[Congressional Record (Bound Edition), Volume 154 (2008), Part 1]
[Issue]
[Pages 1381-1537]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 1381]]

                   SENATE--Wednesday, February 6, 2008

  The Senate met at 9:30 a.m. and was called to order by the Honorable 
Benjamin L. Cardin, a Senator from the State of Maryland.
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  Almighty God, Heavenly Father, open our hearts to Your movement in 
our midst. As we trust Your providence and cling to Your promises, give 
us wisdom and spiritual vision to see You at work.
  Today, I claim for our lawmakers Your promise through Jeremiah: Call 
to Me, and I will answer you, and show you great and mighty things 
which you do not know.
  Lord, keep our Senators from being intimidated by the challenges they 
face. Clothe them with the armor of integrity, shield them with Your 
truth, and guide them with Your power. Help them to please You by 
living holy and peaceful lives. Give them a hunger for Your words and a 
desire to apply Your knowledge in their daily walk.
  We pray in Your precious Name. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The Honorable Benjamin L. Cardin led the Pledge of Allegiance, as 
follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




              APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

  The PRESIDING OFFICER. The clerk will please read a communication to 
the Senate from the President pro tempore (Mr. Byrd).
  The assistant legislative clerk read the following letter:

                                                      U.S. Senate,


                                        President pro tempore,

                                 Washington, DC, February 6, 2008.
     To the Senate:
       Under the provisions of rule I, section 3, of the Standing 
     Rules of the Senate, I hereby appoint the Honorable Benjamin 
     L. Cardin, a Senator from the State of Maryland, to perform 
     the duties of the Chair.
                                                   Robert C. Byrd,
                                            President pro tempore.

  Mr. CARDIN thereupon assumed the chair as Acting President pro 
tempore.

                          ____________________




                   RECOGNITION OF THE MAJORITY LEADER

  The ACTING PRESIDENT pro tempore. The majority leader is recognized.

                          ____________________




                                SCHEDULE

  Mr. REID. Mr. President, it is a big day today. Our three 
Presidentials are going to be here, and we have a 5:45 vote. We are 
looking forward to that. We don't see them as much as we used to.
  Following my remarks today and those of the Republican leader, there 
will be an hour of morning business, equally divided, with Senators 
permitted to speak therein for up to 10 minutes each. The majority will 
control the first half and the Republicans will control the second 
half.
  Following morning business, the Senate will resume consideration of 
the Foreign Intelligence Surveillance Act, as under the previous order. 
Rollcall votes may occur throughout the day in relation to FISA 
amendments. As I mentioned, there will be a 5:45 p.m. cloture vote on 
the Finance Committee amendment to the economic stimulus. Second-degree 
amendments to the finance amendment are due by 4 p.m. today.

                          ____________________




                             VIOLENT STORMS

  Mr. REID. Mr. President, being from the desert and seeing, on 
occasion, storms in the northern part of the State, it is hard for me 
to understand the power of nature we see so often--and that we see more 
often than we used to with these tornadoes occurring throughout this 
country.
  Last night and this morning, violent storms raged through five 
States, including Alabama, Arkansas, Kentucky, Mississippi, and 
Tennessee. They were violent. It appears there will be more than 50 
people declared dead, scores of people have been injured, and there was 
a tremendous loss of personal property. Our thoughts, of course, this 
morning go out to the victims. We, in all our States, have had 
occurrences relating to natural disasters. But I think we should all 
pause and think about the lives of these people who have been snuffed 
away by this violent set of storms throughout the country and the loss 
to their loved ones, their neighbors, and their families.
  We have heard reports this morning of how our first responders 
reacted. The police, firefighters, and National Guard medics worked 
through the night, around the clock, to save lives. The latest event we 
had in Nevada was so minor compared to this. We had a levy break and 
flood waters inundated hundreds of homes. We were very concerned about 
that. But the one thing we did recognize is how the police, 
firefighters, and other first responders reacted so quickly. What took 
place last night is so much more significant than what we had in 
Nevada. It is difficult to comprehend the severity of what happened 
last night. The work of the first responders, and others, will continue 
around the clock for some time. Rebuilding will begin and I am 
confident that, as a congressional body, we will be called upon to help 
in some form or fashion.


                              the economy

  Mr. President, the top priority of this Congress right now is to 
bring relief to Americans who are struggling through a troubled 
economy. One need only listen to the morning news, as I did, to see 
that the economy is stumbling and staggering. The stock market fell by 
3 percent yesterday. The Japanese markets, after that--we got reports 
today on that--fell by almost 5 percent. The European markets are down.
  Today, our work continues to try to focus attention on this troubled 
economy, to try to help in some way. As I have indicated, at 5:45, we 
will hold a cloture vote on the plan to proceed to the Senate Finance 
Committee's economic stimulus plan. I spread on the record of this body 
last night editorials from around the country supporting the Senate 
stimulus plan. It is the one that will get money into the pockets of 
people who need it and will spend it very quickly. This is in no way to 
denigrate the House plan. It was only a start.
  Why do we need a stimulus plan? Look at the stock market, look at the 
rising gasoline prices, heating for our homes, and the housing crisis, 
the foreclosure rate, which is more than 600 percent in Reno, NV. It is 
275, on average, in Florida. It is more than 300 percent in California, 
with 37 million people. The Labor Department's recent jobs report 
showed the economy lost 17,000 jobs in January. That is a few of the 
problems we should be concerned about.
  Whether American families are investing in the market--some are and 
some aren't--the gathering storm clouds point to the need for Congress 
to take action.
  The Finance Committee's plan builds on the House bill and makes it 
better. I repeat, this is not Harry Reid speaking, it is from all over 
the country, talking about the need to do something quickly and focus 
attention on the Senate stimulus plan.
  A couple of my friends on the other side have talked about why didn't 
we do this. One referred to what we have in the stimulus package as 
``Christmas tree ornaments.'' Another referred to

[[Page 1382]]

them as ``pet projects.'' I have to plead guilty to the pet projects.
  Providing rebate checks to 21.5 million seniors is a pet project of 
mine. I think it is a good program. All 51 Democrats agree it is a pet 
project we all support. Providing rebate checks to 250,000 wounded 
American veterans is another of my pet projects. Give the money to the 
seniors and to the wounded American veterans and they will spend it. 
Providing tax incentives to small and large businesses is also a pet 
project. Why? Because it will stimulate the economy and give them the 
money and they will spend it.
  I was at a breakfast at 8 o'clock this morning. We had a number of 
groups there, but the homebuilders were there. They are out in force. 
They have covered Washington. They are focusing attention on Republican 
Senators because this legislation is the most important legislation for 
the homebuilding industry to come about in the past decade. This is 
important legislation. The homebuilders have representatives in 
Washington trying to help them.
  One of the pet projects we have is extending unemployment benefits to 
people who have been out of work for a long time. I very much 
appreciate the homebuilders being advocates for our Senate stimulus 
package.
  Those who are unemployed don't have anyone here. They don't have 
lobbyists calling for Republican Senators to support it. This is the 
package we got from the Senate Finance Committee. This is an important 
part of the stimulus package--to give rebates to people who are out of 
work and have been for an extended period of time. They will spend it.
  Helping Americans struggling to pay their heating bills through the 
LIHEAP is a pet project. I have supported this project for years. We 
support this project. You give these people the money and they will 
spend it--and they will spend it now.
  The growing housing crisis is certainly a pet project of mine, as 
indicated by the statistics we have in Reno, NV, and other places in 
Nevada. We should join to build on the House bill. The bill that comes 
from the House has to go to conference anyway because there is language 
in the House bill dealing with people who are undocumented who would 
have benefits.
  I hope we can join to put this package out as quickly as possible, 
take it to conference and work with the President and come up with 
something better than the House bill.
  The stimulus package will put money in the pockets of those who will 
spend it and help our country recover from this troubled economy. We 
are in for a long, slow grind, but we can shorten it by doing something 
to stimulate the economy now. The Senate Finance Committee package does 
that. It is bipartisan, and it needs to be done as quickly as possible.

                          ____________________




                  RECOGNITION OF THE REPUBLICAN LEADER

  The ACTING PRESIDENT pro tempore. The Republican leader is 
recognized.

                          ____________________




                             WINTER STORMS

  Mr. McCONNELL. Mr. President, I will start the day by acknowledging 
the tragedy that has befallen several States in the South, including my 
own State of Kentucky.
  According to news reports, rare winter storms struck across Kentucky, 
Arkansas, Tennessee, and Mississippi. News reports indicate at least 44 
people have been killed, and 7 of those were in my State--4 in Allen 
County, which is along the Tennessee border, and 3 in Greenville, which 
is in Muhlenberg County in the western part of our State.
  Thousands more are left with damage or destroyed property or are 
without power. The authorities are still working to determine the 
extent of the damage.
  I ask my colleagues to join me in praying for the families of the 
victims and to all who have been touched by these terrible storms. 
State and local officials are working as hard as they can to survey the 
destruction and get help to anybody who needs it.

                          ____________________




                            STIMULUS PACKAGE

  Mr. McCONNELL. Mr. President, it has been 19 days since the President 
called for a stimulus plan, and economists called for swift action on 
it.
  Republicans and Democrats in the House got the message, and they made 
some hard choices, showed restraint, and forged a bipartisan compromise 
literally within days.
  Unfortunately, Senate Democrats didn't follow suit. They turned the 
idea into political gamesmanship, with the head of their campaign 
committee calling for ``tough votes.''
  The American people are tired of political ``gotcha.'' We don't have 
time for it. The economy needs a boost right now. So I think we need to 
step back and ask ourselves what this exercise was all about in the 
first place.
  My preference is to modify the House package to include rebate checks 
for seniors and disabled veterans and certainly eliminate the 
possibility that any illegal immigrants will get checks.
  The White House and Treasury Secretary have indicated support for 
such a plan, so we can expect it will be signed into law.
  Meanwhile, we have no such assurance for the alternative, larger 
proposal Senate Democrats apparently are still hashing out. We read 
this morning that ``negotiations are still ongoing'' among Democrats 
about what to include in the final package.
  We started out united behind a proposal to help struggling taxpayers 
and stimulate the economy. Now some are insisting on a plan that might 
not even be signed into law.
  However, there is still another choice. We can still pass a bill that 
is targeted and timely and which helps seniors and disabled veterans--
and that is the amendment I will be offering later today with Senator 
Stevens.
  The Reid amendment, on the other hand, might not even get signed.
  So should the Reid amendment fail, we should immediately move to 
include seniors and disabled veterans, exclude those who are not legal 
citizens, and then quickly send this good, bipartisan, House-passed 
bill, as amended, back to the House, which I am sure will pass it 
quickly, and send it to the White House for signature. To do less would 
break faith with the American people who were told nearly 3 weeks ago 
they could expect relief quickly.
  I urge my colleagues and the whole body to support it so we can 
deliver timely help to the American people.
  Mr. President, I yield the floor.

                          ____________________




                       RESERVATION OF LEADER TIME

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
leadership time is reserved.

                          ____________________




                            MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Under the previous order, there 
will now be a period for the transaction of morning business for up to 
60 minutes, with Senators permitted to speak therein for up to 10 
minutes each, with the time equally divided and controlled between the 
two leaders or their designees, with the majority in control of the 
first half and the Republicans in control of the final half.
  The Senator from New Mexico is recognized.

                          ____________________




                    FOREST LANDSCAPE RESTORATION ACT

  Mr. BINGAMAN. Mr. President, yesterday I introduced legislation that 
has been given the number S. 2593, the Forest Landscape Restoration Act 
of 2008. I developed this legislation with Senators Domenici and 
Feinstein, who are cosponsors of the bill. We also have as cosponsors 
Senators Allard, Wyden, Salazar, Cantwell, Craig, Akaka, and Crapo. I 
also am pleased to point out that Chairman Grijalva in the House of 
Representatives is introducing a companion bill, and I look forward to 
working with him as his subcommittee in the Natural Resources

[[Page 1383]]

Committee moves forward with that bill.
  This legislation establishes a program to select and fund projects 
that restore forests at a landscape scale through a process that 
encourages collaboration, relies on the best available science, 
facilitates local economic development, and leverages local funds with 
national and private funding.
  As many of my colleagues know, we are facing serious forest health 
and wildfire challenges throughout our country. A century of over-
aggressive fire suppression, logging, and other land uses have 
significantly deteriorated entire landscapes.
  These conditions have played an important role in the extraordinary 
wildfires and insect-caused mortality that we have seen literally on 
millions of acres of national forest and other lands. To address these 
problems, it is critical that we begin trying to restore our forests on 
a landscape scale.
  Landscape-scale restoration is key for controlling wildfire 
suppression costs. It is an important component of successful economic 
development. It is important for the health of many of our forest 
ecosystems.
  Despite the importance of landscape-scale restoration, neither the 
National Fire Plan nor the Healthy Forest Restoration Act nor any of 
the other efforts we have made to date have been very successful in 
facilitating restoration and hazardous fuels reduction on landscape 
scales. A lack of sufficient funding is one of the primary reasons. 
Restoring landscapes takes a significant amount of funding over a 
significant period of time.
  To address that problem, the Forest Landscape Restoration Act 
authorizes $40 million per year for 10 years to be paid into a national 
pool. Eligible landscape restoration projects from around the country 
would compete for a portion of that money. Mr. President, $40 million 
is not nearly enough money to fund landscape-scale treatments in all of 
the forest landscapes that need restoration, but it is a realistic 
amount for us to pursue at this time, and it is enough to make 
landscape-scale restoration a reality.
  Because of funding and other challenges, landscape-scale restoration 
remains largely theoretical. As a result, this legislation is designed 
to be both practical and experimental. It does not redirect existing 
efforts. Instead, it adds to existing efforts by creating a program 
that will make planning, funding, and carrying out at least a handful 
of these landscape-scale restoration projects possible.
  Again, I thank Senators Domenici and Feinstein and the other 
cosponsors of this legislation for working with me on this bill. I also 
thank the many stakeholders from across the spectrum for their input on 
the legislation, including the Nature Conservancy which has been very 
supportive of this effort.
  Mr. President, I yield the floor.
  The ACTING PRESIDENT pro tempore. The assistant majority leader.

