sen- what they owe, companies and individ- in the Senate that has that rule. We ator warned about last year. In fact, uals. Before we ask for a tax increase have that rule because we are the only taxes have been cut by $194 billion. from anybody, we ought to go after committee with the power to bring a This is with offsets of $8 billion. So on those folks. fast track vehicle to the floor for im- a net basis, taxes have been reduced by Now we will have a debate on these mediate vote. That rule has been a $186 billion by this Democratic Con- issues, but to suggest there is a mas- long-standing rule in the Senate Budg- gress that my colleague claimed last sive tax increase here, no, there is not et Committee. Senator GREGG and Sen- year would increase taxes by $1 tril- a massive tax increase here. The exact ator MCCONNELL, when we told them of lion. Those words ring pretty hollow same speech was given last year, $1 the problem we were confronted with, when you compare them to the actual trillion of tax increases. What hap- one of our members was ill—with only record. pened? On net, this Congress reduced a 12-to-11 margin on the committee, Now, how did Democrats cut taxes by taxes by $186 billion. That is a fact. that would have meant we could not a net of $186 billion since last year? In The PRESIDING OFFICER. The Sen- report a bill to the floor. two ways: No. 1, the stimulus package. ator from New Hampshire. In a gracious way, in a way that I The stimulus package, supported by Mr. GREGG. First, let me thank the think reflects well on the Senate, in the President of the United States, Senator from North Dakota for his fact, makes me proud to be a Member passed by the House of Representa- kind comments relative to our efforts of this body, Senator GREGG and Sen- tives, passed by the Senate, and the al- to make sure that the unfortunate sit- ator MCCONNELL allowed a unanimous ternative minimum tax relief provided uation with one of our members did not consent motion to come to the floor of last year. That combination has pro- inappropriately impact the majority the Senate so all Senators could pass vided a net reduction in taxes to the position on the committee. We were judgment on whether we should exempt American people of $186 billion. Not a happy to do that as a courtesy, because one member from the requirement to tax increase, a tax cut. When the Sen- it is part of the proper comity of the be present because he could not be. ator says this budget is going to in- Senate, quite honestly. I want to start by thanking Senator crease individual taxes $2,400, no. With To move on to the substance of his GREGG for that professionalism, for the adoption of the Baucus amend- comments, his actual praise of me was that graciousness, and I do. I give my ment, which virtually every Democrat not inconsistent; I thought it was bril- appreciation to Senator MCCONNELL as will support, we will extend the mid- liant. But there is such inconsistency well. dle-class tax cuts. in the substance of what he said that I Now, on the substance of what the When he says: You are going to in- am amazed. I mean, first, the argument Senator has said: I do not think any- crease taxes on this category and that is made: Well, the reason the Baucus body would be surprised that we have a category, the fact is, you could accom- amendment did not have to be actually strong disagreement with respect to plish the revenue numbers in our budg- executed is because we did not need the the way he characterizes this amend- et, which is 2.6 percent more revenue money or we did not need to extend ment. This amendment is to a 5-year than is in the President’s budget—that those tax cuts because they do not budget resolution. This amendment is how much more revenue we have, 2.6 lapse until 2011 or 2012. specifically extends the middle-class percent—we believe that amount of Well, why did you offer the amend- tax cuts and provides for estate tax re- revenue can be achieved not by tax in- ment then? To put out the press re- form and for provisions that are of as- creases—in fact, I think it would be un- lease? It appears that is the only pur- sistance to our men and women in uni- wise to ask the American people for a pose of the amendment. Why are you form, and will provide for certain prop- tax increase before going after three offering the amendment this year? To erty tax relief as well. other categories of revenue: No. 1, off- put out the press release again? It ap- With respect to the middle-class tax shore tax havens. Offshore tax havens, pears that is the only purpose of the cuts, it is true we offered a similar according to the Permanent Sub- amendment. amendment last year. It is true we of- committee on Investigations, are now What he is basically saying, if you fered it containing estate tax reform as causing us to lose $100 billion a year. read between the lines, is last year we well. It is true that final action was Offshore tax havens. That abuse is pro- did not execute on that, we did an not taken because there was no need to liferating. amendment here, we got a press re- take final action in 2007. There is no No. 2, abusive tax shelters. Let me lease—in fact, I have the press release need to take final action in 2008. There give you an example. Right now we here from last year: March 10, 2007. is no need to take final action in 2009, have the spectacle in the United States Baucus budget amendment funds chil- because all of these tax cuts under cur- of U.S. companies buying foreign sewer dren’s health, tax relief for America’s rent law do not expire until 2010. systems, not because they are in the working families. That is the title of It is not a game; it is reality. The re- sewer business but because they want the release that was put out last year ality simply is, this is a 5-year budget to depreciate those systems on their when this amendment was offered. resolution that is recognizing that we books for U.S. tax purposes. They then Of course, it never happened because will extend those tax cuts, we will do it lease the sewer systems back to the the tax relief never occurred because in a way that still allows the budget to European cities that built them in the the amendment was never passed.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1843 This year, I guess we will get another So if the Senator’s position is that budget resolution, and then the Sen- press release from Members on their we don’t need to raise dividend taxes to ator’s side did not execute, just as we side saying: Senator so-and-so voted get the $400 billion, we don’t need to did not last year, because there was no for tax relief for American families and raise taxes on capital gains to get the necessity to do it because those tax for health care for American families $400 billion, we don’t need to raise provisions do not expire until 2010. by voting for the Baucus amendment taxes on the estate and death tax to This is a case of the pot calling the which will not ever be executed on. It get the $400 billion, we don’t need to kettle black. You extended the middle- is a touch inconsistent, to be kind, to raise the brackets back up in order to class tax cuts in your 2006 resolution first claim that you didn’t need to do get the $400 billion, I know that in and then did not execute because there the extensions until the year 2010 or order to stand behind that position, he was no need to do so because those tax 2011 or 2012, and therefore, last year, is going to want to vote for the amend- cuts don’t expire until 2010. That is when you passed the amendment, it ment which Senator CORNYN or I will precisely what we have done. didn’t mean anything, and then to offer which will do exactly that. It will Mr. GREGG. Mr. President, reclaim- bring the amendment forward again say: Don’t raise the dividend rate. ing my time, there is a pretty signifi- and take credit for cutting taxes. At Don’t raise the capital gains rate. cant difference. We are talking about 3 what point does the American public Don’t raise the brackets. Because the years, which is massive amounts of simply shake their heads and walk Senator from North Dakota said we revenue. Secondly, you spend the away? don’t need to do that, he will want to money. The difference is pretty signifi- Mr. CONRAD. Will the Senator yield be with us on that. cant. We are talking about this budget for a question? I am happy to yield to the Senator at this time, and you can try to go Mr. GREGG. I will finish my state- for a question. back to other budgets, which I am ment, and then I will yield. Mr. CONRAD. I would just ask the happy to do. We can obviously debate Mr. CONRAD. I thank the Senator. Senator—— old budgets. But the budget that is on Mr. GREGG. The second point the Mr. GREGG. My question is, You will the floor right now—and it appears the Senator makes is that there are no tax be with us on that amendment, won’t Senator is agreeing with my assess- increases in this budget. That is true if you? ment—has a $400 billion tax increase, you look at this year. But this is a 5- Mr. CONRAD. I have not yet had a which tax increase CBO assumes will year budget. It assumes revenues over 5 chance to study the amendment. I be accomplished by not extending the years and takes credit for those reve- would be happy to do so and give you rates on dividends, capital gains, and nues which exceed the President’s an answer after I have had a chance to the basic rates, along with research number and which reflect an increase review it. credit, energy credit, the qualified edu- in taxes of about $400 billion. That is Let me ask the Senator, did your cational expenses, and the small busi- their number. I actually believe it is budget resolution in 2006 extend the ness expensing. That is where you gen- higher. Giving them the benefit of the doubt, middle-class tax cuts? erate your revenue from. That is a tax they have a $400 billion tax increase Mr. GREGG. They didn’t expire with- increase. That translates into $2,400 per built into their budget. That tax in- in the budget window. family. That is your budget. You are in crease is built in on the assumption Mr. CONRAD. You mean the same ar- charge of the budget. You brought the made by OMB that the capital gains gument I have just made with respect budget forward. You have a $2,400-per- rate will go back up, that the dividend to ours? family increase in here. rate will go back up, that the basic Mr. GREGG. Reclaiming my time, The PRESIDING OFFICER. The Sen- rates will go back up, that other expir- the point is, there is a 5-year budget ator from North Dakota. Mr. CONRAD. Mr. President, we have ing tax provisions will go back up, window. They start to expire in 2010, no such tax increase assumption in our R&D, energy, qualified education not in 2007; therefore, your budget has spending, that those tax extenders will to deal with that expiration. My budg- budget. Here are the facts. It is true we go back up. So you won’t see a dra- et didn’t have to deal with that expira- have $400 billion more in revenue over matic increase in taxes as a result of tion because it was not within the 5- the 5 years than the President has in this budget because they turn around year window. his budget. That is a difference of 2.6 and spend the money. It is not that Mr. CONRAD. Did you not assume in percent. We believe that revenue can they not only increase the taxes and your 2006 budget resolution the exten- be attained without a tax increase. presume those tax revenues will come sion of all the President’s tax cuts? How? The pool of money I am talking in, they spend the money. Mr. GREGG. I would certainly hope I about is the tax gap, the difference be- Then the argument is made: But we did, but I don’t recall. tween what is owed and what is paid. don’t really have to do it by allowing Mr. CONRAD. Well, the answer is, The vast majority of us pay what we those provisions to expire. We can raise you did. And the second question would owe, but we have a group of people who it all from this infamous tax gap, be, Did you then execute on extending don’t. No. 2, offshore tax havens. The which last year they also took credit those tax cuts in 2006? Permanent Subcommittee on Inves- for for $300 billion, or claimed they Mr. GREGG. I would certainly like to tigations has told us we are losing $100 would, if they were successful. Then have. But unfortunately, at the time, billion a year to offshore tax havens. I they ended up cutting the IRS ac- again, we were not within the budget have shown many times on the floor counts. So the IRS not only did not window. But you are within the budget the Ugland House in the Cayman Is- collect this additional money, they window, and you are taking credit for lands, a little five-story building that didn’t even have the resources to col- those tax extenders lapsing. Are you claims to be the home to 12,600 compa- lect what they were supposed to collect not taking credit for $400 billion under nies. How can that be, that a five-story the first time around. the baseline? That number is reached building in the Cayman Islands can be So the tax gap is mythical. It is vir- by CBO by presuming that the tax ex- the operational home to 12,600 busi- tual. It may exist. It does exist. But tenders on cap gains, dividends, and nesses? They are not engaged in busi- the collecting of it has been proven to rates will expire? Are you not taking ness out of that building. They are en- be a lot more difficult than just put- credit for that in your budget resolu- gaged in monkey business. That mon- ting it in a budget and claiming you tion? key business is costing us a lot of will get it. In fact, the IRS Commis- Mr. CONRAD. For precisely the same money. sioner, when he testified before our reason that the Senator has given for Now we have new evidence from the committee, made it very clear that he his including extending the middle- Boston Globe of another building in the felt the maximum amount, even with class tax cuts when he last wrote a Cayman Islands, this time a four-story all the resources he asked for, which he budget resolution in 2006. It would have building. In that building, they are also never got, that we would be able to col- covered the years 2007, 2008, 2009, 2010, engaged in massive tax fraud. How? lect out of the tax gap was somewhere 2011. The Senator included the exten- The company that is hiring the con- between $20 and $30 billion. That is sion of those middle-class tax cuts, just tractors for the United States in Iraq, over 5 years, as I recall. as I have done, because it was a 5-year KBR, is using that operation in the

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1844 CONGRESSIONAL RECORD — SENATE March 11, 2008 Cayman Islands to avoid paying their how they are going to score it. We all on this, but I have to say there is an- Medicare and Social Security taxes in work off of the CBO baseline. The CBO other point of view which I have ar- the amounts of hundreds of millions of baseline assumes, under the Demo- ticulated and have articulated repeat- dollars for one company. cratic budget, that taxes will go up edly. There simply is not an assump- has just re- above what the President asked for. tion that there is a tax increase embed- ported in Liechtenstein that they have That is clearly because they want to ded in this budget. In fact, what is in- uncovered massive tax fraud. repeal the tax rates that are in place cluded, after the Baucus amendment is I would say to the American people, today and were put in place by Presi- adopted, is significant additional tax before we ask for a tax increase from dent Bush. I don’t know why they re- reduction: tax reduction for middle- anyone, we ought to go after these tax sist so aggressively admitting to this. class families, tax reduction for es- scams. What is the amount over 5 Their Presidential candidates, that is tates, tax reduction for those who years? The estimates are at least $2.7 all they talk about. So clearly, that is would otherwise be subjected to the al- trillion. If we get 15 percent of that— the game plan. Why try to obfuscate it ternative minimum tax—some 20 mil- not 50 percent, 15 percent of the abuse with this tax gap debate? lion families. in tax havens, the abuse of tax shel- In addition, we have this issue of So that is the fact. If you go to the ters, the tax gap, 15 percent of it—we what happened under our budget versus record of what this Congress has done can balance this budget with no tax in- what happened under their budget. so far, after the Senator gave his same crease. Yes, additional revenue, rev- This is their budget. It is not our budg- speech last year, almost verbatim, say- enue acquired by going after people et. They are responsible for this budg- ing we are going to increase taxes by $1 who are cheating. et. The U.S. Congress has to pass a trillion, which is his favorite number— Senator DORGAN and I are perhaps budget. The President doesn’t sign it. I tell you, I do not think it would mat- the only two Members who have actu- Congress passes it. This is what they ter what document we brought to this ally audited the books and records of have brought forward. Their budget as- floor, the Senator would say there is a major corporations, because we used to sumes, takes, and spends—and that is trillion dollar tax increase because be the tax commissioners for our State. the important part—a tax increase that is what he said last year. Let’s go I have looked at the books and records. which results from basically raising back and check the record. What hap- I have audited the books and records. I the tax rates on capital gains, raising pened? found tens of millions of dollars from tax rates on dividends significantly, Since last year, this Congress, con- my little State of North Dakota. One which will dramatically impact all trolled by Democrats, has reduced of the things I learned when I did it Americans, raising rates, raising a va- taxes on a net basis by $186 billion. It and actually examined the books and riety of other taxes such as R&D and is not a statement. It is not a speech. records is how much fraud is going on. energy. That is where they get the rev- It is a fact. This Democratic Con- This is fraud not just from my conclu- enue which they then turn around and gress—after all the warnings last year: spend. We didn’t do that in our budget. We are going to increase taxes $1 tril- sion or Senator DORGAN’s conclusion, this is what has happened as a result of We accepted a higher deficit and didn’t lion—has reduced taxes, in 1 year, by investigations by our own Permanent raise the tax rates. So there was a dif- $186 billion. Now, the Senator says: The CBO does Subcommittee on Investigations that ference. It is substantive between the not score tax gap provisions. Well, let’s have uncovered massive fraud, massive two. The core of it goes to the fact that they need revenue to spend, and to get be clear. The CBO does not score tax cheating. We ought to go after it. provisions. That is the job of the Joint The PRESIDING OFFICER (Mr. that revenue, they are going to aggres- sively raise taxes $2,400 on working Committee on Taxation. That is not SANDERS). The Senator from New the job of the Congressional Budget Of- Hampshire. Americans. The tax gap is a smokescreen for fice. All of us who serve on the Finance Mr. GREGG. Mr. President, CBO what is really going on. I don’t even Committee know that is the case. CBO scores zero in this budget for money know why they put it up because there does not score tax provisions. That is coming from the tax gap that is rep- is no contention out there in the public the responsibility of the Joint Com- resented by Senator CONRAD as exist- arena about what the game plan is. mittee on Taxation. ing. The point being, of course, that Senator CLINTON and Senator OBAMA The Senator has asserted we have a you can talk about the tax gap all you have said over and over and over again $400 billion tax increase. No, we do not. want; it would be nice if we could gen- they intend to raise taxes. They claim We have $400 billion more in revenue erate some money from the tax gap. it is just going to be on the wealthy, over 5 years than the President has. But IRS gives us no credit for gener- but they cannot get where they want That is a difference of 2.6 percent. ating money. They claim you can’t to go by just raising taxes on the As I have asserted repeatedly, I be- generate the type of dollars the Sen- wealthy because, as I pointed out be- lieve additional revenue could be ob- ator has been talking about, and CBO fore, if you raise the marginal rates on tained by going after the tax gap, by doesn’t give us any score for tax gap the highest earners from 35 percent to going after these tax havens, by going unless we significantly increase IRS 39.6 percent, you do not generate any- after abusive tax shelters—a pool of funding, which we do not do. where near the amount of money you money over this 5 years that is some Mr. CONRAD. Will the Senator yield? would have to generate to cover all the $2.7 trillion—$2.7 trillion. And that is Mr. GREGG. Just a second. Further- spending that is proposed in this budg- probably a conservative estimate. So more, what you have to recognize is et and has been proposed for new pro- we would only have to get $1 in every CBO does score the $400 billion, which grams by Senator OBAMA and Senator $7 in that pool to balance this budget, the Senator refers to as revenue, I refer CLINTON, as they have been cam- with no tax increase on anyone. to it as a tax increase—I mean, it is a paigning. I believe the first thing that ought to tax increase—and CBO gets that $400 It will be, and this budget is, a gen- be done is to go after those abusive tax billion number because they assume eral increase on the taxes of working havens, those abusive tax shelters, and the tax rates on capital gains, divi- Americans—to the tune of $2,400 for that tax gap, where the vast majority dends and the personal rates, along most families in the $50,000 range, to of us pay what we owe, but some num- with the other items I have listed, will the tune of $2,100 for 18 million seniors, ber of us do not. go back up when they expire. That is and to the tune of $4,700 for 24 million One other thing: The Senator ref- how the number comes about. It small businesses. There are no two erenced his budget. The fact is, he has doesn’t come about from the tax gap. ways around it. That is what is going no budget. They have no budget. If our You can say: I am going to get to happen if this budget is extended budget is so egregious, why haven’t money from Liechtenstein as a way to throughout the 5-year experience it is they offered a substitute budget? They cover the American tax gap, and there- planning to budget for. have not. They have not offered a budg- fore no Americans are ever going to The PRESIDING OFFICER. The Sen- et. They did not offer a budget in the have to pay any more in taxes. You can ator from North Dakota. committee. They do not have a budget make that statement, but that is not Mr. CONRAD. Mr. President, I know on the floor. They do have the Presi- the way the budget works. CBO tells us the Senator insists on his point of view dent’s budget, and we have compared,

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1845 repeatedly, our budget to the Presi- Mr. GREGG. Mr. President, I thank Now, this budget does set out the dent’s budget because it is the only al- the Senator from Texas for his cour- framework over a period of 5 years. It ternative that is out there. They have tesy. contemplates a source of revenue in chosen not to offer an alternative. Mr. CORNYN. Mr. President, so the order to pay the bills. Under the pay-go That is their right. question presented by this budget is principles that Congress has embraced, The majority has the responsibility whether we are going to make it easier the only way those bills can be paid is to offer a budget, but the minority, if for the average American to meet the if you have additional revenue or taxes they feel it is grievous, can offer a sub- obligations of their family budget or to pay for them. So that is why, under stitute, and they have not. whether we are going to grow the size this resolution, you will see, for exam- I thank the Chair and yield the floor. of the Federal Government to the point ple, 18 million seniors who will incur The PRESIDING OFFICER. The Sen- that it makes it virtually impossible an additional tax burden of $2,200 each. ator from New Hampshire. for them to balance their own budget. You will see 43 million families incur Mr. GREGG. Mr. President, we will This budget, unfortunately, does noth- an additional tax burden of $2,300 each. go to the Senator from Texas. ing to bring down the price of gasoline You will see the small businesses—27 The PRESIDING OFFICER. The Sen- at the pump or to make it more afford- million small businesses—incur addi- ator from Texas. able to buy your own health insurance, tional tax obligations of $4,100 each. Mr. CORNYN. Mr. President, I think which are the two primary cost drivers Now, if our goal is to create jobs, it people watching this on C–SPAN or which are making it harder and harder ought to be to lower the burden, to wherever they may be watching—from for people working in this country to lower taxation, to lower the regulatory the Galleries—can be forgiven if their make ends meet. burden, and to reduce frivolous litiga- head is spinning after this back and Instead, what this resolution does is, tion to the point that small businesses forth of how their tax dollars are being it adds additional burdens onto the av- can prosper and create jobs, not add to spent. erage taxpayer. I know, as I said a mo- their burden. Additional taxes for each At a time when our economy has un- ment ago, the heads of the people who of these categories of taxpayers will do dergone tremendous growth over the are listening must be spinning trying nothing but depress job creation in this last 5 years but has now hit a soft to keep up with the various arguments country, not encourage it. stretch, particularly in the housing that are being made back and forth. But I have to tell you, the most dis- area, where we are talking about the But the fact of the matter is, this couraging part of this budget is not credit crunch coming from the budget resolution is the blueprint what it does but what it fails to do. As subprime credit crisis, we have acted in which authorizes additional activity, the distinguished chairman of the a bipartisan way to try to get the econ- such as tax cuts. Budget Committee knows, because he omy moving again by passing a stim- The Baucus amendment is nothing is the chief sponsor, along with the ulus package. The Speaker, the Repub- more than an authorization, which if ranking member, of a bill that creates lican leader of the House, and the there is no action to actually cut those a task force to deal with runaway enti- White House have joined to try to do taxes, nothing will happen. That is tlement spending, this budget does what can be done on a bipartisan basis what happened, that is what occurred nothing to deal with $66 trillion of fu- to get the economy moving again. last year. Under the very pay-go prin- ture obligations of the American Gov- But the fact of the matter is, there is ciples, the pay-as-you-go principles— ernment under entitlement spending, no better stimulus for the American which is sound, certainly, in theory, under Medicaid, Medicare, and Social economy other than leaving people which says the Federal Government Security. with their own hard-earned money to will not spend money it does not have, As a matter of fact, if we do nothing, spend it as they see fit. That is what that it will pay as you go—that is a within the next decade we will see both helps create jobs in this country. The promise made to the American people Medicare and Social Security become last thing we would want to do or that is honored more in the breach insolvent. That is because, irrespon- should do is to see taxes be increased, than in the observance. sibly, we are spending the surplus of particularly on small businesses, which I agree with the Senator from New Social Security today to try to balance are the primary job generator in this Hampshire, the ranking member of the the books of the Federal Government, country, because it is through jobs and Budget Committee. This class rhetoric by spending Social Security taxes that opportunity that people are able to of: Well, we are just going to tax the are paid by average American workers. achieve their own life and their own rich—let me give you an example of We are spending that in order to try to dreams and not depend on Government. how that usually turns out. The best fund the operations of the Federal Gov- We ought to aspire to be a country example I can think of is the alter- ernment today. where everyone can declare their own native minimum tax, which back in the So what this plan does, by inaction, independence on Government and not 1960s was designed to target about 155 is it creates the additional debt for our say we must be more dependent on taxpayers who did not otherwise pay children of $27,000 each. I believe, if I Government, which seems to be the Federal income tax because of deduc- am correct, the unfunded liabilities conflicting visions we see play out on tions they had. going into the future of $66 trillion, if the Senate floor. Well, as a result of the failure to you divide that by each and every Mr. GREGG. Mr. President, will the index that tax, 155 taxpayers turned American man, woman, and child, Senator yield for a parliamentary ques- into, last year, 6 million taxpayers and would result in $175,000 of debt for each tion? would have turned into 23 million mid- of those men, women, and children. Mr. CORNYN. Mr. President, I will. dle-class taxpayers if we had not acted This budget does exactly zero to ad- Mr. GREGG. I apologize for inter- to provide some temporary relief on a dress that. rupting the Senator. 1-year basis last year. I don’t blame people across this coun- Mr. President, I ask unanimous con- That is exactly what happens every try who look at Washington and are sent that we proceed to the time on the time the Federal Government says: We absolutely convinced that Washington resolution so the time during the de- are just going to tax the rich. Because is broken, because rather than solving bate will run against the resolution. people will be amazed at how much the problems, rather than trying to work The PRESIDING OFFICER. The Sen- Federal Government considers ulti- together on a bipartisan basis to ad- ator has that right. mately the middle class, those people dress these legitimate concerns, all The Senator from North Dakota. who are the most productive in our so- they hear is more and more talk and Mr. CONRAD. Mr. President, I ask ciety, those people who create the precious little action, and particularly unanimous consent that, unless stated jobs—by creating the small businesses when it comes to the growing threat of otherwise, the time comes off the reso- that produce that opportunity—those entitlement spending and the increased lution. are the producers who basically the debt that is passed down to our chil- The PRESIDING OFFICER. Is there Federal Government all too often dren and grandchildren. objection? seems at war with in the way we spend I know we didn’t get here overnight. Without objection, it is so ordered. their hard-earned money. This has been a long time coming, but

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1846 CONGRESSIONAL RECORD — SENATE March 11, 2008 I hope we have the courage to deal with tlement challenges that we face as a ess and it is the way I view this budget this today because, frankly, it is no nation, the shortfall between what we process. But independent of that, the mystery why change is the most domi- are spending and what we are raising, President’s budget, as he sent it up, at nant word in our political discourse and the entitlement obligations this least had guidelines which I thought today. The status quo is broken be- country has made but has not funded. were very constructive in the area of cause Washington is not working, and Let me say I have never believed that trying to control our costs in Medicare people increasingly are turned off by the long-term entitlement challenges specifically. He had three different pro- what they see coming out of our Na- that are 10, 15, 20-year problems are posals. The first suggested that people tion’s Capital. They feel as if it is abso- going to be resolved in a 5-year budget with high incomes should pay a larger lutely irrelevant to their lives or, if resolution. That is why I joined with burden of the cost of their drug benefit, relevant, that Washington is burdening the ranking member of the committee Part D premium. Today, if you are them and not helping them with their on something where we do agree, which Warren Buffett—we use Warren Buffett day-to-day concerns. is an approach to address these long- because he is nationally known, obvi- By raising taxes by $1.2 trillion over term imbalances by creating a working ously, and is extraordinarily success- the next 5 years, by dramatically in- group of 16 Members—8 Democrats, 8 ful—if you are Warren Buffett, you creasing spending, by growing debt by Republicans—given the responsibility qualify for the Part D drug program, $2 trillion, by playing gimmicks with to come up with a plan to deal with our but you don’t have to pay the full cost things such as pay as you go, which is long-term challenges, and only if 12 of of that program. You don’t pay a full more honored in the breach than in the the 16 could agree would legislation ad- premium. You pay about 25 percent of observance, by ignoring $66 trillion in vance. If they could agree, 12 of the 16, the cost of that premium. That means unfunded liabilities into the future, then we would have a circumstance in that John and Mary Jones, working at this budget resolution is a failure. We which there would be a vote in both a restaurant in Epping, NH, or Sally can and we should do better. We should Houses of Congress. Not only would it and Fred Upton, working in a real es- involve Congress, it would also involve focus on what we can do to help the av- tate firm in Concord, NH, are paying 75 the administration, because if we are erage American balance their family percent of the cost of the drug benefit going to address these long-term chal- budget and not present a budget that is which goes to wealthy Americans, and lenges, it has to be done with all of the a train wreck upon delivery. This budg- specifically the example I used would players at the table. be Warren Buffett. That seems totally et will not work. If the average Amer- This is something Senator GREGG and ican tried to conduct their business—if I are advancing. I believe it is very im- inappropriate to me. a small business man or woman tried portant. I believe it is the only way we So the President sent up a proposal to conduct their business as the Fed- are going to deal with these long-term which said if you make more than eral Government, they would find challenges. I don’t believe it is ever $80,000 as an individual—which is a themselves bankrupt or else they going to happen in a 5-year budget res- good deal of income for an individual, a would find themselves in jail. It is only olution. No. 1, it is too short term. No. single individual, especially a retired the Federal Government that can oper- 2, it is typically carried just by one individual—or if you make more than ate this way. It is only the Federal party. That is the way budgets are $160,000 jointly, you and your spouse, if Government that can operate in a way around here. These longer term chal- you are retired and you qualify for the that every man, woman, and child in lenges can only be addressed by both drug benefit, then you have to pay this country cannot, and we can do bet- sides coming together and grappling more. You don’t have to pay the full ter. I urge my colleagues to do better with it in a joint way. cost even, you just have to pay more. by turning down this budget and com- I yield the floor. It was a reasonable proposal and it ing up with one that will help the aver- The PRESIDING OFFICER. The Sen- would help with the imbalance of the age American balance their budget and ator from New Hampshire is recog- Medicare accounts. not wreck the Federal budget in the nized. He also suggested we should improve process. Mr. GREGG. Mr. President, I appre- our use of technology within the health The PRESIDING OFFICER. The Sen- ciate the chairman outlining for the care industry, making more informa- ator from North Dakota is recognized. body the initiative which he and I have tion more available to more people so Mr. CONRAD. Mr. President, I ask pursued in the area of entitlement re- they can make better decisions. That unanimous consent that the Joint form. I appreciate his leadership on scores, interestingly enough, as a sav- Committee on Economics be recognized that and I look forward to continuing ings, not surprisingly, because if more at 5 o’clock for 1 hour for their Hum- to work with him on it. I certainly people have more information about, phrey-Hawkins testimony—5:15 I am hope we can pass it. It is one way to first, the cost of a medical procedure now told—that the Joint Economic get at the fundamental fiscal imbal- and, second, the outcomes of a medical Committee be recognized for 1 hour at ance our country is facing and the procedure at A hospital versus B hos- 5:15. That would involve both the chair- threat it represents to our children pital or at an A group of family practi- man of the committee and the ranking having an affordable government. But tioners versus a B group of family prac- member of the committee for that 1 that should not mute or sideline legiti- titioners, they can make a thoughtful, hour. mate efforts to try to begin the process intelligent decision as to which group Mr. GREGG. And the time would be of controlling entitlement costs in a they use, especially if they are a cor- equally divided. way that is fair and does not unfairly poration with a fair number of people Mr. CONRAD. And it would count impact beneficiaries. they are insuring or self-insuring. So against the resolution. That would be The President did make suggestions that proposal was a step in the right correct. in this area. The President’s budget is direction toward cost containment and The PRESIDING OFFICER. Is there not on the floor. I would note that the scored in a very positive way. objection? reason we don’t offer a budget is for The President sent up ideas—ideas Without objection, it is so ordered. the same reasons the Senator from that made sense—and they didn’t im- Mr. CONRAD. Mr. President, the North Dakota didn’t offer a budget pact ordinary beneficiaries. The only Senator held up a chart about the when I was the chairman and the Re- beneficiaries who were impacted under growth of the debt. The exact same publicans controlled the Senate. In the President’s proposals were high-in- chart applies to the President’s budg- fact, I will quote him. He said: come beneficiaries who would be asked et—precisely the same. In fact, his is The chairman— to pay a fair share of the cost. I do worse in terms of additional debt bur- At that time he was referring to my- think that type of reform should have den put on the American people by the self— been carried in this bill, and we will President’s budget compared to ours. well knows the majority has the opportunity offer an amendment—I will offer it or The Senator also raised the point, as to offer a budget, and our responsibility is to Senator ENSIGN, I suspect, will offer it did the ranking member earlier, of why critique the budget. because he offered it last year, Senator we have not addressed in this 5-year That is the way the Senator from ENSIGN from Nevada—asking that high- budget resolution the long-term enti- North Dakota viewed the budget proc- income individuals pay a fair share of

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1847 their drug benefit costs, and that is money. Why? Because they get one-half prior representation, which is that this only right. Hopefully that will be ap- of the reimbursement rate of more proposal increases capital gains and proved and put into this budget. urban hospitals to treat the very same dividends. It is assumed by CBO that it So there are initiatives that can illnesses. In other words, if you have a does that. Language he has used rel- occur here which I think should occur heart attack, you go to an urban hos- ative to the view of the Senator from and we should not simply leave this pital, that hospital gets twice as much North Dakota would imply the same massive fiscal imbalance which we are under Medicare to treat you as a rural also. I think it is important to know— facing in these entitlement accounts to hospital. Unfortunately, there are no not important, but I think the record be fixed by this task force which hope- rural discounts available to those rural ought to show the charts that reflected fully we will get in place, but we hospitals. When they go to buy tech- the savings that were reflected in the should start the process now. This nology, they don’t get a rural discount. President’s proposals on Medicaid and budget unfortunately punts that issue When they go to attract a doctor, Medicare were not reflective of the pro- and has zero—zero—savings in the area they don’t get a rural discount. In fact, posal that came up on Medicare in this of Medicare—net savings in the area of it costs more to attract doctors to budget. They were a prior proposal. Medicare. In fact, it ends up with an rural areas than to urban areas. That is Second, I think the proposals that expansion in entitlement costs of about proven by the MediPAC studies. came from the President involve the $466 billion. The proposal by the President would Part D premium, IT, malpractice re- Mr. President, at this point I yield cut these hospitals. Can I tell you what form, all of which were reasonable, all the floor. that would mean in my State? Hos- of which could be accomplished, in my The PRESIDING OFFICER. The Sen- pitals would shut down. We have more opinion, without having any signifi- ator from North Dakota is recognized. than 40 hospitals in my State. My cant impact on beneficiaries. Yes, they Mr. CONRAD. Mr. President, this is State is a very large State, although would impact providers because, as a an area where there is agreement be- sparsely populated. At least eight hos- practical matter, the IT improvements tween the ranking member and myself. pitals in my State would fail under would put more pressure on providers This is a statement Senator GREGG these provisions. So, no, we don’t sup- to basically deliver good-quality serv- made in the Senate Budget Committee port that. I certainly don’t support it. ices. Essentially what the administra- about the proposal he and I have made I don’t think most Democrats think tion proposed was to take savings that to deal with these long-term chal- this is the priority—cut Medicare, cut occur from significant improvements lenges. This is a quote from Senator Medicaid, and at the same time you are in IT and those savings which basically GREGG, and one I agree with: cutting taxes on the wealthiest among end up in the pockets of the providers We have come to the conclusion that ev- us. I think many of the wealthy would and say to the providers that we will erybody who puts policy on the table first say that should not be the priority. split the difference; you get half and we ends up getting it shot at by the different in- Warren Buffet points out that he get half, but you are still going to get terest groups, and that putting policy on the pays a lower effective tax rate than the half of the savings you create out of IT. table simply doesn’t work in our institution; woman who is his secretary and than I don’t think it affects the actual pro- that the only way to do this is— the woman who is his housekeeper. viders. It affects how much they save. Talking about the long-term gap be- Why? Because most of his income At this point, I see the Senator, the tween spending and revenue and the comes from dividends and capital gains ranking member of the Finance Com- commitment on entitlements— that are taxed at a 15-percent rate and mittee, the former chairman, so I will the only way to do this is to create a proce- his housekeeper is paying at a higher yield the floor. dure which is viewed as absolutely fair, abso- effective rate than that. How can that The PRESIDING OFFICER. The Sen- lutely bipartisan and that that decision by be fair? I don’t think it is. So even ator from Iowa is recognized. that task force will then be voted up and Warren Buffet doesn’t think it is fair. Mr. GRASSLEY. Mr. President, I down by the Congress. He has pointed this out on repeated oc- wish to discuss with my colleagues one The task force we are talking about casions. He questioned, How can you of the sources of revenue that the which Senator GREGG and I have pro- have an equitable tax system in which chairman of the Budget Committee posed would address the long-term fis- he, the richest man in the world, is claims would bring in $100 billion per cal imbalance, would include a panel of taxed at a lower rate than his own year to offset the cost of extending ex- lawmakers and administration offi- housekeeper and his own secretary? isting tax policy, and that would be the cials, 16 in number, with everything on Mr. President, we talk about debt. issue of shutting down offshore tax ha- the table, with fast-track consider- Here is what happens if all of the Presi- vens. ation. That means Congress ultimately dent’s tax cuts are extended without I feel that I have been very aggres- would have to vote, and that would re- being paid for. The debt takes off like sive as a member of the Finance Com- quire a bipartisan outcome because it a scalded cat, the debt that is already mittee in combating abusive tax shel- would require a supermajority. out of control, already burgeoning, al- ters offshore or otherwise, so I am not The ranking member referenced what ready burdensome to future genera- here to find fault with anything in the the President has called for. Let me tions. If you extend all these tax cuts budget about going after abusive off- put up what the President has called without paying for any of it, what hap- shore tax havens. But I do have a de- for in his budget. He has called for sav- pens? The debt grows inexorably, and gree of disagreement on the amount of ings from Medicare and Medicaid of in a way that fundamentally threatens revenue that will come in and whether $536 billion over the 10 years of his the economic security of this country. this is the ‘‘goose that laid the golden budget proposal, but at the same time Mr. President, I hope very much that egg’’ that will solve all of the problems he calls for $2.4 trillion of additional as we continue this debate we will we have with the budget. tax cuts, most of which goes to the focus not just on the 5 years of this So I have worked hard on this subject wealthiest among us. Those are prior- budget resolution but also that we re- for a long period of time. In fact, I ities we don’t share. I don’t think the mind ourselves and the American peo- would go to a bill that we passed in answer is to cut Medicare over $500 bil- ple of the very daunting challenges we 2004 called the JOBS Act. It shut down lion, Medicare and Medicaid, at the face long term. This is one place where the tax benefits for companies that same time cutting taxes $2.4 trillion I am in complete agreement with the enter into corporate inversion trans- disproportionately on the wealthiest Senator from New Hampshire, the actions and abusive domestic and among us. Who would be affected by ranking member of the committee. cross-border leasing transactions. The these Medicare reductions? I will tell I yield the floor. JOBS bill also contained a package of my colleagues one group that would be The PRESIDING OFFICER. The Sen- 21 anti-tax shelter provisions—not just affected: the rural hospitals I serve as ator from New Hampshire is recog- 1 or 2 but 21. a representative from the State of nized. Now, of course, I am ranking member North Dakota in the Senate. Rural hos- Mr. GREGG. Mr. President, I appre- of the Finance Committee, but having pitals already on average have negative ciate that explanation on Warren a good working relationship with Sen- margins. That means they are losing Buffett because I think it confirms my ator BAUCUS, we have been continuing

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1848 CONGRESSIONAL RECORD — SENATE March 11, 2008 to look at all these abusive parts of the Well, those of us who have to do this Deferrals have been part of our Tax Tax Code, or these parts of the Tax heavy lifting in this area, by passing Code since 1918. Deferral means that Code that are abused, and look at tax legislation, know that whatever U.S. multinationals do not pay tax on where we can get some additional rev- numbers the Permanent Subcommittee the active income of their foreign sub- enue. We are not out to tax people who comes up with have tended to be mean- sidiaries until that income is repatri- would not otherwise be taxed or to ingless. We all know there is not a dol- ated to the United States. Passive in- change the rate of taxation, and we are lar’s worth of tax legislation that can come is subject to tax on a current not out to get people who should pay be based on the Permanent Sub- basis. Deferral only applies to active more money than what we are paying committee’s estimates. That is not income. if they are doing it in a legal way. We their expertise, nor their job. That falls I agree with the premise of this pro- are after subverting the Tax Code in a into the area of the Joint Committee posal that the U.S. multinationals way that wasn’t intended by Congress. on Taxation. should pay their fair share of U.S. So in my role on the minimum wage So having studied these issues and taxes. I think I proved that with clos- small business tax relief bill that having legislated in these areas for a ing some of these tax shelters and im- passed the Senate last year, we also in- long period of time, I consider my proper offshore activities in previous cluded provisions that contained anti- views on tax policy directed at tax legislation. I have already talked about tax loophole provisions, including shut- shelters and tax havens to be credible. that issue. U.S. multinationals who use ting off tax benefits for corporations From what I can tell, the chairman of improper transfer pricing do so to ob- that inverted—after Senator BAUCUS the Budget Committee views the prob- tain the benefit of deferral on profits and I issued a public warning on that lem of offshore tax havens in two cat- that economically should be subject to issue that legislation would stop these egories: one, the ability of U.S. multi- tax in the United States on a current deals, shutting off tax benefits from nationals to shift income to these tax basis. abusive foreign leasing transactions havens, and two, the evasion by U.S. Here is my quote from this that weren’t caught in the passage of citizens who hide assets and income in Bloomberg article: the JOBS bill, and, of course, doubling these tax havens. We have to get on top of corporate ac- penalty and interest for offshore finan- We have seen Democratic Senators, counting and manipulation of corporate cial arenas. including the chairman of the Budget books for the sole purpose of reducing taxes. In that particular bill, the minimum Committee, hold up a picture of the My view is that stronger transfer wage bill I referred to—it happened to Ugland House, a law firm’s office build- pricing rules and stronger enforcement be that the House Democrats rejected ing in the Cayman Islands, which is of those rules is the way to target this our offsets. It was kind of surprising to home to 12,748 corporations. Senator problem in our current international me, but they did that. I use it as one BAUCUS and I asked the GAO to inves- tax system. example that is a somewhat unrealistic tigate the Ugland House. In fact, the The IRS is taking steps to tighten account on these offsets in the budget Government Accountability Office is our transfer pricing rules. For example, resolution. down there doing that right now. As the IRS has proposed regulations that The chairman of the Budget Com- often as that building is used to justify would overhaul the rules for the so- mittee went on and on yesterday about a pot of tax haven gold, it will be good called cost-sharing arrangements. abusive foreign sewer systems and city to get an independent agency, such as These are arrangements by which mul- hall leasing deals on which U.S. banks the Government Accountability Office, tinationals of our country are able to were claiming depreciation deductions. to give us an objective perspective on transfer intangible property to subsidi- I didn’t disagree. I led the effort to this issue. aries in low-tax jurisdictions. Based on shut down these deals on a prospective I would like to give Senators some the volume of complaining I have seen basis, which we did in the 2004 bill, and background on where that picture from lobbyists and their leveling it at I have continued to lead the effort to comes from and what issue it is aimed the Treasury and the IRS, the proposed legislatively deny future tax benefits at. The picture comes from an article IRS regulations would go a long way to for deals that were entered into before published in the Bloomberg Market, prevent this artificial income shifting. the 2004 legislation. But here again, August 2004, titled ‘‘The $150 Billion I hope to see these regulations finalized people, for reasons I don’t know—and it Shell Game.’’ The article focused on soon, and I believe they will be. Others was quite surprising to me—in the the ability of U.S. multinationals to have a whole different view. They other body, the leadership of the Ways shift income to low-tax jurisdictions would eliminate deferrals altogether. and Means Committee over there has through transfer pricing. Another quote in the Bloomberg arti- continued to stop us cold. In fact, while ‘‘Transfer pricing’’ is the term for cle succinctly states this view. This is the chairman of the Budget Committee how affiliated corporations set prices a quote from Jason Furman. He is a was holding up a chart of a German for transactions between those cor- former aide to Senator KERRY: sewer system during last year’s budget porations. Transfer pricing is impor- American companies should pay taxes on debate—I am referring to last year’s tant because it determines how much their profits in the same way whether they budget debate, but it is a prop that can profit is subject to tax in the different earn them in Bangalore or Buffalo. be used this year as well—the chairman jurisdictions involved in related party That is where these proposals to of the Ways and Means Committee at transactions. eliminate or curtail deferrals on a that time was holding a hearing that The $150 billion figure is an academic piecemeal basis are headed. They are sympathized with U.S. banks that en- estimate of the annual amount of prof- headed to the complete elimination of tered into these very same deals. its that corporations shift outside the deferrals for U.S. multinationals. So I sure hope this distinguished United States with improper—and I Without a significant corporate tax- chairman, my friend, the Senator from emphasize ‘‘improper’’—transfer pric- rate reduction—and thank God some North Dakota, is not counting on any ing—in other words, trying to violate candidates for President are talking revenue for doing something the House the law. about that. There are Members of this Democrats have rejected over and over One of the Democrats’ revenue rais- body who believe we ought to reduce again. But do you know what. My dis- ers that is still on the shelf purports to the corporate tax rate so we can be tinguished friend and chairman of the target this transfer pricing problem. competitive on an international basis committee, it seems to me that he is But you would not know it by looking but without a significant corporate tax counting on that revenue. Well, maybe at the language of the proposal because rate reduction. Eliminating deferrals he will have better luck a second time. it doesn’t make any changes to our altogether would have the effect of ex- We didn’t do very well the first time. transfer pricing rules. Instead, the pro- porting our high tax rates and putting The Budget Committee chairman is posal would eliminate deferral for in- U.S. multinationals at a competitive also continuously referring to the bil- come of any U.S. multinational foreign disadvantage in the global market- lions of dollars that the Permanent subsidiaries incorporated in certain place. Subcommittee on Investigations says black-listed jurisdictions. It is called Understand, our corporate tax rate is we can get through offshore tax scams. the tax haven CFC proposal. the second highest in the world. We are

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1849 not even learning from Germany yet, a is U.S. tax evasion by individual tax- to shine sunlight on tax evaders will socialist country that decided they payers who hide their assets and in- need to consider both offshore and on- have to reduce their marginal tax rate come in foreign bank accounts and for- shore evasion of taxes. to be competitive in the world market. eign corporations. Let’s go back to the I emphasize that I am all for shutting Ireland found that out in 1986 and has beginning of the Tax Code in 1913. Our down inappropriate tax benefits from economically advanced since they did Tax Code has subjected U.S. citizens to offshore arrangements. The chairman that. Everybody understands our tax tax on their income wherever it is of the Budget Committee has said he rates make us uncompetitive. Do we made worldwide. No matter what the thinks we could get, I believe, $100 bil- want to make it worse so we lose more Internet purveyors of tax evasion say, lion from this source. I have not seen jobs? I don’t think so, but I don’t think this principle cannot be avoided by any proposals scored by the Joint Com- people have thought about it. putting passive assets and income into mittee on Taxation that come close to The Senate is on record as wanting foreign corporations. The Tax Code has bringing in this kind of money, and the to protect the competitiveness of U.S. rules to prevent that. Taxpayers who Joint Committee on Taxation is the of- businesses in the global marketplace. willingly violate these rules are guilty ficial scorer. The last score I have seen The Senate passed the American Jobs of tax fraud and, in many cases, crimi- for a tax haven CFC proposal is about Creation Act of 2004. I referred to that nal tax fraud. $1.5 billion per year. The more funda- bill before in my remarks this after- The problem of offshore tax evasion mental ‘‘mother’’ bill that I referred to noon. That bill contains several inter- is not that our laws permit it; the prob- from the chairman of the Ways and national simplification provisions, and lem is there are some taxpayers who Means Committee in the other body it passed with a vote of 69 Senators, in- are intent on cheating and hiding their would raise about $10 billion per year. cluding 24 Democrats. The Senate income from the Internal Revenue I wish to emphasize to my colleagues version of the JOBS bill, which also Service. another point. Each of these proposals contained these provisions, received a The IRS has been successful in catch- that would eliminate or curtail defer- vote of 92 Senators, including 44 Demo- ing many of these tax cheats, but more ral involve tax policy changes that crats. can be done. The IRS has difficulty de- raise taxes, which is the last place the There has been a longstanding debate tecting tax evasion and obtaining the distinguished chairman of the Budget about whether our international tax information necessary to enforce our Committee said he wanted to go to system should be fundamentally tax laws. One important tool for the raise revenue. changed, and that is a legitimate de- IRS is information exchanged with On the offshore evasion issue, Sen- bate. Some say the transfer pricing re- other jurisdictions. Our double-tax ators Levin, Coleman, and Obama have gime used by virtually every major treaties contain an article on informa- introduced a bill that contains several country is broken and calls for taxing tion exchange designed to help the IRS proposals, and these proposals are all foreign income on a current basis. obtain quality information to enforce aimed at offshore tax havens. Yet, Others argue for completely exempting our tax laws. again, I have not seen a Joint Com- active foreign income under a terri- In addition, administrations, past mittee on Taxation score of that bill, torial system, as many of our trading and present, have entered into over 20 and they are the official scorer. partners do and, consequently, one of tax information exchange agreements Once again, it will be the Finance the reasons behind our with jurisdictions that are often re- Committee’s responsibility to come up uncompetitiveness. But we want to ferred to as tax havens. We are seeing with real, sensible, effective proposals have that debate, and if we do, then it this information exchange network in that combat offshore and onshore tax is a fair debate. action as we speak, providing the IRS evasion, which I am glad to do, but the The budget resolution does not con- and other countries with information likelihood that they will be scored by tain specific proposals, but if the related to the use of bank accounts in the Joint Committee on Taxation to Democratic record is assumed on off- Liechtenstein. Sensible solutions to bring in the kind of money assumed in shore tax issues, then we can count on this problem should aim to improve on this budget resolution is very remote a lively debate from this side to elimi- our tax information exchange network at best. nate deferrals because we do not intend and not put that network at risk or the Given these facts, it should be obvi- to do anything to make our businesses efforts at risk. ous how much of a shell game is going in America that create jobs more un- Underreported income is the largest on and how unreal this budget resolu- competitive. We have to do things to piece of the tax gap. We should keep in tion is. make us more competitive. mind that hiding assets and income Mr. President, as my colleagues We have already seen what the House from the IRS is not just an offshore tax know, within the Finance Committee, Democrats would do, and I am a refer- problem, it is not an offshore tax haven we have jurisdiction over health care ring to points I referenced already this problem; it may also be an onshore issues. I wish to address those health afternoon. I may disagree with most of problem. In fact, it is an onshore prob- care issues in this budget resolution as the international proposals in that bill lem. well. that was referred to as ‘‘the mother of An article in USA Today last year The biggest health care issue in this all tax bills’’ last fall—that is what the noted that ‘‘there is a thriving mini in- budget resolution is a stealth provi- chairman of the Ways and Means Com- dustry that has capitalized on real or sion—stealth. You cannot see it, but it mittee called his tax reform plan—but perceived gaps in domestic and cor- is there. And I am going to talk about at least the chairman of the Ways and poration laws and virtually non- the issue of reconciliation, a process Means Committee raises the issue in an existent Government oversight to pro- that was supposed to be used to save intellectually honest way, setting the mote some U.S. States as secrecy ri- money, but I think in a stealthy way, stage then for fundamental reform and vals of offshore havens.’’ before this is done and out of con- also proposes to lower the corporate The picture of the Ugland House in ference, it is going to be used to in- tax rate to 30.5 percent. That rate may the Cayman Islands that I referred to crease expenditures. still be too high, but at least the Ways earlier makes for good grandstanding, It is true there are no reconciliation and Means Committee chairman recog- but as I am sure the distinguished instructions for spending in the Senate nizes the concern that I laid out earlier chairman of the Budget Committee is resolution, but there is in the House about exporting our high tax rates. aware, there are also office buildings in version, and that is going to make it The piecemeal cutbacks on deferral some States that are listed as address- conferenceable. for active foreign income that we have es for thousands of companies that are Last year there was a single com- seen in the Senate would do nothing incorporated in those States for simi- mittee instruction in the House-passed but complicate the Tax Code and cre- lar reasons as those incorporated in the resolution but not in the Senate-passed ate opportunities for tax planning Cayman Islands: secrecy of ownership resolution. The final conference around these cutbacks. and a permissive regulatory environ- version last year deferred to the House, The other offshore issue identified by ment. Whatever additional solutions no reconciliation. So I am willing to the chairman of the Budget Committee the Finance Committee comes up with bet that the House instructions will be

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1850 CONGRESSIONAL RECORD — SENATE March 11, 2008 the final budget that comes back from not need the restrictive rules of rec- One logical question you might ask the House-Senate budget conference. onciliation to get it done. I think Sen- is: Why would they be thinking about Truthfully, it makes no sense for the ator BAUCUS and I, working together in using reconciliation this year? The an- House to have reconciliation instruc- this legislative process in this body, swer is simple. They know they do not tions in the first place. The House does have proved that over and over and have the votes to pass these kinds of not need reconciliation protection. The over in the 8 years we have been work- dramatic Medicare cuts and they do Speaker and the Rules Committee ing together. not have the votes for these bad poli- make sure the House is strictly con- What we are considering today is not cies we changed in SCHIP last year. So trolled by a majority vote. Reconcili- about making policy. So what is the they want to force it through the proc- ation is only important for the pur- point of it? Well, I think it is about ess by stuffing it into a partisan rec- poses of the Senate to avoid filibuster, playing politics. We are in an election onciliation bill. to avoid a 60-vote supermajority, to get year. In fact, it is a Presidential elec- Now, focusing back on Medicare, let to finality in the process, limiting the tion. We all know the stakes are very us consider what is at stake. We have role of the minority. And, remember, high. So why on Earth should anyone until the end of June to pass a Medi- the Senate is the only institution in believe that trying to move a partisan care bill that the President signs into our political system where minority Medicare and Medicaid reconciliation law. If the Democratic leadership in- rights are meant to be protected and bill makes any sense at all? sists on using budget reconciliation for are, in fact, protected. Exactly what bill does the majority this Medicare bill, they will fail to get I do not think the other side wants a want to pass that will not have broad a bill enacted. Failure to get this done debate in the Senate about reconcili- bipartisan support? Fortunately, the by June 30 has serious consequences for ation, so they have hidden the rec- chairman of the House Ways and Means seniors and disabled Americans who onciliation instructions in the House Committee answered that question for rely on this important Government bill so they can drop it in their final all of us. He confirmed that he wants program we call Medicare for their budget. Since I am pretty confident it to include the House-passed Medicare health care. Failure to get the bill done will be there in the final budget, I want bill from last year in reconciliation, a and signed means that severely dis- to bring attention to the problems this bill better known in the health care abled and injured Medicare bene- creates as we consider all the work, circles as the CHAMP Bill, acronym C- ficiaries will not be able to get the and three-fourths of it comes out of the H-A-M-P, CHAMP. therapy they need beginning in July. Finance Committee over the next few You may be wondering what it is in Failure means that sorely needed doc- months of this session. the CHAMP bill that would not pass tors and other health care profes- It is true, of course, that reconcili- unless it would be included in rec- sionals in rural areas are going to see ation can be a very useful and powerful onciliation. Fortunately, there is an drastic reductions in their Medicare re- tool for actually making policy to answer. The House CHAMP bill in- imbursement. It means low-income reign in Government spending. Rec- cludes drastic cuts to home health beneficiaries who need help with their onciliation can be used to pass con- care, to hospital care, and skilled nurs- Part B premium will not be able to get troversial reductions in entitlement ing care. The House CHAMP bill also it because the Qualified Individuals spending. By design, the reconciliation would end availability of Medicare Ad- Program in Medicare will have expired. process greatly reduces the role of the vantage plans and their extra benefits It means patients with end stage renal minority, be it Democrats for 12 years in most of rural America. It would also disease who need dialysis will still be prior to now or Republicans now. But drastically cut benefits for rural sen- in the system in need of payment re- let us review the basics on how to iors who are enrolled in Medicare Ad- form. Necessary reforms are needed to make law around here. To make law, vantage plans throughout the country. improve how end stage renal disease fa- not only does Congress have to pass it It would also cut other benefits such as cilities are paid so they have stronger but the President has to sign it or you preventive health benefits that seniors incentives for improved critical out- have to have votes to override a veto. rely on when they enroll in Medicare comes and enhanced quality of care. In the last 20 years, precisely four ve- Advantage plans. Reforms are also needed to eliminate toes have been overridden—not a very The House CHAMP bill would also re- incentives for the overuse of drugs in high percentage. sult in higher out-of-pocket costs for that program. It means that seniors’ Pursuing an override strategy is an lower income seniors who are enrolled reliance on ambulance services in rural uphill battle as anyone such as Senator in Medicare Advantage. The House areas will be put at risk because of un- BAUCUS and I, who have worked so hard CHAMP bill also has some changes in derpayments for rural ambulances. It on the SCHIP bill last year, found out. the State Children’s Health Insurance means that beginning in July, Medi- To have the President sign it means Program that merit further discussion, care beneficiaries will have their the bill will have to be bipartisan. The to be sure. It would turn the capped health care threatened when family President is not going to sign a par- SCHIP block grant program into an un- doctors, surgeons, medical specialists, tisan bill. The President will not sign a capped entitlement program. Childless and nurse practitioners all across the bill that lacks involvement and sup- adults would be allowed to stay on country will have Medicare payments port from the minority as well as the SCHIP indefinitely. Remember, we had cut by more than 10 percent. majority. that debate last year. Everybody said a I hope you realize how demoralizing Since reconciliation cuts Repub- children’s health insurance bill is for that will be to doctors in this country licans out of the process, it ain’t going children, not for adults. We did things when they face a 10-percent reduction. to work. Likewise, what do you have to in this body to make sure adults were In many areas, doctors are already in have to override a veto? Republicans, not covered by the children’s health in- short supply. With a 10-percent pay of course. About 16 in the Senate and 60 surance bill because it cheats children. cut, some may solve their problem by in the House if you are going to get So why would you want to go back to not accepting Medicare beneficiaries. anything done. Since reconciliation is something we debated and carried by a New beneficiaries may also have trou- a partisan process, it is passed with two-thirds vote in this body? And it ble finding a doctor. only partisan support, it is pretty clear would add coverage for immigrants Failure also means other important it will not work. It will be a pointless who have come here illegally to the initiatives will not get done. It means political exercise. It will not become SCHIP program as well. that legislation to strengthen incen- law, plain and simple. None of those provisions were in- tives for physicians to use electronic If you want to make law around here, cluded in the bipartisan package we prescribing will not happen. This it has to be bipartisan. That means in worked out together last year. I have means we will continue to have higher this body involving the Republicans, got a chart here that will emphasize rates of dangerous medical errors, that and since you will need Republicans to this. It is the whole to-do list that is people have their lives put at risk. make law, you do not need reconcili- hidden in their agenda for the year. It It means our Nation’s seniors and ation to get a bill passed in the first is hidden in their stealth plan to do a disabled Americans will still be in the place. If the effort is bipartisan, you do reconciliation bill this year. health care system that rewards poor

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1851 quality care, because enacting hospital where, then, is the bipartisan spirit on of the process to use reconciliation for value-based purchasing in Medicare is SCHIP that was here last year? Why is this type of an issue. not going to happen. These are some of it not here this year? Mr. GRASSLEY. Based upon what the reasons why we should not be Mr. CONRAD. Will the Senator yield the Senator from North Dakota said thinking about reconciliation as a way on that point? about SCHIP, I will not go on making to avoid this set of outcomes in July. I Mr. GRASSLEY. Yes, I will yield. my case about that. He has pointed out hope we can set aside this reconcili- The PRESIDING OFFICER (Mrs. what the intention is, which is not to ation charade. I hope we can continue MCCASKILL.) The Senator from North preclude something less than $50 bil- to work in this body in a bipartisan Dakota. lion, and that brings us back to the way, as we have a reputation for doing Mr. CONRAD. I asked that same possibility of a bipartisan compromise, in the Finance Committee, to get a question myself. Why do we not put in assuming we don’t have reconciliation. Medicare bill passed and signed by the the $35 billion figure? And the answer I will go on then to certain CMS reg- President by the end of June. was: It is up to $50 billion so it would ulations and how they are treated in It is quite clear: The stakes for fail- accommodate the $35 billion com- the budget resolution. I know some ure are too high. So let us not kid our- promise, but it also was with the un- people have concerns with the CMS selves about including a reconciliation derstanding that a year later, maybe Medicaid regulations. I will not argue instruction in the final budget, mean- that would need to be $36 or $37 billion, that these regulations are perfect. In ing what comes out of conference. It is to have the same force and effect. fact, I have written for my constitu- not about making policy. No one I would say to the Senator, there was ents a lot of letters to CMS raising should mistake it for a serious effort. no intention here to leave an impres- questions about some of these regula- It is about jamming a bill through Con- sion that we were not eager to con- tions. However, the regulations do ad- gress and forcing the President to veto tinue the bipartisan effort. dress areas where there are problems in it. It is about making politics that I wish to salute the Senator. He made Medicaid. Somehow I read this budget threaten the Medicare Program and an enormous effort, as did Senator resolution as not recognizing those real the seniors who rely on it. I will have BAUCUS, Senator ROCKEFELLER, and problems. States don’t have clear guid- nothing to do with that sort of a proc- Senator HATCH. They spent many hours ance and could be inappropriately ess. I do not think very many people on putting together a bipartisan agree- spending taxpayers’ dollars. We ought this side of the aisle will either. ment on SCHIP. We certainly don’t to make sure that since Medicaid is a What we are considering today is not want to in any way leave the impres- Federal-State program, that we have 50 about making policy. Then what is the sion that we don’t want to pursue that States to deal with, they ought to have point? It is politics. If we are going to again. as much assurance as they can have in have a serious effort at legislating, I Mr. GRASSLEY. The Senator from our basic law and regulations as to hope the other side would decide not to North Dakota backed us on that effort, what they can do and not do. We ought pursue a partisan reconciliation bill. and I thank him for that. And the ex- to be concerned that they know that. Instead we need to work out a bipar- tent to which you say you would be Because if they do something wrong, tisan bill that can become law. willing to work, I assume you are we pay over half. In my State, we pay The bottom line is that reconcili- speaking as a person, for $35 billion in- 62 percent of the cost of Medicaid. So ation is a bad idea. It is partisan. It stead of 50, I accept that. But I am say- let’s talk about how many dollars will not become law. We have serious ing for the public who is looking at might be involved. work to do before the end of June, and this document we call the budget reso- The budget resolution provides for a sham political reconciliation exercise lution, that has $50 billion in it. You $1.7 billion that is going to be ad- is not getting us any closer to getting draw other conclusions. dressed by these regulations. The the job done. Mr. CONRAD. If the Senator will amount is only to delay the regula- While the stealth reconciliation in- continue to yield, that is why the lan- tions until the end of March of next struction is the most disturbing facet guage in the resolution says up to 50. year in hopes the next administration of this budget, it is not the only prob- Again, I say to my colleagues, I have will pull back those regulations. Of lematic health care provision. The every intention to pursue again the ef- course, that is what the people who are budget misses the opportunity to con- fort that you and the chairman of the supporting this provision are hoping tinue the bipartisanship that was committee pursued so vigorously last for. What would it cost if we tried to forged in the Senate over the State year. completely prevent these regulations Children’s Health Insurance Program Mr. GRASSLEY. I thank the Sen- from ever taking effect? Not the $1.7 last year that passed this body, some- ator. I am happy to yield to the Sen- billion that is in this budget resolution times with 69 votes. ator from New Hampshire without los- to get us through to March of next Last year, SCHIP reauthorization ing my right to the floor. year. It would actually cost taxpayers was a top health priority. It was a dif- Mr. GREGG. In order to accomplish $19.7 billion over 5 years and $48 billion ficult and it was a bruising battle. But the goals the Senator wishes to accom- over 10 years. Let me emphasize that, the $35 billion compromise bill gar- plish and which have been subscribed $48 billion over 10 years. It is a farce, nered 68 votes in the Senate. It was a to by the chairman of the committee, from my position, an absolute farce for true show of bipartisanship. you wouldn’t need reconciliation to ac- anyone to argue that all those dollars Now, rather than come back to the complish that, would you? are being appropriately spent and that second session of this Congress to roll Mr. GRASSLEY. No, you would not. Congress ought to walk away from up their sleeves and finish the job, it In fact, it detracts from it. Because too these issues, forget about what CMS is looks to me as if the Democratic ma- often reconciliation tends to be a par- trying to do to bring some rationale to jority is abandoning that bipartisan tisan issue, and we will never get the spending of taxpayer dollars. work from last year. SCHIP through here that is not bipar- CMS still has a fundamental respon- Now you might say, how do I know tisan. I think you are making the case sibility to combat fraud, to prevent in- that? Well, it is very clear, because the that I have taken a long time to make, appropriate spending, and to protect budget before us returns to the $50 bil- that reconciliation is not a process we the integrity of the Medicaid Program. lion reserve fund for SCHIP from last need to accomplish most of the major This budget resolution tells CMS to year’s Democratic budget, a figure that goals in some of these areas that there stop your work. Take the rest of the was soundly rejected by the Senate last is bipartisan agreement to reach. year off. Your work is no longer nec- year in the compromise that was put Mr. GREGG. That was my point. I essary. before us that got those 68 votes. think the Senator from Iowa has made This is a serious mistake. What we My colleagues know that a key fea- an excellent case for why this rec- ought to do is have an instruction that ture of last year’s SCHIP deal was to onciliation, I think he called it a requires the Finance Committee to re- cap spending at $35 billion. But they stealth vehicle floating around here, place the regulations. Instead of mak- did not include the $35 billion for should not be used. It is inappropriate ing the regulations go away, the Fi- SCHIP that had bipartisan support. So and certainly undermines the integrity nance Committee ought to be tasked

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1852 CONGRESSIONAL RECORD — SENATE March 11, 2008 with replacing them with a policy that latest available from the Internal Rev- graciously stepped aside during the fixes the problems. That is what we enue Service Statistics of Income Of- budget debate when— should be doing for the American tax- fice. There are four brackets above 15 Mr. CONRAD. Madam President, will payer. percent. The first is a 25-percent brack- the Senator yield? So let’s review what we have in the et which contains 22 million families Mr. GRASSLEY. Madam President, I budget resolution. First, we have a and individuals. The next bracket is 28 will yield to the Senator. stealth reconciliation provision that percent. There are almost 4 million Mr. CONRAD. Madam President, let promises to place politics over getting tax-paying families and individuals in me say there have been a number of ex- important policies accomplished. Sec- that bracket. The next bracket is the amples last year and this year of what ond, we have an SCHIP provision that 33-percent bracket. There are 1.5 mil- I think distinguishes the Senate. The abandons the bipartisan progress made lion tax-paying families and individ- actions by the Senator from Iowa last in 2007, recognizing the dialog I had uals in that bracket. And the top year were an example of courtesy and with the chairman of the Budget Com- bracket is 35 percent, and in that 35- graciousness that I will never forget. I mittee on that point, after I made my percent bracket is almost a million want to say publicly, as I have said be- point. Third, we have a Medicaid provi- people. This is a group whom you will fore, how very much I appreciate what sion that carelessly abandons the in- hear most about from the other side. the Senator did last year to withhold tegrity of programs in several key Even it is a sizable group, 963,000 peo- an amendment that would have other- areas, costing, if it would stay in place ple. It contains a lot of stable and long- wise taken down the budget. It was an forever, $48 billion over 10 years. With term small business owners who create act of great courtesy, and I thank the spring training in full swing, I would most of our jobs. The other side would Senator for it. like to borrow a baseball analogy. That like to leave the impression that these Mr. GRASSLEY. Well, Madam Presi- is one, two, three—well, you know all are nothing but Wall Street moguls. dent, I appreciate the Senator’s kind the rest. If we were to raise this rate, as pro- words. I am going to kind of use some I have some comments I wish to posed, to 39.6 percent, the small busi- words that I think he spoke to me last make about the provisions that might ness owners would be facing a 13-per- year, and I would not say they are an be offered in what is called the tax re- cent penalty vis-a-vis the largest cor- absolute quote, but it went something lief measures and particularly those porations in the land. like this: Chuck—that is my first that might not be included in an Now where do you get the idea that is name. This was in private. You do not amendment that is going to be offered good for America, that small call us by our first name on the floor of from the other side of the aisle. I would businesspeople, sole proprietors filing the Senate. But something like this like to define for my colleagues some individual taxes and in the business of was said to me: Chuck, hold off on this. of the widely applicable expiring tax creating jobs, ought to pay 13 percent We will do this on the farm bill in 2007. relief provisions that are not going to more than what corporations pay? In Well, we did do the farm bill in 2007, be covered by an amendment that I fact, the whole purpose of the 2001 tax but we do not have it done yet. Any- think is going to be offered by my bill was to make sure there was parity way: Chuck, hold off on this. We will do friend from Montana, Senator BAUCUS, between sole entrepreneurships cre- this on the farm bill in 2007. You know in an amendment he has. I know al- ating jobs and corporations creating you have the votes there. ready that Senator GREGG, the ranking jobs. We are talking about a small So I backed off and I waited, as has Republican on the Budget Committee, group of people, 963,000. been verified by the chairman of the has pointed this out, that the lower If you total the number of tax-paying committee. Everyone knows what hap- rates on capital gains and dividends families and individuals affected by pened. His colleague, Senator DORGAN would rise after 2010, under the pending these marginal rate increases, it is a of North Dakota, and I worked hard amendment. That means that lower in- total of 28 million families and individ- over a period of a couple years to be come taxpayers’, those in the 10- and uals. Keep in mind, as I said yesterday, able to offer an amendment of a 15-percent tax brackets, capital gains that is a group of tax-paying families $250,000 hard cap to the commodity pro- rates rise from the current zero rate to who start paying on taxable income of grams on the Senate floor to the farm 10 percent. $63,000, and for individuals it starts for bill. Do you know what. We had a ma- It means for dividends for the same as low as $32,000 of taxable income. jority. We had 56 Senators who voted group, the tax rate would go from zero This large group of taxpayers would to support this hard cap. I can tell by rate to either 10 or 15 percent. Why face various marginal rate hikes, if the looking at some other Senators here, would anybody want to discourage peo- policy underlying the pending amend- we probably had 58, but there were rea- ple who are in those brackets, usually ment were to become law. sons otherwise for voting. But leader- lower income earning people, from hav- The better way to deal with these ship—and all I can say is in a generic ing to pay a higher rate of tax on their current law levels of taxation would be way—leadership imposed a super- savings, when the rate of savings in to make them permanent because per- majority requirement on the amend- this country is at such a low level com- manency of tax policy is the best tax ment. We did not have 60 votes. So if pared to other countries? In fact, last policy that is going to create the most you do not have 60 votes around here, year it was a negative savings rate for jobs. sometimes you do not get anything all America. For all other taxpayers, There will be an amendment to be of- done. though, the capital gains rate would go fered by Senator GRAHAM that ensures At this point there is no guarantee up 33 percent, from 15 percent to 20 per- capital gains and dividend rates stay at we are even going to have a farm bill. cent. For those taxpayers, the dividend the current low levels for lower income I think we will, but I cannot guarantee rate would go from 15 percent to as taxpayers. The Graham amendment it. I do not like to say this because I high as 39.6 percent on dividends as op- will ensure that roughly 28 million am very hopeful that we will, but there posed to capital gains. families and individuals would not face are a lot of hurdles to jump before we As important are marginal tax rate marginal tax rate increases after that. get there. We have not been able to hikes that would kick in after the year For those Members waiting to speak, come up with acceptable offsets that 2010. Here I am talking about all the I have one more fairly short comment the administration can agree to. We tax brackets above the 15-percent I wish to make on another provision in have not been able to find a structure bracket. We have a chart that tells ex- the bill that was put in, in committee. for the Finance Committee’s assistance actly what is going to happen with I come before you to discuss payment that the House can live with. The each of these and how many families limitations, meaning payments to House has not even named conferees, so and individuals are being affected by farmers. we have not even begun to engage in these tax rates—who are going to have For years I have been leading an ef- the very serious, substantive policy the tax rate increase. The chart shows fort to put a very hard cap on the issues that get us to finality, even the current law brackets and the num- amount of Federal subsidies going to though there is a lot of talk going on ber of tax-paying families and individ- farmers. Last year, as everybody and there are a lot of meetings going uals in each bracket. The data is the knows, I stepped aside. I wish to say I on. So this year, we are back where I

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1853 was a year ago on the budget. Last So you have farm bills passed by both The report also said that the 2007 week, Senator ALLARD and I offered an Houses that you could drive a gigantic farm bill is the time for these reforms amendment on payment limits during 9620 John Deere tractor through—and to be made as part of a change in per- committee consideration of the budget those are big tractors. I will support manent law. resolution. This amendment would trying to lower the adjusted gross in- Well, that time has come. By sup- limit commodity payments and allo- come limits, but I have seen a lot of porting the policies included in the Al- cate the savings to nutrition. The data that suggests that not many farm- lard-Grassley amendment, we can amendment was agreed to by a bipar- ers are going to be kicked out of the allow young people to get into farming tisan vote of 13 to 9. program if they are filthy rich, do not and lessen the dependence upon Fed- Here I am to put everybody on notice need the help, do not need the support, eral subsidies. This will help restore that this $250,000 hard cap should be do not need to be subsidized to get big- public respectability for public farm carried through to the conference re- ger. They have the ability to get bigger assistance by targeting this assistance port. I want to have an adequate safety on their own economic entrepreneur- to those who need it. net for family farmers in the tradition ship. We should not have to subsidize You might remember the last time of farm programs for six, seven, or them. we had a vote on payment limits was eight decades, where it was targeted In addition, I have evidence that the on the budget bill. Many of our col- toward small- and medium-sized pro- U.S. Department of Agriculture is not leagues said they agreed—no. The sec- ducers, people who maybe cannot even enforcing current law, the current ond time back we had a vote on this ‘‘weather the storm’’ as the big gigan- adjusted gross income cap of $2.5 mil- was on a budget bill. Well, at that time tic farmers can. That storm can be nat- lion. So what makes us think they are it was argued: Wait until the 2007 farm ural or it can be politically instituted going to enforce something at $500,000? bill. It needs to be done on a farm bill. or it can be internationally insti- This to me is more than just econom- Well, you know what happened. You tuted—a lot of things beyond the con- ics of the farm program. This is about change the rules in the middle of the trol of the family farmer. So we have good government. This is about respon- game. You think 51 votes will get an had a safety net to guarantee a stable sibility to the taxpayers. Most impor- amendment adopted around here. Then supply of food for our people, both for tantly, this is about protecting the somebody says: Well, we can’t beat social cohesion as well as for national livelihood of America’s small and DORGAN and GRASSLEY with a majority defense. midsize farmers who you might say are vote, so we will somehow scramble Now, in recent years, however, assist- protected anyway because there is a around and wiggle the rules—and I ance to farmers has come under in- safety net for them. don’t know what all it takes; and it creased scrutiny by urban communities But my point is, you pay these 10 per- will never be in the history books—but and the press. cent of the biggest farmers 73 percent Do we have a chart? Yes, we have a it happens that all of a sudden you of all the money out of the pot that is chart here I wish to have you look at. need 60 votes to get something done The law that is now being adminis- set aside for support for farmers, and around here. We only got 56 votes, so tered maybe has unintended con- we are going to lose urban support for we did not get it done. sequences, but they are real con- the farm safety net, and small, me- But to all my colleagues who said: sequences. The law creates a system dium, or big, there is not going to be Wait, a couple years back during the that is clearly out of balance. If we any farm safety net, and someday you budget debate, we are done waiting. We look at the results posted on this are going to wonder why there is not will not be brushed off again. Payment chart, we have a system where 10 per- enough food in America. limits must be done now, and waiting cent of the farmers—the biggest farm- I want to take a minute to outline for a stalled farm bill is not an appro- ers—get 73 percent of the benefits out some of the folks who have supported priate strategy. I call upon my col- of the farm program, and the top 1 per- this in the past. All 12 Democrats on leagues to back this commonsense cent gets 30 percent. I am not saying the Budget Committee have voted to measure which a majority of this body these corporate farms should not have support this measure at one time or has supported numerous times in the a safety net like everyone else. This another. Last week, we had 13 votes in past. I hope we can count on our Sen- amendment is not means testing any- favor of a $250,000 hard cap, including a ate colleagues to support the Senate body. But it is saying at some point: majority of Democrats. We have sup- position on payment limitations in Enough is enough. We have to set a port from groups that are concerned conference. hard cap, a hard level of payments that about hunger in America or hunger in I yield the floor and thank all of my is equitable to all producers, no matter the world. We have the support of envi- colleagues who were patient while I ex- their size, with emphasis upon helping ronmental groups. We have churches pressed my views. small- and medium-sized farmers. backing this. We have small and begin- The PRESIDING OFFICER. The Sen- My amendment adopted in com- ning farmer advocates. ator from North Dakota. mittee and included in this resolution Let me remind this body of a report Mr. CONRAD. Madam President, I will help revitalize the farm economy that was put out because of the 2002 thank the Senator from Iowa. You do for young people, at the same time sav- farm bill. Remember, we had this argu- not have to agree with all the Senator ing taxpayers money or, better yet, ment in 2002. We won overwhelmingly has observed. I do not agree with ev- using that money in nutrition where it in the Senate. It was taken out in con- erything he said here, but I do have will do some good for lower-income ference because of big corporate farm great respect for him. He has con- people. interests that were on the House Agri- ducted himself as a gentleman, espe- The amendment will put a hard cap culture Committee, and they are prob- cially with respect to these budget on farm payments at $250,000. I want to ably still there, even though it is under matters. I very much appreciate that. I make a very clear distinction here. Democratic leadership. want to make certain I say it publicly. Even if we have a farm bill—because We did not get these limits. So we I ask unanimous consent that Sen- the arguments are going to be made had a commission report: Let’s study ator STABENOW, who has now waited against this bill: We are in negotia- this. Let’s find out what we can do to well over an hour, be recognized for 15 tions on a farm bill. Why mess with make sure that 10 percent of the big- minutes, to be followed by Senator this in a budget? Well, if we do have a gest farmers do not get 73 percent of GRAHAM on the other side for 15 min- farm bill, I have a feeling it is going to the benefits out of the program. utes, before we go to the joint eco- end up relaxing payment limit laws Well, do you know what the report nomic presentation which has already that we have in the 2002 farm bill. The said. After about 2 years of study, it been locked in at 5:15. House of Representatives, in their farm said: Do exactly what was done in the The PRESIDING OFFICER. Is there bill, actually increases direct payment Senate in 2002. And that is exactly objection? caps. And both the House and the Sen- what we got 56 votes to do a couple The Senator from Kentucky. ate totally eliminate the cap on mar- months ago when the farm bill was up Mr. BUNNING. Madam President, I keting loan gains, making them vir- in the Senate—but not 60 votes to get was assured I would have time at 5 tually unlimited. over that hurdle. o’clock to speak for up to 10 minutes.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1854 CONGRESSIONAL RECORD — SENATE March 11, 2008 Mr. CONRAD. Madam President, why the very same kind of ratio. So I hope We also permanently extend the tax don’t we go to Senator STABENOW for 15 when we get to a debate of a permanent credit for childcare expenses. No one minutes, and then we will hopefully extension—which I understand is com- who has a child in America today will work out this matter with our other ing—of the President’s tax cuts, that speak about childcare expenses as a colleagues. we will see that same kind of concern frill. It is a necessity. If we care about The PRESIDING OFFICER. Without about where tax benefits are going in children, children’s well-being, and objection, it is so ordered. America. I have middle-class families, families, we need to make sure we are The Senator from Michigan is recog- working families who are still waiting, recognizing that childcare expenses are nized for 15 minutes. frankly, to receive the benefits they a very important and expensive cost Mr. CONRAD. I thank the Senator have heard so much about. for families, and we need to address from Kentucky for his courtesy. That is what this amendment, the that by permanently extending the tax The PRESIDING OFFICER. The Sen- Baucus amendment, is all about: focus- credit for childcare expenses. ator from New Hampshire is recog- ing on the extension and addition of We also permanently extend the in- nized. tax cuts for middle-class families and creased adoption tax credit. We want Mr. GREGG. Could we amend the for our brave men and women who are to make sure families who are reaching unanimous consent to say that after serving in harm’s way right now out to children, who want to be able to Senator STABENOW speaks for 15 min- around the globe, particularly in Iraq adopt a child, have support and incen- utes we go to Senator GRAHAM for 10 and Afghanistan, and their families. tive to do that. Certainly, the biggest minutes and then to Senator BUNNING This is a very important amendment. incentive is that beautiful baby, but we for 10 minutes and the time that was Let me start by saying what we want want to make sure the Tax Code will supposed to start at 5:15 be moved to to address is the situation that is now help them with their costs and ex- 5:20? occurring. We want to change what is penses as well. Again, this is a pro-fam- Mr. CONRAD. Well, the only problem now occurring as it relates to tax pol- ily, pro-children, pro-middle class with that is I might need to respond. icy. Last year, in 2007, those who were amendment. I am hopeful it is one that Why don’t we do this: Why don’t we earning more than $1 million a year re- we are all going to embrace. proceed with the understanding of Sen- ceived a tax cut of $119,557. So, rough- We all want to bring certainty to the ator STABENOW for 15 minutes—and ly, it is fair to say $120,000 in average estate tax law. No one, I believe, wants then the desire is to go to Senator tax cuts for somebody earning over $1 to see in 2010 the old law take place. GRAHAM; is that correct? million a year. That is more than twice We don’t want to have uncertainty for Mr. GREGG. For 10 minutes, and what the average hard-working person families, for family farms, and small then Senator BUNNING for 10 minutes. in Michigan is earning, the paycheck businesses. This permanently extends Mr. CONRAD. I would like to reserve that they are earning every single the tax relief that has already been the right to be able to respond to Sen- year. adopted, the tax cuts that have already ator GRAHAM, if I might. Will Senator What we are seeing across the coun- been adopted. BUNNING be speaking on the same sub- try are folks in the middle class being Something else is very important for ject? squeezed on all sides and actually see- families right now as they are strug- Senator BUNNING has been gracious. ing their incomes going down. Too gling to keep their homes. We are all Why don’t we do that. We will have 15 many times we are seeing jobs being very focused and have spent time on minutes for Senator STABENOW, 10 min- lost overseas. We are seeing people the floor talking about what we need utes for Senator GRAHAM, and then we being asked to take less in terms of a to do. Senator REID has put forward a will go to Senator BUNNING for 10 min- paycheck. But gasoline now is pro- very important proposal addressing utes, and then I will reserve time in jected to be inching up toward $4 a gal- what we can do to help with the home case it is needed to respond. We thank lon, if my colleagues can believe it. crisis and so many families losing their the Senator from Kentucky for his Health care costs are going up. The homes. This particular amendment in- courtesy. cost of college is going up. Everything cludes a first of its kind standard de- Mr. GREGG. Then we will amend the is going up, while wages, for most peo- duction for property taxes for Ameri- agreement so the Humphrey Hawkins ple, are either staying the same or cans who don’t itemize on their Fed- time will start at—— going down. eral income tax returns but would Mr. CONRAD. At roughly 5:20. We So when we talk about where we allow them a tax deduction for their pose that unanimous consent request. want to focus tax cuts for this country, property taxes. This is a very impor- The PRESIDING OFFICER. Without it ought to be the folks who are work- tant piece for supporting families who objection, it is so ordered. ing hard every day, who love this coun- are working hard to be able to literally The Senator from Michigan is recog- try and want to have the American keep their home. nized for 15 minutes. dream available for themselves and The other provision that is so signifi- Ms. STABENOW. Madam President, their families but have not seen the tax cant is to focus on those things that as my friend from Iowa is leaving the cuts that have been talked about so are needed in the Tax Code to support floor, I thank him for his incredible much by the administration. So that is our brave men and women who are leadership on children’s health insur- what this amendment talks about. In- serving us in Afghanistan, in Iraq, and ance and the bipartisan way we came stead of $120,000 a year for somebody around the globe. We have men and together around that measure. We hope earning over $1 million, let’s focus on women now who are on third and to be able to do it again because we middle-class families. fourth redeployments. They have made have millions of children and families The Baucus amendment would per- tremendous sacrifices, and their fami- who are still waiting for children to be manently extend the 10-percent income lies are as well, and we need to be able to receive health insurance. tax bracket. Everybody would get re- doing everything we can to support I wish to speak, though, as a cospon- lief, but proportionately it would be re- them. So this does a number of things. sor of the Baucus amendment, to the lief for low- and moderate-income fam- It has a permanent allowance for sol- middle-class tax relief amendment, ilies. It would extend the refundable diers to count their nontaxable combat which is so significant. I find it inter- child tax credit. We want to make sure pay when they figure in the earned-in- esting: my friend from Iowa was refer- those families who have more than one come tax credit, so they can get the ring to a chart that related to the pay- child—two, three, four children or benefit of the earned-income tax credit ment limitation issue, with 73 percent more—are able to benefit from the for low-income working families. We of the benefits going to 10 percent of child tax credit. The marriage pen- provide a tax cut for small businesses the farmers, where you could cross alty—we want to make sure that is ex- that are paying some of the salary of that out and put President Bush’s tax tended. Certainly, we ought not to be the members of the National Guard and cuts at the top, and you could have the in America penalizing folks because Reserve who are called to duty. Again, very same kind of ratio or even more of they are married when it comes to we have families now that are really at a difference. You could take estate tax their tax returns. This permanently ex- a point of desperation trying to figure repeal and put that up there and have tends marriage penalty tax relief. out how to pay the mortgage, how to