                          ____________________




                       ECONOMIC STIMULUS PACKAGE

  Mr. DURBIN. Mr. President, I thank the majority leader, Senator Reid, 
who was here earlier today talking about the economic stimulus package. 
What I have tried to do is to understand at this moment where the 
Republicans are, and it is hard to follow because initially there was 
agreement between the Republican and Democratic leaders in the House--
Speaker Pelosi, Congressman Boehner, and Secretary Paulson of the Bush 
administration. They came up with the notion that to get the economy 
moving forward, we should send a rebate check of about $600 for 
individuals and $1,200 for families and additional money for children 
across the country, which is certainly an excellent starting point 
because the administration was persuaded to include the lower income 
families across America, and there were limits on family income as to 
eligibility.
  The Senate Finance Committee took up this proposal from the House and 
suggested a few changes. I think each one of them is a positive change. 
For instance, they said: Let's include 21 million seniors receiving 
Social Security checks. If the idea is to put the money in the hands of 
people who will spend it, certainly our seniors on fixed incomes, many 
who struggle with utility bills, keeping their homes warm, paying for 
gasoline, the cost of food and prescription drugs, they can use the 
money. An additional $500 or $600 will be spent by them. That was 
included in the Senate finance package. That was not in the original 
House version. I think that is a positive improvement.
  Then they also said: If we are talking about groups of people who 
should be recognized, those disabled veterans from previous conflicts 
and certainly from Iraq and Afghanistan should be included as well. 
There is argument here. Those men and women certainly deserve special 
consideration for all they have given to America. So that was added to 
the House version of the bill on the part of the Senate Finance 
Committee.
  Then they went to another category, and this is one the economists 
say is a very important category: people who are currently unemployed, 
those folks looking for jobs, many of whom are struggling to keep their 
families together while they find a job after they have been laid off 
from previous employment. If they receive additional money, economists 
say they are most likely to spend it in a hurry. So they encouraged us 
to include them in the relief we are providing with this tax rebate.
  I have been listening carefully to see if our Republican colleagues 
believe these people deserve help as well. I am beginning to believe 
this is the real problem the Republicans have. They are concerned about 
giving additional money to people who are currently unemployed. 
Yesterday, one Senator from Texas on the Republican side said that just 
encourages them not to find work. I took a look at the amount of money 
that is paid to people on unemployment. It is hard to believe that is 
the kind of money that will lead to a life of leisure, where you 
decide: Heck, I don't need a job; I have unemployment benefits.
  It turns out that unemployment benefits are not that generous--$500 a 
week would be a big number, and for many it is a lot less. If we 
suggest people will stop working with that kind of income, I think it 
overlooks the obvious. Many people in lower income categories struggle 
from paycheck to paycheck. Losing a job creates a family emergency. 
What we are talking about is whether we should provide additional help 
to those unemployed. This has been done before. It is not a new 
concept. In fact, historically, if you want to fire up the economy and 
put spending power in the hands of people across America, helping the 
unemployed is one of the first places you turn.
  The way the Finance Committee does it is to extend unemployment 
benefits, currently at 13 weeks, another 13 weeks, which will be 
another 3 months or so, except for States with the highest 
unemployment, and then they would be extended another 26 weeks total. 
That is a way of providing special help in areas of high unemployment.
  I took a look at the estimated number of people who will exhaust 
their jobless benefits State by State. In my State, it is 57,000 
people. Let's take a look at a State such as Senator McConnell's State 
of Kentucky: 11,458 people will see their unemployment benefits end 
unless we enact this Senate Finance Committee version of the bill; 
Arizona, Senator Kyl's home State, 18,846. Let's go down to Texas where 
Senator Cornyn says he thinks this encourages people not to look for 
work: 49,000 people are about to lose their unemployment insurance 
benefits.
  The point is, unemployment is at a relatively low level in this 
country, according to Senator Kyl. These are his words:

       Unemployment is at a relatively low level in this country, 
     and it would be a huge mistake to exacerbate the unemployment 
     situation by extending unemployment benefits.

  I am quoting from a statement that Senator Kyl made, not Senator 
Cornyn. I want to make that correction for the record. Senator Kyl was 
the one who questioned the wisdom of extending unemployment benefits.
  So in Senator Kyl's home State, it appears that 18,846 people are 
about to

[[Page 1384]]

see their unemployment benefits come to an end, and he, I assume from 
his argument, believes that is a good thing because now this will prod 
them into looking for work, and he is not supporting extension of these 
unemployment benefits for 18,846 people in his home State.
  That has become one of the major elements of debate in terms of 
whether the Republicans will support the Senate Finance Committee 
version. Let me add, it was a bipartisan vote that brought the bill out 
of committee--Senator Grassley of Iowa, joining with, I believe, 
Senator Smith of Oregon and Senator Snowe of Maine, if I am not 
mistaken. All three voted for the Senate Finance Committee version of 
the bill that was brought to the floor.
  Let's take a look at some other States where unemployment benefits 
might be important. In the State of Mississippi, 7,819 are about to 
lose their unemployment benefits unless the Senate finance version 
passes as an economic stimulus. As I mentioned, in my home State of 
Illinois, 57,000 are looking for assistance in that regard.
  As I go through this list--North Carolina is another good example. 
North Carolina, 48,000 people in the State, obviously suffering from 
some high unemployment, are about to lose their unemployment benefits. 
The State of Ohio, 35,320 otherwise will lose their unemployment 
benefits.
  Mr. President, I ask unanimous consent to have printed in the Record 
this table so all the States, based on the current U.S. Department of 
Labor data, will be reported officially in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

------------------------------------------------------------------------
                                                       Estimated number
                                                        of people that
                                                      will exhaust State
                        State                          jobless benefits
                                                       (January to June
                                                             2008)
------------------------------------------------------------------------
Alabama.............................................              12,510
Alaska..............................................               6,913
Arizona.............................................              18,846
Arkansas............................................              16,505
California..........................................             218,496
Colorado............................................              12,996
Connecticut.........................................              17,250
Delaware............................................               3,776
D.C.................................................               4,769
Florida.............................................              86,092
Georgia.............................................              39,826
Hawaii..............................................               2,654
Idaho...............................................               5,151
Illinois............................................              57,093
Indiana.............................................              33,598
Iowa................................................               8,736
Kansas..............................................               7,754
Kentucky............................................              11,458
Louisiana...........................................              11,140
Maine...............................................               4,019
Maryland............................................              15,848
Massachusetts.......................................              34,275
Michigan............................................              72,136
Minnesota...........................................              19,237
Mississippi.........................................               7,819
Missouri............................................              17,727
Montana.............................................               2,996
Nebraska............................................               6,009
Nevada..............................................              15,645
New Hampshire.......................................               1,848
New Jersey..........................................              66,415
New Mexico..........................................               6,142
New York............................................              84,866
North Carolina......................................              48,245
North Dakota........................................               1,562
Ohio................................................              35,320
Oklahoma............................................               7,515
Oregon..............................................              20,695
Pennsylvania........................................              58,976
Rhode Island........................................               7,038
South Carolina......................................              21,960
South Dakota........................................                 304
Tennessee...........................................              22,037
Texas...............................................              49,104
Utah................................................               4,029
Vermont.............................................               1,763
Virginia............................................              17,076
Washington..........................................              18,253
West Virginia.......................................               4,179
Wisconsin...........................................              32,401
Wyoming.............................................               1,147
                                                     -------------------
    Total...........................................           1,282,149
------------------------------------------------------------------------
Source: U.S. Department of Labor data.

  Mr. DURBIN. Mr. President, as this economy continues to deteriorate 
and we see these wild gyrations in the stock market, there are a lot of 
people concerned. Yesterday, the stock market went down over 300 
points. I know it has its good days and bad days, but it has had more 
bad days than good days for a long time.
  A lot of people in days gone by paid little or no attention to the 
stock market. My mom and dad did not own a share of stock during their 
married life. They were too busy raising three kids. They could not 
afford anything like that. If they could put a few bucks in the savings 
account to save up for the next used car, that is all they looked 
forward to.
  A lot of people view it differently because that stock market 
reflects the value of 401(k) plans, IRAs, retirement plans, and savings 
that people count on in years to come. When the stock market is heading 
south, people are looking at it in worried terms.
  What we are trying to do is invigorate this economy and get it moving 
again. For the longest time, the Republicans have argued that the best 
way to invigorate the economy in good times and bad is to give tax cuts 
to the wealthiest people in America. They have this notion that if 
wealthy people have more money, they somehow will fire up the economy.
  I come from a different economic school. It started with Principles 
of Economics that I took at Georgetown University not too far from here 
when Father Zyrinyi came into our class and explained the marginal 
propensity to save. If you are a wealthy person, you are more likely to 
save the next dollar handed to you than a poor person, who is more 
likely to spend it. So if you want to get the economy going and fired 
up, you would give as many dollars as you can to those in lower income 
categories.
  Historically, the Republican approach has been just the opposite: 
Give the tax cuts, give more spending power to people who are 
wealthier--folks who have not asked for it and folks who, in many 
cases, do not need it. In my opinion, a tax code, if it is to be fair, 
is going to be progressive and say to those struggling at the lower 
ends--the working families and middle-income families--let's be 
generous to them because they are the ones living paycheck to paycheck.
  Well, now the chickens have come home to roost with this economy. As 
the economy is heading downward, the Bush administration has discovered 
poor people. They have discovered working families. It is no longer 
just a matter of tax cuts for people making over $300,000 or $400,000 a 
year.
  So if we are going to be sensible and really want to enliven this 
economy, the unemployment benefits are the obvious place to turn. 
Extending unemployment benefits is not only humane and moral for 
families out of work, but it works to try to breathe some life into 
this economy and start more consumer demand and, with that consumer 
demand, the expansion of business and the expansion of employment and 
profits and ultimately an improvement in the stock market. That is just 
fundamental Keynesian economics that we have studied over the years.
  This resistance on the Republican side to helping unemployed people 
is troublesome. It is the same mindset that was in vogue on the 
Republican side for years when they opposed increasing the basic 
minimum wage in this country. That used to be bipartisan. It wasn't 
politically dogmatic to be against increasing the minimum wage. Even 
Republican Presidents did. But then came this new mindset which said 
that even if people are working for a small amount of money, they can 
just get another job if they need to get by. That is hardly consistent 
with family values, but it prevailed. Over a long period of time--10 
years, in fact--there was no increase in the Federal minimum wage, 
until Democrats took control of Congress last year. We point to that 
with pride because it is something House and Senate Democrats promised 
would be high on the priority list, and we did it. Again, we were 
focusing on people left behind in an economy that is not as powerful 
and as healthy as we would like it to be. Now unemployment benefits fit 
the same category.
  When I think of plants across Illinois that have closed, putting 
people out of work--not to mention smaller businesses--it is through no 
fault of their own that people who once worked at a good manufacturing 
plant in Illinois or any other State don't have a job today. They have 
lost their benefits, lost their health insurance in many instances, and 
don't know which way to turn. Some have limited education and need time 
to at least get back to school or back for some training so that they 
can make some money again. Why wouldn't we want to help these people?
  Beyond the economics of it, doesn't it seem only fair, if we are 
going to try

[[Page 1385]]

to help people and help the economy, that we would start with the 
unemployed? The list which I have submitted, which will be printed in 
the Congressional Record, is an indication of how many, nationwide, it 
would help. The number is roughly 1.3 million who would be helped by 
the extension of unemployment insurance benefits.
  When Senator Kyl argues it would be a huge mistake to help the 
unemployed in America, he is arguing against the bipartisan approach to 
fighting recession which we have had for the longest period of time. I 
hope his opinion on this bill does not prevail. We need to do our best 
to try to help the families who are trying to get by.
  In my home State of Illinois, since President Bush took office 7 
years ago, relative to inflation, the median household income has 
decreased by 10 percent. So instead of an improvement in income, 
families in my State have seen their income go down during President 
Bush's administration.
  The number of residents of my State living in poverty since President 
Bush came to office has grown by 10 percent in that same period of 
time. And that was a period of time when the Republicans and the 
President were resisting the idea of increasing the minimum wage, 
incidentally.
  Health care premiums in Illinois have risen 29 percent since 
President Bush took office, and 152,000 more people in my State don't 
have health insurance since President Bush came into office.
  Those families lucky enough to get their kids in college are facing 
sticker shock. The cost of college in Illinois has risen 51 percent 
since President Bush was sworn in.
  A gallon of gas, of course, is up 77 percent in cost, which is an 
added expense, particularly to low-income families.
  To make ends meet, families across America, and certainly in 
Illinois, have no place to turn but debt. Debt for these families has 
increased at a rate four times faster than it did in the 1990s. And it 
is not just families sinking in debt. The President's new budget makes 
it clear that America is sinking in debt. Senator Conrad, chairman of 
the Budget Committee, made a presentation to us yesterday indicating 
that President Bush inherited a surplus when he came into office and a 
national debt in the area of $5.7 trillion, and now it could virtually 
double by the time he leaves office. So this is the reality that faces 
us.
  Mr. President, how much time remains in morning business?
  The ACTING PRESIDENT pro tempore. On the majority side, 10 minutes.
  Mr. DURBIN. Ten minutes. I see no other Members seeking recognition, 
so I will stay on this point in recognition of the economic situation 
we are facing.
  The national debt of America has doubled in the last 7 years under 
President Bush. We have accumulated more debt under President Bush than 
under all of the previous Presidents of the United States combined. 
Now, that is the kind of statement that could easily be challenged but 
I don't think will be because we have the facts to back us up. We have 
incurred this debt because we have had a war the President has not paid 
for, nor asked Congress to pay for, and we have had a tax cut policy 
which is unique in the history of our country. No President of our 
country has ever asked for a tax cut in the midst of a war.
  Here is a figure that ought to concern us as well. Since March 2001, 
foreign investors have financed nearly 80 percent of our Federal budget 
deficit. So in order to get by, if you are spending more than you are 
raising in taxes, we have to borrow it, and we borrow it from foreign 
governments, which increasingly become our bankers and mortgagers. It 
is not a healthy relationship when countries such as China, Japan, 
Korea, and the OPEC nations become the largest creditors of the United 
States. They have a lot more clout than we might like to see.
  It was just a few months ago that there was speculation by one 
economist in China that they may decide to move away from a dollar-
denominated international transaction to use the Euro, which is a 
stronger currency than the American dollar. Just that rumor, from a 
low-level economist in China, sent chills through the stock market, and 
we saw stock prices go down. It is an indication of how dependent we 
are becoming as a nation as we go further in debt to fund a war which 
now costs $4 billion a week and also to fund tax cuts in the midst of 
that war primarily for the wealthiest people.
  The President has said many times that he believes in the so-called 
ownership society. But the ownership society hasn't given most American 
families greater control over their financial destiny. The owners of 
the ownership society, by and large, have zip codes overseas. They are 
foreign investors who own the debt of America.
  There are a lot of suggestions of how to get out of this. Some have 
suggested corporate tax cuts and others, but I think direct help to 
working families is the most effective way to do it. The rebates we 
would send to those families is money that could be well spent. I think 
this extension of unemployment insurance has been proven to be very 
effective. Mark Zandi, who is with Moody's Economy.com, estimates this 
would be the second most effective stimulus measure of all the ideas 
under consideration, generating $1.64 in increased economic activity 
for every dollar of rebate. This money can be distributed very quickly, 
since the weekly benefits are capped at $350 for a single individual in 
Illinois, and it wouldn't cost that much to extend it.
  The Senate finance package is a great bill. We could have done 
better. I wish we could have included, for example, an improvement in 
food stamps. Over the holidays, last Christmas season, I went to food 
banks around Illinois. These are some great people. They do not work to 
make a lot of money, but they work to do a lot of good in their 
communities. They gather surplus food and distribute it to families who 
need it, and they are finding that more and more working families are 
showing up at food banks, and more and more families, even if they are 
working, can qualify for food stamps. So food stamps, which, 
unfortunately, don't provide enough money to really cover the cost of 
meals, could be improved, and that would help our economy. It is not 
included in the Senate finance package, but it should be.
  Finally, I think we need to understand that one of the other ways we 
can help bring this economy forward is to invest in the infrastructure 
of America. I just flew in this morning from Chicago--one of our great 
American cities. But even that city, with its mass-transit system, 
needs a massive capital investment, not only to repair what is there 
but to extend it for service to other areas. It would be good for our 
economy, certainly good for the environment, and it will create good 
jobs. These are jobs that can't be outsourced. When we are doing 
infrastructure projects in Maryland or in Tennessee, we are doing 
projects that have real value, not only for the communities but for the 
men and women who are at work and whose paychecks are invested back 
into the communities.
  So I am hopeful that at some point beyond this current discussion 
about an emergency stimulus package, we can extend our stimulus 
approach to even more investment--investment in highways and mass 
transit; in bridges, in making certain they are safe and we don't 
witness the kind of tragedy we had not that long ago in Minneapolis; 
investments in water resource development--for instance, the locks and 
dams on the Mississippi and Illinois Rivers, desperately in need of 
rebuilding. All those are good opportunities to put people to work, to 
reduce the unemployment rate, and to put money back into the economy. 
There is hardly a State in our Nation that can't come up with critical 
infrastructure projects we could invest in to make America stronger. It 
is one of the few things Government does which we can show has a direct 
relationship to economic growth.
  Certainly we understand that this current economic crisis we face had 
its genesis in the subprime mortgage market, and we shouldn't overlook 
the fact

[[Page 1386]]

that 2.2 million Americans stand to lose their homes to foreclosure. I 
think the administration's proposal so far has been anemic. This notion 
that we would ask mortgage companies and financial institutions to 
voluntarily restructure mortgages will take us, perhaps, a short walk 
down the road but not where we should be. We need to find better ways 
to give these families, if they can, the ability to stay in their homes 
and make their mortgage payments.
  I have a bill that changes the Bankruptcy Code, that allows a 
bankruptcy court to take an honest look at a person's income potential 
and restructure a mortgage so that they can stay in their home and 
won't face foreclosure. Foreclosure is a disaster not only for the 
family losing the home but for those who loaned the money for that home 
and, ultimately, for the neighborhood surrounding it.
  So Mr. President, there is certainly much we can do. I am sorry we 
didn't get a lot more done yesterday. We tried, but the Republicans 
resisted again. They wanted another day off, and we had it. Instead of 
getting serious about amendments to the Foreign Intelligence 
Surveillance Act, instead of having the debate leading up to amendments 
and the vote on the economic stimulus package, the clock ran out.
  Well, it is about time for the Senate to roll up its sleeves and get 
to work so America can get to work. I hope that today the votes that 
are scheduled will be the beginning of an honest debate and that at the 
end of the day we will pass an economic stimulus package, conference 
with the House, and send it to the President for his signature before 
we break for our Presidents Day recess period which begins next week.
  Mr. President, I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Tennessee.

                          ____________________




                          TENNESSEE TORNADOES

  Mr. CORKER. Mr. President, I had originally scheduled time to speak a 
little about the stimulus package and the many frailties I see with 
this package. However, due to the tragedy last night in Tennessee, I 
wish to talk on a different subject matter.
  The senior Senator from Tennessee joins me on the floor this morning, 
and, Mr. President, I ask unanimous consent to yield half of my time to 
the great Lamar Alexander, the senior Senator from Tennessee, if that 
would be acceptable.
  The ACTING PRESIDENT pro tempore. The senior Senator from Tennessee 
is recognized.
  Mr. ALEXANDER. Mr. President, I thank my colleague from Chattanooga 
for his courtesy. I, too, would like to talk about the economic 
stimulus package and how we Republicans have been ready to go to work 
on it for 2 weeks, and will later today. But Senator Corker and I have 
something that is closer to our heart today, and that is the 
devastation that came across our State last night from a string of 
tornadoes that was as rough and as pervasive as anything I have seen in 
my lifetime.
  Most Americans saw reports of it while they were watching coverage of 
the elections, but the trouble began in Memphis in the middle of the 
day, with schools being closed because of tornadoes. It moved on to 
Jackson, where 3,300 students at Union University barely escaped, 
although the school was heavily damaged.
  Often, tornadoes and severe weather of this type head in one 
direction and then the other, but this one just kept going. It kept on 
going into middle Tennessee, to Sumner County and Macon County, where 
several lives were lost, and moved into east Tennessee and the mountain 
area just this morning. So there is a lot of trouble in our State as a 
result of that, and Senator Corker and I want the people of our State 
to know we have been monitoring that during the night, and we and our 
staffs are working together today.
  We have talked to the Governor and State officials, local officials. 
I talked to the athletic director of Union University on his cell phone 
a few minutes ago. I was trying to reach David Dockery, the president 
of Union University.
  So for the next several days, we will be doing all we can do from the 
Federal level to assist the Governor and the local officials in dealing 
with the devastation that was caused last night by the severe storms. 
Forty-five people were killed, more than another 100 injured, a lot of 
damage to buildings in areas across our State.
  I thank Senator Corker for taking this time to allow us to express to 
our constituents our feelings for them. We do want them to know they 
have our full attention today. The Governor is at the front of the 
line. That is the way we do things in Tennessee. We work easily with 
him and his staff and the local official. We will stay in touch with 
them, and those who need to be in touch with our Senate offices can do 
that.
  We will move promptly to deal with applications for disaster relief. 
Sometimes they say they need to take enough time to be accurately 
filled out rather than have a race to the mailbox to get those in. But 
we will be working with local officials with those to do all we can.
  I thank the Senator from Tennessee, Mr. Corker, for his courtesy in 
allowing me to express my remarks, and I look forward to working with 
him to help deal with the pain that has been caused to many 
Tennesseans.
  I yield for Senator Corker.
  Mr. CORKER. Mr. President, thank you for letting me spend a few 
minutes on this topic that is such a huge issue in the State of 
Tennessee. I certainly thank our senior Senator for his leadership. Our 
senior Senator was also the Governor of Tennessee. I know he knows full 
well what many people across our State today are facing.
  Again, I thank him for his leadership on so many issues. I know both 
of us today have spent time talking with county mayors across the State 
of Tennessee, talking with our Governor, talking with officials at 
Union University and other places. I know that for all of us our hearts 
and prayers go out not only to the people of Tennessee but also the 
Mississippi, Arkansas, and Kentucky people who also are dealing with 
some very tragic circumstances.
  I know people in Tennessee are looking to their county mayors and our 
Governor for leadership, their officials with the National Guard, and 
FEMA. My understanding is they are providing outstanding leadership and 
that people have worked throughout the night to make sure that relief 
has been given, that people have been taken into homes and other 
places. Today, as they begin to dig out, if you will, and really see 
the extent of the damage, that will continue.
  I am very proud to serve with Lamar Alexander and to be with him 
today. I know both of us want the people of Tennessee to know we are 
very aware of the tragedy they are dealing with. We are with them and 
their elected officials at the local and State level. We want to work 
with them as time goes on to make sure that much needed Federal relief, 
which will be on the way down the road, is forthcoming.
  I wish to thank all of those volunteers. I have heard stories of 
heroic things throughout our State where ordinary citizens have done 
things to ease the pain and to create safety for many of our citizens 
in harm's way.
  Again, our thoughts and prayers are with all of our citizens, 
especially those who have been so tragically affected by the events of 
the last 24 hours.
  I yield the floor, and I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant bill clerk proceeded to call the roll.
  Mr. DeMINT. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The Senator from South Carolina is recognized.

                          ____________________




                           ECONOMIC STIMULUS

  Mr. DeMINT. Mr. President, I rise to talk about the economic stimulus

[[Page 1387]]

 package we are discussing in the Senate. I certainly appreciate the 
concern the President and all of us have in the House and Senate about 
our economy and wanting to do everything we can to make sure we avoid 
an economic slowdown or recession that creates so much hardship through 
the loss of jobs and, in many cases, a loss of homes. It is something 
we definitely need to address. It is equally important, as we look at 
our economic situation, to make sure we allow economic growth and 
prosperity to work for more people. It is not just about our economic 
situation as a whole growing but making sure everyone can share in that 
prosperity.
  It is important, as we look at the best way to stimulate the economy 
and keep it going, to remember that good jobs and a good economy depend 
on successful companies making good profits. In order for that to 
happen, we have to create a good business environment. Our goal as a 
Congress should be to make sure America is the best place in the world 
to do business. Unless we do that, we will continue to lose ground to 
countries all over the world. It is going to be increasingly difficult 
to sustain long-term economic growth. The world is becoming 
increasingly competitive. We hear it every day. We hear from Asia and 
India which are actually courting businesses with incentives to 
encourage companies to locate in their countries, creating a good 
business environment with less regulation and less taxes so that people 
will bring their manufacturing plants, their people, and their capital 
to their countries. It is working. Even stodgy old Europe that we 
imagine to be a high-tax and highly regulated network of countries is 
changing to be more competitive in the world economy. They have lowered 
their corporate tax rate to an average of about 25 percent. Some of 
their countries such as Ireland have gone down close to 10 percent and 
have seen remarkable economic growth as they have lowered their tax 
rate.
  Why is this country not responding in the same way? It hasn't been 
too long since I have been in the private sector working with 
businesses. I continue to hear the same sentiment. If we are going to 
do business in America today, before we get to the equipment and the 
people actually making the products or providing services, a medium-
sized American company today is likely to have a large tax department. 
It could spend millions on dealing with our Tax Code. We have the most 
complex tax system in the world and probably the highest corporate tax 
rate in the world. Some will say it is second. Some say it is first. 
But we are definitely near the top at around 35 percent. So they start 
with a large tax department.
  Then most of our companies also have large legal departments because 
we are the most litigious society in the world. The most liability for 
any country is to do business in America. It is not unusual to talk to 
successful, well-known American companies that are dealing with 
hundreds, if not thousands, of lawsuits at the same time. So they keep 
a full-time fleet of lawyers and law firms on retainer dealing with the 
lawsuits and the legal situations.
  These same companies also have large human resource and compliance 
departments to deal with all of our regulations--some of them good, 
many unnecessary. A lot of regulations related to capital and 
reporting, such as Sarbanes-Oxley, are costing companies millions of 
dollars unnecessarily because Congress is unwilling to fix those things 
we know are wrong. So there is a large tax department, a large legal 
department, a large human resource compliance and regulatory 
department, before we get to manufacturing and actually making things. 
We are making it very difficult for our companies to compete.
  Add to that the cost of energy which is one of the highest in the 
world. That goes back to bad policy as well. For years we have known we 
have large oil and natural gas reserves. We have known we could develop 
more nuclear generation of electricity. Yet we have not allowed nuclear 
plants to be developed. We have large reserves of oil in Alaska, which 
we have consistently voted down in the Congress, and natural gas we 
don't go after. Therefore, we are not only spending hundreds more for 
every family for gasoline for cars or oil to heat homes or more for 
electricity, we are sending hundreds of billions of dollars a year out 
of this country that could support our economy yet is supporting the 
Middle East and other economies around the world. Yet we will not 
change the policy. We will not develop our own energy resources. 
Instead, we are making it harder to produce automobiles in this 
country, putting the burden on them consistently.
  Now, instead of trying to fix some of the systemic policy problems, 
we are talking about an economic stimulus plan which I have yet to 
hear, at least on the Republican side in our private meetings, one 
Republican defend as good policy. Maybe some will come out here and do 
so. But everyone on both sides is talking about good politics. We are 
doing nothing for long-term growth. We are doing nothing to create a 
simpler, more predictable Tax Code or reducing our regulation or 
litigation. What we are going to do in time for the election is to get 
a check in the hands of as many people as we can, and we are borrowing 
it from the future. The debt is growing. We are going to borrow the 
money to send checks home to Americans.
  In 10 years on the present course, bonds for the American Government 
will be rated as junk bonds in the world because we continue to look at 
the next election rather than the future of the country.
  It is obvious what we could do to develop a long-term, sustained 
economic growth pattern. If we made the current tax rates permanent, 
the ones we know have stimulated our economy, that would allow 
companies to plan past 3 years to build new plants, to buy new capital 
equipment, to hire new people. Right now American companies trying to 
do business in this country do not know what their tax rates are going 
to be after 2010. In fact, if we do nothing in Congress, they know they 
will experience the highest tax increase in history. Yet we are not 
even willing to talk about it. All of us know we need to lower our 
corporate tax rate to at least be comparable to Europe at 25 percent. 
Yet we are not doing it. So more of our capital, more of our jobs, more 
businesses will continue to move offshore. Sending people a few hundred 
dollars to pay down their credit cards is not going to help grow our 
economy.
  There are other things we know we can do. We know we can bring 
capital from overseas back home for investment and growth if we lower 
the corporate tax rate as we did a few years ago, what we call 
repatriating those dollars. Even temporarily lowering that rate would 
bring capital home and encourage growth.
  The one part of the stimulus package that does make sense is to allow 
companies to expense or to speed up depreciation of capital they buy so 
it will encourage them to grow and make decisions now because the 
people who make that equipment have jobs, and those who operate that 
equipment have jobs. So it would provide some stimulus. But it is most 
important that we have a predictable, permanent system where people can 
do business and be competitive around the world. It is unfortunate in 
all this debate that we are not even willing to talk about it.
  I appreciate the time to express my concerns. I am thankful everyone 
is concerned about the economy and those who have lost their jobs and 
may lose them in the future. But what we are doing as a Congress is 
talking about doing something that we are not really doing: we are not 
stimulating the economy. This is not an economic stimulus package. It 
is a political stimulus package that is designed to help folks in 
November.
  I know every American needs a check and probably none will turn it 
down. But, unfortunately, we are making false promises that will not 
carry into long-term economic growth.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Brown). The Senator from Utah.
  Mr. HATCH. Mr. President, I ask unanimous consent that my remarks be 
considered as in morning business

[[Page 1388]]

but fall in line with regard to the bill before us.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                 FOREIGN INTELLIGENCE SURVEILLANCE ACT


                           Amendment No. 3913

  Mr. HATCH. Mr. President, I wanted to briefly mention my opposition 
to amendment No. 3913 offered by the Senator from Wisconsin. This 
amendment relates to reverse targeting, which is a theory that the 
Government could target a foreign person abroad when the real intention 
is to target a U.S. person, thus circumventing the need to get a 
warrant for the U.S. person. Quite simply, reverse targeting is already 
considered illegal under FISA. Going even further, the Intelligence 
Committee bill has a very explicit prohibition against reverse 
targeting. The amendment offered by the Senator from Wisconsin adds 
subjective language which completely alters the meaning of the original 
bipartisan provision.
  I asked Attorney General Mukasey this during a hearing on Wednesday, 
and here is our exchange.