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1855 keep going, and we have so many small the benefits, while we are asking so On page 3, line 14, decrease the amount by businesses that are being supportive, many others to sacrifice and to be able $127,024,000,000. and we want to recognize that and give to be required, unfortunately, on too On page 3, line 15, decrease the amount by them some support as well. many occasions now, to lay down their $151,137,000,000. On page 3, line 20, decrease the amount by A permanent allowance for all vet- lives for their country. $949,000,000. erans to use qualified mortgage bonds So I hope the Baucus amendment is Qn page 3, line 21, decrease the amount by to purchase their homes, again, is an- passed overwhelmingly. Then I hope we $3,215,000,000. other way to help people be able to pur- say no to what I believe will be an ad- On page 3, line 22, decrease the amount by chase homes, to be able to do what we ditional amendment, which would ex- $93,791,000,000. all want, which is to have a home, save tend this tax policy. It would extend it On page 3, line 23, decrease the amount by through the equity of a home, and be out. With a war unpaid for, with the $127,024,000,000. On page 3, line 24, decrease the amount by able to live a good life in America. massive debt that we have in our coun- We also have created the ability for $151,137,000,000. try, the obligations to our veterans and On page 4, line 5, increase the amount by Active-Duty troops to withdraw mon- their families when they come home, $18,000,000. ies from retirement plans without pen- we do not need to extend a tax policy On page 4, line 6, increase the amount by alty. This is very important, when peo- that has given so many of our precious $110,000,000. ple unfortunately now have dipped into resources to a blessed few people in our On page 4, line 7, increase the amount by savings. They may have a home equity country, many of whom are asking us, $2,487,000,000. loan going on and they find themselves in fact, not to do that. On page 4, line 8, increase the amount by in strapped situations and we ought to $8,005,000,000. So I thank our leader on the Budget On page 4, line 9, increase the amount by allow them to take their savings and Committee for all of his wonderful $15,207,000,000. retirement plans without penalty to be leadership, as well as the ranking On page 4, line 14, increase the amount by able to help them pay the bills. member. $18,000,000. We have an extension of a provision I yield back the remainder of my On page 4, line 15, increase the amount by that gives retired veterans more time time. $110,000,000. to claim a tax refund. Under certain Mr. CONRAD. Madam President, On page 4, line 16, increase the amount by disability benefit payments, the ability $2,487,000,000. would the Senator withhold for just On page 4, line 17, increase the amount by for families of reservists killed in the one moment for the purpose of a unani- line of duty to be able to collect life in- $8,005,000,000. mous consent request that the ranking On page 4, line 18, increase the amount by surance and other benefits provided by member and I previously worked out? $15,207,000,000. civilian employers and the ability for Mr. GRAHAM. Yes. On page 4, line 23, increase the amount by families of soldiers killed in the line of Mr. CONRAD. Madam President, I $967,000,000. duty to contribute 100 percent of sur- ask unanimous consent that the Bau- On page 4, line 24, increase the amount by vivor benefits to retirement savings ac- cus amendment be temporarily laid $3,325,000,000. On page 4, line 25, increase the amount by counts or education savings accounts. aside for the purpose of the Repub- This is a very important part of this $96,278,000,000. licans offering the Graham amend- On page 5, line 1, increase the amount by amendment that pays tribute to those ment, and that the Baucus amendment $135,079,000,000. who have been asked to sacrifice the remains as the regular order, regard- On page 5, line 2, increase the amount by most, whether it be someone bravely less of the pendency of other amend- $166,344,000,000. serving right now in the war, someone ments. On page 5, line 8, increase the amount by who has come home disabled, or the The PRESIDING OFFICER. Is there $1,214,000,000. family of someone who did not come objection? On page 5, line 9, increase the amount by home. $4,539,000,000. Without objection, it is so ordered. On page 5, line 10, increase the amount by We are debating a budget resolution Mr. CONRAD. I thank the Chair, and right now and talking about who re- $100,817,000,000. I thank the distinguished Senator from On page 5, line 11, increase the amount by ceives benefits and where we have to South Carolina for his courtesy. $235,846,000,000. make hard choices. The folks who have The PRESIDING OFFICER. The Sen- On page 5, line 12, increase the amount by made the toughest choices are the ator from South Carolina is recognized. $402,190,000,000. folks who are serving us, serving our On page 5, line 16, increase the amount by AMENDMENT NO. 4170 country in war halfway around the $1,214,000,000. world. I have a lot of folks who are in Mr. GRAHAM. Madam President, I On page 5, line 17, increase the amount by this category of getting the more than send an amendment to the desk. $4,539,000,000. On page 5, line 18, increase the amount by $120,000 a year in tax cuts this last year The PRESIDING OFFICER. The clerk will report. $100,817,000,000. who have said to me: I don’t need it. I On page 5, line 19, increase the amount by earn over $1 million a year. I don’t The assistant legislative clerk read as follows: $235,846,000,000. need this. Give this to the men and On page 5, line 20, increase the amount by women who are serving us. Help pay for The Senator from South Carolina [Mr. $402,190,000,000. the war so that we are not paying for it GRAHAM], for himself, Mr. MCCAIN, Mr. KYL, On page 26, line 16, increase the amount by Mr. MCCONNELL, and Mr. DEMINT, proposes $18,000,000 on a credit card or make sure our vet- an amendment numbered 4170. erans have the health care they need On page 26, line 17, increase the amount by $18,000,000 when they come home or make sure we The amendment is as follows: (Purpose: To protect families, family farms On page 26, line 20, increase the amount by fund a GI bill that Senator WEBB has $110,000,000 introduced that would provide edu- and small businesses by extending the in- come tax rate structure, raising the death On page 26, line 21, increase the amount by cational opportunities for the men and tax exemption to $5 million and reducing $110,000,000 women who have come home from this the maximum death tax rate to no more On page 26, line 24, increase the amount by war that so far has lasted 5 years. than 35%; to keep education affordable by $2,487,000,000 So there are many wonderful people extending the college tuition deduction; On page 26, line 25, increase the amount by who love our country who are saying and to protect senior citizens from higher $2,487,000,000 this kind of a tax system where those taxes on their retirement income, main- On page 27, line 3, increase the amount by $8,005,000,000 who make less than $100,000 a year get tain U.S. financial market competitive- ness, and promote economic growth by ex- On page 27, line 4, increase the amount by $674, but if you make $1 million a year $8,005,000,000. or more you get $120,000 in a tax cut, tending the lower tax rates on dividends and capital gains.) On page 27, line 7, increase the amount by just doesn’t make sense. In my opinion, $15,207,000,000. it doesn’t represent the great values of On page 3, line 11, decrease the amount by On page 27, line 8, increase the amount by $949,000,000. $15,207,000,000. America, our values and priorities, On page 3, line 12, decrease the amount by what we are all about in this country. $3,215,000,000. Mr. GRAHAM. Madam President, We are not about having a system On page 3, line 13, decrease the amount by consistent with the unanimous consent where a privileged few receive all of $93,791,000,000. request, I will talk for 10 minutes

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1856 CONGRESSIONAL RECORD — SENATE March 11, 2008 about the outline of this amendment. I, ernment in terms of the income they ment, there is going to be a major tax too, would like to recognize the chair- earn, the No.1 answer is consistently 25 increase coming to hard-working man of the Budget Committee and the percent—regardless of income, region, Americans out there, at a time when ranking member for dealing with what rich, poor, black or white. Most Ameri- we live in a global economy; and if we I think is a very fruitful and important cans view 25 percent as a fair amount take any more from Americans, a lot of exercise in American democracy, and that somebody should have to pay to our businesses are going to leave us. that is setting the budget. We are the Federal Government in terms of How many people are affected by my going to try to create a budget to guide their income. We are now at 35 percent, amendment? Twenty-eight million peo- the Federal Government not just this and we are trying to hang on to that. ple will experience a tax increase by year but in coming years. Our Democratic friends, by opposing 2011 if this amendment doesn’t pass. If I had to showcase a difference be- this amendment, would allow the top Now, we have heard that two things tween honorable men and women in the rate to go to 39.6. But most impor- are certain—death and taxes. The only Senate about our philosophies, how tantly, it would allow the 25-percent thing I can tell you about taxes is that you think about the economy, show- rate for that class of taxpayers to go to if you touch it, use it, put it in your case differences between people who 28. Who is at the 25-percent rate? It car or eat it, in America it is taxed in are very sincere and all love their starts with income levels of $31,850 for some form. And then you die. Well, we country, it would probably be this single and $63,700 for married couples. have an estate tax law in America, and amendment. Senator BAUCUS’s amend- In 2011, they would, at that rate—if my it goes kind of like this. The current ment—I will vote for that; it extends amendment is not passed—have to pay law is you get a $2 million exemption tax cuts to families, child tax credits. 28 percent. for a couple at a 45-percent rate. If you The details of the amendment will be That is a lot of money from the econ- have an estate over $2 million as a cou- discussed on the floor. Certainly, it is omy going to Washington, at a time ple, the Government takes 45 percent needed. when we need money at home for fami- of what is left. You have paid taxes on My amendment is about those tax lies and businesses. Small business everything you have earned right be- cuts that will be left behind if we pass owners are in the 35-percent rate in fore you died. Here comes the Govern- Senator BAUCUS’s amendment and we large numbers. Do we want to take ment, after the $2 million exemption let current law expire. This probably il- every small business that is paying 35 has been reached, and it takes 45 per- lustrates the difference between the percent of their income to the Federal cent of what is left. That is current parties as much as any other event Government and, 3 years from now, law. That is supposedly too good a that I could offer to the American peo- make it 39.6 percent? Numbers matter. deal. I don’t think it is that great a ple. We live in a global economy, and To us, we are picking numbers. At deal. the question for America is this: What home, it is the bottom line. I grew up In 2010, here is what happens if we do kind of tax structure do we need in in a small town in South Carolina, nothing: Instead of a $2 million exemp- place to make sure capital will be where my dad owned a liquor store, a tion for a couple, it goes back to $1 formed here and not leave? Does your restaurant, and a pool room. I can re- million, and you get a 55-percent tax Tax Code matter when it comes to cre- member that we got by. Neither of my rate on everything else that is left. ating jobs? Does the amount you take parents graduated high school. The one How many small businesses out there, from a business—a small business or a thing I can remember about small busi- on paper, have assets over $1 million or major corporation—matter in terms of ness life is you have no option not to $2 million? How many farmers are land a global economy? Does it affect peo- get up and go to work. If you are dog rich and cash poor? Is that good policy? ple’s decision about where to do busi- sick, you still have to go to work be- One thing I can tell you for sure, being ness? What is fair? cause nobody will pay the bills if you a former prosecutor, if we don’t do This idea of class warfare—that it is don’t open the door. We had health in- something about this, there are going not fair to do this for one group if you surance basically for the four people in to be a lot of mysterious deaths on New are going to do something for the other our family. My mother got Hodgkin’s Year’s Eve 2010. Look at the con- group—would be a great debate to disease, and I paid those bills up sequences of dying one day versus the have. What I am trying to do is offer an through when I was in the Air Force. other. It is political malpractice for amendment to complement Senator To the people out there making a liv- the Congress to put people in this bind, BAUCUS’s, to make sure our tax struc- ing, the burdens of regulations matter. where estate tax rates go from 45 to 55 ture in America is fair to those who I think we should come together and and the exemption is cut in half, based work hard, who hire people, who create say something simple: 35 percent is on dying one day versus the other. capital and jobs, to those in retired enough to take from anybody. If you That is bad public policy. We need to status who are depending on their in- don’t like rich people, if you think fix it. vestments earlier in life to get them there is an amount of money that is My amendment would say there through. too much to make, then that is one would be a $5 million exemption for Here is the question for the country: way to run the Government, I guess. couples in this country and, after that, Under the current law that we passed That is one way to create a society— a top rate of 35 percent for the death several years ago, which expires in put a ceiling on what people can do. As tax. In other words, 35 percent of ev- 2010, the top tax rate is 35 percent. The long as you earn your money honestly erything you worked for all your life, question for America is: Is a 35-percent and fairly, the better you do, the after a $5 million exemption, would be top tax rate at the Federal level fair? happier I am for you. If I take 35 per- taken by the Government. It seems to be a gracious plenty to cent of what you make, I think I have The PRESIDING OFFICER. The Sen- me—35 percent out of whatever you probably taken enough. Should I take ator’s time has expired. earn going to the Federal Government 39.6 percent because somebody makes Mr. GRAHAM. May I have 5 more as the top rate. Should it be more? too much? If you let the Government minutes? Should it be less? Well, 35 percent, to do that, I think you are letting the Mr. CONRAD. Yes. me, is more than a gracious plenty to Government get out of line and out of Mr. GRAHAM. What I am trying to be sending to the Federal Government control. do is offer an amendment that will pre- because most people have to pay taxes And it is just not the people who serve current law so in 3 years, in the at other levels of government. make a lot of money whom I am wor- case of the death tax, and 2 years, we Now, in 2011, if we do nothing, the 35- ried about; it is people who are work- don’t hit people with a tax increase, at percent rate goes to 39.6; the 33-percent ing for every dollar they can get to a time when we don’t need to be raising rate goes to 36; the 28-percent rate goes grow their business and pay the fami- taxes, at a time that we live in a global to 31; and the 25-percent rate goes to 28. lies’ bills that I worry about. economy. If you ask a variety of Americans— As I said, the amendment I am trying When it comes to the death tax, one and this has been true for 10, 15, 20 to offer to the Senate will keep rates at in three small business owners is never years—what is a fair amount for an 35, 33, 28 and 25 and not go to 39.6, 36, able to pass their business on to the American to pay to the Federal Gov- 31, and 28. If we don’t pass this amend- next generation because, when they

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1857 die, the assets are evaluated in such a Mr. REID. Madam President, there in 2005. Of these, about 11 million had way that people have to break up the will be no more rollcall votes tonight. gross incomes between $100,000 and business to pay the taxes or they have There has been tremendously good de- $200,000. That leaves 3.5 million tax- to sell the family farm. bate. We have had few, if any, quorum payers—no more than 2 percent—with That is not what we need to be doing calls all day long. It has been a good an income above $200,000. These in America. That is not fair. The cap- and productive debate. The two man- wealthy few are paying an extraor- ital gains taxes are at 15 percent under agers are working through the amend- dinary 50.1 percent of all Federal tax current law. In 2011, they go to 20 per- ments. An amendment has been laid revenues. But even if you taxed away cent. There are over 9 million families down on both sides. We are making half of their income, the additional and individuals who will claim capital good progress. Hopefully, tomorrow we revenue would not add up to enough to gains, and if this amendment doesn’t will make even more progress. I appre- balance the budget and pay for pro- pass and we don’t do something about ciate the good work of the managers of grams in mandatory spending this this, there are going to be 9 million the bill. budget resolution assumes over the families hit by a tax increase out The PRESIDING OFFICER. The Sen- long term. there, at a time when our economy ator from Kentucky is recognized for 10 The idea that money can be found in needs more money in the private sec- minutes. a mythical source of funding called the tor, not in Washington. Mr. BUNNING. Madam President, I tax gap is unlikely as well. The chair- As to dividends, there are a lot of wish to speak today as a member of the man of the Budget Committee repeat- people in this country—24 million fam- Senate Budget Committee. I had hoped edly has noted that the IRS estimate of ilies and individuals—who receive divi- the budget that was presented before the gross tax gap is close to $345 billion dend income. Under current law, it is the committee last week was going to per year. However, the idea that any- taxed at 15 percent. In 2011, the divi- be fiscally responsible and would help where near this amount of money can dends go back to regular income tax to address the mounting financial prob- be raised by closing the tax gap is sim- rates—a dramatic increase. lems families face today, problems ply an illusion. It is nothing more than What does that mean? That means such as the rising cost of filling up a a figleaf meant to conceal the intent of owning stock becomes less attractive. tank of gas, increased expenses for spending beyond the means of the Fed- There will be less people buying stock health care, and declining equity in the eral Government. and receiving dividends from pur- family home. Instead, this budget be- The truth is, we are not really seri- chasing stock. That means people who fore us assumes Congress will allow the ous about this, and the proof is that we are trying to create a company or ex- largest irresponsible tax increase in do not have a proposed penny more in pand their business will have to borrow the history of the United States to go this budget for the IRS than the Presi- the money from a bank, rather than into effect. At $1.2 trillion, it would be dent does in his budget. It would be dif- getting investors from the market, and the largest tax increase in history, and ficult to drive the long-term history that will create more debt on top of taxes would go up $2,300 on 43 million level of voluntary compliance from 85 what is already a debt-laden country. American families, $2,200 more on 18 percent, where it is now, to nearly 100 As to small business expensing, under million senior citizens, and $4,100 more percent in order to tap into this myth- current law, firms may expense up to on small businesses. Because of this, I ical source of funding because that is $250,000 of qualified assets of property was not able to support the budget res- what it would take to raise $345 billion they place in service in 2008. In 2011, olution in committee, and I will be per year. But it is hard to see how it the expensing allowance is scheduled to forced to vote against it here unless can be done without a vast increase in revert to $25,000. By being able to ex- some drastic changes are made. the size of the IRS. pense, from a tax point of view, the This tax increase will hit family We also need to pass a budget that purchase of assets, you are able to budgets hard. Let me tell my col- includes the necessary funding to help grow your business, and it makes it at- leagues what $2,300 means to most us stop our addiction to foreign oil. tractive to expand your business. American families. The family budg- In 2005, Congress enacted a com- If we don’t pass my amendment, in et—and we are talking about groceries prehensive national energy plan—the 2011, that $250,000 allowance goes down now—$2,300 is enough to buy 8 months first step toward energy independence. to $25,000. My amendment reflects a of groceries. Next, we have the bills for Nevertheless, this year has been a dif- Tax Code that is very generous to the gas and electric for heating; $2,300 a ficult year for Americans facing much Federal Government but is still bur- year is enough for 43 million American higher energy costs. The policies we densome on families and businesses. families to buy enough gas and electric enacted in 2005 needed to be backed up But to let it get worse, at a time when for 1 year’s heating. It is almost with Federal funding in the budget, but we are competing in a global economy, enough money for American families this budget resolution fails to address and try to pit one group of Americans with two cars to buy gasoline at $3.20 a important alternative-fuel tech- against another, at a time when we are gallon for unleaded regular for almost nologies and other oil replacements. trying to put our best foot forward as a an entire year. We should not, at this One of our top priorities should be on nation under a stressful business cli- time, be placing more of a burden on our most abundant domestic fossil fuel: mate, is ill advised. the American people with a huge tax coal. New technologies will make burn- If you think America is undertaxed, increase. Instead, we need to pass a ing coal both cheaper and more effi- then vote no. If you think we have budget that includes progrowth poli- cient. We are even developing coal-to- taken a gracious plenty from business cies to help balance the family budget. liquid technology that can create a and families, then vote yes. If we don’t This budget proposal increases spend- synthetic transportation fuel from make these tax cuts permanent in 2013, ing by $210 billion in discretionary coal. American coal reserves will be we are going to drive people offshore spending—an increase of over 9 percent our best tool to overcome our reliance and create less jobs, not more; we are of what we spent in fiscal year 2008. on Middle Eastern oil. going to tax people who are struggling Under this budget, we will see a $2 tril- I have three amendments I wish to to make it as it is; and it will all be lion increase in the debt of the United propose to this budget resolution. under the idea of fairness. It is unfair States by 2013. That is more than $6,000 First, I wish to offer an amendment to not pass my amendment. in extra debt for each and every Amer- that will repeal the unfair tax Congress I think it would be incredibly short- ican citizen. enacted in 1993. I have brought this sighted not to pass my amendment and At $3.08 trillion, this budget resolu- issue before the Chamber before, so it make these tax cuts permanent that tion calls for $10,165 of spending for should be familiar to many of my col- would allow Americans to keep jobs every man, woman, and child in Amer- leagues. In fact, the Senate adopted a and grow jobs and pay the bills they ica—all 300 million of us. But there are very similar amendment by unanimous are struggling to pay right now. only about 130 million taxpayers who consent last year, and it passed by a re- I yield the floor. file an income tax return. Of those 130 corded vote 2 years earlier. The PRESIDING OFFICER. The ma- million, only about 14 million had an When the Social Security Program jority leader is recognized. average income liability of over $10,000 was created, benefits were not taxed. In

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1858 CONGRESSIONAL RECORD — SENATE March 11, 2008 1983, Congress decided that half the begin to decline. Each year, we are more than 40 years, has decided to re- benefits of some seniors should be sub- going to have a problem, and by the sign his post in part, apparently, be- ject to taxation and in 1993 raised that year 2044, we will be paying 72 percent cause of his concerns about some of the amount to 85 percent of the Social Se- of the assigned benefits right now on administration’s policies. curity benefits. Today, more than 15 our Social Security unless we address I know a little something about re- million seniors are affected by that the Social Security spending in our signing. I resigned my position when I taxation of benefits. In 1993, the tax current general budget. was Secretary of the Navy when I was was intended to reach only wealthy I thank the Chair. unable to support some dramatic re- seniors by the income levels which The PRESIDING OFFICER. The Sen- ductions in the Navy shipbuilding pro- were set at $34,000 for a single and ator from North Dakota. gram. Those are not easy decisions to $44,000 per couple. This is hardly Mr. CONRAD. Mr. President, I thank, make. I would also point out that this wealthy today. once again, the Senator from Kentucky administration is not an administra- My amendment is fairly simple. It for his courtesy. tion that has tolerated dissent from drops the tax back to the pre-1993 lev- At this point, I wish to offer a unani- our military leaders or, for that mat- els, and it is paid for by an offset of $89 mous-consent request that we have ter, is not an administration that has billion over 5 years by an adjustment worked on both sides that would be been very willing to seek advice from in function 920. Over $300 billion in po- this: From 5:20 p.m. to 6:20 p.m. will be our military leaders, our senior mili- tential savings on Government pro- the time for the Joint Economic Com- tary leaders, particularly when that grams over the next 5 years has been mittee; the first 5 minutes of that advice is not in strict accordance with identified by the inspectors general re- time—is that sufficient for the Sen- its own political views. port and the CBO options report. And it ator? It should be pointed out that Admiral is my hope that the committees of ju- Mr. WEBB. That will be sufficient. Fallon, who is the commander of Cen- risdiction will review wasteful Govern- Mr. CONRAD. The first 5 minutes tral Command, which is the over- ment spending to offset the repeal of will go to Senator WEBB, then come arching command that also includes this tax increase on America’s seniors. back to, for the next 30 minutes, Sen- Iraq, is now the third CENTCOM com- It was unfair then when it was enacted, ator BROWNBACK, then come back to mander in recent history to have had and we need to repeal it now. I urge my this side for the final 25 minutes of JEC at least some form of concerns about colleagues to support this amendment. time; then at 6:20 p.m., to go to Sen- policies in that region. ator DORGAN from 6:20 p.m. to 6:35 p.m.; The second amendment I plan to Before we invaded Iraq, GEN Tony to Senator HATCH from 6:35 p.m. to 6:50 offer, together with Senator BEN NEL- Zinni, Marine Corps general, former p.m.; to Senator CONRAD or his des- SON of Nebraska and Senator DEMINT, CENTCOM commander, spoke out ignee from 6:50 p.m. to 7 p.m.; to Sen- will make room in the budget to per- strongly against invading Iraq, as did ator COBURN or Senator GREGG’s des- manently extend the tax incentives for GEN Joe Hoare, former CENTCOM ignee from 7 p.m. to 7:15 p.m.; and to adoption that we enacted in 2001. This commander. So I think we need to see Senator BROWN from 7:15 p.m. to 7:30 is a critical kitchen-table, family- a greater willingness among our polit- p.m. budget issue for many middle-income ical process to listen to the views of The PRESIDING OFFICER. Is there families in Kentucky and across the people who have had long service and objection? country who are contemplating the who have concerns about where this Mr. BROWNBACK. Mr. President, re- adoption of a young child or facing country is going. serving the right to object, and I will costs of adoption. By helping to ease There are too many people who have this financial burden, we can encourage not object, I know we need to move ev- erything back 10 minutes because we been involved at the top levels in the the development of more stable fami- Pentagon who tend to believe that Iraq lies and provide a brighter future for were supposed to start at 5:20 p.m. and we are already 10 minutes past that is something of an island, that you can thousands of children. separate what is going on in Iraq from This important goal prompted us to time. So if we move everything 10 min- other issues that are affecting the en- act in 2001 when we passed these impor- utes back— tire region. This is a region that is in tant adoption incentives in the form of Mr. CONRAD. The Senator makes a chaos, all the way from Lebanon to tax credits. In 2005 alone, 85,000 fami- good point; if we can adjust all those Pakistan, as we well know. We need lies, 77 percent with an adjusted gross times to 10 minutes later. the advice, the contributions of global income of under $100,000, claimed $319.5 The PRESIDING OFFICER. Without thinkers. million in adoption credits. objection, it is so ordered. The PRESIDING OFFICER (Mr. Mr. CONRAD. Mr. President, that Admiral Fallon was one of them, Ad- miral Mullen is another, people who WHITEHOUSE). The Senator’s time has means we now go to Senator WEBB for expired. 5 minutes. bring another sort of strategic perspec- Mr. BUNNING. Mr. President, I The PRESIDING OFFICER. The Sen- tive into this debate. I am profoundly would like to mention the last one, and ator from Virginia. concerned that Admiral Fallon has de- I will be finished. I ask for 1 additional The PRESIDING OFFICER. The Sen- cided to take this measure, and I am minute. ator from Virginia is recognized. hoping that we can hear from him in a The PRESIDING OFFICER. Without Mr. WEBB. Mr. President, I appre- more specific way in the future. objection, it is so ordered. ciate the chairman allowing me to In fact, I would point out that I re- Mr. BUNNING. Mr. President, last speak and also I appreciate the Senator cently signed two letters on January year the Joint Committee on Taxation from Kansas allowing me to speak 17, one to Chairman LEVIN of the scored the cost of my bill, the Adoption briefly before he does. Armed Services Committee and an- Tax Relief Guarantee Act, at $4.5 bil- I want to express my support for the other to Senator BIDEN of the Foreign lion over 10 years. provisions in this budget that go to the Relations Committee, both of which I The last amendment I wish to discuss veterans programs. I want to deal with sit on as a member, asking specifically will require the budget resolution to that in a minute. that they invite Admiral Fallon, balance the Federal budget without So- First, I would like to point out to among others, to testify in consonance cial Security taxes. For too long, we this body that this afternoon, ADM with General Petraeus’s testimony have been relying on payroll taxes to William Fallon, who is the commander coming up this year. pay for general Government spending. of Central Command, resigned his posi- I was saying last September that it As we all know, 2017 is the year in tion. We are not sure exactly how this was an error, I believe, only to focus on which Social Security obligations is going to affect the administration’s what General Petraeus was saying in begin to equal payroll tax contribu- policies or Admiral Fallon’s long-term the stovepipe of Iraq rather than to tions, but our problems are likely to willingness to express his views on ad- hear these strategic thinkers talking emerge much sooner. ministration policies, but I want to ex- about the region at large. So I hope we In 2011, payroll tax contributions to press my own regret that Admiral can do that in some greater detail in the Social Security trust fund will Fallon, who has served our country the near future.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1859 Again, I want to express my profound with, I thought it was a useful thing time to be talking about tax increases. appreciation for the service that Admi- for us to discuss. I think we ought also Just on a basic level, you would look at ral Fallon has given our country. to look at that as not in a vacuum, that and say: If you have a slowing With respect to the veterans provi- given potential large impacts if the economy, is that the time to raise sions in this budget, we on this side United States pulls out of Iraq and Af- taxes? And I think most people, if you have put more money into it. We have ghanistan and pulls back from engage- ask them, they would say: No, that is listened to the joint opinions of our ment on the global war on terrorism. It the time you cut tax rates to try to major veterans groups. A big part of can have a huge impact on our econ- stimulate economic growth. this is the GI bill, which I introduced omy, in many ways unmeasurable, and Yet this Democratic budget provides my first day in office. We now have 49 in a lot of ways difficult to predict. just the opposite, a very large tax in- cosponsors on this bill which will give But the impact is enormous. I think crease, raising taxes by $1.2 trillion, those people who have been serving we have to look at this and say: We the largest tax hike ever. That is not since 9/11 the same level of benefits as need to stay in this. We need to be able something you want to do when the those who came back in World War II. to get this done. That stability has a economy is slowing. It goes against On the one hand, we hear so many clear, positive impact on the environ- economic fundamentals. But it also people, particularly in this administra- ment. And a change toward a more sta- shows the fundamental impact of the tion, talking about how these who have ble environment in the Middle East and Federal budget on the overall economy. been serving since 9/11 are the next toward a democratic process in Iraq This tax increase will be wide and deep, ‘‘greatest generation,’’ and on the and Afghanistan over a lengthy period affecting nearly 116 million Americans, other, this administration itself seems of time has a very positive impact on millions of American families, includ- to oppose giving our veterans of this the global economy and ultimately on ing seniors who will owe thousands of time period the same benefits we gave the U.S. economy. I do not think we dollars more to pay for more and more those who served during World War II— can discount those features. While Government. And, yes, this budget projects to a GI bill that literally transformed no- members of the Joint Economic Com- make the Federal Government even tions of class and privilege in the mittee on the other side of the aisle larger and more intrusive. Not satisfied United States. prefer to look only at economic costs I would remind my colleagues that associated with wars, there are clearly in the Democrat’s last budget with a $205 billion 5-year discretionary spend- for every dollar in tax remuneration benefits derived from National secu- ing increase; this 2009 Democrat budget that was paid on the World War II GI rity, which they should not ignore. will increase spending by $210 billion bill, we received $7 in tax benefits be- I wanted to talk about now the budg- over 5 years in this budget. Of course, cause of the way they were able to ad- et proposal in a couple of ways. I would this will lead to more and more debt vance their careers. like to speak first about the impact of that will pile up on top of more and I yield the floor. tax-and-spend proposals that are too Mr. CONRAD. Mr. President, we wish much of a feature in the overall budget more spending. I think the second major short- to amend the previous unanimous con- put forward by the Democratic major- coming of the budget proposal put for- sent agreement to provide that Senator ity in the Senate. I appreciate the ward by the majority is the failure to BROWNBACK finish his presentation on work by those who constructed the budget. I recognize the difficulty of confront the need for entitlement re- JEC by 6:05, from 6:05 to 6:30, that it be form. Now this is something we have the JEC Democratic time; from 6:30 to crafting a budget. But I think there are some funda- been talking about for some period of 6:45, Senator HATCH be recognized; from mental flaws that exist in the Demo- time. I stand ready, and I hope a lot of 6:45 to 7:15, Senator COBURN be recog- crat’s budget that if not addressed, or my colleagues do, to go at, on a joint, nized; from 7:15 to 7:30, Senator BROWN if addressed in the way that the Demo- bipartisan basis, entitlement reform. be recognized; and that there also be an cratic majority puts forward, are going We have talked about it a lot. I am opportunity for Senator COBURN to to have fundamentally negative im- going to show charts on this. But the continue after Senator BROWN, if he pacts near term and long term on the entitlement plans are going to eat up should desire; and that at the end of U.S. economy and on our opportunities the entire budget. We will go through that time, both sides would yield back and our hope for the future. the specifics, but it is clearly an an additional 5 hours each off the reso- I think as a premise that we need to unsustainable system that we are in lution. look at the United States as a place for right now. The PRESIDING OFFICER. Without a growth platform. We need to look at Like in most problems, the earlier objection, it is so ordered. how we can grow the economic activ- you deal with it the more options you The PRESIDING OFFICER. The Sen- ity, increase the freedom for our people have to deal with it. And the earlier ator from Kansas is recognized. and the population overall, provide for you deal with it the more likely it will Mr. BROWNBACK. Senator WEBB and everybody, and in that process grow be that you successfully deal with it. I are involved in the Joint Economic and provide more opportunities for peo- And the earlier you deal with it the Committee’s time. Under the Budget ple here and for us in our future and fu- less pain there will be over a period of rules, we get a certain amount of time ture generations. time, than if you deal with it later. to talk about the impact of the budget If we go the way the Democratic ma- These problems with entitlement on the overall economy. That is what I jority is putting forward in this budg- promises that are unsustainable are intend to do. et, we are going to see increased taxes, the same. If we can come together, on I think it is also important to do this we are going to see increased spending a bipartisan basis now, start an entitle- because, obviously, the budget does not of a substantial nature. We are not ment reform, A, the country would happen in a vacuum, and the size of the going to deal with the entitlement cri- cheer that we would do it; B, we would Federal budget and its impact on the sis we are already in, and we are not have more options; C, it would be more economy is so profound that I think we going to be able to provide for opportu- successful; D, it would be less painful. need to spend quite a bit of time, a lot nities in our future. That is the way we need to go at it in more than just an hour’s time, about There are fundamental choices that dealing with our entitlement reforms. what impact the Federal budget has on people need to make and I will articu- But in the Democrats’ fiscal year 2009 our overall economy. late these and I will go through them budget, we see that they are again The things we do, it is impacting the specifically. Our economy is currently wishing to ignore this pressing problem overall economy. I appreciate Senators experiencing a significant slowdown as- associated with entitlement spending. Webb’s comments about the military sociated with the subprime mortgage So I wanted to take a look now at some actions. We actually have held a Joint meltdown, difficulties in financial mar- of these problems and put a few charts Economic Committee hearing on the kets, and certainly a slowing in our up in front of people I think they are impact of the war in Iraq, in Afghani- housing markets, which includes rising familiar with, but they remind us of stan, on our overall economy. foreclosures. the magnitude and the growing near- While I certainly dispute some of With that backdrop, though, now ness of this problem of entitlement what the economists came forward would seem to be exactly the wrong programs.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1860 CONGRESSIONAL RECORD — SENATE March 11, 2008 If you look at the red line on this drive these costs up even more than 2009 budget promises to impose the first chart, you see that total primary this chart projects. largest tax increase in the history of spending is projected by the CBO, Con- I want to see those things developed this Nation on American families and gressional Budget Office, a nonpartisan further as far as the technology and does this at precisely the wrong time, office, to rise from its current level of the ability. I was out at the National when the economy is struggling. This 18 percent of GDP to more than 30 per- Institutes of Health this morning look- will be the largest tax hike ever, cent at the end of this chart, 2082, a ing at some of the things they are amounting to an additional $3,135 in long ways out there, but it shows you working on at the National Institute of taxes each year for every household, clearly where the trend line goes under Mental Health, understanding the mind over $3,100 a year increase in household the current entitlement programs. and how it works. Fantastic. taxes at exactly the time when people Those are not adjustments to entitle- I want us to continue to fund that. are getting concerned about economic ment programs, those are current enti- That is going to probably drive this activity. Just when we did the stim- tlement programs. Yes, Federal spend- line up even higher. That may be the ulus, we raise taxes. ing is projected to rise to over 30 per- nature of where we are. We do not want I want to take up the theme of the cent of our Nation’s GDP, under our to stop that funding. But then you see impact on our economy of this budget. current set of entitlement promises. how dramatic and important it is to That is the role of the Joint Economic The second chart shows that the address this piece of it, the health care Committee, and that is why they have longer we wait to address the piece of it now, and to begin to address been given a period of time to com- unsustainable nature of promises in it at this point in time. ment on this, because this has such a our entitlement programs, which this Net Federal spending on Medicare profound impact. Democratic budget totally ignores, the and Medicaid now accounts for about 4 Now I want to talk about the impact bigger will be the pain. percent of GDP. CBO projects, given of raising taxes at this point in time on Now, here you can see reductions in current entitlement promises and not the overall economy. I have talked spending that would be necessary to these major changes I am talking about entitlement programs, the fail- solve our entitlement crisis. For exam- about, that spending will grow to al- ure to address those, the long-term ple, if we were to address our fiscal most 20 percent of GDP in the pro- pain that is associated with that, and problems solely by cutting Federal jected time period here of 2082. A long the additional pain by putting it off on spending starting this year, we would time now, still the trend line is known a longer basis. Now what about the im- need an across-the-board spending cut and knowable and we should use the pact of raising taxes at this point in of close to 7 percent. If we wait until ability to deal with it more now than time on our economy and who is going 2020, we would have to cut spending putting that off until later on. So to pay those increased taxes? The across the board by 9 percent. To wait spending on Medicare and Medicaid Democratic majority’s budget will until 2040, you have to do it by 15 per- alone, according to the projections on raise taxes on at least 116 million cent. this chart, will use up the entire his- Americans. It is not just on the rich, That is my point; that is, the sooner toric norms for tax collection and be- unless there are 116 million people cat- you start to work on these things the yond. egorized as that in the United States. less pain you have to have in the proc- But Medicare and Medicaid are not It will tax the hard-earned income and ess, and the more likely it is that you the only entitlement programs. The retirement benefits of millions of are going to be successful in getting next chart shows Social Security American families and seniors to pay this done. These are dramatic spending spending as a share of GDP in the past for larger and larger government rath- cuts. But what if we can get started and spending projections for the future. er than reform. I think what people now and on a bipartisan basis, just While spending for Social Security ben- want to see is, you guys are going to going on a slight level and give people efits has been between 4 and 4.5 percent operate within the amount that you time to prepare for adjustments that of GDP for the past couple of decades, have and reform the system. Reform will surely have to be made? it is projected to rise significantly to 6 what you have, don’t tax and spend. You still get a much larger impact if percent over the length of this chart’s Let’s leave taxes where they are or you don’t fix the unsustainable nature projection, not near the growth of enti- make them lower so we can grow the of our entitlement promises now, and tlement programs, but still showing a economy more and then reform the instead wait longer. The longer we ig- significant 50 percent rise. If you add system within rather than just adding nore the unsustainable nature of enti- the 20 percent of GDP accounted for by and adding and adding. tlement promises, the bigger will be Federal promises for Medicare and The majority would have you believe the pain associated with bringing the Medicaid, 6 percent for Social Security that they will offer amendments to Nation back to a sustainable fiscal benefits, you see that the Federal Gov- make the middle-class parts of the tax course. ernment has already promised over 25 reductions permanent. They are not in- Now, this is a commonsense proposal. percent of our total yearly output to cluding any teeth in that budget You would say: Of course, then, I entitlement spending. This only counts amendment, and we will almost cer- should deal with that now. We are of- promised entitlement spending right tainly not see legislation to accom- fering to do it on a bipartisan basis. now. As I mentioned previously, our plish that extension in this Congress. The chairman of the Budget Com- historical norm for the amount of tax It is just empty promises. Democrats mittee from the majority claims that collection that our society gives and complain that the tax relief measures the task force he and Senator GREGG puts into the Federal Government is of 2001 and 2003 primarily benefitted wish to form to study the entitlement about 20 percent. If you get above that, the wealthy. Let’s go through a couple programs is the only way to deal with people really start to yell. So we are of charts to look at that claim and see the problems. I am a cosponsor. I would already above that in the promises who is paying these tax increases or sponsor legislation to do this. But that made in three entitlement programs. paying and receiving the tax relief of in no way mitigates the need to get And that takes into account nothing 2001 and 2003 and who would pay, if started as soon as we can to reform en- for the military, for schools, for other what the majority is putting forward is titlements now. Why wait for a task social programs, for infrastructure, for enacted, the tax increases. force to form? I think we need to get unemployment, or for any discre- As shown by the changes in the share started on this now. tionary spending. of total Federal tax liability by income To see how severe problems associ- The Democratic majority seems to group on the chart, the percentage of ated with the entitlement program want to focus on one route here, and all taxes paid by the top income group promises are, consider the next chart that is tax and spend. The Democratic has increased since the tax relief meas- which shows CBO’s projection of health majority, unfortunately, has chosen in ures were enacted, and the share of care spending. Now, here is the big one their budget to ignore our Nation’s taxes paid by the bottom four income that eats us up. We know this. We have looming fiscal crisis that is sure to groups has declined. I think this tells a got fabulous things going in the health come from the unsustainable nature of dramatic and different story than what care field that probably are going to entitlement programs. This fiscal year we hear a lot of times in the rhetoric.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1861 Where you look at the various income creases in taxes by income levels the BRAC Commission provided for a categories, the lowest 20-percent in- shows. I wanted to show you this one. process to close military bases. Before come category, next 20, next 20 up, and Low- and middle-income families will we had BRAC, it was impossible to on up, and then we put a block here be the hardest hit by the scheduled tax close a military base. Any time you showing the top 1 percent income cat- increases that will occur in 2011. These wanted to close one, the people in that egory. My point of showing this is on families benefitted the most from a re- district, that State would fight you. your bottom four income categories, duction in the bottom tax rate, from You would never get any of them the lowest 20 percent earners under the the child tax credit and marriage pen- closed. We put together this BRAC changes in Federal tax liabilities 2000 alty relief contained in the 2001, 2003 process. They came up with a list of to 2005, this is the 2001 and 2003 tax tax relief measures. If the tax relief bases to close, and then they presented cuts, the greatest beneficiaries under measures of 2001 and 2003 are not made it to Congress. Congress got one vote those tax cuts were the lowest income permanent, families with $50,000 in in- up or down, close all of them, keep all categories. The biggest beneficiary come will see their tax bills rise by 261 of them, deal, no deal. Through that under those tax cuts was the bottom 20 percent in 2011. system, we have now saved the Federal percent. That is as it should be. The On the other hand, families with taxpayer over $65 billion from that lowest income category should have $500,000 or more in income will experi- process of closing military bases and the biggest impact, the most positive ence a 12- to 13-percent rise in their consolidating them in a few areas, impact. You are seeing that in then the taxes. Is that what you want for a working toward greater efficiencies. It next lowest 20 percent, the bottom 40 structure of tax increases, putting the has been very successful. percent here, then the 60, and then the largest hikes on the lowest earning What we need to do now as a part of 80 percent of lowest incomes. families and the smallest hikes on the the Federal budget is take that to the Now you look at the top 20 percent upper earners? I don’t think that is the rest of the Government so we can close earners, they pay an increase as a per- way you want to structure tax in- Federal programs that are no longer centage of the Federal budget of taxes creases. I don’t think that is the way working. under these tax cuts in 2001 and 2003. the American public would want to see I want to show you this report card And your top 1 percent is up 8.2 percent that structured. I don’t think the of how successful is the Federal Gov- in terms of what they pay as their American people would want to see any ernment. This is the Federal Govern- share of Federal taxes. tax increases. The average household ment report card, and this is done as a My point in saying this is, these tax will pay an additional $1,833 under the scoring by Federal agencies, where cuts have worked as they should have. Democrat’s plan. Many will have their they score the effectiveness of various They have cut the overall tax rate for taxes rise by even more. Seniors, fami- programs for hitting their intended individuals, and particularly for lower lies with children will pay an addi- target when they were started and for income individuals. They have stimu- tional $2,000 or more. Married couples the budget they have been given. I lated the economy, and they have will pay an additional $3,000. Small want to note that if you gave a GPA to shifted the tax burden to the higher business owners will have their tax the Federal Government on accom- end of the income distribution. When bills rise by more than $4,000. plishments that it does with the money you say tax cuts for the rich, your real- Another shortcoming in this budget it has been given, the overall grade ly should be talking about tax cuts for is the failure to adequately address the point average that the Federal Govern- most Americans and the percentage growing burden that the AMT will ment gets is a 1.14 out of a 4.0 GPA. they pay. This is as it should be. This place on many middle-income families. Now, that is not very good. is how it was designed. So when people Although the AMT was enacted ini- What happens—everybody knows this say we have done these tax cuts for the tially to prevent millionaires from is what takes place—we get a program rich, we are not going to extend them, avoiding taxes altogether, it will soon started, it gets funded, and it is never does this chart show tax cuts for the ironically affect a greater percentage ended. It may be completely successful rich? I think it shows tax cuts pri- of middle-income married couples with and all is accomplished, but the pro- marily benefitting the lower 80 percent children than millionaires. Let me gram continues because we do not do of wage earners and having a burden show this chart, the ones it is going to any sort of culling process at all. Then shifting to the top 20 percent of income impact. we want to do something new, but wait earners. That is the design it should This says, middle-income married a minute, we did not do away with the have. It has grown the economy over- couples with kids will be more likely old. all. It has been the way we should go. than millionaires to pay the AMT in The BRAC process we are talking Yes, despite the tax relief measures 2010. Here is your married couples with about putting on the rest of Govern- that many tout as tax cuts for the kids, AGI of $75,000 to $100,000, 89 per- ment—this CARFA Commission— wealthy, the share of taxes paid by the cent will be in the AMT; millionaires, would put that process on the rest of top 10 percent of income earners rose 39 percent will be in the AMT. The Government and I think dramatically more quickly than during previous pe- AMT needs to go. I think we should go improve this GPA because now you riods, including periods with higher top and offer an optional flat tax for the start getting rid of programs that are marginal tax rates. According to the overall Tax Code and do away with the no longer effective, just like when we most recent data, the share of all Fed- AMT altogether. You can see its dis- had military bases that were in places eral income taxes paid by the top 10 proportionate negative impact on fami- that were there because of maybe the percent has reached an all-time high of lies, not hitting its target and having Spanish American War or the early 73 percent. Let me say that again. Ac- an overall very negative impact on the wars in this country—completely out cording to the most recent data, the economy. of position, no longer necessary but share of all Federal income taxes paid Given the time I have left, I want to sustained because they had supporters by the top 10 percent has reached an talk about a proposal we are going to in the system, even though they were all-time high of 73 percent. You can see put up in this budget and it is a bill on not being effective. the trend line of what is taking place the CARFA commission, the Com- Well, imagine if you take that sys- from 1979; the top 10 percent of income mittee on Accountability and Review tem of protection and nonculling and earners, 1979, the percentage of income of Federal Agencies. It is something we apply it to the rest of Government. taxes paid was below 50 percent. In have talked about before and we have How many programs do we have that 2000, 68 percent; now it is all the way had it up as a proposal in the Congress. we have created over the 200-plus-year up to 73 percent, as it should be. I have had it up as a proposal and I history of the country, and we have Democrats talk about raising taxes have had a number of cosponsors. On never done away with any of them? We on the wealthy, but fail to mention the current CARFA bill, we have 24 co- have not even adequately evaluated that not extending the tax relief meas- sponsors. I hope it will be a bill that their effectiveness. You can see why we ures of 2001 and 2003 will result in huge my colleagues in the majority will would be able to improve the govern- tax increases for all Americans, as this look at and support. It is built on the ment’s GPA score and be able to have chart displaying average percent in- BRAC Commission. I would note that more money to put in higher priority

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1862 CONGRESSIONAL RECORD — SENATE March 11, 2008 areas, such as the National Institutes actly the wrong time. You do not need many families are living through right of Health, where I would like to do a to increase taxes, I think, at any time now; and then, finally, to summarize war on cancer; or the things we need to because of the scale of taxes. But when very briefly some of the Democratic do for infrastructure in the country. you have a slowing economy, it is the proposals and how they compare to the Yet we have never been able to elimi- absolute wrong time to raise taxes. The President’s budget. nate any spending. Democrat’s budget also does not deal But I wish to start first with our fis- Here is a systems approach, under with reform of the AMT, the alter- cal situation. And I wish to thank Na- my proposal, that has worked in an- native minimum tax, which it should. than Steinwald, who is with us, who is other area, that has been key, that has It raises taxes on lower income individ- not only helping with getting the right produced $65 billion in savings, that we uals in this society and in our econ- chart up but also has done a lot of need to take to the rest of Govern- omy, not on upper income individuals. work on our staff to prepare us for ment. Again, it does have tax increase at ex- these budget debates. So one of the amendments I will be actly the wrong time. And it does not The first chart sets forth the deficit putting forward is asking for the estab- include things such as fundamental as it has taken hold over time. It starts lishment of this CARFA Commission— spending reform through a CARFA on the far left corner, with that green Commission on Budgetary Account- type of process we used in the military bar, which starts at the year 2001, the ability and Review of Federal Agen- base BRAC system before. first year of President Bush’s adminis- cies—that will provide a list—a group Because of these failures of big-tick- tration. That is his first year. There on an annual basis—of programs that et, overarching items, this is the wrong was $128 billion in surplus in his first should be eliminated and give Congress budget at the wrong time that will year. I would argue that is a surplus then one vote, up or down: agree or dis- have a negative impact on our overall that was left over from the prior ad- agree whether to eliminate this whole economy. It will have a profoundly ministration. group or to keep the whole group. negative impact on our overall econ- But then you go into the 6 years after I think that is something we need to omy. It is not the right medicine of that, where we have data set forth and do overall. It ought to be something we what we need to move forward. For us depicted on this chart showing the defi- can come together on, on both sides of to grow this economy at this point in cits since President Bush has been in the aisle. I would note that in traveling time, we need lower taxes, not higher office from 2002 to 2007—$158 billion in across this country and talking with taxes. For us to grow this economy and deficit; $378 billion in deficit; the larg- people, one of the big things the Amer- provide for our future, we need entitle- est deficit, $413 billion, in 2004; it re- ican public wants to see us do is get to- ment reform now. We also need to be duced somewhat to $318 billion in 2005. gether and get something done on able to get at our wasteful spending in It had been reduced and went down to something that is significant to them. the Government. We need to adjust our $162 billion last year. But then here is One of those things is that we would systems to be able to do that. Those where we begin to get into trouble be much more responsible to the Fed- are reforms that if we did them now— again. The projected deficit, as it is set eral taxpayers as to what we are spend- and did them at this point in time—we forth in President Bush’s budget: $410 ing their money on. If we can become could have a much brighter and sus- billion is a projection for 2008; for 2009, more responsible on that and work tained future. This budget does not it is $407 billion. across the aisle and they could see Fed- provide for those. For those reasons, I So we go from a surplus, when he eral programs that are being elimi- will be opposing this budget. came into office, far into deficit. Just nated because they are no longer effec- Mr. President, I yield the floor and when you think we are crawling out of tive or they are wasteful—and then reserve any time I have on the Repub- it, because of his proposal—if we en- they would actually see that taking lican side for the JEC. acted his budget—we are going to go place—I think people would then trust The PRESIDING OFFICER (Mr. back into almost record deficit. You us more with taxpayer dollars rather MENENDEZ). The Senator from Pennsyl- can see they are almost at the record than not trusting us with taxpayer dol- vania. level of $413 billion. So that is a big lars. If we can show them that, they Mr. CASEY. Mr. President, I ask problem. That chart alone is evidence would see us doing it on a bipartisan unanimous consent that I be permitted to tell us we should not adopt Presi- basis. to speak for up to 15 minutes within dent Bush’s budget. This is something for which the out- the time allocated for the Joint Eco- So let’s go to the next chart, which come is certainly not stacked. This is nomic Committee on the floor. focuses not on deficit but on debt. Un- something that both sides could sup- The PRESIDING OFFICER. Is there fortunately, this chart tells us even port as a process because we have in objection? more. This is bad news. I will try to get the past. We could finally see some- Without objection, it is so ordered. to good news as soon as I can, but I thing starting to take place in elimi- Mr. CASEY. Mr. President, thank think it is important to set forth where nating waste, fraud, and abuse in the you very much. we have been, where we are, and where Federal Government. Everybody is op- I wish to, first of all, start my pres- we are going. This is the debt of the posed to waste, fraud, and abuse in this entation today with an overarching United States: $5.8 trillion—that is body—everybody. Yet it continues be- commendation of the work of the what the T means—in 2001, the first cause the system is built to spend, it is Budget Committee and, in particular, year of President Bush’s administra- not built to save, it is not built to re- Chairman KENT CONRAD, who worked, tion. As if it were ascending steps to an duce. We have a system that is built to as he always does, along with the mem- unknown height, step after step after save and reduce, and it is called that bers of his committee from both par- step going up, the debt number is in- BRAC system in the context of mili- ties who have worked very hard on this creasing year after year after year. tary bases. Then that saved money is budget. So we keep borrowing under this ad- put into higher priority needs. Let’s We are going to have a significant de- ministration ad nauseam, borrowing take that system out to the broader bate this week and we are doing that against our children’s future. It is not body of government. now and it will be fairly heated because just about some far off debt that this This is the short period of time given we have broad disagreements about Government has put on our children— to the Joint Economic Committee to this budget. But I do wish to commend that is bad enough; that is reason talk about the impact of the overall Chairman CONRAD and his work over enough to try to bring that number budget on the U.S. economy. The im- many months, as he does every year, in down—but we are paying for this every pact of this budget that the majority is his committee. year, hundreds of billions of dollars in putting forward is profound and it is I wish to focus on three areas: First debt service right now. In 2007, we had negative on the overall U.S. economy. I of all, our fiscal situation that we face that, and in years before that—2008, urge my colleagues to vote against it now because of what has been hap- 2009. So we are paying for it now to the because of that. pening in the last several years with tune of hundreds of billions of dollars. It fails to address any sort of entitle- our Federal budget; secondly, to talk Here is where we will be in 2009: a ment reform. It increases taxes at ex- about our families and the struggles so debt number of $10.4 trillion. At some

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1863 point in that year, we will achieve a tax cuts if we stay on this path from For example, education—I think our debt number of $10.4 trillion. The Presi- 2009 to 2018. So if you want to adopt the budget should reflect that we place a dent, even though he will technically Bush tax cut, that is what you have to value upon and we are actually going be out of office in January of 2009, pay for. That is what you have to pay to invest in education, just as a good bears responsibility, a large part, if not for in that 10-year window. To say it is CEO would invest in workers. First of all the responsibility, for that number: unaffordable, to say it is fiscally reck- all, this budget resolution invests in $10.4 trillion. In essence, this President less is a gross understatement, but I education strategies that create jobs has become the ‘‘10 Trillion Dollar think we can see from all of the red and growth, preparing our workforce Man,’’ the ‘‘10 Trillion Dollar Presi- why that is the case. for the global economy, making college dent’’—not something that anyone So what do we do when we debate affordable, improving student achieve- would want as part of their legacy. this budget? We can talk a lot about ment. You can see what it does there: It is important to note that $5.8 tril- the fiscal situation, but I think it is education tax cuts up to $13 billion, lion—that was the level we were at probably even more important to talk $5.7 billion over the President’s budget when he came into office—that number about what has been happening in our in discretionary funding for the De- was actually starting to go down in the country with regard to our families. partment of Education and Head Start. last couple of years of the prior admin- It seems that in the life of a family, Thirdly, an education reserve fund for istration. So instead of staying on that in terms of costs, everything that a school construction and higher edu- path and having a flat line—so to family hopes would be going down is cation authorization. speak, holding it under control—this going up. A family would hope, I guess, The second chart talks about the way President, with a lot of help from the that health care costs would be lev- we can grow our economy and create Republican Congresses, by the way, eling off or going down. They have ac- high-paying, good jobs by investing in sent that number through the roof. tually gone way up. We would hope the energy. The old way of thinking about As you can see, the final number— cost of a college education has this was that if you had to conserve en- the most disturbing number, if we stay flatlined or is staying at a certain level ergy or be more efficient, that was on the path we are on and do not adopt or going down. The cost of a college going to cost jobs. Now we know that the policies that will lead us to get us education is going up. Everyone knows when we are not in conflict, one of the on the path of fiscal responsibility—in the price of gasoline is going through best ways to create jobs is to invest in 2013, the debt will be $13.3 trillion. the roof, is going up over and over green-collar jobs and in green energy. Again, we are going to pay for that again, month after month. The price of I will go to the last chart in terms of every year. oil—I don’t know what it did today, but our infrastructure, just to get this in We spent last year, in terms of debt we were over $105 a barrel; the before we conclude. service, more money than all of the subprime crisis we are living through Our infrastructure, everyone knows— Medicaid Program, which is over $200 and the cost of housing, the value of we knew this before, but certainly billion in and of itself, and all of the the house in terms of that family’s when we saw the bridge collapse in State Children’s Health Insurance Pro- value, their economic value on paper Minnesota—that we have to invest in gram. And you can add more to that. but also the value to our economy. So basic infrastructure. This budget reso- But consider that: We spend more on this housing crisis, caused in large lution sets aside room in the budget to debt service than we do on both of measure by mortgage brokers and oth- do just that: to invest in our infra- those programs that help poor chil- ers who were unregulated and really structure, whether it is highways or dren, Americans who are suffering from took people over a cliff, so to speak, mass transit, whether it is airports or a disability, children of working fami- with regard to their housing costs, has what we call ready-to-go infrastructure lies who have health care. All of that caused tremendous pressure, first of projects. Sometimes, when a company health care, all the good things that all, on individual families but, of wants to locate in a community, they happen in those programs do not equal course, on our neighborhoods. When- don’t have time for a lot of debate. what we are paying in debt service to ever we have a property foreclosed They need to get moving very quickly. finance his debt. upon, a neighborhood disintegrates We need projects and land set aside to So we are in a debt mess here. It is a time after time. But at the same time, do that. fiscal nightmare. I will go to the next the costs of everything in the life of I will conclude with one final chart chart, which shows what we owe the that family is going up, whether it is because I know the chairman of the foreign governments. housing or gasoline or education or Joint Economic Committee, Senator A portion of that almost $10 trillion health care. SCHUMER, is with us, and he is probably in debt, of course, is foreign debt, debt The things a family hopes would be coming up next, and I want to make to foreign countries. The top 10 foreign going up are things like consumer con- sure he has all the time he needs be- holders of our national debt: In first fidence. That is going down. The value cause he has been a great leader on place, Japan. We owe the Japanese of one’s home, one would hope it would these budget issues. Government $581 billion. We owe China be increasing, but that has been going The final chart I will put up: We hear $478 billion. It goes down from there; down. All of these up and down prob- a lot about Democratic spending, the UK; the ‘‘oil exporters,’’ we owe lems for families are real-life crises for spending, spending from the Repub- them $138 billion. It goes down from so many families across America. What lican side. The differential between there. they expect us to do with this budget is what the President proposed—$3.04 tril- That is another piece of bad news. everything we can to help dig them out lion—in this 2009 budget and what we This is not some far off debt number. of the economic crisis they face. are proposing is $3.8 trillion. That is a Some of them are allies; some of them So what should we do? Well, we can 1-percent difference. So when we hear are not. Some of them we have some do a lot. We can, first of all, be fiscally debate and arguments back and forth real disputes with. We owe them hun- responsible but also have budget poli- that Democrats are spending too dreds of billions of dollars. cies and strategies in place that focus much—more than the President—the I will go to the next chart where we on creating not just jobs, not just any difference is 1 percent. have been hearing a lot the last couple jobs, but good-paying, family-sus- I have a lot more to get into, but I days about the tax cuts. Well, let’s taining jobs. That means in particular am going to conclude with this look at how much they have cost us budget proposals on how we fund an thought: We have to invest in good- and what they will cost us. The cost of agency, what we cut and what we paying jobs, family-sustaining jobs, extending the Bush tax cuts explodes don’t, what we increase and what we and we also have to get our fiscal house outside the 5-year budget window. So don’t, but also it means trying to set in order. Unfortunately, I think the when you are talking about here that aside places in the budget where we can President’s budget does not do that. we are debating the budget for 2009— make investments over time. These The Democratic budget will. talk about 2009, look at the way that aren’t things that will happen right Mr. President, I yield the floor. number goes up starting in 2010: the 10- away, these aren’t things that can hap- The PRESIDING OFFICER. The Sen- year cost of $2.9 trillion for the Bush pen quickly, but these are priorities. ator from New York is recognized.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1864 CONGRESSIONAL RECORD — SENATE March 11, 2008 Mr. SCHUMER. Mr. President, may I As we put forward a more sensible The unmistakable economic down- make an inquiry of the Chair? How budget plan for our country this year, turn began early last year as the much time do I have? we have to recognize that the pressure subprime mortgage mess unfolded. The The PRESIDING OFFICER. The Sen- on families has been made worse since spillover effects into the broader hous- ator has 10 minutes. President Bush took over. Over the last ing market, the credit market, and Mr. SCHUMER. I ask unanimous con- 7 years, Americans have been squeezed overall economy are tremendous and sent for an additional 5 minutes. Is by skyrocketing energy, health care, ongoing. that in order? and education costs. Energy costs have According to the JEC’s conservative The PRESIDING OFFICER. Is there ballooned 64 percent during Bush’s ten- estimates, by 2009 at least 1.3 million objection? ure. A gallon of regular-grade gasoline foreclosures will occur as the riskiest Without objection, it is so ordered. has increased 60 percent in real terms, subprime mortgages reset over the Mr. SCHUMER. Mr. President, first, I up from $1.62 in January 2001. To put course of this year and next. This will wish to thank my colleague from Penn- this in perspective, the average middle- lead to the destruction of approxi- sylvania before he leaves the floor. He class family is paying more just in mately $100 billion in housing wealth, is a great member of the committee, a higher gasoline prices than they re- including an estimated $71 billion in di- great Senator, and always has his eye ceived in the Bush tax cuts. Again, let rect losses on foreclosed properties and on the average family. One of the rea- me repeat that. The average American a decline in the value of neighboring sons he has been so effective on the family is paying more just in higher properties by an additional $32 billion. Joint Economic Committee is he un- gasoline prices than they received in Overall housing prices continue to derstands all the concepts, of course, the President’s tax cut. That is appall- fall, as seen in the almost 10 percent but then he is able to take them and ing. decline of the S&P/Case-Shiller na- relate them directly to the needs of av- There are 7.2 million more people un- tional home price index since the first erage families. I thank him for the insured since the President took office, quarter of 2006. good job he did this afternoon, which is and average health insurance for fami- Last week, the Federal Reserve re- typical of the good job he always does lies who do have it increased nearly 40 leased data showing that American on the JEC and elsewhere. I also thank percent since 2000. Inflation-adjusted families hold less equity in their my colleague, Senator WEBB, who also tuition for 4-year public colleges in- houses than at any time since the Fed took some time to speak on these creased 36 percent, to $5,526 per year began tracking this data in 1945. Under issues. between 1999 and 2005. In February of the Bush administration, the primary Now I will conclude our Humphrey 2008, 4.9 million people were working source of wealth for most Americans— Hawkins budget debate. part time for economic reasons but the equity in their houses—dropped by Today, we are looking at an economy wanted to work full time, and the nearly 10 percentage points, from a 57.8 on the verge of recession. Many econo- underemployment rate is almost 9 per- percent equity stake when Bush took mists would say it is already in reces- cent—9 percent—up 1.6 percent since office to a current low of 47.9 percent. sion. The economic hits to middle-class 2000. Now there are 1.4 million fewer Given that housing wealth totaled American families just keep on coming people with jobs since the President about $23 trillion in 2006, the decline in and coming. took office—1.4 million unemployed. household balance sheets is now be- Before I talk about our Democratic The bottom line is that this adminis- tween $1 and $2 trillion. Declines in budget package, which is far superior tration is the owner of the worst jobs house prices are likely to have signifi- to the President’s budget, I would like record since Herbert Hoover, and the cant negative effects on consumer to use this Humphrey Hawkins debate last 2 months of losing nearly 90,000 spending and a host of other delete- time as chair of the Joint Economic jobs secures the President’s unfortu- rious effects on the economy. But hous- Committee to talk a little bit about nate place in history, as this chart ing is the bull’s-eye of this crisis. It the economy. shows. Here is Herbert Hoover. Every- has spread outward and outward and In the last week alone, we have one did better than George Bush since outward. Again, the administration, learned that we are experiencing record Herbert Hoover. wrapped in ideological handcuffs, does home foreclosures in the prime and The significant job losses in manu- nothing. subprime mortgage markets from coast facturing and construction have con- We are also borrowing to pay for this to coast. Every single State has been tinued since the housing market has war in Iraq. The economic cost for the affected by an increase in foreclosures. been in trouble and doesn’t seem to be Iraq war is truly staggering. According According to an analysis by the Joint getting better. The job losses in the re- to professor Joe Stiglitz, a Nobel Lau- Economic Committee, home prices in tail sector are particularly troubling reate who testified at our Joint Eco- every major market are falling. Fami- because it indicates that consumer nomic Committee last month, the war lies have historically low equity in spending, which has driven this econ- could cost $3 trillion—that is with a their homes. omy, has also declined measurably. T—$3 trillion. According to a report Moody’s Economy.com estimates The President’s ‘‘hear no evil, see no our committee did in November—we that 8.8 million homeowners—that is 10 evil, do no evil’’ policies on our econ- have been pursuing this issue of the percent of all homeowners—will owe omy simply don’t work. It is only a cost of the war—the war will cost each more money than their homes are matter of time before consecutive American household $37,000. worth. Think of that: 10 percent of all months of job losses, falling home The Federal Government is increas- homeowners—not homes in foreclosure, prices, rising energy prices, and cut- ingly reliant on the rest of the world to not homes in trouble, but 10 percent of backs in consumer spending lead us buy our public debt, and with falling all homeowners will owe more money into a full-blown recession. It is crystal dollars and skyrocketing debt, who than their homes are worth. clear to everyone except the people in knows how much longer we can count Just this past Friday, the Labor De- the White House that we are inevitably on the largesse of our trading partners. partment reported back-to-back heading toward a recession. President Bush turned huge budget months of losses in jobs, with serious It isn’t a surprise to many in Con- surpluses into huge deficits in a few losses this past month in manufac- gress that we are on the brink of reces- short years, as we see here. In January turing, construction, and retail. Today, sion—or are already in one—although 2001, the CBO projected surpluses would the Commerce Department released the administration has done an excel- total $5.6 trillion in 2002 to 2011. In 2001, data showing rising trade deficits with lent job of hiding its head in the sand, CBO’s projection was a surplus of $573 China and oil-producing nations such because their strategy has produced billion in 2007. In reality, the deficit as Venezuela and Saudi Arabia. Ameri- burgeoning budget deficits, a serious was $163 billion, a turnaround of $736 cans are paying a record average $3.22 global trade imbalance, and brought us billion, and more than $100 billion for per gallon of gasoline today, and if that to the brink of recession. That is be- every year that the President has been wasn’t enough, oil is selling for over cause their only economic strategy for in office. This remarkable, dramatic $110 a barrel. Let me repeat that. Oil is everything is to cut taxes—help their turnaround in the budget picture shows selling for over $110 per barrel. That is wealthy friends and no help for the rest a reckless disregard by this adminis- an alltime record. of America. tration for living within our means and

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1865 has, frankly, jeopardized the economic week. The amendment will make per- income tax in this country. The upper future of families across the country. manent the important military tax 50 percent pay 97 percent of all the The President may have passed some benefits passed both by the House and total income tax in this country. The big tax cuts for the people who need it the Senate last December. These bene- bottom 50 percent generally pay almost least, the very well off. But he has not fits are particularly targeted toward nothing, and a good percentage of them been very compassionate to future gen- service men and women and their fami- get money from the Federal Govern- erations who will be paying for the in- lies. Given the multiple rotations ment. So what is he talking about? creased debt for generations. I com- many of them have endured, these tax I think it was Yogi Berra who once pliment the Senator from North Da- provisions are supported by all, and said, ‘‘This is like deja vu all over kota for the amazing budget he put to- they are the least we can do. again.’’ I am sure he was not talking gether. It is the best budget document I know what the other side will say: about the Federal budget when he ut- I have ever seen since I have been in ‘‘Democrats are for tax increases.’’ My tered these oft-quoted words, but he the Senate. friends, telling people who are making might as well have been. As I look at The Democratic budget provides a million dollars a year or more that the budget resolution before us today, some measure of sanity and order to they should continue to get a tax cut is and as I listen to the arguments on our budget priorities and, hopefully, what is wrong, not saying they should both sides of the aisle, it seems to me will put our country back on more begin to pay their fair share. I have that we could be talking about last solid economic footing. Senator news for my colleagues on the other year’s budget resolution. The numbers CONRAD did an amazing job in crafting side of the aisle. Their old arguments are somewhat larger, but the argu- a budget resolution that gets us start- are not going to work because the mid- ments are about the same. ed on the road to recovery from these dle class has seen promise after prom- Now this might not be so bad if the misguided policies. ise from this administration, and then budget resolution were a good one. No, One of the most important things they have seen the vast majority of the you would not hear me complaining about Senator CONRAD’s budget is that tax cuts go to the very top of the in- about a repeat of a budget that by restraining spending and making come scale. strengthened our economy, addressed the right choices on long-term tax I will repeat it again: The average our near-term problems, and prepared cuts, it provides room for important middle-class person has paid more of an this country for the longer-term budg- middle tax cuts to ease the middle- increase in gasoline than their entire et challenges of the future. Unfortu- class squeeze, such as the tax cuts pro- Bush tax cut, while this administration nately, this is not the case. In fact, vided in Senator BAUCUS’s amendment. twiddles its thumbs about the energy quite the opposite is true. These tax cuts are not a fix for what crisis and continues to tell those at the Once we were through with that reso- ails our economy in the long term, but top of the economic ladder that they lution last year, it didn’t even resem- they will indeed help middle-class fam- get the vast majority of the benefits, ble what the budget resolution was ilies make ends meet. even though they don’t need it. calling for. In fact, I have been here for Senator BAUCUS’s amendment is So I hope we will support the Conrad 31 years, and not one day has the con- broad-based tax relief targeted to the budget. It is a good, fine, and well- servative point of view been dominant middle class, plain and simple. Every- thought-out one. I hope we will support in the Senate. The liberal point of body benefits, but the middle class gets the Baucus tax cuts, which are tar- view, with almost all liberal Demo- most of the spoils. That is the way we geted at the middle class. I hope we crats and a few liberal Republicans, has ought to provide tax relief in this coun- will support a budget such as the one held sway. That is where all the spend- try—not providing more and more tax proposed on our side, which is smart ing is coming from. breaks to the top one-tenth of 1 per- and helps the middle class. Instead, we are, once again, talking cent, whose incomes have shot up into I yield the floor. about a budget that raises taxes by an the stratosphere. Tax cuts for those The PRESIDING OFFICER. The Sen- unprecedented amount, which will do who need them, not for those who ator from Utah is recognized. untold harm to our economy, exacer- would not notice them. That is our Mr. HATCH. Mr. President, I ask bates our near-term problems by not watchword, while the other side con- unanimous consent that I be given an holding spending in check, and totally tinues to believe in trickle down, but additional 5 minutes. ignores the longer-term mandatory not even trickle down from the middle The PRESIDING OFFICER. Is there program challenges of the future. class to the poor but from those higher objection? Much has already been said on this regions of wealth. Without objection, it is so ordered. floor about the budget resolution and If we look at the tax cuts that passed Mr. COBURN. Mr. President, how its failings. I could add a great deal in 2001, we know which ones should be much time does the Senator from Utah more, but instead I choose to focus my made permanent and which ones should have? remarks on three premises on which not. The $1,000-per-child tax credit, Mr. HATCH. Mr. President, I have 15 this budget is based. Three premises marriage penalty relief, and the 10-per- minutes, and I have asked for an addi- that, unfortunately, are false. And cent bracket are all sensible tax cuts tional 5. every child in Sunday school knows that can be made permanent with the Mr. COBURN. According to the that false premises are like the house surpluses provided for in the Conrad agreement we had, that would put us whose foundation is built upon sand. budget. until 7:25 when Senator BROWN would We all know that a house built upon The Baucus amendment does some be eligible to speak; is that right? sand, or a budget built upon false other sensible things as well. Across The PRESIDING OFFICER. The Sen- premises, cannot stand. the country, parents are struggling to ator from Oklahoma would start at 6:55 The first faulty premise underlying manage the crunch of work and family. and have until 7:25. this budget resolution is that it would According to a report issued by the Mr. COBURN. I thank the chair. not raise taxes on Americans. I know Joint Economic Committee, full-time The PRESIDING OFFICER. The Sen- that my colleagues on the other side of childcare costs average about $7,300 per ator from Utah is recognized. the aisle have said and will continue to year in the United States. That is al- Mr. HATCH. Mr. President, I rise to say that this budget does not raise one most 20 percent of the median income express my opposition to and dis- cent in taxes. Technically speaking, of families with young children. The appointment with the fiscal year 2009 this is true. However, while the docu- Baucus amendment will permanently budget resolution before us today. ment before us may contain no actual extend the tax credit for childcare ex- Interestingly enough, I listened to tax increase language, it does nothing penses to provide essential benefits to the Senator from New York talk about to prevent the largest tax increase working families. how the rich are getting away with ever, which is set to occur at the end of Senator BAUCUS’s amendment also things. Well, the upper 1 percent of all 2010 if the 2001 and 2003 tax cuts are al- includes provisions to offset the impact taxpayers paid 39 percent of all income lowed to expire as scheduled. of rising local property taxes. I hear taxes the last time I heard. The upper The American people need to ask a about that from my constituents every 5 percent paid 60 percent of the total simple question of this budget. What is

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1866 CONGRESSIONAL RECORD — SENATE March 11, 2008 it doing to make sure that my tax bill amendment were never brought up in includes plenty of tax offsets. It would does not go up in 2010? the Finance Committee or on the floor increase the income tax rates across They will be met with deafening si- of this Senate. This is a shell game. the board to where they were in 2001, lence. The reason why is that you have to with the top rate exceeding 40 percent Now, those on the other side will try look at the fine print on this amend- at the margin. This may sound as if it and explain this deficiency away. They ment to see what is really going on. would affect only the wealthy, but this will argue that allowing a tax cut to The Baucus amendment allows only for is another false premise. In reality, it expire is not the same thing as raising the consideration of so-called middle- would affect millions and millions of taxes. Well, try telling that to the 116 class tax relief. It does not, however, small and midsized businesses, the million American taxpayers who will provide a means to offset the lost rev- great majority of which pay their taxes face higher taxes if these tax cuts are enue. Under the Democratic pay-go through the individual Tax Code. allowed to expire. Try explaining this rules, along with the $323 billion of tax How is this going to help us solve the nuance to the 43 million American fam- relief that the Baucus amendment pur- economic problems our Nation is fac- ilies who, on average, will owe $2,300 ports to offer, there is an asterisk with ing? This budget is nothing but a rec- more, and to the 18 million seniors who fine print that says, provided that the ipe for disaster. will pay an average of $2,200 more. revenue can be found to offset it. My The second faulty premise underlying This is not small potatoes. Families goodness. this budget resolution is that the in- that do not consider themselves rich, So this explains why we need the crease in spending it authorizes will that struggle to make ends meet, and Baucus amendment again. The reason solve our long-term economic prob- that are doing all they can to make the we did not provide that middle-class lems. Yes, I think we have heard this mortgage and save for college, are tax relief is that we could not find the before as well. Yes, it was last year in going to get hit with massive tax bills. revenue to offset it. But what about the fiscal year 2008 budget debate. That They are going to see their paychecks what my friend and colleague, the dis- budget resolution called for $205 billion shrink by hundreds of dollars every pay tinguished chairman of the Budget in increased spending over 5 years, and period. This is real money. Money that Committee, says? He points to the tax this number ballooned to $350 billion families could use to pay medical bills gap and says we can get the money over 10 years. Apparently, this amount or pay tuition, and instead it is going there. All we have to do is stop some of was not high enough, so this budget to go to the Federal Government. the leakage in our tax system. ups the amount to $210 billion over the It will not be much fun trying to ex- I agree with my colleague from North next 5 years, and it will have the same plain this to the owners and managers Dakota. I agree that we should be able ballooning effect over the years beyond of 27 million American small busi- to reduce the tax gap. It is too large because the spending gets built into nesses. Try telling them that their and it is inexcusable why $200 to $300 the baseline. That is the danger of a higher tax bill is not really a tax in- billion or more in taxes that are due go seemingly small amount of additional crease. No, not at all. It is merely the uncollected each year. But you know spending. It is insidious. It seems rel- reversal of a temporary lower tax rate what? Our tax system, as leaky and atively small in the first year, and so it they should have been grateful to have clumsy and unfair and antiquated as it may be, but the way we do budgeting gotten for a decade, due to the gen- is, is the envy of much of the world as in Congress has a way of multiplying erosity of Uncle Sam, who no longer far as the percentage due that we col- the seemingly small increases so they deems it necessary to throw such fa- lect. are huge in a few years. There is a vors their way. Can we do better? Of course. Do we compounding effect. Good luck selling that one. need to crack down on tax abuse do- In his opening remarks on Monday, I will tell you one thing—I do not mestically and overseas? Indeed we do. the distinguished chairman of the want to tell the hundreds of thousands Can we raise enough money by closing Budget Committee talked about the of Utah families, seniors, and small the tax gap to offset the revenue loss of need for additional investment in business owners that the extra dollars the amendment of the Senator from America. He spoke about priorities in we were letting them keep for a few Montana? Not even close. As Senator education, energy, infrastructure, law years are now needed for more urgent GRASSLEY very eloquently dem- enforcement, weatherization, health things, such as higher spending in onstrated on this floor on Monday, the care, uninsured children, food, drug Washington. real potential for revenue from the tax safety, veterans, and much more. So if this is not a tax increase, I do gap is very, very small in comparison I know the Senator from North Da- not know what is. The other side can to what the other side is claiming. If kota is sincere, and I know he works call it what it wants. But if the end re- not, then where are the specific pro- hard and is very effective in presenting sult is more money coming to Wash- posals from the other side to do it? his side of the argument. I have much ington, and less money staying in the Why haven’t they been enacted, if it is admiration and affection for him. I paycheck, the family budget, or the so easy to get this revenue? care a great deal for him. He has a very small business expansion account, this The tax increases inherent in this tough job, and he does it well. is a T-A-X, Tax! budget resolution will do untold dam- The Senator from North Dakota is We have heard the other side talk age to our economy. Even if the other right about the needs of this country— about how they are for extending the side can find the votes to increase they are unlimited, just like the needs middle-class elements of the 2001 and taxes enough to overcome the pay-go of the typical American family. The 2003 tax cuts. We have even heard them problem associated with some of the needs of the American people as a say that the budget resolution provides middle-class tax relief proposed by the whole are unlimited. The problem in for this, through the adoption of an Senator from Montana, we would still both situations is that we do not have amendment offered by the Senator be doing major harm to the economy. unlimited resources, and neither does from Montana. $323 billion for middle- We can perhaps look to the model the family. We have to make choices, class tax relief. Does any of this sound provided for us by the chairman of the and we have to set priorities. It would familiar? It should, because the same Ways and Means Committee in his so- be nice if we could simply take care of amendment was offered, and adopted, called Mother Tax bill. It is so named every problem in this Nation by spend- in last year’s budget resolution. because my good friend Chairman RAN- ing the money that is needed, just as it I have a question about that tax re- GEL said it represents the Mother of All would be great if every American fam- lief. Where is it? What happened? Last Tax Reforms. His ranking member, ily had enough money to solve all of its year’s Baucus amendment offered pret- Congressman MCCRERY, more aptly de- problems. But that is not reality. ty much the same kind of tax relief as scribes it as the Mother of All Tax In reality, we are in serious financial this year’s version. But, why did we Hikes. trouble in this country. Money trouble, need to adopt it again? The answer, of I can tell you right now, as much as if you will. When a family faces reality course, is that nothing happened be- I hate to say this about my friend and knows it has money trouble, that cause the tax changes necessary to CHARLIE RANGEL, Congressman family will sit down at the kitchen carry out the stated intent of this MCCRERY is right. This ‘‘mother’’ bill table and decide where to prioritize and

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1867 what has to go. That is exactly what This amount is nearly as high as the Mr. BROWN. Mr. President, I ask we need to do at the national level. total household net worth of Ameri- unanimous consent that the order for The Senator from North Dakota is cans, which is $59 trillion. the quorum call be rescinded. correct about another point, and that In other words, we are nearly bank- The PRESIDING OFFICER. Without is that the discretionary portion of our rupt as a nation. Within a few years, objection, it is so ordered. budget is getting squeezed. According we will absolutely be bankrupt if some- Mr. BROWN. Mr. President, I ask to Comptroller General David Walker, thing is not done. It is clear that this unanimous consent that I be allowed to the portion of discretionary spending path is not sustainable. We all know it. speak before Senator COBURN, my col- in 1966 was 67 percent of the total budg- Our children know it, and our grand- league from Oklahoma. et. By 1986, this portion had dropped to children are going to find it out the The PRESIDING OFFICER. Without 44 percent. By 2006, a couple years ago, hard way. They are going to blame us objection, it is so ordered. it was down to 38 percent. if we do not act to turn things around. Mr. BROWN. Mr. President, I rise in This shrinking percentage of discre- It is as if we are all in a ship floating support of the budget resolution before tionary spending, however, is not be- down a river. The waters are quite us this evening. Governing is about cause we are spending less in terms of calm now, but the map shows that a choosing. This budget makes the right nominal dollars. The fact is we spent very high and dangerous waterfall is choices and at the same time main- almost twice as much on discretionary ahead of us. We know if we do not turn tains fiscal discipline. programs in 2007 as we did in 2000. How- the ship around, disaster awaits. But it Over the past year, I have held some ever, our mandatory spending is in- is not an easy thing to do. We know we 85 roundtables of 20 or 25 people each in creasing so much faster. This growth in cannot turn it around in 1 year. It will communities across the State. I have the entitlement programs, such as take a lot of work and sacrifice. It will held them in some 55 of Ohio’s coun- Medicare, Medicaid, and Social Secu- take pain. ties, listening to workers and business rity, is squeezing out our ability to It is easy to say we should wait, that leaders, listening to teachers and sher- grow the amount we spend on discre- this is an election year and a new cap- iffs, listening to people running social tionary programs. tain and maybe a new crew will be tak- service agencies and people served by But the answer is not to increase dis- ing over after the election. But I say to those social service agencies. In every cretionary spending even by what the my colleagues, we cannot afford to town I visited, Ohioans have asked to proponents of this budget are calling a wait. In the midst of the calm water, work together with the Federal Gov- very small amount. We are going in the we can hear the roar of the waterfall. ernment, not for a handout, not nec- wrong direction, and this small amount We are coming to it very quickly, and essarily for assistance, but to work to- will compound into a large amount in a if we wait too long, catastrophe will re- gether with the Federal Government in few years. And guess what. Once we sult. The budget before us does nothing attacking the problems of our small spend and it gets built into the base- about the cataclysm just down the towns, our rural areas, our inner-ring line, it is almost impossible to get it river. It is a fatal flaw. suburbs, and our big cities. out. I started by mentioning that the rich I have heard from employers who This leads me to the third faulty do pay a lot of taxes right now. Actu- have good jobs that go begging because premise underlying this budget resolu- ally, the rich are paying more after the we have not trained or retrained people tion, and that is it is safe to ignore our tax cuts than they were paying before. in the skills they need. I have heard longer term problems with Medicare, The fact is, the upper 1 percent of the from county commissioners, worried Medicaid, and Social Security. I know rich—the last time I saw the figures, that their crumbling bridges may fall if I were to separately ask each Mem- and it is even worse now—are paying and that their water and sewer infra- ber of this body if we need to do some- about 39 percent of all income taxes— structures are not sound. I have heard thing about the growth of these pro- the upper 1 percent of all taxpayers. from doctors who think we can do a grams, there is a good chance that And the top 5 percent pay about 60 per- much better job of providing access to every single Senator would agree we cent of all taxes. And the upper 50 per- health care through their offices and cannot afford to ignore them and that cent pay almost 97 percent of all in- their examining rooms rather than something has to be done to save our come taxes. Think about that. The bot- through the emergency room, and not future. But as I looked over this budget tom 50 percent pay little or none and just for the 47 million Americans with- resolution, I cannot seem to find the many of them get largess from the Fed- out health insurance, including 9 mil- part that addresses the growth of these eral Government. So this idea that the lion children, but for the millions of programs, and yet the Government Ac- rich need to pay more is a phony argu- people in this country with inadequate ment. It is time people got called on countability Office tells us that be- health insurance. tween now and 2032, spending on Medi- that argument. It is phony, it doesn’t Last month we saw the priorities of make sense, and we have to get with it care and Medicaid alone will grow the Bush administration when he sent around here. We cannot keep bringing about 230 percent. At the same time, his budget to Congress. The Bush budg- up these phony budgets such as this our GDP will grow about 70 percent if et proposed to cut funding for job with all the budgetary gimmicks this we are lucky. training and technical education. one has in it. Let me share some truly frightening Today I met with people from Wayne I don’t blame the distinguished Sen- numbers with you. The Government ator from North Dakota. He has a side County and Butler County, from Accountability Office recently com- that is fractionated. They want to Geauga County and Cuyahoga County, puted the fiscal exposures we face as a spend more—that is how they keep and all over my State, to talk to people nation from our unfunded obligations themselves in power—and he has to who are teachers and administrators, under Social Security and Medicare. In find gimmicks and some way of justi- and superintendents and students, who 2007 dollars, our total unfunded liabil- fying additional spending, and this depend on vocational training, tech- ity for future Social Security benefits, budget is filled with additional spend- nical education, and who provide train- assuming the law does not change, is ing, additional taxes, and a lot of budg- ing for so many in our State. $6.8 trillion—that is trillion dollars. et gimmicks that should not be in it. The Bush budget proposed to cut the This is a number of galactic propor- I urge my colleagues to reject this community development block grants tions, so big that it is hard to com- budget resolution. Let’s get started on by more than 20 percent. As big cities prehend. But I have to tell you, it pales one that recognizes the dangers ahead and small towns face the impending in comparison to the amount of our un- and begins to turn this ship around be- problems that are in the midst now of funded liability associated with Medi- fore we hit that cataclysmic waterfall. these problems with foreclosures, the care, which is more than $34 trillion— Mr. President, I suggest the absence Bush budget proposed to cut health that is trillion dollars, $34 trillion. of a quorum. care for seniors and for children, and When this is combined with all other The PRESIDING OFFICER. The these are the choices of the Bush ad- major fiscal exposures, the GAO esti- clerk will call the roll. ministration. They are the choices of mates that our total unfunded liability The bill clerk proceeded to call the an administration that has gone in the is almost $53 trillion. That is with a T. roll. wrong direction year after year after