       HATCH: Now the topic of reverse targeting has been 
     mentioned often during the FISA reform debate. From an 
     intelligence perspective, reverse targeting makes no sense. 
     From an efficiency standpoint, if the government was 
     interested in targeting an American, it would apply for a 
     warrant to listen to all of that person's conversations, 
     wouldn't it? Not just his conversations with terrorists 
     overseas?
       MUKASEY: Correct.
       HATCH: Now, I asked General Wainstein about this during the 
     Judiciary Committee hearing last October, and he reiterated 
     the government's view that FISA itself makes reverse 
     targeting illegal. Does the DOJ still consider reverse 
     targeting illegal under FISA?
       MUKASEY: Absolutely.
       HATCH: Are you aware of any instances of intelligence 
     analysts utilizing reverse targeting?
       MUKASEY: I am not aware of any such instances.

  We are enacting national security legislation, and it is our 
responsibility to ensure that this bill does not lead to unintended 
consequences which provide protections to terrorists. This amendment is 
absolutely unnecessary, and I urge my colleagues to oppose it.


                           Amendment No. 3920

  Mr. President, I wish to say a few remarks with regard to my dear 
friend, Senator Whitehouse's amendment to authorize the FISC, the 
Foreign Intelligence Surveillance Court, to assess compliance with 
minimization techniques. I rise to express my opposition to the 
Whitehouse amendment No. 3920.
  My opposition to the Whitehouse amendment is related to the totality 
of this bill. This is an amendment that greatly expands the Foreign 
Intelligence Surveillance Court's jurisdiction. Keeping in mind that 
the bill before us already expands FISC jurisdiction of foreign 
collection to an unprecedented high historical level, this amendment 
tips the balance and could lead to real-life instances of intelligence 
analysts' operational decisions being second guessed by the court.
  The original approach and goals of this legislation were simple and 
twofold. Goal No. 1: Wire communications taking place in 2008 should 
receive the same treatment as radio communications taking place in 
1978; and goal No. 2: Our intelligence community's sources and methods 
should not be subject to exposure by litigation brought about by 
hearsay and innuendo.
  I am pleased the legislation before us provides more protections to 
American citizens than any intelligence bill in my recent memory, and 
certainly more than the original FISA law.
  Over the last several months, a great deal of attention has been 
given to the FISC, the Foreign Intelligence Surveillance Court. The 
FISC was created by the original FISA law, and its jurisdiction was 
extremely limited by that law. Here is what the FISC was created to do.
  Foreign Intelligence Surveillance Court: ``A court which shall have 
jurisdiction to hear applications for and grant orders approving 
electronic surveillance.''
  This jurisdiction is purposefully limited, as the task of reviewing 
applications to intercept electronic communications is among the most 
important tasks our Government can do to protect our country and its 
citizens. Terrorists have to communicate to plan and execute attacks, 
and our interception of these communications is paramount to stopping 
the next attack.
  The jurisdiction of the FISC is greatly expanded by this legislation. 
Combined with other provisions in this bill, the new oversight created 
is prevalent and comprehensive. Since the breadth of this new oversight 
is critical when determining the necessity of the amendment we are 
debating, let's look at the oversight created by this legislation.
  Let me read these five charts.
  No. 1, for the first time the FISC will review and approve 
minimization procedures used by the intelligence community.
  No. 2, for the first time the FISC will review and approve targeting 
procedures used by the intelligence community. The FISC will determine 
whether the procedures are reasonably designed to ensure targeting is 
limited to persons outside the United States.
  No. 3, for the first time, a court order will be required to target 
U.S. persons regardless of where they are in the world--for the first 
time.
  No. 4, for the first time the Attorney General and the Director of 
National Intelligence will be required to assess the intelligence 
community's compliance with court-approved targeting and minimization 
procedures. These assessments must be provided to the FISC and 
congressional Intelligence Committees.
  No. 5, new congressional oversight--for the first time Congress is 
creating statutorily required inspector general--that is the Department 
of Justice and intelligence elements--semiannual assessments of 
compliance with court-approved targeting and minimization procedures. 
These assessments must be provided to congressional Intelligence 
Committees.
  Now, given the staggering amount of new oversight, we should be very 
careful when creating mechanisms which could negatively impact our 
intelligence analysts, particularly when these mechanisms provide no 
benefit, in this case, to the privacy of American citizens.
  The intelligence community has a great deal of experience in the 
techniques used to minimize incidental communications, and very 
detailed procedures for handling these communications are contained in 
the United States Signals Intelligence Directive 18, which has been in 
effect for over 28 years.
  Remember, the Government is gathering information relating to foreign 
intelligence in order to protect national security, not necessarily for 
criminal prosecution. That is why different procedures are necessary. 
Otherwise, all national security information gathering would be changed 
to fit within the procedures of title III criminal wiretaps, which is 
impossible.
  Minimization techniques deal not just with retention and 
dissemination, but with acquisition. Analysts make decisions up front 
whether to acquire, keep, or share U.S. person information based on 
whether it has foreign intelligence value.
  This means if a judge is reviewing compliance with minimization 
procedures, this review is much more than a factual check. The judge is 
not limited to simply making sure that technical and administrative 
guidelines are followed. Rather, this amendment could allow a judge to 
question specific decisions by intelligence analysts on why they chose 
to acquire, keep, or share certain communications.
  Now this begs the question: Are judges better trained in intelligence 
collection than the intelligence analysts whose job it is to repeatedly 
perform this task? Not only do I think the answer is no, but we should 
remember what the FISC said in their recently publicly released 
opinion, which is only the third public opinion released in the history 
of the Foreign Intelligence Surveillance Court.
  Here is what the FISC said:

       Although the FISC handles a great deal of classified 
     material, FISC judges do not make

[[Page 1389]]

     classification decisions and are not intended to become 
     national security experts. Furthermore, even if a typical 
     FISC judge had more expertise in national security matters 
     than a typical district court judge, that expertise would 
     still not equal that of the Executive Branch, which is 
     constitutionally entrusted with protecting the national 
     security.

  Enactment of this amendment could result in judges making foreign 
intelligence determinations in place of trained intelligence analysts. 
Based on this unjustified scrutiny, our intelligence analysts could 
become overly cautious when determining whether to deem information as 
having intelligence value in order to avoid unwarranted judicial 
scrutiny. This could result in less foreign intelligence information 
being accumulated, and thus could mean we may miss a vital piece of 
information. Do we want to take this chance? That is what this 
amendment would do. Should we risk this type of unintended result?
  In October of 2007, I asked Assistant Attorney General Wainstein if 
putting the FISC judges in the position of assessing compliance would 
effectively put the judge in the role of an analyst. Here is what he 
said in response:

       And that is the problem, that it would get the FISC in the 
     position of being operational to the extent that it's not 
     when it assesses compliance for, let's say, the minimization 
     procedures in the typical or traditional FISA context where 
     you're talking about one order, one person. Here, some of our 
     orders might well be programmatic, where you're talking about 
     whole categories of surveillances, and that would be a tall 
     order for the FISA Court to assess compliance.

  The Whitehouse amendment also contains language which lets the FISC 
fashion remedies it determines are necessary to enforce compliance. 
This is very broad language and gives the court the ability to come up 
with whatever methods it chooses to enforce compliance. Does this mean 
that the FISC could shut down collection of information from foreign 
targets overseas while the Government addresses technical issues which 
have little to do with the privacy of American citizens? We do not 
know, since this amendment does not answer this question. Remember, we 
are talking about targeting foreign terrorists to prevent terrorist 
attacks. This is not the same thing as wiretapping a cocaine dealer in 
Los Angeles for criminal prosecution. If we approve an amendment which 
creates numerous unanswered questions, we are putting Americans at risk 
in unprecedented ways.
  Given that the Government has adequately utilized minimization 
procedures for many years, what is the pressing need for FISC expansion 
into this area? There is no need to continue unlimited expansion of the 
FISC into unsuitable areas.
  If this amendment does not pass, it does not mean that American 
citizens are not protected. Incidental communications of Americans will 
continue to be minimized, and the minimization procedures will have 
been approved by the FISC. But if the Whitehouse amendment passes, we 
will be taking a great risk that the unnecessary judicial oversight 
will cause very harmful unintended consequences that I have already 
mentioned. We are too far along to introduce guesswork into the 
carefully crafted compromise bill before us. I will oppose this 
amendment, and I urge my colleagues to do the same.


                           Amendment No. 3930

  Now, Mr. President, there is one other amendment I wish to refer to. 
In October of last year, the Intelligence Committee passed a bipartisan 
compromise bill which would modernize our foreign intelligence 
surveillance activities. Unfortunately, this bipartisan bill contained 
a 6-year sunset provision which would automatically curtail our ability 
to protect our homeland unless Congress acted.
  Let me be clear, I am opposed to any sunset in this legislation. 
While I believe the inclusion of this sunset provision was not 
appropriate, it was a result of the bipartisan negotiations in the 
Intelligence Committee. Now this serves as yet another example that not 
all of us who support this bill are happy with every provision, and 
every Senator will need to make concessions to get this bill passed and 
signed into law.
  Given my opposition to any sunset, I will oppose the Cardin amendment 
No. 3930, which would change the sunset from 6 to 4 years. Proponents 
of this amendment have propounded several arguments, none of which 
justifies this change. I am going to discuss three of those arguments 
today.
  The most common argument cited is that this legislation is too 
technical and too complex to have a 6-year sunset. This is certainly a 
complex bill, but this is not the first time the 110th Congress has 
tackled complex issues. We have already waded through several different 
and complex bills, such as immigration reform, ethics and lobbying 
legislation, and even a vast energy bill.
  We are not reinventing the wheel with surveillance law, as this is a 
FISA modernization bill. But it is important to note how Congress has 
previously legislated in this area. The 1978 FISA law made dramatic 
changes to our surveillance laws and oversight mechanisms. While FISA 
has been discussed extensively, what has not been stated nearly enough 
is that the 1978 FISA had no sunset. Given that FISA had no sunset, 
let's look at how Congress has previously legislated FISA amendments 
with regard to sunsets.
  Sunsets are not common in previous laws amending FISA. Other than the 
PATRIOT Act and the PATRIOT Act reauthorization, seven of the eight 
public laws amending FISA had no sunsets on FISA provisions, and the 
remaining public law had a sunset on only one of those provisions.
  Now, this statistic speaks for itself. What is so different about 
this bill? I do realize it contains massive new congressional oversight 
provisions which could possibly hinder our collection efforts, and that 
we may need to revisit it for this reason. However, if this is the 
case, we obviously do not need a sunset to do this. We can legislate in 
this area whenever we want to.
  A second reason I have heard that some support the Cardin amendment 
is that this sunset will keep Congress more engaged. One of my 
colleagues previously stated that a sunset ``gives Congress the ability 
to stay involved.'' Congress should not need sunsets to stay involved. 
We do not need legislative alarm clocks to go off in 4 years in order 
to address national security. I wake up every day thinking about how we 
might protect our fellow Americans. I certainly do not need a 
sunsetting bill to remind me about national security and oversight, and 
neither should my colleagues.
  The final reason I have heard for a 4-year sunset is the idea that 
the next administration should be given an opportunity to address this 
issue and that a sunset fosters cooperation between Congress and the 
White House. Along these lines, one of my colleagues previously stated: 
Having a sunset gives us a much better chance to get cooperation . . . 
between the Congress and the White House. Once again, the next 
President can weigh in on this topic whenever and however he or she 
wants to. And regarding the idea that we should include a 4-year sunset 
to foster cooperation between two branches of Government--do we need a 
statute to influence the separation of powers? I say to my colleagues 
that the relationship between the branches of Government should be 
fostered by natural restrictions contained in the Constitution of the 
United States, not by an artificial sunset provision in an intelligence 
bill.
  The very idea of a 4-year sunset understates the importance of 
timeline implementation of new legislation. It takes a great deal of 
time to ensure that all of our intelligence agencies and personnel are 
fully trained in new authorities and restrictions brought about by 
congressional action. This is not something that happens overnight. We 
cannot wave a magic wand and have our Nation's intelligence personnel 
instantaneously cognizant of every administrative alteration imposed by 
Congress. Like so many other things in life, adjusting for these new 
mechanisms takes time and practice.
  While certain modifications are necessary, do we want to make it a 
habit of consistently changing the rules? Don't we want our analysts to 
spend their time actually tracking terrorists,

[[Page 1390]]

or is their time better spent navigating administrative procedures that 
may be constantly in flux?
  I know my preference is that our analysts be given the time to use 
the lawful tools at their disposal to keep our families safe.
  I do not want to see them spending all their time burying their heads 
in administrative manuals which change from day to day whenever the 
political winds blow.
  After all of the efforts by many in this body to write a bill that 
provides a legal regime to govern contemporary technological 
capabilities, I am certainly not alone in my opposition to a sunset 
provision. In fact, my views are completely in line with what the 
Senate has done in the past when amending FISA. The administration 
strongly opposes a sunset, and Attorney General Mukasey confirmed this 
opposition during last week's oversight hearing here in the Senate.
  The fact is that this administration will not be here to see this 
sunset occur. Why would they care if there is a sunset in the bill or 
not? Their opposition demonstrates that those who are in charge of 
protecting our country know that a sunset is a bad idea and their 
opposition is based in logic and practical application. The 
administration knows that they will not be here, but the intelligence 
analysts who protect our country will. These analysts are not 
politically appointed, and do their job regardless of who the President 
is or what party the President represents. They need the stability of 
our laws to effectuate long term operations to prevent terrorist 
attacks, not guesswork which could hinder intelligence gathering 
practices.
  We have already had a trial run with the 6-month sunset of the 
Protect America Act. Enough of the quick fixes, let's have confidence 
in the work product created by the nearly 10 months we have spent on 
this issue. A shorter sunset gives us an excuse to not legislate with 
conviction, and this is an excuse we should not make.
  The 95th Congress had the ability to decipher complex problems and 
pass FISA with no sunset, and the 110th Congress can certainly 
modernize it without second guessing our capabilities by approving the 
Cardin amendment. I will oppose this amendment, and I urge my 
colleagues to do the same.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Pennsylvania is recognized.

                          ____________________




                           ECONOMIC STIMULUS

  Mr. CASEY. Mr. President, in the remaining moments of morning 
business, I wish to highlight a couple important points about our 
economic stimulus efforts in the Senate.
  We have had an opportunity over the last couple weeks to analyze 
carefully what the American people expect in terms of a jolt to our 
economy and what they expect this body to do. Unfortunately, we have 
been stymied by a lot of politics. I think it is important to point out 
very briefly the elements of what the Senate is trying to do, at least 
on the Democratic side and, secondly, to highlight its importance to 
the American people.
  First of all, with regard to the basic elements--I will not go into a 
long discussion--in order to stimulate this economy, we have to invest 
in strategies we know will work. One of those is unemployment 
insurance. We know that. All the economists say that. It is not because 
Democrats assert that; economists say one of the only ways that is 
proven to jolt our economy is to invest in unemployment insurance. This 
proposal on the Democratic side does that. The House proposal doesn't 
do that in the area of unemployment insurance. It doesn't address that.
  The package this side of the aisle has been pushing is a $500 rebate. 
It is across the board for everyone and obviously for those who are 
married it is double that. But significantly, in this proposal 20 
million American senior citizens are provided some relief. That wasn't 
addressed in the House proposal. I think that is an important omission. 
In order to get this right, in order to jolt our economy, we need to 
help seniors. We also need to make sure a quarter of a million disabled 
veterans are helped as well. That is an important feature.
  Thirdly, avoiding foreclosure; doing everything we can in this 
stimulus package in a short-term way to help families avoid foreclosure 
is another critically important element.
  Home heating costs: In my home State of Pennsylvania--and I know the 
same is true in Ohio and across the country--there has been a 19-
percent increase in the costs that families have to heat their homes, 
in 1 year. So if that is happening in Pennsylvania, we know it prevails 
around the country. This proposal in this Chamber does that. It adds $1 
billion for home heating costs.
  Finally, helping businesses and energy: As to the cost to businesses, 
I think small businesses should get help in this rough economy, and 
this proposal helps our businesses. It also makes investments we should 
have--or I should say implements strategies we should have done months 
ago when it comes to incentivizing energy efficiency and other tactics 
to move toward a more energy independent economy.
  So whether it is energy, whether it is helping businesses, whether it 
is making sure our seniors get relief, that our families get relief and 
that we focus on unemployment insurance, home heating costs, all these 
elements are critically important. It is not perfect. The Presiding 
Officer knows--and he shares this view with me--we wanted to do more 
with regard to food stamps. We are still going to try on that. But if 
that doesn't happen and some other things don't happen that I want, we 
still have to move this forward. I wish the other side of the aisle 
would allow us to go forward in a way that addresses these basic 
problems. We have seen a lot of talk on the other side but not nearly 
enough action to say we are going to support a proposal, not just what 
the House sent us but an improved and a much more significant proposal 
to hit this economy in the way we should hit it: With a stimulus to get 
the economy moving, to create jobs, to provide relief for our families, 
and to move into the future together. We can do that here. We should do 
it this week and make sure we don't pass something which is watered 
down and which would not do the job.
  I yield the floor.

                          ____________________




                     CONCLUSION OF MORNING BUSINESS

  The PRESIDING OFFICER. Morning business is closed.

                          ____________________




                      FISA AMENDMENTS ACT OF 2007

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of S. 2248, which the clerk will report.
  The bill clerk read as follows:

       A bill (S. 2248) to amend the Foreign Intelligence 
     Surveillance Act of 1978, to modernize and streamline the 
     provisions of that Act, and for other purposes.

  Pending:

       Rockefeller-Bond amendment No. 3911, in the nature of a 
     substitute.
       Whitehouse amendment No. 3920 (to amendment No. 3911), to 
     provide procedures for compliance reviews.
       Feingold amendment No. 3979 (to amendment No. 3911), to 
     provide safeguards for communications involving persons 
     inside the United States.
       Cardin amendment No. 3930 (to amendment No. 3911), to 
     modify the sunset provision.
       Feingold-Dodd amendment No. 3915 (to amendment No. 3911), 
     to place flexible limits on the use of information obtained 
     using unlawful procedures.
       Feingold amendment No. 3913 (to amendment No. 3911), to 
     prohibit reverse targeting and protect the rights of 
     Americans who are communicating with people abroad.
       Feingold-Dodd amendment No. 3912 (to amendment No. 3911), 
     to modify the requirements for certifications made prior to 
     the initiation of certain acquisitions.
       Dodd amendment No. 3907 (to amendment No. 3911), to strike 
     the provisions providing immunity from civil liability to 
     electronic communication service providers for certain 
     assistance provided to the Government.
       Bond-Rockefeller modified amendment No. 3938 (to Amendment 
     No. 3911), to include prohibitions on the international 
     proliferation of weapons of mass destruction in the Foreign 
     Intelligence Surveillance Act of 1978.
       Bond-Rockefeller modified amendment No. 3941 (to Amendment 
     No. 3911), to expedite

[[Page 1391]]

     the review of challenges to directives under the Foreign 
     Intelligence Surveillance Act of 1978.
  The PRESIDING OFFICER. The Senator from West Virginia is recognized.
  Mr. ROCKEFELLER. Mr. President, I wish to make a few comments on the 
amendment of the Senator from Wisconsin and what he referred to as the 
``bulk collection'' amendment which he discussed yesterday and which is 
amendment No. 3912. I would ask that this time be taken from the 
opponents of the amendment, if that is all right with my vice chairman.
  The Senator from Wisconsin is offering an amendment that he argues 
will prevent what he calls ``bulk collection''. The amendment is 
intended, as described by the Senator from Wisconsin, to ensure that 
this bill is not used by the Government to collect the contents of all 
the international communications between the United States and the rest 
of the world. The Senator argues that the amendment will prevent ``bulk 
collection'' by requiring the Government to have some foreign 
intelligence interest in the overseas party to the communications it is 
collecting.
  I regret to say I must oppose this amendment strongly. I do not 
believe it is necessary. I do believe, as drafted, the amendment will 
interfere with legitimate intelligence operations that protect the 
national security of the lives of Americans.
  In considering amendments today, we need to consider whether an 
amendment would provide additional protections for U.S. persons and 
whether it would needlessly inhibit vital foreign intelligence 
collection. I do not believe the amendment, as drafted, provides 
additional protections. Furthermore, intelligence professionals have 
expressed their concern that this amendment would interfere with vital 
intelligence operations, and there are important classified reasons 
underlying that concern.
  Let us review why the amendment is unnecessary. First, bulk 
collection resulting in a dragnet of all the international 
communications of U.S. persons would probably be unreasonable under the 
fourth amendment. No bill passed by the Senate may authorize what the 
fourth amendment of the Constitution prohibits. What is more, the 
committee bill, in fact, explicitly provides that acquisitions 
authorized under the bill are to be conducted in a manner consistent 
with that same fourth amendment of the Constitution.
  Second, the committee bill stipulates that acquisitions under this 
authority cannot intentionally target any person known to be located in 
the United States. And to target a U.S. person outside the United 
States, the Government must get approval from the FISA Court.
  Third, the committee bill increases the role of the FISA Court 
overseeing the acquisition activities of the Government. The bill 
requires court approval of minimization procedures that protect U.S. 
persons' information. It maintains the prior requirement of court 
approval of targeting procedures.
  In the unlikely event the FISA Court would give its approval to 
targeting procedures and minimization procedures that allow the 
Government to engage in unconstitutional bulk collection, the committee 
bill also strengthens oversight mechanisms in the executive and 
legislative branches, such as requiring assessments by the inspectors 
general in the Department of Justice and relevant agencies. These 
mechanisms are intended to ensure that such activity is detected and 
prevented.
  The sponsor of the amendment says his amendment only requires the 
Government to certify to the FISA Court that it is collecting 
communications of targets for whom there is a foreign intelligence 
interest. But the committee already requires the Attorney General and 
the Director of National Intelligence to certify to the FISA Court that 
the acquisition authorized under the bill is targeted at persons 
outside the United States in order to obtain foreign intelligence 
information. Because the remedy does not improve upon the protections 
in the bill for Americans and places new burdens on the surveillance of 
foreign targets overseas, I thus oppose this amendment and urge that it 
be rejected.
  I yield the floor and reserve the remainder of the opponents' time.
  The PRESIDING OFFICER. The senior Senator from Missouri is 
recognized.
  Mr. BOND. Mr. President, I yield myself 6 minutes from the opposition 
to the amendment No. 3979, the Feingold-Webb sequestration.
  During yesterday's sessions and prior sessions, there have been, 
regrettably, a number of inaccurate statements about the amendments we 
debated. Several of these amendments go to the very heart and strike at 
the very heart of foreign targeting. It is not an understatement to say 
that if they are adopted, they could shut down our intelligence 
collection and cause irreparable damage to our national security. So I 
am compelled to set the record straight. Working with my colleague and 
good friend, the chairman of the committee, Senator Rockefeller, we 
want our colleagues to know what impact these amendments have.
  We have made great progress in the Senate Intelligence Committee on 
the FISA Amendments Act of 2008 in providing additional protections, 
but we did so working with the intelligence community to make sure the 
measures we put in the bill would actually work.
  Now, the first amendment we debated was amendment No. 3979, the 
sequestration amendment supported by and sponsored by Senators Feingold 
and Webb. In explaining this amendment, supporters claimed the Protect 
America Act was ``sold repeatedly'' as a way to collect foreign-to-
foreign communications without a court order and this amendment allows 
this collection. We saw from the House RESTORE Act, which the DNI has 
told us--the Director of National Intelligence, whom I will refer to as 
the DNI--and from the debate on the Protect America Act that the focus 
on foreign-to-foreign communications is misplaced. The Protect America 
Act was intended to allow foreign targeting, just like this bill and 
for good reason. We cannot tell if a foreign terrorist is going to be 
calling or communicating with another foreign terrorist whether in some 
other country or whether some of that communication may occasionally 
come to the United States, and there is no way to tell. So it does no 
good to give the intelligence community authority to collect only 
foreign-to-foreign communication. You can't tell. That means you can't 
collect on any without getting a FISA Court or a FISC order. That was 
an impossible burden that the FISC judges told us overwhelmed and shut 
down their operations and did not protect American citizens. Yet we 
were told yesterday this amendment will not damage or slow down 
collection.
  This amendment will not just slow down collection; it will stop it. 
It will stop it. In the words of one intelligence official, it would 
``devastate our operations.''
  Now, our bipartisan bill gives the intelligence community the ability 
to target terrorists, foreign terrorists overseas. That targeting is 
not, as has been suggested on the other side, ``dragnet surveillance.'' 
Rather, the intelligence community will be acquiring communications of 
foreign terrorists, spies, and others who seek to do us harm. That is 
not a dragnet; that is targeted. But if this amendment were to be 
adopted, its unreasonable limitations will prevent the intelligence 
community even from beginning the collection.
  Now, I argued yesterday this amendment would prevent the intelligence 
community from intercepting the communications of Osama bin Laden with 
somebody in the United States. The Senator from Wisconsin disagreed, 
calling my argument questionable and claiming the amendment in no way 
hampers the ability to fight al-Qaida. That is not true. I find it 
interesting because that is not what his amendment says. First, the 
intelligence community can't even start the collection because there is 
no way to know if a terrorist, including bin Laden, is going to call or 
be called by a person in the United States. Second, from the amendment, 
page 2, lines 10 to 16:


[[Page 1392]]

       Such communications may be acquired if there is reason to 
     believe that the communication concerns international 
     terrorist activities directed against the United States, or 
     activities in preparation therefor.

  That means if bin Laden were planning an attack against the United 
Kingdom or against our foreign military bases or our foreign embassies 
abroad and calls into the United States to talk with an associate, we 
could not capture that call and protect our troops, protect our 
citizens, protect our officers overseas, because under the terms of the 
amendment, it does not concern activities directed against the United 
States. Not only is the limitation dangerous, it is unwise, unhelpful, 
and could lead to significant intelligence shortfalls.
  Another dangerous aspect of the amendment is that it would foreclose 
the collection of foreign intelligence relating to nonterrorist 
threats. Our Nation faces daily threats, for example, from the 
proliferation of weapons of mass destruction. I have an amendment that 
deals with this issue specifically. What about North Korea, Iran, and 
Syria? Under this amendment, none of that information could be 
collected if the communication was to or from the United States. That 
is a limitation that should make all of us uncomfortable. There is no 
basis for it, it is unreasonable, and it could lead our country into 
severe jeopardy.
  The DNI and the Attorney General agree with my reading of the 
amendment. Yesterday, we received a letter from them expressing their 
views about these amendments. The DNI and Attorney General stated that 
if this amendment is part of the bill presented to the President, they 
would recommend a veto. They wrote this in their letter:

       This amendment would have a devastating impact on foreign 
     intelligence surveillance operations; it is unsound as a 
     matter of policy; its provisions would be inordinately 
     difficult to implement; and thus it is unacceptable.

  Ironically, this amendment is being advertised as the best way to 
protect America's privacy. But a fundamental problem with the amendment 
is that we can never know ahead of time what a communication says. 
Let's think it through. In order to figure out whether the 
communication concerns international terrorism, for example, an analyst 
will have to review the content of it. That actually results in more of 
an invasion of privacy than would ever occur under the standard 
minimization procedures that NSA uses every day. That makes no sense if 
we are trying to protect privacy.
  Mr. President, it is news to me that the Intelligence Committee bill, 
as claimed on the other side, has no judicial involvement and no 
judicial oversight. I have said it before. This bill has more judicial 
oversight and involvement in foreign intelligence surveillance than 
ever before. There is court review and approval of the joint 
certification by the Attorney General and the DNI and of the targeting 
minimization procedures. If the court finds any deficiency in these 
documents, the Government must correct it or cease the acquisition. 
That is not an empty oversight.
  The Intelligence Committee bill doesn't stop there. We took 
tremendous care to make sure there were specific protections for 
Americans' privacy in the bill. I suggest all Members look closely at 
these protections: express prohibitions against reverse targeting, 
against targeting persons inside the United States without a court 
order, against conducting any acquisition that doesn't comply with the 
fourth amendment. This bill goes further than ever before in ensuring 
that there are protections for Americans in the area of foreign 
targeting.
  We heard the tired accusation that this bill will allow the 
intelligence community to intercept communications of anyone; that it 
gives ``unrestrained access to communications of every American.'' That 
is just plain wrong. Communications of U.S. persons will be intercepted 
only if those persons are talking to foreign terrorists or spies. And 
because of the minimization procedures, only those specific 
communications will be intercepted, and if they don't contain foreign 
intelligence value, then they will be minimized or suppressed.
  According to the Senator from Wisconsin, this amendment is necessary 
because the minimization procedures in FISA are ``quite weak'' and 
inadequate. I am sure the FISA Court judges who have reviewed and 
approved these procedures would appreciate the implication that they 
are doing a bad job of protecting the privacy of Americans. Ironically, 
it is that same court that, under the Senator's amendment, will control 
the Government's access and use of incidental communications.
  Mr. President, I reserve the remainder of our time and yield the 
floor.
  The PRESIDING OFFICER. The Senator from Wisconsin is recognized.
  Mr. FEINGOLD. Mr. President, I will use some of my time on a couple 
of these amendments. I know it must be difficult for the Chair to 
figure out which time to apply to which amendments, but I will try to 
identify them.
  First, I will speak with regard to Feingold-Webb-Tester amendment No. 
3979, which the Senator from Missouri was addressing. He referred to 
our concern that the rights and privacy of Americans could be affected 
by this bill as a ``tired accusation.'' I object to that 
characterization. I think this is clearly the kind of thing we should 
be worried about. I will tell you what is a tired accusation: the 
notion that somehow our amendment would affect the ability of the 
Government to listen in on Osama bin Laden. That is a tired and false 
accusation. The Senator has said that if bin Laden or his No. 3 man--
whoever that is today, because we killed the last No. 3 man--calls 
somebody in the United States, we cannot listen in to that 
communication unless we have an independent means of verifying that it 
had some impact on threats to our security from a terrorist threat. 
That is what he claims, that we would not be able to listen in on that 
conversation. That is false.
  The Feingold-Webb-Tester amendment specifically does not require a 
FISA Court warrant to acquire and disseminate the communications of any 
foreigner overseas who is suspected of terrorism. Mr. President, there 
is no separate threat requirement. The amendment merely requires that 
the Government label terrorism-related communications that have one end 
in the United States so they are traceable for subsequent oversight. 
And it simply requires that when the Government accesses and 
disseminates terrorist-related communications that it has already 
acquired that the court just be informed with the brief certification. 
I don't know where the Senator gets this bizarre idea that somehow you 
cannot listen in on a conversation of Osama bin Laden. I don't think it 
is credible to anybody that that would be the case.
  Finally, he raises the concern that somehow we are insulting the FISA 
Court, saying they are not doing a good job. To the contrary, we are 
trying to give them the power to enforce their will. We are trying to 
give them the ability to say: Wait a minute. You guys are not doing 
what you said you were going to do. That is not an insult. That is 
essential for the court to be able to do its job. Let's worry less 
about the alleged and, frankly, false notions about the feelings of a 
secret court and worry more about the rights and privacy of perfectly 
innocent Americans.
  Mr. President, I turn now to amendment No. 3915, another amendment I 
offered known as the use limits amendment. As I explained earlier this 
week, my amendment simply gives the FISA Court the option of limiting 
the Government's use of information about information about U.S. 
persons that is collected under procedures the FISA Court later 
determines to be illegal. That is about as minimal a safeguard as you 
can get.
  It is unfortunate that some of those who oppose my amendment are 
mischaracterizing what it does. The Attorney General and the DNI sent 
the majority leader a letter yesterday in which they expressed their 
objections to this amendment. Twice in the letter, they stated that 
this amendment would place limits on the use of information that 
doesn't concern U.S. persons. That is flat-out false, Mr. President. 
The use limits proposed in this amendment specifically apply to 
``information concerning any United