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1868 CONGRESSIONAL RECORD — SENATE March 11, 2008 year. They are the choices we must re- shoulders and said, that is the problem do not seem so interested in balanced ject. of these middle-class students. budgets anymore. They will say the Our budget, by contrast, will increase I am proud that our budget charts a cost isn’t that great when measured Federal efforts to educate and train much different course. Most impor- against the size of the economy. But our citizens, young and old. Our budget tantly, we invest in America. We invest they ignore the opportunity cost. will increase funding for economic de- in its people and in its communities. Think of that $260 billion and what we velopment and for rebuilding our Na- And most importantly, we invest in could have done with that money. tion’s infrastructure. Our budget will America’s future. Think of how it could be used to ex- improve the health care of families and The President likes to tout the pand opportunity for better health of children. Our budget will help to cre- length of the economic recovery, but care, for education, for roads, for ate good-paying jobs here in America. he seldom mentions its breadth or its bridges, for research, for infrastruc- This administration either doesn’t depth, and for good reason. During the ture. Instead, we write checks to bond- care or doesn’t understand what it is last 7 years, median weekly earnings holders, many of them big contributors doing to the middle class and what is have actually fallen, after adjusting for to my Republican colleagues, whose ad- happening to the middle class. Up until inflation. Most Ohioans make less dresses are more and more often found, last summer—in front of the Presiding today than they made when George in some cases, in China and in the Officer in the Banking Committee—the Bush took office, in real dollars. Job OPEC states and in the offshore bank- creation has been the worst since the Secretary of the Treasury and others ing centers. in the administration assured everyone Hoover administration. And if you look at private sector jobs or manufacturing The hundreds of billions in Federal the economy was doing fine and the debt financed by foreigners is swamped housing crisis was contained. Senator jobs, the picture is even worse. As bad as job creation and job growth has by the even larger size of the trade def- MENENDEZ and so many others here icit, which has roughly doubled under spoke up for Federal involvement in been, as I said, it has been even worse in the private sector and even worse the Bush administration, to more than trying to help the many people in New $700 billion last year. Every day in this Jersey and Ohio and across the country yet in the manufacturing sector. If there is a recovery, as the Presi- country, every single day of the year, who were threatened with this fore- dent likes to trumpet, heaven help us we buy almost $2 billion in goods, im- closure problem in their homes and in in a recession. Middle-class families porting more into this country than we their neighborhoods. But when the are being squeezed by toxic mortgages export—almost $2 billion every single problems were mostly on Ohio’s main and by gas prices that have doubled in day. That translates into lost jobs, it streets, the main streets of Zanesville the past few years. The President translates into stagnating wages, it and Steubenville, the main streets of didn’t know that gas prices had exceed- translates into communities that are, Toledo and Dayton and Lima and Mar- ed $3 and were approaching, in some in many cases, devastated. Places par- ion, the administration was indifferent. places, $4 a gallon. Middle-class fami- ticularly hard hit are smaller towns They said the problem would go away. lies are being squeezed by increases in and industrial centers that have been But when the problems migrated from the cost of food, education, and the hard hit by plant closings. main street Mansfield and main street cost of health care. Our manufacturing sector has in too Springfield to Wall Street, suddenly Our budget will extend tax relief to many cases been hollowed out. Compa- the problems became important to the these families. The Democratic budget nies that have been in business for cen- administration. will prevent the alternative minimum turies, surviving challenges from the But even then the response of the tax from reaching millions of middle- Great War to the Great Depression, Bush budget to economic troubles and class families. Senator BAUCUS’s have been unable to weather this ad- to the problems of foreclosure across amendment, which I am cosponsoring, ministration. The response: The Bush our country speaks volumes. It pro- will provide further relief by extending budget eliminates funding for one of poses to cut taxes for the wealthiest the tax credit, the child credit, the de- the Government’s most effective pro- people in the country, offset by cuts in pendent care credit, and other provi- grams to help small business, the Man- Medicare. They want to pay for their sions, including several important pro- ufacturing Extension Program, which tax cuts for the richest people in the visions to our veterans and to our ac- assists American manufacturers to country, but they do it by making cuts tive duty military personnel. adapt to changing technology. in Medicare. They propose to reduce At the same time, unlike the Presi- We can do better, and the Democratic benefits under the Social Security sys- dent’s budget of the last 5 years, we budget does do better. Over the weeks tem while pushing a privatization pro- maintain a path to a balanced budget. ahead, in working with our colleagues gram that generates big fees for Wall The Senator from New Jersey and I, in the House, we will write a budget Street at the expense of seniors and and others, participated in the 1990s in that pays attention to the voices of the disabled people in our country. passing a balanced budget under Presi- While families are struggling to af- middle class and responds to the needs dent Clinton. We moved toward a bal- of the middle class. We will write a ford the cost of sending their children anced budget, unlike what President to college, it proposes to cut Federal budget that increases funding for edu- Bush has unraveled in the last 6 years. cation and for health care, one that support for student loans. One of the This is an important difference be- greatest accomplishments of this new gears tax policy to the needs of strug- tween our budget and the President’s. gling families and small businesses, Democratic majority, right off the bat, Once upon a time, our Republican and one that builds a foundation rather is what we were able to do to increase colleagues were concerned about bal- than undercutting that foundation for Pell grants and what we have been able ancing the budget. That was then. Now, our future and doesn’t take a mortgage to do to bring down interest rates for this administration has piled up tril- out on it. student loans, and what the Governor lions of dollars of debt that our chil- of my State, Governor Strickland, has dren and grandchildren will be forced As an Eagle Scout many years ago, I done by freezing college loans. to repay—a sorry legacy indeed. The was taught you should leave a camp- The Bush administration, it seems, public debt stood at $6 trillion—actu- ground better than you found it. I as I said, either doesn’t know, doesn’t ally less than $6 trillion—when Presi- think that is not a bad description for understand, or doesn’t care about these dent Bush took the oath of office in our role as Senators too. Let us make middle-class kids who are struggling to 2001. By the end of this fiscal year, the the choices that will leave the coun- go to college. debt will have grown to $10 trillion. try’s fiscal situation better than it is My wife was the first in her family to That is a 4,000 billion dollar growth, today. Let’s help the middle class, let’s go to college. She got loans, she got from under $6 trillion to more than $10 help working families and end the red grants, and she graduated with a debt trillion. Even at a time of low interest ink. Let’s invest in our future. of only a couple thousand dollars. That rates, we will spend $260 billion next Mr. President, I yield the floor, and I was almost 30 years ago. Today, it is year to pay interest due on that debt. suggest the absence of a quorum. very different, because the Federal Many of my Republican colleagues The bill clerk proceeded to call the Government has simply shrugged its have changed their tune because they roll.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1869 Mr. BROWN. Mr. President, I ask While S. 2739 incorporates a number of pro- the House-passed bills. No Senator submitted unanimous consent that the order for visions of S. 2483, the National Forests, a request to me to include them. the quorum call be rescinded. Parks, Public Land, and Reclamation In the interest of furthering the trans- The PRESIDING OFFICER. Without Projects Authorization Act of 2007, which I parency and accountability of the legislative introduced 3 months ago, on December 14, objection, it is so ordered. process, however, I have posted a list of the 2007, there are a number of differences be- specific authorizations in S. 2739 on the Com- f tween the bills that are dictated by the mittee on Energy and Natural Resources’ amount of time that has elapsed since last MORNING BUSINESS website. The list includes the name of the December and by action that has since taken principal sponsor of the Senate companion Mr. BROWN. I ask unanimous con- place in the House of Representatives. Two measure that corresponds to the House- sent that the Senate now proceed to a of the sections included in S. 2483 last De- passed bill. A copy of the list is attached for period of morning business, with Sen- cember were subsequently enacted into law your convenience. as part of the Consolidated Appropriations I previously asked the principal sponsor of ators permitted to speak therein for up Act, 2008, Public Law 110–161, and, accord- the Senate companion measure of each to 10 minutes each. ingly, have been left out of S. 2739. Eight new House bill contained in S. 2483 to certify that The PRESIDING OFFICER. Without provisions, drawn from eight separate House neither the Senator nor the Senator’s imme- objection, it is so ordered. bills or resolutions, have been added. Two of diate family has a pecuniary interest in the the effective dates in title VIII of S. 2483 f item, and have posted the certifications I have been extended in S. 2739 in light of the have received on the Committee’s website. CONSOLIDATED RESOURCES ACT passage of time since S. 2483 was introduced. All certifications received in relation to S. In addition, minor modifications were made OF 2008 2483 remain on the Committee’s website, in a few other provisions. where they are available for public inspec- Mr. REID. Mr. President, I ask unan- Although S. 2739 has not been referred to tion in accordance with paragraph 6 of Rule imous consent that the following letter the Committee on Energy and Natural Re- XLIV. I have not received any requests for and listing be printed in the RECORD. sources, all of the House bills that make up new congressionally directed spending items There being no objection, the mate- S. 2739 or their Senate companions have ei- to be included in S. 2739. rial was ordered to be printed in the ther been reported or ordered reported by the Thus, in accordance with Rule XLIV of the RECORD, as follows: Committee. Standing Rules of the Senate, I hereby cer- MARCH 11, 2008. Rule XLIV of the Standing Rules of the Senate provides that, before proceeding to tify that each congressionally directed Hon. , spending item in S. 2739 has been identified Majority Leader, U.S. Senate, the consideration of a bill, the chairman of through a list and that the list was posted on Washington, DC. the committee of jurisdiction must certify the Committee’s publicly accessible website DEAR MR. LEADER: S. 2739, the Consoli- that each congressionally designated spend- at approximately 3:00 p.m. on March 11, 2008. dated Natural Resources Act of 2008, which I ing item in the bill and the name of the Sen- Sincerely, introduced yesterday, is a collection of 62 ator requesting it has been identified and JEFF BINGAMAN, posted on a publicly accessible website. The separate legislative measures under the ju- Chairman. risdiction of the Committee on Energy and term ‘‘congressionally designated spending Natural Resources. The purpose of the bill is item’’ is broadly defined, in pertinent part, to facilitate consideration in the Senate of to include ‘‘ a provision . . . included pri- COMMITTEE ON ENERGY AND NATURAL the large and growing number of measures marily at the request of a Senator . . . au- RESOURCES CONGRESSIONALLY DI- relating to protection of natural resources thorizing . . . a specific amount of discre- RECTED SPENDING ITEM CERTIFI- and preservation of our historic heritage tionary budget authority . . . for . . . ex- CATION PURSUANT TO RULE XLIV OF that have been passed by the House of Rep- penditure with or to an entity, or targeted to THE STANDING RULES OF THE SENATE resentatives and approved by the Committee a specific State, locality or Congressional S. 2739—THE CONSOLIDATED NATURAL on Energy and Natural Resources. Forty- district, other than through a statutory or RESOURCES ACT OF 2008 three of the measures in S. 2739 consist of administrative formula-driven or competi- the text of separate bills passed by the House tive award process.’’ Provisions in S. 2739 authorizing appropria- of Representatives, twelve are drawn from Fifteen of the House-passed measures in- tions in a specific amount for expenditure separate titles, subtitles, or sections of two corporated into S. 2739 contain provisions with or to an entity or targeted to a specific other House-passed bills, and two are House- authorizing the appropriation of specific State, locality, or congressional district, passed concurrent resolutions. Only one pro- amounts targeted to specific entities or lo- other than through a statutory or adminis- vision, section 482, contains new matter that calities. These authorizations are included in trative formula-driven or competitive award has not passed the House of Representatives. S. 2739 because they are part of the text of process:

Principal sponsor of Section Program or entity State Senate bill

314(c) ...... Acadia National Park ...... ME ...... Collins 333(e) ...... American Latino Museum Commission ...... DC ...... Salazar 334(j) ...... Hudson-Fulton and Champlain Commissions ...... NY & VT ...... Clinton 342(f) ...... Lewis & Clark Visitor Center ...... NE ...... Hagel 409 ...... Hallowed Ground National Heritage Area ...... VA ...... Warner 430 ...... Niagara Falls National Heritage Area ...... NY ...... Schumer 449 ...... Abraham Lincoln National Heritage Area ...... IL ...... Durbin 461 ...... Multiple National Heritage Areas ...... OH, PA, MA, SC ...... Voinovich ...... WV, TN, GA, IA, & NY ...... none 504(d) ...... Watkins Dam ...... UT ...... Hatch 505 ...... New Mexico water planning assistance ...... NM ...... Domenici 509 ...... Multiple Oregon water projects ...... OR ...... Smith/Wyden 511 ...... Eastern Municipal Water District ...... CA ...... Feinstein 512 ...... Bay Area water recycling program ...... CA ...... Feinstein 515(b)(6) ...... Platte River ...... NB, WY, CO ...... Nelson (of NB) 516(c) ...... Central Oklahoma Master Conservancy District ...... OK ...... Inhofe

ARREST OF VIKTOR BOUT ganization that has also been placed on to evade law enforcement officers the U.S. terrorist list. Mr. FEINGOLD. Mr. President, I was around the world, despite investiga- pleased to hear about the recent arrest If Bout is charged and convicted in tions by the U.N., the media, and even of Viktor Bout, one of the most noto- Thailand, he faces 10 years in prison, intelligence sources that indicate his rious arms dealers in the world. Last while if the U.S. is able to extradite complicity in arms smuggling and his week, Mr. Bout, was arrested in Thai- him he will face 15 years. I certainly role in fueling some of the world’s most land by a U.S. sting operation in col- recognize the need to ensure a free and brutal wars in some cases by providing laboration with Thai authorities which fair trial for Mr. Bout that is his right weapons to both sides of the conflict. apprehended him as he was allegedly but I am nonetheless pleased that after trying to sell weapons to the FARC the numerous attempts he has finally been main Colombian rebel group and an or- arrested. For years, Bout has been able

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1870 CONGRESSIONAL RECORD — SENATE March 11, 2008 Despite an outstanding 2002 Interpol to globalize we must work together in For years, I have been frustrated and warrant, until last week he was able to order to hold individuals like Bout ac- saddened by the hastening decline of successfully dodge arrest. countable for their actions. this country. The courageous, patriotic Mr. President, Viktor Bout benefited f citizens of Zimbabwe who resist the from the unrestrained capitalism and state’s repression, even at enormous UPCOMING ELECTIONS IN weak institutions that emerged in the personal cost, must know that the ZIMBABWE aftermath of the fall of the Berlin Wall world supports them, and the country’s and the collapse of the Soviet Union. Mr. FEINGOLD. Mr. President, since corrupt and tyrannical rulers must be He used that tumultuous period for his independence in 1980, politics in told that their time is up. own personal gain, as he built an air- Zimbabwe had been dominated by one Although it will not happen this craft fleet, purchased cheaply from the party and indeed one man President month, I hope that someday soon the stockpiles of discarded Cold War weap- and head of the ruling ZANU-PF, Rob- people of Zimbabwe will be given a ons, and sought out clients around the ert Mugabe. In February 2000, chance to freely express their will in a globe to help perpetuate his diabolical Zimbabwe’s citizens delivered a blow to genuine democratic process that is free money-making schemes. He exploited President Mugabe when they rejected from manipulation, intimidation, and the dearth of arms control initiatives his party’s proposed new constitution, coercion. and then in June’s legislative elec- in fledging countries and recognized f that the lack of an international tions, even without access to the state- framework would serve his interests run media and without significant fi- THE TRUE COSTS OF THE IRAQ well. nancing, opposition candidates man- WAR According to Douglas Farah, one of aged to win 58 of 150 parliamentary Mr. LEAHY. Mr. President, the the authors of the recently published seats, up from just 3. economists Linda Bilmes and Joseph ‘‘Merchant of Death,’’ ‘‘[it] is highly In 2000, I joined many in Zimbabwe Stiglitz recently produced an illu- unlikely [Bout] could have flown air- and the international community in minating analysis of the real costs of craft out of Russia and acquired huge hoping that this victory would mark the war in Iraq, which was published the end of the ruling party’s strangle- amounts of weapons from Soviet arse- last Sunday in . hold on the state and herald the open- nals without the direct protection of As the war grinds on toward its fifth ing of democratic space and opportuni- Russian intelligence, and, given his year, and as the war continues to warp ties in a country that has seen repres- background, the [Russian military in- our Nation’s priorities at home and sion for too long. Instead, Mr. Mugabe telligence] seems the most likely can- abroad, this is an analysis that every and his party responded to these de- didate.’’ Indeed, it is likely that such American deserves to see. I also com- feats by tightening their grip on power. assistance was needed to create such a mend it to the attention of the Mem- In 2000, international headlines warned vast empire. bers of the Senate. of ‘‘Zimbabwe’s unprecedented eco- Mr. President, this empire had many I ask unanimous consent it be print- nomic and social crisis’’ with unem- and varied clients. In fact, during the ed in the RECORD. ployment at 50 percent and almost 60 early years of the Iraq war, Bout’s air- There being no objection, the mate- percent inflation, and the 2000 elections crafts were used to support U.S. Gov- rial was ordered to be printed in the were marred by the harassment of op- ernment contractor and subcontractor RECORD, as follows: position candidates and supporters in work. I inquired about the use of these which at least 25 were killed. [From the Washington Post, Mar. 9, 2008] aircrafts at a 2004 Iraq hearing in the These numbers pale in comparison THE IRAQ WAR WILL COST US $3 TRILLION, Senate Foreign Relations Committee with the devastating economic and po- AND MUCH MORE and learned shortly thereafter that litical situations in Zimbabwe today. (By Linda J. Bilmes and Joseph E. Stiglitz) both the State and Defense Depart- According to official figures, annual in- There is no such thing as a free lunch, and ments had done business with Bout. flation now tops 100,000 percent with 80 there is no such thing as a free war. The Iraq Not long after my inquiry, this busi- percent employment despite the fact adventure has seriously weakened the U.S. ness relationship was purportedly ter- that at least one quarter of the popu- economy, whose woes now go far beyond minated and Bout’s assets were frozen loose mortgage lending. You can’t spend $3 lation has fled the country. Meanwhile, trillion—yes, $3 trillion—on a failed war by the Treasury Department. But de- the harassment and intimidation of the spite this corrective action, Bout’s abroad and not feel the pain at home. independent media, opposition politi- Some people will scoff at that number, but work remained uninhibited and, ac- cians, civil society leaders, and human we’ve done the math. Senior Bush adminis- cording to some credible reports, he rights advocates has become more tration aides certainly pooh-poohed worri- continued to associate with other enti- widespread and systematic. some estimates in the run-up to the war. ties of the U.S. Government. Exactly 1 year ago today, when oppo- Former White House economic adviser Law- Bout was clearly a savvy and depend- sition party activists and members of rence Lindsey reckoned that the conflict able broker, but he used these talents civil society attempted to hold a peace- would cost $100 billion to $200 billion; De- fense Secretary Donald H. Rumsfeld later to do business with some of the most ful prayer meeting in response to unsavory characters in the world. The called his estimate ‘‘baloney.’’ Administra- President Mugabe’s announcement tion officials insisted that the costs would be U.N. investigative team which pursued that he would seek reelection, they more like $50 billion to $60 billion. In April Bout found that he was pouring small were brutally assaulted by ZANU-PF 2003, Andrew S. Natsios, the thoughtful head arms and ammunition into Afghani- police officers, security forces, and of the U.S. Agency for International Devel- stan, Angola, Rwanda, Sierra Leone, youth militia. More than 50 were ar- opment, said on ‘‘Nightline’’ that recon- and the Democratic Republic of Congo rested, at least 1 killed, and many structing Iraq would cost the American tax- for years—enabling millions of inno- badly beaten. payer just $1.7 billion. Ted Koppel, in dis- cent people to be slaughtered and sup- On this somber anniversary, I appeal belief, pressed Natsios on the question, but porting carnage at unprecedented lev- to political leaders here in the United Natsios stuck to his guns. Others in the ad- ministration, such as Deputy Defense Sec- els. States, in Africa, and around the world retary Paul D. Wolfowitz, hoped that U.S. Bout was able to circumvent both na- to send a strong signal to President partners would chip in, as they had in the tional and international arms controls Mugabe and his supporters that we 1991 Persian Gulf War, or that Iraq’s oil by exploiting holes in the system. De- want to see Zimbabwe recover from its would pay for the damages. spite the arrest warrants, asset freezes, current crisis and we will be watching The end result of all this wishful thinking? and international embargoes, he was as the unprecedented simultaneous As we approach the fifth anniversary of the able to operate with impunity because presidential and legislative general invasion, Iraq is not only the second longest of the lack of concerted international elections are held on March 29. The vio- war in U.S. history (after Vietnam), it is also cooperation within the arms control lent repression, and even coercive har- the second most costly—surpassed only by World War II. and law enforcement arenas. Last assment, we saw in March 2007 is unac- Why doesn’t the public understand the week’s arrest is a testament to the im- ceptable and will have negative con- staggering scale of our expenditures? In part portance of that global cooperation and sequences both internally and exter- because the administration talks only about a reminder that as our world continues nally. the upfront costs, which are mostly handled

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1871 by emergency appropriations. (Iraq funding the underclass a shot at decent lives. Or we The price tag will be all the greater because is apparently still an emergency five years could have tackled the massive problem of we tried to ignore the laws of economics— after the war began.) These costs, by our cal- Social Security, which Bush began his sec- and the cost will grow the longer we remain. culations, are now running at $12 billion a ond term hoping to address; for far, far less f month—$16 billion if you include Afghani- than the cost of the war, we could have en- stan. By the time you add in the costs hidden sured the solvency of Social Security for the DEATHS OF WOMEN IN in the defense budget, the money we’ll have next half a century or more. GUATEMALA to spend to help future veterans, and money Economists used to think that wars were to refurbish a military whose equipment and good for the economy, a notion born out of Mr. BINGAMAN. Mr. President, I materiel have been greatly depleted, the memories of how the massive spending of wish to speak about the tragic deaths total tab to the federal government will al- World War II helped bring the United States of women and girls in Guatemala and most surely exceed $1.5 trillion. and the world out of the Great Depression. to note the passage of a resolution I in- But the costs to our society and economy But we now know far better ways to stimu- troduced that is aimed at enhancing ef- are far greater. When a young soldier is late an economy—ways that quickly improve forts by the Governments of Guate- killed in Iraq or Afghanistan, his or her fam- citizens’ well-being and lay the foundations ily will receive a U.S. government check for mala and the United States to address for future growth. But money spent paying this serious issue. The resolution, S. just $500,000 (combining life insurance with a Nepalese workers in Iraq (or even Iraqi ones) ‘‘death gratuity’’)—far less than the typical doesn’t stimulate the U.S. economy the way Res. 178, which passed the Senate last amount paid by insurance companies for the that money spent at home would—and it cer- night, is cosponsored by Senators death of a young person in a car accident. tainly doesn’t provide the basis for long- Boxer, Casey, Dodd, Durbin, Feingold, The stark ‘‘budgetary cost’’ of $500,000 is term growth the way investments in re- Feinstein, Lautenberg, Leahy, Lincoln, clearly only a fraction of the total cost soci- search, education or infrastructure would. Menendez, Sanders, Smith, and Snowe. ety pays for the loss of life—and no one can Another worry: This war has been particu- ever really compensate the families. More- Mr. President, since 2001 more than larly hard on the economy because it led to 2,000 women and girls have been mur- over, disability pay seldom provides ade- a spike in oil prices. Before the 2003 invasion, quate compensation for wounded troops or oil cost less than $25 a barrel, and futures dered in Guatemala. Although the their families. Indeed, in one out of five markets expected it to remain around there. overall murder rate in the country is cases of seriously injured soldiers, someone (Yes, China and India were growing by leaps extremely troubling, the murder rate in their family has to give up a job to take and bounds, but cheap supplies from the Mid- with regard to women has increased at care of them. dle East were expected to meet their de- an alarming rate it almost doubled But beyond this is the cost to the already mands.) The war changed that equation, and sputtering U.S. economy. All told, the bill from 2001 to 2006. While these killings oil prices recently topped $100 per barrel. may be due to a variety of factors, for the Iraq war is likely to top $3 trillion. While Washington has been spending well And that’s a conservative estimate. beyond its means, others have been saving— what clearly unifies these cases is the President Bush tried to sell the American including the oil-rich countries that, like fact that very few of the perpetrators people on the idea that we could have a war the oil companies, have been among the few have been brought to justice. It is my with little or no economic sacrifice. Even winners of this war. No wonder, then, that understanding that, as of 2006, there after the United States went to war, Bush China, Singapore and many Persian Gulf and Congress cut taxes, especially on the were only 20 convictions for these emirates have become lenders of last resort rich—even though the United States already killings. for troubled Wall Street banks, plowing in had a massive deficit. So the war had to be The general lack of respect for the billions of dollars to shore up Citigroup, Mer- funded by more borrowing. By the end of the rule of law, inadequate legal protec- rill Lynch and other firms that burned their Bush administration, the cost of the wars in fingers on subprime mortgages. How long tions for women, ongoing violence in Iraq and Afghanistan, plus the cumulative the country, corruption, insufficient interest on the increased borrowing used to will it be before the huge sovereign wealth funds controlled by these countries begin resources, substandard investigations, fund them, will have added about $1 trillion and the lack of independent and effec- to the national debt. buying up large shares of other U.S. assets? The long-term burden of paying for the The Bush team, then, is not merely hand- tive judicial and prosecutorial systems, conflicts will curtail the country’s ability to ing over the war to the next administration; all contribute to the inability of the tackle other urgent problems, no matter who it is also bequeathing deep economic prob- Government of Guatemala to hold wins the presidency in November. Our vast lems that have been seriously exacerbated by those responsible for these killings ac- and growing indebtedness inevitably makes reckless war financing. We face an economic downturn that’s likely to be the worst in countable for their crimes. The result it harder to afford new health-care plans, is a sense of impunity for crimes make large-scale repairs to crumbling roads more than a quarter-century. and bridges, or build better-equipped schools. Until recently, many marveled at the way against women in the country. Already, the escalating cost of the wars has the United States could spend hundreds of The Government of Guatemala has crowded out spending on virtually all other billions of dollars on oil and blow through taken some steps to address these discretionary federal programs, including hundreds of billions more in Iraq with what killings. Guatemala has created special the National Institutes of Health, the Food seemed to be strikingly little short-run im- police and prosecutorial units to inves- and Drug Administration, the Environ- pact on the economy. But there’s no great mystery here. The economy’s weaknesses tigate these murders and repealed the mental Protection Agency, and federal aid to so-called ‘‘Rape Law’’ which had ab- states and cities, all of which have been were concealed by the Federal Reserve, scaled back significantly since the invasion which pumped in liquidity, and by regulators solved perpetrators of criminal respon- of Iraq. that looked away as loans were handed out sibility for rape upon the perpetrator’s To make matters worse, the U.S. economy well beyond borrowers’ ability to repay marriage with the victim. The Govern- is facing a recession. But our ability to im- them. Meanwhile, banks and credit-rating ment also entered into an agreement plement a truly effective economic-stimulus agencies pretended that financial alchemy with the United Nations to establish package is crimped by expenditures of close could convert bad mortgages into AAA as- the International Commission Against sets, and the Fed looked the other way as the to $200 billion on the two wars this year Impunity in Guatemala, CICIG, which alone and by a skyrocketing national debt. U.S. household-savings rate plummeted to The United States is a rich and strong zero. has a mandate to investigate and pros- country, but even rich and strong countries It’s a bleak picture. The total loss from ecute illegal security groups operating squander trillions of dollars at their peril. this economic downturn—measured by the with impunity. And Guatemala estab- Think what a difference $3 trillion could disparity between the economy’s actual out- lished the National Institute for Foren- make for so many of the United States’—or put and its potential output—is likely to be sic Sciences to improve investigatory the world’s—problems. We could have had a the greatest since the Great Depression. and evidence gathering efforts. That total, itself well in excess of $1 trillion, Marshall Plan to help desperately poor coun- The resolution the Senate passed last tries, winning the hearts and maybe the is not included in our estimated $3 trillion minds of Muslim nations now gripped by cost of the war. night is aimed at raising awareness of anti-Americanism. In a world with millions Others will have to work out the geo- this issue and encouraging the Govern- of illiterate children, we could have achieved politics, but the economics here are clear. ments of Guatemala and the United literacy for all—for less than the price of a Ending the war, or at least moving rapidly States to work together to stop these month’s combat in Iraq. We worry about Chi- to wind it down, would yield major economic killings. Among other things, the reso- na’s growing influence in Africa, but the up- dividends. lution: condemns these murders and As we head toward November, opinion polls front cost of a month of fighting in Iraq expresses the sympathy of the Senate would pay for more than doubling our annual say that voters’ main worry is now the econ- current aid spending on Africa. omy, not the war. But there’s no way to dis- to the families of women and girls mur- Closer to home, we could have funded entangle the two. The United States will be dered in Guatemala; encourages the countless schools to give children locked in paying the price of Iraq for decades to come. Government of Guatemala to act

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1872 CONGRESSIONAL RECORD — SENATE March 11, 2008 with due diligence in investigating and The last time the FCC tried to do ADDITIONAL STATEMENTS prosecuting those responsible for these this, the U.S. Senate voted to block it. crimes; urges the Government of Gua- On September 16, 2003, the Senate temala to strengthen domestic vio- voted 55 to 40 to support a ‘‘resolution HONORING JERRY BUTKIEWICZ lence laws and to provide adequate of disapproval’’ of the FCC’s previous ∑ Mrs. BOXER. Mr. President, today I resources necessary to improve the in- decision to further consolidate media. wish to honor Jerry Butkiewicz, a tegrity of the prosecutorial and judi- We warned Chairman Martin that if he labor leader in San Diego who recently cial systems; urges the President and rushed this vote we would have to use retired as secretary-treasurer of the the Secretary of State to incorporate the resolution of disapproval again. San Diego Imperial Counties Labor this issue into the bilateral agenda be- Council. He has devoted the past 30 tween the Governments of Guatemala On December 4th the Commerce years to improving the quality of life and the United States; and encourages Committee reported out the bipartisan for all people. the Secretary of State to provide as- ‘‘Media Ownership Act of 2007,’’ S. 2332 In 1975, Jerry Butkiewicz joined the sistance in training and equipping spe- with 25 co-sponsors, requiring the FCC American Postal Workers Union, cial police units to investigate these to give more time for public comment APWU, in Phoenix, AZ. He became crimes, implementing judicial reforms and study the issues of localism and di- shop steward and within a few years and rule of law programs, establishing versity. The Chairman overlooked this rose to president of the local. Five a missing persons system, creating an bill. years later, attracted by the beautiful effective witness protection program, On the day before the vote, 27 Sen- weather in California, Jerry and supporting efforts to enhance fo- ators sent them a letter in opposition Butkiewicz and his family moved to rensic capabilities. to such a rushed vote on the rules. He Oceanside in San Diego where he con- Mr. President, I believe it is very im- tinued to work for the U.S. Postal went ahead anyway. portant to give this issue the attention Service. Shortly after his arrival, he it deserves. Last year, the House of The FCC rushed towards a December was elected president of the APWU in Representatives passed a similar meas- 18th vote with a complete disregard for Oceanside. In 1981, the San Diego Impe- ure, which was introduced by Congress- the process, let alone the substance of rial Counties Labor Council selected woman SOLIS. With passage of this res- their ruling. him as their liaison between organized olution, I am very pleased that the They rushed to finish the localism labor and the United Way of San Diego Senate has spoken regarding the need and ownership hearings with as little County. to stop these senseless killings. Elected secretary-treasurer in 1996, as 5 business days of notice before the Jerry Butkiewicz led the Labor Council f last hearings. with compassion, practicality, and a JOINT RESOLUTION DIS- The Chairman put out the proposed tireless work ethic until January 2008. APPROVING THE FCC MEDIA rule changes on November 13th in a Over his 12 years as secretary-treas- OWNERSHIP RULE New York Times op-ed—after the com- urer, he worked to grow and strengthen Mr. DORGAN. Mr. President, on ment period had closed. the labor movement in San Diego. March 5, 2008, I introduced a joint reso- He then didn’t give the public nearly Through his efforts, the Labor Council lution of disapproval stating that the enough opportunity to comment on the has improved the lives of countless San December 18, 2007, vote by the Federal actual rule changes that were voted on. Diegans. Jerry was active in the San Communications Commission to loosen Diego Greater Chamber of Commerce, the ban on cross-ownership of news- He gave the public just 28 days to com- ment on the proposed rules. While he the United Way of San Diego, the San papers and broadcast stations shall Diego Workforce Partnership, the En- likes to speak of giving 120 days and six have no force or effect. I am joined by vironmental Health Coalition, and the hearings around the country, this was Senators SNOWE, KERRY, COLLINS, State Workforce Investment Board. prior to the announcement of what DODD, STEVENS, OBAMA, HARKIN, CLIN- Jerry Butkiewicz has worked tire- TON, CANTWELL, BIDEN, REED, FEIN- rules would actually change. And he ig- lessly to provide all Californians with a STEIN, SANDERS, TESTER, LEAHY, FEIN- nored the public testimony anyway. fair wage, affordable health care, and a GOLD, and BOXER. We seek with this This was hardly an open and delib- safe working environment. His service resolution of disapproval to reverse the erative process. It is a massive rush to the working families of San Diego Federal Communications Commis- and a big mistake. has been an invaluable contribution to sion’s, FCC, fast march to ease media This rule will undercut localism and all who live in San Diego and Cali- ownership rules. diversity of ownership around the fornia. The FCC has taken a series of de- I congratulate Jerry Butkiewicz on country. Studies show that removing structive actions in the past two dec- his retirement, and wish him continued ades that I believe have undermined the ban on newspaper/broadcast cross- success in his future endeavors.∑ ownership results in a net loss in the the public interest. On December 18, f 2007, they took yet another step in the amount of local news produced in the wrong direction. They gave a further market as a whole. In addition, while 50TH ANNIVERSARY OF LAS green light to media concentration. the FCC suggests that cross-ownership TRAMPAS The FCC voted to allow cross-owner- is necessary to save failing newspapers, ∑ Mrs. BOXER. Mr. President, I take ship of newspapers and broadcast sta- the publicly traded newspapers earn this opportunity to recognize the 50th tions in the top 20 markets, with loop- annual rates of return between 16 and anniversary of Las Trampas, a non- holes for mergers outside of the top 20 18 percent. profit organization dedicated to sup- markets. The newspapers would be al- This Resolution of Disapproval will porting adults with developmental dis- lowed to buy stations ranked above ensure this rule change has no effect. abilities located in Contra Costa Coun- fifth and above. This is again a bipartisan effort to stop ty. The rule change was framed as a the FCC from destroying the local in- Founded in 1958 in Lafayette, CA, Las Trampas has grown to include four modest compromise. But make no mis- terests that we have always felt must take, this is a big deal. As much as 44 State-licensed group residential homes be a part of broadcasting. percent of the population lives in the throughout Contra Costa County. top 20 markets of the United States. It is time to ensure that we first pro- Through the work of its staff, volun- When nearly half of the people in this tect localism and diversity, which the teers, and board of directors, Las country are told that in their cities FCC appears to have long forgotten. Trampas actively assists adults with and towns the media will get the Only then can we really review the developmental disabilities to discover thumbs up to consolidate, they will not rules of media ownership in a thorough their capabilities so that they may live be happy. And with the loopholes in process to see if it is actually in the their lives as independently as possible. the rule, the FCC spurs a new wave of public interest to reverse any of those Las Trampas is committed to helping media consolidation in both large and rules, or if greater public interest pro- each of its clients succeed in all as- small media markets. tections are necessary. pects of daily living. It offers programs

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1873 that emphasize a life-long educational legal support, career assistance, coun- Since that time, Chaffey College has process, including self-advocacy skills, seling, and a telephone hotline. All of continued in its legacy of expansion, risk evaluation, emotion management, these programs are designed to support and it has taken great strides to pro- and clear communication skills. Two the needs of women and families coping vide increased opportunities for higher programs of note include the Adult Vo- with domestic violence and homeless- education throughout the region. It cational Program and the Adult Devel- ness. has developed satellite campus facili- opment Program. The Adult Voca- Through a variety of programs such ties in Ontario, Fontana and Chino. tional Program provides employment as Becky’s House emergency shelter The education center in Chino is the services and skills development, and the YWCA of San Diego County is able only community college facility in has helped many Las Trampas clients to offer confidential, transitional hous- California that is dedicated solely to gain employment with local businesses. ing for victims of domestic violence information technology. And in May The Adult Development Program ca- and their children. Various services 2007, Chaffey College was able to dedi- ters to small groups and highlights like, legal assistance and counseling is cate six new buildings, including four educational development in the areas provided to the residents of the emer- science and technology buildings, the of daily living tasks, communications, gency shelter. After the residents com- Don Berz Excellence Building, and the social interaction, and employment. plete a 30 day stay at the shelter they Kane Center for Student Services and Most importantly, Las Trampas works are given the opportunity to complete Administration. Today, Chaffey Col- with every person to help them prac- an 18-month residential program at lege offers a wide variety of both aca- tice each of these skills in real life sit- Becky’s House. This program provides demic and vocational education uations. legal assistance, educational and ca- courses to over 18,000 students, helping The support services and programs reer counseling, case management, and an entire region of students through- provided by Las Trampas offer those educational and play activities for the out multiple communities find a com- with developmental disabilities the op- children of the women in the program. petitive edge in the global market- portunity to turn the dream of full in- More than 70 percent of the 2,000 indi- place. As Chaffey College celebrates 125 clusion in the community into a re- viduals the YWCA of San Diego County years of growth and development in ality. I commend the Las Trampas serve each year are able to obtain em- serving the communities of southern staff and volunteers for their dedicated ployment and permanent housing, so California, I am pleased to ask my col- work in assisting adults with develop- that the individual can sustain a se- leagues to recognize its accomplish- mental disabilities lead fuller lives in cure, independent way of life. YWCA of San Diego County has set a ments. The success of our Nation and their home, at work, and in the com- wonderful example of philanthropy, of future generations of Americans will munity. civic service, and altruism for the com- be ensured by the continuing dedica- I congratulate Las Trampas for its munity at large. Organizations such as tion and commitment of educational dedicated work on this special occa- the YWCA should be recognized for the institutions such as Chaffey College.∑ sion, and I send my best wishes for critical role they play in strengthening many future successes over the next 50 f women and families in California and years.∑ the United States of America. I salute TRIBUTE TO DR. PATRICIA f the men and women of YWCA for their SANDERS 100TH ANNIVERSARY OF THE continuous commitment to the better- ∑ Mr. SESSIONS. Mr. President, on the YWCA OF SAN DIEGO COUNTY ment of women and families in crisis occasion of her retirement from the ∑ and efforts to enrich the broader San Department of Defense, I wish to recog- Mrs. BOXER. Mr. President, I ask my nize Dr. Patricia Sanders for her nearly colleagues to recognize the 100th anni- Diego community. I congratulate the YWCA of San 35 years of dedicated service to the se- versary of the YWCA of San Diego Diego County on the celebration of its curity of our country. In her most re- County. On Tuesday, March 11, 2008, 100th anniversary. I wish them contin- cent assignment, she served as Execu- YWCA of San Diego County and com- ued success.∑ tive Director at the Missile Defense munity members will gather to cele- f Agency, where she advised the Director brate this momentous occasion. on issues related to the management The YWCA is the largest and oldest RECOGNIZING CHAFFEY COLLEGE and operations of one of the most dy- multicultural women’s organization in ON ITS 125TH ANNIVERSARY namic organizations within the Depart- the world. The YWCA was formed in ∑ Mrs. BOXER. Mr. President, I ask my ment of Defense. Dr. Sanders has made 1855 in London by Emma Robarts and colleagues to join me in recognizing an enormous contribution to the suc- Mrs. Arthur Kinnaird. The YWCA later Chaffey College as it celebrates its cessful development and fielding of a expanded to the United States in 1858 125th anniversary. Throughout the past defense to protect a nation, American in New York and Boston. Today it 125 years, the students, faculty, staff, troops deployed abroad, and our allies serves as the largest organization dedi- and community have worked diligently and friends from attack by ballistic cated to empowering women and pro- to make Chaffey College a hallmark in- missiles. vide an important voice for women at stitution of higher learning in southern Dr. Sanders graduated as a National local, state, and international levels. California. Science Foundation Fellow from YWCA of San Diego County is one of In March 1883, brothers and engineers Wayne State University in 1972 with a 300 local associations in the United George and William Chaffey donated doctorate in mathematics, where she States. land and established an endowment for also was educated in economics, orga- YWCA of San Diego County was for- a private college to provide quality nizational management, and other dis- mally incorporated in 1908. For the education to the citrus growing com- ciplines. She went on to hold several past 100 years, YWCA has been a cham- munities between the cities of Los An- university faculty positions. It is to pion in the community on behalf of geles and San Bernardino. The Chaffey our great benefit, though, that Dr. women and families who escape home- brothers envisioned access to higher Sanders decided to pursue a career in lessness and domestic violence. The education throughout southern Cali- government. mission of YWCA ‘‘is to increase safe- fornia for a burgeoning population, Her service within the Department of ty, promote healing, foster empower- which would soon be realized by the dy- Defense as a member of the test and ment, and give hope to women and namic growth of the college. The pri- evaluation community has been exten- families through innovative programs’’ vate school was initially founded as the sive. Prior positions in the Office of the and services. Chaffey College of Agriculture as part Secretary of Defense included serving The dedication of the YWCA to its of the University of Southern Cali- as the Director of Land Forces in the mission is displayed through the pro- fornia. A short time later the college Office of the Assistant Secretary of De- grams and services that the YWCA pro- had an enrollment of 100 students and fense for Program Analysis and Eval- vides. These programs and services in- began to receive joint funding through uation and as Staff Specialist for the clude residential programs like transi- the local school district, allowing a pe- Director of Operational Test and Eval- tional housing and emergency shelter, riod of dramatic growth to begin. uation. Dr. Sanders served as Deputy

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1874 CONGRESSIONAL RECORD — SENATE March 11, 2008 Director for Analysis with the U.S. ers coordinated the Agency’s actions and service are well known throughout Space Command, Science Adviser to during this crisis and established a the Department. I am honored and the Command, Control, Communica- dedicated crisis action team of highly proud to enter this tribute to Dr. Patri- tions and Countermeasures Joint Test trained staff to provide situation cia Sanders into the official record. On Force, and Chief of Modeling and Sim- awareness to the President, combatant behalf of all my colleagues, and with ulation and Technical Advisor to the commanders, and the entire missile de- deep gratitude in my heart, I wish her Electronics Systems Division at the fense developer community. She edu- the best as she embarks on the next Air Force Operational Test and Evalua- cated senior military and civilian deci- journey in her life.∑ tion Center. sionmakers on the capabilities afforded f Dr. Sanders has extensive experience by the deployed elements of the system MESSAGES FROM THE PRESIDENT as a member of the Department’s sen- so that the Nation’s plans to deal with ior executive service. Before coming to the crisis were based on accurate and Messages from the President of the the Missile Defense Agency, she was timely information. United States were communicated to the Director for Test, Systems Engi- As the Agency’s senior leader dealing the Senate by Mrs. Neiman, one of his neering and Evaluation in the Office of with operational and management secretaries. the Under Secretary of Defense for Ac- functions, Dr. Sanders impacted the f quisition and Technology, responsible Agency’s operations on a daily basis. EXECUTIVE MESSAGES REFERRED She served as a senior interlocutor for ensuring the integration of all engi- As in executive session the Presiding neering disciplines into the system ac- with all external defense agencies, the Services, and Members of Congress. Officer laid before the Senate messages quisition process, providing technical from the President of the United The Agency’s senior civilian, she was risk assessments and oversight of de- States submitting sundry nominations also the final arbiter of all issues re- velopmental test and evaluation for which were referred to the appropriate lated to personnel administration and many of the weapon systems used by committees. our Armed Forces today. development, directing and managing a (The nominations received today are Dr. Sanders held numerous positions diverse staff spanning seventeen time printed at the end of the Senate pro- within the Missile Defense Agency and zones. In just the last 2 years, the ceedings.) its predecessor organization, the Bal- Agency underwent a conversion to the f listic Missile Defense Organization. new National Security Personnel Sys- She came to the Ballistic Missile De- tem and made plans to execute a Base REPORT ON THE CONTINUATION fense Organization in 1999 to be the Realignment to Huntsville, AL, by OF THE NATIONAL EMERGENCY Deputy for Test, Simulation and Eval- 2011. To help the Agency weather this THAT WAS DECLARED ON uation. In this position, she was also challenging period, Dr. Sanders insti- MARCH 15, 1995, WITH RESPECT the senior technical advisor to the Di- tuted several major efforts in strategic TO IRAN—PM 41 rector. She served in this capacity human capital planning. She restruc- The PRESIDING OFFICER laid be- until the Secretary of Defense gave the tured the Agency’s strategic mission fore the Senate the following message missile defense program a new direc- planning and communications activity, from the President of the United tion. directing a much-needed overhaul of States, together with an accompanying In early 2002, the start of one of the long-range congressional and public af- report; which was referred to the Com- most dynamic periods in the Agency’s fairs strategies. She also created and mittee on Banking, Housing, and history, and shortly after the Missile chaired a Base Realignment and Clo- Urban Affairs: Defense Agency was established, Dr. sure Panel to develop strategies for the To the Congress of the United States: Sanders was appointed the Deputy Di- transition to Huntsville and estab- The crisis between the United States rector for Ballistic Missile Defense lished working relationships with local and Iran constituted by the actions and System Integration. She played a crit- officials in northern Alabama and with policies of the Government of Iran that ical role in managing the development the Tennessee Valley Association. As a led to the declaration of a national and fielding of an integrated missile direct result of her leadership, the emergency on March 15, 1995, has not defense system. Dr. Sanders played an Agency has received more volunteers been resolved. The actions and policies instrumental role in developing the for relocation than anticipated. of the Government of Iran are contrary concept for the Ballistic Missile De- For many years now Dr. Sanders has to the interests of the United States in fense System and advising Department been a fellow of the American Institute the region and pose a continuing un- leaders on the authorities and respon- of Aeronautics and Astronautics and, usual and extraordinary threat to the sibilities required to develop and field at one point, served as chair of AIAA’s national security, foreign policy, and an effective missile defense system. Flight Test Technical Committee. She economy of the United States. Iran re- As Executive Director, a role she as- is a past president of the International mains the world’s most active state sumed in 2005, Dr. Sanders advised the Test and Evaluation Association and sponsor of terrorism, and continues to Director on issues related to Agency has served on the board of directors for provide lethal support to Lebanese management and operations. She also the Military Operations Research Soci- Hizballah, HAMAS, Palestinian Islamic took on numerous tasks delegated by ety. She also has devoted significant Jihad and numerous other terrorist or- the Director such as directing the de- time to mentoring future Defense De- ganizations in the region, as well as to velopment of strategic communica- partment civilian leaders. Throughout the Taliban in Afghanistan and various tions campaign plans. Perhaps the her career, Dr Sanders has been a Iraqi militant groups. For these rea- most striking example of this came in champion of diversity and has been sons, I have determined that it is nec- the U.S. Government’s European Site dedicated to recruitment and retention essary to continue the national emer- Initiative, where her vision for and of young professionals in the Federal gency declared with respect to Iran and guidance to this endeavor contributed Government. She has been a dedicated maintain in force comprehensive sanc- to the development of a broad con- mentor to women in the engineering tions against Iran to respond to this sensus among national leaders, com- field and has been a role model and threat. batant commanders, and the inter- pathfinder for women in defense. In ad- Section 202(d) of the National Emer- national communities on the growing dition, while at MDA, Dr. Sanders in- gencies Act (50 U.S.C. 1622(d)) provides need to establish a long-range missile stituted a mentoring program for de- for the automatic termination of a na- defense capability in Europe. Dr. Sand- fense acquisition professionals, estab- tional emergency unless, prior to the ers also helped to realize important co- lished an active career intern program anniversary date of its declaration, the operative agreements with Japan and and a Presidential management fellow- President publishes in the Federal Reg- Israel, which today are helping con- ship program. ister and transmits to the Congress a tribute to a truly worldwide ballistic Dr. Patricia Sanders has consistently notice stating that the emergency is to missile defense capability. exemplified the finest attributes of a continue in effect beyond the anniver- During North Korea’s provocative senior executive dedicated to public sary date. In accordance with this pro- missile launches in July 2006, Dr. Sand- service. Her contributions, leadership, vision, I have sent the enclosed notice

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1875 to the Federal Register for publication, MEASURES REFERRED tion, Bureau of Industry and Security, De- partment of Commerce, transmitting, pursu- stating that the Iran emergency de- The following bills were read the first clared on March 15, 1995, is to continue ant to law, the report of a rule entitled ‘‘Ex- and the second times by unanimous panded Authorization for Temporary Exports in effect beyond March 15, 2008. consent, and referred as indicated: and Reexports of Tools of Trade to Sudan’’ GEORGE W. BUSH. H.R. 3196. An act to designate the facility (RIN0694–AE20) received on March 6, 2008; to THE WHITE HOUSE, March 11, 2008. of the United States Postal Service located the Committee on Banking, Housing, and at 20 Sussex Street in Port Jervis, New York, Urban Affairs. f as the ‘‘E. Arthur Gray Post Office Build- EC–5360. A communication from the Regu- ing’’; to the Committee on Homeland Secu- latory Specialist, Office of the Comptroller of the Currency, Department of the Treas- MESSAGES FROM THE HOUSE rity and Governmental Affairs. ury, transmitting, pursuant to law, the re- H.R. 4166. An act to designate the facility At 10:03 a.m., a message from the port of a rule entitled ‘‘Securities Offering of the United States Postal Service located House of Representatives, delivered by Disclosure Rules’’ (RIN1557–AD04) received at 701 East Copeland Drive in Lebanon, Mis- Mrs. Cole, one of its reading clerks, an- on March 6, 2008; to the Committee on Bank- souri, as the ‘‘Steve W. Allee Carrier ing, Housing, and Urban Affairs. nounced that the House has agreed to Annex’’; to the Committee on Homeland Se- the following concurrent resolutions, EC–5361. A communication from the Acting curity and Governmental Affairs. Administrator, Federal Aviation Adminis- in which it requests the concurrence of f tration, Department of Transportation, the Senate: transmitting, pursuant to law, the Adminis- H. Con. Res. 306. Concurrent resolution per- MEASURES PLACED ON THE tration’s Capital Investment Plan for fiscal mitting the use of the Rotunda of the Cap- CALENDAR year 2009 through fiscal year 2013; to the itol for a ceremony as part of the commemo- The following bills were read the sec- Committee on Commerce, Science, and ration of the days of remembrance of victims ond time, and placed on the calendar: Transportation. of the Holocaust. EC–5362. A communication from the Dep- H. Con. Res. 313. Concurrent resolution au- S. 2738. A bill to identify and remove crimi- uty Assistant Administrator for Regulatory thorizing the use of the rotunda of the Cap- nal aliens incarcerated in correctional facili- Programs, National Marine Fisheries Serv- itol for a ceremony to honor the 5 years of ties in the United States and for other pur- ice, Department of Commerce, transmitting, service and sacrifice of our troops and their poses. pursuant to law, the report of a rule entitled families in the war in Iraq and to remember S. 2739. A bill to authorize certain pro- ‘‘Revisions to the Aleutian Islands Habitat those who are serving our Nation in Afghani- grams and activities in the Department of Conservation Area’’ (RIN0648–AV62) received stan and throughout the world. the Interior, the Forest Service, and the De- on March 6, 2008; to the Committee on Com- partment of Energy, to implement further merce, Science, and Transportation. the Act approving the Covenant to Establish EC–5363. A communication from the Acting At 2:37 p.m., a message from the Director, Office of Sustainable Fisheries, De- House of Representatives, delivered by a Commonwealth of the Northern Mariana Islands in Political Union with the United partment of Commerce, transmitting, pursu- Mrs. Cole, one of its reading clerks, an- States of America, to amend the Compact of ant to law, the report of a rule entitled nounced that the House has passed the Free Association Amendments Act of 2003, ‘‘Fisheries of the Exclusive Economic Zone following bills, in which it requests the and for other purposes. Off Alaska; Pacific Cod by Non-American concurrence of the Senate: Fisheries Act Crab Vessels Catching Pacific f Cod for Processing by the Inshore Compo- H.R. 3196. An act to designate the facility nent in the Central Regulatory Area of the of the United States Postal Service located EXECUTIVE AND OTHER COMMUNICATIONS Gulf of Alaska’’ (RIN0648–XF57) received on at 20 Sussex Street in Port Jervis, New York, March 6, 2008; to the Committee on Com- as the ‘‘E. Arthur Gray Post Office Build- The following communications were merce, Science, and Transportation. ing’’. laid before the Senate, together with EC–5364. A communication from the Acting H.R. 4166. An act to designate the facility accompanying papers, reports, and doc- Director, Office of Sustainable Fisheries, De- of the United States Postal Service located partment of Commerce, transmitting, pursu- at 701 East Copeland Drive in Lebanon, Mis- uments, and were referred as indicated: ant to law, the report of a rule entitled souri, as the ‘‘Steve W. Allee Carrier EC–5354. A communication from the Under ‘‘Fisheries of the Exclusive Economic Zone Annex’’. Secretary of Defense (Personnel and Readi- Off Alaska; Atka Mackerel in the Bering Sea ness), transmitting, a report on the approved and Aleutian Islands Management Area’’ f retirement of Lieutenant General Daniel P. (RIN0648–XD68) received on March 6, 2008; to Leaf, United States Air Force, and his ad- the Committee on Commerce, Science, and ENROLLED JOINT RESOLUTION vancement to the grade of lieutenant general Transportation. SIGNED on the retired list; to the Committee on EC–5365. A communication from the Direc- Armed Services. tor, Office of Sustainable Fisheries, Depart- The President pro tempore (Mr. EC–5355. A communication from the Direc- ment of Commerce, transmitting, pursuant BYRD) announced that on today, March tor, Defense Procurement and Acquisition to law, the report of a rule entitled ‘‘Fish- 11, 2008, he had signed the following en- Policy, Department of Defense, transmit- eries of the Exclusive Economic Zone Off ting, pursuant to law, the report of a rule en- Alaska; Pacific Cod by Catcher Vessels Less rolled joint resolution, previously Than 60 Feet LOA Using Jig or Hook-and- signed by the Speaker of the House: titled ‘‘Codification and Modification of Berry Amendment’’ (DFARS Case 2002–D002) Line Gear in the Bogoslof Pacific Cod Ex- S.J. Res. 25. Joint resolution providing for received on March 6, 2008; to the Committee emption Area in the Bering Sea and Aleutian the appointment of John W. McCarter as a on Armed Services. Islands Management Area’’ (RIN0648–XF62) citizen regent of the Board of Regents of the EC–5356. A communication from the Assist- received on March 6, 2008; to the Committee Smithsonian Institution. ant Secretary of the Navy (Installations and on Commerce, Science, and Transportation. EC–5366. A communication from the Sec- Environment), transmitting, pursuant to retary of Transportation, transmitting, the At 7:43 p.m., a message from the law, a report relative to the Department’s report of proposed legislation intended to House of Representatives, delivered by decision to conduct a streamlined A–76 com- allow a State to use funds to promote the Mrs. Cole, one of its reading clerks, an- petition of aircraft maintenance; to the use of motorcycle helmets; to the Committee Committee on Armed Services. nounced that the House having pro- on Commerce, Science, and Transportation. ceeded to reconsider the bill (H.R. 2082) EC–5357. A communication from the Under EC–5367. A communication from the Acting to authorize appropriations for fiscal Secretary of Defense (Acquisition, Tech- Assistant Administrator for Fisheries, Na- year 2008 for intelligence and intel- nology and Logistics), transmitting, pursu- tional Oceanic and Atmospheric Administra- ant to law, a report relative to the waiver of tion, Department of Commerce, transmit- ligence-related activities of the United the requirement for full-up system-level live States Government, the Community ting, pursuant to law, a report relative to fire testing relative to the KC–X; to the the disclosure of financial interest and Management Account, and the Central Committee on Armed Services. recusal requirements; to the Committee on Intelligence Agency Retirement and EC–5358. A communication from the Prin- Commerce, Science, and Transportation. Disability System, and for other pur- cipal Deputy, Defense Research and Engi- EC–5368. A communication from the Sec- poses, returned by the President of the neering, Department of Defense, transmit- retary of Energy, transmitting, proposed leg- United States with his objections, to ting, pursuant to law, an annual report rel- islation to authorize the Secretary to accept the House of Representatives, in which ative to the activities of the Defense Produc- funds for use in Russia’s plutonium disposi- tion Act Title III fund for fiscal year 2007; to it originated, it was resolved that the tion program; to the Committee on Energy the Committee on Banking, Housing, and and Natural Resources. said bill do not pass, two-thirds of the Urban Affairs. EC–5369. A communication from the Sec- House of Representatives not agreeing EC–5359. A communication from the Acting retary of Health and Human Services, trans- to pass the same. Assistant Secretary for Export Administra- mitting, pursuant to law, a report relative to

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1876 CONGRESSIONAL RECORD — SENATE March 11, 2008 the activities of the Office of the Medicare Internal Revenue Service, Department of the Arts and Events Establishment Act of 2008’’ Ombudsman; to the Committee on Finance. Treasury, transmitting, pursuant to law, the received on March 6, 2008; to the Committee EC–5370. A communication from the Acting report of a rule entitled ‘‘Voluntary Compli- on Homeland Security and Governmental Af- Chief, Customs and Border Protection, De- ance Initiative Covering Policies of Insur- fairs. partment of Homeland Security, transmit- ance and Reinsurance Issues by Foreign In- EC–5391. A communication from the Chair- ting, pursuant to law, the report of a rule en- surers and Foreign Reinsurers’’ (Announce- man, Council of the District of Columbia, titled ‘‘Addition of Lithuania to the List of ment 2008–18) received on March 6, 2008; to transmitting, pursuant to law, a report on Nations Entitled to Special Tonnage Tax Ex- the Committee on Finance. D.C. Act 17–312 , ‘‘Evictions with Dignity emption’’ (CBP Dec. 08–02) received on March EC–5381. A communication from the Chief Amendment Act of 2008’’ received on March 6, 2008; to the Committee on Finance. of the Publications and Regulations Branch, 6, 2008; to the Committee on Homeland Secu- EC–5371. A communication from the Chief Internal Revenue Service, Department of the rity and Governmental Affairs. of the Publications and Regulations Branch, Treasury, transmitting, pursuant to law, the EC–5392. A communication from the Assist- Internal Revenue Service, Department of the report of a rule entitled ‘‘Revenue Ruling ant Secretary, Office of Legislative Affairs, Treasury, transmitting, pursuant to law, the 2008–15’’ received on March 6, 2008; to the Department of Homeland Security, transmit- report of a rule entitled ‘‘Revenue Proce- Committee on Finance. ting, pursuant to law, a report entitled, ‘‘The dure: National Median Gross Income Figures EC–5382. A communication from the Chief Federal Agency Data Mining Reporting Act for 2008’’ (Rev. Proc. 2008–19) received on of the Publications and Regulations Branch, of 2007’’; to the Committee on Homeland Se- March 6, 2008; to the Committee on Finance. Internal Revenue Service, Department of the curity and Governmental Affairs. EC–5372. A communication from the Chief Treasury, transmitting, pursuant to law, the EC–5393. A communication from the Chair- of the Publications and Regulations Branch, report of a rule entitled ‘‘Diversification Re- man, Railroad Retirement Board, transmit- Internal Revenue Service, Department of the quirements for Variable Annuity, Endow- ting, pursuant to law, an annual report rel- Treasury, transmitting, pursuant to law, the ment, and Life Insurance Contracts’’ ative to the Board’s compliance with the report of a rule entitled ‘‘Amplification of ((RIN1545–BG65) (TD 9385)) received on March Sunshine Act during calendar year 2007; to Notice 2006–27; Certification of Energy Effi- 6, 2008; to the Committee on Finance. the Committee on Homeland Security and cient Home Credit’’ (Notice 2008–35) received EC–5383. A communication from the Assist- Governmental Affairs. on March 6, 2008; to the Committee on Fi- ant Legal Adviser for Treaty Affairs, Depart- nance. ment of State, transmitting, pursuant to the f EC–5373. A communication from the Chief Case-Zablocki Act, 1 U.S.C. 112b, as amended, INTRODUCTION OF BILLS AND of the Publications and Regulations Branch, the report of the texts and background state- JOINT RESOLUTIONS Internal Revenue Service, Department of the ments of international agreements, other Treasury, transmitting, pursuant to law, the than treaties (List 2008–18—2008–20); to the The following bills and joint resolu- report of a rule entitled ‘‘Amplification of Committee on Foreign Relations. tions were introduced, read the first Notice 2006–28; Energy Efficient Home Cred- EC–5384. A communication from the Assist- and second times by unanimous con- it; Manufacture Homes’’ (Notice 2008–36) re- ant Secretary, Office of Legislative Affairs, sent, and referred as indicated: ceived on March 6, 2008; to the Committee on Department of State, transmitting, pursuant By Ms. LANDRIEU: Finance. to law, the certification of a proposed manu- S. 2740. A bill to modify the project area EC–5374. A communication from the Chief facturing license agreement for the export of for the project for navigation, Atchafalaya of the Publications and Regulations Branch, defense articles to the United Kingdom to River, Bayous Chene, Bouef, and Black, Lou- Internal Revenue Service, Department of the support the manufacture of the MX–10205A/ isiana; to the Committee on Environment Treasury, transmitting, pursuant to law, the GRC Applique; to the Committee on Foreign and Public Works. report of a rule entitled ‘‘Herbert V. Kohler, Relations. By Mr. DODD: Jr., et al. v. Commissioner’’ (AOD 2008–9) re- EC–5385. A communication from the Assist- S. 2741. A bill to amend the Internal Rev- ceived on March 6, 2008; to the Committee on ant Secretary, Office of Legislative Affairs, enue Code of 1986 to provide for disability Finance. Department of State, transmitting, pursuant savings accounts, and for other purposes; to EC–5375. A communication from the Chief to law , the certification of a proposed manu- the Committee on Finance. of the Publications and Regulations Branch, facturing license agreement for the export of By Mr. COCHRAN: Internal Revenue Service, Department of the defense articles to the United Kingdom to S. 2742. A bill to reduce the incidence, pro- Treasury, transmitting, pursuant to law, the support the replication of the Quick Fox gression, and impact of diabetes and its com- report of a rule entitled ‘‘2008 Section 280F software object code; to the Committee on plications and establish the position of Na- Automobile Inflation Adjustments’’ (Rev. Foreign Relations. Proc. 2008–22) received on March 6, 2008; to EC–5386. A communication from the Board tional Diabetes Coordinator; to the Com- the Committee on Finance. of Trustees, National Railroad Retirement mittee on Health, Education, Labor, and EC–5376. A communication from the Chief Investment Trust, transmitting, pursuant to Pensions. of the Publications and Regulations Branch, law, an annual report relative to its oper- By Mr. CASEY (for himself and Mr. Internal Revenue Service, Department of the ations and financial condition; to the Com- HATCH): Treasury, transmitting, pursuant to law, the mittee on Health, Education, Labor, and S. 2743. A bill to amend the Internal Rev- report of a rule entitled ‘‘Qualified Films Pensions. enue Code of 1986 to provide for the estab- Under Section 199’’ ((RIN1545–BG33) (TD EC–5387. A communication from the Dep- lishment of financial security accounts for 9384)) received on March 6, 2008; to the Com- uty Director, Pension Benefit Guaranty Cor- the care of family members with disabilities, mittee on Finance. poration, transmitting, pursuant to law, the and for other purposes; to the Committee on EC–5377. A communication from the Chief report of a rule entitled ‘‘Benefits Payable in Finance. of the Publications and Regulations Branch, Terminated Single-Employer Plans; Alloca- By Mr. VOINOVICH: Internal Revenue Service, Department of the tion of Assets in Single-Employer Plans; In- S. 2744. A bill to amend the Workforce In- Treasury, transmitting, pursuant to law, the terest Assumptions for Valuing and Paying vestment Act of 1998 to increase the Nation’s report of a rule entitled ‘‘Guidance Under Benefits’’ (29 CFR Parts 4022 and 4044) re- competitiveness and enhance the workforce Section 1502; Amendment of Meeting Rule ceived on March 6, 2008; to the Committee on investment systems by authorizing the im- for Certain Gains on Member Stock’’ Health, Education, Labor, and Pensions. plementation of Workforce Innovation in Re- ((RIN1545–BH21) (TD 9383)) received on March EC–5388. A communication from the Prin- gional Economic Development plans, the in- 6, 2008; to the Committee on Finance. cipal Deputy Assistant Attorney General, Of- tegration of appropriate programs and re- EC–5378. A communication from the Chief fice of Legislative Affairs, Department of sources as part of such plans, and the provi- of the Publications and Regulations Branch, Justice, transmitting, pursuant to law, a re- sion of supplementary grant assistance and Internal Revenue Service, Department of the port relative to the use of the exemption additional related activities, and for other Treasury, transmitting, pursuant to law, the from the antitrust laws provided by the Pan- purposes; to the Committee on Health, Edu- report of a rule entitled ‘‘Alternative Dis- demic and All-Hazards Preparedness Act; to cation, Labor, and Pensions. ability Mortality Tables’’ (Notice 2008–29) re- the Committee on Health, Education, Labor, f ceived on March 6, 2008; to the Committee on and Pensions. Finance. EC–5389. A communication from the Chair- SUBMISSION OF CONCURRENT AND EC–5379. A communication from the Chief man, Council of the District of Columbia, SENATE RESOLUTIONS of the Publications and Regulations Branch, transmitting, pursuant to law, a report on The following concurrent resolutions Internal Revenue Service, Department of the D.C. Act 17–313 , ‘‘Emergency Medical Serv- Treasury, transmitting, pursuant to law, the ices Improvement Amendment Act of 2008’’ and Senate resolutions were read, and report of a rule entitled ‘‘Guidance on Var- received on March 6, 2008; to the Committee referred (or acted upon), as indicated: ious Distribution Issues Effective in 2008 on Homeland Security and Governmental Af- By Ms. MURKOWSKI (for herself, Mr. under the Pension Protection Act of 2008’’ fairs. TESTER, Mr. SMITH, and Mr. BAUCUS): (Notice 2008–30) received on March 6, 2008; to EC–5390. A communication from the Chair- S. Res. 479. A resolution designating March the Committee on Finance. man, Council of the District of Columbia, 20, 2008, as ‘‘Second Annual National Native EC–5380. A communication from the Chief transmitting, pursuant to law, a report on HIV/AIDS Awareness Day’’; considered and of the Publications and Regulations Branch, D.C. Act 17–292 , ‘‘Commission on Fashion agreed to.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1877 ADDITIONAL COSPONSORS SMITH) was added as a cosponsor of S. S. 2335 S. 22 1848, a bill to amend the Trade Act of At the request of Ms. LANDRIEU, the At the request of Mr. WEBB, the 1974 to address the impact of name of the Senator from Mississippi names of the Senator from Connecticut globalization, to reauthorize trade ad- (Mr. COCHRAN) was added as a cospon- (Mr. DODD) and the Senator from Min- justment assistance, to extend trade sor of S. 2335, a bill to amend the Rob- nesota (Mr. COLEMAN) were added as co- adjustment assistance to service work- ert T. Stafford Disaster Relief and sponsors of S. 22, a bill to amend title ers, communities, firms, and farmers, Emergency Assistance Act to provide 38, United States Code, to establish a and for other purposes. adequate case management services. program of educational assistance for S. 1924 S. 2337 members of the Armed Forces who At the request of Mr. CARDIN, the At the request of Mr. GRASSLEY, the serve in the Armed Forces after Sep- names of the Senator from Illinois (Mr. name of the Senator from South Caro- tember 11, 2001, and for other purposes. DURBIN), the Senator from Rhode Is- lina (Mr. GRAHAM) was added as a co- S. 358 land (Mr. WHITEHOUSE) and the Senator sponsor of S. 2337, a bill to amend the At the request of Ms. SNOWE, the from New Mexico (Mr. BINGAMAN) were Internal Revenue Code of 1986 to allow name of the Senator from Montana added as cosponsors of S. 1924, a bill to long-term care insurance to be offered (Mr. TESTER) was added as a cosponsor amend chapter 81 of title 5, United under cafeteria plans and flexible of S. 358, a bill to prohibit discrimina- States Code, to create a presumption spending arrangements and to provide tion on the basis of genetic informa- that a disability or death of a Federal additional consumer protections for tion with respect to health insurance employee in fire protection activities long-term care insurance. and employment. caused by any of certain diseases is the S. 2523 S. 594 result of the performance of such em- At the request of Mr. KERRY, the At the request of Mrs. FEINSTEIN, the ployee’s duty. name of the Senator from California name of the Senator from Maine (Ms. S. 1995 (Mrs. BOXER) was added as a cosponsor SNOWE) was added as a cosponsor of S. At the request of Mr. SALAZAR, the of S. 2523, a bill to establish the Na- 594, a bill to limit the use, sale, and name of the Senator from Florida (Mr. tional Affordable Housing Trust Fund transfer of cluster munitions. MARTINEZ) was added as a cosponsor of in the Treasury of the United States to S. 755 S. 1995, a bill to amend the Internal provide for the construction, rehabili- At the request of Mr. SCHUMER, the Revenue Code of 1986 to reduce the tax tation, and preservation of decent, name of the Senator from Montana on beer to its pre-1991 level. safe, and affordable housing for low-in- (Mr. TESTER) was added as a cosponsor S. 2004 come families. of S. 755, a bill to amend title XIX of At the request of Mrs. MURRAY, the S. 2550 the Social Security Act to require name of the Senator from Connecticut At the request of Mrs. HUTCHISON, the States to provide diabetes screening (Mr. LIEBERMAN) was added as a co- name of the Senator from Mississippi tests under the Medicaid program for sponsor of S. 2004, a bill to amend title (Mr. COCHRAN) was added as a cospon- adult enrollees with diabetes risk fac- 38, United States Code, to establish epi- sor of S. 2550, a bill to amend title 38, tors, to ensure that States offer a com- lepsy centers of excellence in the Vet- United States Code, to prohibit the prehensive package of benefits under erans Health Administration of the De- Secretary of Veterans Affairs from col- that program for individuals with dia- partment of Veterans Affairs, and for lecting certain debts owed to the betes, and for other purposes. other purposes. United States by members of the S. 988 S. 2123 Armed Forces and veterans who die as At the request of Ms. MIKULSKI, the At the request of Mr. KENNEDY, the a result of an injury incurred or aggra- names of the Senator from Kansas (Mr. names of the Senator from California vated on active duty in a combat zone, BROWNBACK) and the Senator from (Mrs. BOXER) and the Senator from and for other purposes. South Dakota (Mr. JOHNSON) were added as cosponsors of S. 988, a bill to New Mexico (Mr. BINGAMAN) were S. 2575 extend the termination date for the ex- added as cosponsors of S. 2123, a bill to At the request of Mrs. HUTCHISON, the emption of returning workers from the provide collective bargaining rights for name of the Senator from Mississippi numerical limitations for temporary public safety officers employed by (Mr. COCHRAN) was added as a cospon- workers. States or their political subdivisions. sor of S. 2575, a bill to amend title 38, S. 1042 S. 2162 United States Code, to remove certain At the request of Mr. ENZI, the name At the request of Mr. AKAKA, the limitations on the transfer of entitle- of the Senator from Wyoming (Mr. name of the Senator from West Vir- ment to basic educational assistance BARRASSO) was added as a cosponsor of ginia (Mr. ROCKEFELLER) was added as under Montgomery GI Bill, and for S. 1042, a bill to amend the Public a cosponsor of S. 2162, a bill to improve other purposes. Health Service Act to make the provi- the treatment and services provided by S. 2579 sion of technical services for medical the Department of Veterans Affairs to At the request of Mr. INOUYE, the imaging examinations and radiation veterans with post-traumatic stress names of the Senator from West Vir- therapy treatments safer, more accu- disorder and substance use disorders, ginia (Mr. BYRD) and the Senator from rate, and less costly. and for other purposes. Georgia (Mr. ISAKSON) were added as S. 1506 S. 2275 cosponsors of S. 2579, a bill to require At the request of Mr. LAUTENBERG, At the request of Mrs. FEINSTEIN, the the Secretary of the Treasury to mint the name of the Senator from Con- name of the Senator from Massachu- coins in recognition and celebration of necticut (Mr. LIEBERMAN) was added as setts (Mr. KERRY) was added as a co- the establishment of the United States a cosponsor of S. 1506, a bill to amend sponsor of S. 2275, a bill to prohibit the Army in 1775, to honor the American the Federal Water Pollution Control manufacture, sale, or distribution in soldier of both today and yesterday, in Act to modify provisions relating to commerce of certain children’s prod- wartime and in peace, and to com- beach monitoring, and for other pur- ucts and child care articles that con- memorate the traditions, history, and poses. tain phthalates, and for other purposes. heritage of the United States Army S. 1711 S. 2291 and its role in American society, from At the request of Mr. BIDEN, the At the request of Mr. AKAKA, the the colonial period to today. name of the Senator from Illinois (Mr. name of the Senator from Maine (Ms. S. 2586 OBAMA) was added as a cosponsor of S. COLLINS) was added as a cosponsor of S. At the request of Mr. ROCKEFELLER, 1711, a bill to target cocaine kingpins 2291, a bill to enhance citizen access to the name of the Senator from Michigan and address sentencing disparity be- Government information and services (Mr. LEVIN) was added as a cosponsor of tween crack and powder cocaine. by establishing plain language as the S. 2586, a bill to provide States with fis- S. 1848 standard style of Government docu- cal relief through a temporary increase At the request of Mr. BAUCUS, the ments issued to the public, and for in the Federal medical assistance per- name of the Senator from Oregon (Mr. other purposes. centage and direct payments to States.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1878 CONGRESSIONAL RECORD — SENATE March 11, 2008 S. 2606 (Mr. SESSIONS), the Senator from South STATEMENTS ON INTRODUCED At the request of Mr. DODD, the Carolina (Mr. DEMINT), the Senator BILLS AND JOINT RESOLUTIONS names of the Senator from Minnesota from Oklahoma (Mr. INHOFE), the Sen- By Mr. DODD: (Mr. COLEMAN) and the Senator from ator from Oklahoma (Mr. COBURN) and Delaware (Mr. CARPER) were added as the Senator from North Carolina (Mrs. S. 2741. A bill to amend the Internal cosponsors of S. 2606, a bill to reauthor- DOLE) were added as cosponsors of S. Revenue Code of 1986 to provide for dis- ize the United States Fire Administra- 2714, a bill to close the loophole that ability savings accounts, and for other tion, and for other purposes. allowed the 9/11 hijackers to obtain purposes; to the Committee on Fi- S. 2618 credit cards from United States banks nance. At the request of Ms. KLOBUCHAR, the that financed their terrorists activi- Mr. DODD. Mr. President, I rise name of the Senator from New Jersey ties, to ensure that illegal immigrants today to introduce the Disability Sav- (Mr. MENENDEZ) was added as a cospon- cannot obtain credit cards to evade ings Act of 2008. This important legis- sor of S. 2618, a bill to amend the Pub- United States immigration laws, and lation is designed to help individuals lic Health Service Act to provide for for other purposes. with disabilities live full and produc- research with respect to various forms S. 2731 tive lives for all their years. of muscular dystrophy, including Beck- er, congenital, distal, Duchenne, At the request of Mr. BIDEN, the As we all know, disability is a part of Emery-Dreifuss Facioscapulohumeral, name of the Senator from Nebraska human experience. The U.S. Census Bu- limb-girdle, myotonic, and (Mr. HAGEL) was added as a cosponsor reau reports nearly 20 percent of Amer- oculopharyngeal muscular dystrophies. of S. 2731, a bill to authorize appropria- icans have some level of disability S. 2639 tions for fiscal years 2009 through 2013 while 12.5 percent reported a severe dis- At the request of Mr. JOHNSON, the to provide assistance to foreign coun- ability. We should do what we can to name of the Senator from Maine (Ms. tries to combat HIV/AIDS, tuber- make it possible for these Americans COLLINS) was added as a cosponsor of S. culosis, and malaria, and for other pur- to live independently, exert control 2639, a bill to amend title 38, United poses. and choice over their lives, and fully States Code, to provide for an assured S.J. RES. 28 participate in their communities. One adequate level of funding for veterans At the request of Mr. DORGAN, the of the key ways we can accomplish this health care. names of the Senator from California goal is to help individuals with disabil- S. 2657 (Mrs. BOXER) and the Senator from ities and their families save money for At the request of Mr. KERRY, the Wisconsin (Mr. FEINGOLD) were added disability related expenses, especially name of the Senator from Maine (Ms. as cosponsors of S.J. Res. 28, a joint those expected over the course of full SNOWE) was added as a cosponsor of S. resolution disapproving the rule sub- life. 2657, a bill to require the Secretary of mitted by the Federal Communications Over the years, Congress has pro- Commerce to prescribe regulations to Commission with respect to broadcast vided incentives to American families reduce the incidence of vessels col- media ownership. to save for various long term goals: liding with North Atlantic right whales S. RES. 118 college education, home ownership, and by limiting the speed of vessels, and for retirement. These incentives have other purposes. At the request of Mr. LEVIN, the name of the Senator from Hawaii (Mr. given families the tools to help their S. 2668 AKAKA) was added as a cosponsor of S. children, well after they have left the At the request of Mr. KERRY, the home. names of the Senator from New York Res. 118, a resolution urging the Gov- ernment of Canada to end the commer- But for families who have a child (Mr. SCHUMER) and the Senator from cial seal hunt. with a disability, particularly a cog- Kentucky (Mr. BUNNING) were added as cosponsors of S. 2668, a bill to amend S. RES. 138 nitive disability, these goals may not the Internal Revenue Code of 1986 to re- At the request of Mr. SALAZAR, the match their needs. Many of these chil- move cell phones from listed property name of the Senator from Vermont dren will depend on Medicaid, Social under section 280F. (Mr. LEAHY) was added as a cosponsor Security Disability Insurance, and Supplemental Security Income. They S. 2701 of S. Res. 138, a resolution honoring the At the request of Mr. NELSON of Ne- accomplishments and legacy of Cesar cannot risk losing these benefits. And braska, the name of the Senator from Estrada Chavez. they may never get to the point where they can consider college or home own- Nebraska (Mr. HAGEL) was added as a S. RES. 390 ership. cosponsor of S. 2701, a bill to direct the At the request of Mr. KOHL, the name Secretary of Veterans Affairs to estab- of the Senator from Georgia (Mr. These individuals will frequently lish a national cemetery in the eastern CHAMBLISS) was added as a cosponsor of incur significant additional costs re- Nebraska region to serve veterans in S. Res. 390, a resolution designating lated to services and supports nec- the eastern Nebraska and western Iowa March 11, 2008, as National Funeral Di- essary to maintain health and inde- regions. rector and Mortician Recognition Day. pendence. Parents also have to worry S. 2703 about what will happen to their chil- S. RES. 476 At the request of Mrs. DOLE, the dren after they are gone. name of the Senator from Louisiana At the request of Mr. NELSON of Flor- ida, his name was added as a cosponsor The World Institute on Disability re- (Ms. LANDRIEU) was added as a cospon- ports that over 1/3 of adults with dis- sor of S. 2703, a bill to reduce the re- of S. Res. 476, a resolution designating March 25, 2008, as ‘‘Greek Independence abilities live in households with in- porting and certification burdens for come of $15,000 or less. According to certain financial institutions of sec- Day: A National Day of Celebration of Greek and American Democracy’’. the 2005 American Community Survey, tions 302 and 404 of the Sarbanes-Oxley median earnings for individuals with AMENDMENT NO. 4148 Act of 2002. disabilities were a little more than half S. 2713 At the request of Mr. KENNEDY, the of the median income of those without At the request of Mr. VITTER, the names of the Senator from Connecticut disabilities. names of the Senator from Alabama (Mr. DODD), the Senator from Maryland (Mr. SESSIONS), the Senator from South (Ms. MIKULSKI), the Senator from New It is common for families to provide Carolina (Mr. DEMINT), the Senator York (Mrs. CLINTON), the Senator from for individuals with significant disabil- from Oklahoma (Mr. INHOFE) and the New Jersey (Mr. MENENDEZ) and the ities who cannot support themselves. Senator from Oklahoma (Mr. COBURN) Senator from New York (Mr. SCHUMER) These families often do this at great were added as cosponsors of S. 2713, a were added as cosponsors of amend- cost to themselves both financially and bill to prohibit appropriated funds from ment No. 4148 intended to be proposed emotionally. They do it out of love, being used in contravention of section to S. Con. Res. 70, an original concur- and they do not ask to be relieved of 642(a) of the Illegal Immigration Re- rent resolution setting forth the con- their burdens. But they are hoping that form and Immigrant Responsibility gressional budget for the United States we can provide the tools to help them Act of 1996. Government for fiscal year 2009 and in- ensure their loved ones can lead full S. 2714 cluding the appropriate budgetary lev- lives for many years. At the request of Mr. VITTER, the els for fiscal years 2008 and 2010 That is why I am introducing the names of the Senator from Alabama through 2013. Disability Savings Act of 2008. This bill

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1879 will encourage individuals with disabil- $15,000 or less compared to only 12 percent of dies or ceases to be a qualified beneficiary, ities and their families to save money those without disabilities. According to the all amounts remaining in the trust up to an for their unique disability-related 2005 American Community Survey, median amount equal to the total medical assistance needs in Disability Savings Accounts. annual earnings for individuals without a paid for the qualified beneficiary under any disability were $25,000 compared with $12,800 State Medicaid plan established under title These accounts will provide a tax-ad- for those with a severe disability. XIX of the Social Security Act shall be dis- vantaged mechanism for individuals (3) Families often provide the primary fi- tributed to each such State. with disabilities to save money. nancial assistance necessary for individuals ‘‘(b) TAX TREATMENT OF INCOME.— The interest on these accounts, with with significant disabilities who cannot sup- ‘‘(1) IN GENERAL.—A disability savings ac- a balance of up to $250,000, will be tax port themselves. Families supporting mem- count which has a value of $250,000 or less for free. Expenditures from the accounts bers with disabilities often experience sub- any taxable year shall be exempt from tax- for specific qualified services such as stantial negative effects on the vocational ation under this subtitle. Notwithstanding and economic health of the family. the preceding sentence, a disability savings education, medical services, employ- account shall be subject to the taxes imposed ment training and support, and trans- (4) Individuals with disabilities often incur significant additional costs related to serv- by section 511 (relating to imposition of tax portation, will not be subject to in- ices and supports necessary to maintain the on unrelated business income of charitable come tax. The accounts will be easier health and independence needed to fully par- organizations). to manage, and use than other existing ticipate in society. ‘‘(2) TAXABLE ACCOUNTS.—Any disability savings mechanisms for individuals (5) Throughout the years policymakers savings account which is not exempt from with disabilities. To be sure these ac- have provided incentives to Americans to tax under paragraph (1) shall be taxed in the same manner as a qualified disability trust counts are available to low and mod- save money for purposes such as home own- ership, education and retirement. Many of (as defined in section 642(b)(2)(C)(ii)). erate income earners, there will be a ‘‘(3) DETERMINATION OF VALUE.—The value refundable matching tax credit of up to these benefits do not meet the savings needs of individuals with disabilities and their of a disability savings account shall be $1000 for contributions. Account hold- families. deemed to be in excess of $250,000 for a tax- ers can even roll funds from college (6) Encouraging individuals with disabil- able year if the daily balance of such account savings plans and special needs trusts ities and their families to save funds will (determined as of the close of business on for the same beneficiary into the Dis- allow them to achieve greater control, any business day) exceeds $250,000 for the majority of business days during such tax- choice, participation in community, secu- ability Savings Account without pen- able year. rity, and independence in their lives. alty. These accounts will supplement, ‘‘(c) TAX TREATMENT OF DISTRIBUTIONS.— SEC. 3. PURPOSES. not supplant, benefits provided by ‘‘(1) IN GENERAL.—Any distribution from a other, sources such as Medicaid, pri- The purposes of this Act are as follows: disability savings account shall be included (1) To encourage and assist individuals and vate insurance, and Supplemental Se- in the gross income of the qualified bene- families in saving private funds for the pur- ficiary in the manner provided in section 72. curity Income, SSI, and the assets held pose of supporting individuals with disabil- within them will not be counted ‘‘(2) DISTRIBUTIONS FOR QUALIFIED SERVICES ities to maintain health, independence, and OR PRODUCTS.— against eligibility for those programs. quality of life. ‘‘(A) IN GENERAL.—No amount shall be in- In order to be eligible to have a Dis- (2) To provide secure funding for disability- cluded in gross income under paragraph (1) if ability Savings Account, beneficiaries related expenses on behalf of designated such amount is distributed— must be determined to be blind or dis- beneficiaries with disabilities that will sup- ‘‘(i) for a qualified service or product, and abled by the Social Security Adminis- plement, but not supplant, benefits provided ‘‘(ii) except as otherwise provided by the tration or the Disability Determina- through private insurance, the Medicaid pro- Secretary, by means of an electronic fund gram under title XIX of the Social Security tion Service of a state, and be under transfer to the person who provided the Act, the supplemental security income pro- qualified service or product. the age of 65. The accounts can be held gram under title XVI of such Act, the bene- ‘‘(B) QUALIFIED SERVICE OR PRODUCT.— and managed through a financial insti- ficiary’s employment, and other sources. ‘‘(i) IN GENERAL.—The term ‘qualified serv- tution by the beneficiary, their spouse SEC. 4. DISABILITY SAVINGS ACCOUNTS. ice or product’ means any service or product or family member, or a legal guardian. (a) IN GENERAL.—Subchapter F of chapter 1 which is provided to a qualified beneficiary I hope that my colleagues will see of the Internal Revenue Code of 1986 (relat- on account of such beneficiary’s disability. the benefit of this approach and join ing to exempt organizations) is amended by ‘‘(ii) CERTAIN SERVICES AND PRODUCTS IN- me in this effort. I urge them to co- adding at the end the following new part: CLUDED.—Such term shall include preschool sponsor this legislation and work with ‘‘PART IX—DISABILITY SAVINGS ENTITIES education, postsecondary education, tutor- me to give individuals with disabilities ‘‘Sec. 530A. Disability savings accounts. ing, special education services, training, em- ployment supports, personal assistance sup- and their families the tools they need ‘‘SEC. 530A. DISABILITY SAVINGS ACCOUNTS. ‘‘(a) DISABILITY SAVINGS ACCOUNT DE- ports, community-based supports, respite to live healthy independent lives. FINED.—For purposes of this section, the care, clothing, assistive technology, home Mr. President, I ask unanimous con- term ‘disability savings account’ means a modifications, therapy, nutritional manage- sent that the text of the bill and a let- trust created or organized in the United ment, out-of-pocket medical, vision, or den- ter of support be printed in the States by a qualified individual exclusively tal expenses, transportation services, vehicle RECORD. for the benefit of a qualified beneficiary, but purchases or modifications, insurance pre- There being no objection, the mate- only if the written governing instrument miums, habilitation and rehabilitation serv- rial was ordered to be printed in the creating the trust meets the following re- ices, funeral and burial expenses, and any quirements: other service or product consistent with the RECORD, as follows: ‘‘(1) No contribution shall be accepted— purposes of this section and allowed under S. 2741 ‘‘(A) unless it is in cash, or regulations established by the Secretary, in Be it enacted by the Senate and House of Rep- ‘‘(B) if such contribution would result in consultation with the Secretary of Health resentatives of the United States of America in the total aggregate contributions to such ac- and Human Services. Congress assembled, count exceeding $1,000,000. ‘‘(iii) PROHIBITED SERVICES AND PROD- SECTION 1. SHORT TITLE. ‘‘(2) The trustee is a bank (as defined in UCTS.—Such term shall not include any serv- This Act may be cited as the ‘‘Disability section 408(n)) or another person who dem- ice or product paid for by a third-party Savings Act of 2008’’. onstrates to the satisfaction of the Secretary payer, such as private insurance or a Med- SEC. 2. FINDINGS. that the manner in which that person will icaid program under title XIX of the Social Congress makes the following findings: administer the trust will be consistent with Security Act (42 U.S.C. 1396 et seq.). (1) Disability is a natural part of the the requirements of this section or who has ‘‘(C) DISALLOWANCE OF EXCLUDED AMOUNTS human experience. Individuals with disabil- so demonstrated with respect to any indi- AS DEDUCTION, CREDIT, OR EXCLUSION.—No de- ities have the right to live independently, to vidual retirement plan. duction, credit, or exclusion shall be allowed exert control and choice over their own lives, ‘‘(3) A qualified individual is designated for to the taxpayer under any other section of and to fully participate in and contribute to the purpose of administering requests for this chapter for any qualified service or their communities through full integration distributions from the trust. product to the extent taken into account in and inclusion in the economic, political, so- ‘‘(4) No part of the trust assets will be in- determining the amount of exclusion under cial, cultural, and educational mainstream vested in life insurance contracts. this paragraph. of American society. ‘‘(5) The assets of the trust shall not be ‘‘(3) EXCEPTION FOR DISTRIBUTIONS RE- (2) Americans with disabilities are more commingled with other property except in a TURNED BEFORE CERTAIN DATE.—Paragraph (1) likely to live in poverty than those without common trust fund or common investment shall not apply to any distribution made disabilities. According to the World Institute fund. from a disability savings account during a on Disability, over one-third of adults with ‘‘(6) Except as provided in subsection (c)(6), taxable year on behalf of the qualified bene- disabilities live in households with income of in the case that the qualified beneficiary ficiary if the qualified beneficiary makes a