[[Page 1393]]

States person.'' That is what it says. Use limits in this amendment 
apply only under those circumstances. There is nothing ambiguous about 
this language. These patently false claims that the amendment applies 
to information about non-U.S. persons just show the lengths to which 
opponents of the amendment will go to generate opposition to this or 
any other reasonable amendment.
  We have also heard that the amendment would create a massive 
operational burden. Mr. President, that also just isn't true. The 
Government already does what is necessary to implement the use limits 
in the amendment.
  First, declassified Government responses to oversight questions of 
the Congressional Intelligence Committees reveal that the Government is 
already labeling communications obtained under the so-called Protect 
America Act. So the Government already tracks which communications are 
acquired under these particular authorities, which would be the first 
step here.
  Second, the Government already has to comply with minimization 
requirements that are supposed to protect information about U.S. 
persons. These requirements kick in whenever the Government wants to 
disseminate any acquired communications that include information about 
U.S. persons. That means intelligence analysts already have to 
determine, before any communications collected under these authorities 
can be used in any of the contexts we are talking about here, whether 
they contain any information about U.S. persons. Indeed, the 
administration constantly reminds us of this fact when claiming that 
minimization requirements do enough to protect Americans.
  Mr. President, given that the Government is already required and 
equipped to examine any communications it proposes to use in order to 
determine whether U.S. person information is present, the argument that 
the amendment somehow imposes a massive new burden is very difficult to 
understand.
  Perhaps the explanation lies in the administration's repeated 
statements that the amendment would put limits on the use of 
information about non-U.S. persons. If this were true, then it is 
conceivable that my amendment would create an additional operational 
burden. But those statements are completely and utterly false, as I 
have explained. The amendment explicitly states that the use limits 
apply to ``information concerning any United States person''--
information that is already subject to minimization requirements.
  I want to also address the argument the chairman of the Intelligence 
Committee made that this amendment is somehow different than the 
existing use limits for emergency surveillance. The chairman argued 
that the amendment, unlike the emergency use limits, could affect 
``thousands'' of communications. As I pointed out yesterday, the 
amendment addresses that concern by creating a huge exception to the 
use limitations, an exception that is not present in the emergency use 
limits provision. Under the amendment, the FISA Court can allow the 
Government to use even information about U.S. persons that is obtained 
by unlawful procedures, as long as the Government fixes the problem 
with the procedures. So, in fact, this amendment is far less 
restrictive than the use limits for emergency surveillance, despite the 
claim of the chairman otherwise.
  Even more important, we have to remember what these thousands of 
communications are. The only information that would be subject to use 
limits is information about U.S. persons collected under illegal 
procedures--procedures that failed to reasonably target people 
overseas. The underlying bill prohibits the Government from collecting 
this information in the first place. My amendment gives this 
prohibition some teeth by limiting the use of information that has been 
illegally collected.
  The opponents of this amendment may argue that the government has no 
intention of doing anything that would be unreasonable under the law. 
My response is, if it does, there ought to be some enforcement. There 
ought to be a way to make sure that doesn't happen, not just the 
assurance of the chairman and vice chairman.
  Moreover, if the Government has collected thousands of communications 
illegally, isn't that all the more reason to try to contain the damage 
and limit the impact on innocent Americans? That is not hamstringing 
the Government; it is just requiring the Government to comply with the 
law that we are actually passing.
  My amendment simply provides an incentive for the administration to 
follow the law as it is written. If we pass a law that has no 
meaningful consequence for noncompliance with the law, I think we are 
taking a real gamble as to whether the administration will choose to 
comply. I am not personally willing to accept the odds on that one.
  Once again, I urge my colleagues to support this amendment, and I 
reserve the remainder of my time and yield the floor.
  The PRESIDING OFFICER. The Senator from West Virginia is recognized.
  Mr. ROCKEFELLER. Mr. President, I ask my esteemed vice chairman if I 
might have 6 minutes to oppose Senator Feingold's reverse targeting 
amendment No. 3913.
  Mr. BOND. I am happy to yield that time to the chairman.
  Mr. ROCKEFELLER. The Senator from Wisconsin has an amendment that 
requires a FISA Court order if the Government is conducting 
surveillance of a person overseas, but a significant purpose of the 
surveillance is to collect the communications of a person inside the 
United States with whom the target is communicating.
  I share the Senator's goal in protecting the privacy interests of 
Americans, but I am afraid this amendment, as drafted, is unworkable 
and unnecessary.
  The amendment is described as a way to prevent reverse targeting--
circumstances in which the Government would target persons overseas 
when its actual target is a person within the United States with whom 
the overseas person is communicating.
  The fact is, reverse targeting is prohibited under FISA today. I 
repeat, it is prohibited under FISA today. If the person in the United 
States is the actual foreign intelligence target, the Government must 
seek a FISA order, and, in fact, the Government would have to have 
every incentive to do so in order to conduct comprehensive surveillance 
of such a person.
  What is more, the base bill, S. 2248, makes the prohibition on 
reverse targeting explicit. The Government cannot use the authorities 
in this legislation to target a person outside the United States if the 
purpose of such acquisition is to target for surveillance a person 
within the United States.
  In addition, the base bill, the Intelligence Committee bill, also 
strengthens the protection of U.S. person information that is collected 
in the targeting of foreign targets overseas by requiring that the FISA 
Court approve the minimization procedures that apply to this collection 
activity.
  The Feingold reverse targeting amendment, however, goes too far. The 
amendment would prohibit the Government from using the authorities of 
this act ``if a significant purpose'' of the acquisition is to 
``acquire the communications'' of a particular known person within the 
United States. In order to acquire such communications, the Government 
would be required to seek a regular FISA Court order.
  The problem is that we are revising the Foreign Intelligence 
Surveillance Act today in large measure precisely because we want the 
intelligence community to have the ability to detect and acquire the 
communications of terrorists who call into the United States. In other 
words, in order to detect and prevent terrorist attacks, finding out if 
a foreign terrorist overseas is in contact with associates in the 
United States is actually a significant purpose of this legislation, 
and it will always be a significant purpose of any targeting of a 
foreign terrorist target overseas by the intelligence community.
  As the Statement of Administration Policy--that is objections usually 
that come over from the White House--points out:


[[Page 1394]]

       A significant purpose of the intelligence community 
     activities is to detect communications that may provide 
     warning of homeland attacks and that may include 
     communication between a terrorist overseas who places a call 
     to associates within the United States. A provision that bars 
     the intelligence community from collecting those 
     communications is unacceptable.

  Who is to say that person from overseas is not a terrorist and he is 
contacting a person in the United States to discuss something which is 
not in the national interest or which has intelligence implications? 
You cannot in good conscience bar the intelligence community from 
collecting these communications. That is unacceptable.
  Again, reverse targeting is prohibited under current law. I think 
that is the third time I have said that. Reverse targeting is 
prohibited by the committee bill. The amendment is not needed to 
achieve its stated goals. It will harm vital intelligence collection. I 
urge the amendment be defeated.
  I reserve the remainder of our time.
  The PRESIDING OFFICER (Mr. Casey). Who yields time?
  The Senator from Wisconsin.
  Mr. FEINGOLD. Mr. President, I will speak with regard to amendment 
No. 3913, the one about which the chairman just spoke, the so-called 
reverse targeting amendment I have offered. Reverse targeting is what 
happens when the Government wiretaps persons overseas when what they 
are really interested in is the Americans with whom these foreigners 
are talking. I think most of my colleagues would agree that this bill 
should not open up a backdoor to get around the requirement in FISA for 
a warrant to listen in on Americans at home.
  The lack of any substantive arguments against my amendment is made 
clear by the letter the DNI sent on Tuesday. The arguments just offered 
by the chairman were almost identical to the arguments offered by the 
DNI and by the Attorney General. In fact, that letter, which severely 
mischaracterizes the amendment, actually underscores why the amendment 
is good both for civil liberties and for national security.
  First, the letter confirms that reverse targeting is not, in fact, 
prohibited by the underlying bill. We keep hearing the chairman and 
vice chairman say it is already prohibited. It is not. The DNI writes 
that the Intelligence Committee bill only prohibits warrantless 
collection when the American is ``the actual target.'' That cannot be 
read as a prohibition on reverse targeting. That is just a prohibition 
on direct targeting of an American at home, and it does nothing to 
protect Americans from what the DNI himself has said is 
unconstitutional.
  Second, the letter cites ``operational uncertainties and problems,'' 
but it does not bother to identify what those are. Yes, my amendment 
would require a new procedure, just like everything else in this bill, 
but the Government should already have procedures to protect the 
constitutional rights of Americans. If it does not, that is all the 
more reason to adopt the amendment.
  Third, the letter actually makes one of the strongest arguments in 
favor of my amendment when it warns of insufficient attention to the 
American end of an international terrorist communication. If a foreign 
terrorist is talking to an American inside the United States, the 
intelligence community should get a FISA warrant on that American so it 
can listen in on all his communications, and it certainly would have no 
problem getting that warrant. Without that warrant, the Government will 
never get the full picture of what that American is doing or plotting. 
Yet the DNI's letter seems to argue that the Government would not want 
to get a FISA Court warrant to listen in on all the communications, 
including the domestic communications, of a terrorist inside the United 
States. I do not believe this is a serious argument, but if it were, it 
would suggest that our Government is not doing everything it can do to 
track down terrorists.
  Finally, the letter seriously mischaracterizes the amendment. The 
amendment does not bar acquisition of communications between terrorists 
overseas and their associates in the United States. It does not in any 
way affect the Government's ability to discover and collect those 
communications. It does not apply to incidental collection of 
communications into the United States, and it does not even apply when 
the Government has identified a known individual with whom the foreign 
terrorist is communicating. Only when a significant purpose of the 
surveillance is to get information on a person inside the United States 
does the Government need to get a court warrant. That is not just 
required by the Constitution of the United States, it is how the 
Government can most efficiently and effectively protect us.
  I hope my colleagues will support this modest proposal to prevent 
these new powers from opening a huge loophole to the requirement in 
FISA that the Government get a court order to target Americans in the 
United States.
  Mr. President, I reserve the remainder of my time on this amendment, 
and I yield the floor.
  The PRESIDING OFFICER. Who yields time?
  The Senator from Missouri.
  Mr. BOND. Mr. President, I yield myself 3 minutes on amendment No. 
3913.
  It is interesting to hear that the proponent of this amendment thinks 
the letter laying out the reasons against the amendment are reasons for 
it. That is a trick I have not learned, to say that when somebody says 
that the reverse targeting amendment would make it impossible when that 
person and those people really represent the agency responsible and the 
oversight body of the Department of Justice somehow makes their case.
  I also call the attention of my colleagues to a statement from the 
Civil Liberties and Privacy Office of the Office of the Director of 
National Intelligence. In that statement, the Civil Liberties and 
Privacy Office says:

       Concerns have been raised that the PAA could result in the 
     interception of U.S. person communications. As explained in 
     the Department of Justice September 14 letter, and in a 
     letter by the DNI's Civil Liberties Protection Officer dated 
     September 17, 2007, U.S. persons' privacy interests are 
     protected through ``minimization procedures,'' which must 
     meet FISA's statutory definition. In addition, ``reverse 
     targeting'' is implicitly prohibited under existing law.

  As a side note, Mr. President, this measure explicitly prohibits 
reverse targeting, but the Privacy Office goes on to say:

       The SSCI bill in addition requires review of minimization 
     procedures and explicitly prohibits reverse targeting. In 
     addition, the bill provides the FISA court with ongoing 
     access to compliance reports and information about U.S. 
     person disseminations and communications, and the explicit 
     authority to correct deficiencies in procedures. The bill 
     also requires annual reviews of U.S. person disseminations 
     and communications and extensive reports to Congress.