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1880 CONGRESSIONAL RECORD — SENATE March 11, 2008 contribution to such disability savings ac- ‘‘(D) in the case of any qualified bene- application of section 530A(d)(3)(A) to such count in an amount equal to the amount of ficiary who is in the legal custody of a State account.’’. such distribution before the date that is 180 or any agency thereof, any individual ap- (d) FAILURE TO PROVIDE REPORTS ON DIS- days after such distribution was made. pointed for purposes of this paragraph by a ABILITY SAVINGS ACCOUNTS.—Paragraph (2) of ‘‘(4) ADDITIONAL TAX FOR DISTRIBUTIONS NOT court of competent jurisdiction. section 6693(a) of the Internal Revenue Code USED FOR QUALIFIED SERVICES OR PRODUCTS.— ‘‘(3) ACCOUNT TERMINATIONS, ETC.— of 1986 is amended by striking ‘‘and’’ at the The tax imposed by this chapter for any tax- ‘‘(A) PROHIBITED TRANSACTIONS.—If, during end of subparagraph (D), by striking the pe- able year on any taxpayer who receives a any taxable year of the qualified individual riod at the end of subparagraph (E) and in- payment or distribution from an disability designated under subsection (a)(3), such serting ‘‘and’’, and by inserting after sub- savings account which is includible in gross qualified individual or the qualified bene- paragraph (E) the following new subpara- income shall be increased by 10 percent of ficiary of the disability savings account en- graph: the amount which is so includible. gages in any transaction prohibited under ‘‘(F) section 530A(e) (relating to disability ‘‘(5) ROLLOVER CONTRIBUTIONS.—Paragraph section 4975, such account ceases to be an savings accounts).’’. (1) shall not apply to any amount paid or dis- disability savings account as of the first day (e) ANNUAL REPORTS TO CONGRESS.—The tributed from a disability savings account to of such taxable year. Secretary of the Treasury, in consultation the extent that the amount received is paid, ‘‘(B) EFFECT OF PLEDGING ACCOUNT AS SECU- with the Secretary of Health and Human not later than the 60th day after the date of RITY.—If, during any taxable year of the Services and the Commissioner of Social Se- such payment or distribution, into— qualified beneficiary, the qualified bene- curity, shall report annually to Congress on ‘‘(A) another disability savings account for ficiary uses the account or any portion the usage of disability savings accounts. the benefit of— thereof as security for a loan, the portion so (f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) the same qualified beneficiary, or used is treated as distributed to the qualified There are authorized to be appropriated to ‘‘(ii) an individual who— beneficiary. the Commissioner of Social Security for fis- ‘‘(I) is the spouse of the qualified bene- ‘‘(4) ONLY 1 ACCOUNT PER QUALIFIED BENE- cal years beginning with fiscal year 2007, ficiary or bears a relationship to the quali- FICIARY.—No individual who is a qualified such sums as may be necessary for certifying fied beneficiary which is described in section beneficiary may have more than 1 disability and recertifying individuals as qualified 152(d)(2), and savings account. The Secretary may promul- beneficiaries for purposes of section ‘‘(II) is a qualified beneficiary, or gate regulations necessary to carry out the 530A(d)(1) of the Internal Revenue Code of ‘‘(B) any trust which is described in sub- purposes of this paragraph. 1986 (as added by subsection (a)). Amounts paragraph (A) or (C) of section 1917(d)(4) of ‘‘(e) REPORTS.—The trustee of a disability appropriated pursuant to the preceding sen- the Social Security Act and which is for the savings account shall make such reports re- tence may be used by the Commissioner, as benefit of and individual described in clause garding such account to the Secretary and to appropriate, for making payments to States (i) or (ii) of subparagraph (A). the qualified individual designated under for certifications and recertifications of indi- The preceding sentence shall not apply to subsection (a)(3) with respect to contribu- viduals as such beneficiaries that are made any payment or distribution if it applied to tions, distributions, fees (including the max- under an agreement entered into between imum, minimum, and average fees for such any prior payment or distribution during the the Commissioner and by the Disability De- accounts), and such other matters as the 12-month period ending on the date of the termination Service for the State. Secretary may require. The reports required payment or distribution. (g) CLERICAL AMENDMENT.—The table of by this subsection shall be filed at such time ‘‘(6) CHANGE IN BENEFICIARY.—Any change parts for subchapter F of chapter 1 of the In- in the beneficiary of a disability savings ac- and in such manner and furnished to such in- dividuals at such time and in such manner as ternal Revenue Code of 1986 is amended by count shall not be treated as a distribution may be required. adding at the end the following new item: for purposes of paragraph (1) if the new bene- ‘‘(f) REGULATIONS.—The Secretary, in con- ‘‘PART IX—DISABILITY SAVINGS ENTITIES’’. ficiary is an individual described in para- sultation with the Secretary of Health and (h) EFFECTIVE DATE.—The amendments graph (5)(A)(ii) as of the date of the change. Human Services, shall prescribe such regula- ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For made by this section shall apply to taxable tions as may be necessary to carry out the purposes of this section— years beginning after December 31, 2007. purposes of this section and to prevent the ‘‘(1) QUALIFIED BENEFICIARY.—The term abuse of such purposes.’’. SEC. 5. MATCHING TAX CREDIT FOR CONTRIBU- ‘qualified beneficiary’ means any individual TIONS TO DISABILITY SAVINGS AC- (b) ROLLOVERS FROM QUALIFIED TUITION who— COUNTS. PROGRAMS.—Paragraph (3) of section 529(c) of ‘‘(A) is under the age of 65, and the Internal Revenue Code of 1986 is amended (a) IN GENERAL.—Subpart C of part IV of ‘‘(B) has— by adding at the end the following new sub- subchapter A of chapter 1 of the Internal ‘‘(i) been determined by the Commissioner paragraph: Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section of Social Security or the Disability Deter- ‘‘(E) ROLLOVERS TO DISABILITY SAVINGS AC- 36 as section 37 and by inserting after section mination Service of a State to be— COUNTS.— 35 the following new section: ‘‘(I) blind (as determined under section ‘‘(i) IN GENERAL.—Subparagraph (A) shall 1614(a)(2) of the Social Security Act, but not apply to that portion of any distribution ‘‘SEC. 36. DISABILITY SAVINGS ACCOUNT MATCH- without regard to any income or asset eligi- which, within 60 days of such distribution, is ING CONTRIBUTIONS. bility requirements that apply under such transferred to a disability savings account ‘‘(a) ALLOWANCE OF CREDIT.—In the case of title), or with respect to which the designated bene- a qualified individual, there shall be allowed ‘‘(II) disabled (as determined under section ficiary is the qualified beneficiary (as de- as a credit against the tax imposed by this 1614(a)(3) of the Social Security Act, but fined by section 530A(d)(1)). subtitle for the taxable year an amount without regard to any income or asset eligi- ‘‘(ii) LIMITATION.—Clause (i) shall not equal to 50 percent of so much of the quali- bility requirements that apply under such apply to any transfer if a prior transfer de- fied disability savings contributions made title, or under section 216(d) of such Act), scribed in clause (i) has occurred at any time during the taxable year as do not exceed and preceding such transfer.’’. $2,000. ‘‘(ii) not been determined by the Commis- (c) TAX ON PROHIBITED TRANSACTIONS.— ‘‘(b) LIMITATIONS.— sioner of Social Security or the Disability (1) IN GENERAL.—Paragraph (1) of section ‘‘(1) LIMITATION BASED ON MODIFIED AD- Determination Service of a State to be no 4975(e) of the Internal Revenue Code of 1986 is JUSTED GROSS INCOME.— longer blind or disabled (as so defined). amended by striking ‘‘or’’ at the end of sub- ‘‘(A) IN GENERAL.—The amount which The term ‘Disability Determination Service’ paragraph (F), by redesignating subpara- would (but for this paragraph) be taken into means, with respect to each State, the entity graph (G) as subparagraph (F), and by insert- account under subsection (a) for the taxable that has an agreement with the Commis- ing after subparagraph (F) the following new year shall be reduced (but not below zero) by sioner of Social Security to make disability subparagraph: the amount determined under subparagraph determinations for purposes of title II or XVI ‘‘(G) a disability savings account described (B). of the Social Security Act. in section 530A(a), or’’. ‘‘(B) AMOUNT OF REDUCTION.—The amount ‘‘(2) QUALIFIED INDIVIDUAL.—The term (2) SPECIAL RULE.—Section 4975(c) of such determined under this subparagraph is the ‘qualified individual’ means, with respect to Code is amended by adding at the end the amount which bears the same ratio to the any disability savings account— following new paragraph: amount which would be so taken into ac- ‘‘(A) the qualified beneficiary, ‘‘(7) SPECIAL RULE FOR DISABILITY SAVINGS count as— ‘‘(B) any individual— ACCOUNTS.—A qualified beneficiary (as de- ‘‘(i) the excess of— ‘‘(i) who is the spouse of the qualified bene- fined by section 530A(d)(1)) shall be exempt ‘‘(I) the taxpayer’s modified adjusted gross ficiary or bears a relationship to the quali- from the tax imposed by this section with re- income for the taxable year, over fied beneficiary which is described in section spect to any transaction concerning a dis- ‘‘(II) the applicable amount, bears to 152(d)(2), or ability savings account (as defined by sec- ‘‘(ii) the phaseout amount. ‘‘(ii) provides over one half of such quali- tion 530A(a)) which would otherwise be tax- ‘‘(C) APPLICABLE AMOUNT; PHASEOUT fied beneficiary’s support, able under this section if, with respect to AMOUNT.—For purposes of subparagraph (B), ‘‘(C) the legal guardian of the qualified such transaction, the account ceases to be a the applicable amount and the phaseout beneficiary, or disability savings account by reason of the amount shall be determined as follows:

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1881

The appli- The phase- ‘‘ cable out amount is: amount is:

In the case of a joint return ...... $60,000 $10,000 In the case of a head of household ...... $45,000 $7,500 In any other case ...... $30,000 $5,000

‘‘(D) MODIFIED ADJUSTED GROSS INCOME.— amount that bears the same ratio to the SEC. 6. CREDIT TO INSTITUTIONS FOR MAINTAIN- For purposes of this paragraph, the term amount of such overpayment as— ING DISABILITY SAVINGS AC- ‘modified adjusted gross income’ means the ‘‘(A) the amount of qualified disability sav- COUNTS. adjusted gross income of the taxpayer for the ings contributions made by such taxpayer to (a) IN GENERAL.—Subpart D of part IV of taxable year increased by any amount ex- such disability savings account, bears to subchapter A of chapter 1 of the Internal cluded from gross income under section 911, ‘‘(B) the amount of qualified disability sav- Revenue Code of 1986 (relating to business re- 931, or 933. ings contribution made by such taxpayer to lated credits) is amended by adding at the ‘‘(E) INFLATION ADJUSTMENT.—In the case all disability savings accounts. end the following new section: of any taxable year beginning in a calendar ‘‘(3) QUALIFIED DISABILITY SAVINGS CON- ‘‘SEC. 45O. DISABILITY SAVINGS ACCOUNT IN- VESTMENT CREDIT. year after 2008, each of the applicable TRIBUTION.—For purposes of this subsection, amounts in the second column of the table in the term ‘qualified disability savings con- ‘‘(a) DETERMINATION OF AMOUNT.—For pur- subparagraph (C) shall be increased by an tribution’ has the meaning given such term poses of section 38, the disability savings ac- amount equal to— by section 36(d).’’. count investment credit determined under ‘‘(i) such dollar amount, multiplied by (2) SEPARATE ACCOUNTING FOR REFUNDABLE this section with respect to any eligible enti- ‘‘(ii) the cost-of-living adjustment deter- AMOUNTS.— ty for any taxable year is an amount equal mined under section 1(f)(3) for the calendar (A) IN GENERAL.—Section 530A(a) of such to the disability savings account investment year in which the taxable year begins, deter- Code, as added by this Act, is amended by provided by such eligible entity during the mined by substituting ‘calendar year 2007’ adding at the end the following new para- taxable year. for ‘calendar year 1992’ in subparagraph (B) graph: ‘‘(b) DISABILITY SAVINGS ACCOUNT INVEST- thereof. ‘‘(7) The trust provides a separate account- MENT.—For purposes of this section, the term ‘disability savings account investment’ Any increase determined under the preceding ing for contributions transferred by the Sec- retary under section 6402(l).’’. means an amount equal to $50 with respect sentence shall be rounded to the nearest to each disability savings account (as de- (B) SPECIAL RULES FOR CONTRIBUTIONS AT- multiple of $500. fined in section 530A(a)) maintained— TRIBUTABLE TO DISABILITY SAVINGS ACCOUNT ‘‘(2) EARNED INCOME LIMITATION.—The ‘‘(1) as of the end of such taxable year, but CREDIT.—Section 530A of such Code, as added amount of the credit allowable under sub- only if such taxable year is within the 7-tax- section (a) to any taxpayer for any taxable by this Act, is amended by adding at the end the following new subsection: able-year period beginning with the taxable year shall not exceed the earned income (as year in which such Account is opened, and defined by section 32(c)(2)) of such taxpayer ‘‘(g) SPECIAL RULES FOR CONTRIBUTIONS AT- ‘‘(2) with a balance of not less than $100 for such taxable year. TRIBUTABLE TO CREDIT FOR DISABILITY SAV- (other than the taxable year in which such ‘‘(c) QUALIFIED INDIVIDUAL.—For purposes INGS ACCOUNT CONTRIBUTIONS.— account is opened). of this section, the term ‘qualified indi- ‘‘(1) INCREASE IN ADDITIONAL TAX.—In the ‘‘(c) ELIGIBLE ENTITY.—For purposes of this vidual’ means the individual designated as case of a distribution which includes an section, except as provided in regulations, the qualified individual of the disability sav- amount transferred by the Secretary under the term ‘eligible entity’ means any entity ings account (as defined in section 530A(a)). section 6402(l) (including any earnings attrib- which is the trustee of a disability savings ‘‘(d) QUALIFIED DISABILITY SAVINGS CON- utable to such amount) and which, but for account (as so defined). TRIBUTIONS.—The term ‘qualified disability this paragraph, would be includible in gross ‘‘(d) DENIAL OF DOUBLE BENEFIT.— savings contributions’ means, with respect income— ‘‘(1) IN GENERAL.—No deduction or credit to any taxable year, the aggregate contribu- ‘‘(A) such amount shall not be included in (other than under this section) shall be al- tions made by the taxpayer to the disability gross income, and lowed under this chapter with respect to any savings account (as so defined) with respect ‘‘(B) subsection (c)(4) shall be applied by expense which is attributable to the mainte- to which such taxpayer is the qualified indi- substituting ‘100 percent’ for ‘10 percent’. nance of a disability savings account. vidual. ‘‘(2) ORDERING RULES.—For purposes of ap- ‘‘(2) DETERMINATION OF AMOUNT.—Solely for ‘‘(e) TREATMENT OF CONTRIBUTIONS BY DE- plying this subsection to any distribution purposes of paragraph (1), the amount attrib- PENDENT.—If a deduction under section 151 from a disability savings account— utable to the maintenance of a disability with respect to an individual is allowed to ‘‘(A) IN GENERAL.—Except as provided in savings account shall be deemed to be the another taxpayer for a taxable year begin- subparagraph (B), such distribution shall be dollar amount of the credit allowed under ning in the calendar year in which such indi- treated as made— this section for each taxable year such dis- vidual’s taxable year begins— ‘‘(i) first from amounts contributed to the ability savings account is maintained.’’. ‘‘(1) no credit shall be allowed under sub- account other than by reason of section (b) CREDIT TREATED AS BUSINESS CREDIT.— section (a) to such individual for such indi- 6402(l), and Section 38(b) of such Code (relating to cur- vidual’s taxable year, and ‘‘(ii) second from amounts transferred by rent year business credit) is amended by ‘‘(2) any qualified disability savings con- the Secretary under section 6402(l). striking ‘‘plus’’ at the end of paragraph (30), tributions made by such individual during ‘‘(B) EXCEPTION FOR DISTRIBUTIONS FOR by striking the period at the end of para- such taxable year shall be treated for pur- QUALIFIED SERVICES OR PRODUCTS.—In the graph (31) and inserting ‘‘, plus’’, and by add- poses of this section as made by such other case of a distribution for qualified services ing at the end the following new paragraph: taxpayer.’’. or products, such distribution shall be treat- ‘‘(32) the disability savings account invest- (b) REFUNDABLE AMOUNT CREDITED TO INDI- ed as made— ment credit determined under section VIDUAL DISABILITY ACCOUNT.— ‘‘(i) first from amounts transferred by the 45O(a).’’. (1) TRANSFER OF AMOUNT TO DISABILITY SAV- Secretary under section 6402(l), and (c) CONFORMING AMENDMENT.—The table of INGS ACCOUNTS.—Section 6402 of the Internal ‘‘(ii) second from other amounts contrib- sections for subpart C of part IV of sub- Revenue Code of 1986 (relating to authority uted to the account.’’. chapter A of chapter 1 of such Code is amended by adding at the end the following to make credits or refunds) is amended by (c) CONFORMING AMENDMENTS.— new item: adding at the end the following new sub- (1) Section 1324(b)(2) of title 31, United section: States Code, is amended by inserting before ‘‘Sec. 45O. Disability savings account invest- ‘‘(l) SPECIAL RULE FOR OVERPAYMENTS AT- the period at the end ‘‘, or enacted by the ment credit.’’. TRIBUTABLE TO CREDIT FOR CONTRIBUTIONS TO Disability Savings Act of 2008’’. (d) EFFECTIVE DATE.—The amendments DISABILITY SAVINGS FUNDS.— (2) The table of sections for subpart C of made by this section shall apply to taxable ‘‘(1) IN GENERAL.—In the case of any over- part IV of subchapter A of chapter 1 of the years ending after December 31, 2007. payment attributable to the credit allowed Internal Revenue Code of 1986 is amended by SEC. 7. TREATMENT OF DISABILITY SAVINGS AC- under section 36, the Secretary shall transfer striking the item relating to section 36 and COUNTS UNDER CERTAIN FEDERAL such amount to the disability savings ac- inserting the following: PROGRAMS. count to which the taxpayer made a quali- (a) TREATMENT AS A MEDICAID EXCEPTED fied disability savings contribution. ‘‘Sec. 36. Disability savings account match- TRUST.—Paragraph (4) of section 1917(d) of ‘‘(2) TRANSFERS TO MORE THAN 1 ACCOUNT.— ing contributions. the Social Security Act (42 U.S.C. 1396p(d)(4)) If the taxpayer made qualified disability sav- ‘‘Sec. 37. Overpayments of tax.’’. is amended by adding at the end the fol- ings contributions to more than 1 disability lowing new subparagraph: savings account, the Secretary shall transfer (d) EFFECTIVE DATE.—The amendments ‘‘(D) A trust which is a disability savings the overpayment described in paragraph (1) made by this section shall apply to taxable account described in section 530A(a) of the to each such disability savings account in an years beginning after December 31, 2007. Internal Revenue Code of 1986.’’.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1882 CONGRESSIONAL RECORD — SENATE March 11, 2008

(b) ACCOUNT FUNDS DISREGARDED FOR PUR- able families with limited incomes to effec- Whereas, from 2001 through 2004, the esti- POSES OF CERTAIN OTHER MEANS-TESTED FED- tively save financial resources to meet the mated number of HIV/AIDS cases increased ERAL PROGRAMS.— future needs of their family member with a among Whites, Asians and Pacific Islanders, (1) IN GENERAL.—For purposes of deter- disability. Such protocols must be easy for a and American Indians and Alaska Natives, mining eligibility for any applicable pro- family to navigate without a lawyer and and decreased among Blacks and Hispanics; gram, any amount (including earnings there- must not impose barriers to future benefits and on) in any disability savings account (as de- such as those available through the Medicaid Whereas, from 2000 through 2004, the esti- fined in section 530A(a) of the Internal Rev- program. Easter Seals looks forward to mated number of deaths among persons with enue Code of 1986) established for the benefit working with you to see that legislation that AIDS decreased among Whites, Blacks, and of such individual and any distribution for can help these families is enacted in 2008. Asians and Pacific Islanders, but increased As the leading non-profit provider of serv- qualified services or products (as defined in ices for individuals with autism, develop- among American Indians and Alaska Na- section 530A(c)(2)(B)) from such account mental disabilities, physical and mental dis- tives: Now, therefore, be it shall be disregarded with respect to any pe- abilities, and other special needs, Easter Resolved, That the Senate— riod during which such individual maintains, Seals works to ensure that individuals with (1) recognizes the seriousness of the spread makes contributions to, or receives distribu- disabilities can live, learn, work and play in and threat of the human immunodeficiency tions from such disability savings account. their communities. Thank you for consid- virus and acquired immunodeficiency syn- (2) APPLICABLE PROGRAM.—For purposes of ering our views. drome (HIV/AIDS) epidemic in American In- this subsection, the term ‘‘applicable pro- Sincerely, dian and Alaska Native communities; gram’’ means— KATHERINE BEH NEAS, (2) encourages Federal, State, and tribal (A) the temporary assistance for needy Vice President, Government Relations. governments as well as Indian organizations families program funded under part A of title f and health care providers to coordinate ef- IV of the Social Security Act (42 U.S.C. 601 forts in HIV/AIDS testing and in the pro- et seq.); SUBMITTED RESOLUTIONS motion of prevention activities to further ef- (B) a State program funded under part B or forts in the reduction of HIV/AIDS infection E of title IV of such Act (42 U.S.C. 621 et seq., rates among American Indians and Alaska 670 et seq.); SENATE RESOLUTION 479—DESIG- NATING MARCH 20, 2008, AS ‘‘SEC- Natives; and (C) a State program funded under part D of (3) designates March 20, 2008, as ‘‘Second title IV of such Act (42 U.S.C. 651 et seq.); OND ANNUAL NATIONAL NATIVE Annual National Native HIV/AIDS Aware- (D) the supplemental security income pro- HIV/AIDS AWARENESS DAY’’ ness Day’’. gram established under title XVI of such Act Ms. MURKOWSKI (for herself, Mr. (42 U.S.C. 1381 et seq.); TESTER, Mr. SMITH, and Mr. BAUCUS) f (E) the Medicaid program under title XIX submitted the following resolution; of the such Act (42 U.S.C. 1396 et seq.); which was considered and agreed to: (F) the State children’s health insurance AMENDMENTS SUBMITTED AND S. RES. 479 program under title XXI of such Act (42 PROPOSED U.S.C. 1397aa et seq.); Whereas the number of human immuno- deficiency virus and acquired immuno- SA 4153. Mr. BURR submitted an amend- (G) the food stamp program established ment intended to be proposed by him to the under the Food Stamp Act of 1977 (7 U.S.C. deficiency syndrome (hereafter ‘‘HIV/AIDS’’) cases among American Indian and Alaska concurrent resolution S. Con. Res. 70, setting 2011 et seq.); forth the congressional budget for the United (H) the special supplemental nutrition pro- Native communities has been increasing at an alarming rate and poses a significant States Government for fiscal year 2009 and gram for women, infants, and children estab- including the appropriate budgetary levels lished by section 17 of the Child Nutrition threat to the public health of Native commu- nities; for fiscal years 2008 and 2010 through 2013.; Act of 1966 (422 U.S.C. 1786); which was ordered to lie on the table. (I) a child nutrition program, as defined in Whereas American Indians and Alaska Na- tives have the 3rd highest rate of HIV/AIDS SA 4154. Mr. REED (for himself, Ms. COL- section 25(b) of the Richard B. Russell Na- LINS, Mr. BAUCUS, Mr. BINGAMAN, Mr. BOND, tional School Lunch Act (42 U.S.C. 1769f(b)); infection in the United States, after Blacks and Hispanics; Mr. BROWN, Mrs. CLINTON, Mr. DODD, Mr. and DURBIN, Mr. KENNEDY, Mr. KERRY, Ms. MI- (J) any Federal low-income housing assist- Whereas, according to the Centers for Dis- ease Control and Prevention HIV/AIDS Sur- KULSKI, Mr. OBAMA, Ms. SNOWE, MR. SUNUNU, ance program. and Mr. WHITEHOUSE) submitted an amend- SEC. 8. MARKETING, OUTREACH, AND EDU- veillance Report published in 2005, the rate per 100,000 persons of HIV/AIDS diagnosis for ment intended to be proposed by him to the CATION FOR DISABILITY SAVINGS concurrent resolution S. Con. Res. 70, supra; ACCOUNTS. American Indians and Alaska Natives was which was ordered to lie on the table. (a) IN GENERAL.—Not later than 180 days 10.4; after the date of the enactment of this Act, Whereas American Indians and Alaska Na- SA 4155. Mr. BROWN (for himself and Ms. the Secretary of Health and Human Services tives experience the highest disease and mor- STABENOW) submitted an amendment in- shall establish a program for marketing, out- tality rates in the United States compared tended to be proposed by him to the concur- reach, and education related to disability to other racial and ethnic groups, due to so- rent resolution S. Con. Res. 70, supra; which savings accounts (as defined in section cioeconomic factors that include consist- was ordered to lie on the table. 530A(a) of the Internal Revenue Code of 1986). ently high rates of poverty, inadequate edu- SA 4156. Mrs. FEINSTEIN (for herself, Mr. Such program may utilize contracts with cation, and a lack of access to quality health SMITH, Mr. DURBIN, Mr. SUNUNU, Mr. DODD, nonprofit organizations established for the services; Mr. COLEMAN, Mr. LEAHY, Mr. CORKER, Mrs. purpose of assisting individuals with disabil- Whereas certain risk factors exist among BOXER, Mr. MARTINEZ, Mr. VOINOVICH, Mr. ities. Indian and Alaska Native populations that MENENDEZ, Ms. MIKULSKI, Mr. LEVIN, Mrs. (b) AUTHORIZATION OF APPROPRIATIONS.— elevate the threat of the HIV/AIDS epidemic, CLINTON, Mr. HAGEL, Mr. BINGAMAN, Mr. There are authorized to be appropriated such including high rates of sexually transmitted KERRY, and Ms. CANTWELL) submitted an sums as may be necessary to carry out the diseases and substance abuse; amendment intended to be proposed by her program established under subsection (a). Whereas, according to the 2005 Centers for to the concurrent resolution S. Con. Res. 70, Disease Control and Prevention Sexually supra; which was ordered to lie on the table. EASTER SEALS, Transmitted Disease Surveillance Report, SA 4157. Mr. ALLARD submitted an Washington, DC, March 10, 2008. American Indians and Alaska Natives have amendment intended to be proposed by him Hon. CHRIS DODD, the 2nd highest infection rates of gonorrhea to the concurrent resolution S. Con. Res. 70, U.S. Senate, and chlamydia in the United States and the supra; which was ordered to lie on the table. Washington, DC. 3rd highest infection rate of syphilis; SA 4158. Mr. ALLARD submitted an DEAR SENATOR DODD: Easter Seals has long Whereas, according to the 2005 National amendment intended to be proposed by him been concerned that individuals with disabil- Survey on Drug Use and Health, American to the concurrent resolution S. Con. Res. 70, ities and their families have too few options supra; which was ordered to lie on the table. to save for the future. Currently, individuals Indians and Alaska Natives had a 12.8 per- must have exceptionally low incomes in cent higher rate of illicit drug use than any SA 4159. Mr. ALLARD submitted an order to access essential public services and other races or ethnicities; amendment intended to be proposed by him supports. In those situations in which an in- Whereas, during the years 1997–2004, of per- to the concurrent resolution S. Con. Res. 70, dividual’s family wants to save for the fu- sons who had received a diagnosis of HIV/ supra; which was ordered to lie on the table. ture, a complicated web of state rules that AIDS, American Indians and Alaska Natives SA 4160. Mr. BAUCUS (for himself, Mr. guide special needs trust must be followed, had survived a shorter time than had Asians BAYH, Mr. PRYOR, Mr. NELSON, of Florida, and in nearly every circumstance, families and Pacific Islanders, Whites, or Hispanics; Mr. SALAZAR, Mr. ROCKEFELLER, Mr. TESTER, cannot navigate the system without the as- Whereas, after 9 years, 67 percent of Amer- Mr. BROWN, Mr. MENENDEZ, Mr. BINGAMAN, sistance of an attorney. ican Indians and Alaska Natives who had Mr. CONRAD, Mr. LAUTENBERG, and Ms. For these reasons, Easter Seals is pleased been diagnosed with HIV/AIDS were alive, LANDRIEU) proposed an amendment to the to support the Disability Savings Act of 2008. compared to 66 percent of Blacks, 74 percent concurrent resolution S. Con. Res. 70, supra. This legislation clearly identifies the essen- of Hispanics, 75 percent of Whites, and 81 per- SA 4161. Mr. MARTINEZ submitted an tial need to establish new protocols that en- cent of Asians and Pacific Islanders; amendment intended to be proposed by him

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1883 to the concurrent resolution S. Con. Res. 70, to the concurrent resolution S. Con. Res. 70, On page 19, line 21, increase the amount by supra; which was ordered to lie on the table. setting forth the congressional budget for $728,000,000. SA 4162. Mr. REID submitted an amend- the United States Government for fiscal year On page 19, line 25, increase the amount by ment intended to be proposed by him to the 2009 and including the appropriate budgetary $52,000,000. concurrent resolution S. Con. Res. 70, supra; levels for fiscal years 2008 and 2010 through On page 27, line 16, decrease the amount by which was ordered to lie on the table. 2013; which was ordered to lie on the table. $2,600,000,000. SA 4163. Mr. SMITH (for himself and Mrs. SA 4179. Mr. PRYOR submitted an amend- On page 27, line 17, decrease the amount by CLINTON) submitted an amendment intended ment intended to be proposed by him to the $1,820,000,000. to be proposed by him to the concurrent res- concurrent resolution S. Con. Res. 70, supra; On page 27, line 21, decrease the amount by olution S. Con. Res. 70, supra; which was or- which was ordered to lie on the table. dered to lie on the table. SA 4180. Mr. PRYOR submitted an amend- $728,000,000. SA 4164. Mr. BIDEN (for himself, Mrs. ment intended to be proposed by him to the On page 27, line 25, decrease the amount by BOXER, Mr. BROWN, Ms. CANTWELL, Mr. concurrent resolution S. Con. Res. 70, supra; $52,000,000. CASEY, Mrs. CLINTON, Mr. KOHL, Mr. LEAHY, which was ordered to lie on the table. Mr. MENENDEZ, Mr. NELSON of Florida, Mr. SA 4181. Mr. PRYOR (for himself, Ms. SA 4155. Mr. BROWN (for himself and REED, and Mr. FEINGOLD) submitted an SNOWE, and Mr. BINGAMAN) submitted an Ms. STABENOW) submitted an amend- amendment intended to be proposed by him amendment intended to be proposed by him ment intended to be proposed by him to the concurrent resolution S. Con. Res. 70, to the concurrent resolution S. Con. Res. 70, to the concurrent resolution S. Con. supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. SA 4165. Mr. BIDEN (for himself and Mr. SA 4182. Mr. PRYOR submitted an amend- Res. 70, setting forth the congressional BROWNBACK) submitted an amendment in- ment intended to be proposed by him to the budget for the United States Govern- tended to be proposed by him to the concur- concurrent resolution S. Con. Res. 70, supra; ment for fiscal year 2009 and including rent resolution S. Con. Res. 70, supra; which which was ordered to lie on the table. the appropriate budgetary levels for was ordered to lie on the table. SA 4183. Mr. PRYOR (for himself and Mr. fiscal years 2008 and 2010 through 2013; SA 4166. Mr. BIDEN submitted an amend- KENNEDY) submitted an amendment intended which was ordered to lie on the table; ment intended to be proposed by him to the to be proposed by him to the concurrent res- as follows: concurrent resolution S. Con. Res. 70, supra; olution S. Con. Res. 70, supra; which was or- which was ordered to lie on the table. dered to lie on the table. On page 51, line 9, insert after the comma, SA 4167. Mr. KERRY submitted an amend- SA 4184. Mr. PRYOR (for himself and Mr. the following: ‘‘by increasing efforts to train ment intended to be proposed by him to the DORGAN) submitted an amendment intended and retrain manufacturing workers,’’. concurrent resolution S. Con. Res. 70, supra; to be proposed by him to the concurrent res- which was ordered to lie on the table. olution S. Con. Res. 70, supra; which was or- SA 4156. Mrs. FEINSTEIN (for her- SA 4168. Mr. REED (for himself, Mr. dered to lie on the table. self, Mr. SMITH, Mr. DURBIN, Mr. VOINOVICH, Mr. BOND, Mrs. CLINTON, Ms. COL- SA 4185. Mr. PRYOR (for himself, Mr. DOR- SUNUNU, Mr. DODD, Mr. COLEMAN, Mr. LINS, Mr. DODD, Mr. KENNEDY, Mr. KERRY, GAN, and Mr. KERRY) submitted an amend- LEAHY, Mr. CORKER, Mrs. BOXER, Mr. Ms. MIKULSKI, Mr. TESTER, Mr. WHITEHOUSE, ment intended to be proposed by him to the Mr. LIEBERMAN, and Mr. SCHUMER) submitted concurrent resolution S. Con. Res. 70, supra; MARTINEZ, Mr. VOINOVICH, Mr. MENEN- an amendment intended to be proposed by which was ordered to lie on the table. DEZ, Ms. MIKULSKI, Mr. LEVIN, Mrs. him to the concurrent resolution S. Con. f CLINTON, Mr. HAGEL, Mr. BINGAMAN, Res. 70, supra; which was ordered to lie on TEXT OF AMENDMENTS Mr. KERRY, and Ms. CANTWELL) sub- the table. mitted an amendment intended to be SA 4153. Mr. BURR submitted an SA 4169. Mr. GRASSLEY submitted an proposed by her to the concurrent reso- amendment intended to be proposed by amendment intended to be proposed by him lution S. Con. Res. 70, setting forth the to the concurrent resolution S. Con. Res. 70, him to the concurrent resolution S. congressional budget for the United supra; which was ordered to lie on the table. Con. Res. 70, setting forth the congres- States Government for fiscal year 2009 SA 4170. Mr. GRAHAM (for himself, Mr. sional budget for the United States MCCAIN, Mr. KYL, Mr. MCCONNELL, and Mr. and including the appropriate budg- Government for fiscal year 2009 and in- DEMINT) proposed an amendment to the con- etary levels for fiscal years 2008 and cluding the appropriate budgetary lev- current resolution S. Con. Res. 70, supra. 2010 through 2013; which was ordered to els for fiscal years 2008 and 2010 SA 4171. Mr. CASEY (for himself, Mr. DUR- lie on the table; as follows: BIN, Mr. BROWN, and Mr. GRASSLEY) sub- through 2013; which was ordered to lie mitted an amendment intended to be pro- on the table; as follows: On page 10, line 12, increase the amount by $2,639,000,000. posed by him to the concurrent resolution S. On page 19, line 16, increase the amount by Con. Res. 70, supra; which was ordered to lie $148,000,000. On page 10, line 13, increase the amount by on the table. On page 19, line 17, increase the amount by $1,356,000,000. SA 4172. Mr. CASEY (for himself, Mr. SES- $89,000,000. On page 10, line 17, increase the amount by SIONS, and Mrs. CLINTON) submitted an On page 19, line 21, increase the amount by $673,000,000. amendment intended to be proposed by him $44,000,000. On page 10, line 21, increase the amount by to the concurrent resolution S. Con. Res. 70, On page 19, line 25, increase the amount by $263,000,000. supra; which was ordered to lie on the table. $15,000,000. On page 10, line 25, increase the amount by SA 4173. Mr. BINGAMAN (for himself, Mr. On page 27, line 16, decrease the amount by $159,000,000. ALEXANDER, Mr. KENNEDY, Mr. DOMENICI, Ms. $148,000,000. On page 11, line 4, increase the amount by On page 27, line 17, decrease the amount by MIKULSKI, Mr. ENSIGN, Mr. DURBIN, Mrs. $84,000,000. FEINSTEIN, Mr. LIEBERMAN, and Mr. SCHU- $89,000,000. On page 27, line 16, decrease the amount by MER) submitted an amendment intended to On page 27, line 21, decrease the amount by $2,639,000,000. be proposed by him to the concurrent resolu- $44,000,000. tion S. Con. Res. 70, supra; which was or- On page 27, line 25, decrease the amount by On page 27, line 17, decrease the amount by dered to lie on the table. $15,000,000. $1,356,000,000. SA 4174. Mr. GRASSLEY (for himself and On page 27, line 21, decrease the amount by Mrs. MCCASKILL) submitted an amendment SA 4154. Mr. REED (for himself, Ms. $673,000,000. intended to be proposed by him to the con- COLLINS, Mr. BAUCUS, Mr. BINGAMAN, On page 27, line 25, decrease the amount by current resolution S. Con. Res. 70, supra; Mr. BOND, Mr. BROWN, Mrs. CLINTON, $263,000,000. which was ordered to lie on the table. Mr. DODD, Mr. DURBIN, Mr. KENNEDY, On page 28, line 4, decrease the amount by SA 4175. Mr. CARPER (for himself and Mr. Mr. KERRY, Ms. MIKULSKI, Mr. OBAMA, $159,000,000. COBURN) submitted an amendment intended Ms. SNOWE, MR. SUNUNU, and Mr. On page 28, line 8, decrease the amount by to be proposed by him to the concurrent res- $84,000,000. WHITEHOUSE) submitted an amendment olution S. Con. Res. 70, supra; which was or- intended to be proposed by him to the dered to lie on the table. Mr. ALLARD submitted an concurrent resolution S. Con. Res. 70, SA 4157. SA 4176. Mr. CARPER (for himself and Mr. amendment intended to be proposed by COBURN) submitted an amendment intended setting forth the congressional budget him to the concurrent resolution S. to be proposed by him to the concurrent res- for the United States Government for Con. Res. 70, setting forth the congres- olution S. Con. Res. 70, supra; which was or- fiscal year 2009 and including the ap- sional budget for the United States dered to lie on the table. propriate budgetary levels for fiscal SA 4177. Mr. BROWN (for Ms. MIKULSKI (for Government for fiscal year 2009 and in- years 2008 and 2010 through 2013.; which herself, Mr. KENNEDY, Mr. CORNYN, Mr. SPEC- cluding the appropriate budgetary lev- was ordered to lie on the table; as fol- TER, and Mr. LIEBERMAN)) proposed an els for fiscal years 2008 and 2010 lows: amendment to the bill S. 2516, to assist mem- through 2013.; which was ordered to lie bers of the Armed Forces in obtaining United On page 19, line 16, increase the amount by States citizenship, and for other purposes. $2,600,000,000. on the table; as follows: SA 4178. Mrs. FEINSTEIN submitted an On page 19, line 17, increase the amount by On page 4, line 5, increase the amount by amendment intended to be proposed by her $1,820,000,000. $100,533,000,000.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1884 CONGRESSIONAL RECORD — SENATE March 11, 2008 On page 4, line 6, increase the amount by (a) SCHIP.—The Chairman of the Senate Florida, Mr. SALAZAR, Mr. ROCKE- $2,674,000,000. Committee on the Budget may revise the al- FELLER, Mr. TESTER, Mr. BROWN, Mr. On page 4, line 7, increase the amount by locations, aggregates, and other appropriate MENENDEZ, Mr. BINGAMAN, Mr. CONRAD, $4,466,000,000. levels in this resolution for a bill, joint reso- On page 4, line 8, increase the amount by lution, amendment, motion, or conference Mr. LAUTENBERG, and Ms. LANDRIEU) $4,906,000,000. report that provides up to $50,000,000,000 in proposed an amendment to the concur- On page 4, line 9, increase by $5,221,000,000. outlays over the period of the total of fiscal rent resolution S. Con. Res. 70, setting On page 4, line 14, increase the amount by years 2008 through 2013 for reauthorization of forth the congressional budget for the $42,533,000,000. SCHIP, if such legislation maintains cov- United States Government for fiscal On page 4, line 15, increase the amount by erage for those currently enrolled in SCHIP, year 2009 and including the appropriate $60,674,000,000. continues efforts to enroll uninsured chil- budgetary levels for fiscal years 2008 On page 4, line 16, increase the amount by dren who are already eligible for SCHIP or $4,466,000,000. Medicaid but are not enrolled, or supports and 2010 through 2013; as follows: On page 4, line 17, increase the amount by States in their efforts to move forward in On page 3, line 11, decrease the amount by $4,906,000,000. covering more children, and amends the defi- $1,755,000,000. On page 4, line 18, increase the amount by nition of the term ‘‘targeted low-income On page 3, line 12, decrease the amount by $5,221,000,000. child’’ under title XXI of the Social Security $ 1,730,000,000. On page 4, line 23, increase the amount by Act to provide that such term means an indi- On page 3, line 13, decrease the amount by $42,533,000,000. vidual under age 19, including the period $28,324,000,000. On page 4, line 24, increase the amount by from conception to birth, who is eligible for On page 3, line 14, decrease the amount by $60,674,000,000. child health assistance under such title XXI $167,072,000,000. On page 4, line 25, increase the amount by by virtue of the definition of the term On page 3, line 15, decrease the amount by $4,466,000,000. ‘‘child’’ under section 457.10 of title 42, Code $141,689,000,000. On page 5, line 1, increase the amount by of Federal Regulations, by the amounts pro- On page 3, line 20, decrease the amount by $4,906,000,000. vided in that legislation for those purposes, $1,755,000,000. On page 5, line 2, increase the amount by provided that the outlay adjustment shall On page 3, line 21, decrease the amount by $5,221,000,000. not exceed $50,000,000,000 in outlays over the $1,730,000,000. On page 5, line 8, increase the amount by period of the total of fiscal years 2008 On page 3, line 22, decrease the amount by $42,533,000,000. through 2013, and provided that such legisla- $28,324,000,000. On page 5, line 9, increase the amount by tion would not increase the deficit over ei- On page 3, line 23, decrease the amount by $103,208,000,000. ther the period of the total of fiscal years $167,072,000,000. On page 5, line 10, increase the amount by 2008 through 2013 or the period of the total of On page 3, line 24, decrease the amount by $107,674,000,000. fiscal years 2008 through 2018. $141,689,000,000. On page 5, line 11, increase the amount by On page 4, line 5, increase the amount by $112,580,000,000. SA 4159. Mr. ALLARD submitted an $22,000,000. On page 5, line 12, increase the amount by amendment intended to be proposed by On page 4, line 6, increase the amount by $117,801,000,000. him to the concurrent resolution S. $97,000,000. On page 5, line 16, increase the amount by On page 4, line 7, increase the amount by $42,533,000,000. Con. Res. 70, setting forth the congres- sional budget for the United States $846,000,000. On page 5, line 17, increase the amount by On page 4, line 8, increase the amount by $103,208,000,000. Government for fiscal year 2009 and in- $5,664,000,000. On page 5, line 18, increase the amount by cluding the appropriate budgetary lev- On page 4, line 9, increase the amount by $107,674,000,000. els for fiscal years 2008 and 2010 $13,496,000,000. On page 5, line 19, increase the amount by through 2013; which was ordered to lie On page 4, line 14, increase the amount by $112,580,000,000. on the table; as follows: $22,000,000. On page 5, line 20, increase the amount by On page 4, line 15, increase the amount by $117,801,000,000. Strike paragraph (1) of section 306(e) and insert the following: $97,000,000. On page 9, line 13, increase the amount by On page 4, line 16, increase the amount by $100,000,000,000. (1) RULES OR ADMINISTRATIVE ACTIONS.— The Chairman of the Senate Committee on $846,000,000. On page 9, line 14, increase the amount by On page 4, line 17, increase the amount by $42,000,000,000. the Budget may revise the allocations, ag- gregates, and other appropriate levels in this $5,664,000,000. On page 9, line 18, increase the amount by On page 4, line 18, increase the amount by $58,000,000,000. resolution for a bill, joint resolution, amend- ment, motion, or conference report that in- $13,496,000,000. On page 26, line 16, increase the amount by On page 4, line 23, increase the amount by cludes provisions regarding the final rule $533,000,000. $1,777,000,000. published on May 29, 2007, on pages 29748 On page 26, line 17, increase the amount by On page 4, line 24, increase the amount by through 29836 of volume 72, Federal Register $533,000,000. $1,827,000,000. (relating to parts 433, 447, and 457 of title 42, On page 26, line 20, increase the amount by On page 4, line 25, increase the amount by Code of Federal Regulations) or any other $2,674,000,000. $29,170,000,000. rule or other administrative action that On page 26, line 21, increase the amount by On page 5, line 1, increase the amount by would affect the Medicaid program or SCHIP $2,674,000,000. $172,736,000,000. On page 26, line 24, increase the amount by in a similar manner, or place restrictions on On page 5, line 2, increase the amount by $4,466,000,000. coverage of or payment for graduate medical $155,185,000,000. On page 26, line 25, increase the amount by education, rehabilitation services, or school- On page 5, line 8, increase the amount by $4,466,000,000. based administration, school-based transpor- $1,777,000,000. On page 27, line 3, increase the amount by tation, or optional case management serv- On page 5, line 9, increase the amount by $4,906,000,000. ices under title XIX of the Social Security $3,604,000,000. On page 27, line 4, increase the amount by Act, or includes provisions regarding admin- On page 5, line 10, increase the amount by $4,906,000,000. istrative guidance issued in August 2007 af- $32,774,000,000. On page 27, line 7, increase the amount by fecting SCHIP or any other administrative On page 5, line 11, increase the amount by $5,221,000,000. action that would affect SCHIP in a similar $205,510,000,000. On page 27, line 8, increase the amount by manner, so long as no provision in such bill, On page 5, line 12, increase the amount by $5,221,000,000. joint resolution, amendment, motion or con- $360,695,000,000. On page 38, line 10, increase the amount by ference report shall be construed as prohib- On page 5, line 16, increase the amount by $100,000,000,000. iting the Secretary of Health and Human $1,777,000,000. Services from promulgating or implementing Mr. ALLARD submitted an On page 5, line 17, increase the amount by SA 4158. any rule, action, or guidance designed to pre- $3,604,000,000. amendment intended to be proposed by vent fraud and protect the integrity of the On page 5, line 18, increase the amount by him to the concurrent resolution S. Medicaid program or SCHIP or reduce inap- $32,774,000,000. Con. Res. 70, setting forth the congres- propriate spending under such programs, by On page 5, line 19, increase the amount by sional budget for the United States the amounts provided in that legislation for $205,510,000,000. Government for fiscal year 2009 and in- those purposes, provided that such legisla- On page 5, line 20, increase the amount by cluding the appropriate budgetary lev- tion would not increase the deficit over ei- $360,695,000,000. els for fiscal years 2008 and 2010 ther the total of the period of fiscal years On page 26, line 16, increase the amount by 2008 through 2013 or the total of the period of $22,000,000. through 2013; which was ordered to lie fiscal years 2008 through 2018. On page 26, line 17, increase the amount by on the table; as follows: $22,000,000. Strike subsection (a) of section 306 and in- SA 4160. Mr. BAUCUS (for himself, On page 26, line 20, increase the amount by sert the following: Mr. BAYH, Mr. PRYOR, Mr. NELSON of $97,000,000.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1885 On page 26, line 21, increase the amount by vided that such legislation would not in- SA 4165. Mr. BIDEN (for himself and $97,000,000. crease the deficit over either the period of Mr. BROWNBACK) submitted an amend- On page 26, line 24, increase the amount by the total of fiscal years 2008 through 2013 or ment intended to be proposed by him $846,000,000. the period of the total of fiscal years 2008 to the concurrent resolution S. Con. On page 26, line 25, increase the amount by through 2018. $846,000,000. Res. 70, setting forth the congressional On page 27, line 3, increase the amount by SA 4163. Mr. SMITH (for himself and budget for the United States Govern- $5,664,000,000. Mrs. CLINTON) submitted an amend- ment for fiscal year 2009 and including On page 27, line 4, increase the amount by ment intended to be proposed by him the appropriate budgetary levels for $5,664,000,000. to the concurrent resolution S. Con. fiscal years 2008 and 2010 through 2013; On page 27, line 7, increase the amount by Res. 70, setting forth the congressional which was ordered to lie on the table; $13,496,000,000. as follows: On page 27, line 8, increase the amount by budget for the United States Govern- $13,496,000,000. ment for fiscal year 2009 and including On page 24, line 16, increase the amount by the appropriate budgetary levels for $162,000,000. SA 4161. Mr. MARTINEZ submitted fiscal years 2008 and 2010 through 2013; On page 24, line 17, increase the amount by an amendment intended to be proposed which was ordered to lie on the table; $36,000,000. by him to the concurrent resolution S. On page 24, line 21, increase the amount by as follows: $49,000,000. Con. Res. 70, setting forth the congres- At the appropriate place, insert the fol- On page 24, line 25, increase the amount by sional budget for the United States lowing: $32,000,000. Government for fiscal year 2009 and in- SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR On page 25, line 4, increase the amount by cluding the appropriate budgetary lev- DEMONSTRATION PROJECT RE- $24,000,000. els for fiscal years 2008 and 2010 GARDING MEDICAID COVERAGE OF On page 25, line 8, increase the amount by LOW-INCOME HIV-INFECTED INDI- $21,000,000. through 2013; which was ordered to lie VIDUALS. On page 27, line 16, decrease the amount by on the table; as follows: The Chairman of the Senate Committee on $162,000,000. the Budget may revise the allocations of a On page 3, line 11, decrease the amount by On page 27, line 17, decrease the amount by committee or committees, aggregates, and $63,000,000. $36,000,000. other appropriate levels in this resolution On page 3, line 12, decrease the amount by On page 27, line 21, decrease the amount by for one or more bills, joint resolutions, $239,000,000. $49,000,000. amendments, motions or conference reports On page 3, line 13, decrease the amount by On page 27, line 25, decrease the amount by that provide for a demonstration project $484,000,000. $32,000,000. under which a State may apply under section On page 3, line 14, decrease the amount by On page 28, line 4, decrease the amount by 1115 of the Social Security Act (42 U.S.C. $687,000,000. $24,000,000. 1315) to provide medical assistance under a On page 3, line 15, decrease the amount by On page 28, line 8, decrease the amount by State Medicaid program to HIV-infected in- $780,000,000. $21,000,000. On page 27, line 16, decrease the amount by dividuals who are not eligible for medical as- $63,000,000. sistance under such program under section Mr. BIDEN submitted an 1902(a)(10)(A)(i) of the Social Security Act (42 SA 4166. On page 27, line 17, decrease the amount by amendment intended to be proposed by $63,000,000. U.S.C. 1396a(a)(10)(A)(i)), by the amounts pro- On page 27, line 20, decrease the amount by vided in that legislation for those purposes him to the concurrent resolution S. $239,000,000. up to $500,000,000, provided that such legisla- Con. Res. 70, setting forth the congres- On page 27, line 21, decrease the amount by tion would not increase the deficit over ei- sional budget for the United States $239,000,000. ther the total of the period of fiscal years Government for fiscal year 2009 and in- On page 27, line 24, decrease the amount by 2008 through 2013 or the total of the period of cluding the appropriate budgetary lev- $484,000,000. fiscal years 2008 through 2018. els for fiscal years 2008 and 2010 On page 27, line 25, decrease the amount by through 2013; which was ordered to lie $484,000,000. SA 4164. Mr. BIDEN (for himself, On page 28, line 3, decrease the amount by Mrs. BOXER, Mr. BROWN, Ms. CANTWELL, on the table; as follows: $687,000,000. Mr. CASEY, Mrs. CLINTON, Mr. KOHL, On page 24, line 16, increase the amount by $100,000,000. On page 28, line 4, decrease the amount by Mr. LEAHY, Mr. MENENDEZ, Mr. NELSON On page 24, line 17, increase the amount by $687,000,000. of Florida, Mr. REED, and Mr. FEIN- On page 28, line 7, decrease the amount by $22,000,000. GOLD) submitted an amendment in- $780,000,000. On page 24, line 21, increase the amount by On page 28, line 8, decrease the amount by tended to be proposed by him to the $30,000,000. $780,000,000. concurrent resolution S. Con. Res. 70, On page 24, line 25, increase the amount by setting forth the congressional budget $20,000,000. SA 4162. Mr. REID submitted an for the United States Government for On page 25, line 4, increase the amount by amendment intended to be proposed by fiscal year 2009 and including the ap- $15,000,000. him to the concurrent resolution S. propriate budgetary levels for fiscal On page 25, line 8, increase the amount by $13,000,000. Con. Res. 70, setting forth the congres- years 2008 and 2010 through 2013; which On page 27, line 16, decrease the amount by sional budget for the United States was ordered to lie on the table; as fol- $100,000,000. Government for fiscal year 2009 and in- lows: On page 27, line 17, decrease the amount by cluding the appropriate budgetary lev- On page 24, line 16, increase the amount by $22,000,000. els for fiscal years 2008 and 2010 $551,000,000. On page 27, line 21, decrease the amount by through 2013; which was ordered to lie On page 24, line 17, increase the amount by $30,000,000. on the table; as follows: $66,000,000. On page 27, line 25, decrease the amount by On page 24, line 21, increase the amount by $20,000,000. At the appropriate place, insert the fol- $154,000,000. On page 28, line 4, decrease the amount by lowing: On page 25, line 25, increase the amount by $15,000,000. SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR $138,000,000. On page 28, line 8, decrease the amount by ACCELERATION OF PHASED-IN ELI- On page 26, line 4, increase the amount by $13,000,000. GIBILITY FOR CONCURRENT RE- $110,000,000. CEIPT OF BENEFITS. On page 25, line 8, increase the amount by The Chairman of the Senate Committee on SA 4167. Mr. KERRY submitted an $83,000,000. amendment intended to be proposed by the Budget may revise the allocations, ag- On page 27, line 16, decrease the amount by gregates, and other appropriate levels and $551,000,000. him to the concurrent resolution S. limits in this resolution for a bill, joint reso- On page 27, line 17, decrease the amount by Con. Res. 70, setting forth the congres- lution, amendment, motion, or conference $66,000,000. sional budget for the United States report that provides for changing the date by On page 27, line 21, decrease the amount by Government for fiscal year 2009 and in- which eligibility of members of the Armed $154,000,000. cluding the appropriate budgetary lev- Forces for concurrent receipt of retired pay On page 27, line 25, decrease the amount by els for fiscal years 2008 and 2010 and veterans’ disability compensation under $138,000,000. section 1414 of title 10, United States Code, is On page 28, line 4, decrease the amount by through 2013; which was ordered to lie fully phased in from December 31, 2013, to $110,000,000. on the table; as follows: September 30, 2008, by the amounts provided On page 28, line 8, decrease the amount by On page 56, line 12, after ‘‘transit’’ insert ‘‘, in that legislation for those purposes, pro- $83,000,000. high speed passenger rail,’’.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1886 CONGRESSIONAL RECORD — SENATE March 11, 2008 SA 4168. Mr. REED (for himself, Mr. bilitation services by States, and the appro- On page 5, line 19, increase the amount by VOINOVICH, Mr. BOND, Mrs. CLINTON, priate billing methodologies for school-based $235,846,000,000. On page 5, line 20, increase the amount by Ms. COLLINS, Mr. DODD, Mr. KENNEDY, administration, school-based transportation, and case management services, by the $402,190,000,000. Mr. KERRY, Ms. MIKULSKI, Mr. TESTER, amounts provided in that legislation for On page 26, line 16, increase the amount by Mr. WHITEHOUSE, Mr. LIEBERMAN, and those purposes, provided that such legisla- $18,000,000. Mr. SCHUMER) submitted an amend- tion would not increase the deficit over ei- On page 26, line 17, increase the amount by ment intended to be proposed by him ther the total of the period of fiscal years $18,000,000. On page 26, line 20, increase the amount by to the concurrent resolution S. Con. 2008 through 2013 or the total of the period of $110,000,000. Res. 70, setting forth the congressional fiscal years 2008 through 2018. On page 26, line 21, increase the amount by budget for the United States Govern- $110,000,000. ment for fiscal year 2009 and including SA 4170. Mr. GRAHAM (for himself, On page 26, line 24, increase the amount by the appropriate budgetary levels for Mr. MCCAIN, Mr. KYL, Mr. MCCONNELL, $2,487,000,000. fiscal years 2008 and 2010 through 2013; and Mr. DEMINT) proposed an amend- On page 26, line 25, increase the amount by $2,487,000,000. which was ordered to lie on the table; ment to the concurrent resolution S. Con. Res. 70, setting forth the congres- On page 27, line 3, increase the amount by as follows: $8,005,000,000. sional budget for the United States On page 13, line 13, increase the amount by On page 27, line 4, increase the amount by $477,000,000. Government for fiscal year 2009 and in- $8,005,000,000. On page 13, line 14, increase the amount by cluding the appropriate budgetary lev- On page 27, line 7, increase the amount by $19,000,000. els for fiscal years 2008 and 2010 $15,207,000,000. On page 13, line 18, increase the amount by through 2013; as follows: On page 27, line 8, increase the amount by $15,207,000,000. $95,000,000. On page 3, line 11, decrease the amount by On page 13, line 22, increase the amount by $949,000,000. SA 4171. Mr. CASEY (for himself, Mr. $143,000,000. On page 3, line 12, decrease the amount by DURBIN, Mr. BROWN, and Mr. GRASSLEY) On page 14, line 1, increase the amount by $3,215,000,000. $95,000,000. submitted an amendment intended to On page 3, line 13, decrease the amount by be proposed by him to the concurrent On page 14, line 5, increase the amount by $93,791,000,000. $48,000,000. On page 3, line 14, decrease the amount by resolution S. Con. Res. 70, setting forth On page 27, line 16, decrease the amount by $127,024,000,000. the congressional budget for the United $477,000,000. On page 3, line 15, decrease the amount by States Government for fiscal year 2009 On page 27, line 17, decrease the amount by $151,137,000,000. and including the appropriate budg- $19,000,000. On page 3, line 20, decrease the amount by etary levels for fiscal years 2008 and On page 27, line 21, decrease the amount by $949,000,000. 2010 through 2013; which was ordered to $95,000,000. On page 3, line 21, decrease the amount by lie on the table; as follows: On page 27, line 25, decrease the amount by $3,215,000,000. At the end of title III, insert the following: $143,000,000. On page 3, line 22, decrease the amount by On page 28, line 4, decrease the amount by $93,791,000,000. SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR $95,000,000. On page 3, line 23, decrease the amount by FOOD SAFETY. The Chairman of the Senate Committee on On page 28, line 8, decrease the amount by $127,024,000,000. the Budget may revise the allocations of a $48,000,000. On page 3, line 24, decrease the amount by committee or committees, aggregates, and $151,137,000,000. other levels in this resolution for one or SA 4169. Mr. GRASSLEY submitted On page 4, line 5, increase the amount by more bills, joint resolutions, amendments, $18,000,000. an amendment intended to be proposed motions, or conference reports that would On page 4, line 6, increase the amount by by him to the concurrent resolution S. expand the level of Food and Drug Adminis- $110,000,000. Con. Res. 70, setting forth the congres- tration and Department of Agriculture food On page 4, line 7, increase the amount by sional budget for the United States safety inspection services, develop risk-based $2,487,000,000. approaches to the inspection of domestic and Government for fiscal year 2009 and in- On page 4, line 8, increase the amount by imported food products, provide for infra- cluding the appropriate budgetary lev- $8,005,000,000. structure and information technology sys- els for fiscal years 2008 and 2010 On page 4, line 9, increase the amount by tems to enhance the safety of the food sup- $15,207,000,000. through 2013; which was ordered to lie ply, expand scientific capacity and training On page 4, line 14, increase the amount by on the table; as follows: programs, invest in improved surveillance $18,000,000. Beginning on page 66, strike line 6 and all and testing technologies, provide for On page 4, line 15, increase the amount by that follows through page 67, line 5, and in- foodborne illness awareness and education $110,000,000. programs, and enhance the Food and Drug sert the following: On page 4, line 16, increase the amount by Administration’s recall authority, by the (1) RULES OR ADMINISTRATIVE ACTIONS.— $2,487,000,000 amounts provided in such legislation for The Chairman of the Senate Committee on On page 4, line 17, increase the amount by such purposes up to $1,500,000,000, provided the Budget may revise the allocations, ag- $8,005,000,000. gregates, and other appropriate levels in this On page 4, line 18, increase the amount by that such legislation would not increase the deficit over either the period of the total of resolution for a bill, joint resolution, amend- $15,207,000,000. ment, motion, or conference report that in- On page 4, line 23, increase the amount by fiscal years 2008 through 2013 or the period of cludes provisions regarding the final rule $967,000,000. the total of fiscal years 2008 through 2018. published on May 29, 2007, on pages 29748 On page 4, line 24, increase the amount by SA 4172. Mr. CASEY (for himself, Mr. through 29836 of volume 72, Federal Register $3,325,000,000. (relating to parts 433, 447, and 457 of title 42, On page 4, line 25, increase the amount by SESSIONS, and Mrs. CLINTON) submitted Code of Federal Regulations) or any other $96,278,000,000. an amendment intended to be proposed rule or other administrative action that On page 5, line 1, increase the amount by by him to the concurrent resolution S. would affect the Medicaid program or SCHIP $135,079,000,000. Con. Res. 70, setting forth the congres- in a similar manner, or place restrictions on On page 5, line 2, increase the amount by sional budget for the United States coverage of or payment for graduate medical $166,344,000,000. Government for fiscal year 2009 and in- education, rehabilitation services, or school- On page 5, line 8, increase the amount by cluding the appropriate budgetary lev- based administration, school-based transpor- $1,214,000,000. els for fiscal years 2008 and 2010 tation, or optional case management serv- On page 5, line 9, increase the amount by ices under title XIX of the Social Security $4,539,000,000. through 2013; which was ordered to lie Act, or includes provisions regarding admin- On page 5, line 10, increase the amount by on the table; as follows: istrative guidance issued in August 2007 af- $100,817,000,000. On page 58, line 23, strike ‘‘family mem- fecting SCHIP or any other administrative On page 5, line 11, increase the amount by bers;’’ and insert ‘‘family members; or action that would affect SCHIP in a similar $235,846,000,000. (4) providing for the continuing payment manner, so long as such bill, joint resolu- On page 5, line 12, increase the amount by to members of the Armed Forces who are re- tion, amendment, motion or conference re- $402,190,000,000. tired or separated from the Armed Forces port also includes amendments to such title On page 5, line 16, increase the amount by due to a combat-related injury after Sep- XIX clarifying the allowable uses of Federal $1,214,000,000. tember 11, 2001, of bonuses that such mem- funds paid to public providers, the appro- On page 5, line 17, increase the amount by bers were entitled to before the retirement priate methodologies States can use to bill $4,539,000,000. or separation and would continue to be enti- the Federal Government for graduate med- On page 5, line 18, increase the amount by tled to such members were not retired or ical education, the appropriate use of reha- $100,817,000,000. separated;

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1887 SA 4173. Mr. BINGAMAN (for him- titled, ‘‘Contractor Compliance Program and United States Code, (commonly referred to self, Mr. ALEXANDER, Mr. KENNEDY, Mr. Integrity Reporting’’ (FAR Case 2007-006), on as the Erroneous Payments Recovery Act of DOMENICI, Ms. MIKULSKI, Mr. ENSIGN, November 14, 2007. 2001) and uses such savings to reduce the def- (5) The rule proposed in the regulation icit, by the amounts provided in such legisla- Mr. DURBIN, Mrs. FEINSTEIN, Mr. issued on November 14, 2007, included a loop- tion for such purpose, provided that such leg- LIEBERMAN, and Mr. SCHUMER) sub- hole that would exempt from such regulation islation would not increase the deficit over mitted an amendment intended to be any contract or subcontract to be performed either the period of the total of fiscal years proposed by him to the concurrent res- entirely outside the United States. 2008 through 2013 or the period of the total of olution S. Con. Res. 70, setting forth (6) The Department of Justice objected to fiscal years 2008 through 2018. the congressional budget for the United the inclusion of such new loophole in a letter States Government for fiscal year 2009 to the General Services Administration SA 4177. Mr. BROWN (for Ms. MIKUL- a including the appropriate budgetary dated January 14, 2008. SKI (for herself, Mr. KENNEDY, Mr. levels for fiscal years 2008 and 2010 (7) The proposed rule is currently under re- CORNYN, Mr. SPECTER, and Mr. view by the Office of Management and Budg- through 2013; which was ordered to lie LIEBERMAN)) proposed an amendment et and continues to include such new loop- to the bill S. 2516, to assist members of on the table, as follows: hole for overseas contracts. On page 11, line 13, increase the amount by (b) SENSE OF THE SENATE.—It is the sense the Armed Forces in obtaining United $600,000,000. of the Senate that— states citizenship, and for other pur- On page 11, line 14, increase the amount by (1) Federal Government contracts to be poses; as follows: $306,000,000. performed outside the United States should Strike all after the enacting clause and in- On page 11, line 18, increase the amount by be subject to ethics, control, and reporting sert the following: $210,000,000. requirements that are the same, or at least SECTION 1. SHORT TITLE. On page 11, line 22, increase the amount by as rigorous as those for contracts to be per- This Act may be cited as the ‘‘Kendell $60,000,000. formed domestically; and Frederick Citizenship Assistance Act’’. On page 12, line 1, increase the amount by (2) any final rulemaking related to FAR $12,000,000. Case 2007-006 should not exempt overseas SEC. 2. FINGERPRINTS AND OTHER BIOMETRIC On page 12, line 5, increase the amount by INFORMATION FOR MEMBERS OF contracts. THE UNITED STATES ARMED $12,000,000. FORCES. On page 27, line 16, decrease the amount by SA 4175. Mr. CARPER (for himself (a) IN GENERAL.—Notwithstanding any $600,000,000. and Mr. COBURN) submitted an amend- other provision of law, including section 552a On page 27, line 17, decrease the amount by ment intended to be proposed by him of title 5, United States Code (commonly re- $306,000,000. to the concurrent resolution S. Con. ferred to as the ‘‘Privacy Act of 1974’’), the On page 27, line 21, decrease the amount by Res. 70, setting forth the congressional Secretary of Homeland Security shall use $210,000,000. the fingerprints provided by an individual at On page 27, line 25, decrease the amount by budget for the United States Govern- the time the individual enlisted in the $60,000,000. ment for fiscal year 2009 and including United States Armed Forces, or at the time On page 28, line 4, decrease the amount by the appropriate budgetary levels for the individual filed an application for adjust- $12,000,000. fiscal years 2008 and 2010 through 2013; ment of status, to satisfy any requirement On page 28, line 8, decrease the amount by which was ordered to lie on the table; for background and security checks in con- $12,000,000. as follows: nection with an application for naturaliza- On page 69, after line 25, add the following: tion if— SA 4174. Mr. GRASSLEY (for himself SEC. 308. DEFICIT-NEUTRAL RESERVE FUND FOR (1) the individual may be naturalized pur- and Mrs. MCCASKILL) submitted an DISPOSAL OF PROPERTY NOT MEET- suant to section 328 or 329 of the Immigra- amendment intended to be proposed by ING FEDERAL NEEDS. tion and Nationality Act (8 U.S.C. 1439, 1440); him to the concurrent resolution S. The Chairman of the Senate Committee on (2) the individual was fingerprinted and Con. Res. 70, setting forth the congres- the Budget may revise the allocations of a provided other biometric information in ac- sional budget for the United States committee or committees, aggregates, and cordance with the requirements of the De- Government for fiscal year 2009 and in- other levels in this resolution for one or partment of Defense at the time the indi- more bills, joint resolutions, amendments, vidual enlisted in the United States Armed cluding the appropriate budgetary lev- motions, or conference reports that results els for fiscal years 2008 and 2010 Forces; in the disposal of property (as defined under (3) the individual— through 2013; which was ordered to lie section 102(9) of title 40, United States Code) (A) submitted an application for natu- on the table; as follows: that is not meeting Federal Government ralization not later than 24 months after the At the appropriate place, insert the fol- needs and uses any profits or savings realized date on which the individual enlisted in the lowing: to reduce the deficit, by the amounts pro- United States Armed Forces; or SEC. ll. SENSE OF THE SENATE REGARDING vided in such legislation for such purpose, (B) provided the required biometric infor- OVERSEAS CONTRACTING INTEG- provided that such legislation would not in- mation to the Department of Homeland Se- RITY REQUIREMENTS. crease the deficit over either the period of curity through a United States Citizenship (a) FINDINGS.—The Senate makes the fol- the total of fiscal years 2008 through 2013 or and Immigration Services Application Sup- lowing findings: the period of the total of fiscal years 2008 port Center at the time of the individual’s (1) Overseas contracts pose a significant through 2018. application for adjustment of status if filed potential for fraud and abuse. not later than 24 months after the date on (2) Fraud against the Federal Government, SA 4176. Mr. CARPER (for himself which the individual enlisted in the United whether it occurs domestically or abroad, and Mr. COBURN) submitted an amend- States Armed Forces; and should be detected and prosecuted to the ment intended to be proposed by him (4) the Secretary of Homeland Security de- fullest extent of the law. to the concurrent resolution S. Con. termines that the biometric information (3) On May 23, 2007, the Department of Jus- Res. 70, setting forth the congressional provided, including fingerprints, is sufficient tice requested amendments to the Federal budget for the United States Govern- to conduct the required background and se- Acquisition Regulation (referred to in this ment for fiscal year 2009 and including curity checks needed for the applicant’s nat- section as ‘‘FAR’’) that would require Fed- uralization application. the appropriate budgetary levels for eral Government contractors to— (b) MORE TIMELY AND EFFECTIVE ADJUDICA- (A) have a code of ethics and business con- fiscal years 2008 and 2010 through 2013; TION.—Nothing in this section precludes an duct; which was ordered to lie on the table; individual described in subsection (a) from (B) establish and maintain specific inter- as follows: submitting a new set of biometric informa- nal controls to detect and prevent improper On page 69, after line 25, add the following: tion, including fingerprints, to the Secretary conduct in connection with the award or per- SEC. 308. DEFICIT-NEUTRAL RESERVE FUND FOR of Homeland Security with an application formance of Federal Government contracts INCREASED USE OF RECOVERY AU- for naturalization. If the Secretary deter- or subcontracts; and DITS. mines that submitting a new set of biometric (C) notify contracting officers without The Chairman of the Senate Committee on information, including fingerprints, would delay whenever the contractor had become the Budget may revise the allocations of a result in more timely and effective adjudica- aware of violations of Federal criminal law committee or committees, aggregates, and tion of the individual’s naturalization appli- with regards to such contracts or sub- other levels in this resolution for one or cation, the Secretary shall— contracts. more bills, joint resolutions, amendments, (1) inform the individual of such deter- (4) The Department of Defense, the General motions, or conference reports that achieves mination; and Services Administration, and the National savings by requiring that agencies increase (2) provide the individual with a descrip- Aeronautics and Space Administration their use of recovery audits authorized under tion of how to submit such biometric infor- issued a Federal Acquisition Regulation en- subchapter VI of chapter 35 of title 31, mation, including fingerprints.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1888 CONGRESSIONAL RECORD — SENATE March 11, 2008

(c) COOPERATION.—The Secretary of Home- fense to prepare, handle, and adjudicate such On page 58, line 17, insert ‘‘(including spe- land Security, in consultation with the Sec- applications; cially adapted housing grants)’’ after ‘‘dis- retary of Defense, shall determine the for- (B) the effectiveness of the chain of author- ability benefits’’. mat of biometric information, including fin- ity, supervision, and training of employees of gerprints, acceptable for usage under sub- the Federal Government or of other entities, SA 4180. Mr. PRYOR submitted an section (a). The Secretary of Defense, or any including contract employees, who have any amendment intended to be proposed by other official having custody of the biomet- role in such process or adjudication; and him to the concurrent resolution S. ric information, including fingerprints, re- (C) the ability of the Secretary of Home- Con. Res. 70, setting forth the congres- ferred to in subsection (a), shall— land Security and the Secretary of Defense sional budget for the United States (1) make such prints available, without to use technology to facilitate or accomplish charge, to the Secretary of Homeland Secu- any aspect of such process or adjudication Government for fiscal year 2009 and in- rity for the purpose described in subsection and to safeguard privacy and civil liberties cluding the appropriate budgetary lev- (a); and (b) IMPLEMENTATION.— els for fiscal years 2008 and 2010 (2) otherwise cooperate with the Secretary (1) STUDY.—The Comptroller General of the through 2013; which was ordered to lie of Homeland Security to facilitate the proc- United States and the Inspector General of on the table; as follows: essing of applications for naturalization the Department of Homeland Security shall On page 9, line 13, increase the amount by under subsection (a). conduct a study on the implementation of $65,000,000. (d) ELECTRONIC TRANSMISSION.—Not later this Act by the Secretary of Homeland Secu- than one year after the date of the enact- On page 9, line 14, increase the amount by rity and the Secretary of Defense, including $32,000,000. ment of this Act, the Secretary of Homeland an assessment of any technology that may Security shall, in coordination with the Sec- On page 9, line 18, increase the amount by be used to improve the efficiency of the nat- $26,000,000. retary of Defense and the Director of the uralization process for members of the Federal Bureau of Investigation, implement On page 9, line 22, increase the amount by United States Armed Forces and an assess- $5,000,000. procedures that will ensure the rapid elec- ment of the impact of this Act on privacy tronic transmission of biometric informa- On page 27, line 16, decrease the amount by and civil liberties. $65,000,000. tion, including fingerprints, from existing (2) REPORT.—Not later than 180 days after repositories of such information needed for On page 27, line 17, decrease the amount by the date on which the Secretary of Homeland $32,000,000. military personnel applying for naturaliza- Security submits the report required under tion as described in subsection (a) and that On page 27, line 21, decrease the amount by subsection (a), the Comptroller General and $26,000,000. will safeguard privacy and civil liberties. the Inspector General shall submit a report (e) CENTRALIZATION AND EXPEDITED PROC- On page 27, line 25, decrease the amount by to the appropriate congressional committees ESSING.— $5,000,000. on the study required by paragraph (1) that (1) CENTRALIZATION.—The Secretary of includes recommendations for improving the Homeland Security shall centralize the data SA 4181. Mr. PRYOR (for himself, Ms. implementation of this Act. processing of all applications for naturaliza- SNOWE, and Mr. BINGAMAN) submitted tion filed by members of the United States (c) APPROPRIATE CONGRESSIONAL COMMIT- an amendment intended to be proposed Armed Forces on active duty serving abroad. TEES DEFINED.—In this section, the term ‘‘appropriate congressional committees’’ by him to the concurrent resolution S. (2) EXPEDITED PROCESSING.—The Secretary means— Con. Res. 70, setting forth the congres- of Homeland Security, the Director of the sional budget for the United States Federal Bureau of Investigation, and the Di- (1) the Committee on Armed Services of rector of National Intelligence shall take ap- the Senate; Government for fiscal year 2009 and in- propriate actions to ensure that applications (2) the Committee on Homeland Security cluding the appropriate budgetary lev- for naturalization by members of the United and Governmental Affairs of the Senate; els for fiscal years 2008 and 2010 States Armed Forces described in paragraph (3) the Committee on the Judiciary of the through 2013; which was ordered to lie (1), and associated background checks, re- Senate; on the table; as follows: (4) the Committee on Armed Services of ceive expedited processing and are adju- At the end of Title III, insert the following: dicated within 180 days of the receipt of re- the House of Representatives; lll sponses to all background checks. (5) the Committee on Homeland Security SEC. . DEFICIT-NEUTRAL RESERVE FUND of the House of Representatives; and FOR SCIENCE PARKS. SEC. 3. PROVISION OF INFORMATION ON MILI- The Chairman of the Senate Committee on TARY NATURALIZATION. (6) the Committee on the Judiciary of the the Budget may revise the allocations of a (a) IN GENERAL.—Not later than 30 days House of Representatives. after the effective date of any modification committee or committees, aggregates, and to a regulation related to naturalization SA 4178. Mrs. FEINSTEIN submitted other levels in this resolution for one or under section 328 or 329 of the Immigration an amendment intended to be proposed more bills, joint resolutions, amendments, and Nationality Act (8 U.S.C. 1439, 1440), the by her to the concurrent resolution S. motions, or conference reports that would Secretary of Homeland Security shall make provide grants and loan guarantees for the Con. Res. 70, setting forth the congres- development and construction of science appropriate updates to the Internet sites sional budget for the United States maintained by the Secretary to reflect such parks to promote the clustering of innova- modification. Government for fiscal year 2009 and in- tion through high technology activities, by (b) SENSE OF CONGRESS.—It is the sense of cluding the appropriate budgetary lev- the amounts provided in such legislation for Congress that the Secretary of Homeland Se- els for fiscal years 2008 and 2010 such purpose, provided that such legislation curity, not later than 180 days after each ef- through 2013; which was ordered to lie would not increase the deficit over either the fective date described in subsection (a), on the table; as follows: period of the total of fiscal years 2008 should make necessary updates to the appro- through 2013 or the period of the total of fis- On page 25, line 16, increase the amount by priate application forms of the Department cal years 2008 through 2018. $703,000,000. of Homeland Security. On page 25, line 17, increase the amount by SEC. 4. REPORTS. SA 4182. Mr. PRYOR submitted an $387,000,000. (a) ADJUDICATION PROCESS.— amendment intended to be proposed by On page 25, line 21, increase the amount by (1) IN GENERAL.—Not later than 120 days him to the concurrent resolution S. $316,000,000. after the date of the enactment of this Act, Con. Res. 70, setting forth the congres- the Secretary of Homeland Security shall On page 27, line 16, decrease the amount by $703,000,000. sional budget for the United States submit a report to the appropriate congres- Government for fiscal year 2009 and in- sional committees on the entire process for On page 27, line 17, decrease the amount by the adjudication of an application for natu- $387,000,000. cluding the appropriate budgetary lev- ralization filed pursuant to section 328 or 329 On page 27, line 21, decrease the amount by els for fiscal years 2008 and 2010 of the Immigration and Nationality Act (8 $316,000,000. through 2013; which was ordered to lie U.S.C. 1439, 1440), including the process on the table; as follows: that— SA 4179. Mr. PRYOR submitted an After ‘‘data’’ on page 64, line 6, strike ‘‘,’’ (A) begins at the time the application is amendment intended to be proposed by and add the following: mailed to, or received by, the Secretary, re- him to the concurrent resolution S. ‘‘and activities by the Department of Health gardless of whether the Secretary deter- Con. Res. 70, setting forth the congres- and Human Services to foster the use of elec- mines that such application is complete; and sional budget for the United States tronic health record data at Community (B) ends on the date of the final disposition Government for fiscal year 2009 and in- Health Centers,’’ of such application. (2) CONTENTS.—The report submitted under cluding the appropriate budgetary lev- paragraph (1) shall include a description of— els for fiscal years 2008 and 2010 SA 4183. Mr. PRYOR (for himself and (A) the methods used by the Secretary of through 2013; which was ordered to lie Mr. KENNEDY) submitted an amend- Homeland Security and the Secretary of De- on the table; as follows: ment intended to be proposed by him

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1889 to the concurrent resolution S. Con. uitous broadband service for all individuals mittee on Commerce, Science, and Res. 70, setting forth the congressional in the United States; and Transportation be authorized to meet budget for the United States Govern- (B) maintain the freedom to use for lawful during the session of the Senate on ment for fiscal year 2009 and including purposes broadband networks without unrea- Tuesday, March 11, 2008, at 2:30 p.m., in the appropriate budgetary levels for sonable interference from, or discrimination by, network operators. room 253 of the Russell Senate Office fiscal years 2008 and 2010 through 2013.; Building, in order to conduct a hearing. which was ordered to lie on the table; SA 4185. Mr. PRYOR (for himself, Mr. At this hearing, the Committee will as follows: DORGAN, and Mr. KERRY) submitted an conduct an oversight hearing on the At the end of Sec. 302, insert the following: amendment intended to be proposed by Department of Transportation’s cur- (b) The Chairman of the Senate Committee him to the concurrent resolution S. rent Cross-Border Truck Pilot Pro- on the Budget may revise the allocations of gram. This pilot program, administered a committee or committees, aggregates, and Con. Res. 70, setting forth the congres- other levels and limits in this resolution for sional budget for the United States by the Federal Motor Carrier Safety one or more bills, joint resolutions, amend- Government for fiscal year 2009 and in- Administration, provides temporary ments, motions, or conference reports that cluding the appropriate budgetary lev- operating authority to a limited num- would improve student achievement during els for fiscal years 2008 and 2010 ber of motor carriers domiciled in Mex- secondary education, including middle through 2013; which was ordered to lie ico and the United States for cross-bor- school completion, high school graduation on the table; as follows: der commercial operation. and preparing students for higher education The PRESIDING OFFICER. Without and the workforce, by the amounts provided On page 56, line 12, after ‘‘transit’’ insert ‘‘, in such legislation for such purpose, provided broadband technology,’’. objection, it is so ordered. that such legislation would not increase the f COMMITTEE ON ENVIRONMENT AND PUBLIC deficit over either the period of the total of WORKS fiscal years 2008 through 2013 or the period of AUTHORITY FOR COMMITTEES TO Ms. STABENOW. Mr. President, I ask the total of fiscal years 2008 through 2018. MEET unanimous consent that the Com- COMMITTEE ON ARMED SERVICES mittee on Environment and Public Mr. PRYOR (for himself and SA 4184. Ms. STABELOW. Mr. President, I ask Works be authorized to meet during Mr. DORGAN) submitted an amendment unanimous consent that the Com- the session of the Senate on Tuesday, intended to be proposed by him to the March 11, 2008, at 10 a.m. in room 406 of concurrent resolution S. Con. Res. 70, mittee on Armed Services be author- the Dirksen Senate Office Building in setting forth the congressional budget ized to meet during the session of the for the United States Government for Senate on Tuesday, March 11, 2008, at order to hold a hearing entitled, ‘‘Ex- fiscal year 2009 and including the ap- 9:30 a.m., in open session to receive tes- amining the President’s Proposed Fis- propriate budgetary levels for fiscal timony on the United States Pacific cal Year 2009 Budget for the Civil years 2008 and 2010 through 2013; which Command and United States Forces Works Program of the U.S. Army Corps was ordered to lie on the table; as fol- Korea in review of the Defense Author- of Engineers and the Implementation lows: ization request for fiscal year 2009 and of the Water Resources Development At the appropriate place, insert the fol- the future years defense program. Act (WRDA) of 2007’’ lowing: The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without SEC. ll. SENSE OF THE SENATE REGARDING objection, it is so ordered. objection, it is so ordered. THE ADOPTION AND DEPLOYMENT COMMITTEE ON BANKING, HOUSING, AND URBAN COMMITTEE ON FOREIGN RELATIONS OF BROADBAND TECHNOLOGY. AFFAIRS Ms. STABENOW. Mr. President, I ask It is the sense of the Senate that— Ms. STABENOW. Mr. President, I ask unanimous consent that the Com- (1) sufficient resources should be provided for Federal agencies to exploit broadband unanimous consent that the Com- mittee on Foreign Relations be author- technologies that— mittee on Banking, Housing, and ized to meet during the session of the (A) have the capability to electronically Urban Affairs be authorized to meet Senate on Tuesday, March 11, 2008, at connect all Americans; and during the session of the Senate on 10:15 a.m. in order to hold a hearing on (B) achieve greater applications and effi- March 11, 2008, at 10 a.m., in order to U.S. policy options on the Horn of Afri- ciencies for the economy, health care, public conduct a hearing entitled the ‘‘Condi- ca. safety, and education; tion of Our Nation’s Infrastructure and The PRESIDING OFFICER. Without (2) the United States Government should Proposals For Needed Improvements.’’ objection, it is so ordered. assess broadband deployment and adoption The PRESIDING OFFICER. Without COMMITTEE ON FOREIGN RELATIONS rates throughout the Nation to ensure that Federal initiatives are not redundant and are objection, it is so ordered. Ms. STABENOW. Mr. President, I ask applicable to 21st Century requirements; COMMITTEE ON COMMERCE, SCIENCE, AND unanimous consent that the Com- (3) the deployment and adoption of TRANSPORTATION mittee on Foreign Relations be author- broadband technology has resulted in— Ms. STABENOW. Mr. President, I ask ized to meet during the session of the (A) enhanced economic development and unanimous consent that the Com- Senate on Tuesday, March 11, 2008, at public safety for communities across the Na- mittee on Commerce, Science, and 2:30 p.m. in order hold a hearing on tion; Transportation be authorized to meet NATO enlargement and effectiveness. (B) improved health care and educational during the session of the Senate on The PRESIDING OFFICER. Without opportunities; and (C) a better quality of life for all Ameri- Tuesday March 11, 2008, at 10 a.m., objection, it is so ordered. cans; room 253 of the Russell Senate Office COMMITTEE ON HEALTH, EDUCATION, LABOR, (4) continued progress in the deployment Building, in order to conduct a hearing. AND PENSIONS and adoption of broadband technology is At this hearing, the subcommittee Ms. STABENOW. Mr. President, I ask vital to ensuring that our Nation remains will explore the importance of basic re- unanimous consent that the Com- competitive and continues to create business search to U.S. competitiveness. The mittee on Health, Education, Labor, and job growth; hearing will examine research and de- and Pensions be authorized to meet, (5) improving Federal data on the deploy- velopment budgets at agencies in the during the session of the Senate, in ment and adoption of broadband service will order to conduct a hearing entitled assist in the development of broadband tech- Committee’s jurisdiction, particularly nology across all regions of the Nation; the National Institute of Standards ‘‘The Broken Pipeline: Losing Opportu- (6) the Federal Government should— and Technology and the National nities in the Life Sciences’’ on Tues- (A) recognize and encourage complemen- Science Foundation, as well as inter- day, March 11, 2008. The hearing will tary efforts by States to improve the quality agency science programs addressing commence at 11 a.m. in room 430 of the and usefulness of broadband data; and climate change, nanotechnology, and Dirksen Senate office building. (B) encourage and support the partnership information technology. The PRESIDING OFFICER. Without of the public and private sectors in the con- The PRESIDING OFFICER. Without objection, it is so ordered. tinued growth of broadband services and in- objection, it is so ordered. COMMITTEE ON THE JUDICIARY formation technology for the residents and businesses of the Nation; and COMMITTEE ON COMMERCE, SCIENCE, AND Ms. STABENOW. Mr. President, I ask (7) Federal broadband policies shall— TRANSPORTATION unanimous consent that the Senate (A) continue to promote openness, com- Ms. STABENOW. Mr. President, I ask Committee on the Judiciary be author- petition, innovation, and affordable, ubiq- unanimous consent that the Com- ization to meet during the session of