  This is a clear statutory framework. As a practical matter, if there 
was a desire to target someone in the United States, if that person was 
thought to have foreign intelligence information and acting as an agent 
of a foreign power, an officer, or employee, a FISA Court order is the 
simplest way to do it. Nobody has explained how you can target a 
foreign terrorist to get collections on a particular U.S. person unless 
that person is engaged in a terrorist activity, and you have to target 
an overseas person who has foreign intelligence information, and that 
is the legitimate reason for making the collection against the foreign 
target. No terrorist information. The information is minimized and not 
used.
  I yield the floor and reserve the remainder of the time.
  The PRESIDING OFFICER. Who yields time?
  Mr. BOND. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                            Pending Nominees

  Mr. REID. Mr. President, I have a friend. I have known him for a long 
time. His name is Steve Walther. Steve Walther was a very prominent 
Nevada

[[Page 1395]]

lawyer, a senior partner in a law firm, with qualifications that are 
unsurpassed. I have always liked Steve very much. And he made a 
comfortable living. I called him once and said: Steve, have you ever 
considered doing something different?
  A wonderful story about Steve, to show what a tremendously good guy 
he is. He has a little boy named Wyatt. Steve married a woman and he 
raised their children. They were his children once married, but he had 
never had his own child. His wife went to the doctor, and she was 
nearing 50 years old and was sick, and found out she was having a baby. 
So late in life they had this baby, and I will never forget what she 
said. She said: When I had my first two babies, time went by so slowly. 
But she said: Now I am older and understand, and I want everything to 
be fine, so I can't take enough time to make sure the baby is fine. And 
the baby is fine.
  Anyway, I said to Steve: You could afford to come back here. How 
would you like to be a member of the Federal Election Commission? He is 
not a Democrat; he is an Independent. He has done things for decades 
with the American Bar Association, held all kinds of prominent 
positions with the American Bar Association nationally. He said: OK, I 
think it would be a good idea. Wyatt can come back and spend some time 
in Washington. So he served for nearly two years on the Federal 
Election Commission. Everybody said he was outstanding, as I knew he 
would be.
  Also on that Federal Election Commission, prior to the first of the 
year, was another Democrat by the name of Bob Lenhard. He had served on 
the FEC with Steve. He and Steve worked well together. They worked well 
together with everybody on the Commission, and he and Steve did a good 
job.
  The Federal Election Commission is critically important because it 
enforces our Nation's campaign finance laws. Both these nominees lost 
their jobs at the end of last year because the Republicans refused to 
permit a vote on their nominations to the FEC. They said they would not 
allow an up-or-down vote on these nominations of Lenhard and Walther. 
Nothing about their qualifications. They were both outstanding members 
of the Federal Election Commission. The reason they would not allow a 
vote on them is they would not allow a vote on their own nominee, a man 
by the name of Hans von Spakovsky. They are filibustering their own 
nominee.
  I said: Let's vote on all of the FEC nominees, any order you want. We 
will vote on ours first, last, we don't care. Let's just have a vote on 
them. No. Unless we would guarantee von Spakovsky would pass, no. I 
don't know if Mr. Spakovsky would pass. I suspect the Republicans don't 
think so. But it seems fair to me that we should have votes on these 
nominees.
  The record over the years is full of remarks by my Republican 
colleagues characterizing the up-or-down vote as the gold standard of 
reasonableness in Senate process. That is apparently not the view when 
it comes to one of their nominees, who would actually stand a chance of 
losing a vote. Republicans won't allow a vote on our Democrats unless 
we approve this person. That doesn't make sense.
  The reason these FEC nominees, including Steve Walther, have not been 
approved rests squarely with the White House and the Republicans.
  Mr. President, I ask unanimous consent to have printed in the Record 
two editorials.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                [From the New York Times, Jan. 31, 2008]

                  While the Election Watchdog Wanders

       The presidential campaign's heated fund-raising sweepstakes 
     finds lobbyists hurriedly ``bundling''--amassing additional 
     hundreds of thousands from donors to re-stake surviving 
     contenders for the next primary rounds. (Lobbyists reportedly 
     bundled $300,000 for Senator John McCain in one night in 
     Washington after his stock revived on the campaign trail.)
       In packaging political influence by superlarge chunks, 
     money bundlers are at least as crucial to understanding where 
     candidates stand as their campaign vows. Fortunately for 
     voters, a new election law mandates the disclosure of the 
     names of lobbyists and other bundlers working the high-roller 
     realm of donations of $15,000 or more. Unfortunately for the 
     same voters, this vital law cannot yet be implemented.
       A partisan standoff blocks the Senate from filling four 
     existing vacancies on the Federal Election Commission. The 
     six-member panel is powerless to form a quorum and write the 
     regulations needed to shed sunlight on bundling. Senator 
     Mitch McConnell, the Republican minority leader, is refusing 
     to allow individual up-or-down majority votes on nominees for 
     the commission. Mr. McConnell threatens a filibuster unless 
     they are voted on as a single package--an obstructionist 
     tactic to protect a highly unqualified Republican nominee, 
     Hans von Spakovsky, from rejection in a fair vote.
       Mr. von Spakovsky is a notorious partisan who previously 
     served the Bush administration as an aggressive party hack at 
     the Justice Department. There, he defended G.O.P. stratagems 
     to boost Republican redistricting and mandate photo ID's in 
     Georgia--a device to crimp the power of minorities and the 
     poor who might favor Democrats at the ballot.
       President Bush refuses to withdraw the von Spakovsky 
     nomination, while the Democrats demand he be considered on 
     his individual record, not yoked to three less controversial 
     nominees. We urge the Senate majority leader, Harry Reid, to 
     highlight this blot on democracy by moving the von Spakovsky 
     nomination as a separate measure and demanding a cloture 
     vote. Force the Republicans to either filibuster against 
     their own unqualified partisan or dare to vote for him in 
     broad daylight.
                                  ____


               [From the Washington Post, Jan. 28, 2008]

                               Up or Down

       ``We need to get him to the floor for an up-or-down vote as 
     soon as possible,'' Sen. Mitch McConnell (R-Ky.) said of 
     Michael B. Mukasey, then the nominee for attorney general. 
     John R. Bolton ``deserves an up-or-down vote so that he can 
     continue to protect our national interests at the U.N.,'' Mr. 
     McConnell said of the nominee to be United Nations 
     ambassador. ``Let's get back to the way the Senate operated 
     for over 200 years, up-or-down votes on the president's 
     nominee, no matter who the president is, no matter who's in 
     control of the Senate,'' he said during the dispute over 
     judicial filibusters.
       Mr. McConnell's devotion to the principle of up-or-down 
     votes for nominees, it turns out, has limits: Apparently 
     fearing defeat if a simple majority vote were allowed, the 
     minority leader has refused to accept Senate Democrats' offer 
     for such a vote on President Bush's choice for a Republican 
     seat on the Federal Election Commission. The consequence is 
     that, as the country begins an election year, the agency 
     entrusted with overseeing enforcement of the federal election 
     laws is all but paralyzed: Only two commissioners are in 
     place, meaning that the agency, six members when it is at 
     full strength, cannot initiate enforcement actions, 
     promulgate rules or issue advisory opinions.
       The standoff involves Hans A. von Spakovsky, a former 
     official in the Justice Department's civil rights division 
     who had been serving as an FEC commissioner until his recess 
     appointment expired last month. Democrats and civil rights 
     groups argue, with some justification, that Mr. von 
     Spakovsky's tenure at Justice was so troubling that he does 
     not deserve confirmation to the FEC post. Some Democrats had 
     threatened to filibuster the nomination, but Senate Majority 
     Leader Harry M. Reid (D-Nev.) managed to offer an up-or-down 
     vote on each of the four pending nominations to the agency, 
     two Republicans and two Democrats. But Mr. McConnell and 
     fellow Republicans have insisted that the nominees must be 
     dealt with as a package, with no separate votes allowed. To 
     be fair to Mr. McConnell, the practice has been to vote on 
     FEC nominees as a package to ensure that the politically 
     sensitive agency remains evenly divided between the two 
     parties. But that has not been an absolute rule; indeed, the 
     last nominee who generated this much controversy, Republican 
     Bradley A. Smith, had a separate roll call vote and was 
     confirmed 64 to 35 in 2000. But Senate Democrats could commit 
     to a quick vote on a replacement nominee, if they were able 
     to muster the votes to defeat Mr. von Spakovsky.
       We have suggested previously that it is more important to 
     have a functioning FEC than to keep Mr. von Spakovsky from 
     being confirmed. But Mr. McConnell ought to explain why the 
     up-or-down vote he deemed so critical in the case of Mr. 
     Mukasey, Mr. Bolton or appellate court nominee Miguel A. 
     Estrada is so unacceptable when it comes to Mr. von 
     Spakovsky.

  Mr. REID. Mr. President, I can gather one thing from the President's 
unwillingness to resolve the Federal Election Commission problem. That 
is that they would rather have no election watchdog in place during an 
election year.
  The background on the FEC makes the call from Mr. Walther 
particularly remarkable. Listen to this, now. It even gets better.
  Steve Walther called to tell me he had been invited to the White 
House by the President to push for his nomination. I got calls from 
other people

[[Page 1396]]

whom I had placed in the works to get approved by the Senate. They were 
all invited to the White House tomorrow morning. All nominees that the 
President has pending were invited to the White House, Democrats and 
all. Why? To complain about the Democrats not approving them.
  This leads me to tell you a little experience I have had, and we have 
all had, with this President. The President is in fact hoping to have 
breakfast with all the nominees, Democrats and Republicans, now pending 
in the Senate, in an effort to force the Senate to confirm all these 
people. They must live in some alternative universe. I talked yesterday 
about the Orwellian nature of this White House, and this is it. He has 
invited people to the White House to complain about our not approving 
them when they--the President and the White House--are the reason we 
are not approving many of them.
  He invited Mr. Walther, Mr. Lenhard and other Democratic nominees to 
the White House, along with all his Republican nominees, to get them to 
be a backstop, a picture, so he can come out and give one of his 
Orwellian speeches that these people are not being approved because of 
the terrible Democrats in the Senate. Actually, we are waiting for him 
to allow us to have votes on a number of these nominees.
  The President's breakfast only needed one attendee. Only one. That is 
because only one nominee matters to this President. It should be an 
intimate breakfast between President Bush and a man by the name of 
Steven Bradbury. Why do I say that? I say that because of all the 
nominees the President will profess to care about at this breakfast, 
Steven Bradbury stands head and shoulders above all the others in the 
President's esteem. I am not guessing; I was told so by the White 
House.
  Right before the Christmas recess, I called the President's Chief of 
Staff, Mr. Bolten. A wonderful man; I like him; easy to talk to and 
easy to deal with. I said: I tell you what, Josh. We are going to go 
into recess, and why don't we have an agreement on who the President 
wants to have recess appointed and, in fact, I will give you some 
suggestions. You can have a member of the Federal Reserve Board of 
Governors, you can have a Federal Aviation Agency, and you can have a 
couple of other Chemical Safety Board members. I said: Not only that, 
there are 84 other Republican nominees we will approve. There are 8 
Democrats, 84 Republicans. Pretty good deal. He said: Let me check.
  He called me back and he said: Well, what we want is to have a recess 
appointment of Steven Bradbury. I said: Josh, I didn't recall the name. 
Let me check. I checked with Chairman Leahy, I checked with Senator 
Durbin, who is a member of that committee, I checked with Senator 
Schumer, who is on that committee, and they and others said: You have 
to be kidding. This is a man who has written memos approving torture, 
and that is only the beginning.
  Senator Durbin--I don't know if he has time today--will lay that out 
in more detail.
  I called Josh back and I said: Josh, that man will never get 
approved. He has no credibility. He said: Well, let me check with the 
President. He called back and said: It is Bradbury or nobody. I said: 
You are willing to not allow 84 of your people to get approved because 
of this guy? He said: Yes, that is what the President wants.
  Now there are 84 nominees, and among them somebody Secretary Chertoff 
wanted badly. Secretary Chertoff called me personally on someone and he 
said: You have to give us this person. We have important things to do 
here. If I don't get her, they will send me somebody from OMB, and that 
will be a person who doesn't know anything from anything. You have to 
help me with this.
  The head of Alcohol, Tobacco and Firearms, four Department of Defense 
assistant secretaries, the Deputy Director of the National Drug Control 
Policy, the Director of the Violence Against Women's Office, Assistant 
Attorney General, Under Secretary of Commerce for International Trade, 
Director of the Census, Solicitor for the Department of Labor--these 
are only a handful of the jobs of the 84.
  Now, these jobs, all Republicans, all names given up to us by the 
President, are jobs these people have sought for their whole lives. 
Head of the Census, head of the National Drug Control Policy, Director 
of Violence Against Women's Office, Solicitor for the Department of 
Labor. Nope, they are not going to have a job.
  I thought about that. That was a decision the President made, willing 
to throw 84 people under the bus, run over them, for one person he knew 
he couldn't get. That is 84 plus the 4 he could recess appoint. So what 
we did, we stayed in session during the entire holiday recess. But 
before we went out, I thought to myself, I don't know these 84 people. 
Some of them I have met, but these are jobs that are important to our 
country, jobs that are important to these individuals and their 
families. I made the decision that because the President is willing to 
do what I think is so unfair, so unreasonable, that doesn't mean I am 
going to be unfair and unreasonable. So I called Secretary Chertoff and 
others and said: Just because your boss is unreasonable and unfair, I 
am not going to be that way. So I am going to walk out on the floor and 
approve every one of them, which we did. So for him to have that 
meeting tomorrow takes about as much gall as I can even imagine, to 
have a meeting where he brings in all the people who have not been 
approved. And had I not been, in my own words, generous, he would have 
had 84 more people he would have had to invite down there.
  I can't imagine how he could invite Democrats down to the White 
House. Several of them are being blocked in this body by Republicans. 
Same goes for a number of Republican nominees. Democrats are willing to 
approve them and Republicans stand in the way. Why would he invite them 
down there also? But he did, because there is an Orwellian thought 
process that goes on down there saying Democrats aren't allowing these 
people to get approved, which is the direct opposite of the truth.
  All for one person it appears, Mr. Bradbury. Whatever the White House 
wants, Bradbury would give it to them in a legal opinion. We are not 
going to accept that. What the President is trying to do with this show 
tomorrow is so unreasonable, so unfair, and so out of step with 
reality--as is the budget he gave us on Monday--that I hope the 
American people understand what is going on in this country.
  It is too bad we have a situation where the President of the United 
States would have a meeting in the White House and invite everybody to 
say: I am sorry you are not going to be approved, it is their fault, 
when the truth is, it is his fault.
  Now, here are the people we confirmed. They are right here. Everybody 
can see them. We confirmed all of them. And had it been up to the 
President, not a single one would have been confirmed.
  The PRESIDING OFFICER. The assistant majority leader.
  Mr. DURBIN. Mr. President, I am glad the majority leader has come to 
speak about this issue. It is hard to imagine what is going through the 
mind of the President that he believes he can make an argument tomorrow 
with the meeting at the White House, that we have been unreasonable in 
dealing with his nominations.
  Senator Reid spelled out what happened. We tried, in many ways, to 
get some balance in nominations. That is done all the time so 
Republicans and Democrats will be appointed. It is done by both 
parties. I have seen it in the years I have been around the Senate. 
When Senator Reid made that offer in December, the White House said: 
No, they would not do it unless they could have this one nomination, 
Mr. Bradbury. And I will have to say I think Senator Reid went that 
extra mile, an extra 84 miles, as a matter of fact, and he basically 
said 84 of those Bush nominees would be confirmed.
  The majority leader recounted several phone calls he received this 
week from Democratic nominees to bipartisan commissions. I heard from 
my friend, Tom Carper, not the Senator from Delaware but a friend of 
mine