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1890 CONGRESSIONAL RECORD — SENATE March 11, 2008 the Senate, in order to conduct a hear- with its preamble, as amended, as fol- enactment of laws and the creation of state ing on pending executive nominations lows: institutions to promote and protect the rights of women; on Tuesday, March 11, 2008, at 2:30 p.m., S. RES. 178 Whereas the Government of Guatemala has in room SD–226 of the Dirksen Senate Whereas since 2001, more than 2,000 women created special police and prosecutorial Office Building. and girls have been murdered in Guatemala; units to address the brutal murders of Whereas most of the victims are women Witness list women in Guatemala; ranging in age from 18 to 30, with many of Whereas in June 2006, the Government of Grace C. Becker, of New York, to be the cases involving abduction, sexual vio- Guatemala successfully abolished the ‘‘Rape Assistant Attorney General for the lence, or brutal mutilation; Law’’ which had absolved perpetrators of Whereas while the overall murder rate in Civil Rights Division, Department of criminal responsibility for rape and certain Guatemala has increased substantially, the other crimes of violence upon the perpetra- Justice. rate at which women have been murdered in The PRESIDING OFFICER. Without tor’s marriage with the victim; Guatemala has increased at an alarming Whereas legislators from various parties in objection, it is so ordered. rate, almost doubling from 2001 to 2006; Guatemala have joined lawmakers from COMMITTEE ON VETERANS’ AFFAIRS Whereas according to data from Guate- Mexico and Spain to form the ‘‘Inter- Ms. STABENOW. Mr. President, I ask mala’s Public Prosecutors Office, few arrests parliamentary Network against ‘Femicide’’’; and fewer convictions have occurred, and Whereas the Government of Guatemala unanimous consent for the Committee prosecutors, forensics experts, and other on Veterans’ Affairs to be authorized and the United Nations recently entered into state justice officials have not brought the an agreement to establish the International to meet during the session of the Sen- perpetrators to justice; Commission Against Impunity in Guatemala ate on Tuesday, March 11, 2008 in order Whereas from 2001 to 2006, there were only (CICIG), which has a mandate to investigate to conduct an oversight hearing enti- 20 convictions for the murders of women and and promote the prosecution of illegal secu- tled ‘‘VA and DoD Cooperation and girls; rity groups and clandestine security organi- Collaboration: Caring for the Families Whereas the Human Rights Ombudsman of zations that function with impunity and are the Government of Guatemala has reported suspected of attacking human rights defend- of Wounded Warriors.’’ The Committee that in 1 year alone police officers were im- will meet in room 418 of the Russell ers, justice officials, and other civil society plicated on 10 separate occasions in the mur- actors; and Senate Office Building, at 10 a.m. der of women in Guatemala, and rec- Whereas continuing impunity for crimes The PRESIDING OFFICER. Without ommended that such officers and other offi- against women is a threat to the rule of law, objection, it is so ordered. cials be held accountable for their acts; democracy, and stability in Guatemala: Now, Whereas an effective, transparent, and im- SELECT COMMITTEE ON INTELLIGENCE therefore, be it partial judicial system is key to the admin- Ms. STABENOW. Mr. President, I ask Resolved, That the Senate— istration of justice, and the failure to ensure (1) expresses its sincerest condolences and unanimous consent that the Select proper investigations and prosecutions ham- deepest sympathy to the families of women Committee on Intelligence be author- pers the ability to solve crimes and punish and girls murdered in Guatemala, and recog- ized to meet during the session of the perpetrators; nizes their courageous struggle in seeking Senate on March 11, 2008, at 2:30 p.m. in Whereas inadequate financial, human, and justice for the victims; order to hold a closed hearing. technical resources, as well as a lack of fo- (2) expresses the solidarity of the people of The PRESIDING OFFICER. Without rensic and technical expertise, have impeded the United States with the people of Guate- the arrest and prosecution of suspects; objection, it is so ordered. mala in the face of these tragic and senseless Whereas the Special Prosecutor for Crimes acts; f Against Women of the Government of Guate- (3) condemns the ongoing murders of mala has reported that her office has re- women and girls in Guatemala, and encour- PRIVILEGES OF THE FLOOR viewed approximately 800 incidents of do- ages the Government of Guatemala to act Mr. BAUCUS. Mr. President, I ask mestic violence per month, with some of with due diligence in order to promptly in- unanimous consent that the following those cases ending in murder, and that vestigate these killings, prosecute those re- fellows and interns be allowed the deaths could have been prevented if the legal sponsible, and continue to work toward system of Guatemala provided for prison sen- eliminating violence against women; privilege of the floor during consider- tences in cases of domestic violence; (4) urges the Government of Guatemala to ation of the budget resolution: Whereas the murders of women and girls in strengthen laws with respect to domestic vi- Arkaprava Deb, Ben Miller, Blake Guatemala have brought pain to the families olence and sexual harassment, to improve Thompson, Bridget Mallon, Bruce Fer- and friends of the victims as they struggle to the integrity of the prosecutorial and judi- guson, Cascade Tuholske, Claudia Gar- cope with the loss of their loved ones and the cial systems, and to provide the resources cia-Martinez, Connie Cookson, Damian fact that the perpetrators of these heinous and commitment necessary to adequately Kudelka, Elise Anderson, Elise Stein, acts remain unknown to the proper authori- enforce justice for crimes against women; Emily Schwartz, Emma Redfoot, Ezana ties; (5) urges the President and the Secretary Whereas many countries in Latin America of State to continue to incorporate the in- Teferra, Hy Hinojosa, Kayleigh Brown, face significant challenges in combating vio- vestigative and preventative efforts of the Lily Alverson, Marissa Reeves, Mary lence against women, and international co- Government of Guatemala regarding the Baker, Michael Bagel, Mike Yarnell, operation is essential in addressing this seri- murder of women and girls into the bilateral Mollie Lane, Ron Gebhausbauer, Stacy ous issue; agenda between the Governments of Guate- Celinsky, Susan Hinck, Suzanne Whereas the United States Agency for mala and the United States; Payne, Tamara Clay, Tom Louthan, International Development (USAID) has pro- (6) encourages the Secretary of State to and Tyler Gamble. vided assistance to the Government of Gua- continue to support efforts by the Govern- The ACTING PRESIDENT pro tem- temala to implement judicial reform and ment of Guatemala to train and equip the rule of law programs, and in fiscal year 2006, special police and prosecutorial units of the pore. Without objection, it is so or- Congress provided $1,500,000 for programs to Government of Guatemala to conduct thor- dered. combat impunity, corruption, and crimes of ough and proper investigations of crimes of Mr. CARDIN. Mr. President, I ask violence, of which $500,000 is to be allocated violence against women, and to implement unanimous consent that Jeffrey Phan, to strengthen the special prosecutorial units judicial reform and rule of law programs; a fellow in Senator BINGAMAN’s office, charged with investigating the murders of (7) encourages the Secretary of State and be granted the privileges of the floor women in Guatemala; the Attorney General to provide assistance for the pendency of S. Con. Res. 70, the Whereas the Government of Guatemala has in establishing a comprehensive missing per- budget resolution. undertaken efforts to prevent violence sons system and an effective state protection against women, as evidenced by its ratifica- program for witnesses, victims’ relatives, The ACTING PRESIDENT pro tem- tion of the United Nations Convention and human rights defenders; pore. Without objection, it is so or- Against Torture and Other Cruel, Inhuman (8) urges the Government of Guatemala to dered. or Degrading Treatment or Punishment, hold accountable those law enforcement and f done at New York December 10, 1984, the judicial officials whose failure to investigate United Nations Convention on the Elimi- and prosecute the murders adequately, EXPRESSING THE SYMPATHY OF nation of All Forms of Discrimination whether through negligence, omission, or THE SENATE TO FAMILIES OF Against Women, done at New York December abuse, has led to impunity for these crimes; WOMEN AND GIRLS MURDERED 18, 1979, the Inter-American Convention on (9) encourages the Secretary of State to IN GUATEMALA the Prevention, Punishment, and Eradi- support efforts to identify perpetrators and cation of Violence Against Women, done at unknown victims through forensic analysis, On Monday, March 10, 2008, the Sen- Belem do Para, Brazil June 9, 1994, and other including assisting the Government of Gua- ate passed S. Res. 178, as amended, international human rights treaties, and the temala in adequately funding the National

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1891 Institute for Forensic Science (INACIF) and should in no way be misconstrued as (2) the individual was fingerprinted and training lab personnel in investigatory and authority for the administration to provided other biometric information in ac- evidence gathering protocols; unilaterally expand the type of biomet- cordance with the requirements of the De- (10) urges the Secretary of State— ric information beyond what is cur- partment of Defense at the time the indi- (A) to express support for the efforts of the rently required to obtain immigration vidual enlisted in the United States Armed victims’ families and loved ones to seek jus- Forces; tice for the victims, benefits from the U.S. government. (3) the individual— (B) to express concern relating to any har- Federal immigration law is the prov- (A) submitted an application for natu- assment of these families and the human ince of the Congress, and Congress re- ralization not later than 24 months after the rights defenders with whom they work, and tains the sole power to determine the date on which the individual enlisted in the (C) to express concern with respect to im- extent of rulemaking authority af- United States Armed Forces; or pediments in the ability of the families to forded to Federal immigration agen- (B) provided the required biometric infor- receive prompt and accurate information in cies. The involvement of Congress in mation to the Department of Homeland Se- their cases; these decisions is crucial to ensure curity through a United States Citizenship (11) encourages the Secretary of State to that the procedures by which we admit and Immigration Services Application Sup- continue to include in the Department of or deny individuals entry to the United port Center at the time of the individual’s State’s annual Country Reports on Human application for adjustment of status if filed Rights Practices instances of failure to in- States take into account the interests not later than 24 months after the date on vestigate and prosecute crimes, threats of privacy, and are faithful to the wel- which the individual enlisted in the United against human rights activists, and the use coming traditions by which our nation States Armed Forces; and of torture with respect to cases involving the has prospered. Only Congress can pro- (4) the Secretary of Homeland Security de- murder and abduction of women and girls in vide the deliberative, democratic proc- termines that the biometric information Guatemala; ess necessary to ensure that any future provided, including fingerprints, is sufficient (12) recommends that the United States requirements are consistent with to conduct the required background and se- Ambassador to Guatemala continue to meet American values. curity checks needed for the applicant’s nat- with the families of the victims, women’s We all recognize the need for robust uralization application. rights organizations, and the officials of the security at our borders. But over the (b) MORE TIMELY AND EFFECTIVE ADJUDICA- Government of Guatemala who are respon- last 7 years, the reputation of the TION.—Nothing in this section precludes an sible for investigating these crimes; and individual described in subsection (a) from (13) recommends that the Secretary of United States as a welcoming nation submitting a new set of biometric informa- State develop a comprehensive plan to ad- has been diminished as a result of often tion, including fingerprints, to the Secretary dress and combat the growing problem of vi- misguided policies that take a reac- of Homeland Security with an application olence against women in Latin America. tionary, blunt, and hostile approach to for naturalization. If the Secretary deter- f immigration. The administration has mines that submitting a new set of biometric met its failure to enact meaningful im- information, including fingerprints, would KENDELL FREDERICK migration reform with layer upon layer result in more timely and effective adjudica- CITIZENSHIP ASSISTANCE ACT of security initiatives that in some tion of the individual’s naturalization appli- cation, the Secretary shall— Mr. BROWN. I ask unanimous con- cases do little more than foreclose the promise of our great Nation for so (1) inform the individual of such deter- sent that the Judiciary Committee be mination; and discharged from further consideration many who seek opportunity, advance- (2) provide the individual with a descrip- of S. 2516 and the Senate proceed to its ment, or refuge. America’s security tion of how to submit such biometric infor- immediate consideration. now and in the future demands more mation, including fingerprints. The PRESIDING OFFICER. Without than border walls and punitive, en- (c) COOPERATION.—The Secretary of Home- objection, it is so ordered. forcement-only immigration policies. land Security, in consultation with the Sec- The clerk will report the bill by title. Our future security, as well as our fu- retary of Defense, shall determine the for- mat of biometric information, including fin- The bill clerk read as follows: ture prosperity, depends upon the bal- ance that has been absent for so long. gerprints, acceptable for usage under sub- A bill (S. 2516) to assist members of the Mr. BROWN. I ask unanimous con- section (a). The Secretary of Defense, or any Armed Forces in obtaining United States sent that the Mikulski substitute other official having custody of the biomet- citizenship, and for other purposes. amendment, which is at the desk, be ric information, including fingerprints, re- There being no objection, the Senate ferred to in subsection (a), shall— agreed to; the bill, as amended, be read (1) make such prints available, without proceeded to consider the bill. a third time and passed; the motions to Mr. LEAHY. Mr. President, I appre- charge, to the Secretary of Homeland Secu- reconsider be laid on the table, with no rity for the purpose described in subsection ciate Senator MIKULSKI’s commitment intervening action or debate and any (a); and to helping those dedicated men and statements be printed in the RECORD. (2) otherwise cooperate with the Secretary women who are not yet U.S. citizens The PRESIDING OFFICER. Without of Homeland Security to facilitate the proc- but who have served all Americans as objection, it is so ordered. essing of applications for naturalization members of the Armed Forces. Easing The amendment (No. 4177) was agreed under subsection (a). the path to citizenship by removing du- to as follows: (d) ELECTRONIC TRANSMISSION.—Not later plicative procedures for these dedi- (Purpose: In the nature of a substitute) than one year after the date of the enact- ment of this Act, the Secretary of Homeland cated men and women is the right Strike all after the enacting clause and in- Security shall, in coordination with the Sec- sert the following: thing to do, and I am glad to support retary of Defense and the Director of the Senator MIKULSKI’s efforts. SECTION 1. SHORT TITLE. Federal Bureau of Investigation, implement This Act may be cited as the ‘‘Kendell However, I also wish to note my con- procedures that will ensure the rapid elec- Frederick Citizenship Assistance Act’’. cern with inclusion of language in the tronic transmission of biometric informa- bill, at the administration’s behest, SEC. 2. FINGERPRINTS AND OTHER BIOMETRIC tion, including fingerprints, from existing INFORMATION FOR MEMBERS OF that appears to anticipate a future ex- THE UNITED STATES ARMED repositories of such information needed for pansion of the collection of biometric FORCES. military personnel applying for naturaliza- information from individuals who seek (a) IN GENERAL.—Notwithstanding any tion as described in subsection (a) and that will safeguard privacy and civil liberties. to become naturalized citizens or who other provision of law, including section 552a (e) CENTRALIZATION AND EXPEDITED PROC- seek other immigration benefits. In of title 5, United States Code (commonly re- ferred to as the ‘‘Privacy Act of 1974’’), the ESSING.— light of the purpose of Senator MIKUL- Secretary of Homeland Security shall use (1) CENTRALIZATION.—The Secretary of SKI’s bill, which is to streamline the the fingerprints provided by an individual at Homeland Security shall centralize the data naturalization procedures for legal per- the time the individual enlisted in the processing of all applications for naturaliza- manent residents serving in the mili- United States Armed Forces, or at the time tion filed by members of the United States tary, it would make little sense to the individual filed an application for adjust- Armed Forces on active duty serving abroad. place additional obstacles in the path ment of status, to satisfy any requirement (2) EXPEDITED PROCESSING.—The Secretary of those who have made the ultimate for background and security checks in con- of Homeland Security, the Director of the nection with an application for naturaliza- Federal Bureau of Investigation, and the Di- commitment to the United States. tion if— rector of National Intelligence shall take ap- I also register this concern to make (1) the individual may be naturalized pur- propriate actions to ensure that applications clear that the language in this bill suant to section 328 or 329 of the Immigra- for naturalization by members of the United with respect to biometric information tion and Nationality Act (8 U.S.C. 1439, 1440); States Armed Forces described in paragraph

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1892 CONGRESSIONAL RECORD — SENATE March 11, 2008 (1), and associated background checks, re- (4) the Committee on Armed Services of uals with heartfelt thanks for their dedica- ceive expedited processing and are adju- the House of Representatives; tion to their profession; and dicated within 180 days of the receipt of re- (5) the Committee on Homeland Security (3) designates March 11, 2008, as ‘‘National sponses to all background checks. of the House of Representatives; and Funeral Director and Mortician Recognition SEC. 3. PROVISION OF INFORMATION ON MILI- (6) the Committee on the Judiciary of the Day’’. TARY NATURALIZATION. House of Representatives. f (a) IN GENERAL.—Not later than 30 days The bill (S. 2516), as amended, was or- after the effective date of any modification dered to be engrossed for a third read- SECOND ANNUAL NATIONAL NA- to a regulation related to naturalization TIVE HIV/AIDS AWARENESS DAY under section 328 or 329 of the Immigration ing, was read the third time, and and Nationality Act (8 U.S.C. 1439, 1440), the passed. Mr. BROWN. Mr. President, I ask Secretary of Homeland Security shall make f unanimous consent that the Senate appropriate updates to the Internet sites now proceed to the consideration of S. maintained by the Secretary to reflect such NATIONAL FUNERAL DIRECTOR Res. 479, which was submitted earlier modification. AND MORTICIAN RECOGNITION today. (b) SENSE OF CONGRESS.—It is the sense of DAY Congress that the Secretary of Homeland Se- The PRESIDING OFFICER. The curity, not later than 180 days after each ef- Mr. BROWN. I ask unanimous con- clerk will report the resolution by fective date described in subsection (a), sent that the Judiciary Committee be title. should make necessary updates to the appro- discharged from further consideration The bill clerk read as follows: priate application forms of the Department of S. Res. 390 and the Senate proceed to A resolution (S. Res. 479) designating of Homeland Security. its immediate consideration. March 20, 2008, as ‘‘Second Annual National SEC. 4. REPORTS. The PRESIDING OFFICER. Without Native HIV/AIDS Awareness Day.’’ (a) ADJUDICATION PROCESS.— objection, it is so ordered. (1) IN GENERAL.—Not later than 120 days There being no objection, the Senate after the date of the enactment of this Act, The clerk will report the resolution proceeded to consider the resolution. the Secretary of Homeland Security shall by title. Mr. BROWN. I ask unanimous con- submit a report to the appropriate congres- The bill clerk read as follows: sent that the resolution be agreed to, sional committees on the entire process for A resolution (S. Res. 390) designating the preamble be agreed to, and the mo- the adjudication of an application for natu- March 11, 2008, as National Funeral Director tions to reconsider be laid on the table. ralization filed pursuant to section 328 or 329 and Mortician Recognition Day. The PRESIDING OFFICER. Without of the Immigration and Nationality Act (8 There being no objection, the Senate U.S.C. 1439, 1440), including the process objection, it is so ordered. that— proceeded to consider the resolution. The resolution (S. Res. 479) was (A) begins at the time the application is Mr. BROWN. Mr. President, I ask agreed to. mailed to, or received by, the Secretary, re- unanimous consent that the resolution The preamble was agreed to. gardless of whether the Secretary deter- be agreed to, the preamble be agreed The resolution, with its preamble, mines that such application is complete; and to, the motions to reconsider be laid on reads as follows: (B) ends on the date of the final disposition the table, with no intervening action S. RES. 479 of such application. or debate, and any statements be print- (2) CONTENTS.—The report submitted under Whereas the number of human immuno- ed in the RECORD. deficiency virus and acquired immuno- paragraph (1) shall include a description of— The PRESIDING OFFICER. Without (A) the methods used by the Secretary of deficiency syndrome (hereafter ‘‘HIV/AIDS’’) Homeland Security and the Secretary of De- objection, it is so ordered. cases among American Indian and Alaska fense to prepare, handle, and adjudicate such The resolution (S. Res. 390) was Native communities has been increasing at applications; agreed to. an alarming rate and poses a significant (B) the effectiveness of the chain of author- The preamble was agreed to. threat to the public health of Native commu- ity, supervision, and training of employees of The resolution, with its preamble, nities; the Federal Government or of other entities, reads as follows: Whereas American Indians and Alaska Na- including contract employees, who have any tives have the 3rd highest rate of HIV/AIDS S. RES. 390 role in such process or adjudication; and infection in the United States, after Blacks (C) the ability of the Secretary of Home- Whereas the death of a family member, and Hispanics; land Security and the Secretary of Defense friend, or loved one is a devastating emo- Whereas, according to the Centers for Dis- to use technology to facilitate or accomplish tional event; ease Control and Prevention HIV/AIDS Sur- any aspect of such process or adjudication Whereas the memorialization and celebra- veillance Report published in 2005, the rate and to safeguard privacy and civil liberties tion of the decedent’s life is the fabric of to- per 100,000 persons of HIV/AIDS diagnosis for (b) IMPLEMENTATION.— day’s funeral service; American Indians and Alaska Natives was (1) STUDY.—The Comptroller General of the Whereas the family of the decedent has 10.4; United States and the Inspector General of traditionally looked to funeral directors and Whereas American Indians and Alaska Na- the Department of Homeland Security shall morticians for consolation, strength, and tives experience the highest disease and mor- conduct a study on the implementation of guidance in the planning and implementa- tality rates in the United States compared this Act by the Secretary of Homeland Secu- tion of a meaningful funeral ceremony; to other racial and ethnic groups, due to so- rity and the Secretary of Defense, including Whereas funeral directors and morticians cioeconomic factors that include consist- an assessment of any technology that may have dedicated their professional lives to ently high rates of poverty, inadequate edu- be used to improve the efficiency of the nat- serving the families of their communities in cation, and a lack of access to quality health uralization process for members of the their times of need for generations with car- services; United States Armed Forces and an assess- ing, compassion, and integrity; Whereas certain risk factors exist among ment of the impact of this Act on privacy Whereas these special men and women see Indian and Alaska Native populations that and civil liberties. their chosen profession as a higher calling, a elevate the threat of the HIV/AIDS epidemic, (2) REPORT.—Not later than 180 days after sacred trust, in serving every family regard- including high rates of sexually transmitted the date on which the Secretary of Homeland less of social standing, financial means, or diseases and substance abuse; Security submits the report required under time of day or day of the year, whenever a Whereas, according to the 2005 Centers for subsection (a), the Comptroller General and death occurs; and Disease Control and Prevention Sexually the Inspector General shall submit a report Whereas on this special day, March 11, 2008, Transmitted Disease Surveillance Report, to the appropriate congressional committees it would be appropriate to pay tribute to American Indians and Alaska Natives have on the study required by paragraph (1) that these funeral directors and morticians who, the 2nd highest infection rates of gonorrhea includes recommendations for improving the day in and day out, assist our Nation’s fami- and chlamydia in the United States and the implementation of this Act. lies in their times of sadness and grief and 3rd highest infection rate of syphilis; (c) APPROPRIATE CONGRESSIONAL COMMIT- help families mourn a death and celebrate a Whereas, according to the 2005 National TEES DEFINED.—In this section, the term life: Now, therefore, be it Survey on Drug Use and Health, American ‘‘appropriate congressional committees’’ Resolved, That the Senate— Indians and Alaska Natives had a 12.8 per- means— (1) takes this opportunity to pay the Na- cent higher rate of illicit drug use than any (1) the Committee on Armed Services of tion’s collective debt of gratitude for all the other races or ethnicities; the Senate; hours and all the times they have put some- Whereas, during the years 1997–2004, of per- (2) the Committee on Homeland Security one ahead of themselves by serving the liv- sons who had received a diagnosis of HIV/ and Governmental Affairs of the Senate; ing while caring for the dead; AIDS, American Indians and Alaska Natives (3) the Committee on the Judiciary of the (2) urges every American of every walk of had survived a shorter time than had Asians Senate; life to embrace each of these special individ- and Pacific Islanders, Whites, or Hispanics;

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1893 Whereas, after 9 years, 67 percent of Amer- PROGRAM original cosponsor of S. 1060, the Re- ican Indians and Alaska Natives who had cidivism Reduction and Second Chance been diagnosed with HIV/AIDS were alive, Mr. BROWN. Tomorrow, the Senate will resume debate on the budget reso- Act, and to help to shepherd that legis- compared to 66 percent of Blacks, 74 percent lation through the Senate Judiciary of Hispanics, 75 percent of Whites, and 81 per- lution. Senator BINGAMAN is expected cent of Asians and Pacific Islanders; to be here to offer the next amend- Committee. I am pleased that now our Whereas, from 2001 through 2004, the esti- ment. hard work will finally enable us to mated number of HIV/AIDS cases increased take up and pass the House version of among Whites, Asians and Pacific Islanders, f the legislation, which represents sig- and American Indians and Alaska Natives, ORDER OF PROCEDURE nificant work and compromise on the and decreased among Blacks and Hispanics; part of the bill’s Senate sponsors as and Mr. BROWN. I ask unanimous con- sent that all time during this period of well as those in the House, in order to Whereas, from 2000 through 2004, the esti- move this important bill one step clos- mated number of deaths among persons with morning business be charged equally AIDS decreased among Whites, Blacks, and against each side on the resolution and er to becoming law. Over the past several years that we Asians and Pacific Islanders, but increased that morning business now be closed have been working on this bill, I and among American Indians and Alaska Na- and that the Senate resume consider- others have had to make many painful tives: Now, therefore, be it ation of the budget resolution, and fol- Resolved, That the Senate— compromises in order to ensure that lowing the remarks of Senator COBURN, (1) recognizes the seriousness of the spread this important bill could receive the who was generous with his time this and threat of the human immunodeficiency support it needs to pass and become evening, and I am grateful for that, and virus and acquired immunodeficiency syn- law. In spite of these sacrifices, the drome (HIV/AIDS) epidemic in American In- the remarks of Senator SANDERS, that Second Chance Act is a good first step dian and Alaska Native communities; the Senate stand adjourned under the toward a new direction in criminal jus- (2) encourages Federal, State, and tribal previous order. tice that focuses on making America governments as well as Indian organizations The PRESIDING OFFICER. Without and health care providers to coordinate ef- safer by helping prisoners turn their objection, it is so ordered. forts in HIV/AIDS testing and in the pro- lives around and become contributing motion of prevention activities to further ef- f members of society. forts in the reduction of HIV/AIDS infection In recent years, this Congress and rates among American Indians and Alaska TO CORRECT THE ENROLLMENT OF H.R. 1593 the States have passed a myriad of new Natives; and criminal laws creating more and longer (3) designates March 20, 2008, as ‘‘Second Mr. BROWN. I ask unanimous con- sentences for more and more crimes. Annual National Native HIV/AIDS Aware- sent that the Judiciary Committee be ness Day’’. As a result, this country sends more discharged from further consideration f and more people to prison every year. of H. Con. Res. 270 and the Senate pro- There are currently more than 2 mil- PERMITTING THE USE OF THE ceed to its immediate consideration. lion people in jail or prison, and there ROTUNDA The PRESIDING OFFICER. Without are more than 13 million people who Mr. BROWN. Mr. President, I ask objection, it is so ordered. The clerk spend some time in jail or prison each unanimous consent that the Senate will report the concurrent resolution year. Most of these people will at some proceed to the immediate consider- by title. point return to our communities. What ation of H. Con. Res. 306 received from The bill clerk read as follows: kind of experience inmates have in the House and at the desk. A concurrent resolution (H. Con. Res. 270) prison, how we prepare them to rejoin The PRESIDING OFFICER. The to make corrections in the enrollment of the society, and how we integrate them clerk will report the concurrent resolu- bill H.R. 1593. into the broader community when they tion by title. There being no objection, the Senate get out are issues that profoundly af- The bill clerk read as follows: proceeded to consider the concurrent fect the communities in which we live. A concurrent resolution (H. Con. Res. 306) resolution. As a former prosecutor, I believe permitting the use of the Rotunda of the Mr. BROWN. I ask unanimous con- strongly in securing tough and appro- Capitol for a ceremony as part of the com- sent that the concurrent resolution be priate prison sentences for people who memoration of the days of remembrance of agreed to, the motion to reconsider be victims of the Holocaust. break our laws. But it is also impor- laid on the table, and any statements tant that we do everything we can to There being no objection, the Senate relating to the measure be printed in ensure that when these people get out proceeded to consider the concurrent the RECORD. of prison, they enter our communities resolution. Mr. BROWN. I ask unanimous con- The PRESIDING OFFICER. Without as productive members of society, so sent that the concurrent resolution be objection, it is so ordered. we can start to reverse the dangerous agreed to and the motion to reconsider The concurrent resolution (H. Con. cycles of recidivism and violence. I be laid upon the table. Res. 270) was agreed to. hope that the Second Chance Act will The PRESIDING OFFICER. Without f help us begin to break that cycle. objection, it is so ordered. The Second Chance Act would fund The concurrent resolution (H. Con. SECOND CHANCE ACT OF 2007 collaborations between State and local Res. 306) was agreed to. Mr. BROWN. I ask unanimous con- corrections agencies, nonprofits, edu- cational institutions, service providers, f sent the Judiciary Committee be dis- charged from further consideration of and families to ensure that offenders ORDERS FOR WEDNESDAY, MARCH H.R. 1593 and the Senate proceed to its released into society have the re- 12, 2008 immediate consideration. sources and support they need to be- Mr. BROWN. I ask unanimous con- The PRESIDING OFFICER. Without come contributing members of the sent that when the Senate completes objection, it is so ordered. The clerk community. The bill would require its business today, it stand adjourned will report the bill by title. that the programs supported by these until 9:30 a.m., Wednesday, March 12; The legislative clerk read as follows: grants demonstrate measurable posi- that on Wednesday, following the pray- A bill (H.R. 1593) to reauthorize the grant tive results, including a reduction in er and pledge, the Journal of pro- program for reentry of offenders into the recidivism. We should be supporting ceedings be approved to date, the community in the Omnibus Crime Control good programs and demanding results morning hour be deemed expired, the and Safe Streets Act of 1968, to improve re- for our federal tax dollars. time for the two leaders be reserved for entry planning and implementation, and for The bill would also set up a task their use later in the day and that the other purposes. force to determine ways to improve the Senate then resume consideration of H. There being no objection, the Senate effectiveness and efficiency of federal Con. Res. 70, the concurrent resolution proceeded to consider the bill. programs related to prisoner reentry on the budget. Mr. LEAHY. Mr. President, I was and would authorize additional pro- The PRESIDING OFFICER. Without pleased to join Senators SPECTER, grams that would encourage employ- objection, it is so ordered. BIDEN, and BROWNBACK last year as an ment of released prisoners, improve

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1894 CONGRESSIONAL RECORD — SENATE March 11, 2008 substance abuse treatment programs provides for safer communities. Indeed, many aspects of their lives. Failing to for prisoners, and assist the children of we have all seen the statistic. Over address this very important facet of prisoners. 650,000 individuals will be released from the family structure within the prison I thank Senator BIDEN, Senator our Federal and State prisons, and 9 population could be contributing to the SPECTER, and Senator BROWNBACK for million are released from jails. Ap- deterioration of families. consistently working with me to make proximately two out of every three in- We must stop subsidizing programs a good bill even better. They accepted dividuals released from prison or jail that do not work and that lead, in my suggestion to fix a provision that commit more crimes and will be re- turn, to negative behavior less safety, would have made it difficult for States arrested within 3 years of release, plac- more crime, and more money wasted. without large urban areas to obtain ing increasing financial burdens on our The Second Chance Act of 2007, co- grants. They also agreed with me that States and decreasing public safety. authored by Senator BIDEN, Ranking it made sense for victim services agen- This is unacceptable and must be ad- Member SPECTER, Chairman LEAHY, cies to have a role in administering dressed. Recidivism is costly, in both and myself, as well as our counterparts grants, for victims’ needs to be specifi- personal and financial terms. Consider: in the House of Representatives, is a cally addressed by grants authorized by the American taxpayers spent approxi- bill that will address this issue by pro- the bill, and for safeguards to be added mately $9 billion per year on correc- viding grant money to States through to provisions aiming to integrate fami- tions in 1982, and in 2002—nearly two the Department of Justice and the De- lies of offenders in order to ensure that decades later—taxpayers spent $60 bil- partment of Labor to encourage the children are protected. lion. creation of innovative programs geared They also worked with me to include In addition to the astronomical costs toward improving public safety, de- in the Senate’s legislation an impor- of recidivism, the Nation’s prison popu- creasing the financial burden on States tant study of the collateral con- lation is projected to continue to grow and successfully reintegrating sequences of criminal convictions fed- over the next 5 years by an additional exoffenders into society. erally and in the States, which would 13 percent. According to ‘‘Public Safe- Additionally, this bill authorizes two encourage appropriate policy to help ty, Public Spending: Forecasting grant programs designed to aid non- successfully reintegrate released of- America’s Prison Population 2007— profit organizations—faith-based and fenders into society. I am disappointed 2017’’, State and Federal prison popu- community based organizations—that that partisan and unprincipled objec- lations are expected to add approxi- provide programs to those incarcer- tions prevented this study, which is mately 192,000 persons at a cost of $27.5 ated. As you may know, faith-based very important but in no way provoca- billion between 2007 and 2011. programs are very successful in reinte- If that is not astonishing enough, tive, from being a part of the final bill. grating offenders into society. A 2002 State spending on corrections has risen I am glad to report, though, that this study found that faith-based prison faster over 20 years than spending on important study was passed into law in programs result in a significantly nearly any other State budget item— December as part of the Court Security lower rate of re-arrest than vocation- increasing from $9 billion to $41 billion Improvement Act of 2007. I am simi- based programs—16 percent versus 36 a year. The average annual operating larly glad that we are moving now to percent. cost per State inmate in 2001 was pass the best version of the Second A 2003 study on Prison Fellowship $22,650, or $62.05 per day. Among facili- Chance Act that we can. Ministries’ Texas InnerChange Free- I thank the Vermont Department of ties operated by the Federal Bureau of dom Initiative, IFI, program found Corrections and the Vermont Center Prisons, it was $22,632 per inmate, or that IFI graduates were 50 percent less for Crime Victim Services for helping $62.01 per day. These figures do not in- likely to be re-arrested. The 2-year me to identify important improve- clude the cost of arrest and prosecu- postrelease re-arrest rate among IFI ments and to make this bill better for tion, nor do they take into account the postrelease graduates in Texas was 17 the people of Vermont and the people cost to victims. percent compared with 35 percent of of America. The Vermont Department Despite that fact that taxpayers the matched comparison group. And fi- of Corrections and many others in went from spending $9 billion per year nally, the study found that IFI grad- Vermont strongly support the Second on corrections in 1982 to $60 billion two uates were 60 percent less likely to be Chance Act, which gives me confidence decades later, the failure rate of our reincarcerated and the 2-year that this legislation we pass today rep- prison system has not improved over postrelease reincarceration rate was 8 resents an important step in making the last 30 years. percent of IFI graduates—8 percent— our country safer. However, my concerns with our cor- versus 20.3 percent with the matched Mr. BROWN. I ask unanimous con- rectional system do not stop here. Not comparison group from a nonfaith- sent that the bill be read a third time only do we need to ensure that our based program. and passed, the motion to reconsider be communities are safer, that the money laid upon the table, with no inter- spent on corrections result in dras- The bill also focuses on systematic vening action or debate, and any state- tically lower recidivism rates, but we changes within the criminal justice system by encouraging more coordina- ments be printed in the RECORD. must also look at the cost to the chil- The PRESIDING OFFICER. Without dren of incarcerated individuals. A re- tion between Government agencies, en- objection, it is so ordered. cent study found that children of pris- courages States, and local governments The bill (H.R. 1593) was ordered to be oners are five times as likely to be in- to reevaluate their current statutes in read a third time, was read the third carcerated later in life as a child who order to streamline their budgets and time, and passed. has not had a parent incarcerated. provide for more effective transition Mr. BROWNBACK. Mr. President, Fifty-five percent of prisoners have programs for inmates, which include: Today, I rise to congratulate my col- children under the age of 18 and, trag- education, job training, life and family leagues on the passage of the Second ically, more than 7 million children skills, programs for children of incar- Chance Act, a bill that we have been can claim a parent in prison, in jail, cerated parents, as well as substance working on for over 4 years. I am under parole, or under probation super- abuse treatment. pleased to join with Senators BIDEN vision. Further, I want my colleagues to and SPECTER and Chairman LEAHY in Additionally, some incarcerated par- know that there are real account- supporting the passage of this bill. I, ents owe more than $20,000 in child sup- ability measures within this bill. If like my colleagues, have worked long port debt upon their release. Parents grantees do not show significant and hard on this bipartisan legislation play a vital role in the lives of their progress in reducing the recidivism that is supported by over 200 bicameral children—and the role of incarcerated rates for program participants they and bipartisan organizations. parents is no different. The children of will not be eligible to receive further I truly believe that with this bill, we individuals in our prison system often funding under this act. have an incredible opportunity to re- depend upon their incarcerated parent, States have already shown that re- shape the way in which our Nation at least in part, for financial support, cidivism rates can be dramatically cut fights crime, addresses poverty, and and look to that parent for guidance in with innovative programs, and I am

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1895 proud that my State, Kansas, is a lead- day and listened to the debate. I have of a sudden forgotten what their oath er in this regard. In Kansas, the Shaw- heard about tax increases and I have is; that, in fact, their primary means nee County Re-Entry Program engages heard about spending and I have heard is: How do I send more money home to corrections officials and community the things going back and forth. But my State? How is it that we have got- partners to develop comprehensive re- what I did not hear was anything that ten to where we have $79 trillion in un- entry plans for people in prison who had to do with this: This is the oath of funded liabilities? We have $10 trillion have been assessed as high-risk for re- a Senator. There are some interesting in true debt, at the end of this fiscal offending upon release. In the 12 things. Let me read it first: year. We are going to have a $600 bil- months prior to release, program par- I do solemnly swear that I will support and lion deficit—real deficit—this year, ticipants work closely with case man- defend the Constitution of the United States which we are going to obligate our agers to develop their reentry plans. against all enemies, foreign and domestic; children to pay for. Case managers continue to provide sup- that I will bear true faith and allegiance to I would put forth: We forgot our oath. the same; that I take this obligation freely, We forgot what it is about. Our State is port as needed following release. without any mental reservation or purpose The Shawnee community is closely of evasion; and that I will well and faithfully not mentioned. When I am parochial involved in the program as well, serv- discharge the duties of the office on which I for my State, there is no way I can live ing on accountability panels and as am about to enter: So help me God. up to the oath I took when I came into volunteer community connectors. The The interesting thing about that this body. There is no way, if I am pa- program also developed a data collec- oath is nowhere in that oath does it rochial for Oklahoma or Ohio, I can tion system to enable facility and pa- mention your State. There was, by de- possibly make a decision that is in the role case managers to enter informa- sign, never any intended part by our long-term best interest of the country, tion more easily. The system allows fa- Founders that we would place paro- when I am thinking about the best in- cility staff and case workers to share chialism ahead of our duty to this terest of my State in the short term. data with other data systems within country. Yet where do we find our- So, consequently, what came about other State agencies, and faith and selves today? With $9 trillion, almost from that? Well, here is what we saw in community-based providers. A Web- $10 trillion, at the end of this fiscal terms of earmarks, the growth of ear- based data system would also help year, in direct debt. marks and the growth of Government build the capacity of community and We have heard all sorts of numbers spending. Isn’t it interesting, we have faith-based organizations to track data quoted today. The actual number for heard all the debate today about tax similar to State data collections meth- the obligated unpaid-for liabilities that increases, but nobody, except Senator ods. In this way, State agencies can our next generations will face is actu- BROWNBACK, talked about cutting more easily compare data and out- ally $79 trillion. It is interesting where spending. Here we have the earmarks comes with information collected by that comes from because that comes in 2006. In 2007, there were another faith and community groups. This is from the retirement benefits for our 11,800 earmarks. So it went to 12,000 just one example of innovation in ad- service personnel, the retirement bene- earmarks. But the spending continues dressing the concerns facing our crimi- fits for Federal employees, including to rise. There is a correlation between nal justice system. people who work in this Chamber, earmarks and spending, and it is this: Indeed this bill is much needed and Medicare payments, Medicaid pay- Earmarks are the gateway drug for will serve as a catalyst for systemic ments, all the various trust funds we overspending. change. This bill could not have hap- have set up through the years, such as Let me explain how it works. If I pened without the hard work and de- the Inland Waterway Trust Fund, the want something for Oklahoma and I termination of over 200 organizations, trust funds associated with other dis- submit a request and the appropriators such as Prison Fellowship Ministries, tinct obligations in terms of infra- are kind enough to honor that request Open Society, the Council of State structure in this country. We are steal- and I do not vote for the bill, regard- Governments, and the U.S. Conference ing all that money every year that is less of whether I agree with the bill, of Catholic Bishops, as well as many supposed to go to it. As a matter of the next time another appropriations State and local government correction fact, the budget deficit this year will bill comes up and I have a request, I officials and law enforcement offi- be, in real accounting standards—not will not get it. So all of a sudden my cials—a truly bipartisan/bicameral coa- Enron accounting standards—$607 bil- earmark blinds me on a parochial basis lition of partners committed to chang- lion, of which about $160 billion of that for what is best for Oklahoma, but I do ing the criminal justice system. is going to come from Social Security not do what is best for the country. So Mr. President, I thank my col- and about another $30 billion to $35 bil- you see this trend going up, and it con- leagues, Senators BIDEN and SPECTER, lion from all these other trust funds. tinues to go up. If you had one for debt, and Chairman LEAHY. Together we So when you hear a number that you would see that. If you had one for were able to implement vital legisla- comes from Washington, I want us to unfunded liabilities, you would see the tion geared to improve public safety, be very suspect because we are much same thing. give aid to States, and to truly give like the CEO at Enron, Ken Lay. We Now, what did our Founders have to those incarcerated a second chance not are not going to send you the real num- say: only to fully integrate into society in a ber. It is not because we do not intend Congress had not unlimited powers to pro- positive way but to provide them with to be honest; it is because we have sold vide for the general welfare, but were re- a hope for a positive future not only for out to parochialism. strained to those specifically enumerated. themselves but for their families as Now, I want us to think about that This is Thomas Jefferson, the found- well. for a minute. Later on, I am going to er of the Democratic Party. This is Mr. BROWN. Mr. President, I yield show some examples. I am going to go what he said: the floor to my colleague from Okla- through $350 billion-plus worth of As it was never meant they should provide homa, Senator COBURN. waste that occurs annually in this for that welfare but by the exercise of the The PRESIDING OFFICER. The Sen- country. But how is it that we have enumerated powers. ator from Oklahoma is recognized. $350 billion—by the way, it is not going Earmarks are not enumerated pow- f to be disputable. There is going to be ers. The only power they are is how we an absolute reference to either a GAO find ways to get ourselves reelected. CONGRESSIONAL BUDGET FOR study, a CBO score, a congressional That is the power they are. Here is the THE UNITED STATES GOVERN- hearing or published reports that are founder of the modern Democratic MENT FOR FISCAL YEAR 2009— out there. So it is not going to be TOM Party who now chastises us with his Continued COBURN’s estimate. It is going to be a words about what earmarks are. Mr. COBURN. Mr. President, I am factual basis of what is occurring in Yet what do we do? We are going to going to spend a little while tonight our country. have a vote. We are going to have a talking about the budget. I have lis- But how is it we got to the point vote on this budget on a moratorium tened to the budget debate all day, just where Members of Congress—both of on earmarks. I am very thankful to like I did yesterday. I came in yester- the House and of the Senate—have all Senator DEMINT for bringing that up.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1896 CONGRESSIONAL RECORD — SENATE March 11, 2008 The argument about earmarks is them properly, they could get between best for our country when I am worried over everywhere except in Washington. $30 billion and $40 billion of the tax gap about doing what is best for my State If you look at all the polling data back over a period of 5 years. We know and me? Which one is the more moral throughout the country, in every for every $1 we give them in terms of position? State, it does not matter if you are enforcement, they get $3 to $4 back. James Madison, the father of our Democrat or Republican or Inde- The problem in our country is over- Constitution, was very clear on this pendent, it is over. They have already spending and wasteful spending. It is point. He said: decided the issue. Eighty-five percent not undertaxation. It is a moral ques- With respect to the two words ‘‘general of the people in this country say we tion whether we will ask the American welfare,’’ I have always regarded them as should not be doing it. It does not have people for more money when, in fact, qualified by the detail of powers enumerated in the Constitution that are connected with anything to do with age. It does not we are terrible slobs with the way we it. To take them in a literal and unlimited have anything to do with party. Do you control and manage the money they sense would be a metamorphosis of the Con- know what it has to do with? Those have today, where we are wasteful. stitution into a character which there is a people who are getting them and are The American people would expect us host of proofs was not contemplated by its well heeled and well connected to poli- to get rid of fraud, waste, and abuse be- creators. ticians, they are the ones who do not fore we raise their taxes. Calling for In other words, when you are starting want the earmark party to be over. higher taxes is akin to saying you want to fudge the deal, that is not what we That ought to send a warning signal to a performance bonus for us. That is intended, guys. When you are starting the rest of Americans that there is what it is saying. It is absurd to claim to play games with the Constitution, something wrong with this process. the Government is operating at peak that is not what we intended. And he Here is what is wrong with the proc- efficiency and spending cannot be cut spoke it in anticipation so that he ess: anywhere. But yet we do not see it. It would be on record. And we would [T]he principle of spending money to be is not just the Democratic budgets. It know what his record was about, what paid by posterity, under the name of funding, is the Republican budgets. I will give they intended about general welfare. is but swindling futurity on a large scale. credit to President Bush. At least he The arguments we hear in defense of This is the same bright man who was has a park program and at least they earmarks would be ridiculed by our very involved in the genesis of our have brought forward recommenda- Founders after they got over their nau- country, talking to us from history tions of getting rid of programs that sea. about what is important on earmarks. absolutely are not functioning, abso- President Reagan criticized the 1987 In 1996, there were less than 900 ear- lutely do not come anywhere close to highway bill because it had 152 ear- marks. How did we go—in 10 short meeting the goals. Because they have marks. As a matter of fact, the one be- years—from 3,000 to 15,000? What special interests, they are protected by fore that he vetoed and sent back, and changed? The argument is: We have an individual Senators. Blocking new it had even fewer than that. So this obligation not to let the bureaucrats spending is not about obstructionism. isn’t an old phenomenon; this is a mod- spend the money. Does that mean all The real obstruction is wasteful spend- ern phenomenon. This is something the time before this, when they were ing and not going after the wasteful modern that we need to change. It is interesting that so many in this much lower, we were not doing a good spending at a time when we are asking body seem more interested in adhering job? Or could it be that all of a sudden Americans, who are tightening their to the constitutional scholarship of the political tool of earmarks became belts, to give more money to the Gov- Jack Abramoff rather than James the soup du jour that politicians use to ernment. That is the real obstruction. Madison, much to our detriment. Why Looking for new ways to spend get themselves reelected and collect do you think we have between an 11 money is not our job. Our job is to con- campaign money by accomplishing and 22 percent confidence rating from those things? duct oversight and eliminate programs the American people about whether we So I wish to spend a little time to- that are not working. We are not doing are doing their business in the best in- night talking about the unsustainable our oversight. As a matter of fact, the terests of the country, rather than our course we are on. International mar- CRS did a study on oversight. If we put business? kets now doubt our ability to pay off this sign right up here and we look at Another argument I hear often is our debt. Our AAA credit rating is in oversight hearings, what you will see that we know better than faceless bu- jeopardy. The dollar is declining. Medi- is: As the earmarks have gone up, over- reaucrats. Yet if we don’t like what an care has hit a trigger for the first time sight has gone down. Do you know agency is doing, we don’t have anyone in its history that signals we are dip- why? Because the only thing the Ap- to blame but ourselves. We have the ping into general revenues at a rate propriations staff has time to do is to power of the purse and the power of that is unsustainable. By the way, barely get the bill out and then man- oversight. The problem is we only use Medicare was never intended to be paid age all the earmarks. So where is the the power of the purse to spend, not to for with funds from general revenue. oversight to see what is working and restrict. The last time a rescission Do we have a moral obligation as Mem- what is not? It isn’t there. bill—and for those who don’t know bers of Congress to do what every other The other assumption with this budg- what that is, it is a bill that decreases family does in tough times and tighten et is that we have a blank check—and rather than increases spending—went our belts? with Republican budgets, not just the through Congress was 1995. So what I am going to try to do to- majority’s budgets—to spend money Overcoming our addiction to ear- night is lay out $388 billion worth of however we desire, however we choose. marks will help us confront the mas- things the Congress could do tomorrow Well, that does not appear in the Con- sive waste that is in the Federal budg- that would save us $388 billion. stitution. We have totally thrown it et. We have to do a top-down review of Now, somebody may dispute the fact away when it comes to spending. We everything in this country if, in fact, that if we totally changed the Tax have totally thrown it away under the we want to hold to the things that are Code to either a flat tax or a sales tax concept of either the interstate com- really important, the things that are we might not have a tax gap—the merce clause or the general welfare really worth our sacrifice, which is the amount that is owed that is not paid— clause. We have decided that those do next two generations. of $350 billion or $370 billion. We may not mean anything, even though the Now, it is really interesting that the only have one of $270 billion. I will significant Founders of our country be- Government Accounting Office says admit that. So you can take an arrow lieved they did. that every family today is responsible at that. But the rest of it you cannot So let’s go back to the oath. Does the for an unfunded liability of almost a take an arrow at. All the rest of it is oath mean anything? I will ‘‘defend the half million dollars. If we think about indisputable. Constitution’’ is what it says. Oh, that what that means in terms of carrying As a matter of fact, we had testi- means I will twist it to make sure I can that interest, paying your regular mony before the Budget Committee do parochial things that make me look taxes and then carrying that—the and before the Finance Committee by good at home. Is that what it means? other thing is if you divide the un- the IRS that said if, in fact, you funded Can I fully represent and do what is funded liability by the 200 million kids

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1897 who are going to come on between now the day of reckoning that we would not think there is hardly anybody out in and the next 75 years, what we are get through. As David Walker, who is America’s midsection, northeast, talking about is $400,000 per child; the Comptroller General of the United northwest, southeast, southwest, south $400,000 per individual child who is born States, a nonpartisan position, said: central, who believes that. That is a starting today and moving forward We are on an unsustainable course. It fairy tale that is believed here, except that we are going to add. Think about is absolutely unsustainable. The ques- we don’t confront it. carrying the interest. Think about tion is whether our kids are worth us Every year we have given Congress a what will happen to them. making the hard choices. performance bonus that has been ada- Now, let me put up a chart, and we Economists on the left and the right mantly unearned. Americans find this will go through this for a minute. This from groups ranging from the Brook- absurd. That is one of the reasons our has $383 billion—actually a more recent ings Institute to the Heritage Founda- approval rating is so low. chart shows $385 billion—in annual ex- tion recognize the course we are on. We A question we should ask probably is, penditures that are wasted. I would hear all the time that the only prob- if our Nation’s survival were at stake like to spend a minute on that, but let lems are the mandatory programs: right now, would we be acting any dif- me describe what it is. It is $3,000 for Medicare, Social Security, and Med- ferently? Would we have this budget, or every American household in this icaid. I am going to show tonight that the Republican budget, from 2006? country down the drain. It is a full 4- it is not the only problem. It is a lot of Would those have been the budgets? year scholarship for two-thirds of all of the problem, there is no question about No, they wouldn’t have been. We would the college students in this country. It it. It is not just the demographics of it have been thinking long term. We is enough money to buy a new home for and the growth. There are a lot of man- would have been making the hard deci- 2 million Americans, based on the aver- agement problems that we fail to ad- sions. We would have said: Our country age price of a home. It is enough dress. is worth us irritating some special in- money to get the 2 million Americans Each family’s share, which I spoke terest group over some item that is no who are facing foreclosure out of fore- about a minute ago, of the unfunded li- longer efficient or no longer effective. closure and pay for their entire mort- abilities is over $450,000 right now. By We wouldn’t be worried about weighing gage. That is what we are wasting in 2040—and this is not my number, this is the future of our children and our one year. It is enough money to pay for the Government Accounting Office— grandchildren against the special in- the health care of everybody in this total Federal spending will have to be terests and monied of this country. We country who is either underinsured or cut by 60 percent or we will have to wouldn’t worry about it. uninsured. All 47 million who are unin- double Federal income tax rates. Well, the fact is, the future is on the sured and the 35 million who are under- Now, we heard Senator HATCH talk line, and if we don’t act in the next insured, we can pay for them, just by about how 50 percent of the country couple of years, we are going to fall getting rid of this waste. now pays 97 percent of the taxes. What into Will Durant’s trap, as we will have It is more than the gross domestic happens when we double our tax rates, rotted inside our own excesses of poli- product of 85 percent of every country or another question is, what happens tics, as we quietly didn’t do the things on Earth. How much we are wasting when we don’t have any Government that we could have done to fix the through fraud and abuse and waste is programs except Medicare and Med- problems that are in front of this coun- greater than 85 percent of the gross do- icaid and Social Security? No military, try. mestic product of every country on no Department of Education, no NASA, It is called maintenance. It is like this Earth. It is more than the gross no NIH, no CDC. All of those are gone when you don’t mow your grass or you domestic product of 40 States in our in a very few short years. More impor- don’t pick up the trash in front of your Union. It is enough to meet the one tantly, in 2012, my generation starts yard. What happens is the value goes campaign’s annual goals to end ex- heavily hitting Medicare and Social down, the pride goes down. Well, that treme poverty over the next 10 years, Security, the first baby boomers. What is what has happened to us because my- over 10 times not enough. More impor- happens if we don’t address that? self and the vast majority of Ameri- tantly, it is enough to build 1,500 We would be wise to remember the cans believe overspending is a greater bridges to nowhere over every river in words of Will Durant: moral challenge than undertaxation. the world, times 10. That is how much A great civilization is not conquered from I want to spend some time now going money it is. without until it has destroyed itself from through what I call 2008, a waste odys- So what are the crises that we face? within. sey. This waste odyssey is—I am going It is important that we put ourselves For the typical family sitting around to be describing a few areas of Govern- in the shoes of the typical American the dinner table right now across ment, and I am going to go through family in this time of tightening. What America, the answer is obvious. It is them fairly fast so we can see it, and it do they do? They reassess. They look time for some belt tightening. It is will be on my Web site in the next for waste. Their debt is fixed. They try time for us to do the hard work of week or so. But I am going to outline not to get additional debt. They try to eliminating the duplication of wasteful at least $385 billion, of which I will spend less money. They try to con- programs. From their perspective, if guarantee $355 billion of it cannot be serve. They try to turn the thermostat they have to tighten their belt, we legitimately challenged that is not down. They try to only drive when they should too. It is not our money, it is waste; $355 billion annually that is have to drive. They try to buy cheaper theirs. Yet in this body we don’t be- wasted or defrauded from the taxpayers foods. They don’t buy the things they lieve we have to live by the same set of of this country, and we are doing noth- would like to buy. They buy and spend rules. We have demonstrated that by ing about it. This budget doesn’t do money only on bare necessities, if they our behavior. We like to pretend that anything about it; our appropriations can. we don’t live in the world of credit rat- oversight committees don’t do any- Well, a $607 billion deficit this year, a ings and scores. We ignore economic re- thing about it. The committees don’t $10 trillion debt, and a $79 trillion un- alities and look for ways to spend make the amendments to do something funded liability ought to cause us to do money on things that aren’t nec- about it. We do nothing about it. So we the same thing, except we have only essary—they may be nice but aren’t come back to that all-important oath. heard 1 percent in 2 days of debate talk necessary—with little regard to how Mr. President, $385 billion listed, $383 about eliminating wasteful spending, our decisions are going to affect our billion on this one chart, $385 billion of and that was Senator SAM BROWNBACK ability to pay for things we must pay which $355 billion nobody will be able from Kansas. for. to dispute. In the short term, we will get By arguing that Americans aren’t (Mr. BROWN assumed the Chair.) through this economic slowdown. taxed enough, Members of Congress are Mr. COBURN. Here is what we know. Hopefully, energy prices will become claiming that Government spending Medicare fraud, out and out pure Medi- more affordable for us. But everybody can’t be cut any more in the budget be- care fraud. It is somewhere between $70 knows in this body, whether we want cause the Government is running so ef- billion and $90 billion. I picked the to admit it or not, we are approaching ficiently it deserves a raise. I don’t middle, which is $80 billion. We have

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1898 CONGRESSIONAL RECORD — SENATE March 11, 2008 testimony and studies and lots of data Why do we continue to let that hap- hoops we have to be able to get rid of on that that will show us that at least pen? Where is the oversight? Ninety them. That is a one-time savings. That $80 billion worth of Medicare money is percent of New York Medicaid school- is not even on here. That is a one-time being ripped off every year. based service claims were illegitimate. savings we would achieve if we had a Let me give some examples. I will go Case management. CMS reports that in real property reform that forced the through some. Here is one company one State, 72.4 percent of the claims bureaucracy to do what was best when that billed Medicare $170 million for weren’t valid in terms of Medicaid case it came to real property. HIV drugs. Do you know how much in management. Going back to the performance bo- HIV drugs they did? Less than a mil- Then we have the infamous drug nuses, when GAO looked at it, they lion. But they billed $170 million. There scandals with the drug companies that found no connection between the pay- was $142 million for nonexistent deliv- have been overbilling to the tune of a ment of performance bonuses at the ery of supplies and parts and medical billion dollars. Pentagon and performance—not just on equipment—$142 million. How about Social Security disability this $8 billion they said was paid erro- How about taking Medicare numbers fraud? We have that listed at $2.5 bil- neously, but on the rest of it. I think from seniors and billing Medicare for lion. What we know is the following: we have an Armed Services Committee prosthetic arms on people who already There is at least $6.5 billion in im- in the Senate. We certainly have a have two arms? That came to $1.4 bil- proper payments in Social Security DOD Appropriations Committee in the lion last year. Think about that—$1.4 disability. So we have paid them a Senate. You would think this might be billion was billed to Medicare for pros- much smaller percentage than we have one thing we wanted to do oversight thetic arms for people who don’t need on any other improper payment pro- on. Yet no oversight hearing has hap- prosthetic arms. gram throughout the Federal Govern- pened. Why is that? Why haven’t we How about 80 percent of the drugs ment and said we will take a small per- looked at how we are wasting this billed across the entire United States centage of that, less than 40 percent, money? for HIV under Medicare went to the which is normally 80 percent, and we How about no-bid contracts. This is State of Florida, which has less than 10 will list it at $2.5 billion. It is coming my favorite. We have seen the prob- percent of the HIV patients who are el- out of Social Security every year—to- lems between Boeing and Northrup- igible for Medicare. How is that pos- tally wrong—and that $2.5 billion could Grumman on a new tanker, a $35 bil- sible? How about one wheelchair that stay in the SSI program to fund people lion new contract—except we know we got billed to Medicare? It was never who were truly disabled. Yet we let $2.5 have needed a new tanker for 12 years. sent, but they billed $5 million to Medi- billion sneak out. Why? That is us. We We have had planning on that for 12 care through multiple billings. It is have not done the oversight. years. We are letting a cost-plus con- easy to add up to $80 billion. If you add up all of the rest of the im- tract go through because we don’t I could go on. How about fake Medi- proper payments in the Federal Gov- know what we want. Do we not think care providers for the elderly, when ernment, you come to $55 billion. That whoever won that contract ought to they steal their number and send mul- is what is reported. But that doesn’t in- have to take some risk, development tiple bills to multiple locations clude the 18 agencies of the Federal risk? Do we think the American tax- throughout the country for the same Government that don’t even report im- payer ought to pay that? We know we Medicare patient. That is $10 billion in proper payments, even though it is the lose at least $5 billion a year across the improper payments. The actual im- law, which accounts for another $179 Government in no-bid contracts. That proper payments were $37 billion the billion worth of spending. And if they is probably minor. That is a small esti- year before last, and $27 billion last are anywhere close to the rest of it, mate within the Pentagon. We have year and of that, $10 billion of it is un- there is 5 to 10 percent of improper not even looked at all the other no-bid recoverable. We paid too much or we payments. So there is anywhere from contracts throughout FEMA, which we paid the wrong person. That is $10 bil- $3 billion to $7 billion more in improper know was tremendously wasteful dur- lion out the door, which is $250 per payments. ing Katrina. We know that at least $3 man, woman, and child in this country DOD performance awards. Here is billion of the money we spent during in improper payments on Medicare. what we have done. Over the last 3 Katrina, from hearings we had on Medicaid is another one. There was years, the DOD paid out $8 billion on homeland security, was wasted. When $30 billion worth of fraud. It is higher average a year to contractors for per- the average price we pay to pick up de- than that; that is only the Federal formance bonuses that didn’t meet the bris from Katrina to the guy actually Government’s portion of it. It is easily performance requirements of their con- picking it up is $6 a yard, and we are documented, but we cannot document tract. Think about that—$8 billion a paying the Corps of Engineers $32 a it because Medicaid doesn’t file im- year. That is almost twice the total yard, there is a problem. The taxpayers proper payments like the law says they budget of my home State that we are are getting swindled by 500 percent. are supposed to. Why? It is because we paying for performance bonuses for Yet we did that to the tune of billions have not had the guts to put any teeth contractors that don’t meet the re- of dollars after Katrina, with no man- into forcing HHS to have improper pay- quirements of the contract, but we pay agement or oversight. ments. Last year, finally we got 6 them anyway. Why do we allow that? What we know is in homeland secu- months of improper payments on only Why do we allow that to happen? rity—and especially from Congressmen direct payments to doctors. They found How about DOD maintenance of WAXMAN and DAVIS in the House—32 $13 billion worth of improper pay- unneeded properties? We have testi- Homeland Security Department con- ments. We have a report that says mony and a report that shows they tracts, worth a total of $34 billion in there is probably $15 billion worth of have 22,000 pieces of property they no-bid contracts, have experienced sig- fraud in Medicaid in New York City don’t want. They are spending about $3 nificant overcharges, wasteful spend- alone, of which the Federal Govern- billion maintaining properties they ing, and mismanagement. Between 2003 ment’s share would be about $8 billion don’t want. But we put roadblocks in and 2005, the no-bid contracts in the to $9 billion. the way so they cannot get rid of them. Department of Homeland Security in- How about the fact that we paid, in Is that Americans’ fault or is that creased by 739 percent. There is no 10 States, over $30 million for pay- something we should have addressed? management. We are allowing that to ments for Medicaid services to people We didn’t do it. Consequently, we are happen. When we argue that we cannot who are dead? Yes, we paid that. We going to throw out $3 billion more this let the bureaucrats control it, when we have a great system that is working year to maintain properties we should say we have to do earmarks, but we well. How about the fact that 65 per- have sold 5 to 10 years ago. don’t do oversight, we are letting the cent of all Medicaid rehabilitative We also know that within the Fed- bureaucrats control it. If there is $300 services are fraudulent? So of the rehab eral Government, outside of the DOD, billion worth of waste, fraud, and abuse bills that are filed with Medicaid we have another $18 billion worth of here, and our earmarks account for $18 through CMS, 65 percent are fraudu- properties we cannot get rid of because billion, what price are we paying by lent. we cannot go through the hundreds of not managing the Federal Government

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1899 and having oversight? We are not doing Committee won’t make them comply, management for that program? Where it. and the Appropriations Committee is the accountability for that? It is Emergency spending, another one we won’t do it, because we don’t want to similar to the tanker program: Give me won’t be critical of ourselves. We put know how much we send. But the a cost-plus program, I don’t know what emergency spending in on the floor and American people want to know. But I want now, but I know I want some- add from $20 billion to $40 billion and the Secretary of State does not want to thing, and I will tell you as we go what call it an emergency, and none of it give it to us. Our committees will not I want. And so the bills start adding meets the definition of an emergency. force them to do it. What do we know up. So out of the $64 billion we spent We do that so we can go outside of the about that, of the leaked documents last year, $27 billion of it is question- spending parameters that we have lim- that came out looking at how money is able we are ever getting anything out ited ourselves to either through pay-go spent? What we know is on procure- of it. or the budget. But it looks good at ment and peacekeeping that at least 40 Take a conservative estimate of that, home—or does it? It looks good at percent of the money that is spent is which is less than what we know his- home until we start talking about the wasted. Think about that. At least 40 torically the IT oversight from GAO waste, talking about the fraud, talking percent is influenced through people of has told us, and we are going to lose $10 about the mismanagement, talking influence and does not ever get to what billion on programs that were not about the denial of our oath we took it is supposed to be doing. It never gets asked for right, were not managed when we came here to uphold the Con- into the peacekeeping field. Only 60 properly or we just flat did not get stitution. When we allow bureaucracies percent of the procurement money ac- what we asked for and parted our ways to waste money, when we don’t have tually ever gets to where we want and threw these kids’ money away. Then there is another $17.5 billion we oversight of those bureaucracies, then peacekeeping, and yet we don’t do any- can save from the National Flood In- in fact we have abandoned our oath. thing about it. It is interesting, in emergencies, up We have asked for transparency at surance Program. It was created in 1968 until recently, when we had emergency the United Nations. This body voted 99 by Congress to prevent the need for fu- ture emergency spending for large spending, we paid for it. In my home to 1 to condition last year’s money on floods. It was designed to be self-sup- State of Oklahoma we had the Okla- that transparency. It went to con- porting, to pay back any debts with homa City bombing, a tremendous ference, and all of a sudden for some proceeds from ratepayers. But what tragedy. It was the first major internal reason that was dropped. I wonder why happened was, on the way to the store, terrorist act we had. All of the money that happened? We thought the United the politicians got in between them. So that went toward restoration of that Nations owed us an explanation to tell now we have a vast majority of prop- was paid for. We didn’t borrow it from us where they spent our $5.3 billion erties that have been grandfathered in our grandchildren. Let me go back but, in our wisdom, we did not accede that historically have made claims. again. When we don’t pay for things to that because it might have upset the They were built before the NFIP con- with emergency spending, we charge it U.N. Consequently, about $1 billion a struction standards, and they receive to them. When we have a true emer- year of what we send to the United Na- premium subsidies. In the wake of gency, which we might say we didn’t tions is pure waste—pure waste. It goes Katrina, we have a one-time savings of plan for, that is one thing, but when we to fraud. It goes to buy off people. It $17.5 billion that we could have had we know what we are putting into the bill goes to not accomplishing the goals. had that program. But where are we? is not an emergency, we are saying If we look at what we are trying to We now have Gulf Coast States lob- they don’t matter, we don’t care. We do in Darfur and the new U.N. program bying us that we should increase that care more about looking good and get- over there in terms of sending an inter- program, except the kids I showed the ting some constituent satisfied than diction force, what we know is 40 per- picture of are responsible for that. thinking about the future of these cent of the money has been wasted. It The other item, and I challenge all kids. has been scavenged. It has been taken my colleagues to start talking with How about other areas? How about away. It is not going to make a dif- Federal workers about where they can crop insurance? Do you realize that for ference in somebody’s life. save money. If you ask them, every one every dollar we pay out in crop insur- It is interesting, the U.N. peace- of them says, yes, we can save money. ance, we spend over $3 in administra- keeping budget this year will grow As a matter of fact, we can save a lot tive fees and underwriting to insurance from $5 billion to $7 billion, a 40-per- of money, but nobody is asking. As a companies? How is that a good deal? cent growth in 1 year. And of the top matter of fact, the system is, if we Regardless of where you are on the five contributors to the U.N. budget, haven’t spent the money by the 10th farm bill, why would we do that? That which is us, the United Kingdom, month, we are told to spend it, we are is at a rate of five times what the rest France, Japan, and Germany, all of our told to spend the money because we of the insurance industry earns. budgets are going to grow around 6 or might not get enough money next year, Who has the sweet deal here? Who 7 percent. But because we do not have and if we don’t spend it, then it looks has the sweet deal? It is not these kids. any transparency, we do not have any like we don’t need it and, therefore, They don’t have a sweet deal, when we management at the United Nations, we our budgets will be declined. In fact, are paying three times more than we have a spoil system and we do not have out of the $1.36 trillion we are going to should to administer a crop insurance the courage in our body to hold them spend this year, we could save 5 per- program and not requiring farmers to accountable, we are going to throw $1 cent easily, 5 percent efficiency. If we participate. That is the minimum we billion to $2 billion of our kids’ money can save it, if the Federal employees, can save—$4 billion a year—by saying away. the thousands with whom I have you can earn the same amount of Oh, I know, we shouldn’t rock the talked, are right, why aren’t we sav- money as everybody else in the cas- boat at the United Nations. They are ing? ualty insurance business, and no more. the people who care about freedom in Let’s go down through a few more, No more sweet deals for crop insurance the world. It is hard to see. If they care and then I will finish. firms. But do we do it? No. I voted about freedom, transparency would be We know if we simplify the Tax Code, wrong on one of the amendments for it. one of the No. 1 things they would as- either change it to a flat tax or It may have been the amendment of sure themselves. straight tax or a value-added tax— the person sitting in the chair. But we How about another $10-billion worth whichever one you want, it doesn’t didn’t do it. of savings? We have $64 billion worth of matter—what we know is if we did One of my favorites is the United Na- IT contracts going on right now; $27 that, we could get significant savings. tions. We sent $5.3 billion last year to billion of those are on the high-risk Let me tell you how. the U.N. and we cannot get the State list. In other words, we routinely lose One is we know compliance will be Department to tell us what our total about 20 percent of our investments in better. But we also know we have a $10 was in 2007. That was 2006. By law, they ITs. They don’t ever accomplish their billion budget for employees at the IRS are supposed to provide that, but they goals. We spend the money, and we that if, in fact, we could create a sim- don’t comply. The Foreign Relations never get anything for it. Where is the pler, fairer, straighter system—you

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1900 CONGRESSIONAL RECORD — SENATE March 11, 2008 pick which kind, I don’t care, value- percent of it is pure waste. We have until 2016, 8 years from now, but we are added tax, whatever it is—that we seen the fraud. We have seen the re- going to spend the money. would not need nearly that many em- ports. We know what is going on there. How about a $30 billion subsidy to ployees and we would not spend $160 Have we cut back the amount of Amtrak? Amtrak started with a sub- billion a year paying our taxes, which money? Have we limited the amount of sidy and was supposed to get better. We is what we pay other people outside the money on it? No. We offered an amend- continue to not hold them accountable. IRS. ment and couldn’t get it done. How about a $244 million subsidy for We also know the IRS, for every dol- How about USAID in Afghanistan, food on Amtrak? Maybe we want to lar they spend investing in compliance, $5.68 billion spent for schools. In the continue to have Amtrak. Maybe it is gets between $3 and $4 back. So some- first snow, the roofs collapsed on them. worth it to us to have a $1.5 billion sub- where between $50 billion and $100 bil- Did we do anything about it? No, we sidy every year on Amtrak. I would lion out of the $370 billion that we hired the contractor to do more stuff agree with that. Maybe that is the don’t get now, we can save. But we on a cost-plus basis. right priority. But should we be sub- tend to want to use it for a political de- How about hospital clinics that were sidizing a quarter of a million dollars a bate. supposedly built, except after we paid year for people’s food on Amtrak? But How about eliminating outdated and for them, the Afghanistan Government we are. wasteful programs. Let me go through told us they didn’t build them. How do Other items—essential air service to some of them. That is $18 billion. we let that happen? That is us. That small communities that are within Science fiction weapons, $431 million, isn’t the bureaucracy; that is us. We driving distance of another commu- nity, we are going to spend $110 million got nothing for it over the last 10 are letting it happen. We are allowing this year. How about the fact that we years, nothing for it, and we spent $431 it. are going to pay Federal employees million and got nothing. We spend $20 billion on Federal AIDS $250 million to ride the transit? Nobody The Coast Guard lengthened eight programs and what we know is lots of else in this country gets paid to ride patrol boats through an earmark. It it gets wasted. We know there is wide- the transit. Nobody else gets their cost $100 million. They are all worth- spread deficiencies within the Centers transit bills paid. But Federal employ- less now. We have to buy eight patrol for Disease Control and Prevention in ees, we are going to take a quarter of boats. Somebody had a good idea. the HIV prevention program. Those are a billion dollars every year, and we are How about excessive fuel costs? At not my words; that is the HHS inspec- going to say to some of the best paid, minimum, $35 million a year, and what tor general. best benefited workers in the country we know now looks like in Iraq another Two million dollars was embezzled at that we are going to give you a quarter $12 million worth of fraud occurring in the San Juan AIDS Institute. NIH is of a billion dollars in subsidy so you the fuel depots inside Baghdad. An- spending $120 million right now on a will ride the transit. Well, economics other $40 million, $50 million on fuel. vaccine program. The starter of that will tell them to ride the transit. The How about improper travel payments program and the major scientists who American taxpayer shouldn’t do that. at the Defense Department, $4 million started it said it will not work, and Well, I am wearing thin, I know, my a year? Security clearances—it costs us they are not contributing, but we con- colleagues, and so I will stop and enter half a billion dollars a year to do secu- tinue to spend $120 million on a pro- into the RECORD the remaining 50 pages rity clearances because we are doing it gram everybody in science knows is of examples I have of stupidity for in the Dark Ages when, in fact, for al- not going to work, but we are doing it. which we are responsible. The real im- most every other thing around this By the way, we spent $300,000 or portant thing to keep in mind, if you country we have developed modern sys- $400,000 on HIV Vaccine Awareness have been listening to this, is that we tems, computer-aided IT to develop Day, and we don’t even have a vaccine. are on an unsustainable course, that, how fast and how often we can clear se- It is important we spend it, but we can- in fact, a child born today is going to curity items. Yet we spend half a bil- not get rid of it because somebody ob- inherit something different from what lion, and it takes a year to get some- jects. we did. We inherited opportunity. They body cleared. We could cut that in half. AIDS housing, millions of dollars are going to inherit debt. We inherited We had a wonderful earmark for pol- wasted. a leadership and a heritage that says yester t-shirts for our marines. The Here is my favorite. How about $1 you sacrifice for the next generation. only problem is, if their MRAP or million paid to dead farmers? A billion, They are going to inherit a legacy that humvee has a fire, it sticks to their I am sorry, a billion dollars paid to says you kick the next generation in skin. But we still spend $3 million on dead farmers for their crops. They are the teeth. them. dead. We are continuing to pay them, Everything I have outlined today is How about a ferry to nowhere, 84 mil- up to 15 years some of them. It is the something we could have controlled, lion bucks? We rejected the develop- only program you can continue to col- we as Members of the Senate, but we mental boat proposed from a defense lect after you are dead, and yet we are so busy doing earmarks that we contractor in 2002, and the U.S. Navy have an Agriculture Department that don’t do any oversight. Now, what I was required to accept the project and allows that to happen. just outlined to this body is what my the bid and deploy it to the seas for How about this—this is great—the staff has discovered in 3 years. Think field engagement, even though it never National Park Service centennial cele- what would happen if all of us were ag- proved economically worthwhile. bration. We are going to spend $100 mil- gressively oversighting every agency of How about a James Bond boat, $4.5 lion in a time when our deficit is $607 the Federal Government. Think how ef- million, three of them? billion, our debt $10 trillion, and our ficient it would be. Think how much A high-altitude airship. The Presi- unfunded liabilities are $7 trillion, and waste wouldn’t be there. Think about dent knows something about this. The we are going to spend $100 million to what a great deal we would be doing for Missile Defense Agency did not request celebrate our national parks? That these kids. funding for this program. As a matter doesn’t pass the smell test. Nobody is America expects us to tighten our of fact, they said they canceled the sitting around their dinner table to- belt. They expect us to do what they program called the high-altitude air- night saying if we are ever in the kind are having to do right now. They are ship because of capability limitations. of shape we are in, we ought to be tired of our wasteful spending, they are Yet we continue to spend at least $1 doing that. tired of our earmarks, and they are million a year every year on that pro- How about $100 million for the con- tired of our bridges to nowhere. We bet- gram because somebody wants it. Some ventions that we did under emergency ter listen. There is a rumble, and if we constituent, some moneyed interest, funding? We spent $100 million, don’t listen, it is our own fault that we somebody who might employ 20 or 30 everybody’s money, for each city so we will continue to decline in esteem in people wants it. Somebody wants it, so could have the conventions in Denver front of the American people. We will we have to look good. and Minneapolis. have well earned it. How about the American Embassy in The other interesting thing about the So the next time somebody says they Iraq, $592 million? We know a good 20 national parks is it doesn’t turn 100 want to raise your taxes, ask them how

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1901 much of that they got rid of before and shopping, within the surrounding areas brary. So far, all the planning and arranging they do it. We don’t have a shortage of of Contractor’s establishment, to include of these and other national activities has money. We have a shortage of courage. major mall and/or Tanger Outlet Mall.’’ cost the American taxpayer $2.95 million. We have a shortage of character. We Interoperable Communications Grant Programs Inspector General Investigation of an Employ- have a shortage of intensity to solve There are currently two identical grant ment Training Grant the real problems that are facing this programs in the federal government that The inspector general for the Department fund interoperable communications, with of Labor issued a scathing report in Feb- country. And until we tackle this, we one housed at the Federal Emergency Man- ruary 28 highlighting more than $11 million should not say one thing to anybody in agement Agency within DHS, and the other in improper expenditures by the Consortium this country about increased taxes. It at the Department of Commerce. The Inter- for Worker Education (CWE). The grant for is morally reprehensible, it violates operable, Communications Grant Program CWE was issued to provide employment serv- our oath, and most of all, it does great operated by FEMA was created in 2007 and ices to participants and employers impacted damage to our country. authorized to spend 3.3 billion, while the by the events of September 11, 2001. Accord- I ask unanimous consent that the ex- Public Safety Interoperable Communications ing to the inspector general, ‘‘CWE reported amples that I referred to be printed in Grant Program at Commerce was created in it registered 24,195 enrolled participants, but 2005 and authorized to distribute $1 billion. only documented 20,513 registered partici- the RECORD. Both programs are identical in every pos- pants of which 366 were ineligible and 115 There being no objection, the mate- sible way except for their authorized funding were missing support documentation.’’ Labor rial was ordered to be printed in the levels and the Departments in which they department investigators also found that RECORD, as follows: are located. To further highlight the duplica- ‘‘Federal requirements were not followed Homeland Security Funds for Fish Fries and tion, it should be noted that the Department when charging costs to the grant’’ and that Spaghetti Dinners of Commerce contracted with FEMA to ad- four out of five of the program’s reported Indiana homeland security officials warned minister its program, meaning both iden- outcome measures could not even be audited. one county in 2006 to stop using electronic tical programs are being administered by the The inspector general also noted that it may emergency message boards to advertise fish same agency. Various public safety organiza- be forced to recover $13 million from the fries, spaghetti dinners and other events. tions commented that having two identical grant if CWE does not adequately justify its Homeland Security, which bought the 11 programs simply created confusion and wast- expenditures and accounting methods. signs for $300,000, said the county could risk ed resources. A Coburn amendment was filed NOAA’s Totally Bogus Taxpayer Funded Birth- losing Federal money. The Newport Chem- last year to combine both programs by elimi- day Bash ical Depot, which is considered a potential nating the Commerce program and adding In June 2007, the National Oceanic and At- terrorist target, is located in the same coun- it’s funding to the FEMA program, but the mospheric Administration (NOAA) an- ty in western Indiana. In the case of an evac- amendment was voted down by the full Sen- nounced that it planned to spend scarce tax- uation, the signs could flash routes for driv- ate. payer resources on a ‘‘200 year anniversary ers to take. The message boards also could KATRINA celebration.’’ The announcement was espe- be used during floods or other natural disas- Katrina Waste cially odd given that NOAA was only 37 ters. Using them for ads violates federal FEMA’s Individuals and Households Pro- years old at the time. According to the de- rules and could dull the public’s attentive- gram (IHP), provides direct assistance (tem- partment’s website, ‘‘[T]hroughout the year, ness to the boards, said the executive direc- porary housing units) and financial assist- NOAA will be hosting an array of events tor of the Indiana Department of Homeland ance (grant funding for temporary housing around the country to celebrate the agency’s Security. and other disaster-related needs) to eligible 200-year history.’’ Events listed included a Department of Homeland Security Grants individuals affected by disasters. A Sep- Washington, D.C. gala, a reception for There isn’t a training program out there tember 2006 Government Accountability Re- .members of Congress, a festival and concert that DHS doesn’t like to fund. Overlap and port found that management of the IHP pro- at Hawaii’s Waikiki beach park, outreach at duplication abounds within FEMA’s office of gram in response to Hurricanes Katrina and the Iowa State Fair, and other activities. Grants and Training and the multiple grant Rita resulted in as much as $1.4 billion in im- Oddly enough, the department’s website also programs it manages that fund counter-ter- proper and potentially fraudulent payments stated that ‘‘during 2000, NOAA celebrated rorism training for State and local first re- due to invalid registration data. In addition, its 30th anniversary as a federal agency[.]’’ A sponders. One of these programs, the Dem- duplicate payments were made and FEMA series of costly celebrations were also held onstration, Training, Grant Program, has re- lacked accountability for the debit cards that year in honor of the ‘‘anniversary.’’ Ac- ceived $63.6 million from 2004 to 2007 and has (each with a $2,000 spending amount) that cording to NOAA, the total cost of the bogus awarded 29 grants ranging from $750,000 to were given to disaster victims. Examples of 200th birthday bash was nearly $1.6 million. $6.5 million. However, despite this consider- abuse included the purchase of a $200 bottle Low-Income Legal Aid Wasted on Chauffeurs, able investment by the American taxpayers, of Dom Perignon champagne at a San Anto- Lavish Meals and Foreign Trips as of 2007, none of the training programs de- nio Hooters restaurant, payment for di- A 2006 investigation of the Legal Services veloped using Demonstration Training Grant vorces, a sex changes operation, luxury Corporation by the Associated Press found funding have been deployed for use. In addi- handbags, a Caribbean vacation, professional that the agency’s executives wasted tax- tion, some of the programs appear to dupli- football tickets, and adult entertainment. payer money on chocolate desserts, $400 cate other training programs provided both And because of FEMA’s notoriously bad fi- chauffeured rides to locations within cab dis- within DHS and with counter-terrorism nancial controls and reporting after Hurri- tance from their offices, and luxury office training programs provided through other canes Katrina and Rita, these are likely only space in ‘‘Washington’s tony Georgetown dis- Federal agencies. Even the Administration a fraction of the total cost of mismanaging trict.’’ Although the Legal Services Corpora- saw that continuing to fund this program this program. tion, which was created to provide legal as- was a waste of money. The President did not MISCELLANEOUS sistance to low-income Americans, turns request funding for the Demonstration Abraham Lincoln Bicentennial Commission away half its applicants for lack of re- Training Program in fiscal years 2007 and The Commission was authorized in FY 2002 sources, it still found plenty of ways to 2008 yet Congress chose to continue funding to create education programs, public forums spend money on lavish items. In one in- the program, giving it $30 million in 2007 and and arts projects to provide an opportunity stance, the agency’s board members even $28 million in 2008. to re-examine what it means to be American gave themselves meal allowances that dou- DHS—Customs and Border Protection Request a in the 21st century finding unity in our di- bled the amounts given to other staff. Other Shopping Trip versity. ‘‘The Bicentennial commemoration extravagant expenditures found by the Asso- The Department of Homeland Security re- of his [Lincoln’s] life and legacy will be a ciated Press include a $59 three-entre´e buf- cently requested that a training conference bright beacon to completing our nation’s fet, an $18 breakfast featuring scrambled be located within walking distance of a ‘unfinished work.’’‘ The Bicentennial cele- eggs with chives, a $28 deli buffet, and $14 major shopping center. According to a solici- bration will culminate in a Washington DC ‘‘Death by Chocolate’’ desserts. Total cost? tation notice from the Department of Home- ‘‘Bicentennial Birthday Gala’’ with a ‘‘world EPA Grant for a Caribbean Shopping Trip land Security Customs and Border Protec- class concert and entertainment special’’ in In 2007, the inspector general for the Envi- tion (CBP), the federal agency ‘‘desires a DC with ‘‘nineteenth century popular and ronmental Protection Agency (EPA) found hotel located within walking distance of (or patriotic music’’ being performed by ‘‘out- that the agency spent $356,012 to send Phila- short courtesy van trip) a major shopping standing military bands.’’ The Birthday Gala delphia high school students on a shopping mall which includes multiple significant de- will be followed by a Lincoln Memorial Re- trip to the U.S. Virgin Islands. According to partment stores and/or the Tanger Outlet dedication with a ‘‘memorable public pro- the trip agendas, the U.S. students were to mall (near exit 213), for the convenience of gram.’’ Additionally, a Joint Meeting of Con- take a kayak tour, attend a lecture, and the participants/guests’’ of an upcoming gress will take place in the U.S. Capitol’s visit a camp in the Virgin Islands. The agen- training conference. The notice also states Statuary Hall. After a keynote address by a cy spent $261,590 to pay for students in the that ‘‘Contractor shall provide/or assist with political leader or ‘‘senior Lincoln histo- Virgin Islands to travel to Philadelphia. The local transportation to/from local eateries rian’’, guests will proceed to lunch at the li- inspector general wrote in its report on the

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1902 CONGRESSIONAL RECORD — SENATE March 11, 2008 grant that ‘‘[t]he U.S. students also visited sued on the state and local level makes this stunning water and mountain views. Not to Coral World Ocean Park and resort loca- request for additional federal funds unneces- worry, though, they can be assured that tions, while both groups took shopping sary and duplicative. Given that the ECHO their taxpayer dollars have created the ‘‘low- trips.’’ Although the grant was supposed to center has already spent over $7 million in est-wake boat in the world’’ when it hits the promote environmental stewardship, a ma- federal taxpayer funds on national priorities water. While environmentally-friendly high- jority of money for the grant (52 percent) such as becoming the first LEED-certified speed ferries may be convenient and provide was spent on travel, and less than half the building in Vermont, and offering a water- greater economic opportunities for certain time of the trips was spent on environ- play space for kids to build dams and float communities, they are not national prior- mental-related activities. The grant was also boats, and that its net assets total more ities and should not be funded by federal tax- used to purchase 128 computers that met than $12 million, the federal taxpayer may be payer dollars until more pressing national only general education needs that were not forgiven for thinking this is a poor invest- infrastructure concerns are addressed. even part of EPA’s mission. ment of federal funds. Bangor Waterfront, ME Smithsonian Director DOT—Museum of Glass $262,500 was earmarked in the 2008 Omnibus According to an investigation by the Wash- In FY 2006, Congress gave $500,000 to the for development of the Bangor Waterfront ington Post, the director of the Smithsonian Museum of Glass in Tacoma, Washington. Park on the Penobscot River for the city of Museum of the American Indian spent The mission of the museum is to provide a Bangor, ME. Federal funding for developing $250,000 in taxpayer money on ‘‘first-class dynamic learning environment to appreciate this waterfront exceeds $4.5 million through transportation and plush lodging in hotels the medium of glass through creative experi- various earmarks, grants, and contracts. all around the world, including more than a ences, collections and exhibitions. The mu- ‘‘The park will be the centerpiece of Ban- dozen trips to Paris.’’ A separate investiga- seum showcases works by internationally gor’s waterfront destination for local and re- tion found that another top Smithsonian of- known artists who illuminate trends in con- gional populations and out-of-state tourists ficial accumulated nearly $90,000 in unau- temporary art, highlighting glass within a alike. It will provide several venues for out- thorized expenses between 2000 and 2005. His full range of media. The Museum of Glass door performances including the American expenses included ‘‘charges for jet travel, his has featured exhibits in Mining Glass, which Folk Festival. The park will complete long- wife’s trip to Cambodia, hotel rooms, luxury showcases the work of eight internationally term efforts to acquire, clear, remediate, and car service, catered staff meals and expen- distinguished contemporary artists working redevelop Bangor’s historic waterfront.’’ sive gifts.’’ The Smithsonian inspector gen- with glass, as well as Czech Glass from the Playgrounds, a fitness area for adults, a trail eral found that a few months after this 1945–1980 period. The museum also features system, and a picnic area are things that the Smithsonian head took office, he stopped fil- live glassmaking in the Hot Shop Amphi- community is expecting to see on the water- ing the required monthly documentation theater and dining in the Gallucci’s Glass front. These regional desires, however, ‘‘for administrative ease.’’ Cafe´. should not be prioritized over national infra- Government Printing Office, Daily Printing of Beach Nourishment for Imperial Beach and structure needs like deficient federal the Congressional Record other Beaches bridges. The Government Printing Office prints ap- An earmark included in the Water Re- Chesapeake Buoy proximately 5,600 copies of the Congressional sources Development Act of 2007 authorized $446,500 was appropriated in the 2008 omni- Record for each day Congress is in session. $8.5 million for current beach nourishment bus for an interpretive buoy system along This cost the American taxpayer over $6.5 for Imperial Beach in Southern California the Captain John Smith Chesapeake Na- million annually. Of the 5,600 copies printed and federal funding for periodic beach nour- tional Historic Trail. The purpose of the daily, over 1,400 are distributed to House of- ishment every ten years for a period of 50 buoys is to ‘‘promote awareness of the Bay’s fices, Committees and post offices, over 1,500 years for an estimated cost of $20,550,000 in condition, and to support the stewardship ef- are distributed to Senate offices and Com- federal funds. Such ‘‘nourishment,’’ however, forts of educators, trail users, government, mittees, and the remaining copies are dis- is not essential and does not merit siphoning and civic organizations dedicated to the tributed to various sources, including federal funds away from higher priority Corps preservation of the Bay and its natural envi- agencies and federal depository libraries all projects, such as protecting the thousands ronment.’’ This buoy system will ‘‘mark’’ at the taxpayers’ expense. The daily Con- living in the Sacramento valley who are still the newly created John Smith National gressional Record is available online and at risk of catastrophic flooding. The White Water Trail on the Chesapeake Bay. The previous Congressional Records are available House Statement of Administration Policy ‘‘water trail’’ is the first entirely water- online dating back to 1989. Instead of accept- urged eliminating funding for beach nourish- based National Historic Trail. The recipient ing that we live in an increasingly paperless ment in WRDA and President Clinton also of this earmark is the Conservation Fund of world and stopping the wasteful printing of sought to discourage federal beach nourish- Arlington, Virginia; and other partners of the Congressional Record, we would rather ment projects. Adding sand to beaches, at this project include the National Geographic just continue big spending as usual by best, provides a temporary fix to local ero- Society, the Chesapeake Bay Foundation, throwing millions of dollars and tons of sion concerns that could potentially lead to Sultana, Verizon, and others. The Conserva- paper in the waste basket. property damage and encourages risky devel- tion Fund is listed as having net assets to- ECHO Center opment and construction along shorelines at taling more than $275 million and has re- $97,000 was appropriated in the 2008 Omni- federal taxpayer expense. The $1.2 billion ceived over $23 million in federal funds since bus for the ECHO Center in Burlington, VT, wasted through beach restoration federal ap- 2000, according to FedSpending.org. The for education regarding the Lake Champlain propriations from 1995–2005 could have been Chesapeake Bay Foundation, which has en- Quadracentennial. According to its Website, spent on other federal priorities or gone to couraged the creation of this NPS trail, the ECHO Center, also known as the Ecol- pay off our growing national debt. boasts just under $70 million in net assets ogy, Culture, History, and Opportunity at Wake Ferry, WA and had a revenue surplus of $7 million in the Leahy Center, is a lake aquarium, $1.54 million was appropriated in the 2008 2005 alone. The National Geographic Society science center, and community resource. Its Omnibus for the Kitsap Transit, Rich-Pas- reported an income of $531,595,929 with over purpose is to ‘‘educate and delight people sage Wake Impact Study. ‘‘[This] study . . . $45,000,000 in profits and total assets of about the Ecology, Culture, History, and Op- is working to finalize the design plans and $1,127,705,462 in 2005. Promoting tourism in portunities for stewardship of the Lake specifications for a high speed passenger the Chesapeake Bay and increasing under- Champlain Basin.’’ To complete the ECHO ferry service between Bremerton and Se- standing of the historic voyages of Captain center, a $14.5 million ten-year fundraising attle. The funding will be used to study the Smith are well intentioned goals but are campaign was necessary. According to its response of the sands and gravels on the clearly not urgent, federal priorities. Like- Website, more than half of the funds for this beaches along the route through Rich Pas- wise interactive buoys may be innovative campaign came from the federal govern- sage, biological monitoring and analysis, fi- ways to educate tourists and visitors about ment. The Lake Champlain Basin Science nancial feasibility analysis and public out- the Bay and Captain Smith’s voyages, but Center—the non-profit organization that reach including a website and newsletter. they are inessential extravagances. Fortu- runs ECHO—listed a total of more than $12 The funds will also include the use of an ex- nately, the organizations that are heading million in assets at the close of the 2005 fis- isting foil assisted catamaran to simulate up this effort, including the recipient of the cal year and has received more than $4.4 mil- actual operating conditions of a designed earmark, have sufficient financial assets to lion in federal grants since 2000—including boat so that potential impacts, if any, can be ensure the continuation of this project. more than $600,000 last year. It is expected assessed and appropriate measures can be Earmarks for relatives that the quadracentennial will bring in reve- taken to protect the shoreline.’’ In total According to a recent investigation by nues of up to $133 million. In light of these $7.79 million has been appropriated for this USA Today, in 2006 ‘‘lobbying groups em- estimates why is further federal investment study along with $4 million for earmarks for ployed 30 family members to influence outside of the competitive bidding process a ‘‘low-wake, passenger-only ferry.’’ Both of spending bills that their relatives with ties for an educational exhibit regarding this spe- these projects have been almost entirely fed- to the House and Senate appropriations com- cial event necessary? The fact that numer- erally-funded during a time when the Kitsap mittees oversaw or helped write.’’ 2006 appro- ous other educational and heritage-related Transit Authority moved into a new 45,000 priations bills contained $750 million for initiatives already exist, or are being pur- sq. ft office and retail complex that offers projects championed by these lobbyists. Of

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1903 the 53 relatives or former top aides to law- for facility renovations to the International The Imiloa Astronomy Center is located on a makers on the powerful appropriations com- Peace Garden does not appear to advance nine-acre campus above the University of mittees working at lobbying firms last year, this mission. Hawaii-Hilo, and according to the website, 30 lobbied the legislator or the legislator’s Cleveland-based Head Start provider accused of features interactive exhibits, planetarium top aide for appropriations that the Member pocketing $7.5 million for poor children it shows, group tours, a store and a cafe for oversaw. Of those 30, 22 succeeded in their did not serve visitors to explore the connections between quest to insert specific earmarks in appro- Head Start is a national program that pro- Hawaiian cultural traditions and the science priations bills. That incredible rate of suc- motes school readiness by enhancing the so- of astronomy. The center was formerly cess—almost 75 percent—explains why lobby- cial and cognitive development of children called the ‘‘Mauna Kea Astronomy Edu- ists with personal ties to Members have been through the provision of educational, health, cation Center’’ and has received more than in high demand. Projects procured with the nutritional, social and other services to en- $30 million in federal funding since FY 1999. help of such lobbyists have included $1.5 mil- rolled children and families. A recent state USDA—Subterranean Termite Research lion for an underground facility in a cavern audit accused a Cleveland-based Head Start The Department of Agriculture gives fund- that would be used to protect financial infor- provider of pocketing $7.5 million for poor ing to scientists to develop and implement mation, $2 million for an earmark not re- children it did not serve. The audit, says the alternative methods to control and prevent quested by the Department of Defense for a Ministerial Day Care Association was paid termite damage to homes and other struc- company that produces armor products that for 5,162 children in 1998 through 2000, but tures. The scientists devise and test control gave nearly $11,000 to the sponsor of the ear- could only document serving 3,415 young- methods that are consistent with public mark, $1.28 million to widen a road near an sters. It’s the second major finding against health and environmental safety in warm upscale shopping center the earmark’s spon- the Ministerial Day Care Association, which weather states. Supporters argue that with sor helped to develop, and the creation of a was accused in a 2002 state audit of wrongly increasing environmental concerns, espe- fish marketing board that has received tens collecting $3.8 million in taxpayer dollars. cially ozone depletion due to fumigation con- of millions in federal earmarks and whose The State no longer funds the agency, but trol methods, as well as concerns for public initial chairman was related to the earmark the group still collects Federal Head Start health and safety, there is a continuing need sponsor. Ethics rules that do not prohibit money as well as funding from the Council to develop safe methods to control this dev- this clear conflict of interest that borders on for Economic Opportunity in Cleveland, astating pest. the corrupt enable such wasteful and inap- Ohio. The National Science Foundation propriate spending to occur at the cost of the Duplication—Early Education American taxpayer. The National Science Foundation is an In 2000, the Government Accountability Of- independent federal agency created by Con- ITBC fice published a report titled, ‘‘Early Edu- gress in 1950 to promote the progress of The InterTribal Bison Cooperative’s (ITBC) cation and Care: Overlap Indicates Need to science. With an annual budget of about $6.06 bison restoration program has received $8.2 Assess Crosscutting Programs.’’ The report billion, NSF is the major source of federal million in federal earmarks since 2000. ITBC identified duplicative programs providing backing in many fields such as mathematics, seeks to ‘‘restor[e] buffalo to Indian Coun- education or care for children under the age computer science and the social sciences. try, to preserve [the Indian] historical, cul- of 5. The GAO report found 69 early edu- The NSF website features the ‘‘Discoveries’’ tural, traditional and spiritual relationship cation programs administered by 9 different made possible with NSF funding and support, for future generations.’’ ITBC members also agencies. GAO revisited this report in 2005, including: claim that ITBC enables Native Americans and found that the landscape of federal pro- Helpful Robot Alters Family Life: Robotic to eat more buffalo meet, which is healthier grams remained largely the same as in 2000. vacuums are warming their way into homes than other forms of meat. President Bush Five years after the original GAO report and even taking on a personality for some has repeatedly attempted to eliminate this warned that a large number of programs cre- families. program because it is not central to the Bu- ates the potential for inefficient service and The Smell of Money: Research suggests an reau of Indian Affairs (BIA) core missions or difficulty accessing services, GAO found 69 absence of metallic chemicals in the strong responsibilities. BIA has concerns with the early education programs exist, the same metallic odors that result from people han- management of the program, as of the rough- number as in 2000, but the programs are now dling coins and other metals. ly $4 million in funding appropriated in 2006, administered by 10 different agencies. During Company Name Influences Stock Perform- less than $1 million was directed to indi- the 5 years between GAO reports, 16 pro- ance: Easy to pronounce names perform bet- vidual tribal projects. Specifically, out of grams were removed from the list, and 16 ter in stock markets. the almost $4 million funded by taxpayers, were added back. Monkey Business: The discovery of capu- only $859,180 was distributed to 15 tribes for HHS—Four Federal Agencies Sponsor Con- chin monkeys in the wild using stones as bison projects. A total of $3,127,782 was left ference at Walt Disney World nutcrackers may tell us something about the for ITBC administration and technical as- A three-day, expense-paid trip to Walt Dis- monkeys’ ingenuity, and more about our- sistance; meaning that for every one dollar ney World Resorts sound like a dream vaca- selves. allocated to the ITBC, 27 cents went to bison tion—but it’s not. It’s research, according to The Implications of Making Care-Giving projects. Furthermore, despite an increase in four federal agencies who sponsored a con- Robots Lifelike: Robots designed to help the funding of $1,786,962 in for fiscal year 2006, ference in Orlando, Florida. The 2007 Acad- elderly may be given the ability to interact only an additional $30 was allocated to bison emy Health Research Meeting was held at in human-like ways but what are the impli- projects (previously spread among 21 tribes). the Walt Disney World Swan and Dolphin re- cations of doing this? These funds would be better spent on pro- sort in Orlando, Florida. The posh resort Advanced Technology Program viding necessary Indian health services. boasts ‘‘an environment of elegance and opu- The Advanced Technology Program (ATP) More than $8 million has been wasted on this lence’’ featuring ‘‘the beauty and tranquility was created in 1988 to increase our country’s program. of waterways and tropical landscaping.’’ Fed- global competitiveness by investing in busi- HUD—International Peace Garden eral sponsors included the Agency for nesses and ideas that could not attract pri- The Fiscal Year 2008 appropriations bill for Healthcare Research and Quality (AHRQ), vate investment. Instead of promoting suc- the Department of Housing and Urban Devel- the Centers for Medicare and Medicaid Serv- cessful business initiatives, however, the opment (HUD) included a provision directing ices, the National Center for Health Statis- program quickly became a vehicle for waste- $450,000 to renovate facilities at the Inter- tics, and the Health Services Research and ful corporate welfare. For example, such national Peace Garden in Dunseith, ND. The Development Service of the Department of struggling small businesses as GE, IBM, and International Peace Garden is a 2,339 acre Veterans Affairs. Motorola have received hundreds of millions botanical garden on the U.S. and Canadian USDA—Goose Poop Cleanup of dollars from this federal program. A Gov- borders of North Dakota and Manitoba, cre- For 3 consecutive years (Fiscal Years 2004 ernment Accountability Office study of the ated in 1932 as a symbol of friendship be- through 2006) Congress has appropriated program even found it ‘‘unlikely that ATP tween the two nations. According to the gar- money for the ‘‘Goose Control Program.’’ can avoid funding research already being den’s website, ‘‘Reflecting pools and dazzling The Goose Control Program uses humane pursued by the private sector[.]’’ And accord- colorful floral displays of over 150,000 flowers methods to stop Canadian geese from ruining ing to the Program Assessment Rating Tool splash across the grounds of the Formal Gar- parks and fields in New York. Canadian developed by the Office of Management and den’s terraced walkways.’’ While the Inter- geese in Long Island, NY pose a year- round Budget, ATP does not address a specific need national Peace Garden center may stand a problem, destroying golf courses, parks and and is not even designed to make a unique symbol of the friendship between the United fields at important public facilities. The contribution. Between 1990 and 2004, the pro- States and Canada, renovation is not essen- Goose Control Program partners with gram spent over $2 billion on various invest- tial, especially when it is estimated there ‘‘GeesePeace,’’ an organization using envi- ments of dubious value. Last year, instead of are 700,000 homeless persons living in the ronmentally-safe and non-lethal methods to addressing the core problems within the fed- U.S. According to HUD’s website: ‘‘HUD’s reduce the number of geese and redirect eral program, Congress just chose to tinker mission is to increase homeownership, sup- them away from public places. around its edges and give it a new name. port community development and increase USDA—Imiloa Astronomy Center in Hawaii HHS—Head Start access to affordable housing free from dis- Last year, Congress gave NASA $1.5 mil- The Head Start program was established in crimination.’’ Nearly half a million dollars lion to fund the Imiloa Astronomy Center. 1965 to promote the school readiness of low-

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1904 CONGRESSIONAL RECORD — SENATE March 11, 2008 income children. In 2005, GAO issued a report cation and Welfare’’ which later split into in their ability to do union work no more that raised concerns about the effectiveness HHS and Department of Education. The than 10% of the time, though even that of the Department of Health and Human Commission’s next step is to select a design seems far higher than is reasonable. Services (HHS) Administration for Children for the memorial. Since 2000, Congress has and Families’ (ACF) oversight of about 1,600 allocated $6.35 million to the still unfinished Additional Examples of Fraud Waste and Abuse local organizations that receive nearly $7 project. of Taxpayer Dollars 2008 Community Development Block Grants. billion in Head Start grants. The report National Science Foundation grant money The Community Development Block Grant, found that among other program risks, ACF misspent to purchase Waverunner, Wide- or CDBG, program is a $3.87 billion program made limited use of financial reports and au- screen TV, season tickets to football games, dits to ensure that all grantees effectively housed at the Department of Housing and Urban Development. CDBG transfers federal a $1,900 frozen-drink-machine, and holo- resolved financial management problems. graphic lighted palm trees. Federal agents ACF had also made little use of its authority funds to certain local governments for broad uses such as housing, so-called ‘‘economic recently searched the home of a former Geor- to terminate grantees that did not meet pro- gia Tech employee who is accused of ringing gram requirements and fund new grantees to development’’ activities, social services, and infrastructure. CDBG has insufficient ac- up more than $316,000 in personal charges on replace them. A GAO report released just her state-issued credit card, using grant last month found that ACF has not under- countability, ambiguous goals, untargeted funding and no standardized outcome indica- money from the National Science Founda- taken a comprehensive assessment of risks tion, federal documents charge. The former to the federal Head Start program, despite tors. The CDBG formulas used to disperse the funding have not been updated since the administrative coordinator bought more the 2005 recommendation. The report stated, than 3,800 items, including a Waverunner ‘‘In light of federal budget limitations and late 1970’s. As a result, many wealthy com- munities receive 3–4 times more CDBG funds personal watercraft, a wide-screen tele- increasing expectations for program ac- vision, and items ranging from season tick- countability, ACF’s ability to demonstrate per capita than many poor communities. As ets to Auburn University football games in effective stewardship over billions of dollars one example of unfair targeting, in 2005, Alabama to a $1,900 frozen drink machine in Head Start grants has never been more Temple, TX had an average $20,000 per capita and holographic lighted palm trees. She also critical.’’ income and received $15 per capita in CDBG bought an electric double wall oven, dish- Working for America Institute funds. Meanwhile, wealthy Oak Park, IL averaged $36,000 per capita income and re- washer and high priced Henckel knives for The Department of Labor’s Working for ceived $39 per capita from the program. Por- her kitchen. She charged air conditioning America Institute (WFA) was originally tions of CDBG are used by Appropriators to units for her RV and had hundreds of pack- funded through the Workforce Investment carve out earmarks for things like aquar- ages shipped to her Marietta home, charging Act in 1998 which revised job training laws iums, speed skating rinks, ski chalets, white- thousands of dollars at Web sites such as and set up systems of local and state ‘‘Work- water rapid training centers, boat houses Amazon.com and Nordstrom. The staggering force Investment Boards.’’ WFA and other and parking garages. Since 2005, the total number of purchases went unnoticed until organizations were funded across the coun- cost of these earmarks ranged from $180 to August 2007, when a tipster contacted the try to help the new Boards develop their ca- $350 million. During the past 3 years, the In- Georgia Tech Department of Internal Audit- pacity to implement WIA. The Department spector General has audited a miniscule ing, according to the search warrant.’’ of Labor phased out the capacity building number of CDBG grantees and yet found programs in 2003 after they determined that Local and national taxayers suffer due to more than $100 million in waste, fraud and the Boards had enough capacity and experi- poor oversight over D.C. Health Safety net- abuse of CDBG funds. If the Inspector Gen- ence with WIA implementation and that work $129 million annual program. The Dis- eral had the resources to comprehensively funding should instead go to actual service trict of Columbia launched the D.C. audit the program, the total waste and abuse delivery for job training programs. DOL also Healthcare Alliance in 2001. The program, of funds could be many times greater. which faced a $40 million deficit last year, found that the assistance provided by WFA TV Converter Box Coupon Program. The provides free care to D.C. residents who earn was duplicative and less effective than simi- Department of Commerce TV Converter Box too little to afford private insurance but too lar programs already funded through DOL’s Coupon Program was established in 2005 to much to qualify for Medicaid benefits, and Employment and Training Administration help people pay for the equipment they has a budget this year of $129 million. Lax which has the primary mission of admin- would need to keep their televisions working oversight over the program has opened the istering federal job training programs. De- once all broadcast signals convert to a dig- door to costly fraud, critics of the program spite the duplication and ineffectiveness, ital format next year. Starting in January of have said. A new audit details the complete WFA received $3.5 million in Congressional this year, every household in America be- failure of the D.C. government to prevent funding from 2004–2007. came eligible to request up to two $40 cou- outsiders from ripping off a health care pro- Small Business Child Care Grants pons from the Dept. of Commerce to pay for gram financed by city taxpayers that is de- This brand new program directs the Sec- converter boxes for their televisions. Col- signed to provide a safety net for the city’s retary of Health and Human Services to es- umnist George Will, outraged by Congress’ poorest. One audit finding showed that elev- tablish grants to assist states in providing willingness to turn television into an entitle- en District addresses, not including homeless funds to encourage the establishment and ment, dubbed the provision that created this shelters, accounted for 271 Alliance mem- operation of employer-operated child-care program the ‘‘No Couch Potato Left Behind bers, and another 216 addresses accounted for programs. The program is unnecessary and Act.’’ Ironically, the $3 billion that was au- 1,866 members. The auditor also found that duplicative. HHS already administers the thorized for this program came out of the 16,720 of 63,167 Alliance data records con- Child Care and Development Fund which ‘‘Deficit Reduction Act,’’ though it will do tained no Social Security number, which consists of two block grants totaling more nothing but add to the deficit. Even though may be explained by a large number of ille- than $5 billion annually available to States the administration is only requesting $130 gal immigrants in the program. The alliance for providing child care to low income work- million for FY2009, this program is wasteful costs the District $212.21 per member per ers. Additionally, states can transfer funds in any amount because it uses taxpayer month, meaning local and federal taxpayers from their TANF block grants for child care money to pay for private television use at a are out 1 million a year for every 400 people assistance. In FY06 States transferred more time of deficit spending. than $1.8 billion from TANF for child care Official Time for Unions. Federal employ- who scam it. In 2008, $3.9 million come from and could have transferred even more since ees are allowed under current law to do federal tax dollars. States left $2.15 billion unspent in their union work while on the clock for their fed- Ohio Association of Chiefs of Police unit TANF accounts. Another HHS program eral government job—this is known as ‘‘offi- told to halt spending association misspent available to states for various purposes in- cial time.’’ Between 2002–2004 federal employ- tens of thousands of Homeland Security cluding child care assistance is the Social ees consumed 13.6 million hours of official grant dollars on services such as lawn care, Services Block Grant. Child care assistance time to do union work, which is equivalent window washing and pest control. Taxpayers routinely ranks in the top 5 uses for the to more than 6,500 full-time work years over have a right to expect that the millions of grant with states spending about $1.7 billion that time. Incidentally, there are numerous dollars from their pockets spent to bolster annually on child care assistance. Despite reports of federal employees who do no work state’s homeland security efforts will have the billions of HHS grant dollars already for their employing agencies at all, but are concrete results. Instead, one state agency available and utilized by States for child paid entirely to work on behalf of their misspent more than $182,000 in 2005. Accord- care assistance, the Small Business Child union. The estimated cost of paying federal ing to a recent Inspector General report, ‘‘A Care Grant program was funded by Congress employees to do union work over just those state agency has ordered the Ohio Associa- at $5 million in 2007. three years is about $300–$400 million. This tion of Chiefs of Police to stop spending Dwight D. Eisenhower Memorial Commission means that taxpayers who might not support homeland security money while a federal The Commission was authorized in FY2000 the political aims of federal unions are being auditor reviews allegations of misspending.’’ to create an enduring Eisenhower National forced to subsidize their operations on a A state audit found the chiefs association Memorial in the nation’s capital. The Com- massive scale. While the Administration has misspent tens of thousands of federal mission selected a site for the Memorial and started collecting government-wide statis- dollars on such services as lawn care, window won Congressional approval in 2006. The me- tics for official time in 2004, official time has washing and pest control, and has continued morial site is near the Department of Edu- remained stubbornly in place and is badly in to fail to document hundreds of other costs. cation which was originally created by Ike need of being addressed by the Congress. The chiefs association was awarded $7 mil- within the ‘‘Department of Health, Edu- Ideally, federal employees would be limited lion a year in 2004, 2005 and 2006, tripling a

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1905 budget that had been used to train officers lion by participating providers. According to years. In 2004, the Health Resources and and develop crime-fighting programs. The the OIG report, the fraudulent spending Service’s Administration (HRSA) through state Emergency Management Agency found came as the result of medical companies the Health and Human Services Administra- incomplete records and irregularities for overcharging the government or arranging tion (HHS) launched the program Stop Bul- each of the three years the unit was awarded kickback schemes to promote the use of lying Now. The extensive website includes a funds. their products. OPM recovered $97 million ‘‘stop bullying now jingle,’’ 12 games 2007 from a large settlement with one such com- (‘‘Bully-wood Squares,’’ connect the dots to Centers for Disease Control (CDC) can’t pany, and the largest case resulted in a $155 reveal the bully, (etc), 12 ‘‘animated find $22 million in equipment. More than $22 million settlement from Medco Health Solu- webisodes’’ featuring characters that ‘‘just million worth of scientific equipment and tions, which provides mail order prescrip- might remind you of people you know.’’ (see tions and related benefits to federal employ- other items is missing from the CDC, raising illustration) along with a promise to ‘‘post a ees. The company settled a complaint that it ‘‘troubling issues’’ about the Atlanta-based new one every couple of weeks,’’ along with paid kickbacks to health plans to gain their agency’s ability to manage its property, ac- advice and letters from HRSA’s bullying ‘‘ex- business, took money from drug manufactur- cording to members of a congressional over- perts,’’ Senorita Ortega and Mr. Bittner. ers to favor their drugs and destroyed pre- sight committee. There were 5,547 items of CNN reported in 2003 that HRSA’s bullying scriptions to avoid penalties for delays in property, worth more than $22 million, unac- program would cost $3.4 million. However, in filling them. counted for at CDC as of February 22, 2007. a response to a July 2006 congressional re- NASA’s 4-Star parties cost taxpayers mil- quest, HRSA reported that $6.2 million had CDC funded Hollywood to help write TV Shows lions as agency pays $4 million a year for re- been spent since the establishment of the with millions from taxpayexs. sort parties to honor some employees and program, almost double the amount of the CDC has spent $2.01 million—and plans to lots of NASA contractors. On the same day original estimation. The program was not spend up to $250,000 in FY08—to fund a Holly- NASA got an emergency $1 billion in extra enumerated in HRSA’s 2007 or 2008 budget wood liaison to help TV shows like ‘‘General appropriations from the Senate, and former justifications submitted by the agency to Hospital,’’ ‘‘The Young & The Restless,’’ and astronaut and Senator Ben Nelson (D–NE) Congress. ‘‘24’’ with their fictitious storylines. CDC said, ‘‘Right now we’re at a critical point be- used $51,500 in CDC terrorism funds for the cause NASA has been starved of funds,’’ Comic Capers at NIH. Congress doubled Hollywood liaison program. Based on CDC NASA put out a bid request for a four-star funding for the National Institutes of Health data, the agency spent approximately $6,000 hotel for its December awards ceremony that (NIH) over the past decade. While we haven’t per TV episode consultation. CDC’s media af- will cost taxpayers between $400,0001 and discovered a cure for cancer yet, the agency fairs office could field questions from the en- $500,000. A NASA spokesman sat down with does provide you the opportunity to create tertainment industry and free up millions in CBS News and didn’t think the event was and print your very own Garfield comic CDC funds for health and biosecurity needs. frivolous or extravagant. In fact, instead of strips. NIH paying $1.3 million monthly for un- asking taxpayers if the resort parties should $61.7 million in federal AIDS funds went used lab as vibrations still an issue at new be a priority, he told CBS, ‘‘I think what I unspent that could have been used to treat Baltimore facility. The federal government would do is ask the people who we have hon- patients on AIDS drug waiting lists. An HHS has begun paying millions of dollars in rent ored to give me an idea if they think this OIG report reveals that bureaucratic inac- for a new medical laboratory facility in thing was reasonable, if they felt they were tion at the Health Resources and Services Southeast Baltimore, but federal scientists, honored properly.’’ NASA holds such a party Administration (HRSA), not a lack of federal who were supposed to relocate there a year every time there’s a shuttle launch, for what resources, has contributed to the patient ago, are still months away from moving in. CBS estimates is about $4 million a year. waiting lists for AIDS drugs. ‘‘HRSA did not The National Institutes of Health expects it This December’s event will be the third of use the offset authority provided by the will take three more months to determine 2007. Amazingly, when asked by CBS News if CARE Act and HHS grants policy to manage whether vibration problems with the build- NASA was told to cut their party money in States’ unobligated balances. . . . By doing ing have been fixed and whether all sci- half, its spokesman said, ‘‘If we were told so, HRSA would have had available a larger entists who were supposed to transfer there that we had to reduce it I think we would re- amount of current-year funding to address will be able to. The Sun reported last year duce the number of honorees rather than program needs. For example, the offsetting that the agency and many researchers feared trying to go to a poor place or a place that option might have been useful in grant year the vibrations would skew results of sen- doesn’t have good service.’’ 2002, when 10 States had unobligated Title II sitive microscopes and other lab equipment. Snacks Take Big Bite Out of DOJ Budg- balances totaling $61.7 million and 8 States The $250 million building, called the Bio- et.—‘‘double-dipping’’ for meal reimburse- had no balances or small balances and a doc- medical Research Center, is on the Johns ment by DOJ employees increases cost to umented need for additional resources. Hopkins Bayview Medical Center campus. taxpayers. An internal Justice audit showed HRSA stated that it had opted against using The building has been promoted as a state- the department spent nearly $7 million to the offset authority provided by the CARE of-the-art facility for research programs on plan, host, or send employees to 10 con- Act. ferences over the last two years. This in- aging and drug abuse, and is a cornerstone Over $45 million in Title I Ryan White cluded paying $4 per meatball at one lavish for redevelopment in the Southeast Balti- CARE Act funds unspent over 5 year period dinner and spreading an average of $25 worth more neighborhood. Last month, NIH began while AIDS patients wait for drug assist- of snacks around to each participant at a paying more than $1.3 million a month in ance. The Health and Human Services In- movie- themed party. The report, which rent and upkeep. spector General issued a review of unspent looked at the 10 priciest Justice Department Feds Spending Thousands of Taxpayer Dollars Ryan White CARE Act Title I funds (AIDS conferences between October 2004 and Sep- on Social Networking Sites. care grants provided to 51 metropolitan tember 2006, was ordered by the Senate Ap- Most federal agencies maintain websites areas in the U.S.) and found that 46 eligible propriations Committee. It also found that publicizing their mission, work and out- areas carried over more than $45 million in three-quarters of the employees who at- reach. Some press reports estimate the num- unspent federal funds from two to five years tended the conferences demanded daily reim- ber of federal websites to be in the range of beyond the original budget period between bursement for the cost of meals while trav- 20,000. Apparently the proliferation of 1999 and 2003. During this period, there were eling—effectively double-dipping into gov- websites promoting U.S. government federal hundreds of patients on waiting lists for ernment funds. The audit did not compare agencies and their work is not enough. Some AIDS Drug Assistance Programs throughout Justice’s conference costs to those at other agencies, such as the Centers for Disease the country. A number of patients on these government agencies. Control (CDC) at the Department of Health Pentagon paid $998,798 to ship two 19-cent waiting lists died in South Carolina, Ken- and Human Services, the National Aero- washers as little oversight lead to blatant tucky and West Virginia. nautic and Space Administration (NASA) abuse of system. A small South Carolina The Washington Post reported that NIH and the National Oceanic and Atmospheric parts supplier collected about $20.5 million was paying an employee $100,000 a year to do Administration (NOAA) at the Department over, six years from the Pentagon for fraudu- nothing. According to the article, ‘‘NIH Sci- of Commerce are looking towards social net- lent shipping costs, including $998,798 for entist Says He’s Paid To Do Nothing: Agency working sites as a new publicity front. sending two 19-cent washers to an Army base Denies Administrator’s Surreal Situation of NOAA has spent 25,000 for publicity on Care2 in Texas, U.S. officials said. The company Collecting $100,000 Salary for No Work,’’ networking site to promote 2008 as the also billed and was paid $455,009 to ship three every weekday at 6.30 a.m., Edward ‘‘International Year of the Reef’’ and hosts machine screws costing $1.31 each to Marines McSweegan climbs into his Volkswagen ‘‘virtual island’’ on the Second Life site. in Habbaniyah, Iraq, and $293,451 to ship an Passat for the hour-long commute to the Na- Over $100 million in fraud is found in the Fed- 89-cent split washer to Patrick Air Force tional Institutes of Health. He has an office eral Employee Health Program. Base in Cape Canaveral, Florida, Pentagon in Bethesda, a job title—health scientist ad- The Inspector General for the Office of Per- records show. ministrator—and an annual salary of about sonnel Management (OPM), the federal agen- Untold Millions, Spent on Repetitive ‘‘Bul- $100,000. What McSweegan says he does not cy that administers health benefits for gov- lying’’ Programs in Multiple Federal Agen- have—and has not had for the last seven ernment employees, found that the health cies? One program, HRSA’s ‘‘Stop Bullying years—is any real work. He was hired by the benefits program was defrauded of $106 mil- Now’’ was estimated to cost $6.5 million in 2 National Institute of Allergy and Infectious

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1906 CONGRESSIONAL RECORD — SENATE March 11, 2008 Diseases in 1988, but says his bosses trans- count every person in the country, as re- profits tax in order to pay for the war. ferred the research grants he administered to quired by the Constitution for apportioning I don’t see the advocates of the war in other workers eight years later, leaving him the House of Representatives. The Census Iraq coming forward and saying: We with occasional tasks more suitable for a Bureau has recently estimated that the over- don’t want to leave that burden of $150 typist or ‘‘gofer.’’ all cost of the census would be $11.8 billion, billion a year to our kids and grand- Letter for Stimulus Rebate Checks. The re- which is nearly double what was spent to cently passed stimulus package will provide conduct operations in 2000. More recently, children, so we are going to come up rebate checks to 130 million households. Be- though, we have found out that the Bureau and pay for it now. I didn’t hear my fore those checks are issued, though, the In- has so grossly mismanaged a $600 million friend from Oklahoma raise that issue. ternal Revenue Service will send a letter out contract for handheld computers that cost I hear other people coming to the to each household that will get a rebate overruns as high as $2 billion are possible. floor and they say: Well, we have this check to inform them that the check is on Most of this cost would be the result of need- tremendous national debt, and they the way. Unfortunately, the cost of sending ing to abandon the handheld computers in have pictures of the kids, and yet they these pre-rebate letters will be $42 million favor of conducting the census entirely by propose to completely eliminate the es- once the costs are tallied for postage and paper. Due to the recent revelations, the printing. The letter will not contain the ac- tate tax, which over the course of 20 Government Accountability Office has years will cause us a loss of $1 trillion. tual rebate, but will merely explain that the placed the 2010 Census on its High Risk List, stimulus package was passed and what a cit- which is reserved only for the most problem- How is that going to be paid for? Oh, I izen should do with the check once they re- atic programs in the federal government. guess we don’t have to pay for it. I ceive it. It is not clear why this information guess we can just pass that on to the Mr. COBURN. Mr. President, I yield could not be provided with the actual check kids. So I think that some of our the floor. at its time of arrival, leading some to think friends who talk about fiscal responsi- that the letter serves no higher purpose than The PRESIDING OFFICER. The Sen- bility might, in fact, want to pay for to give Congress and the President a pat on ator from Vermont is recognized. the back. Surely, there could be a better use Mr. SANDERS. Mr. President, let me this war today, not pass it on to future for the $42 million—like giving it back to begin by commending my friend from generations. And when they are talk- taxpayers. Oklahoma, who I think makes some ing about giving huge tax breaks to the Senate Restaurants. The Senate Res- wealthiest people in this country, let very important points. There is no taurants, which is overseen by the Architect them understand that is all they are question that there is an enormous of the Capitol, operates the Senate cafe- doing, is driving up the national debt terias, catering services, snack shops, vend- amount of waste and fraud and abuse so that our kids and grandchildren will ing machine and the Senate Members Dining in this Government. There is no ques- Room. A recently GAO audit found that the be forced to pay for that. tion, in my mind, that Congress has We are in the midst of a debate about American taxpayers have covered the Senate not been vigilant enough in rooting out restaurants’ $2.36 million operating losses the budget, and as you know a budget during the last two combined fiscal years. that waste and fraud to the tune of bil- is a lot more than just numbers; it re- The operating loss rose from $1.02 million in lions and billions of dollars. flects the values and the priorities of 2006 to $1.34 million in 2007. After taking in I would simply say that while it is our Nation. And when we look at what just over $10 million of revenues in 2007, absolutely appropriate to condemn the is going on in this country, as impor- being $1.34 million in the red translates into Congress, it is also important to note tant as a $9.2 trillion national debt is, a 13.4% operating loss for the Senate Res- that we have an administration in this taurants. No business could operate in the it is not the only issue of importance. city, in Washington, DC, and the func- What is also important is to under- private sector with these kinds of losses but tion of an administration is to admin- this is the kind of waste that we are seeing stand today what is going on in terms all throughout the federal government. ister. That means that when there is of the needs and the lives of middle- Prompted, the recent GAO audit, the Senate waste and fraud, you have an adminis- class and working people. Committee on Rules and Administration is tration that should also be on top of One of the realities we do not talk now seeking an outside vendor to take over that situation. And I think of the many about very much today is that poverty operations of the Senate Restaurants. failings of the Bush administration, in America is increasing. In fact, since Unneeded Federal Buildings. The federal which, in my view, will go down in his- government currently owns 21,000 buildings President Bush has been in office, al- that it says it no longer needs, which are all tory as one of the worst in our coun- most 5 million more Americans have together worth $18 billion. At the Depart- try’s history—clearly their overall in- joined the ranks of the poor. That is ment of Energy alone, the unneeded property competence will be one of those areas part of the Bush economy. We now is equivalent to three times the amount of people will focus on. have almost 36.5 million Americans square footage in the Pentagon—the largest The second point I would make—and who are living in poverty. Many of building in the world. Unfortunately, the I see my friend from Oklahoma has these people are working, and they are rules and regulations in place make it nearly left—is that he is absolutely right that working 40 or 50 hours a week, but they impossible for federal agencies to sell these a $9.2 trillion national debt is buildings in a timely manner on the open are making 8 bucks an hour, they are market. According to the rules, before an unsustainable. But one of the areas I making 7 bucks an hour, and they are agency sells a property it is required to con- don’t believe he mentioned in terms of just not making enough money in duct extensive reviews to determine if the driving up that national debt is the order to lift themselves out of poverty. property could be used to meet some public war in Iraq. In fact, the United States of America benefit, such as a homeless shelter, school, Now, we can have a great debate today has the highest rate of poverty airport runway or path for telephone wires. about the wisdom of that war. I voted of any major nation on Earth, and that If a determination is made that the property against it when I was in the House. I is an issue which we should address could be used in this way, after a process think we should bring our troops home that can take years, it is then available to be here in the Senate. given away at no cost to an applicant. In the as soon as possible. But right now, we When we are talking about Ameri- years that these rules have been in place, are not on the war, we are on the budg- cans living in poverty, we are not, of 30,000 properties have been required to under- et. And the question regarding the course, just talking about adults. Trag- go these reviews, but only a fraction of a per- budget is, For all those people who sup- ically, we are also talking about chil- cent of have ever been given away. Unfortu- port the war, why don’t you pay for the dren. I know our President and many nately, because all properties are required to war now rather than forcing our kids others talk about family values. Well, undergo this process there is a tremendous and grandchildren to pay to the tune of this is not a family value. Under Presi- bottle-necking effect, preventing agencies from selling unneeded properties. This hurts $150 billion a year? And some say the dent Bush’s administration, since he agencies in two ways: first, it means that cost of this war eventually will run has been in office, 1.2 million more agencies are deprived of the money that they into the trillions of dollars. So all of children are now living in poverty, and could earn by selling the property, and sec- those people who talk about fiscal irre- we have almost 13 million kids in this ond, it means that agencies are required to sponsibility refuse not to pay for the country who live in poverty. That is pay for upkeep of buildings they don’t need. war. not a family value. That is a national Instead of allowing these properties to be I was reading a book about Dwight disgrace. As a matter of fact, the sold on behalf of taxpayers, Congress has David Eisenhower, and in the book it United States has the dubious distinc- chosen to keep the rules in place and wasted the opportunity to make $18 billion. points out that during the Korean war, tion of having the highest childhood 2010 Decennial Census. The 2010 Decennial Truman imposed a surtax on people’s poverty rate in the industrialized Census will use a six-question survey to personal income tax and an excess- world.

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1907 I hear some of my friends coming to el long-distance to and from work. And percent hit the highest level on record, the floor to compare this or that aspect $40 billion in profit for ExxonMobil. while the middle-class and working of American society or our tax policy Home foreclosures, of course, are now families received the smallest share of with Europe and other countries. Well, the highest on record. Meanwhile, aftertax incomes on record. I think it is important that we look at while the middle class is shrinking and So when people understand in their this chart—how we treat our children. poverty is increasing, the wealthiest gut that what is happening is the mid- What this chart shows is that Fin- people in this country have not had it dle class is shrinking and the rich are land, Norway, and Sweden all have so good since the 1920s. getting richer, well, that is what it is childhood poverty rates of less than 5 My friend from Oklahoma mentioned about. That is the fact. That is pre- percent. Switzerland, Belgium, Aus- that there are issues we just don’t talk cisely what is happening in America. tria, France, Denmark, and Germany about, and he has a point. But one of In addition, according to Forbes mag- all have childhood poverty rates of less the issues we don’t talk about in this azine, the collective net worth of the than 10 percent. The Netherlands has a body—for pretty obvious reasons, to wealthiest 400 Americans—400 Ameri- childhood poverty rate of slightly more my mind, because who pays for the cans, that is not a lot of people—in- than 10 percent. But in the United campaigns around here—is the growing creased by $290 billion last year, in- States of America, the childhood pov- disparity, the outrageous disparity of creased by $290 billion to a total of $1.5 erty rate is 21.9 percent, or more than income and wealth in this country. trillion. Not only have the wealthiest double that of France, Germany, Aus- What this chart shows is that the 400 families, the richest 400, seen an in- tria, or the Netherlands. wealthiest 1 percent of the population crease in their wealth, their combined Now, why is that an important fact? now owns 34 percent of the Nation’s income has more than doubled from It is important, obviously, that the wealth, while the bottom 90 percent 2002 to 2005. children are vulnerable; that as adults, owns only 29 percent of our wealth. At the same time, the average in- we are responsible for the children and That is here. come tax paid by the wealthiest 400 we are failing those children. But it is So what you see is the richest 1 per- Americans has fallen from 30 percent also important to note that we have, as cent owns more wealth than the bot- to 18 percent. That is not BERNIE SAND- a nation, more people behind bars, in- tom 90 percent. Is that what America is ERS, that is according to the Wall carcerated, than any other nation on supposed to be about? Is that the kind Street Journal. The reason the average Earth, including China. And if anyone of society we want? There is a lot of income tax for the wealthiest people thinks there is not a direct correlation discussion that takes place on the floor who are making astronomical sums of between high poverty rates for kids of the Senate, in the House, about the money, why that has been cut in half, and kids who mentally drop out of soci- economy. But at the end of the day, is mainly due to Bush’s tax cuts, ac- ety, get involved in self-destructive ac- when you look at the economy, what is cording to the Wall Street Journal. tivity at young ages, and then end up important, most important, is not eco- The middle class is shrinking, pov- in jail, you would be kidding yourself. nomic growth, not GDP, what really is erty is increasing, and the wealthiest And the issue here is whether we ad- most important is what is happening to people have not had it so good since dress this crisis of 21 percent of our the average person. the 1920s. That is an overview of the kids living in poverty, whether we pro- You can have all of the growth you state of our economy. vide for those kids or, 15 or 18 or 20 want, and you can see ordinary work- Now, why do I raise these issues? I years later, whether we lock them up ing people experiencing a decline in raise these issues because if we truly at $50,000 a pop. their real wages. You can see a lot of do not understand what is going on There have been recent discussions wealth being created, but it does not around our country in the lives of ordi- about the economy, whether we are in mean a whole lot to ordinary people if nary people, people who cannot afford a recession or entering a recession. But most of that income and wealth is to fill up their gas tank, cannot afford the truth is, despite President Bush’s going to the people on top. a college education for their kids, can- assertions, this economy has been a The bottom line is that in the econ- not afford childcare, cannot afford to disaster for middle-income and work- omy there are winners and losers. It is take care of their parents, if we do not ing families from day one. Since Presi- very clear that in the economy today, understand that reality, it is pretty dent Bush took office in 2001, median the middle class is losing. Lower in- hard for this body to make good public household income for working-aged come people are being decimated while policy. Americans has declined by almost the upper income people have never The question then is, what do we do? $2,500. That is what we call the collapse had it so good. What do we do? Well, President Bush of the middle class. Over 81⁄2 million I know my friends in the Senate on gave us his answer in his budget. What Americans have lost their health insur- both sides of the aisle—I speak as an President Bush, in his budget, said is, ance. That is what we call the disinte- Independent—hesitate to talk about at a time when the richest people in gration of the health care system in that issue. But it is imperative that we America are becoming richer, what America. Three million workers have do talk about it. Let me go to another should we do? Well, let’s give them lost their pensions. And the idea of a chart. even more tax breaks. That makes a defined pension program is increas- This chart talks about the economy lot of sense to the richest people in ingly becoming ancient history. More in terms of how different groups are America and George W. Bush. and more workers are wondering what doing. This chart shows that the And what did he say to the poorest is going to happen to them when they wealthiest 1 percent saw its total in- people in America? Well, poverty is in- retire, and the idea that there will come rise by $180,000 in 2005 or more creasing. There is a level of despera- really be a defined pension program for than what the average middle-class tion going on in this country that we them when they retire, that is not family makes in 3 years. This is the have not seen in many years. So at a something most workers, especially rise in income, not what they make; time when poverty is increasing, what younger workers, believe. this is just their increase. do we do? Well, according to George W. The annual trade deficit since Presi- So the wealthiest 1 percent are doing Bush, you cut back on the aid and pro- dent Bush has been in office has more phenomenally well. That is on average. grams that help low-income and mid- than doubled, and over 3 million good- That is a pretty good year, on average, dle-income people. That is precisely paying manufacturing jobs have been seeing an increase of $180,000 in the what Bush’s budget was about; one of lost. The price of gas at the pump and year 2005. This is according to the Con- the more absurd documents that I have home heating oil has more than dou- gressional Budget Office. ever seen in my life. bled, while ExxonMobil made $40 bil- Meanwhile, the average middle-class Fortunately, that budget has been lion in profits last year—more than family received a $400 increase. That is placed where it belongs; that is, in the any company in the history of the that small little box down here, an in- garbage can. We are now debating a world. That is $3.20 for a gallon of gas, crease in annual income in 2005. much different budget, a budget that is which working people in Vermont can’t CBO also found that the total share far better, the budget that we have be- afford. Workers in Vermont often trav- of aftertax income going to the top 1 fore us. I am proud to be a member of

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1908 CONGRESSIONAL RECORD — SENATE March 11, 2008 the Budget Committee, working with tenths of 1 percent, people who eco- How many millions of kids are now Chairman CONRAD, on a far better nomically are doing phenomenally well being minded by untrained people and budget than the President’s budget. today, or we can invest it in the people being stuck in front of a television set But, in my view, we can make im- in our country and use some of that for for 8 hours a day? And what an unfor- provements on it. We can do better deficit reduction. tunate circumstance that is for our lit- than the budget we are now debating. What could we do with $32.5 billion? tle kids, especially at a time when To that regard, I will be introducing an Well, let me tell you. We could, as our most women work and are entitled to amendment, and I want to thank the amendment does, expend $10 billion for good quality childcare. This amend- Presiding Officer for being one of the the Individuals with Disabilities Edu- ment would provide funding to help do cosponsors of that amendment. cation Act; that is, special education. that. Let me very briefly talk about that. Over 30 years ago, the Federal Gov- This amendment would also provide a It seems to me, as we look at some of ernment made a promise that it would $3.5 billion increase to the Food Stamp the trends that we should be addressing fund 40 percent of the cost of special Program. Hunger in America—I know in this budget, at least three come to education. Unfortunately, today we you know, Mr. President, because you mind. No. 1 is the middle class is de- only spend about 17 percent of the cost and I are working on an issue to ad- clining, No. 2 is our children are suf- of special ed. I know in Vermont—I do dress this—is increasing. Food pantries fering, and No. 3 is that we have, not know about Ohio, but I can tell you are running out of food. That should among other things, a major infra- that in Vermont, in school district not be taking place in this country. So structural crisis in this country. after school district, property taxes are what we do is add $3.5 billion more to It is my view that we need a budget going up. And one of the reasons is the the Food Stamp Program. which will address some of those very high cost of special ed. You are In my State of Vermont, it gets pret- issues. I am very proud I will soon be seeing more and more kids coming into ty cold. That is true in many other introducing an amendment which is the system who have special ed needs. States. Meanwhile, the price of home Educating those kids is very expen- being cosponsored by Senators CLIN- heating oil is soaring. You have many sive. The Federal Government has not TON, DURBIN, KENNEDY, HARKIN, SCHU- people who are having a difficult time kept its promise in adequately funding MER, MIKULSKI, and BROWN. paying their heating bills. This amend- This amendment is a pretty simple special ed. So it is the local property tax payers who have to pick up the ment would increase the very success- one. It puts the needs of our children, ful Low-Income Home Energy Assist- it puts the needs of our working fami- cost. By putting $10 billion more into special ed, not only can we help people ance Program, often called LIHEAP, by lies and people with disabilities and $4 billion. senior citizens ahead of the wealthy stabilize their property taxes, but we can pay more attention to the kids The bottom line is nobody in Amer- few. ica should go cold in the winter. At a time when our Presidential can- with special ed needs. And both of those goals, to my mind, are goals that Furthermore, this amendment would didates in both parties are talking provide $3 billion for school construc- about change, change, and change, at a we should strive for. This amendment would also increase tion. There are kids who are going to time when the American people over- Head Start funding by $5 billion over schools that are outmoded. They are whelming understand that it is impera- the next 3 years. After adjusting for in- decrepit. They are not energy efficient. tive that we move this country in a dif- flation, Head Start has been cut by We can create a lot of good jobs. We ferent direction, this amendment can over 11 percent compared to fiscal year can improve the quality of education begin the process of change right here 2002. Meanwhile, less than half of all el- by building modern schools and up- in the Senate, and, in fact, change our igible children are enrolled in Head grading the schools that currently national priorities. Start, and only about 3 percent of eligi- exist. We put $3 billion into that. The choice the Senate will have in ble children are enrolled in Early Head Finally, at a time of record-breaking terms of this amendment is a pretty Start. This amendment would begin to deficits, this amendment would reduce simple one: Do we continue to give tax correct this situation. the deficit by $3 billion. breaks to the very wealthiest people in What Head Start is about is what its I am happy to inform my colleagues this country, people who have never title indicates. What we have known that this amendment has been en- had it so good, or do we invest in our for a very long time is the most impor- dorsed by over 50 groups, including the children, our working families, and tant intellectual and emotional years AFL–CIO, AFSCME, the National Edu- those people who are in need? of a human being’s life are their ear- cation Association, Children’s Defense What this would do is restore the top liest years. If kids are not exposed to Fund, the American Federation of income tax bracket to 39.6 percent for books and they are not exposed to Teachers, Easter Seals, the YWCA, the households earning more than $1 mil- ideas and they are not learning how to National Head Start Association, the lion per year. Those are the only people socialize and they do not have good SEIU, and the National Organization who would be affected. And we would emotional development, those kids are for Women. use that revenue to begin to address going to go off in a bad direction. And Let me quote from a letter I received some of the most urgent, unmet needs what Head Start was about, and what from all of these groups: of our children. We would address the Head Start has been successful about, The economic downturn is creating crisis issue of job creation; we would address is giving kids the opportunity so that for parents who work hard but struggle to af- the issue of deficit reduction. when they get into kindergarten and ford nutritious meals as food prices escalate; Now, 99.7 percent of Americans would first grade, those kids will then be in a to pay for energy for their homes and fuel for not be impacted by this tax change, position in which they can learn effec- their cars; to pay for child care so that they only the top three-tenths of 1 percent tively and can socialize well with their can work; and to assure that their young would see their income tax rates go peers. children receive the building blocks of a back to where they were during the Head Start works. The problem right solid education to prepare them for the fu- Clinton administration when few would ture. Programs that assist in meeting these now is that it is inadequately funded, needs have been cut significantly in recent deny that the economy was far strong- and millions of families simply cannot years, while tax breaks for millionaires have er than it currently is. get into this very good program. soared. Your amendment addresses these According to the Joint Tax Com- In addition to funding special edu- needs. . . .We are urging the Senate to adopt mittee, restoring the top income tax cation and Head Start, my amendment your fiscally responsible amendment to ad- brackets for people making more than would also provide a $4 billion increase dress the pressing needs of working families $1 million to what it was in 2000 would for the childcare development block while restoring greater progressivity to the increase revenue by about $32.5 billion grant. One of the issues that we very tax system. over the next 3 years, including $10.8 rarely discuss in the Senate but that The choice is clear. We can provide billion in 2009 alone. every working family with young chil- $32.5 billion in tax breaks to million- So here is the choice. We can con- dren knows is a major crisis in Amer- aires and billionaires who don’t need it tinue over a 3-year period to give $32.5 ica is the lack of availability of or we can begin to meet the unmet billion in tax breaks to the top three- childcare, affordable, quality childcare. needs of our children. That is what this

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1909 amendment is about. I look forward to DONALD COLE JOHN W. SHIPMAN JOHN L. FLYNN ROBERT A. SUGG the support of my colleagues, not just DAVID W. GARRISON DANIEL W. THOMPSON in passing this amendment but in be- LORN W. HEYNE WILLIAM K. THORNTON JOSEPH C. KENNEDY JONATHAN H. WADE ginning the process of moving this RACHEL H. LEFEBVRE DANIEL K. WATERMAN JOHN M. LOPARDI BARRY K. WELLS great country in a very different direc- DONALD T. MOLNAR tion. WILLIAM D. PARKER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID W. PFAFFENBICHLER TO THE GRADE INDICATED IN THE UNITED STATES AIR I yield the floor. PORTIA A. PRIOLEAU FORCE UNDER TITLE 10, U.S.C., SECTION 624: f ROBERT F. ROCCO To be lieutenant colonel JAIME L. ROSADO, JR. ADJOURNMENT UNTIL 9:30 A.M. JIMMY L. STERLING MARK E. ALLEN RICHARD N. TERRY TERESA H. BARNES TOMORROW TIMOTHY VALLADARES ROBERT F. BOOTH KIRSTEN F. WATKINS JEFFREY BRANSTETTER The PRESIDING OFFICER. Under JON C. WELCH ROBERT C. BURTON DAVID M. CUNNINGHAM the previous order, the Senate stands THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRETT W. DOWNEY TO THE GRADE INDICATED IN THE UNITED STATES AIR JEFFREY A. FERGUSON adjourned until 9:30 a.m., Wednesday, FORCE UNDER TITLE 10, U.S.C., SECTION 624: March 12, 2008. MICHAEL W. GOLDMAN To be major DARREN C. HUSKISSON Thereupon, the Senate, at 8:52 p.m., DIANA L. JOHNSON DAVID A. BARGATZE JOSHUA E. KASTENBERG adjourned until Wednesday, March 12, GWENDOLYN M. BEITZ MICHAEL A. LEWIS VICKI A. BELLEAU 2008, at 9:30 a.m. CHARLOTTE M. LIEGLPAUL JOHN W. BELLFLOWER, JR. TRACEY Y. MADSEN ROBERT E. BEYLER f BRYAN T. MARTIN MICHAEL R. BIBBO TODD E. MCDOWELL MICHAEL A. BURNAT NOMINATIONS MARTIN T. MITCHELL MECHEL A. CAMPBELL IRA PERKINS MICHAEL D. CARSON Executive nominations received by DEAN N. REINHARDT THOMAS P. CONDIE NATALIE D. RICHARDSON the Senate: GARRETT M. CONDON THOMAS A. ROGERS, JR. CHAD W. COWAN MISSISSIPPI RIVER COMMISSION DEREK S. SHERRILL TIMOTHY M. COX JOHN D. SMITH JEREMIAH P. CROWLEY WILLIAM CLIFFORD SMITH, OF LOUISIANA, TO BE A CYNTHIA B. STANLEY SUANNE M. CROWLEY MEMBER OF THE MISSISSIPPI RIVER COMMISSION FOR A ERIK A. TROFF JUSTIN R. DALTON TERM OF NINE YEARS. (REAPPOINTMENT) RACHEL E. VANLANDINGHAM DEANNA DALY REAR ADMIRAL JONATHAN W. BAILEY, NOAA, TO BE A REBECCA R. VERNON JOHN A. DANIELS MEMBER OF THE MISSISSIPPI RIVER COMMISSION. MATTHEW S. WARD JEREMY K. DAVIS BRYAN D. WATSON AFRICAN DEVELOPMENT BANK JOSEPH E. FOURNIER PATRICK J. WELLS COREY G. FULLMER MIMI ALEMAYEHOU, OF THE DISTRICT OF COLUMBIA, ERIC J. WERNER BRYON T. GLEISNER TO BE UNITED STATES DIRECTOR OF THE AFRICAN DE- LYNNE A. WHITTLER JEFFREY L. GREEN VELOPMENT BANK FOR A TERM OF FIVE YEARS, VICE CHARLES E. WIEDIE, JR. JARED L. GRIMMER CYNTHIA SHEPARD PERRY, TERM EXPIRED. TROY D. HAMMON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE JUDICIARY JOHN C. HARWOOD TO THE GRADE INDICATED IN THE UNITED STATES AIR TROY S. HEAVENER FORCE UNDER TITLE 10, U.S.C., SECTION 624: KIYO A. MATSUMOTO, OF NEW YORK, TO BE UNITED CHRISTINA M. JIMENEZ STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT ERIC M. JOHNSON To be lieutenant colonel OF NEW YORK, VICE EDWARD R. KORMAN, RETIRED. MICHELLE M. KASPEREKSAID KERRY M. ABBOTT CATHY SEIBEL, OF NEW YORK, TO BE UNITED STATES CYNTHIA T. KEARLEY WALTER W. BEAN DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW CHRISTY J. KISNER KEVIN W. CODY YORK, VICE RICHARD CONWAY CASEY, DECEASED. LAURA L. LAMPMAN KENNETH G. CROOKS STEVEN G. LOERTSCHER IN THE ARMY KELVIN G. GARDNER JEFFERSON E. MCBRIDE MICHAEL W. HUSFELT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL D. MCCOY RANDALL E. KITCHENS IN THE UNITED STATES ARMY TO THE GRADE INDICATED ROGER A. MCILLECE KEITH D. MUSCHINSKE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ERIC P. MERRIAM RICHARD P. NOVOTNY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RYAN D. OAKLEY KENNETH A. REYES RICHARD S. OBRIEN To be lieutenant general SAMUEL T. RORER III ANTHONY D. ORTIZ JERRY E. SATHER LYN T. PATYSKIWHITE MAJ. GEN. MITCHELL H. STEVENSON DENNIS A. SAUCIER KRISTINA D. PENTA JAMES D. TIMS IN THE NAVY TRINH W. PETERSON TIMOTHY T. ULLMANN DERIC W. PRESCOTT RICHARD M. WARNER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ELIZABETH D. PULLIN CARL W. WRIGHT IN THE UNITED STATES NAVY RESERVE TO THE GRADE BRYAN O. RAMOS WILLIAM F. ZIEGLER III INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: THEODORE T. RICHARD To be rear admiral (lower half) ASHLEY K. RICHARDS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CLAYTON D. RICHTER TO THE GRADE INDICATED IN THE UNITED STATES AIR CAPT. SCOTT A. WEIKERT JASON S. ROBERTSON FORCE UNDER TITLE 10, U.S.C., SECTION 624: ELLIOT R. SELLE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TODD I. SHUGART To be lieutenant colonel IN THE UNITED STATES NAVY RESERVE TO THE GRADE JEANETTE E. SKOW RICHARD T. BROYER INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: STEVEN J. SMART MELANIE C. CARINO To be rear admiral (lower half) MICHAEL R. SUBERLY MELISSA L. CHECOTAH SHAWN C. TABOR JASON D. EITUTIS CAPT. BRUCE A. DOLL LAUREN M. TORCZYNSKI PATRICIA D. FOWLER DAVID M. TUCKER SABINA C. GARRETT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES D. VOLTZ JOHN F. GINNITY, JR. IN THE UNITED STATES NAVY RESERVE TO THE GRADE PATRICIA S. WIEGMANLENZ KEITH A. HIGLEY INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: RICHARD A. WILLIAMS MICHAEL R. HOLMES To be rear admiral (lower half) MATTHEW D. WINFREY RANDALL C. LAMBERT LANCE J. WOOD PATRICK A. MARTINEZ CAPT. STEVEN M. TALSON AARON E. WOODWARD MARK R. MEERSMAN JOSELITO C. MENESES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SEAN P. MURPHY IN THE UNITED STATES NAVY RESERVE TO THE GRADE TO THE GRADE INDICATED IN THE UNITED STATES AIR ROBERT M. PAZ INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: FORCE UNDER TITLE 10, U.S.C., SECTION 624: KATHY PFLANZ To be rear admiral (lower half) To be major RICHARD K. SMITH SCOT S. SPANN CHRISTIAN L. BISCOTTI CAPT. MARK J. BELTON MARVIN W. TODD RICHARD B. BLACK CAPT. NICHOLAS T. KALATHAS ANDREA C. VINYARD KIM L. BOWEN THOMAS E. WILLIFORD MICHAEL R. CURTIS IN THE AIR FORCE BRYAN E. WOOLLEY STEVEN T. DABBS BRIAN K. WYRICK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY D. GRANGER TO THE GRADE INDICATED IN THE UNITED STATES AIR JAMES A. HAMEL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FORCE UNDER TITLE 10, U.S.C., SECTION 624: RANDALL W. JAMIESON TO THE GRADE INDICATED IN THE UNITED STATES AIR To be colonel SCOTT A. JOBE FORCE UNDER TITLE 10, U.S.C., SECTION 624: DWAYNE A. JONES To be lieutenant colonel LONNIE B. BARKER DAVID W. KELLEY GERALD S. HENRY MARTIN L. KING JOHN T. AALBORG, JR. HARRY P. MATHIS III ALAN G. MADERA DAVID W. ABBA SCOTT A. OFSDAHL BRIAN E. MCCORMACK SHANE L. ABRAHAMSON JERRY P. PITTS ANDREW G. MCINTOSH TERRENCE A. ADAMS MICHAEL D. MYERS LANCE K. ADKINS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL S. NEWTON TIMOTHY W. ALBRECHT TO THE GRADE INDICATED IN THE UNITED STATES AIR ARTHUR T. PAINE MARSHA L. ALEEM FORCE UNDER TITLE 10, U.S.C., SECTION 624: JAMES L. PARRISH KRISTAL L. ALFONSO To be colonel JASON E. PETERS PAUL A. ALFONSO, JR. JAMES F. RICHEY ROBERT E. ALLARD SUSAN S. BAKER TIMOTHY S. ROSENTHAL GREGORY S. ALLEN

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00085 Fmt 4624 Sfmt 9801 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1910 CONGRESSIONAL RECORD — SENATE March 11, 2008

DAVID W. ALLGOOD WILLIAM T. CALDWELL ERIC C. DUNCAN LUCIANO H. AMUTAN ROBERT S. CALLIHAN DAVID B. DUNN, JR. STACEY L. ANASON RENEE N. CAMPBELL JOSEPH B. DUNN BRET D. ANDERSON SCOTT C. CAMPBELL ELVEN E. DUVALL IV CAROL D. ANDERSON MANUEL M. CANINO JEFFREY W. DYBALL GREGORY J. ANDERSON SEAN J. CANTRELL AARON B. DYKE JASON ANDERSON LARRY D. CARD II KENDRA A. EAGAN MARK C. ANDERSON KEVIN P. CARLSON PATRICK S. EBERLE RESTI Z. ANDIN ROBERT W. CARNEAL IV CHRISTOPHER D. ECHOLS THOMAS P. ANGELO TRENT R. CARPENTER JASON S. EDELBLUTE RONJON ANNABALLI DOUGLAS T. CARROLL KENNETH S. EDGE BRIAN S. ARMSTRONG MARCUS D. CARTER CHRISTOPHER K. EDWARDS SERENA A. ARMSTRONG JOHN J. CASEY IV JOHN R. EDWARDS BRIDGETT S. ARNOLD KENNETH W. CHALOUX NATHAN J. ELLIOTT SAM ARWOOD STEPHEN P. CHAMBAL DAVID G. ELLISON WILLIAM B. ASHWORTH RHETT D. CHAMPAGNE ERIC G. ELLMYER MATTHEW D. ATKINS CAMILLE Y. CHANDLER JULIANNE E. EMMOLO JAMES B. AUSTIN DAN J. CHANDLER TROY L. ENDICOTT JOHN C. AYRES IV JENNIFER V. CHANDLER MICHAEL T. ERDMANN ROY C. BACOT ERIC D. CHAPITAL JOHN O. ERICKSON EWING M. BAILEY BRIAN K. CHAPPELL OSCAR E. ESPINOZA TIMOTHY D. BAILEY MICHAEL A. CHARECKY TIMM N. ESTENSON GREGORY C. BAINUM RAVI I. CHAUDHARY LARRY A. ESTES DONALD E. BAKER III JULIAN C. CHEATER PAUL G. ETTINGER JARVIS R. BAKER DANE J. CHRISTENSEN DUSTIN S. EVANCHO VALERIE K. BAKER GLEN E. CHRISTENSEN TERRY L. EVANS II KENNETH E. BALKCUM TERRY L. CHRISTIANSEN LORI R. EVERITT JAMES G. BANDS V MARK D. CINNAMON CHARLES A. EVITTS RAYMOND M. BARBEN GEORGE T. CLARK ROBERT D. FASS ZACHERY C. BARBER ADRIAN N. CLARKE RODNEY L. FAUTH, JR. ROBERT S. BARKER JOHN C. CLAXTON ERIC J. FELT THOMAS E. BARNETT STACY M. CLEMENTS DANIEL E. FERRIS MARK A. BARRERA DONALD W. CLOUD PETER M. FESLER SHANE A. BARRETT GERALD M. CLOUSE RONALD J. FEY, JR. KEVIN J. BASIK FRANCIS A. CLOUTIER IV THOMAS D. FICKLIN CURTIS R. BASS PATRICK CLOWNEY KIRT E. FIESBECK BRADLEY S. BAUGH SCOTT S. COBURN RICHARD H. FILLMAN, JR. BRIAN M. BAUMANN ALICE A. COFFMAN WILLIAM D. FISCHER MICHAEL J. BEACH DALE L. COFFMAN MATTHEW D. FISHER W. B. BEAUMONT BRANNEN C. COHEE DEAN A. FITZGERALD BARRY N. BEHNKEN JERAME COHEN MICHAEL J. FLATTEN WILLIAM D. BELEI DAVID A. COLANGELO JOSEPH E. FLETCHER BRENT D. BELL OMAR S. COLBERT LARRY A. FLOYD, JR. WILLIAM S. BELL RICHARD O. COLE THOMAS E. FOCARETO KENNETH J. BELMEAR MICHAEL W. COLLIER ROBERT T. FOLSOM MATTHEW P. BENIVEGNA JOHN W. COLLINS WILLIAM A. FOSTER CHRISTOPHER L. BENNETT JOSEPH A. COLLINS MICHAEL W. FOWLER EARL R. BENNETT, JR. ROY W. COLLINS SETH C. FRANK JORGE E. BENNETT JACK B. COLQUITT, JR. STEPHEN P. FRANK TIMOTHY M. BENNETT MICHAEL W. CONNOLLY PHILLIP V. FRANKLIN SHERI G. BENNINGTON PAMELA A. COOK TIMOTHY P. FRANZ DAVID M. BENSON RICHARD T. COONEY, JR. LORINDA A. FREDERICK JOSEPH T. BENSON JEFFREY T. COOPER RYAN J. FREDERICK TODD D. BERGE ROBERT B. COPES ROBERT C. FREDERIKSEN CHRISTOPHER J. BERGSTOL SCOTT M. CORBITT PAMELA M. FREELAND TODD M. BERRIER CHRISTOPHER L. CORLEY KYLE J. FREUNDL JON F. BERRY THOMAS J. CORMICAN MATTHEW T. FRITZ CAROL A. BEVERLY HEIDI E. CORNELL DAVID W. FUJIMOTO MICHAEL D. BIORN GUY C. COTE JOSEPH M. FULTON WENDY S. BIRCH KONRAD S. COTE JOHN T. GABRIEL BRADLEY C. BIRD RONALD A. COUTU, JR. CHARLES S. GALBREATH BYRON K. BIROTTE VERONICA CRUZ COWHER JARRARD A. GALBREATH ARNO J. BISCHOFF TIMOTHY J. COX ROBIN GALLANT DAVID M. BISSONNETTE CAVAN K. CRADDOCK HEATHER L. GALLUP JEFFREY A. BLACKMAN DEREK M. CRINER DANIEL S. GANOZA, JR. STEVEN R. BLAIR EUGENE M. CROFT CHARLES M. GAONA JONATHAN N. BLAND EDWARD R. CULBRETH ELVERT L. GARDNER RAYMOND W. BLANEY FRED R. CUNNINGHAM RUSSELL S. GARNER DEBORA L. BLOOD LEE E. CUROE DANIEL J. GAROUTTE JASON J. BOCK JAMES M. CURRY LAURA K. GARRETT HARLIE J. BODINE DAVID A. CUTTER TODD A. GARRETT KARL B. BOEHLE JOHN W. DABERKOW JOEL W. GARTNER JEREMY S. BOENISCH CARLOS A. DALMAU MICHAEL L. GAUTHIER BRIAN J. BOHENEK ROBERT A. DAM PAUL F. GEEHRENG CHRISTOPHER A. BOHN KIMBERLY A. DAMALAS THOMAS A. GEISER JUSTIN W. BOLDENOW JAMES P. DAMATO CHERYL M. GERHARDSTEIN CHARLES D. BOLTON BRIAN K. DANIELS CAROL H. GERING JOHN S. BOMMER, JR. MARC A. DAUTEUIL GEORGE E. GERMAN PETER M. BONETTI CHARLES E. DAVIS KEITH H. GERMAN THOMAS A. BONGIOVI CHRISTOPHER M. DAVIS DARIN A. GIBBS DARIN G. BOOTH DAWN M. DAVIS RICHARD W. GIBBS UNES A. BOOTH LELAND A. DAVIS BRIAN W. GIENAPP SEAN L. BORROR MARK J. DAVIS TROY A. GIESE MICHAEL BORYS SCOTT W. DAVIS KEVIN W. GILBERT RANDY L. BOSWELL WILLIAM A. DAVIS MICHAEL L. GILCHRIST, JR. JOSEPH G. BOUCHARD, JR. ANDREW R. DEAN TIMOTHY W. GILLASPIE THOMAS G. BOUSHELL JEFFREY L. DEANS TIMOTHY T. GILLESPIE WILLIAM D. BOWMAN JAMES R. DEHAAN BRADFORD W. GILLETTE TREVOR J. BOYKO CHRISTOPHER J. DEJESUS GREGORY M. GILLINGER BENJAMIN L. BRADLEY JOE A. DELCAMPO DOUGLAS W. GILPIN SHAWN P. BRADY MARK D. DELVECCHIO DAVID J. GINGERICH RICHARD D. BRANAM JAMES L. DENTON DANIEL E. GISSELQUIST JOSEPH D. BRANDS CHRISTOPHER S. DESALLE AARON W. GITTNER SUZANNE E. BRAUNSCHNEIDER CHRISTOPHER S. DESLONGCHAMP GERARD G. GLECKEL, JR. BRADLEY E. BRIDGES JOHN M. DESTAZIO JEFFRY W. GLENN JOHN T. BRINER JOHN R. DEYONKE RICHARD GLENN TAB A. BRINKMAN STAN S. DIAMANTI MATTHEW R. GLOVER JEFFERY L. BROOKS JEFFREY R. DIBIASI SIDNEY W. GOEHRING KEVIN D. BROOKS MARK DICARLO KATHY K. GOFORTH STEPHEN R. BROOKS BARRY A. DICKEY JOHN M. GONDOL PATRICK A. BROWN CLAY W. DICKINSON RICHARD S. GOODLETT PAUL M. BROWN SCOTT A. DICKSON RICHARD E. GOODMAN II WILLIAM W. BROWNE III GEORGE T. DIETRICH III RALPH A. GORDON ERIK J. BRUCE ROBERT A. DIETRICK STEPHEN T. GRACE EMILLE M. BRYANT JAMES R. DISHAW LASHEECO B. GRAHAM WILLIAM D. BRYANT KEVIN L. DOLATA TREIA M. GRAHAM KEITH E. BRYZA ORLANDO J. DONA, JR. VANESSA M. GRANT KEVIN L. BUDDELMEYER FRANCES K. DORISH WALTER D. GRAVES DARWINA S. BUGARIN DOUGLAS E. DOWNEY MICHAEL R. GREEN AARON D. BURGSTEIN ROBERT O. DOWNS NATHAN C. GREEN KAREN M. BURKE TIMOTHY E. DREIFKE MATT E. GREENE BRIAN D. BURNS LYLE K. DREW ANDY J. GREENFIELD JEFFREY B. BURRELL SHANNON N. DRISCOLL BARON V. GREENHOUSE JASON P. BUSH SHANE C. DUCOMMUN BRYAN D. GREENSTEIN LEE A. BYERLE JOHN F. DUDA, JR. DAVIS F. GREENWOOD ROBERT R. CADWALLADER II DANIEL J. DUFFY MICHAEL S. GREMILLION SCOTT A. CAIN ROBERT L. DUFOUR JAMES S. GRIFFIN

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00086 Fmt 4624 Sfmt 9801 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1911

TYRONE L. GROH ERICK A. JORDAN DAVID C. MERRITT BRENT A. GROMETER WISTARIA J. JOSEPH KENNETH R. MERSHON JULIE A. GRUNDAHL KELLY S. JOST BRENT J. MESQUIT GARY K. GUALANO SEAN M. JUDGE ADAM J. MEYERS TY D. HACHTEL CURTIS G. JUELL JASON P. MEYERS MELANIE A. HADDOCK JON T. JULIAN BRICE W. MIDDLETON TODD B. HALE WILLIAM H. KALE JOHN V. MIHALY DARREN L. HALL JOHN M. KANUCH KYLE D. MIKOS JAMES K. HALL KEITH J. KEANA CORY D. MILLER LOUIS J. HALLENBECK JAMES R. KEEN DARREN J. MILLER JONATHAN T. HAMILL BRENT E. KEENAN LYNDON B. MILLINER DOUGLAS A. HAMLIN GREGORY S. KEETON RICHARD J. MILLS LONNIE P. HAMMACK PETER J. KELLEY RICKY L. MILLS VICTOR A. HAMMOCK BRIAN W. KELLY MATTHEW J. MIRELES MICHAEL T. HAMMOND EARL J. KELLY DERON L. MIRRO LARRY N. HANCOCK ROBERT D. KELLY KEITH D. MISHAW ANDREW P. HANSEN MICHAEL E. KENSICK ROBERT H. MITCHELL, JR. GEORGE B. HANSSON III AARON G. KERKMAN CLINTON A. MIXON CRAIG A. HARDING HAIDER A. KHAN DAVID K. MOELLER MICHAEL D. HARM MATTHEW A. KILGORE PAUL D. MOGA JON M. HARRINGTON JONATHAN H. KIM DAVID M. MOHON CHRISTOPHER HARRIS JASON W. KIMBEL DENNIS B. MONINGHOFF SEAN Q. HARRIS THOMAS C. KIRKHAM ROBERT J. MONTES TIMOTHY J. HARRIS DAVID D. KITCHEN BRANDON D. MONTLER KELLY L. HARSHBARGER BRANDON W. KNAPP LAVA P. MOORE TROY R. HARTING ERIC V. KNIGHT TYLER K. MOORE WILLIAM A. HASTINGS CHRISTIAN J. KNUTSON GEORGE Y. MORACZEWSKI BRADY P. HAUBOLDT ERIC C. KOE DAVID J. MORGAN DAVID P. HAWORTH FRED C. KOEGLER III DEWITT MORGAN III MICHAEL S. HAYES KYLE E. KONCAK JOSEPH E. MORITZ SCOTT E. HAYFORD GREGG A. KOPECK COLIN R. MORRIS TERRENCE G. HEDLEY MICHAEL R. KOSTER WILLIAM B. MORRISON STEVEN R. HEFFINGTON MARK A. KRABY ERIC R. MORROW AHREN D. HEIDT MICHAEL W. KRAM KENNETH H. MORSE II JOSEPH W. HEILHECKER BRIAN C. KRAVITZ ROBERT J. MORSE SHARON G. HEILMANN GREGORY KREUDER TIMOTHY J. MOSER BRIAN K. HELLINGER JENNIFER J. KRISCHER ERIC B. MOSES ALLEN R. HENDERSON, JR. BENJAMIN R. KROOP KEITH E. MUELLER TIMOTHY HENDERSON JOHN M. KRYSTYNIAK PATRICK M. MULLEN PHILLIP L. HENDRIX II ANDREA J. LA FORCE BRUCE E. MUNGER MARK D. HENRY MATTHEW W. LACY CHARLES Y. MURNIEKS BRENT A. HEPNER AARON A. LADE PATRICK S. MURPHY THOMAS L. HERMEL ANDREW J. LAFFELY PAUL E. MURPHY III JAMES L. HERRICK ERIK J. LAGERQUIST SEAN D. MURPHY BRUCE P. HESELTINE, JR. TREVOR I. LAINE JEFFREY A. MYER TIMOTHY S. HESS GERARD M. LAMBE HENRY MYERS, JR. KAREN J. HIBBARD DAVID R. LANDRY NATHAN E. MYERS PAUL A. HIBBARD THEODORE T. LANE III ROBERT J. MYHRE JUSTIN L. HICKMAN STEVEN E. LANG JAMES M. NARDO KEVIN D. HICKMAN KEVIN J. LAROCHELLE NEIL L. NEADERHISER HAROLD C. HICKS II CHRISTOPHER J. LARSON JEFFREY M. NEDROW PHILIP C. HICKS MARK S. LAUDENSLAGER PAUL E. NEIDHARDT LESLIE E. HIGER CHRISTOPHER J. LAVALLEE FRANCINE N. NELSON MATTHEW W. HIGER CHARLES J. LAW LEE R. NELSON DAVID L. HIGGINBOTHAM JAMES L. LAWRENCE II MICHAEL G. NELSON BRANDON R. HILEMAN DAVID M. LEARNED DONALD K. NESBITT GINA L. HILGER DAVID M. LEAZER II RICHARD K. NEUFANG LANCE E. HILL DEREK C. LEIVESTAD RAYFORD D. NICHOLS WILLIAM R. HILL II JOSEPH R. LEMAY RYAN B. NICHOLS MICHAEL C. HINDLEY DAVID M. LENDERMAN ANDREW M. NICKLAS JAMES S. HINDS MICHAEL J. LEPAGE GEOFFREY C. NIEBOER NATHAN S. HOBBS ERIC L. LESHINSKY DEWAYNE A. NIKKILA ALLAN M. HODGE MICHAEL W. LEWIS SCOTT M. NISHWITZ STEPHEN L. HODGE TIMOTHY R. LEWIS DAYTON O. NOONER III JUSTIN R. HOFFMAN LOUIS E. LILLEY KENNETH E. NORMAN TODD C. HOGAN MARTIN F. LINDSEY CHRISTOPHER A. NORTHROP TODD A. HOHN BRIAN K. LIVERGOOD JERRY L. NORWOOD KELLY R. HOLBERT JOSEPH W. LOCKE MICHAEL C. NOVY TRAE D. HOLCOMB WILLIAM D. LOCKHART IV ERIC D. OBERGFELL MICHAL D. HOLLIDAY CHRISTOPHER S. LOHR SHANNON E. OBOYLE CRAIG M. HOLLIS ANTHONY J. LOMELIN MICHAEL M. OCONNOR JEFFREY D. HOLT JAMES E. LONG PAUL D. ODOM DAVID A. HOLZ MICHAEL D. LOVE JOHN C. ODUM DAVID W. HONCHUL STEVEN R. LUCZYNSKI STEPHEN R. ODUM CHRISTOPHER M. HORGAN JOEL J. LUKER MARTIN J. OGRADY STEVEN P. HORTON ROBERT W. LUNDY CHARLES G. OHLIGER EDWARD J. HOSPODAR, JR. MARK J. LYNCH PAUL A. OLAH CHAUNCEY J. HOUSTON ANDREW C. MAAS JAMES A. OLDENBURG ERIC P. HOVERSTEN CHRISTOPHER V. MADDOX PAUL M. OLDHAM JOHN O. HOWARD MARCHAL B. MAGEE MICHAEL K. OLSEN MICHAEL B. HOWARD DANIEL J. MAGIDSON JULIE M. OLSON JAMES J. HOWELL MICHAEL P. MAHAR PETER A. OLSON HEINZ H. HUESTER BENJAMIN R. MAITRE RANDY W. OLSON JERRY A. HUFFMAN, JR. SHAWN W. MANN LEE M. OLYNIEC BART M. HUGHES KELLEY M. MARCELL MONTINI B. ONEAL CHRISTOPHER R. HUISMAN RYAN T. MARSHALL DANIEL J. OOSTERHOUS MICHAEL C. HULIN MATTEO G. MARTEMUCCI LARRY D. OPPERMAN, JR. TYSON W. HUMMEL JAMES A. MARTIN LANCE M. ORR FREDERICK J. HUMPHREY III TIM D. MARTIN MICHAEL P. OTOOLE BERNARD P. HUND EDUARDO Z. MARTINEZ JOSEPH PAGUILIGAN BRITT K. HURST MARC A. MARTINEZ SEUNG U. PAIK CARL D. HUTCHERSON SHANNON Y. MARTINGALBERT THOMAS B. PALENSKE GREGORY E. HUTSON MICHAEL N. MATHES GUILLERMO A. PALOS JOSEPH H. IMWALLE TREVOR K. MATSUO MICHAEL J. PAQUETTE CURTIS B. ISZARD MICHAEL L. MATTHEWS DAVID B. PARLOTZ GRANT L. IZZI ROMAN F. MATTIOLI CHRISTOPHER R. PARRISH ERIC J. JACHIMOWICZ GREGORY S. MAZUL RICHARD J. PARROTTE ROBERT W. JACKSON JEFFREY M. MCBRIDE KEVIN R. PARTRIDGE PETER D. JACOB TESS M. MCCANN JOSEPH C. PATRICK ROBERT A. JAKCSY DOUGLAS E. MCCLAIN BRENDAN P. PATTON DAVID E. JAMES MICHAEL E. MCCLUNG ANDREA M. PAUL TODD N. JAMES CRAIG D. MCCUIN HEIDI A. PAULSON WALTER A. JAMES BRADLEY W. MCDONALD THOMAS C. PAULY CLIFTON G. JANNEY MARK V. MCDONALD STEVEN G. B. PAXTON STEVEN J. JANTZ PATRICK S. MCDONALD KENT L. PAYNE JENNIFER K. JENKINS PETER P. MCDONOUGH BRENT A. PEACOCK CHRISTOPHER E. JENSEN DONALD K. MCFATRIDGE BRANDON H. PEARCE MICHAEL R. JESSON HEATHER L. MCGEE DWIGHT W. PERTUIT, JR. JAMES D. JETER DANIEL B. MCGIBNEY JOHN S. PESAPANE ROBERT S. JOBE PATRICK E. MCGLADE EDWARD H. PETERSON MATTHEW G. JOGANICH CATHERINE E. MCGOWAN JENIFER J. PETRINA RICK T. JOHNS STEPHEN L. MCILNAY ROBERT P. PETTY CHRISTOPHER A. JOHNSON KELLY L. MCJOYNT STEPHEN C. PETZOLD VANESSA S. JOHNSON TIMOTHY M. MCKENZIE ROBERT S. PFOST RICHARD W. JONES II JAMES D. MCMILLAN WILL H. PHILLIPS III ROBERT D. JONES JOHN E. MEIER MATTHEW E. PICKLE ROY A. JONES III KERRI T. MELLOR AARON F. PIEPKORN