[[Page 1397]]

from McComb, IL, who has been nominated to serve on the board of 
directors of Amtrak.
  Tom has been working on passenger rail issues for 20 years, 12 years 
as mayor of the city of McComb, IL, which is served by Amtrak. As 
mayor, he served as the chairman of the Amtrak Mayor's Advisory 
Council. He received national recognition for his leadership on Amtrak 
issues.
  He saw firsthand the enormous potential that passenger rail service 
can have for towns, such as McComb, small towns that might be 
overlooked otherwise. He helped to make the potential of Amtrak service 
a reality. We have such a success story of Amtrak in Illinois in the 
last year or two, with dramatic increases in ridership. Tom saw this 
coming and was a real leader. He convinced the State of Illinois to 
double its State investment in Amtrak. He worked with a broad coalition 
of passenger, business, labor groups, and elected officials to increase 
Amtrak service across our State.
  We are experiencing a renaissance in terms of passenger rail in our 
State in a short period of time. Senator Reid was given an opportunity 
to fill a vacancy on the Amtrak board. I asked him to consider former 
Mayor Tom Carper of McComb, IL. He was kind enough to recommend him. 
There are seven voting members on the Amtrak bipartisan board--three 
Republicans, three Democrats, and the Secretary of Transportation. 
Currently, there are four vacancies on the board, which means the board 
does not have enough members for a quorum, and it forces the board to 
conduct business via an ``Executive committee.''
  On our last day of session in December, Senator Reid, I think through 
great effort and courtesy, rose above the President's refusal to 
cooperate on nominations and worked to confirm more than 80 nominations 
in a single day. But we could have--and should have--confirmed at least 
two more. Senator Reid and I worked together and offered to confirm two 
nominees to the Amtrak board--one Democrat, Tom Carper, and one 
Republican, both of whom had been favorably reported by the Commerce 
Committee.
  The Republicans objected. They insisted that we confirm one Democrat 
and two Republicans or none at all. Now, this ``all-or-nothing'' 
approach is not new. We have seen this before when it comes to 
nominations.
  As the majority leader described, I think the most glaring example of 
this is the nomination of Steven Bradbury to be Assistant Attorney 
General. The majority leader was willing to allow additional 
confirmations--and even recess appointments--for a number of 
nominations.
  I can tell you, having dealt with Senator Reid, he bends over 
backward to be balanced in this approach. That is the way it has to be 
in the Senate. That is the way the institution operates. But the White 
House turned down his offer. They turned down his offer because of one 
nomination, the nomination of Steven Bradbury.
  It was clear this request, Mr. Bradbury, was going to be rejected. 
Mr. Bradbury's nomination has been returned to the White House four 
times since he was first nominated for the job in June 2005. What part 
of ``no'' does the White House fail to understand?
  Why does the President care so much about this one nominee that he is 
willing to sacrifice all these other nominees? He is going to fill the 
White House with people who are going to have this fine White House 
china in front of them, sipping coffee and tea and eating little 
cookies and complaining that somehow or another the Democrats in the 
Senate are ignoring their need to serve our Government.
  We are not ignoring it. Senator Reid has offered repeatedly to 
confirm these nominees on a balanced basis, even giving the President 
84 nominees without this balance. They have said: No deal unless we get 
Steven Bradbury. He is the only appointment, clearly, who is important 
to this administration. Why? What is it about this man? What would 
possibly be in his background or his potential for future service that 
would be so important?
  Well, this is worth talking about for a minute. Steven Bradbury is 
the head of the Office of Legal Counsel, also known as OLC. OLC is a 
small office and most people have never heard of it, but it has a great 
deal of power, especially in this administration. The Office of Legal 
Counsel issues legal opinions that are binding on the executive branch 
of Government.
  In the Bush administration, OLC has become a rubberstamp for torture 
policies that are inconsistent with American values and laws. In August 
of 2002, the Office of Legal Counsel issued the infamous torture memo. 
This memo sought to redefine torture, narrowing it to a limited 
situation of abuse that causes pain equivalent to organ failure or 
death. These words meant the United States was preparing to abandon 
generations of commitment to outlawing and prohibiting torture. This 
memo also concluded the President has the right to ignore the torture 
statute, which makes torture a crime. This memo was official Bush 
administration policy for years, until it was finally leaked to the 
media, and the administration was forced to repudiate it.
  Jay Bybee, who was then the head of the Office of Legal Counsel, 
signed that memo. Unfortunately, Mr. Bybee was confirmed to a lifetime 
appointment on the Federal bench in the Ninth Circuit before Congress 
and the American people learned about his complicity in the creation of 
this infamous torture memo, a memo that was repudiated by the Bush 
administration once it became public.
  Jack Goldsmith succeeded Jay Bybee as head of the Office of Legal 
Counsel. Mr. Goldsmith is a very conservative Republican, but even he 
was disturbed when he heard what was happening at the Office of Legal 
Counsel.
  As head of that office, he revoked the misguided OLC opinions dealing 
with warrantless surveillance and torture. He decided those opinions 
went too far.
  Deputy Attorney General Jim Comey supported Mr. Goldsmith's actions. 
Let me say a word about Mr. Comey. My colleague and friend for years, 
Senator Schumer, first told me about Jim Comey when he was chosen to be 
the Deputy Attorney General under Attorney General Ashcroft. Senator 
Schumer told me Jim Comey was a straight shooter, an honest man who 
would not compromise his principles in public service. He said I could 
trust Jim Comey. During the period Jim Comey served in our Government, 
Chuck Schumer was right. Jim Comey enjoys that reputation because he 
earned it.
  We now know what happened because it has come to light that there was 
an infamous showdown at the bedside of Attorney General John Ashcroft, 
who was hospitalized in an intensive care unit, where White House Chief 
of Staff Andrew Card and former Attorney General Alberto Gonzales tried 
to pressure a then-ailing John Ashcroft into overruling Jack Goldsmith 
and his acts in the Office of Legal Counsel. It is hard to imagine that 
they would go into a hospital wing, with the acting Attorney General 
and with the President's Chief of Staff, to a man in an intensive care 
unit and try to persuade him to sign a document to overrule Jack 
Goldsmith.
  Fortunately, Attorney General John Ashcroft, to his credit, refused. 
When Jack Goldsmith finally left the Justice Department, the 
administration realized they did not need any more trouble from the 
Office of Legal Counsel, they needed someone in that office who would 
not rock the boat, would not question their opinions, someone who would 
rubberstamp their policies.
  So, in June 2005, President Bush nominated Steven Bradbury to succeed 
Jack Goldsmith--Steven Bradbury, the person who has now become the 
centerpiece of the entire appointment agenda of the Bush 
administration. Although Mr. Bradbury has never been confirmed in this 
position, he has effectively been head of OLC for 2\1/2\ years.
  In 2005, Mr. Bradbury reportedly signed two OLC legal opinions 
approving the legality of abusive interrogation techniques. One 
opinion, on so-called ``combined effects,'' authorized the CIA to use 
multiple abusive interrogation techniques in combination.
  According to the New York Times, then-Attorney General Alberto 
Gonzales approved this opinion of Mr.

[[Page 1398]]

Bradbury over the objections of then Deputy Attorney General Jim Comey, 
who said the Justice Department would be ashamed if the memo became 
public.
  Mr. Bradbury also authored and Alberto Gonzales approved another 
Office of Legal Counsel opinion, concluding that abusive interrogation 
techniques, such as waterboarding, do not constitute cruel, inhumane or 
degrading treatment. This opinion was apparently designed to circumvent 
the McCain torture amendment. I was proud to cosponsor John McCain's 
torture amendment. We are in the midst of a Presidential campaign, and 
I suppose you have to be careful as a Democrat saying anything positive 
about a man who may be the Republican nominee.
  But I could not think of another Senator who could speak with more 
authority on interrogation and torture than John McCain, who spent over 
5 years in a Vietnam prison camp. He came to this floor and made an 
impassioned plea for us to make it clear that torture would not be part 
of American policy.
  In the end, he won that amendment by a vote of 90 to 9, an amendment 
which absolutely prohibits cruel, inhumane or degrading treatment. 
Steven Bradbury, now infamous for his role in memo after memo relating 
to torture, felt he found a way, through an opinion, for the 
administration to avoid the impact of the law the President signed, the 
McCain torture amendment.
  That is what this is about. This is not a casual situation where I 
find Mr. Bradbury personally offensive. We are going to the heart of a 
question as to whether this man can serve this country in this critical 
position in the White House based on what we have seen over and over 
again: his complicity in some of the most embarrassing chapters in this 
administration, including some that have been publicly repudiated.
  Last fall, while the Senate was considering the nomination of Judge 
Michael Mukasey to be Attorney General, the judge pledged to me in 
writing that he would personally review all of the Office of Legal 
Counsel's opinions dealing with torture. He said he would determine 
whether each of these opinions can be provided to Congress and whether 
he agreed with the legal conclusions of each of these opinions. This 
promise made by Attorney General Mukasey to me, to the Judiciary 
Committee, and to the Senate is a matter of public record.
  Last week, Attorney General Mukasey appeared before the same 
Judiciary Committee for the first time since he was confirmed. I asked 
him point-blank whether, as he had promised, he had reviewed all of the 
OLC torture opinions. I specifically asked him about Steven Bradbury's 
``combined effects'' opinion, which Jim Comey said would shame the 
Justice Department if it became public. Sadly, the Attorney General 
said he had not reviewed those opinions. He realized that he had made a 
promise to me that he would, and we left it at that. He did acknowledge 
in the course of his testimony how much he respected Jim Comey, how he 
had turned to him for advice and believed he was an honorable man. I 
feel the same. I trust that Attorney General Mukasey is also an 
honorable man who will keep his word.
  In the meantime, while all of this continues, Steven Bradbury remains 
as the effective head of the Office of Legal Counsel, even though it 
has been 2\1/2\ years since he was nominated and he has never been 
confirmed. Legislation known as the Vacancies Reform Act prohibits a 
nominee from serving for this long without confirmation. It makes a 
mockery of the confirmation process that Mr. Bradbury assumes a role he 
has never been given under the law. Apparently, he is so important to 
the Bush administration, they are willing to violate this law to keep 
him in his position, and they are prepared to toss overboard scores of 
nominations which could be approved by this bipartisan Senate if they 
would only relent on this nominee, who is obviously not going to be 
approved. The fact that Mr. Bradbury continues to serve as the 
effective head of the Office of Legal Counsel appears to be an attempt 
to circumvent the confirmation process in order to install this 
controversial nominee in a key Justice Department post in the closing 
days of this administration.
  Ironically, the Vacancies Reform Act to which I referred was passed 
by the Republican-controlled Congress in 1998 to limit the ability of 
then-President Clinton's nominees to continue to serve in an acting 
capacity. The legislation was specifically targeted at Bill Lann Lee, 
the first-ever Asian-American head of the Civil Rights Division. 
Apparently, the Bush administration is ignoring the very law which a 
Republican Congress passed to make it clear that the President does not 
have the authority to appoint people like Steven Bradbury in an acting 
capacity without confirmation.
  Why has Mr. Bradbury not been confirmed? For years, the Justice 
Department has refused to provide Congress with copies of the opinions 
Mr. Bradbury authored on torture. Mr. Bradbury has refused to answer 
straightforward questions from myself and other members the Judiciary 
Committee regarding his role in this.
  Here is what I said in November 2005 about Mr. Bradbury's nomination:

       Since the Justice Department refuses to provide us with OLC 
     opinions on interrogation techniques, we do not know enough 
     about where Mr. Bradbury stands on the issue of torture. What 
     we do know is troubling. Mr. Bradbury refuses to repudiate 
     un-American and inhumane tactics such as waterboarding.

  As I have said before, I believe that at the end of the day, when the 
history is written of this era, there will be chapters that will not be 
friendly to this administration.
  In past wars, Presidents of both political parties have been guilty 
of excessive conduct, in their own view, as part of national security. 
One can remember the suspension of habeas corpus by President Lincoln 
during the Civil War, the Alien and Sedition Act of World War I, and 
the Japanese internment camps of World War II. All of these examples, 
as we reflect on them in history, do not reflect well on this country. 
Decisions were made which many wish could be undone. The same is likely 
to be true when it comes to the issue of torture and the war on 
terrorism under the Bush administration; this issue of warrantless 
surveillance, where for years, literally, this administration went 
beyond the law and attempted to intercept communications when they 
could have come to Congress and received bipartisan support for an 
approach which would have kept America and our Constitution safe.
  Yesterday, we learned why Steven Bradbury is so important to the 
White House. We also learned why he refuses to condemn waterboarding. 
It was Super Tuesday, so a lot of political minds were focused on other 
places and other things. Unfortunately, it didn't get a lot of 
attention, but every American should know what happened yesterday on 
Capitol Hill.
  In testimony before the Senate Select Intelligence Committee, CIA 
Director Michael Hayden acknowledged that the United States of America 
has used waterboarding, a form of torture, on three detainees. 
Waterboarding, or simulated drowning, is a torture technique that has 
been used since at least the Spanish Inquisition. It has been used by 
repressive regimes around the world.
  Every year, the State Department issues a report card on human rights 
in which we are critical of other countries that engage in what we 
consider to be basic violations of human rights. Included in those 
basic violations is torture of prisoners. Included in that torture is 
waterboarding. So once a year we stand in judgment of the world and 
condemn them for engaging in waterboarding and torture techniques on 
their prisoners. Yet it is clear from the testimony yesterday of 
General Hayden that we have engaged in some of those techniques.
  Following World War II, the United States prosecuted Japanese 
military personnel as war criminals for waterboarding American 
servicemen. The Judge Advocate Generals, the highest ranking military 
lawyers in each of the U.S. military's four branches, have stated 
publicly and unequivocally that waterboarding is illegal.

[[Page 1399]]

  Now the United States of America has acknowledged engaging in conduct 
that we once prosecuted as a war crime. This is unacceptable.
  Yesterday, I sent the Attorney General a letter. I wanted to spell 
out clearly for him, so there is no misunderstanding, why it is 
important that he respond to several requests which I have made for 
information. At the heart of it is a good man, a judge named Mark 
Filip, who serves in the Northern District of Illinois, a man whom I 
supported for his confirmation as a Federal judge and who has received 
positive reviews for his service on the bench.
  Attorney General Mukasey would like Judge Filip to be his Deputy 
Attorney General. That is a good choice. But I have said to the 
Attorney General, there is only one thing between my enthusiastic vote 
for Mark Filip and his remaining on the calendar: The Attorney General 
has to respond to inquiries I have made, some of which were made months 
ago, on this critical issue of torture. I wanted to make certain that 
there was real clarity in my request. So I sent a letter to the 
Attorney General yesterday and said: Here is exactly what I am looking 
for, the letters we have sent, the questions we have asked, and I want 
you to respond to them. I hope I receive that response by the end of 
the day. If I receive that response and it is a good-faith response, 
even if I disagree with it, if it is a good-faith response, then Judge 
Filip can move forward. I hope he will. It is now in the hands of 
Attorney General Mukasey.
  Let me highlight two of the questions I am asking: First, does 
Attorney General Mukasey agree with the legal conclusions of the Office 
of Legal Counsel torture memos written by Steven Bradbury, that Jim 
Comey believes the Justice Department would be ashamed of if they were 
made public? Second, will the Justice Department investigate the 
administration's use of waterboarding to determine whether any laws 
were violated? I didn't call for prosecution but simply for an honest 
investigation.
  I recognize the Bush administration wants to confirm Steven Bradbury, 
to ensure they have a firewall to protect their torture policies. But 
what is at stake here is more important than this one nominee. This is 
about who we are as a country. This is about the United States, our 
values, our standards of conduct. This is about whether the United 
States can, with a straight face, be critical of regimes and countries 
around the world that engage in abusive interrogation techniques. This 
is about whether we protect American soldiers and American citizens 
from torture by unequivocally