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00087 Fmt 4624 Sfmt 9801 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1912 CONGRESSIONAL RECORD — SENATE March 11, 2008

DONNA L. PILSON VINCENT J. SIERRA JEFFREY W. VOETBERG DANIEL L. PINKAVA JAMES R. SIEVERS KEVIN P. VOGT BRIAN S. PITCHER EDUARDO J. SILVA CHARLES W. WAHL HENRY S. PITTS MITCHELL E. SIMMONS JAMES K. WAKEFIELD IV JASON L. PLOURDE RODNEY L. SIMPSON JOHN C. WALKER ALAIN D. POISSON THOMAS G. SINGLE RANDAL D. WALKER JAMES W. POLANOSKY, JR. DOUGLAS S. SIRK SCOTT T. WALLACE PETER M. POLLOCK WILLIAM E. SITZABEE RICHARD S. WARD PATRICK D. POPE PATRICH M. SKENDZIEL DOUGLAS W. WARNOCK, JR. KENDALL D. POTTER JONAS S. SKINNER RANDALL E. WARRING JEFFREY A. POWELL MARK B. SKOUSON ERIC W. WATERS RAYMOND M. POWELL DWAIN A. SLAUGHTER DANIEL J. WATOLA JASON R. PREISSER JOSEPH P. SLAVICK EDWARD D. WATSON STEPHEN S. PRESTON BILLIE A. SMITH, JR. DAVID A. WEAS TYLER T. PREVETT BRIAN M. SMITH JAMES F. WEAVER ANDREW W. PROUD KEVIN B. SMITH RICHARD H. WEAVER BRETT M. PROVINSKY SHANE A. SMITH ROBERT V. WEAVER III WILLIAM N. PRYOR, JR. STACEY L. SMITH SCOTT J. WEBER JARRETT G. PURDUE THOMAS S. SMITH JOHN A. WEBSTER STEPHEN G. PURDY, JR. MICHAEL G. SNELL PATRICK N. WEEKS CHARLENE V. PURTEE SCOTT E. SOLOMON DAVID WEISSMILLER VICTOR B. PUTZ, JR. DAREN S. SORENSON TED E. WELCH BRADLEY L. PYBURN ERIC J. SOTO TIMOTHY G. WELDE BRYNT L. QUERY JAMES S. SPARROW GRANT T. WELLER ROBERT R. RAMOS LEE A. SPECHLER DYLAN T. WELLS CRAIG M. RAMSEY JOSEPH B. SPEED RICHARD E. WELLS AARON C. RAREY BENJAMIN W. SPENCER KEVIN M. WENKS MARK E. REED RUTH C. SPENCER ANDREW J. WERNER ROBERT D. REED STANLEY A. SPRINGER CHARLES E. WESTBROOK III MARK J. REENTS TODD A. SRIVER MATTHEW J. WHIAT GRANTINO T. REID DAVID R. STONGE EUGENE F. WHITE JEFFREY D. REIMAN PETER J. STAPLETON TODD L. WIESER JENNIFER L. REISS CEDRIC D. STARK TODD E. WIEST TRAVIS D. REX DANIEL L. STEELE JOHN B. WILBOURNE JAMES F. REYNOLDS TRAVIS A. STEEN PETER R. WILKIE LANCE B. REYNOLDS EUGENE E. STEIN DAVID M. WILLCOX JAMES T. RICH CHARLES W. STEVENS JAMES D. WILLIAMS WAYLON S. RICHARDS JAY L. STEWART KEVIN S. WILLIAMS DERRICK B. RICHARDSON MELANIE J. STEWART MICHAEL S. RICHARDSON GARY W. STILES MICHAEL R. WILLIAMS ROBERT C. RICKS KILEY F. STINSON JAMES C. WILLIAMSON BRADY M. RIES MICHAEL S. STOHLER JOSEPH C. WILLOUGHBY AARON M. RIGDON CHRISTOPHER D. STOIK CHRISTOPHER W. WILSON WILLIAM L. RIGGLE JON D. STRIZZI GEORGE S. WILSON EDISON A. RIGGLEMAN, JR. SHELLEY R. STRONG JACQUE J. WILSON MICHAEL B. RILEY AMIE C. STRYKER EMMETT L. WINGFIELD III CHARLES F. RINKEVICH, JR. DIANA L. STUART JASON M. WINSLOW SEAN K. RIVERA EARL D. STULLER ANDREW K. WOLCOTT CHRISTOPHER J. ROBERTS PAUL W. STURGES TIMOTHY W. WOLF GREGORY A. ROBERTS JAMES M. SUHR CYRIL T. WOLFF TROY A. ROBERTS JAMES A. SUKENIK DENNIS J. WOLSTENHOLME MATTHEW D. ROBINSON PATRICK G. SULLIVAN BRYAN M. WOOD SCOTT A. ROBINSON RICHARD J. SUMNER GREGORY E. WOOD THOMAS R. ROCK, JR. MICHAEL D. SUNDSTED PAMELA L. WOOLLEY STEPHEN C. RODRIGUEZ MICHAEL R. SUTHERLAND CARL D. WOOTEN GLENN D. ROETTGER KEVIN L. SUTTON DAVID F. WRIGHT CHARLES M. ROGERS JONATHAN J. SWALL THOMAS W. WRIGHT HENRY T. ROGERS III MICHAEL T. SWART TODD E. WRIGHT KAREN L. ROLIRAD JOCELYN R. SWAYZE MICHAEL A. WULFESTIEG MATTHEW J. ROLLER DENISE L. SWEENEY MATTHEW L. WURST JAMES S. ROMASZ TIMOTHY J. SWEENEY CHRISTOPHER A. WYCKOFF JENNIFFER F. ROMERO MICHAEL A. SWEETLAND DEREK R. WYLER JOSE M. ROODETTES ERIC D. SWENSON ALBERT K. YATES MICHAEL S. ROSE JOHN D. SWIFT ROBERT B. YBARRA MARI D. ROSS DANIEL E. SZARKE JEFFREY L. YORK JONATHAN K. ROSSOW JONATHAN D. TAMBLYN AMY S. YOUNG CHAD L. RUBINO RAINIER TANGLAO CHARLES P. YOUNG SEAN P. RUCKER FRED H. TAYLOR RANDY J. YOVANOVICH MICHAEL W. RUE RUSSELL F. TEEHAN BRIAN F. ZANE RICHARD A. RUPANOVIC TIMOTHY M. TELEGA ANDREW J. ZEIGLER, JR. JEFFREY C. RUSSELL DAVID M. TENENBAUM DEBRA A. ZIDES ROBERT L. RUSSELL IV TIMOTHY T. TENNE MICHAEL A. ZROSTLIK NICHOLAS E. RUSSO ROBERT C. TESCHNER IN THE ARMY DAVID J. RUTH JAMES A. THEISS JAY A. SABIA KIRABETH THERRIEN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DARREN R. SABO JOHN R. THOMAS TO THE GRADE INDICATED IN THE RESERVE OF THE KURT M. SAFFER CHRISTOPHER M. THOMPSON ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JEFFREY B. SALTER JAMES E. THOMPSON To be colonel STEVEN D. SAMPSON MICHAEL E. THOMPSON MELISSA D. SANDBERG PATRICK W. THOMPSON MARIO AGUIRRE III RICHARD T. SANDERS STEVEN NEAL THORSEN PHILLIP C. ANDREWS DAVID J. SANFORD LORI A. THORSON LISA D. BAILEY ARNOLD T. SAUNDERS ROBERT T. TIBBETTS JOSEPH A. BARTASIUS JOHN W. SAWYER CHRISTOPHER F. TINGLEY DAVID J. BARTOO MICHAEL G. SAWYER CHARLES P. TOBIA RONALD A. BASSFORD JAMES R. SAYRES III RANDOLPH B. TORIS VICKI J. BAXTER KURT M. SCHENDZIELOS MARTIN J. TOWEY ALAN K. BOLTON STEPHEN C. SCHERZER OLIVER D. TOWNS, JR. GREGORY L. BONNER PATRICK L. SCHLICHENMEYER KEVIN J. TRAW ANDREA M. BREYTON KARL C. SCHLOER ALICE W. TREVINO SCOTT G. BROWN MICHAEL K. SCHNABEL JOHN A. TRINGALI JEFFREY B. BURBACH EDWARD J. SCHNEIDER CLORINDA TRUJILLO ALVIN W. BURGUESS JASON R. SCHOTT PAUL M. TRUJILLO MILTON S. BUSBY, JR. DAVID M. SCHRADER GEORGE H. TRUMAN III TEDDY J. BYRD JOHN H. SCHRIMPF TAMMY M. TRYCHON CLIFFORD L. CADLE ERIC A. SCHROEDER PHILLIP C. TUCKER GARY S. CARLSON TAMARA B. SCHWARTZ DEREK W. TUPPER JAMES P. CARROLL RONALD W. SCHWING JAMES E. TURNBULL WILLIAM A. CARROLL VINCENT J. SEI JASON M. TURNER DANIEL F. CHACHAKIS ANDREW J. SELLBERG JEREMEY D. TURNER ROBERT P. CHAPPELL, JR. JEFFREY A. SEMINARO REGINALD J. TURNER STEVEN C. CHIMCHIRIAN CHRISTOPHER G. SENKBEIL TRENT C. TUTHILL JOSEPH A. CHIRICO DOMINIC A. SETKA SEAN K. TYLER SHELLEY A. CHISHOLM ERIC K. SHAFA VOLODJA A. TYMOSCHENKO DANIEL J. CHRISTIAN ANDREW R. SHANAHAN KRISTIN S. UCHIMURA BRIAN M. CLARK RICHARD C. SHEFFE THOMAS J. VAIL ELLIOT E. COLEY THERESA L. SHEPPARD DANETTE D. VANDALEN TIMOTHY M. CONNOR MICHAEL T. SHEREDY KELLEY M. VANDERBILT JOHN P. CONSTABLE ROGER A. SHERMAN JOHN H. VANHUFFEL CHRISTOPHER CORKERY THOMAS P. SHERMAN MATTHEW J. VANPARYS CRAIG D. COTTER BETHANN SHICK JAMES B. VARITZ JOSEPH P. CREEKMORE, JR. ROBERT J. SHINDEL, JR. CURTIS E. VELASQUEZ ANNMARIE N. DALKIEWICZ MILDRED L. SHINGLER JEFFREY R. VENT DAVID J. DANIELS ANDREW S. SHOBE MICHAEL J. VETH LOUIS A. DELLORCO EDWARD T. SHOLTIS JANELLE K. VIERA JAN K. DEMARTINI MARK J. SHOVIAK KEVIN M. VIRTS CALVIN C. DEWITT LOUISE A. SHUMATE HENRY R. VOEGTLE JUAN A. DIAZ

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00088 Fmt 4624 Sfmt 9801 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — SENATE S1913

JAMES V. DICROCCO DANIEL H. THOMAS SHAWN A. KARVELIS MARK C. DITROLIO GEORGE R. THOMPSON RICHARD C. KNOWLTON WALTER D. DODD TRACY A. THOMPSON BRADLEY J. KOHN KEITH A. DONAHOE LAWRENCE F. THOMS MICHAEL A. KONZMAN DAVID A. DYKES TERRY G. TOLER DONALD Y. KWAN FRANK A. EARNEST MARK A. VALERI DAVID M. LAHM BRADLEY G. EATON MARC W. VANOENE RICHARD E. LAROSSA GRANT EDWARDS KENNETH J. VAUGHN WILLIAM E. LEFEVRE MARK R. ELLSON DONALD H. WEDEWER, JR. LORIS F. LEPRI NORMA J. ELY BRENTLY F. WHITE WILLIAM J. LIEDER CYNTHIA A. ERNST THOMAS M. WILLIAMS ALOYSIUS G. LINGG FRANK D. EUBANKS CHARLES J. WOGAN ROBERT P. LINNAN STEVEN T. EVEKER WHITNEY K. WOLF STEPHEN B. LONDON GREGORY S. FORD PAUL W. WOOD, JR. JERRY F. MADISON RICHARD T. FORREN WILLIAM A. WOODS ZACHARY E. MANER PHILIP C. FOSTER DAVID C. WYLIE TIMOTHY L. MANTZ DAVID F. FRANKENHAUSER HARRY O. YATES TARRY L. MARLAR GREGORY T. FROHBIETER PHILIP W. YOUNG ARNOLD R. MARQUART CHARLES E. FROST, JR. SCOTT B. ZIMA JERRY H. MARTIN TIMOTHY H. GARTH ANGELA E. MAXNER GREGORY C. GAWEDA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT B. MCCASTLAIN JOY A. GIBBON TO THE GRADE INDICATED IN THE RESERVE OF THE GREGORY T. MCDONALD DEBBIE L. GIBBS ARMY UNDER TITLE 10, U.S.C., SECTION 12203: LAURA J. MCKNIGHT PETER K. GOEBEL To be colonel JUDITH H. MCLAUGHLIN MICHAEL L. GOEDRICH DANIEL C. MCMILLEN DAVID H. GOERES BARRY L. ADAMS ROBERT E. MCMILLIN II MICHAEL R. GOETZ WILLIAM H. ADAMS RICHARD G. MILLER GREGORY GRIMES JOHN T. AKERS MATTHEW P. MITCHELL GLENDA B. GUILLORY FRED W. ALLEN DANIEL C. MOLIND JANICE M. HAIGLER GREGORY J. ALLEN LESLIE R. MONTGOMERY JOHN H. HANDY WALTER L. ALVARADO DAVID L. MURPHY ROBERT G. HARTLEY HENRY J. AMATO, JR. ROBERTA NIEDT MARK O. HARVEY JEANNE A. ARNOLD JOSEPH F. NOONAN ROBERT G. HASTE DALLEN S. ATACK RICHARD G. NORD STEVEN L. HEGGEN MICHAEL S. ATWELL TERRY J. OMMEN MARK J. HICKEY STEVEN E. BAPP CHARLIE C. OSBORNE, JR. MARTIN J. HICKEY PAUL D. BARBEE KARLAS OWENS CHARLES P. HINER JOE G. BARNARD, JR. THOMAS P. PALLADINO PETER J. HIRAI DON B. BEARD GREGG L. PARKS TED HODGSON JAMES P. BEGLEY III RALPH R. PECINA LAWRENCE E. HOWARD III MICHAEL R. BERRY CHRISTOPHER J. PETTY JOHN M. HUGHES WAYNE L. BLACK ROBERT L. PHILLIPS GREGORY S. IHLI LEO D. BLUNCK STANLEY W. POE CURTIS M. INMAN JOSEPH M. BONGIOVANNI DANE W. POWELL LEWIS G. IRWIN RICHARD J. BORKOWSKI DAVID M. POWELL RALPH A. JAMES GREGORY S. BOWEN JEFFREY S. RADKE SALVADOR JIMENEZ ROBERT A. BOYETTE GEORGE J. RAKERS PHILLIP S. JOLLY DAVID L. BOYLE MARK L. RATHBURN MELVIN JONES, JR. KENNETH C. BRADDOCK WILLIAM L. RATLIFF, JR. JOHN I. KAMINAR THOMAS R. BREWER JEFFERY S. REICHMAN PAUL J. KARWEIK DENNIS J. BUTTERS JOHN M. RHODES STEVEN D. KATZ MICHAEL A. CALHOUN ALBERT J. RICCI ROBERT A. KAY JAMES D. CAMPBELL ROBERT A. RIGSBY MICHAEL J. KELLER MIKE A. CANZONERI GREGORY W. ROBINETTE MICHAEL D. KENNEDY PERRY C. CHAPPELL, JR. GEORGE F. ROBINSON III ROBERT C. KERECZ KIT L. CLINE RODNEY S. ROBINSON THOMAS J. KIENLEN RICHARD D. COLE JOHN P. RUDIO KENNETH M. KIRKPATRICK MARTIN J. COMES MARCUS R. SANDERS RICHARD A. LAMB LORENZA COOPER BENJAMIN E. SARTAIN RAMON LLUVERAS TRIS T. COOPER JOHN L. SAUFLEY COLBERT K. LOW JOY L. CRAFT PAUL J. SAUSVILLE MICHAEL D. MANTEY JAMES D. CRAIG KENNETH S. SCHECHTER ROBERT M. MARCHI ROBERT J. CROW MICHAEL J. SCHLORHOLTZ SHAWN P. MARCOTTE, SR. JOHN F. CUDDY CHARLES M. SCHNEIDER GARY J. MARTEL SCOT H. CUTHBERTSON BENNETT E. SINGER COLLEEN M. MARTIN WILLIAM A. DENNY MICHAEL C. SLUSHER WILLIAM B. MASON WADE H. DESMOND DAVID O. SMITH CURTIS D. MATTISON JOHN P. DOLAN JEFFREY E. SMITHERMAN CATHERINE P. MEADOWS DARRYL J. DUCHARME JOHN F. SNEED GARY W. MILLER JOHN B. DUNLAP III JEFFREY M. SOELLNER RICHARD F. MONCZYNSKI ROBERT T. DUNTON PAUL O. SOMERSALL NICHOLAS A. MOORE MARK G. DYKES NANCY A. SOUZA KEITH A. MORRISON GRACE E. EDINBORO STEPHEN L. SOWELL MARTY W. NELSON GEORGE L. EDMONDS WILLIAM R. SPENGLER KEVIN S. NYKANEN CINDY A. ESKRIDGE JIMMY D. STRINGER LARRY S. OAKES GEORGE L. FISHER ROCH A. SWITLIK TODD OBRADOVICH MATTHEW J. FITZGERALD STEVEN A. TABOR DWIGHT D. ORTIZ WILLIAM D. FITZPATRICK, JR. KEITH Y. TAMASHIRO WILLIAM K. PAAPE JOHN R. FORTUNE, JR. RODNEY D. TANSILL ROBERT R. PADGETT CHRISTOPHER J. FOWLER PETER J. TETRICK JOHN S. PAJAK ARTHUR K. FRACKER TODD D. TOWNSEND ERIC J. PALM JOHN P. FRANK JOHN M. VALENTINE CATHERINE C. PATTERSON WILLIAM J. FREIDEL JAMES M. VARTANIAN ROBERT M. PELLETIER JOHN M. GALUSKY CLINT E. WALKER VICENTE PEREZ ROBERT B. GASTON TIMOTHY K. WALKER KELLY K. PETERS DAVID N. GERESKI DANIEL E. WEBER ROBERT A. PIAZZA NICHOLAS L. GODDARD JAMES B. WEBSTER, JR. RAY A. PLAGENS, JR. ALBERTO C. GONZALEZ MARK A. WEEKS BRUCE E. POLLARD HARRY GONZALEZ ALAN V. WILCOXSON WARNER B. PRESCOTT KEVIN M. GOUVEIA ALEX WILLIAMS SHERYL A. RAFFERTY KEVIN R. GRIESE GISELLE M. WILZ RAUL E. RAMIREZ, JR. PAUL J. GRUBE ROBERT A. WOODMANSEE SHAWN A. RASMUSSEN KENNETH S. GULLY ROY C. WORRALL ROBERT W. RAUCHLE BARBARA L. GUNNING JANE F. ZAK PAUL D. RAUH FRANCISCO GUZMAN TIMOTHY M. ZEGERS GORDON L. RAWLINSON MICHAEL W. HAERR SANDRA L. RAYNOR CHRISTOPHER J. HALL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICHARD A. REICHARDT DONALD N. HAM TO THE GRADE INDICATED IN THE RESERVE OF THE DANIEL E. REID LAWRENCE E. HANNAN ARMY UNDER TITLE 10, U.S.C., SECTION 12203: BRENDA M. REINHART JOHN N. HARAMALIS To be colonel GERARD RIDEAUX WILLIAM M. HART EDWIN RODRIGUEZ PAUL C. HASTINGS KEVIN S. ANDERSON JOHN F. RONEY, JR. MATTHEW J. HEARON SANFORD P. ARTMAN JEFFREY L. SCOTT ANDREW R. HERNANDEZ JEFFREY B. BAKER RICHARD W. SELLNER MARK J. HODD JOHN W. BRAU, JR. ANTHONY D. SHAFFER SHARON R. HORTON SYLVESTER H. BROWN BRIAN M. SHEA JULIE A. HOSMER GARY U. BULLARD KEITH D. SIMONSON TIMOTHY P. HOUSER ANDREW A. BURNS THOMAS W. SISINYAK DANNY R. HUGHES RUDOLPH L. BURWELL, JR. BRIAN L. SMITH KEVIN M. HULETT CHARLES E. COURSEY TIMOTHY K. SMITH EUGENE R. INGRAO KRISTEN L. COX SHAWN J. SNAREY MARK C. JACKSON KELLIE M. CRESPO JAMES J. SOLANO JAY L. JERRILS DONALD R. DUNNE DONALD D. STENZEL RICHARD A. JOHNSON DAVID L. EGBERT ROBERT J. STEVENS CHRISTOPHER G. JONES TIMOTHY FLANAGAN KENNETH P. STORZ PATRICIA M. JONES JAMES A. GRAY BART E. STOVICEK JAMES A. JUNOT MICHAEL S. HEALY

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00089 Fmt 4624 Sfmt 9801 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1914 CONGRESSIONAL RECORD — SENATE March 11, 2008

LITTLE R. HERSEY CHRISTOPHER W. DEGN IN THE NAVY DAVID L. JESSOP DOUGLAS T. DOWNS DARRY C. JOHNSON DANIEL C. FINKHOUSEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THOMAS J. KALLMAN LESLIE J. FORBESMARIANI TO THE GRADE INDICATED IN THE UNITED STATES NAVY MARY K. LEAHY JAMES J. FOSTER UNDER TITLE 10, U.S.C., SECTION 624: JOHN A. LEGGIERI EVERETT J. FRANKLIN CAROL W. LEIGHTON BRET J. GILMORE To be lieutenant commander JEFFREY J. LEPAK ROBERT C. GRESSER THERESA A. FRASER J M. LISSNER KEVIN L. GUTHRIE ALICIA K. LYNCH LADISLAO HERNANDEZ, JR. THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- FRANCIS S. MAIN ERNEST M. IBANGA POINTMENT IN THE GRADES INDICATED IN THE UNITED BENJAMIN J. MCDONALD JEFFREY L. JAY STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: KENNETH H. MOORE MICHAEL L. JEFFRIES TERRELL E. PARKER II CRAIG M. JOHNSON To be captain MICHAEL A. PHIPPS CARRON A. JONES JOSEPH POTH JOHN M. MARMOLEJO TERRELL L. JONES JIMMY A. RANKIN JEFFREY R. MCCUNE PALMA N. JUAREZ ASDRUBAL RIVERA GREGORY R. OSTROWSKI JEFFERY P. ROBINSON WAYNE A. KEAST LEE R. RAS EDDIE ROSADO MARTIN S. KENDRICK JOHN F. TAFT JAMES W. RUF SUNG N. KIM FRANK E. SKIRLO SUNGJEAN P. KIM To be commander JOSEPH L. SMITH JAMES M. LESTER BRAD P. LEWIS ROBERT P. GORMLEY TAMMY S. SMITH STEVEN W. HARRIS KEVIN B. MATEER ANN STAFFORD WILLIAM L. HENDRICKSON GUY R. MCBRIDE WAYNE A. TASLER HENRY L. MCHUGH JOHN M. TRAYLOR ERIC R. MEYNERS JOSEPH E. WHITLOCK BYUNG K. MIN To be lieutenant commander RUFUS WOODS III JOHN J. MIN MICHAEL W. PATTERSON JAMES I. BOYD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK W. PERKINS BRANDON J. BRYANT TO THE GRADE INDICATED IN THE UNITED STATES ARMY FLORIO F. PIERRE ANDREW P. DOAN AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND KELLY D. PORTER LEWIS J. FERMAGLICH 3064: STEVE W. PROST MARK W. GESELL To be major MICHAEL T. SHELLMAN HORACE E. GILCHRIST II MARK A. SHELTON KARISSA L. HACKELTON ROBERT B. ALLMAN III ROBERT R. STEVENSON PETER M. HAMMER STEVEN D. ASHBROOK MARK A. STEWART CHRISTOPHER M. HARRIS DAVID K. BEAVERS TIMOTHY G. STIERS CHAD R. HOULLIS RONALD A. BELTZ, JR. JEFFERY D. STRUECKER SUE A. HOWELL JOSEPH K. BLAY RODERICK D. SWANSON BRADLEY L. KINKEAD BYRON V. BRIDGES ANTHONY L. TAYLOR, SR. MICHAEL J. LOOMIS, JR. RICHARD E. BROWN DOUGLAS S. THOMISON MARCEL A. MACGILVRAY HOWARD F. CANTRELL SCOTT W. THOMPSON CYNTHIA J. MOORE SUSAN D. CASWELL STANTON D. TROTTER ERIC E. PERCIVAL RAYNARD J. CHURCHWELL RICKY A. WAY OBIE M. POWELL THOMAS G. CONNER SEAN S. WEAD CHAD E. SIMPSON RONALD E. COOPER, JR. RONALD F. WEBB ELIZABETH M. SOLZE SCOTT A. DANIEL RICHARD F. WINCHESTER SUSANN M. TROJAN

VerDate Aug 31 2005 02:21 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00090 Fmt 4624 Sfmt 9801 J:\CRONLINE\2008BA~2\2008NE~2\S11MR8.REC S11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E347 EXTENSIONS OF REMARKS

CONGRATULATING THOMAS G. the Highland Park Girls Swimming and Diving opment of Countryside Park as a historical at- GALLAGHER JR. ON THE OCCA- Team on winning the title of UIL 4A State traction for the City of Portage. SION OF BEING RECOGNIZED FOR Champions. In addition, Carl’s vision and constant efforts 25 YEARS OF SERVICE BY THE In his first year coaching at Highland Park, to improving outdoor recreation, and more FRIENDLY SONS OF ST. PATRICK Jess Cole led the girls to their eighth consecu- specifically, trail development, in Northwest In- OF LACKAWANNA COUNTY tive win in the UIL Texas State Championship diana have been unparalleled. Carl was a cat- on Saturday, February 23, 2008. Those who alyst in the formation of the Northwestern Indi- HON. PAUL E. KANJORSKI competed at the state meet include Allison Ar- ana Regional Planning Commission’s Regional OF PENNSYLVANIA nold, Megan Arnold, Hannah Ferrin, Bolton Bikeways Committee, which would later be- IN THE HOUSE OF REPRESENTATIVES Harris, Delaney Rolfe, Katy Streepey, Katy come the Ped and Pedal Committee. Under Tye, and Alex Weber. Their continued success his vision and leadership, which includes the Tuesday, March 11, 2008 can be attributed to their hard work, dedica- establishment of the Portage Parks and Mr. KANJORSKI. Madam Speaker, I rise tion, passion for swimming and a strong sense Recreation Foundation, Northwest Indiana has today to ask you and my esteemed colleagues of team spirit. In addition to claiming the title seen a vast increase in acreage and funding in the House of Representatives to pay tribute of State Champions, the Highland Park Girls obtained for the development of its parks and to Mr. Thomas G. Gallagher Jr. who is being Swimming and Diving Team now holds the trails. Astonishingly, during Carl’s tenure as honored by the Friendly Sons of St. Patrick of longest state record in UIL swimming and div- superintendent, Portage has seen the estab- Lackawanna County, Pennsylvania, for 25 ing, matching Class A Booker’s record in girls lishment of 11 parks and 2 city-wide trails. years of faithful service. golf as the longest in Texas high school sports Madam Speaker, I ask that you and my Mr. Gallagher has a long and distinguished since record keeping began in 1910. other distinguished colleagues join me in com- history of service to his northeastern Pennsyl- Madam Speaker, I ask my esteemed col- mending Carl Fisher for his lifetime of leader- vania community. leagues to join me in congratulating the mem- ship, service, and dedication to the residents Mr. Gallagher was the President of the bers of the Highland Park Girls Swimming and of Portage, IN. He has touched the lives of United Way of Lackawanna County from 1986 Diving Team for their well-deserved victory many residents and visitors in Northwest Indi- until his retirement in June of 2002. and wish them all the best in future endeav- ana. While we will all miss Carl’s true service A graduate of Scranton Preparatory School, ors. and uncompromising dedication, I ask that you Mr. Gallagher received a Bachelor of Arts de- f join me in wishing him well upon his retire- gree from the University of Notre Dame and a ment. masters of social work degree from Fordham MR. CARL FISHER University. He also completed post graduate f work at the National Academy of Volunteerism HON. PETER J. VISCLOSKY in Alexandria, Virginia. A PROCLAMATION HONORING THE OF INDIANA Prior to his work with the United Way, Mr. 200TH ANNIVERSARY OF THE Gallagher served as a caseworker for the IN THE HOUSE OF REPRESENTATIVES FOUNDING OF BARNESVILLE, Lackawanna County Institution District’s Bu- Tuesday, March 11, 2008 OHIO reau of Aging and Bureau of Children’s Serv- Mr. VISCLOSKY. Madam Speaker, it is with ices. great pleasure that I pay tribute to one of the HON. ZACHARY T. SPACE He also served as assistant director of the most caring, dedicated, and selfless citizens of OF OHIO Planning Council for Social Services and As- Indiana’s First Congressional District, Mr. Carl IN THE HOUSE OF REPRESENTATIVES sociate Director of the United Way of Lacka- Fisher, longtime superintendent of the Portage wanna County, Parks Department. After serving the people of Tuesday, March 11, 2008 In addition, he also served as a lieutenant Portage, IN, in this capacity for the past 24 Mr. SPACE. Madam Speaker: senior grade in the United States Public years, Carl announced his retirement from this Whereas, the dedicated people of Barnes- Health Service at the National Institute of position. In honor of Carl, a retirement party ville, Ohio celebrate the 200th anniversary of Health. will be held by friends and members of his the found of Barnesville, Ohio with great joy; Mr. Gallagher serves on the board of direc- staff on Friday, March 14, 2008, at Sycamore and tors of St. Francis Kitchen and the Margaret Hall of Woodland Park in Portage, IN. Whereas, this occasion is a time to look Briggs Foundation. He is also a member of Following his graduation in 1964 from Grace back at the origins of the town and appreciate the Rotary Club of Scranton and he is a past College in Winona Lake, IN, Carl, an avid na- how much it has grown from its first days as president of the Friendly Sons of St. Patrick of ture enthusiast, eventually went on to pursue a hunting and trapping community in an infant Lackawanna County. his master’s degree in recreation park admin- country; and Madam Speaker, please join me in con- istration at Indiana University. After completing Whereas, occasions such as these illustrate gratulating Mr. Gallagher on this special occa- his master’s degree in 1975, he was hired as to us that love mixed with hard work and per- sion. His exemplary performance in the area the district recreation supervisor for the Mont- severance will stand the test of time; and of community service has improved the quality gomery County Recreation and Parks Depart- Whereas, it is the fond wish of this body of life for all and is well deserving of this ment. Carl held this position until 1977, at that you will continue to present this town as honor. Indeed, his example is an inspiration which time he took over as the park super- a beacon of light in the representation of for future generations to emulate. visor for the Goshen Park and Recreation De- America and maintain your stand as a symbol f partment. Carl remained in this capacity until to this generation that our strength lies in your CONGRATULATING THE HIGHLAND 1983 before relocating to Northwest Indiana, gracious commitment in unity to stand as a PARK GIRLS SWIMMING AND where he took over as superintendent of the model community; now, therefore, be it DIVING TEAM Portage Parks Department, a position he Resolved, That along with his friends, fam- would faithfully serve for the next 24 years. ily, and the residents of the 18th Congres- HON. PETE SESSIONS Since taking over at the Portage Parks De- sional District, I commend Barnesville for your OF TEXAS partment, Carl’s contributions to Northwest In- hard work and perseverance, recognizing that IN THE HOUSE OF REPRESENTATIVES diana have stretched far beyond his everyday all great communities come from great people. responsibilities as superintendent. It was in With great appreciation and respect, we rec- Tuesday, March 11, 2008 large part through his efforts that the Portage ognize the tremendous impact this town has Mr. SESSIONS. Madam Speaker, it is with Township Community Historical Society was had in Ohio and in the lives of those people great pleasure that I rise today to congratulate created. This led to the acquisition and devel- you have touched.

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

VerDate Aug 31 2005 06:41 Mar 12, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K11MR8.009 E11MRPT1 smartinez on PRODPC61 with REMARKS E348 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2008 HONORING ARBELLA PERKINS the Government Accountability Office, a report flew supplies to them over the treacherous EWING that contains a copy of the rule, a concise Hump Route from India at great peril. general statement describing the rule, and the Our visit to Kunming, China for a memorial HON. EDDIE BERNICE JOHNSON proposed effective date of the rule. Thus, ceremony and meeting with Chinese World OF TEXAS under current law, the same material is sub- War II veterans was an unforgettable and IN THE HOUSE OF REPRESENTATIVES mitted, housed, and printed at four different powerful reminder of the extraordinary service governmental entities. Tuesday, March 11, 2008 provided to our country by patriots such as Specifically, this legislation would eliminate Colonel Lopez. the requirement that agencies submit their Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, Colonel Lopez served our rules that are printed in the Federal Register Madam Speaker, I rise today to pay tribute to Nation with the utmost dedication and is a true to each House of Congress. Instead of receiv- Arbella Perkins Ewing in celebration of her American hero. I know the Members of the ing the full submission of each individual rule, 114th birthday on Thursday, March 13, 2008. House will join me in extending heartfelt con- As the third-oldest living person in the world the House and Senate would receive a weekly dolences to Glindal Lopez; their two children, and the second-oldest living American, Ms. list of all rules from the Comptroller General. Don and Joy; and Laura, his granddaughter. Ewing is a fixture of the Dallas community. The House and Senate would then enter that Born in 1894 on a farm in Freestone Coun- list into the CONGRESSIONAL RECORD with a f ty, Mississippi, as one of 12 children and the statement of referral for each rule. Under great-granddaughter of Mississippi slaves, Ms. these revisions, agencies would still be re- IN RECOGNITION OF THE STATE Ewing endured continual racial problems that quired to submit rules and reports to each COLLEGE AREA HIGH SCHOOL eventually led to her move to Dallas. In 1936, House of Congress that were not printed in MASTER SINGERS PERFORM- she and her husband Frank settled into a the Federal Register, and Congress could still ANCE AT CARNEGIE HALL house in South Dallas, where she lived until employ the procedures in the Congressional she was 106. Review Act to disapprove agency rules. As a wife and a mother to one daughter, I urge my colleagues to join as cosponsors HON. JOHN E. PETERSON Ms. Ewing not only made sure to keep a clean to this legislation that makes commonsense OF PENNSYLVANIA house for her own family, but extended her modifications of the Congressional Review charity beyond her own home, often cooking Act. IN THE HOUSE OF REPRESENTATIVES for her sick neighbors. f Tuesday, March 11, 2008 Known as a God-fearing woman, her faith has greatly contributed to her way of life. I am A TRIBUTE TO DONALD S. LOPEZ Mr. PETERSON of Pennsylvania. Madam reminded of a quote by the late Dr. Martin Lu- Speaker, I rise today in honor of a talented ther King, Jr., ‘‘The quality, not the longevity, HON. IKE SKELTON high school choir in my district, the State Col- of one’s life is what is important.’’ I can truly OF MISSOURI lege Area High School Master Singers of say that the quality of Ms. Ewing’s life extends IN THE HOUSE OF REPRESENTATIVES State College, PA, which was chosen to per- form at New York City’s world-renowned Car- past even her longevity. Her reputation for Tuesday, March 11, 2008 ‘‘good living’’ includes not smoking or drinking, negie Hall on March 10, 2008. eating healthily, and not staying out late. She Mr. SKELTON. Madam Speaker, I rise The State College Area High School Master serves as an example for all of us to honor today to honor the life of LTC Donald S. Singers were selected out of dozens of high our bodies and cherish our health. Lopez, a military aviation pioneer and deco- schools across the country to perform in this After her husband and daughter passed rated hero who recently passed away at the concert. The event featured 200 students from away in the 1970s, Ms. Ewing lived an inde- age of 84. four States, and was the capstone of Carnegie Colonel Lopez was born on July 15, 1923, pendent and self-sufficient life until a fall that Hall’s yearlong National High School Choral in Brooklyn, New York. He graduated from the broke her hip in 2007 at the age of 113. Ms. Festival. The concert was conducted by Dr. Air Force Institute of Technology with a bach- Ewing’s strength and resolve has seen her Craig Jessop, esteemed music director of the elor’s degree in aeronautical engineering and though this rough time of surgery into recovery Mormon Tabernacle Choir, who was working a master’s degree in aeronautics from the much as it saw her through the years of the with the choirs and their conductors through- California Institute of Technology. Great Depression, Jim Crow segregation and out the year. Known best for their legendary In preparation for World War II, Colonel the Civil Rights Era. musical performances, Carnegie Hall is also a Lopez enlisted and received his pilot’s license Ms. Ewing stands as a beacon of will and pioneer of music education, and I am thrilled in 1943. He was promptly sent to China and determination. She makes us all mindful that a that these students were given such a remark- served with many veterans of the legendary life well spent is a life worth living. able opportunity to showcase their talent. Madam Speaker, I ask that my colleagues American Flying Tigers, flying 101 missions Led by Robert Drafall, the Master Singers is join me in honoring Arbella Perkins Ewing on and recording five victories, qualifying him to comprised of sophomores, juniors and seniors, reaching the monumental age of 114. I wish be recognized as an ‘‘ace.’’ and performs in a variety of venues as well as her continued life, good health and strength. Upon his return from China, Colonel Lopez performing at the Heinz Chapel Chamber f was an Air Force test pilot for 6 years and went on to fly F–86s in Korea. During the next Choir Invitational, The Central Pennsylvania INTRODUCTION OF THE CONGRES- 6 years, he taught aeronautics at the Air Force Festival of the Arts, and The Celebration of Af- SIONAL REVIEW ACT IMPROVE- Academy. During his military career, Colonel rican American Spirituals. The Master Singers MENT ACT Lopez earned the Silver Star, two awards of have distinguished themselves in earning su- the Distinguished Flying Cross, and three perior ratings at adjudicated festivals in New ´ awards of the Air Medal. York City, Toronto, Virginia Beach, and Chi- HON. LINDA T. SANCHEZ cago. They were invited to participate in a OF CALIFORNIA Following his retirement from the Air Force master class with the famed a cappella en- IN THE HOUSE OF REPRESENTATIVES in 1964, Colonel Lopez worked as a systems engineer on the Apollo-Saturn Launch Vehicle semble Chanticleer, and they have collabo- Tuesday, March 11, 2008 and the Skylab Orbital Workshop. rated with the Central Pennsylvania Youth Or- Ms. LINDA T. SA´ NCHEZ of California. Colonel Lopez joined the Smithsonian in chestra and with the State College Choral So- Madam Speaker, I rise today to introduce the 1972 and was instrumental in planning the Na- ciety and Orchestra in a performance featuring Congressional Review Act Improvement Act. tional Air and Space Museum. He served as Metropolitan Opera Audition winners. This legislation would cut government waste deputy director of the museum from 1983 until I am privileged to have one of the four by reducing duplicative paperwork and reliev- 1990 and returned to the position in 1996. schools in the Nation chosen for the Carnegie ing some of the administrative burdens that I had the honor of meeting with Colonel Hall National High School Choral Festival re- are currently mandated by the Congressional Lopez while preparing to lead a congressional siding in my Pennsylvania district. I commend Review Act, the congressional review mecha- delegation to China last August. Colonel these students and their leaders for their ac- nism of agency rules. The Congressional Re- Lopez provided me with valuable insight into complishment, and congratulate them for rep- view Act requires that all agencies promul- the experiences of the American Flying Tigers resenting the State of Pennsylvania in their gating a rule must submit to both Houses of who worked with the Chinese military during performance at the famed Carnegie Hall on Congress, and to the Comptroller General at World War II and the courageous pilots who March 10th.

VerDate Aug 31 2005 06:41 Mar 12, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A11MR8.001 E11MRPT1 smartinez on PRODPC61 with REMARKS March 11, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E349 RECOGNIZING THE HURLBURT AFA averages, record data, and work as a team to nications, education, engineering and com- CHAPTER 398 TEACHER OF THE achieve a final answer. Mr. Erickson is using puter science, health and human develop- YEAR SELECTIONS FOR 2007–2008 the science, technology, engineering and ment, humanities and social sciences, and mathematics aspects of aerospace and avia- natural sciences and mathematics, all of which HON. JEFF MILLER tion to motivate his students to learn, explore, provide an outstanding education to the stu- OF FLORIDA and discover. dents. IN THE HOUSE OF REPRESENTATIVES Madam Speaker, on behalf of the United Its studies have led students to careers in States Congress, I am proud to recognize the teaching, nursing, business, the arts, commu- Tuesday, March 11, 2008 Hurlburt Field AFA Chapter 398 Teacher of nications, health care, engineering, sports, the Mr. MILLER of Florida. Madam Speaker, on the Year selections. sciences and more. Cal State Fullerton grad- behalf of the , it is an f uates have gone on to successful careers and honor for me to rise today to recognize the community-building, and their impact is felt not Hurlburt Air Force Association Chapter 398 A PROCLAMATION HONORING ER- only in the State of California and the Nation, Teachers of the Year. NEST L. TODD AND LENA M. but throughout the world. Among these grad- First, I would like to congratulate, Mr. Leo F. TODD ON THEIR 75TH WEDDING uates are Academy Award-winning actors and Murphy, who received the High School and ANNIVERSARY screenwriters, television news reporters, Pul- Overall Teacher of the Year award. A teacher itzer Prize-winning journalists, successful nov- at Choctawhatchee High School, Mr. Murphy HON. ZACHARY T. SPACE elists, doctors, lawyers, judges, teachers, pro- is deeply passionate about aviation and aero- OF OHIO fessional athletes, entrepreneurs, legislators, space education. He began the first aviation IN THE HOUSE OF REPRESENTATIVES scientists and business leaders and even a and aerospace education program in the Tuesday, March 11, 2008 NASA astronaut who served on the crew of Okaloosa County School District and is the the Space Shuttle Endeavor that launched into driving force behind its success. A retired U.S. Mr. SPACE. Madam Speaker: space in August 2007. naval officer, Mr. Murphy has over 4,000 Whereas, March 11, 2008, marks the day Cal State Fullerton’s student body also re- hours flying time earned in his 30-year career. Ernest and Lena Todd have been lovingly flects the diversity of the State of California. He instructs at both Choctawhatchee and married for 75 years; and As one of the most diverse campuses in the Crestview High Schools, and Hurlburt AFA Whereas, their marriage represents the true State, the university welcomes students of dif- Chapter 398 is proud to recognize him. spirit of love, compromise and support; and ferent ethnic groups, cultures and religions. In Second, I would like to honor Ms. Shannon Whereas, their life together from humble be- fact, many of these students are the first in E. Farrell, the AFA Chapter’s selection for the ginnings as a coal mining family in Tennessee their families to earn a university diploma. Middle School Teacher of the Year. Ms. have prospered into a loving extended family The university received full accreditation Farrell teaches eighth-grade Physical Science in Ohio consisting of 260 children, grand- from the Western College Association, later at Woodlawn Beach Middle School. She incor- children, great-grandchildren, and great-great- known as Western Association of Schools and porates engineering, science and technology grandchildren; and Colleges, in 1961 and Cal State Fullerton now into her classroom. Ms. Farrell also sponsors Whereas, Ernest and Lena Todd represent holds 14 national accreditations and associa- the school’s Boosting Engineering Science the belief that love is eternal and will over- tions. and Technology, BEST, Robotics Club. The come all obstacles, for richer, for poorer, for In addition, ‘‘Titan Pride’’ has been the ral- 60 students in her club have competed at better, for worse—forever; now, therefore, be lying cry for 12 national team championships local and regional events, and are now pre- it in seven different sports. paring to compete in the Physics Olympics at Resolved, That along with her friends, fam- Finally, Cal State Fullerton is known for its the University of West Florida. ily, and the residents of the 18th Congres- distinguished faculty, many of whom have gar- It is also with great honor for me to recog- sional District, I wish Ernest and Lena Todd a nered international and national reputations in nize the co-winners of the Hurlburt AFA Chap- happy and healthy 75th wedding anniversary. their respective fields. ter 398 selections for the Elementary School We recognize the amazing commitment of It is with great pride that I recognize Cal Teacher of the Year. Ms. Megan L. Tucker love, friendship, and support these two people State Fullerton for 50 wonderful years. teaches fourth-grade students at Kenwood El- have made to each other and their family and f ementary School and was named her school’s the brightness and hope they have brought to teacher of the year for 2006–2007. She aug- those they have touched. RECOGNITION OF ANNA ROSE ments the discussion of aviation in the class- f LIVINGSTON room with guest speakers. Ms. Tucker has teamed with the USAF Armament Museum to HONORING CALIFORNIA STATE HON. JAMES T. WALSH UNIVERSITY assist in the development of the ‘‘Engineers OF NEW YORK for America’’ initiative, which incorporates IN THE HOUSE OF REPRESENTATIVES science, technology, engineering, and mathe- HON. EDWARD R. ROYCE Tuesday, March 11, 2008 matics, STEM, into various activities. She has OF CALIFORNIA also coordinated with the Choctawhatchee IN THE HOUSE OF REPRESENTATIVES Mr. WALSH of New York. Madam Speaker, Aviation Institute, Bob Skies Airport, and the I rise today to recognize the generous spirit of Experimental Aircraft Association to introduce Tuesday, March 11, 2008 third grader Anna Rose Livingston, a resident her students to the thrill of flight. Mr. ROYCE. Madam Speaker, I would like of my hometown of Syracuse, New York. Lastly, it is with honor for me to recognize to take this opportunity to recognize my alma Approximately 2 months ago, Anna Rose another outstanding teacher, Mr. Scott mater, California State University, Fullerton, as viewed a film on the life of Mother Teresa dur- Erickson. He is a fourth-grade teacher at the it celebrates its 50th anniversary. ing her Sunday school class at Bellevue W.H. Rhodes Elementary School. Since 2005, In 1957, California State University, Ful- Heights United Methodist Church. Moved by he has taught math, reading, writing, science lerton, was founded by an act of the California the work of the Catholic missionary to combat and social studies. To engage his students in Legislature. The enrollment consisted of 452 poverty and suffering in India and around the learning he has incorporated a variety of avia- students when the first classes were offered in world, Miss Livingston developed a plan with tion related items into all facets of his teach- leased quarters at Sunny Hills High School, the encouragement of her mother Sharon to ing. He integrated items gleaned from a prior to the College moving to temporary build- gather and collect outdoor winter clothing for Hurlburt Chapter Teacher Workshops to im- ings on a permanent site in 1960. needy families in central New York. prove reading skills and institute a rocket Half a century after its founding, more than The following week during the announce- building program for his students. His latest 185,000 graduates have successfully devel- ment portion of Sunday services at Bellevue endeavor is integrating reading, math, tech- oped careers in hundreds of industries. Heights, 8-year-old Anna Rose stood to ad- nology, geometry, and engineering procedures Each year, more than 36,000 students at- dress the congregation and ask for their as- into a dynamic lesson involving simulated tend classes at Cal State Fullerton, choosing sistance in her developing effort. Later that flight from point to point using sectional charts, from among 105 different degree programs in- week, she petitioned her teacher and principal videos, and written instruction. During this les- cluding 55 undergraduate, 49 graduate and a at the Bishop’s Academy at Most Holy Rosary son, students measure angles, figure area of doctorate in education, at eight distinct col- to have the school’s third graders join in her a triangle and circle, compute speed, figure leges: arts, business and economics, commu- service project.

VerDate Aug 31 2005 06:41 Mar 12, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A11MR8.005 E11MRPT1 smartinez on PRODPC61 with REMARKS E350 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2008 Today, three large parcels of hats, gloves, agreement that was cited was over whether all PERSONAL EXPLANATION and coats have been assembled for delivery regulated chemical facilities, or just a subset, to families struggling to combat Syracuse’s should be required to assess whether or not HON. STEVE COHEN harsh winter weather, and Anna Rose has se- they could incorporate practices to reduce the OF TENNESSEE cured Brown Memorial United Methodist consequences of a terrorist attack in their IN THE HOUSE OF REPRESENTATIVES Church and its neighborhood missions on Syr- processes. For the record, the bill requires Tuesday, March 11, 2008 acuse near westside to assist in distribution. only facilities assigned to a risk-based tier to Anna Rose Livingston’s initiative and effort undertake such an assessment. This is done Mr. COHEN. Madam Speaker, please ex- is a fine example of the compassion and giv- to decrease the likelihood of a potential attack cuse my absence from votes on Monday, ing spirit that exists in so many Americans, but in the first place. That’s just plain sensible. March 10, 2008. My flight was delayed due to Anna Rose’s age and lack of prior experience mechanical problems. Had I been present, I This legislation does not seek to reinvent would have voted ‘‘aye’’ on each rollcall vote: in such a large service initiative make her mo- the wheel, as the Democratic Members of this tivation and success that much more remark- 108, 109, and 110. committee believe that the fundamental ap- f able. proach taken under the existing chemical se- On behalf of the people of New York’s 25th curity regulations is the correct one. At the INTRODUCTION OF BILL ON OIL Congressional District, I proudly recognize same time, the bill seeks to make several im- LEASE SALE IN THE CHUKCHI SEA Anna Rose for her community service and ex- provements to the program after the sunset press great hope that her selflessness and expires. For instance, the current chemical se- HON. EDWARD J. MARKEY success will motivate similar efforts of charity curity regulations exempt water treatment fa- OF MASSACHUSETTS throughout my hometown community and cilities regulated under the Safe Drinking IN THE HOUSE OF REPRESENTATIVES across this great nation by people of all ages. Water Act and port facilities regulated under Tuesday, March 11, 2008 f the Maritime Transportation Security Act. This Mr. MARKEY. Madam Speaker, the Interior bill does not have such an exemption and INTRODUCTION OF CHEMICAL FA- Department is currently considering whether to calls for the CFATS to work smoothly with the CILITY ANTI-TERRORISM ACT OF list the polar bear under the Endangered Spe- existing authorities. Testimony by the Depart- 2008 cies Act as a result of the impacts of global ment at previous hearings before this com- warming. While this decision has been nearly mittee demonstrated that facilities with the ex- 3 years in the making, the Fish and Wildlife HON. BENNIE G. THOMPSON emption possess the same chemicals and are Service has now missed deadline after dead- OF MISSISSIPPI as proximate to major metropolitan areas as line for finalizing a decision on the future of IN THE HOUSE OF REPRESENTATIVES the currently regulated facilities. The testimony the polar bear. On January 9, the Interior De- Tuesday, March 11, 2008 revealed there is no rational public policy rea- partment missed its statutorily required dead- son to exempt them from the chemical secu- Mr. THOMPSON of Mississippi. Madam line for a decision, as required under the Act. rity regime. Speaker, today, I am proud to introduce the Then, 1 month later, it missed its self-imposed Chemical Facility Anti-Terrorism Act of 2008, The bill also recognizes that water facilities deadline. Now, the decision on listing the polar which was marked up and reported favorably need to be treated differently than other facili- bear, and the survival of this iconic species, is by the Committee on Homeland Security on ties. That is why we included provisions to re- hanging in limbo. March 6, 2008. quire that the Secretary must provide funding Meanwhile, Secretary Kempthorne decided This bill will extend and strengthen the De- for those that are required to implement inher- to move forward with an oil and gas lease sale partment of Homeland Security’s current au- ently safer technology, IST. The bill also bars in 30 million acres of sensitive polar bear habi- thority to regulate security practices at our Na- the Secretary from issuing any order or guid- tat in Alaska’s Chukchi Sea last month rather tion’s chemical facilities. This legislation must ance under these regulations that contravenes than wait until after a decision on the polar be enacted to ensure that there is no lapse in laws, such as the Safe Drinking Water Act, bear had been made. our efforts to protect the Nation’s chemical in- and restricts the Secretary from enforcing The bulk of this legislation that I am intro- frastructure from the threat of terrorism. The ‘‘cease operations’’ orders against water facili- ducing today is identical to H.R. 5058, which Chemical Facility Anti-Terrorism Standards ties unless their operation represents a clear already has wide support from Members of the regulations currently in effect will sunset in Oc- and present danger to homeland security. The House. H.R. 5058 would have required the In- tober 2009. The passage of this legislation is provisions are intended to ensure that this leg- terior Department to delay the oil lease sale in needed to update and improve those regula- islation will not cause water to be less safe for the Chukchi Sea until it had made a decision tions and to make them permanent. communities. on listing the polar bear under the Endangered Shielding the Nation’s critical infrastructure The bill also protects the rights of States to Species Act. The legislation that I am intro- from foreign and domestic terrorism is one of pass their own regulations to secure chemical ducing today would delay the next steps in the my eight goals in charting the course toward facilities so long as they do not directly conflict oil leasing process until after the Interior De- freedom from fear. As I see it, extending with this legislation; requires employee training partment makes decisions on the polar bear DHS’s authority to regulate chemical security and involvement of employees and their rep- and on establishing the bear’s ‘‘critical habi- is the right thing to do, and this legislation resentatives in creating vulnerability assess- tat.’’ This legislation would not prevent the does it the right way. ments and security plans; creates strong whis- next steps in the oil drilling process from ever For 4 months, the committee undertook a tleblower protections, and protects against ille- occurring, but rather simply ensure that the bipartisan effort to develop this legislation. gitimate use of background checks. Department first decides how to protect the There were extensive discussions with the De- polar bear. partment, the chemical industry, including both I know that once this bill leaves this com- It is disappointing that Secretary Kemp- large and small chemical manufacturers, fer- mittee, there will be an effort to weaken it. I thorne chose not to delay the lease sale until tilizer manufacturers, petroleum and propane hope, however, that Congress will not allow after the polar bear listing decision had been manufacturers and distributors, water and narrow interests to interfere with the national made. The legislation that I am introducing wastewater facilities, environmental groups, security imperative of securing our chemical today would restore common sense to this labor organizations, State Governments, and sector from terrorists. Only through the com- regulatory lunacy by ensuring that we figure academic and independent experts. The legis- prehensive approach laid out in this bill will we out how to protect the polar bear before taking lation I am introducing today with every Demo- address our Nation’s current vulnerability to a any additional steps towards allowing oil drill- cratic Member of the Committee on Homeland massive chemical attack using our own infra- ing in key polar bear habitat. Secretary Kemp- Security is the product of this open, bipartisan structure against us. Exempting some facilities thorne and his agency must not move any far- process. will make us less safe because those facilities, ther down the path they are taking of drill first Given this effort, where the ranking member by their exemption, could become more likely and ask questions later—a well-worn path in of the full committee and Transportation Secu- to be attacked. this administration. If this administration re- rity and Infrastructure Protection were involved I hope that Congress will do the right thing fuses to stop the oil drilling process until after in every aspect of this legislation, I was very to deliver to the American people freedom it figures out how to protect the polar bear disappointed that the Republican Members, from fear of such a chemical attack by moving from global warming, then the Congress must with few exceptions, chose partisanship over forward expeditiously to pass this legislation step in to protect the polar bear and the tax- progress and voted against the bill. The dis- and make it law. payers.

VerDate Aug 31 2005 06:41 Mar 12, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A11MR8.007 E11MRPT1 smartinez on PRODPC61 with REMARKS March 11, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E351 A PROCLAMATION HONORING medical conditions that require physical ther- ies led him into entomology and eventually GENE MACDONALD apy. These conditions include, but are not lim- brought him to Georgia. ited to, facial trauma such as jaw fractures, From 1967 until his retirement in 2006, Dr. HON. ZACHARY T. SPACE temporomandibular joint disorder, TMJ, and Lewis was a researcher with the U.S. Depart- OF OHIO reconstruction procedures subsequent to path- ment of Agriculture in Tifton, Georgia, and also held adjunct faculty positions with both IN THE HOUSE OF REPRESENTATIVES ological and/or congenital anomalies. Oral and maxillofacial surgeons undergo rigorous hos- the University of Georgia and the University of Tuesday, March 11, 2008 pital-based education and training that allows Florida. In his time with the USDA, the Sec- Mr. SPACE. Madam Speaker: them to perform complex surgical procedures retary of Agriculture promoted him to Whereas, Gene MacDonald is the founding of the head and neck. Nationally, they treat supergrade rank, and his numerous grant president of the Appalachia Development Dis- thousands of patients each year. awards included $4.3 million to explore the trict and served admirably with that associa- Unfortunately, current Medicare law pro- possibility of training insects as biological de- tion, the Ohio Mid-Eastern Governments Asso- hibits an oral and maxillofacial surgeon from tectors. ciation for 30 years; and directly referring their patients for physical Dr. Lewis has also been active in civic and Whereas, he is a 30-year board member of therapy services. Instead, a dentist or OMS community affairs. For more than a decade, the Muskingum Area Technical College/Zane must first refer their patients back to an he has served as the vice mayor of Tifton, State College; and allopathic or osteopathic physician and work GA. Previously, he served as a member of the Whereas, Gene MacDonald worked as the with such a physician to establish a therapy city council and was involved with his commu- Zanesville Industrial Program Executive for 14 plan when an OMS believes physical therapy nity’s downtown development and historic years; and should be part of their patient’s treatment. preservation. He also served on the board of Whereas, he served as the director of plan- Such consultation has proven to be inefficient, elections, planning and zoning, and mental ning and physician recruitment at Bethesda unnecessary and cumbersome, and it ulti- health services. Hospital/Genesis Health Care System for 21 mately delays patient treatment and the con- Madam Speaker, I am confident my col- years; therefore, be it tinuum of care. leagues will join me in recognizing the sci- Resolved, That along with his friends, fam- Congressman CANTOR and I are proud to entific and civic achievements of this great ily, and the residents of the 18th Congres- have crafted a budget neutral bill that will Georgian and American. sional District, I commend and thank Gene allow patients to access necessary PT serv- f MacDonald for his contributions to his commu- ices, restore their oral health and quality of nity and country. life, and reduce unnecessary bureaucracy and TRIBUTE TO THOMAS J. GRAFF f cost that currently slow the rehabilitative proc- ess. HON. GEORGE MILLER PERSONAL EXPLANATION My colleague and I would like to thank our OF CALIFORNIA local New Jersey and Virginia oral and maxil- IN THE HOUSE OF REPRESENTATIVES HON. LYNN C. WOOLSEY lofacial surgical communities as well as the Tuesday, March 11, 2008 OF CALIFORNIA American Association of Oral and Maxillofacial Mr. GEORGE MILLER of California. Madam IN THE HOUSE OF REPRESENTATIVES Surgeons, AAOMS, for supporting this legisla- tion and working closely with us to improve Speaker, tonight many of Tom Graff’s friends Tuesday, March 11, 2008 patient access to oral health physical therapy and associates will be honoring his career and Ms. WOOLSEY. Madam Speaker, on March services. accomplishments at a dinner in California. Be- 10, 2008, I was unavoidably detained and was f cause I can’t make it to Sacramento for to- not able to record my votes for rollcall Nos. night’s dinner, I rise today to pay tribute to one 108–110. Had I been present I would IN HONOR OF DR. W. JOE LEWIS of the great leaders, strategists, and intellec- have voted: rollcall No. 108—‘‘yea’’—National tual engines of the environmental movement 9–1–1 Education Month; rollcall No. 109— HON. JIM MARSHALL of the last several decades. ‘‘yea’’—E. Arthur Gray Post Office Building; OF GEORGIA Tom Graff founded Environmental Defense rollcall No. 110—‘‘yea’’—Steve W. Allee Car- IN THE HOUSE OF REPRESENTATIVES Fund’s California office in 1971, and he has rier Annex Post Office Building. been one of the most influential, effective, and Tuesday, March 11, 2008 f important voices in California environmental Mr. MARSHALL. Madam Speaker, it is with policy—and especially in the water world— INTRODUCTION OF THE MEDICARE great pleasure that I rise today to honor Dr. ever since. Indeed, Tom has been deeply in- ORAL HEALTH REHABILITATIVE W. Joe Lewis of Tifton, GA, on the occasion volved in the messy and fascinating world of ENHANCEMENT ACT OF 2008 of his selection as a recipient of the 2008 Wolf water politics and policy since before I came Foundation Prize in Agriculture. This prize is to Congress. Not many people can say that. HON. BILL PASCRELL, JR. given annually to recognize the achievements Over our decades of friendship, Tom has OF NEW JERSEY of outstanding scientists in six fields and frequently been a lifesaver to me, to my staff, IN THE HOUSE OF REPRESENTATIVES comes with a $100,000 award. and frankly to the people of California. He al- Dr. Lewis is being honored by the Wolf ways looks for solutions, even to the most in- Tuesday, March 11, 2008 Foundation for his key role in discovering tractable problems, and whenever we’ve need- Mr. PASCRELL. Madam Speaker, I rise mechanisms governing plant-insect and plant- ed to get the latest thinking on environmental today with my colleague Congressman CAN- plant interactions. His scientific contributions policy water policy, the first call we make is to TOR (R–VA) to introduce budget neutral legis- have greatly assisted the development of an Tom. lation that will strengthen and enhance the ecologically sound approach to integrated pest Now, despite his genius, he hasn’t always Medicare program by allowing dentists and the management and have helped to advance ag- seen the wisdom of my approach to every surgical arm of dentistry to refer their patients ricultural sustainability worldwide. specific issue, so from time to time, I have directly to physical therapy, PT, services. This Madam Speaker, this award is just one ex- been on the receiving end of his strong—even necessary legislation will save significant time ample of Dr. Lewis’s scientific contributions. passionate—views. But every interaction with and Medicare resources by allowing qualified Long recognized as a leader in the field of re- Tom is educational, and leaves you wiser at dental professionals to directly refer and es- search entomology, his work has been fea- the end of the day. tablish their patient’s rehabilitative process. tured in more than 200 scientific publications Among many other accomplishments, Tom’s This simple yet necessary legislative fix will and highlighted on a number of broadcast pro- negotiating prowess and his wisdom were crit- permit physical therapy services to be fur- grams. Dr. Lewis is often sought out by others ical to the passage of legislation that I au- nished under the Medicare program to individ- for his knowledge and experience, and has thored in 1992 to protect the Bay-Delta of uals under the care of a dentist. Current Medi- mentored numerous students and scientists California: the Central Valley Project Improve- care statute prohibits the direct referral of pa- who are now making their mark on the world ment Act. tients for PT under the care of dentists as well through their own scientific contributions. The CVPIA took us many years to put to- as oral and maxillofacial surgeons, OMS. Although recognized for his achievements, gether, and Tom’s hard work is visible Oral and maxillofacial surgeons, the surgical Dr. Lewis began life humbly as a share- throughout the statute. One of Tom’s great in- arm of dentistry, regularly treat patients with cropper’s son in Mississippi. His college stud- sights was in advocating for, and helping to

VerDate Aug 31 2005 06:41 Mar 12, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K11MR8.005 E11MRPT1 smartinez on PRODPC61 with REMARKS E352 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2008 develop, the water-marketing agreements that Mrs. Sward is survived by her husband of PERSONAL EXPLANATION helped bring the business world and the urban 47 years, Vic Sward, her children; Saundra water community on board. His work on water West and Eric Sward; her grandchildren; Sara HON. RIC KELLER marketing has always been ahead of his time: Shipman, Nic West and her great grand- OF FLORIDA he was early to the idea that market forces children; Cameron, Kaidyn, Cole and Case. IN THE HOUSE OF REPRESENTATIVES can be brought to bear on conservation and Madam Speaker, I rise today to post- Tuesday, March 11, 2008 the protection of water and other public goods. humously honor Gail Sward for her dedication This is a great example of Tom’s ability to Mr. KELLER of Florida. Madam Speaker, I to her family, her business and her commu- have remained in Orlando, with my wife and look at new ideas and adapt them to environ- nity. I invite my colleagues to join me in hon- mental improvements, which has always been our new daughter who was born on Monday, oring her life and wishing the best for her fam- March 3. If I had been present yesterday, I an incredible strength, one matched by very ily. few people—too few, really—in the world of would have voted in the following manner: Rollcall 103: ‘‘nay’’; Rollcall No. 104: ‘‘nay’’; environmental policymaking. f Nothing in California water politics is easy, Rollcall No. 105: ‘‘yea’’; Rollcall No. 106: ‘‘nay’’; Rollcall No. 107: ‘‘nay.’’ as the people gathered in Sacramento tonight A PROCLAMATION HONORING can attest, and Tom is one of the very few ZANE STATE COLLEGE FOR ITS f people who can broker an agreement between NO. 9 RANKING OF BEST 2-YEAR WOMEN’S HERITAGE MONTH the north and the south, between State and COLLEGES IN THE NATION, AS Federal politicians, between Democrats and REPORTED BY WASHINGTON Republicans, and of course, between Demo- HON. EDDIE BERNICE JOHNSON MONTHLY OF TEXAS crats and other Democrats. IN THE HOUSE OF REPRESENTATIVES Tom is a great friend, and a great ally. I have relied on his counsel for 30 years, and HON. ZACHARY T. SPACE Tuesday, March 11, 2008 whenever a new issue crops up that requires Ms. EDDIE BERNICE JOHNSON of Texas. an innovative strategy, I turn to him—and so OF OHIO Madam Speaker, I rise today in honor of do many, many others. IN THE HOUSE OF REPRESENTATIVES Women’s Heritage Month to commend the ac- Madam Speaker, on behalf of myself, my complishments of two astonishing black staff, and all of our colleagues in Congress Tuesday, March 11, 2008 women, Dr. Beverly Mitchell Brooks and Ms. who have benefited from his guidance and ad- Mr. SPACE. Madam Speaker: Nellie Ruth Riley Lewis of Dallas, Texas. vice, it is my honor to recognize Tom Graff. Born, raised and educated in south Dallas, f Whereas, Zane State College in Zanesville, Ms. Mitchell-Brooks received a master’s de- Ohio, has achieved the distinction of being gree in genetics from Texas Woman’s Univer- HONORING GAIL SWARD ranked the 9th Best 2-Year College in the Na- sity in Denton, Texas, becoming the first Afri- tion, as reported by Washington Monthly mag- can-American to achieve the degree in pure HON. GEORGE RADANOVICH azine. science from the school. In 1990, she became OF CALIFORNIA Whereas, this ranking is based on Zane the first woman to head the Urban League of IN THE HOUSE OF REPRESENTATIVES State College’s graduation rates that are ap- Greater Dallas, which has set the path for fu- Tuesday, March 11, 2008 proaching three times the national average ture generations of young women. Under her and on student feedback as collected in the leadership, the Urban League built its first per- Mr. RADANOVICH. Madam Speaker, I rise Community College Survey of Student En- manent headquarters and state of the art tech- today to honor the life of Gail Nanette Sward gagement, which measures how well the Na- nology center in the heart of Oak Cliff. for her dedication to her family, business and tion’s 2-year colleges use teaching techniques Currently serving as president and CEO of community. Mrs. Sward passed away at her that lead to better learning; and the Urban League of Greater Dallas, Dr. home in Oakdale CA, surrounded by her fam- Brooks has also served as executive director Whereas, 43 percent of all college freshmen ily on Sunday, March 2, 2008. of the Greater Dallas Community Relations begin their education at 2-year institutions, Gail Sward was bom and raised in Commission, director of public affairs for Dal- which is an important reason for comparing ef- Stanislaus County; she attended Turlock las Area Rapid Transit, and director of the fectiveness and student experiences at 2-year schools and graduated from Turlock High Martin Luther King Center. colleges; and School in 1959. On March 1, 1966, Sward I pay tribute to another prominent Dallas Trucking began operating out of Oakdale, as Whereas, Zane State College’s academic community leader, my dear friend who left us a sole proprietorship and became a California challenge, high student-faculty interaction, on March 1, 2008, Nellie Ruth Riley Lewis. Corporation on September 1, 1977. Mrs. support for learners, and above-average grad- Throughout her life, Nellie Lewis was a well- Sward was the co-founder of Sward Trucking uation rates are testaments to Zane State Col- known, respected figure in Dallas who leaves and helped to build it from the ground up. lege’s impressive ability to meet the needs of behind a legacy of accomplishments that will Today Sward Trucking operates 50 tractors its students, many of whom are the first in be remembered for years to come. and 100 trailer units to transport a number of their families to ever attend college; and Mrs. Lewis moved to Dallas in 1977 with her commodities including: lumber, roofing, insula- Whereas, collaborative support from the late husband Dr. Lewis, where they were both tion and related building materials, corrugated community surrounding Zane State College employed with the Dallas Independent School paper, waste paper, glass containers, empty has played an important role in the success of District. During her 20 years with DISD, Mrs. cans, plastic bottles, case goods and plastic these students as well; and Lewis’ duties included serving as an instruc- pipe. The company transports goods through- tional specialist, a curriculum coordinator and Whereas, Zane State College’s well-de- out California, Arizona, Nevada, Oregon and an area director. She also served as director served ranking is also due to the highly effec- Washington. Mrs. Sward was only more dedi- of learning services, the administrative assist- tive leadership demonstrated by its president cated to one other thing in her life, her family. ant to four superintendents and supervisor to and its supportive boards. Thanks to this lead- Mrs. Sward was a mother, a business- a group of 10 elementary school principals. woman, a community advocate and leader. ership, and to a philosophy of ‘‘personal In 1997, Mrs. Lewis received the Charles D. She was a past president of the Oak Valley touch’’ demonstrated by faculty and staff, Moody Founder’s Award, presented by the Hospital Foundation, past president of OLGA, Zane State College has rightfully earned its National Alliance of Black School Educators. director and past president of the Stanislaus rank as one of the best 2-year colleges in As our Nation experiences great technological County Fair Board. She was also a board America; and be it innovation and success in the global market, member of Private Industry Council and past Resolved, that along with its friends, family, the value of an education takes on even great- president of the Oak Valley Hospital Board. and the residents of the 18th Congressional er importance. Mrs. Lewis has exhibited the She has been honored for her services in a District, I commend and thank Zane State Col- characteristics we seek in our educators, number of ways. In 1996 Mrs. Sward was a lege for its outstanding service to students, school administrators, and community activ- delegate to the Republican Convention. In families, and the Zanesville community. Con- ists. 1998 she was named the Stanislaus County gratulations to Zane State College on its rank- On behalf of the 30th Congressional District Outstanding Woman of the Year and the 1999 ing as number 9 among 2-year colleges in the of Texas, I am honored to recognize and com- Legislative Woman of the Year. U.S. mend these two prominent women Dr. Beverly

VerDate Aug 31 2005 06:41 Mar 12, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A11MR8.014 E11MRPT1 smartinez on PRODPC61 with REMARKS March 11, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E353 Mitchell Brooks and Ms. Nellie Ruth Riley tion Equity Act of 2007. As a former social tained his bachelor’s degree in engineering Lewis of Dallas, Texas. worker serving in the United States Congress, and master’s degree in business administra- f I am a proud cosponsor of this bill and am tion from Stanford University, before beginning pleased to see it passed in the House of Rep- his career as manager of irrigation science for HONORING TANYA MARTIN OUBRE resentatives. the Toro Company. He was elected to serve PEKEL In my previous career, I worked with people as a Western board member from 1978 to affected by mental illnesses and substance 1995, and served as Western’s representative HON. KENDRICK B. MEEK abuse. Having seen the devastating effects on the board for the Metropolitan Water Dis- OF FLORIDA these illnesses have on people’s lives and trict of Southern California since 1993. IN THE HOUSE OF REPRESENTATIVES their communities, I am glad my fellow Mem- Terry was appointed to many Metropolitan Tuesday, March 11, 2008 bers of Congress also recognize that mental committees during his years representing health services are absolutely critical to help- Western’s interests, including serving as chair- Mr. MEEK of Florida. Madam Speaker, ing individuals regain control over their lives. today I rise to pay tribute to the life and legacy man of the finance and insurance committee, For years, people with mental illnesses have engineering and operations committee, land of the late Tanya Martin Oubre Pekel of faced restrictions on the number of visits they Miami, Florida. committee, committee on legislation, sub- can make to their providers and financial limi- committee on annexations, the facility naming On Monday, May 22, 2006, this great pio- tations which are either too restrictive or too neering young woman succumbed to a nearly ad hoc committee, and the electric industry re- costly for them to receive the treatment they structuring ad hoc committee. 3-year battle with breast cancer at the age of require. With this bill, we empower people to 41. Her untimely passing will truly leave a seek the help and support they need. By help- Terry is an active member of the Associa- deep void in our midst. ing make mental health services more acces- tion of California Water Agencies; he has also A native of Miami, Mrs. Martin Pekel was sible, we aid people to take a very important served as director of its municipal water dis- born on October 3, 1964. She graduated with step toward overcoming the technical and so- trict section, its Joint Powers Insurance Au- honors from North Miami Senior High School. cial psychological barriers surrounding mental thority board, its executive committee, and as During that time she served as a page for health. a member of its directors and building com- U.S. Representative William Lehman and Mental illnesses, like most other medical mittee. worked as a clerk for attorney H.T. Smith. conditions, can be alleviated with treatment. Terry’s tireless passion for community serv- Later, she earned a bachelor’s degree from When left untreated, these illnesses worsen ice has contributed immensely to the better- Duke University, and in 1989 she received her and become a larger burden for the affected ment of the community of Riverside, Cali- juris doctorate from Duke’s School of Law. person. Because treatment is available and ef- fornia. I am proud to call John a fellow com- Mrs. Martin Pekel continued on to work as fective, it is a great injustice to allow financial munity member, American and friend. I know a corporate attorney before being appointed a and procedural restrictions to become yet an- that many community members are grateful White House Fellow by President Clinton in other barrier people with mental illnesses have for his service and salute him as he ends his 1995. Under this appointment, she became an to overcome. Therefore, it is reasonable and term. associate director of Education and Policy fair that these illnesses receive the similar Planning in the White House. In 1999, she ac- type of attention and medical coverage as f cepted the position of Chief of Staff to Super- other health conditions. intendent Patricia Harvey of Saint Paul Public Mental health is a fundamental element of A PROCLAMATION HONORING Schools in St. Paul, Minnesota and served in overall health wellness which has not been HOCKING COLLEGE FOR THE RE- the position for 6 years. In 2003, she was fully recognized in the past. I am confident this CEIPT OF THE 2008 COUNCIL FOR named one of that city’s up and coming lead- bill will make it possible for millions of people HIGHER EDUCATION ACCREDITA- ers. to improve their quality of life. I commend my TION AWARD Her commitment to public service and her colleagues for making this a reality for many community was evident from a young age. of their constituents. Throughout her life, she taught music, drama, f HON. ZACHARY T. SPACE dance, and Sunday school to children in an OF OHIO inner-city ministry. In addition, she volunteered TRIBUTE TO JOHN M. ‘‘TERRY’’ as a tutor and mentor for at-risk youth. MYLNE IN THE HOUSE OF REPRESENTATIVES Tanya Martin Oubre Pekel’s life was a tri- Tuesday, March 11, 2008 umph. She was blessed with a loving family HON. KEN CALVERT who took pleasure in every aspect of her life OF CALIFORNIA Mr. SPACE. Madam Speaker: and her interests. Though she was taken from IN THE HOUSE OF REPRESENTATIVES Whereas, Hocking College celebrates its re- them far too early in her life, memories of her Tuesday, March 11, 2008 ceipt of the 2008 Council for Higher Education will live on in the heart of her family forever. Accreditation Award with great joy; and I pay tribute to Mrs. Martin Pekel, and I Mr. CALVERT. Madam Speaker, I rise today mourn her loss. She will be missed by all who to honor and pay tribute to an individual Whereas, this recognition is the result of knew her. I offer my heartfelt condolences to whose dedication and contributions to the what a hard-working people began in 1969; her family—her mother, Marcia Saunders; fa- community of Riverside, California, are excep- and ther, Montez Martin Jr.; husband, Kent; daugh- tional. Riverside has been fortunate to have Whereas, Hocking College has unwaver- ters, Lauren and Victoria; son, Adam; sisters, dynamic and dedicated community leaders ingly served Ohio, its citizens, and the higher Terrie Rayburn and Emily Martin; brother, who willingly and unselfishly give their time education community by providing higher edu- Montez C. Martin III; and grandmother, Elise and talent and make their communities a bet- cation within the State of Ohio; and Martin. ter place to live and work. John ‘‘Terry’’ Mylne Whereas, Hocking College has availed itself f is one of these individuals. On December 30, to prepare students in a more comprehensive 2007, John’s term representing Western Mu- PAUL WELLSTONE MENTAL manner to adapt to the needs of an increas- nicipal Water District on the Metropolitan ingly technical and communicably diverse HEALTH AND ADDICTION EQUITY Water District board of directors ended. He ACT OF 2007 working society by voluntarily incorporating was recently recognized for his dedicated communications requirements into its cur- service and retirement at a December board riculum; and SPEECH OF meeting of the Western Municipal Water Dis- trict. Whereas, Hocking College looks forward to HON. CIRO D. RODRIGUEZ continuing service to the citizens of Ohio and OF TEXAS A fourth generation Riverside native, Terry providing outstanding examples of higher edu- IN THE HOUSE OF REPRESENTATIVES Mylne represented the District for 29 years. He served as a Western board member from cation; be it Wednesday, March 5, 2008 1978 to 1995 and was on the Metropolitan Resolved, that along with its friends, family, Mr. RODRIGUEZ. Mr. Speaker, today I wish board representing Western since 1993. and the residents of the 18th Congressional to express my strong support for H.R. 1424, Prior to and during his tenure with the Dis- District, I congratulate Hocking College for its the Paul Wellstone Mental Health and Addic- trict, Terry excelled in every endeavor. He ob- service, dedication and award.

VerDate Aug 31 2005 06:41 Mar 12, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A11MR8.017 E11MRPT1 smartinez on PRODPC61 with REMARKS E354 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2008 CONGRATULATING THE UNIVER- At the invitation of the late Archbishop Kyrill Norbert Sanders, M.D., founder of the Armory SITY OF KANSAS FOOTBALL Yonchev and the late Mrs. Pena Evanoff, one Foundation. This race features teams of high TEAM FOR WINNING THE 2008 of the founders of the St. George Bulgarian school students competing for trophies and FEDEX ORANGE BOWL Church in Toledo, Ohio, he immigrated to the awards. Winners receive $500, to be donated United States in August of 1975. He served to their high school sports programs. SPEECH OF the small immigrant church community until Coogan’s Annual Salsa, Blues & Shamrocks HON. NANCY E. BOYDA his retirement in August of 1995. Father 5K Run was founded in 1998 by the managing OF KANSAS Dimitroff was a very friendly person who en- partners of Coogan’s Restaurant: David Hunt, IN THE HOUSE OF REPRESENTATIVES joyed talking to people from all walks of life. Peter Walsh, and Tess O’Connor McDade. He loved reading, especially Balkan history This five kilometer running party has been an Monday, March 10, 2008 and politics, and was an avid soccer fan who extraordinary event ever since, packed with Mrs. BOYDA of Kansas. Madam Speaker, I loved watching all kinds of sports on tele- the pulse and flavors of one of New York rise today to introduce House Resolution 948, vision. He beautified his home and community City’s most diverse neighborhoods. which honors the University of Kansas football by being a masterful gardener. His church On the 10th anniversary of this momentous program on their recent victory at the Orange housed a lush gorgeous garden full of flowers, race, I congratulate and offer my best wishes Bowl and their most successful year in pro- especially tulips and roses. for the continued success of the race and its gram history. In the summer of 1992 he fulfilled a dream organizers. What began as a run to help chil- On January 3, the KU football team won the to return to Bulgaria for a visit to his brother dren do better in school has become a re- 2008 FedEx Orange Bowl, marking their first after a 48-year separation. Four years later, in markable accomplishment that should inspire major bowl victory in university history. Lead- 1996, through the generous hospitality of Mr. other communities across our great Nation to ing up to the bowl game, the team placed 12 and Mrs. George Lutikoff, he was able to re- pursue similar goals with devoted persistence. wins on their roster, setting a new school visit his family in his beloved Istanbul to spend f record for wins in a season. KU also reached a wonderful vacation among the members of the number two spot of the AP national poll, IN HONOR OF REGINA WERDER the Bulgarian community residing there. O’CONNOR which marked the highest national ranking that It is with the deepest appreciation that I pay the program has ever received. tribute to the long life of a good, patient and Among their athletic accomplishments this kind man, the Very Reverend Father HON. ROY BLUNT season, the team also produced three stu- Venseslav Dimitroff. He lived his years in serv- OF MISSOURI dents who received All-American titles for their ice to his family, friends, and our Toledo com- IN THE HOUSE OF REPRESENTATIVES performances on the field and two other stu- munity. May God welcome ‘‘Ven’’ home; a Tuesday, March 11, 2008 dents who were Academic All-American recipi- good and faithful servant. May He shower him Mr. BLUNT. Madam Speaker, I rise today to ents. Head Coach Mark Mangino also re- royally with blessings into eternity and bestow honor Regina Werder O’Connor on her 90th ceived multiple national Coach of the Year upon him a loving peace. birthday. It has been my pleasure to know and honors. f work with her granddaughter, Kathleen O’Con- Please join me in recognizing these accom- nor, who has told me about her grandmother’s plishments and congratulating KU on their PAYING TRIBUTE TO ‘‘COOGAN’S ANNUAL SALSA, BLUES & SHAM- wonderful 90 years. amazing victories this season. It’s important in this day and age for chil- ROCKS 5K RUN’’ ON ITS 10TH AN- f dren to grow up in a strong family environ- NIVERSARY HONORING THE VERY REVEREND ment. Gina made sure that her four children VENSESLAV DIMITROFF grew up in a home that valued hard work, de- HON. CHARLES B. RANGEL votion to their Faith, and love for the Buffalo HON. MARCY KAPTUR OF NEW YORK Bills. Her children have now passed these val- IN THE HOUSE OF REPRESENTATIVES ues on to her many grandchildren, and now OF OHIO Tuesday, March 11, 2008 great-grandchildren. IN THE HOUSE OF REPRESENTATIVES Gina has also been a blessing to her com- Tuesday, March 11, 2008 Mr. RANGEL. Madam Speaker, today I rise to ask my colleagues to join me in recognizing munity. She sacrificed many hours in service Ms. KAPTUR. Madam Speaker, I rise today Coogan’s Restaurant’s 10th Annual Salsa, to the high schools her children attended. She to recognize the Very Reverend Father Blues & Shamrocks 5K Run, a local institution has been a devoted and faithful parishioner of Venseslav Dimitroff of Toledo, Ohio. in my district that was founded on the premise her beloved St. Mark’s Parish for which, over The Very Reverend Father Venseslav that ‘‘kids who run, do better in school.’’ the past several decades, she has sent out Dimitroff, a wise and faithful servant who Coogan’s Annual Salsa, Blues & Shamrocks weekly parish bulletins to shut-in parishioners. shepherded his family and his community 5K Run is a celebration of the strong commu- She has also been a long-time volunteer at around the world, departed this life on nity ties and rich cultural diversity of northern Sister’s Hospital where she finds time to not Wednesday, February 27, 2008. A beacon of Manhattan. The scenic route circles the his- only help those at the ‘‘Welcome’’ desk but hope and service to his Toledo community, he toric Cloisters and returns to 169th Street. The also to help ‘‘the old people’’ she sees there. will be sincerely missed by all. He was born New York City Road Runners Organization, Gina is a true pillar in the community. Her on July 12, 1923, in Bourgas, Bulgaria. He organizers of the New York City Marathon, devotion to her family and commitment to spent his early childhood in Edirne, Turkey calls this ‘‘the best road race outside of Cen- helping others are examples to us all. where his late father, the Very Reverend tral Park.’’ I would like to ask this House to extend best Mihail Dimitroff was the principal of the former More than 2,500 runners of all ages includ- wishes for her upcoming birthday on March ‘‘Peter Beron’’ Bulgarian high school and his ing world class competitors along with local 21st and for many, many more. May her com- mother, the late Ekaterina, a teacher. His fam- celebrities participate in the race. A collage of ing year be filled with happiness and good ily moved to Plovdiv, Bulgaria, when he was 7 over 20 different musical groups including gos- health. years old and he stayed there until 1944, few pel, bagpipes, meringue, salsa, and brass f days before the Communist takeover of the bands will serenade the runners along the A PROCLAMATION HONORING THE country. He had to leave his homeland again route. Hundreds of kids running their hearts 100TH ANNIVERSARY OF THE and move to Istanbul, Turkey. He served in out all receive their Olympic style medals JOHN MCINTIRE LIBRARY CAR- the Turkish Military for 4 years. He married awarded by local firefighters and policemen. NEGIE BUILDING Marina Veneziani on November 7, 1955, at Races ‘‘within the race’’ include the Captain Sveti Stefan Bulgarian Church where his fa- Frederick Ill, Jr. Uniform Services Race cre- ther had become an Orthodox priest. He was ated in memory of a local firefighter who lost HON. ZACHARY T. SPACE OF OHIO ordained to the priesthood himself in March of his life in the World Trade Center attacks on IN THE HOUSE OF REPRESENTATIVES 1961 by the Greek Orthodox Patriarchate of September 11, 2001. Participants from the Constantinople. He was elevated to Cross- Fire Department, Police Department, and Uni- Tuesday, March 11, 2008 bearing Archpriest in May of 1973 by the Pa- formed Services will compete for the Captain Mr. SPACE. Madam Speaker: triarch Maxim of Bulgaria. He served at St. Frederic Ill, Jr. FDNY Victory Cup. Whereas, the dedicated people of the John John of Rila Church in the Bulgarian Another race within the race is the Norbert McIntire Library Carnegie Building celebrate Exarchate in Istanbul until July of 1975. Sander High School Open named after Dr. the 100th anniversary with great joy; and

VerDate Aug 31 2005 06:41 Mar 12, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A11MR8.021 E11MRPT1 smartinez on PRODPC61 with REMARKS March 11, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E355 Whereas, occasions such as these illustrate The coaching staff of the Tehachapi High PERSONAL EXPLANATION to us the dedication and the support of the School Warriors helped to lead the team many in preserving history and information for throughout this incredible season. The Warrior HON. TED POE the public; and head coach is Steve Denman. In the playoffs, OF TEXAS Whereas, it is the fond wish of this body Coach Denman claimed the distinction of hav- IN THE HOUSE OF REPRESENTATIVES that you will continue to preserve this history ing the most wins of any head coach in the Tuesday, March 11, 2008 in its State memorial to demonstrate the im- history of football in Kern County with 223 vic- portance of knowledge, freedom of informa- tories. The Warriors’ assistant coaching staff Mr. POE. Madam Speaker, due to other tion, and education. It is also the wish of this included Bill Carll, Pat Snyder, Dennis congressional business, I unfortunately missed body that you maintain your stand as a sym- Ruggles, and Chris Olofson. Roger Davis and recorded votes on the House floor on bol to this generation that our strength lies in Derek Thompson were the medical staff for Wednesday, March 5 and Thursday, March 6, our knowledge and history and the the team, and team videos were handled by 2008. I ask that the RECORD reflect that had I entwinement therefore, so that we may never Larry Campbell. forget the past; be it been able to vote that day, I would have voted All of the components of the Tehachapi Resolved, That along with the residents of ‘‘nay’’ on rollcall votes Nos. 94, 95, 96, 99, High School Warriors varsity football team the 18th Congressional District, I commend 101, 103, 104, 106, and 107 and ‘‘yea’’ on the Friends of the Library for your unwavering came together in this championship season. rollcall votes Nos. 97, 98, 100, 102, and 105. Their stellar teamwork, combined with months commitment, recognizing that all great f achievements come from great dedication. of physical and mental training, enabled the RENEWABLE ENERGY AND EN- With great appreciation and respect, we rec- Warriors to win this Valley Championship. I ERGY CONSERVATION TAX ACT ognize the tremendous impact this library has am sure that this experience will benefit these (H.R. 5351) had in the community and in the lives of those young men long after their high school grad- people you have touched. uation. f On behalf of the residents of the 22nd Con- HON. BETTY McCOLLUM gressional District, I commend the Tehachapi OF MINNESOTA CONGRATULATING THE TEHA- High School Warriors on winning the 2007 IN THE HOUSE OF REPRESENTATIVES CHAPI HIGH SCHOOL WARRIORS Valley Championship. I know the parents, Tuesday, March 11, 2008 VARSITY FOOTBALL TEAM teachers, neighbors, and fans in our commu- Ms. MCCOLLUM of Minnesota. Madam nity will remember this season for many years HON. KEVIN McCARTHY Speaker, I rise today to urge my colleagues to to come. join me in supporting the long overdue Re- OF CALIFORNIA newable Energy and Energy Conservation Tax IN THE HOUSE OF REPRESENTATIVES f Act. The American people have demanded Tuesday, March 11, 2008 105TH ANNIVERSARY OF that Congress change our national energy pol- Mr. MCCARTHY of California. Madam SANDOVAL COUNTY, NEW MEXICO icy; we must prioritize clean energy over Speaker, I rise today to honor the Tehachapi greenhouse gas emitting fuels, and support High School Warriors varsity football team. entrepreneurial American energy producers The Warriors have won the 2007 California HON. HEATHER WILSON over oil companies posting record profits. Interscholastic Federation Central Section Di- H.R. 5351 extends tax credits for renewable OF NEW MEXICO vision III championship, also known as the energy production and pays for them by re- Valley Championship. IN THE HOUSE OF REPRESENTATIVES pealing large subsidies for oil and gas cor- The championship game took place on Fri- Tuesday, March 11, 2008 porations. The domestic green energy sector day, November 30, 2007. The Warriors de- creates thousands of high-paying jobs each feated Foothill High School, 33-28, in its last Mrs. WILSON of New Mexico. Madam year and has seen tremendous growth re- game of the season to win the championship. Speaker, Sandoval County, New Mexico cele- cently except when Congress has let these in- Victory wasn’t sealed until the final minutes of brated its 105th anniversary yesterday, March centives expire. Congress must provide this the fourth quarter. The Warriors, finishing the 10, 2008. Please join me in recognizing the industry the support and consistency it needs season with a record of 12-1, won their ninth historical importance and many achievements to become a major supplier of both energy CIF championship averaging 33 points per and contributions the residents of this county and jobs. game, giving this year’s team the fourth high- have provided the State of New Mexico. This legislation also gives a tax break to est alltime points per game in the 78-year his- Sandoval County was a thriving area cen- consumers who purchase a hybrid vehicle and tory of Mountain Football. Additionally, in its turies before Don Francisco de Coronado ex- ends the perverse incentive to purchase gas- 13 games, the team completed 4,443 yards of plored the area and first made camp near guzzling SUVs. If our Nation’s automakers are offense and scored 62 touchdowns. present-day Bernalillo in 1540 A.D. Prehistoric to remain competitive, we must end the poli- I want to extend my congratulations to the artifacts in many areas of the county date cies that encourage production of the cars of Tehachapi High School Warriors student ath- back thousands of years, with archaeological yesterday—cars that cost more to own and letes for their impressive championship win finds suggesting that Sandı´a Man lived and take a higher toll on our planet. and their strong 2007 season. The 2007 roster hunted in the area thousands of years ago. Many on the other side of the aisle have de- included Justin Hansen, Kurtis Knudson, cried this legislation under the false assump- The area, consisting of modern-day Franky Rodriguez, Ehren Ochsenrider, Dan tion that it will raise gas prices at the pump, Sandoval County, was included in one of two Rakowski, Garrett Coontz, Josh Schulgen, that it will discourage domestic exploration and partidos, or districts, created in the New Mex- Nick Howell, Derek Lange, Neal Herman, production. They say this even though Presi- ico territory. It became part of Santa Ana Jesse Olofson, Tyler Hack, Steve Miller, Zach dent Bush—at a time when the cost of oil was County. One of seven political subdivisions Maravigli, Zeke Saavedra, Chris Marsik, J.J. half of what it is today—asserted that such created in 1852, Sandoval County was first Balkar, Will Clark, Adam Mullen, Richie Mei- subsidies were not necessary to spur domes- established as a separate entity on March 10, ster, Josh Strauss, Kelly Lorenz, Jeff tic oil and gas exploration and production. The 1903, nine years before New Mexico’s state- Waldram, Austin Herman, Angelo Loli, Matt record oil prices of over $100 per barrel— hood. The area that forms Los Alamos County Henry, Louie Olofson, Byron Herman, Jason leading to gas prices headed toward $4 per was separated from Sandoval County in 1949. Hail, Marshall Pearson, John Cramer, Damian gallon—are more than enough of an incentive. Rodriguez, Joey Hack, Alek Taliulu, Matt Sandoval County boasts historical sites In fact, these tax breaks for big-oil take Santos, Jonathan Perrien, Vince Ortiz, Cam- such as Coronado State Park, Bandalier Na- money, even failed to lower gas prices when eron Hood, Dominic Chavarria, Cody Rogers, tional Monument, the Ceremonial Caves Trail, they were implemented, and today serve only Eric Harroun, Kevin Ruiz, Brent Hanes, Jemez Springs, Casa San Ysidro, the historic to redistribute billions of dollars from hard- Humberto Silva, John King, Jimmy Lopez, Delavy House, the Vintage Auto Museum, and working American families to literally five cor- Marcus Abarquez, Ryan Rubi, Drew Howell, the Intel Museum. porations, including Exxon, which recently re- Steve Brass, Luke Papac, Geo Higareda, Mike Sandoval County is one of the most geo- ported higher profits than any other company Gonzalez, Tucker Kill, Phil Smith, Chris graphically and culturally diverse areas in the in history. Fimbres, Shawn Pimentel, and Jon Nation. Congratulations on your 105th anniver- In a time of an uncertain economic outlook, Castelblanco. sary. it is more critical than ever that we invest in

VerDate Aug 31 2005 06:41 Mar 12, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K11MR8.008 E11MRPT1 smartinez on PRODPC61 with REMARKS E356 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2008 the energy sources and industries of tomor- Capital Area on March 18, 2008, will present speech. Throughout his illustrious career, row, and address the realities of climate to Attorney Ralph J. Temple their Annual Alan Ralph Temple has been a steadfast defender change, rather than continue down the mis- and Adrienne Barth Award for exemplary vol- of the Constitution, the Bill of Rights and espe- guided path of President Bush and the pre- unteer service. Alan Barth was a founder of cially our First Amendment Freedoms, even vious Republican Congresses—a path that the ACLU–NCA, and Adrienne Barth was an when the causes he defended may not have has led us to an unprecedented dependence ACLU activist in her own right, a regular week- been popular. It is fitting, therefore, that the on foreign oil, skyrocketing gas prices, and ly legal intake volunteer for decades. ACLU of the National Capital Area recognize economic recession. Legions of friends, fellow lawyers, past cli- Ralph with the Barth Award. There are many Once again, I urge passage of this legisla- ents and others, who have been so inspired, wonderful things about America. tion—legislation with broad support from in- over the years, by the bold, trailblazing and f dustry, the environmental community, and trend-setting efforts of Ralph Temple are ex- even power companies—and I thank Speaker pected to gather at the luncheon. His defense CONGRATULATING THE BAKERS- FIELD HIGH SCHOOL DRILLERS PELOSI and Chairman RANGEL for making en- in particular of matters involving the first ergy security a priority for the 110th Congress. amendment is noteworthy and typified his ten- VARSITY FOOTBALL TEAM f ure with the ACLU and in other venues. In April 2000 in connection with DC police HON. KEVIN McCARTHY PAUL WELLSTONE MENTAL mass arrests of World Trade protesters, Ralph OF CALIFORNIA HEALTH AND ADDICTION EQUITY prepared a series of memoranda presenting a IN THE HOUSE OF REPRESENTATIVES ACT OF 2007 strategy for challenging mass arrests, based Tuesday, March 11, 2008 on ACLU–NCA’s 1960s and 1970s victories SPEECH OF Mr. MCCARTHY of California. Madam against the mass arrests of anti-Vietnam war Speaker, I rise today to honor the student ath- HON. TIMOTHY WALBERG protesters. Those memoranda were supportive letes and coaches of the Bakersfield High OF MICHIGAN of litigation culminating in the unprecedented School Drillers varsity football team on winning IN THE HOUSE OF REPRESENTATIVES 2004 settlement in Abbate v. Ramsey, requir- the 2007 California Interscholastic Federation Wednesday, March 5, 2008 ing across the board reform in DC police mass Central Section Division I title. demonstration policies and practices. In De- Mr. WALBERG. Mr. Speaker, I rise today to On Friday, November 30, 2007, the Drillers cember 2003 Ralph wrote the ACLU–NCA’s express concerns with H.R. 1424, the ‘‘Paul defeated Clovis West High School 19–16 in its report, ‘‘The Policing of Demonstrations in the Wellstone Mental Health Addiction and Equity last game of the season to win the title. This Nation’s Capital: A Misconception of Mission Act of 2007.’’ First, let me say I am a strong was truly an outstanding achievement to wrap and a Failure of Leadership.’’ On December supporter of providing mental health parity and up a near perfect season, a season where the 17, 2003, his report was presented to the Dis- was pleased to support the alternative in the Drillers finished with a record of 13–1. The trict of Columbia Council along with Ralph’s House Education and Labor Committee during Driller victory marked the 34th Central Section 11⁄2 hours of testimony as a special witness, mark-up. Senate bill 558 is a reasonable ap- football championship for Bakersfield High and significantly contributed to the council’s proach that will protect consumers and insur- School. Driller football fans, students and the enactment of the Police Standards Act of ance providers alike and why it passed the Bakersfield community were treated to an ex- 2004, the Nation’s most profound legislation Senate under unanimous consent. Unfortu- citing championship game where in the fourth restricting police conduct during mass dem- nately, the bill under consideration today in the quarter with a tied score and 25 seconds left, onstrations, legislation that has helped to illu- House constitutes a costly employer mandate the Drillers’ skill, training, hard work, and minate the vital importance of free speech to that has the potential to increase costs, lead- athleticism paid off with an emotional 43-yard our constitutional Government. ing to decreased coverage. The Congressional field goal victory. In 1975, he was involved in A Quaker Ac- I want to extend my congratulations to the Budget Office estimates H.R. 1424 would im- tion Group v. Morton, 7-year litigation, that Bakersfield High School Drillers student ath- pose mandates on private insurance compa- produced five opinions by the U.S. Court of letes for their impressive championship win nies totaling $3 billion annually by 2012. Appeals and culminated in invalidating restric- and 2007 season. The 2007 roster included These costs will ultimately hit employers offer- tions the Government tried to impose on dem- Tim Etcheverry, Emanuel Turner, Matthew ing health insurance and employees seeking onstrations at the White House. In 1972, he Varvel, Alfonso Jackson, Marcus Nelson, Alex to obtain coverage. was involved in Jeannette Rankin Brigade v. Mitchell, George Ming, Craig McMahon, Dono- Furthermore, I am concerned with using a Chief of the Capitol Police, wherein the Court van Littles, Peter Mitchell, Mark Durando, substantial increase in the Medicaid prescrip- invalidated a statute prohibiting demonstra- Cooper Damron, Jerek Johnson, James Diaz, tion drug rebate as one of the offsets to pay tions at the U.S. Capitol, based on the record Jesus Mora, Emmanuel Ojeriakhi, Vince Van for this legislation. This increase raises the established by the ACLU in U.S. v. Nicholson. Horne, Demitri Katsantonis, Criston Moore, Ir- basic rebate on innovator brand pharma- He was involved in Women Strike for Peace v. ving Gant, Johnny Noorwood, Kenneth Wal- ceutical companies by 33 percent. Increasing Morton, a case that forced the Government to lace, Anthony Padilla, Sean Andrew, Louie Mi- the discounts prescription drug manufacturers allow protest activities and displays in Federal randa, Emilio Cantu, Tevin Jackson, Johnny already provide the government under Med- parks on the same basis that civic or religious DePina, Kyle Billington, Collin Ellis, Mitch icaid could stifle innovation in the development activities and displays are allowed, and in Sul- Knoy, Joel Turrubiates, Johnny Ghilarducci, of future treatments. My constituents yearn for livan v. Murphy, another of Ralph’s cases, the Peter Welsh, Jake Hunt, Vincent Morales, the latest breakthrough therapies for cancer, Court enjoined prosecution of 14,517 people Jacob Miller, Jason Erickson, Blake Pursel, Alzheimer’s, diabetes, and so many other dis- arrested during anti-Vietnam war protests dur- Joe Benyon, Jamaal Littles, Patrick Parker, eases. We owe it to them to encourage that ing May Week 1971, the largest mass arrests Saige White, Charles Anderson, Keith Fingers, innovation and not hinder its development with in American history, and ordered Christian Selby, Stephen Schroeter, Chris federal legislation. These are just two examples of why we expungement of arrest records. Landa, Gabriel Cardenes, Mark Van Kopp, In 1971, he was involved in Dellums v. Pow- should oppose H.R. 1424. I would urge my Joshua Rojas, Max Heflin, Dakota Velasquez ell, McCarthy v. Kleindienst, Knable v. Wilson colleagues to support the reasonable alter- and Jeovany Nunez. and Tatum v. Wilson, wherein the ACLU won I also want to congratulate the coaching and native House Republicans will bring to the a class action jury verdict in Dellums, judge support staff who helped lead the team to its floor today. verdict in Tatum, and obtained settlements in championship season. The Driller head coach f the other cases, recovering over $5 million in is Paul Golla and his coaching team includes RALPH TEMPLE TO RECEIVE damages for the wrongful arrests in May Sean McKeown, Chris Rzewuski, Lance ACLU–NCA BARTH AWARD Week 1971; and in Washington Mobilization v. McCullah, Kirk Erickson, Josh Canales, Clint Cullinane, another of Ralph’s cases, a three- Tobias, Gus Theodore, Pete Mitchell, John HON. G.K. BUTTERFIELD judge panel of the Court of Appeals reversed Bumerts, Chad Stoner, and Adam Levinson. OF NORTH CAROLINA an injunction against police sweep arrests, in- Supporting the team is Dean of Athletics Jeff IN THE HOUSE OF REPRESENTATIVES discriminate violence, and protracted booking Scott, Physical Therapist Kurt Wingate, Dr. procedures. Nick Valos, Trainer Big Joe and Trainer Steve Tuesday, March 11, 2008 Madam Speaker, censorship has never Johns. Mr. BUTTERFIELD. Madam Speaker, the been the best answer to bad speech. The best Participation in athletics is a wonderful com- American Civil Liberties Union of the National answer is more speech, good speech, free ponent of a high school education because it

VerDate Aug 31 2005 06:41 Mar 12, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A11MR8.026 E11MRPT1 smartinez on PRODPC61 with REMARKS March 11, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E357 provides opportunities for leadership, team- Thomas Jefferson said, ‘‘The care of human have stated my sincere conviction that this bill, work and competition. The months of physical life and its happiness and not its destruction is if signed into law, will result in increased over- and mental training and the teamwork that the chief and only object of good govern- all health care costs, increased mental health was required to win this Central Section Divi- ment.’’ costs, and decreased mental health coverage sion I title will benefit these young men long The phrase in the 14th amendment capsul- for many Americans. Let me share just a few after their high school graduation. izes our entire Constitution. It says: ‘‘No state more problems with this well meaning but mis- On behalf of the residents of the 22nd Con- shall deprive any person of life, liberty or prop- guided legislation. gressional District, I once again commend the erty without due process of law.’’ Madam I am concerned with the use of a 33 percent Bakersfield High School Drillers on winning Speaker, protecting the lives of our innocent increase in the Medicaid prescription drug re- the 2007 Central Section Division I title. I am citizens and their constitutional rights is why bate as one of the offsets to pay for this legis- very proud of the accomplishments of the we are all here. It is our sworn oath. lation. This represents a significant increase. 2007 Drillers football team, and I know the The bedrock foundation of this Republic is In fact, it hits the innovator pharmaceutical parents, teachers, neighbors and fans in our that clarion Declaration of the self-evident truth companies almost double what we might think. community will remember this season for that all human beings are created equal and While we might have the cost of mental health many years to come. endowed by their creator with the unalienable parity offset by about $1.7 billion over 5 years, f rights of life, liberty and the pursuit of happi- that is $1.7 billion to the Federal Government. ness. Every conflict and battle our Nation has The cost to the research pharmaceutical com- PERSONAL EXPLANATION ever faced can be traced to our commitment panies is nearly double that amount because to this core self-evident truth. It has made us their rebate is split between the Federal Gov- HON. THOMAS H. ALLEN the beacon of hope for the entire world. It is ernment and the States. This is a double hit OF MAINE who we are. to an industry that Americans rely on to find IN THE HOUSE OF REPRESENTATIVES And yet Madam Speaker, another day has life-saving treatments for cancer, Parkinson’s passed, and we in this body have failed again disease, HIV/AIDS and mental illness. Tuesday, March 11, 2008 to honor that foundational commitment. We Furthermore, as a physician I have seen Mr. ALLEN. Madam Speaker, on March 11, failed our sworn oath and our God-given re- first-hand the stifling impact price controls 2008, I was unavoidably absent from the sponsibility as we broke faith with nearly 4,000 have on innovation and who loses in that House due to a family illness. more innocent American babies who died equation—patients do. We only have to look If I had been present, I would have voted today without the protection we should have to Europe as recently as the 1990s for evi- ‘‘nay’’ on rollcall vote No. 111, a motion by Mr. been given them. dence of the failure of drug price controls. GOHMERT of Texas that the House do now ad- But perhaps tonight, Madam Speaker, Once the world’s leader in research and de- journ. maybe someone new who hears this sunset velopment for new cures, Europe has been f memorial will finally realize that abortion really surpassed by the United States who had com- does kill little babies, that it hurts mothers in mitted 24 percent more to pharmaceutical SUNSET MEMORIAL ways that we can never express, and that R&D by 2002. Therefore, I urge the sponsors 12,832 days spent killing nearly 50 million un- of this bill to find a more equitable offset and HON. TRENT FRANKS born children in America is enough; and that not one that could have such a negative im- OF ARIZONA the America that rejected human slavery and pact on a single industry. IN THE HOUSE OF REPRESENTATIVES marched into Europe to arrest the Nazi Holo- f caust, is still courageous and compassionate Tuesday, March 11, 2008 HONORING KIDS AGAINST enough to find a better way for mothers and HUNGER—FOX VALLEY Mr. FRANKS of Arizona. Madam Speaker, I their babies than abortion on demand. stand once again before this body with yet an- So tonight, Madam Speaker, may we each other Sunset Memorial. remind ourselves that our own days in this HON. PETER J. ROSKAM It is March 11, 2008 in the land of the free sunshine of life are also numbered and that all OF ILLINOIS and the home of the brave, and before the too soon each of us will walk from these IN THE HOUSE OF REPRESENTATIVES sun set today in America, almost 4,000 more Chambers for the very last time. Tuesday, March 11, 2008 defenseless unborn children were killed by And if it should be that this Congress is al- Mr. ROSKAM. Madam Speaker, I rise today abortion on demand—just today. That is more lowed to convene on yet another day to come, to honor the Fox Valley Chapter of Kids than the number of innocent American lives may that be the day when we finally hear the Against Hunger, located in Roselle, Illinois. that were lost on September 11th, only it hap- cries of the innocent unborn. May that be the Kids Against Hunger is a non-profit organi- pens every day. day we find the humanity, the courage, and zation with a mission to provide nutritious food It has now been exactly 12,832 days since the will to embrace together our human and to impoverished children around the world. the travesty called Roe v. Wade was handed our constitutional duty to protect the least of The Fox Valley chapter of Kids Against down. Since then, the very foundation of this these, our tiny American brothers and sisters, Hunger located in my district focuses on pro- Nation has been stained by the blood of al- from this murderous scourge upon our Nation viding meals to impoverished families in Nica- most 50 million of our own children. called abortion on demand. ragua. As the second poorest nation in its Some of them, Madam Speaker, cried and It is March 11, 2008—12,832 days since hemisphere, 80 percent of Nicaragua’s popu- screamed as they died, but because it was Roe v. Wade first stained the foundation of lation lives on less than $2 a day. amniotic fluid passing over their vocal cords this nation with the blood of its own children— In 2007, 140 youth and adult volunteers at instead of air, we couldn’t hear them. this, in the land of the free and the home of the Fox Valley Chapter of Kids Against Hun- All of them had at least four things in com- the brave. ger packaged and provided more than mon. f 108,440 meals. They were each just little babies who had Pastor Darrel Malcom, from Poplar Creek done nothing wrong to anyone. Each one of PAUL WELLSTONE MENTAL Church in Bartlett, Illinois, recently traveled to them died a nameless and lonely death. And HEALTH AND ADDICTION EQUITY Nicaragua to observe the food being received. each of their mothers, whether she realizes it ACT OF 2007 He visited the Casa Bernabe Orphanage, immediately or not, will never be the same. where several hundred of the Kids Against And all the gifts that these children might have SPEECH OF Hunger meals were distributed. Pastor brought to humanity are now lost forever. HON. PAUL C. BROUN Malcom had an opportunity to see firsthand Yet even in the full glare of such tragedy, OF GEORGIA the incredible impact Kids Against Hunger is this generation clings to a blind, invincible ig- IN THE HOUSE OF REPRESENTATIVES having. norance while history repeats itself and our In addition to serving the needy in Nica- own silent genocide mercilessly annihilates the Wednesday, March 5, 2008 ragua, Kids Against Hunger serves individuals most helpless of all victims to date, those yet Mr. BROUN of Georgia. Mr. Speaker, re- right here in our own communities, including unborn. garding the H.R. 1424, the Mental Health and Streamwood, Illinois. More than 110 seniors in Madam Speaker, perhaps it is important for Addiction Equity Act, I have previously shared DuPage and Kane Counties have received hu- those of us in this Chamber to remind our- with my colleagues in this body my serious manitarian services through the Fox Valley selves again of why we are really all here. concerns with several provisions in this Act. I Chapter.

VerDate Aug 31 2005 06:41 Mar 12, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K11MR8.010 E11MRPT1 smartinez on PRODPC61 with REMARKS E358 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2008 Currently, the Kids Against Hunger—Fox The resolution states that the ‘‘rocket and and from a viable solution. Israelis and Pal- Valley Chapter, is looking for volunteers and mortar attacks have murdered over a dozen estinians share a mutual future. Therefore, we funds to continue the production of meals. Ad- Israelis, inflicted hundreds of casualties, pro- should set the stage for productive exchanges ditionally, they are looking for areas to host duced thousands of cases of shock and post- which can lead to mutual understanding, secu- ‘‘packaging events’’ so that they can continue traumatic stress, especially among children, rity and peace. to expand their services. and caused severe disruption of daily life.’’ Madam Speaker and Distinguished Col- The resolution fails to take into account the f leagues, please join me in honoring the Fox 117 Palestinians killed in Gaza over the last Valley Chapter of Kids Against Hunger for week or to mention that half of these victims HONORING BRODES H. HARTLEY, their outstanding work to date, and wishing were civilians and at least 22 were children. JR. them all the best in their future endeavors. Furthermore, the resolution makes no men- tion of the ongoing Israeli-imposed blockade HON. MARIO DIAZ-BALART f on Gaza that has cut off Palestinians from fuel OF FLORIDA CONDEMNING THE ONGOING PAL- supplies and prevented the delivery of food IN THE HOUSE OF REPRESENTATIVES ESTINIAN ROCKET ATTACKS ON and medical supplies to the Gaza Strip. Ac- ISRAELI CIVILIANS cording to a recent report by Oxfam and other Tuesday, March 11, 2008 humanitarian organizations, ‘‘the blockade has Mr. MARIO DIAZ-BALART of Florida. effectively dismantled the economy and im- SPEECH OF Madam Speaker, I rise today to acknowledge poverished the population of Gaza. Israel’s the work and accomplishments of a distin- HON. DENNIS J. KUCINICH policy affects the civilian population of Gaza guished community leader and true humani- OF OHIO indiscriminately and constitutes a collective tarian, Brodes H. Hartley, Jr. For over two IN THE HOUSE OF REPRESENTATIVES punishment against ordinary men, women and decades Mr. Hartley has done an outstanding Wednesday, March 5, 2008 children. The measures taken are illegal under international humanitarian law.’’ job maintaining a high level of care to the Mr. KUCINICH. Mr. Speaker, I am un- How can the U.S. be an honest broker for nearly 40,000 patients of Community Health of equivocal in my support for the security of peace if we fail to acknowledge the suffering, South Dade, Inc. Israel and its citizens. I am committed to the as well as the rights, of the people on all sides The ‘‘Patient Care Comes First’’ motto he right of all people in the Middle East, and the of this ongoing conflict? To broker a viable developed, demonstrates that he puts patient’s world, to live peacefully. However, because of peace, we must address the long-standing interests above those of the organization, cre- H. Res. 951’s overt lack of balance and its and structural issues that exacerbate the con- ating an environment in which those in need unreconciliatory approach, I oppose this bill. flict rather than sweep over them in our con- receive the best possible care. His willingness The resolution appropriately ‘‘expresses demnation of its symptomatic violence. to take time for concerned patients, as well as condolences to the families of the innocent The United States must seek to prevent vio- to help shape the next generation in victims on both sides of the conflict.’’ How- lence and human casualty by setting the stage healthcare providers, through mentoring, has ever, H. Res. 951 fails to take a balanced ap- for productive exchanges which can lead to established him as a community leader. proach to the ongoing violence in Gaza by ac- mutual understanding, security and peace. To Brodes H. Hartley, Jr., has accomplished knowledging only the rocket and mortar at- achieve this peace it is necessary to integrate the goal he set out from the beginning, to de- tacks fired on Israel while making no mention an open dialogue with diplomatic negotiations liver safe, compassionate, accessible, and cul- of Israel’s use of force in the region other than aimed at ending all violence and human suf- turally competent quality health care service to to acknowledge ‘‘the sovereign right of the fering. Our involvement in the Middle East the people of South Florida. I am very grateful Government of Israel to defend its territory should aim to coalesce alienated forces rather for his contribution to our community and hon- against attacks.’’ than drive them farther apart from one another ored to call him my friend.

VerDate Aug 31 2005 06:41 Mar 12, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A11MR8.034 E11MRPT1 smartinez on PRODPC61 with REMARKS Tuesday, March 11, 2008 Daily Digest Senate Second Chance Act: Committee on the Judiciary Chamber Action was discharged from further consideration of H.R. Routine Proceedings, pages S1825–S1914 1593, to reauthorize the grant program for reentry Measures Introduced: Five bills and one resolution of offenders into the community in the Omnibus were introduced, as follows: S. 2740–2744, and S. Crime Control and Safe Streets Act of 1968, to im- Res. 479. Page S1876 prove reentry planning and implementation, and the Measures Passed: bill was then passed, clearing the measure for the President. Pages S1893–95 Authorizing Use of Rotunda: Senate agreed to H. Con. Res. 313, authorizing the use of the rotunda of Measures Considered: the Capitol for a ceremony to honor the 5 years of Budget Resolution: Senate continued consideration service and sacrifice of our troops and their families of S. Con. Res. 70, setting forth the congressional in the war in Iraq and to remember those who are budget for the United States Government for fiscal serving our Nation in Afghanistan and throughout year 2009 and including the appropriate budgetary the world. Page S1839 levels for fiscal years 2008 and 2010 through 2013, Kendell Frederick Citizenship Assistance Act: taking action on the following amendments proposed Committee on the Judiciary was discharged from there to: Pages S1832–39, S1839–69, S1895–S1909 further consideration of S. 2516, to assist members Pending: of the Armed Forces in obtaining United States citi- Baucus Amendment No. 4160, to provide tax re- zenship, and the bill was then passed, after agreeing lief to middle-class families and small businesses, to the following amendment proposed thereto: property tax relief to homeowners, relief to those Pages S1891–92 whose homes were damaged or destroyed by Hurri- Brown (for Mikulski) Amendment No. 4177, in canes Katrina and Rita, and tax relief to America’s the nature of a substitute. Pages S1891–92 troops and veterans. Pages S1839–55 National Funeral Director and Mortician Rec- Graham Amendment No. 4170, to protect fami- ognition Day: Committee on the Judiciary was dis- lies, family farms and small businesses by extending charged from further consideration of S. Res. 390, the income tax rate structure, raising the death tax designating March 11, 2008, as National Funeral exemption to $5,000,000 and reducing the max- Director and Mortician Recognition Day, and the imum death tax rate to no more than 35 percent; to resolution was then agreed to. Page S1892 keep education affordable by extending the college National Native HIV/AIDS Awareness Day: tuition deduction; and to protect senior citizens from Senate agreed to S. Res. 479, designating March 20, higher taxes on their retirement income, maintain 2008, as ‘‘Second Annual National Native HIV/ U.S. financial market competitiveness, and promote AIDS Awareness Day’’. Pages S1892–93 economic growth by extending the lower tax rates Authorizing Use of Rotunda: Senate agreed to H. on dividends and capital gains. Pages S1855–69 Con. Res. 306, permitting the use of the Rotunda A unanimous-consent agreement was reached pro- of the Capitol for a ceremony as part of the com- viding for further consideration of the resolution at memoration of the days of remembrance of victims approximately 9:30 a.m., on Wednesday, March 12, of the Holocaust. Page S1893 2008, and that Baucus Amendment No. 4160 (listed above) remain as the regular order, regardless of the Enrollment Correction: Committee on the Judici- pendency of other amendments. Pages S1855, S1893 ary was discharged from further consideration of H. Con. Res. 270, to make corrections in the enroll- Message from the President: Senate received the ment of the bill H.R. 1593, and the resolution was following message from the President of the United then agreed to. Page S1893 States: D264

VerDate Aug 31 2005 02:23 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\2008NE~2\D11MR8.REC D11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D265 Transmitting, pursuant to law, a report on the abuse in Iraq, after receiving testimony from David continuation of the national emergency that was de- M. Walker, Comptroller General, Government Ac- clared on March 15, 1995, with respect to Iran; countability Office; Claude M. Kicklighter, Inspector which was referred to the Committee on Banking, General, and Stuart W. Bowen, Jr., Special Inspector Housing, and Urban Affairs. (PM–41) Pages S1874–75 General for Iraq Reconstruction, both of the Depart- Nominations Received: Senate received the fol- ment of Defense; and Radhi Hamza al-Radhi, Com- lowing nominations: mission on Public Integrity, Republic of Iraq. William Clifford Smith, of Louisiana, to be a DEFENSE AUTHORIZATION REQUEST Member of the Mississippi River Commission for a Committee on Armed Services: Committee concluded a term of nine years. hearing to examine the defense authorization request Rear Admiral Jonathan W. Bailey, NOAA, to be for fiscal year 2009 for the United States Pacific a Member of the Mississippi River Commission. Command and United States Forces in Korea, and Mimi Alemayehou, of the District of Columbia, to the future years defense program, after receiving tes- be United States Director of the African Develop- timony from Admiral Timothy J. Keating, USN, ment Bank for a term of five years. Commander, United States Pacific Command, and Kiyo A. Matsumoto, of New York, to be United General B.B. Bell, Commander, United Nations States District Judge for the Eastern District of New Command (UNC), Commander, Republic of York. Korea—United States Combined Forces Command Cathy Seibel, of New York, to be United States (CFC), and Commander, United States Forces Korea District Judge for the Southern District of New (USFK), both of the Department of Defense. York. 1 Army nomination in the rank of general. NATION’S INFRASTRUCTURE 5 Navy nominations in the rank of admiral. Committee on Banking, Housing, and Urban Affairs: Routine lists in the Air Force, Army, Navy. Committee concluded a hearing to examine the con- Pages S1909–14 dition of the nation’s infrastructure, focusing on pro- Messages from the House: Page S1875 posals for needed improvements, including S. 1926, to establish the National Infrastructure Bank to pro- Measures Referred: Page S1875 vide funding for qualified infrastructure projects, Measures Placed on the Calendar: after receiving testimony from David G. Mongan, Pages S1825, S1875 American Society of Civil Engineers, Baltimore, Executive Communications: Pages S1875–76 Maryland; Felix G. Rohatyn, Center for Strategic and International Studies, and Tracy Wolstencroft, Gold- Additional Cosponsors: Pages S1877–78 man, Sachs, and Co., both of New York, New York; Statements on Introduced Bills/Resolutions: and Ron Blackwell, American Federation of Labor Pages S1878–82 and Congress of Industrial Organizations Additional Statements: Pages S1872–74 (AFL–CIO), and Janet F. Kavinoky, United States Chamber of Commerce, both of Washington, D.C. Amendments Submitted: Pages S1882–89 Authorities for Committees to Meet: U.S. BASIC RESEARCH BUDGET Pages S1889–90 Committee on Commerce, Science, and Transportation: Sub- committee on Science, Technology, and Innovation Privileges of the Floor: Page S1890 concluded a hearing to examine the President’s pro- Adjournment: Senate convened at 10 a.m. and ad- posed budget request for fiscal year 2009 to support journed at 8:52 p.m., until 9:30 a.m. on Wednes- basic research in the United States, after receiving day, March 12, 2008. (For Senate’s program, see the testimony from John Marburger III, Director, Office remarks of the Acting Majority Leader in today’s of Science and Technology Policy, Executive Office Record on page S1893.) of the President; James M. Turner, Acting Director, National Institute of Standards and Technology, De- Committee Meetings partment of Commerce; and Arden L. Bement, Jr., Director, National Science Foundation. (Committees not listed did not meet) CROSS-BORDER TRUCK PILOT PROGRAM IRAQ Committee on Commerce, Science, and Transportation: Committee on Appropriations: Committee concluded a Committee concluded an oversight hearing to exam- hearing to examine the effectiveness of the United ine the Department of Transportation’s Cross-Border States efforts to combat corruption, waste, fraud, and Truck pilot program, after receiving testimony from

VerDate Aug 31 2005 02:23 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\2008NE~2\D11MR8.REC D11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE D266 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 2008 Mary E. Peters, Secretary, and Calvin L. Scovel III, LIFE SCIENCES Inspector General, both of the Department of Trans- Committee on Health, Education, Labor, and Pensions: portation; and Jacqueline S. Gillan, Advocates for Committee concluded a hearing to examine funding Highway and Auto Safety, and Paul D. Cullen, Sr., of the National Institutes of Health, focusing on op- Owner-Operator Independent Drivers Association, portunities in the life sciences and biomedical re- Inc., both of Washington, D.C. search, after receiving testimony from Drew Gilpin U.S. ARMY CORPS OF ENGINEERS BUDGET Faust, Harvard University, Cambridge, Massachu- Committee on Environment and Public Works: Com- setts; Jill A. Rafael-Fortney, The Ohio State Univer- mittee concluded a hearing to examine the Presi- sity College of Medicine, Columbus; Edward D. Mil- dent’s proposed budget request for fiscal year 2009 ler, Johns Hopkins Medicine, Baltimore, Maryland; for the United States Army Corps of Engineers Civil Samuel M. Rankin III, American Mathematical Soci- Works Program, and the implementation of the ety, Washington, D.C.; and Dana Lewis, Huntsville, Water Resources Development Act (WRDA) of Alabama. 2007 (Public Law 110–114), after receiving testi- mony from John Paul Woodley, Jr., Assistant Sec- NOMINATION retary of the Army for Civil Works; and Lieutenant Committee on the Judiciary: Committee concluded a General Robert Van Antwerp, Chief of Engineers, hearing to examine the nomination of Grace C. United States Army Corps of Engineers. Becker, of New York, to be Assistant Attorney Gen- HORN OF AFRICA eral for the Civil Rights Division, Department of Justice, after the nominee, who was introduced by Committee on Foreign Relations: Committee concluded Senator Hatch, testified and answered questions in a hearing evaluating United States policy options on her own behalf. the Horn of Africa, after receiving testimony from Jendayi Frazer, Assistant Secretary of State for Afri- can Affairs; Katherine J. Almquist, Assistant Ad- FAMILIES OF WOUNDED WARRIORS ministrator for Africa, United States Agency for Committee on Veterans’ Affairs: Committee concluded a International Development; Theresa Whelan, Deputy hearing to examine Department of Veterans Affairs Assistant Secretary of Defense for African Affairs; and Department of Defense cooperation and collabo- David H. Shinn, George Washington University El- ration, focusing on caring for the families of wound- liott School of International Affairs, and Lynn ed warriors, after receiving testimony from Lynda C. Fredriksson, Amnesty International USA, both of Davis, Deputy Assistant Secretary of the Navy for Washington, D.C.; and Colonel Thomas A. Military Personnel Policy, Department of Defense; Dempsey, USA (Ret.), United States Army War Col- Kristen Day, Chief Consultant, Care Management lege, Carlisle Barracks, Pennsylvania. and Social Work, Office of Patient Care Services, NATO Veterans Health Administration, and Steven L. Say- ers, Clinical Research Psychologist, Philadelphia Committee on Foreign Relations: Committee concluded Medical Center, both of the Department of Veterans a hearing to examine the North Atlantic Treaty Or- Affairs; Jane Dulin, United States Army Wounded ganization (NATO), focusing on enlargement and ef- Warrior Program, Elkins Park, Pennsylvania; Colo- fectiveness, after receiving testimony from Daniel nel Peter J. Bunce, USAF (Ret.), Arlington, Vir- Fried, Assistant Secretary of State for European and ginia; Robert Verbeke, Exton, Pennsylvania; and Eurasian Affairs; General John Craddock, U.S. Euro- Jackie McMichael, Franklinton, North Carolina. pean Command and Supreme Allied Commander, Europe, NATO Headquarters, Mons, Belgium; Ron- ald D. Asmus, German Marshall Fund, Brussels, Bel- INTELLIGENCE gium; and Philip H. Gordon, Brookings Institution, Select Committee on Intelligence: Committee held closed Bruce Pitcairn Jackson, Project on Transitional De- hearings on intelligence matters, receiving testimony mocracies, and James J. Townsend, Jr., Atlantic from officials of the intelligence community. Council, all of Washington, D.C. Committee recessed subject to the call.

VerDate Aug 31 2005 02:23 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\2008NE~2\D11MR8.REC D11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D267 House of Representatives Committee Elections: The House agreed to H. Res. Chamber Action 1035, electing the following Members to serve on Public Bills and Resolutions Introduced: 20 pub- certain standing committees of the House of Rep- lic bills, H.R. 5575–5594; and 6 resolutions, H. resentatives: Committee on Foreign Affairs: Rep- Con. Res. 314–315; and H. Res. 1034–1035, resentative Berman, Chairman. Committee on Trans- 1037–1038 were introduced. Pages H1538–39 portation and Infrastructure: Representative Sires. Additional Cosponsors: Pages H1539–40 Page H1459 Reports Filed: Reports were filed today as follows: Discharge Petition: Representative Drake moved to Supplemental report on H.R. 5501, to authorize discharge the Committees on Homeland Security, appropriations for fiscal years 2009 through 2013 to the Judiciary, Ways and Means, Education and provide assistance to foreign countries to combat Labor, Oversight and Government Reform, Armed HIV/AIDS, tuberculosis, and malaria (H. Rept. Services, Agriculture, and Natural Resources from 110–546, Pt. 2) and the consideration of H.R. 4088, to provide immigra- H. Res. 1036, providing for consideration of the tion reform by securing America’s borders, clarifying concurrent resolution (H. Con. Res. 312) revising and enforcing existing laws, and enabling a practical the congressional budget for the United States Gov- employer verification program (Discharge Petition ernment for fiscal year 2008, establishing the con- No. 5). gressional budget for the United States Government for fiscal year 2009, and setting forth appropriate Supplemental Report: Agreed that the Committee budgetary levels for fiscal years 2010 through 2013. on Foreign Affairs be permitted to file a supple- Pages H1515, H1528 mental report on H.R. 5501, to authorize appropria- Speaker: Read a letter from the Speaker wherein she tions for fiscal years 2009 through 2013 to provide appointed Representative Solis to act as Speaker pro assistance to foreign countries to combat HIV/AIDS, tempore for today. Page H1447 tuberculosis, and malaria. Page H1467 Recess: The House recessed at 10:48 a.m. and re- Motion to Adjourn: Rejected the Manzullo motion convened at noon. Page H1449 to adjourn by a yea-and-nay vote of 5 yeas to 388 nays, Roll No. 113. Pages H1467–68 Motion to Adjourn: Rejected the Gohmert motion to adjourn by a yea-and-nay vote of 20 yeas to 364 Motion to Adjourn: Rejected the Platts motion to nays, Roll No. 111. Page H1453 adjourn by a yea-and-nay vote of 4 yeas to 396 nays, Committee Elections: The House agreed to H. Res. Roll No. 114. Pages H1499–H1500 1034, electing the following Members to serve on Suspensions: The House agreed to suspend the rules certain standing committees of the House of Rep- and pass the following measures: resentatives: Committee on Armed Services: Rep- Authorizing the Board of Regents of the Smith- resentative Wittman (VA). Committee on Homeland sonian Institution to construct a greenhouse facil- Security: Representative Miller (MI). Pages H1457–58 ity at its museum support facility in Suitland, Motion to Adjourn: Rejected the Westmoreland Maryland: H.R. 5492, to authorize the Board of motion to adjourn by a yea-and-nay vote of 6 yeas Regents of the Smithsonian Institution to construct to 387 nays, Roll No. 112. Page H1458 a greenhouse facility at its museum support facility Committee Resignation: Read a letter from Rep- in Suitland, Maryland; Pages H1454–55 resentative Miller (MI), wherein she resigned from Expressing gratitude to all of the member states the Committee on Armed Services, effective today. of the International Commission of the Inter- Page H1458 national Tracing Service (ITS) on ratifying the Committee Resignation: Read a letter from Rep- May 2006 Agreement to amend the 1955 Bonn Ac- resentative Wittman (VA), wherein he resigned from cords granting open access to vast Holocaust and the Committee on Foreign Affairs, effective today. other World War II related archives located in Bad Page H1458 Arolsen, Germany: H. Res. 854, amended, to ex- Committee Resignation: Read a letter from Rep- press gratitude to all of the member states of the resentative Sires, wherein he resigned from the Com- International Commission of the International Trac- mittee on Financial Services, effective today. ing Service (ITS) on ratifying the May 2006 Agree- Page H1458 ment to amend the 1955 Bonn Accords granting

VerDate Aug 31 2005 02:23 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\2008NE~2\D11MR8.REC D11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE D268 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 2008 open access to vast Holocaust and other World War versity of California, Los Angeles, for winning the II related archives located in Bad Arolsen, Germany; 2007 NCAA Division I Women’s Water Polo Na- Pages H1459–62 tional Championship, and congratulating UCLA on Agreed to amend the title so as to read: ‘‘Express- its 100th NCAA sports national title, making it the ing gratitude to all of the member states of the most accomplished athletic program in NCAA his- International Commission of the International Trac- tory, by a 2⁄3 yea-and-nay vote of 400 yeas with none ing Service on ratifying the May 2006 Agreement to voting ‘‘nay’’, Roll No. 119. Pages H1514–15 amend the 1955 Bonn Accords granting access to Oath of Office—Fourteenth Congressional Dis- vast Holocaust and other World War II related ar- trict of Illinois: Representative-elect Bill Foster pre- chives located in Bad Arolsen, Germany.’’. sented himself in the well of the House and was ad- Page H1462 ministered the Oath of Office by the Speaker. Ear- Commemorating the 175th anniversary of the lier, the Clerk of the House transmitted a facsimile special relationship between the United States and copy of a letter from Mr. Daniel W. White, Execu- the Kingdom of Thailand: H. Con. Res. 290, tive Director, Illinois State Board of Elections, indi- amended, to commemorate the 175th anniversary of cating that, according to the unofficial returns of the the special relationship between the United States Special Election held on March 8, 2008, the Honor- and the Kingdom of Thailand; and Pages H1462–63 able Bill Foster was elected Representative to Con- Recognizing the 187th anniversary of the inde- gress for the Fourteenth Congressional District, State pendence of Greece and celebrating Greek and of Illinois. Pages H1501, H1537 American democracy: H. Res. 1024, amended, to Whole Number of the House: The Speaker an- recognize the 187th anniversary of the independence nounced to the House that, in light of the adminis- of Greece and celebrating Greek and American de- tration of the oath to the gentleman from Illinois, mocracy. Pages H1463–67 Mr. Bill Foster, the whole number of the House is adjusted to 430. Page H1502 Suspensions—Proceedings Resumed: The House agreed to suspend the rules and pass the following Privileged Resolution—Intent to Offer: Rep- measures which were debated on Monday, March resentative Price (GA) announced his intention to 10th: offer a privileged resolution. Page H1502 Congratulating Iowa State University of Science Question of Privilege: The Chair ruled that the res- and Technology for 150 years of leadership and olution offered by Representative Price (GA) did not service to the United States and the world as constitute a question of the privileges of the House. Iowa’s land-grant university: H. Res. 924, amend- Agreed to table the motion to appeal the ruling of ed, to congratulate Iowa State University of Science the Chair by a recorded vote of 218 ayes to 192 noes and Technology for 150 years of leadership and serv- with 1 voting ‘‘present’’, Roll No. 116. ice to the United States and the world as Iowa’s Pages H1502–03 land-grant university, by a 2⁄3 yea-and-nay vote of Intelligence Authorization Act for Fiscal Year 405 yeas with none voting ‘‘nay’’, Roll No. 115; 2008—Presidential Veto: The House voted to sus- Page H1500 tain the President’s veto of H.R. 2082, to authorize Congratulating the University of Kansas (‘‘KU’’) appropriations for fiscal year 2008 for intelligence football team for winning the 2008 FedEx Orange and intelligence-related activities of the United Bowl and having the most successful year in pro- States Government, the Community Management gram history: H. Res. 948, amended, to congratu- Account, and the Central Intelligence Agency Re- late the University of Kansas (‘‘KU’’) football team tirement and Disability System, by a yea-and-nay for winning the 2008 FedEx Orange Bowl and hav- vote of 225 yeas to 188 nays, Roll No. 117 (two- ing the most successful year in program history by thirds of those present not voting to override). Pages H1503–14 a 2⁄3 yea-and-nay vote of 396 yeas with 12 voting ‘‘present’’, Roll No. 118; and Page H1514 Subsequently, the message (H. Doc. 110–100) and the bill were referred to the Permanent Select Com- Congratulating the women’s water polo team of mittee on Intelligence. Page H1514 the University of California, Los Angeles, for win- ning the 2007 NCAA Division I Women’s Water Motion to Adjourn: Rejected the Abercrombie mo- Polo National Championship, and congratulating tion to adjourn by a yea-and-nay vote of 177 yeas UCLA on its 100th NCAA sports national title, to 196 nays with one voting ‘‘present’’, Roll No. making it the most accomplished athletic program 120. Pages H1524–25 in NCAA history: H. Res. 493, amended, to con- Providing for the adoption of H. Res. 895: The gratulate the women’s water polo team of the Uni- House agreed to H. Res. 1031, providing for the

VerDate Aug 31 2005 02:23 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\2008NE~2\D11MR8.REC D11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D269 adoption of the resolution (H. Res. 895) establishing Secretary, Research, Education and Economics, within the House of Representatives an Office of USDA. Congressional Ethics, by a yea-and-nay vote of 229 COMMERCE, JUSTICE, SCIENCE yeas to 182 nays with 4 voting ‘‘present’’, Roll No. APPROPRIATIONS 122, after agreeing to order the previous question by a yea-and-nay vote of 207 yeas to 206 nays, Roll Committee on Appropriations: Subcommittee on Com- No. 121. Pages H1525–36 merce, Justice, Science and Related Agencies, on Pursuant to the rule, H. Res. 895 is adopted. OJP/COPS/OVW. Testimony was heard from the Pages H1515–24 following officials of the Department of Justice: Jef- frey Sedgwick, Acting Associate Attorney General, Suspensions—Proceedings Postponed: The House Office of Justice Programs; Carl R. Peed, Director, debated the following measures under suspension of Community Oriented Policing Services; and Cindy the rules. Further proceedings were postponed: Dyer, Director, Office on Violence Against Women. Honoring the 200th anniversary of the Gallatin The Subcommittee also held a hearing on the Sec- Report on Roads and Canals: H. Res. 936, amend- retary of Commerce. Testimony was heard from Car- ed, to honor the 200th anniversary of the Gallatin los M. Gutierrez, Secretary of Commerce. Report on Roads and Canals, to celebrate the na- tional unity the Gallatin Report engendered, and to DEFENSE APPROPRIATIONS recognize the vast contributions that national plan- Committee on Appropriations: Subcommittee on Defense ning efforts have provided to the United States; held a hearing on Air Force Posture. Testimony was Pages H1455–57 heard from the following officials of the Department Generations Invigorating Volunteerism and of Air Force: Michael W. Wynn, Secretary, and Education Act: H.R. 5563, to reauthorize and re- GEN T. Michael Moseley, USAF, Chief of Staff. form the national service laws; and Pages H1468–98 ENERGY AND WATER DEVELOPMENT Temporarily extending the programs under the APPROPRIATIONS Higher Education Act of 1965: S. 2733, to tempo- Committee on Appropriations: Subcommittee on Energy rarily extend the programs under the Higher Edu- and Water Development held a hearing on DOE— cation Act of 1965. Pages H1498–99 Energy and Conservation, Fossil Energy, Electricity Motion to Adjourn: Agreed to the Sutton motion Delivery and Energy Reliability. Testimony was to adjourn by a yea-and-nay vote of 216 yeas to 186 heard from the following officials of the Department nays, Roll No. 123. Pages H1536–37 of Energy: C.H. Albright, Jr., Under Secretary; Alex- ander Karsner, Assistant Secretary, Energy Efficiency Senate Messages: Messages received from the Senate and Renewable Energy; James Slutz, Acting Prin- today appear on pages H1449 and H1468. cipal Deputy, Assistant Secretary, Fossil Energy; and Senate Referral: S. Con. Res. 66 was held at the Kevin Kolevar, Director, Electricity Delivery and desk. Page H1449 Energy Reliability. Quorum Calls Votes: Twelve yea-and-nay votes and FINANCIAL SERVICES, GENERAL one recorded vote developed during the proceedings GOVERNMENT APPROPRIATIONS of today and appear on pages H1453, H1458, H1467–68, H1499–H1500, H1500, H1503, Committee on Appropriations: Subcommittee on Finan- H1513–14, H1514, H1515, H1524–25, H1532, cial Services, and General Government held a hear- H1533–34, and H1536–37. There were no quorum ing on Consumer Product Safety Commission. Testi- calls. mony was heard from the following officials of the Consumer Product Safety Commission: Nancy Nord, Adjournment: The House met at 10:30 a.m. and Acting Chair; and Thomas H. Moore, Commissioner. adjourned at 10:44 p.m. HOMELAND SECURITY APPROPRIATIONS Committee Meetings Committee on Appropriations: Subcommittee on Home- land Security held a hearing on Citizenship and Im- AGRICULTURE, RURAL DEVELOPMENT; migration Services: Strengthening legal immigration FDA APPROPRIATIONS and improving refugee processing. Testimony was Committee on Appropriations: Subcommittee on Agri- heard from the following officials of the U.S. Citi- culture, Rural Development, Food and Drug Admin- zenship and Immigration Service, Department of istration, and Related Agencies held a hearing on the Homeland Security; Emilio Gonzales, Director; Jona- Research, Education and Economic budget request. than Scharfen, Deputy Director; and Timothy Testimony was heard from Gale A. Buchanan, Under Rosado, Acting Chief Financial Officer.

VerDate Aug 31 2005 02:23 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\2008NE~2\D11MR8.REC D11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE D270 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 2008 The Subcommittee also held a hearing on Home- Navy: William Balderson, Deputy Assistant Sec- land Security Grants: Supporting a National Pre- retary, Naval Air Programs, Office of the Assistant paredness and Response System. Testimony was Secretary, Research, Development and Acquisition; heard from David Paulison, Administrator, FEMA, RADM Allen G. Myers, USN, Director, Air Warfare Department of Homeland Security; William O. Jen- Division (OPNAV 88), Headquarters, U.S. Navy; kins, Jr., Director, Homeland Security and Justice LTG George J. Trautman, USMC, Deputy Com- Issues, GAO; and a public witness. mandant, Aviation, Headquarters, U.S. Marine INTERIOR, ENVIRONMENT Corps; LTG Daniel J. Darnall, USAF, Deputy Chief APPROPRIATIONS of Staff, Air, Space and Information Operations, Plans and Requirements, Headquarters, U.S. Air Committee on Appropriations: Subcommittee on Inte- Force; and LTG Donald J. Hoffman, USAF, Military rior, Environment, and Related Agencies held a Deputy, Office of the Assistant Secretary of the Air hearing on National Endowment for the Humanities. Force, Acquisition. Testimony was heard from Bruce Cole, Chairman, National Endowment for the Humanities, National FY 08 DEFENSE AUTHORIZATION’S Foundation on the Arts and the Humanities. PRESIDENTIAL SIGNING STATEMENT Committee on Armed Services: Subcommittee on Over- LABOR, HHS, EDUCATION sight and Investigations held a hearing on the Im- APPROPRIATIONS pact of the Administration’s signing statement on Committee on Appropriations: Subcommittee on Labor, the Department of Defense’s implementation of the Health and Human Services, Education and Related Fiscal Year 2008 National Defense Authorization Agencies held a hearing on Implications of a Weak- Act. Testimony was heard from Gary L. Kepplinger, ening Economy for Training and Employment Serv- General Counsel, GAO; T.J. Halstead, Legislative ices. Testimony was heard from public witnesses. Attorney, American Law Division, CRS, Library of MILITARY CONSTRUCTION, VETERANS’ Congress; and public witnesses. AFFAIRS APPROPRIATIONS MILITARY READINESS—GOVERNMENT’S Committee on Appropriations: Subcommittee on Mili- ROLE tary Construction, Veterans’ Affairs and Related Committee on Armed Services: Subcommittee on Readi- Agencies held a hearing on Navy Budget. Testimony ness held a hearing on Inherently Governmental— was heard from the following officials of the Depart- What is the Proper Role of Government? Testimony ment of Defense: ADM Gary Roughead, USN, Chief was heard from the following officials of the Depart- of Naval Operations; and GEN James T. Conway, ment of Defense: P. Jackson Bell, Deputy Under Commandant, U.S. Marine Corps. Secretary, Logistics and Materiel Readiness, and Shay STATE, FOREIGN OPERATIONS Assad, Director, Defense Procurement and Acquisi- APPROPRIATIONS tion Policy; and David M. Walker, Comptroller General, GAO. Committee on Appropriations: Subcommittee on State, Foreign Operations and Related Programs held a AFTER SCHOOL PROGRAMS BUDGET hearing on HIV/AIDS and Global Health Programs. Committee on Education and Labor: Subcommittee on Testimony was heard from the following officials of Early Childhood, Elementary and Secondary Edu- the Department of State: Ambassador Mark R. cation held a hearing on After School Programs: Dybul, U.S. Global AIDS Coordinator; and Kent How the Bush Administration’s Budget Impacts Hill, Assistant Administrator, Global Health, U.S. Children and Families. Testimony was heard from Agency for International Development. Theresa Kough, Education Associate, Department of TACTICAL AVIATION PROGRAMS Education, State of Delaware; and public witnesses. Committee on Armed Services: Subcommittee on Air and MISCELLANEOUS MEASURES Land Forces and the Subcommittee on Seapower and Committee on Energy and Commerce: Subcommittee on Expeditionary Forces held a joint hearing on Depart- Health approved for full Committee action, as ment of the Navy and Air Force Tactical Aviation amended, the following bills: H.R. 1108, Family Programs. Testimony was heard from Michael J. Sul- Smoking Prevention and Tobacco Control Act, and livan, Director, Acquisition and Sourcing Manage- to mark up the following bills: H.R. 1198, Early ment, GAO; and the following official of the De- Hearing Detection and Intervention Act of 2007; partment of Defense: John J. Young, Jr., Under Sec- H.R. 2464, Wakefield Act; H.R. 1237, Cytology retary, Acquisition, Technology and Logistics; and Proficiency Improvement Act of 2007; H.R. 3701, the following officials of the Department of the Keeping Seniors Safe From Falls Act of 2007; H.R.

VerDate Aug 31 2005 02:23 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\2008NE~2\D11MR8.REC D11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D271 2063, Food Allergy and Anaphylaxis Management CORPORATE SETTLEMENT AGREEMENTS Act of 2007; H.R. 3825, Newborn Screening Saves Committee on the Judiciary: Subcommittee on Com- Lives Act of 2007; and H.R. 1418, Reauthorization mercial and Administrative Law held a hearing on of the Traumatic Brain Injury Act. Deferred Prosecution: Should Corporate Settlement COMMUNICATIONS MARKETPLACE—ROLE Agreements Be Without Guidelines? Testimony was OF PRIVATE EQUITY heard from Representatives Pallone and Pascrell; Committee on Energy and Commerce: Subcommittee on David E. Nahmias, U.S. Attorney’s Office, Northern Telecommunications and the Internet held a hearing District of Georgia, Department of Justice; and pub- entitled ‘‘The Role of Private Equity in the Commu- lic witnesses. nications Marketplace.’’ Testimony was heard from HOMELAND SECURITY LAW public witnesses. ENFORCEMENT HUD BUDGET Committee on the Judiciary: Subcommittee on Crime, Committee on Financial Services: Held a hearing on the Terrorism and Homeland Security held a hearing on oversight of the Department of Housing and Urban Department of Homeland Security Law Enforcement Development, including the Department’s budget Operations. Testimony was heard from the following request for fiscal year 2009 and oversight of emer- officials of the Department of Homeland Security: gency spending. Testimony was heard from Dana A. Brown, Director, Federal Air Marshal Serv- Alphonso Jackson, Secretary of Housing and Urban ice, Assistant Administrator, Transportation Security Development. Administration; Jeffrey D. Self, Chief, Southwest Border Division, Office of Border Patrol; Raymond COIN MODERNIZATION AND TAXPAYER R. Parmer, Deputy Director, Investigations, U.S. SAVINGS ACT OF 2008 Immigration and Customs Enforcement; Michael Committee on Financial Services: Subcommittee on Stenger, Assistant Director, Office of Investigations, International Monetary Policy, Trade and Tech- U.S. Secret Service; and RADM Wayne Justice, nology held a hearing on H.R. 5512, Coin Mod- USCG, Assistant Commandant, Capability and Di- ernization and Taxpayer Savings Act of 2008. Testi- rector of Response, U.S. Coast Guard. mony was heard from Edmund C. Moy, Director, U.S. Mint, Department of the Treasury; Jay W. OVERSIGHT—GETTING ROYALTIES RIGHT Johnson, former Representative from Wisconsin, and Committee on Natural Resources: Subcommittee on En- former Director of the Mint; and public witnesses. ergy and Resources held an oversight hearing on U.S.-IRAQI REFUGEE RESPONSIBILITIES Getting Royalties Right: Recent Recommendations Committee on Foreign Affairs: Subcommittee on Mid- for Improving the Federal Oil and Gas Royalty Sys- dle East, and South Asia, and the Subcommittee on tem. Testimony was heard from the following offi- Organizations, Human Rights and Oversight held a cials of the Department of the Interior: Earl joint hearing on Neglected Responsibilities: the U.S. Devaney, Inspector General; David Deal, Vice Chair, Response to the Iraqi Refugee Crisis. Testimony was Royalty Policy Committee; C. Stephen Allred, As- heard from the following officials of the Department sistant Secretary, Land and Minerals Management; of State: James B. Foley, Senior Coordinator, Iraqi Randall Luthi, Director, Minerals Management Serv- Refugee Issues; Lawrence Butler, Deputy Assistant ice; and Larry Finfer, Deputy Director, Office of Pol- Secretary, Bureau of Near Eastern Affairs; Stephen A. icy Analysis; Frank Rusco, Acting Director, Natural Edson, Deputy Assistant Secretary, Visa Services, Bu- Resources and Environment, GAO; Linda Stiff, Act- reau of Consular Affairs; and Greg Gottlieb, Senior ing Commissioner, IRS, Department of the Treasury; Deputy Administrator, Bureau for Democracy, Con- and Dennis Roller, Royalty Audit Section Manager, flict and Humanitarian Assistance, U.S. Agency for Office of the State Auditor, North Dakota. International Development; and Lori Scialabba, Spe- ANIMAL PROTECTION MEASURES cial Adviser to the Secretary of Homeland Security for Iraqi Refugees, Department of Homeland Secu- Committee on Natural Resources: Subcommittee on rity. Fisheries, Wildlife and Oceans held a hearing on the following measures: H.R. 2964, Captive Primate NET NEUTRALITY/INTERNET FREE SPEECH Safety Act; and a measure To amend the Lacey Act Committee on the Judiciary: Task Force on Competition Amendments of 1981 to extend its protection to Policy and Antitrust Laws held a hearing on Net bears illegally harvested for their viscera in the same Neutrality and Free Speech on the Internet. Testi- manner as with respect to prohibited wildlife species. mony was heard from public witnesses. Testimony was heard from Benito A. Perez, Chief,

VerDate Aug 31 2005 02:23 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\2008NE~2\D11MR8.REC D11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE D272 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 2008 Law Enforcement, U.S. Fish and Wildlife Service, and controlled by the chairman and ranking minor- Department of the Interior; and public witnesses. ity member of the Committee on the Budget and D.C. PAROLE, SUPERVISED RELEASE AND one hour on the subject of economic goals and poli- REVOCATION cies to be equally divided and controlled by Rep- resentative Maloney of New York and Representative Committee on Oversight and Government Reform: Sub- Saxton of New Jersey. The rule waives all points of committee on Federal Workforce, Postal Service and order against consideration of the concurrent resolu- the District of Columbia held a hearing on Advance- tion and provides that the concurrent resolution shall ments and Continual Challenges in the Parole, Su- be considered as read. pervised Release and Revocation of D.C. Code Of- The rule makes in order only those amendments fenders. Testimony was heard from Chief Issac printed in the Rules Committee report. The amend- Fulwood, Commissioner, U.S. Parole Commission, ments made in order may be offered only in the Department of Justice; Avis E. Buchanan, Director, order printed in the report, may be offered only by Public Defender Service, District of Columbia; Rufus a Member designated in the report, shall be consid- King, Chief Judge, D.C. Superior Court; and public ered as read, shall be debatable for the time specified witnesses. in the report equally divided and controlled by the MISCELLANEOUS MEASURES proponent and an opponent, and shall not be subject to amendment. All points of order against the Committee on Oversight and Government Reform: Sub- amendments are waived except that the adoption of committee on Government Management, Organiza- an amendment in the nature of a substitute shall tion and Procurement approved for full Committee constitute the conclusion of consideration of the con- action the following bills: H.R. 752, amended, Fed- current resolution for amendment. The rule permits eral Electronic Equipment Donation Act of 2007; the Chairman of the Budget Committee to offer H.R. 3033, amended, Contractors and Federal amendments in the House to achieve mathematical Spending Accountability Act of 2007; H.R. 3928, consistency. The rule provides that the concurrent Government Contractor Accountability Act of 2007; resolution shall not be subject to a demand for divi- and H.R. 4881, amended, Contracting and Tax Ac- sion of the question of its adoption. The rule pro- countability Act of 2007. vides that the Chair may postpone further consider- FEDERAL AGENCY USE OF COMMERCIAL ation of the concurrent resolution to a time des- INFORMATION RESELLERS ignated by the Speaker. Finally, the rule provides for Committee on Oversight and Government Reform: Sub- a motion to take the Senate concurrent resolution on committee on Information Policy, Census and Na- the budget from the table, strike all after the resolv- tional Archives held a hearing on Privacy: The Use ing clause, and to insert in lieu thereof the provi- of Commercial Information Resellers by Federal sions of House Concurrent Resolution 312 as adopt- Agencies, Testimony was heard from Karen S. Evans, ed by the House. Testimony was heard by Chairman Administrator, Office of E-Government and Informa- Spratt and Representatives Scott of Virginia, Lee, tion Technology, OMB; Linda D. Koontz, Director, Ryan of Wisconsin, Brady of Texas, and Ginny Information Management Issues, GAO; Hugo Teufel Brown-Waite of Florida. III, Chief Privacy Officer, Department of Homeland NANOTECHNOLOGY RESEARCH Security; and public witnesses. Committee on Science and Technology: Subcommittee on U.S.-LATIN AMERICAN ENERGY Research and Science Education held a hearing on COOPERATION the Transfer of Nanotechnology Initiative Research Committee on Oversight and Government Reform: Sub- Outcomes for Commercial and Public Benefit. Testi- committee on National Security and Foreign Affairs mony was heard from public witnesses. held a hearing on National Security and Latin Amer- SCIENCE AND TECHNOLOGY BUDGET ica: Challenges and Opportunities on Energy Co- FISCAL YEAR 2009 operation. Testimony was heard from public wit- nesses. Committee on Science and Technology: Subcommittee on Technology and Innovation held a hearing on the CONCURRENT RESOLUTION ON THE NIST’s Fiscal year 2009 Budget Request: What Are BUDGET FOR FISCAL YEAR 2009 the Right Technology Investments to Promote U.S. Committee on Rules: Granted, by voice vote, a struc- Innovation and Competitiveness. Testimony was tured rule. The rule provides four hours of general heard from James Turner, Acting Director, National debate on H. Con. Res. 312, the Concurrent Resolu- Institute of Standards and Technology, Department tion on the Budget for FY 2009, equally divided of Commerce; and public witnesses.

VerDate Aug 31 2005 02:23 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\2008NE~2\D11MR8.REC D11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D273 SOUTHEASTERN U.S. WATER Jonathan D. Grassbaugh Post Office’’. Signed on MANAGEMENT March 11, 2008. (Public Law 110–194) Committee on Transportation and Infrastructure: Sub- f committee on Water Resources and Environment held a hearing on Comprehensive Watershed Man- COMMITTEE MEETINGS FOR WEDNESDAY, agement and Planning: Drought-related Issues in the MARCH 12, 2008 Southeastern United States. Testimony was heard (Committee meetings are open unless otherwise indicated) from Representatives Lewis of Georgia, Boyd of Flor- ida and Johnson of Georgia; from the following offi- Senate cials of the Department of the Interior: Jess D. Wea- Committee on Appropriations: Subcommittee on Defense, ver, Regional Executive, Southeast Asia, U.S. Geo- to hold hearings to examine proposed budget estimates logical Survey; and Sam D. Hamilton, Regional Di- for fiscal year 2009 for the Air Force, 10:30 a.m., rector, Southeast Region, U.S. Fish and Wildlife SD–192. Service; BG Joseph Schroedel, USA, Commander, Subcommittee on Financial Services and General Gov- South Atlantic Division, U.S. Army Corps of Engi- ernment, to hold hearings to examine proposed budget neers, Department of the Army; J. John Feldt, Hy- estimates for fiscal year 2009 for the federal judiciary, 4 drologist-In-Charge, National Weather Service, p.m., SD–138. NOAA, Department of Commerce; Robert J. Committee on Armed Services: Subcommittee on Readiness Hunter, Commissioner, Department of Watershed and Management Support, to receive a briefing on the Management, Atlanta, Georgia; and public witnesses. current readiness of the armed forces of the United States, 9:30 a.m., SH–219. SUBSTANCE ABUSE/CO-MORBID Subcommittee on Strategic Forces, to hold hearings to DISORDERS examine strategic forces programs in review of the defense Committee on Veterans’ Affairs: Subcommittee on authorization request for fiscal year 2009 and the future Health held a hearing on Substance Abuse/Co-mor- years defense program, 10 a.m., SR–232A. bid Disorders: Comprehensive Solutions to a Com- Subcommittee on SeaPower, to hold hearings to exam- plex Problem. Testimony was heard from Antonette ine the defense authorization request for fiscal year 2009, Zeiss, Associate Chief Consultant, Mental Health for the strategic lift programs, and the future years de- fense program, 2 p.m., SR–222. Services, Veterans Health Administration, Depart- Subcommittee on Emerging Threats and Capabilities, ment of Veterans Affairs; representatives of veterans to hold hearings to examine technologies to combat organizations; and public witnesses. weapons of mass destruction, 2:30 p.m., SD–106. MEDICARE PAYMENT ADVISORY Subcommittee on Readiness and Management Support, COMMISSION REPORT to hold hearings to examine the defense authorization re- quest for fiscal year 2009, the future years defense pro- Committee on Ways and Means: Subcommittee on gram, and military installation, environmental, and base Health held a hearing on Medicare Payment Advi- closure programs, 2:30 p.m., SR–232A. sory Commission’s annual report on Medicare pay- Committee on Banking, Housing, and Urban Affairs: to ment policies. Testimony was heard from Glen M. hold hearings to examine the President’s proposed budget Hackman, Chairman, Medicare Payment Advisory request for fiscal year 2009 for the Department of Hous- Commission. ing and Urban Development and conduct oversight, 10 a.m., SD–538. BRIEFING—ADVANCED R&D BUDGET Committee on Commerce, Science, and Transportation: Sub- Permanent Select Committee on Intelligence: Met in execu- committee on Interstate Commerce, Trade, and Tourism, tive session to receive a briefing on Advanced R&D to hold hearings to examine the gross domestic product Budget. The Committee was briefed by depart- as a measurement of national strength, 1:30 p.m., mental witnesses. SR–253. Committee on Energy and Natural Resources: to hold hear- Joint Meetings ings to examine hardrock mining, focusing on issues re- No joint committee meetings were held. lating to abandoned mine lands and uranium mining, 2:15 p.m., SD–366. f Committee on Finance: to hold hearings to examine alter- NEW PUBLIC LAWS natives to the current federal estate tax system, 10 a.m., SD–215. (For last listing of Public Laws, see DAILY DIGEST, p. D247) Committee on Foreign Relations: Subcommittee on East S. 2478, to designate the facility of the United Asian and Pacific Affairs, to hold hearings to examine the States Postal Service located at 59 Colby Corner in United States and Vietnam, focusing on the bilateral rela- East Hampstead, New Hampshire, as the ‘‘Captain tionship, 2:30 p.m., SD–419.

VerDate Aug 31 2005 02:23 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\2008NE~2\D11MR8.REC D11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE D274 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 2008

Committee on Homeland Security and Governmental Affairs: Committee on Education and Labor, hearing on H.R. Subcommittee on Federal Financial Management, Govern- 5522, Combustible Dust Explosion and Fire Prevention ment Information, Federal Services, and International Se- Act of 2008, 10:30 a.m., 2175 Rayburn. curity, to hold hearings to examine agencies in peril, fo- Committee on Energy and Commerce, Subcommittee on En- cusing on protecting federal information technology and ergy and Air Quality, hearing entitled ‘‘The Pipeline In- secure sensitive information, 2:30 p.m., SD–342. spection, Protection, Enforcement, and Safety Act of Committee on the Judiciary: to hold hearings to examine 2006: Implementation Review and Discussion of Safety Generation Rx, focusing on the abuse of prescription and Reassessment Intervals for Natural Gas Pipelines,’’ 10 over-the-counter drugs, 2 p.m., SD–226. a.m., 2322 Rayburn. Committee on Rules and Administration: to hold hearings Subcommittee on Oversight and Investigations, hearing to examine issues relative to in-person voter fraud and entitled ‘‘Regulatory Failure: Must America Live with voter disenfranchisement, 10 a.m., SR–301. Unsafe Food?’’ 10 a.m., 2123 Rayburn. Select Committee on Intelligence: closed business meeting Committee on Financial Services, hearing entitled ‘‘Munic- to consider pending calendar business, 2:30 p.m., ipal Bond Turmoil: Impact on Cities, Towns, and States,’’ SH–219. 10 a.m, 2128 Rayburn. Special Committee on Aging: to hold hearings relative to Committee on Foreign Affairs, hearing on the Balkans doctors and prescription drug information and reviews, after the Independence of Kosovo and on the Eve of 10:30 a.m., SD–562. NATO Enlargement, 10 a.m., 2154 Rayburn. Subcommittee on the Middle East and South Asia, House hearing on 853 Days: From Gaza Disengagement to De Committee on Appropriations, Subcommittee on Com- Facto Power? 2 p.m., 2200 Rayburn. merce, Justice, Science and Related Agencies, on DEA, Committee on Homeland Security, Subcommittee on Trans- 9:30 a.m., and on Bureau of Prisons, U.S. Marshals, De- portation Security and Infrastructure Protection hearing tention Trustee, 2 p.m., H–309 Capitol. entitled ‘‘Partnerships in Securing Critical Infrastructure,’’ Subcommittee on Defense, on Army Posture, 10 a.m., 2 p.m., 311 Cannon. and executive, on Army Acquisition, 1:30 p.m., H–140 Committee on House Administration, Subcommittee on Capitol. Elections, oversight hearing on the Election Assistance Subcommittee on Financial Services, and General Gov- Commission, 3 p.m., 1310 Longworth. ernment, on The Judiciary, 10 a.m., 2220 Rayburn. Committee on the Judiciary: Subcommittee on Immigra- Subcommittee on Homeland Security, on Investing in tion, Citizenship, Refugees, Border Security, and Inter- Science and Technology, 10 a.m., 2362–B Rayburn. national Law, to mark up the following measures: H.R. Subcommittee on Interior, Environment and Related 5571, To extend for 5 years the program relating to Agencies, on Public Witnesses—Native American, 10 waiver of the foreign country residence requirement with a.m., B–308 Rayburn. respect to international medical graduates; H.R. 5569, To Subcommittee on Labor, Health and Human Services, extend for 5 years the EB–5 regional center pilot pro- Education and Related Agencies, on Status of the World gram; H.R. 5570, Religious Worker Visa Extension Act Trade Center 9/11 Health Monitoring and Treatment of 2008; and H.R. 5060, to amend the Immigration and Program, 1 p.m., 2358–C Rayburn. Nationality Act to allow athletes admitted as non- Subcommittee on Legislative Branch, on Office of immigrants described in section 101(a)(15)(P) of such Act Compliance, Congressional Budget Office, Open World to renew their period of authorized admission in 5-year Leadership Center, 10 a.m., H–144 Capitol, and on Cap- increments, 10 a.m., 2141 Rayburn. itol Visitor Center, 1:30 p.m., 2359 Rayburn. Committee on Natural Resources, to consider the following Subcommittee on Military Construction, Veterans Af- bills: H.R. 2016, National Landscape Conservation Sys- fairs, and Related Agencies, on Pacific Command, 10 tem Act; H.R. 4933, Captive Wildlife Safety Technical a.m., H–143 Capitol. Amendments Act of 2008; H.R. 2342, National Inte- Subcommittee on State, Foreign Operations, and Re- grated Coastal and Ocean Observation Act of 2007; H.R. lated Programs, on Fiscal Year 2009 Budget Request for 1187, Gulf of the Farallones and Cordell Bank National International Affairs—Secretary Rice, 10 a.m., 2359 Ray- Marine Sanctuaries Boundary Modification and Protection burn. Act; H.R. 3352, Hydrographic Services Improvement Act Committee on Armed Services, hearing on Fiscal Year 2009 Amendments of 2007; H.R. 3891, To amend the Na- National Defense Authorization Budget Request for the tional Fish and Wildlife Foundation Establishment Act to U.S. Pacific Command and U.S. Forces Korea, 1 p.m., increase the number of Directors on the Board of Direc- 2118 Rayburn. tors of the National Fish and Wildlife Foundation; H.R. Subcommittee on Military Personnel, hearing on the 2515, Lower Colorado River Multi-Species Conservation Future of the Military Healthcare System, 9 a.m., 2118 Program Act; H.R. 2675, HALE Scouts Act; and H.R. Rayburn. 3651, Utah National Guard Readiness Act, 11 p.m., Subcommittee on Strategic Forces, hearing on Fiscal 1324 Longworth. Year 2009 National Defense Authorization Budget Re- Committee on Oversight and Government Reform, Sub- quest for the Department of Energy National Security committee on Domestic Policy, hearing on Priorities and Programs, 10 a.m., 2212 Rayburn. Accountability at ONDCP, 2 p.m., 2154 Rayburn.

VerDate Aug 31 2005 02:23 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\2008NE~2\D11MR8.REC D11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE March 11, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D275

Committee on Science and Technology, Committee, hearing Permanent Select Committee on Intelligence, Subcommittee on Competitiveness and Innovation on the Committee’s on Terrorism, Human Intelligence, Analysis and Counter- 50th Anniversary, 10 a.m., 2318 Rayburn. intelligence, executive, hearing on Intelligence Oper- Committee on Small Business, Subcommittee on Urban ations, 2 p.m., H–405 Capitol. and Rural Entrepreneurship, hearing on the Oversight of Select Committee on Energy Independence and Global Warm- the Entrepreneurial Development Programs Implemented ing, hearing entitled ‘‘Nuclear Power in a Warming by the Small Business Administration and National Vet- World: Solution or Illusion?’’ 9 a.m., 311 Cannon. erans Business Development Corporation, 10 a.m., 1539 Longworth.

VerDate Aug 31 2005 02:23 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\2008NE~2\D11MR8.REC D11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE D276 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 2008

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 12 10 a.m., Wednesday, March 12

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H. Con. Res. ation of S. Con. Res. 70, Budget Resolution. 312—Revising the congressional budget for the United States Government for fiscal year 2008, establishing the congressional budget for the United States Government for fiscal year 2009, and setting forth appropriate budg- etary levels for fiscal years 2010 through 2013 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Keller, Ric, Fla., E352 Rodriguez, Ciro D., Tex., E353 Kucinich, Dennis J., Ohio, E358 Roskam, Peter J., Ill., E357 Allen, Thomas H., Me., E357 McCarthy, Kevin, Calif., E355, E356 Royce, Edward R., Calif., E349 Blunt, Roy, Mo., E354 McCollum, Betty, Minn., E355 Sa´ nchez, Linda T., Calif., E348 Boyda, Nancy E., Kans., E354 Markey, Edward J., Mass., E350 Sessions, Pete, Tex., E347 Broun, Paul C., Ga., E357 Marshall, Jim, Ga., E351 Skelton, Ike, Mo., E348 Butterfield, G.K., N.C., E356 Meek, Kendrick B., Fla., E353 Space, Zachary T., Ohio, E347, E349, E351, E352, E353, Calvert, Ken, Calif., E353 Miller, George, Calif., E351 E354 Cohen, Steve, Tenn., E350 Miller, Jeff, Fla., E349 Thompson, Bennie G., Miss., E350 Diaz-Balart, Mario, Fla., E358 Pascrell, Bill, Jr., N.J., E351 Visclosky, Peter J., Ind., E347 Franks, Trent, Ariz., E357 Peterson, John E., Pa., E348 Walberg, Timothy, Mich., E356 Johnson, Eddie Bernice, Tex., E348, E352 Poe, Ted, Tex., E355 Walsh, James T., N.Y., E349 Kanjorski, Paul E., Pa., E347 Radanovich, George, Calif., E352 Wilson, Heather, N.M., E355 Kaptur, Marcy, Ohio, E354 Rangel, Charles B., N.Y., E354 Woolsey, Lynn C., Calif., E351

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

VerDate Aug 31 2005 02:23 Jun 28, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0664 Sfmt 0664 J:\CRONLINE\2008BA~2\2008NE~2\D11MR8.REC D11MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE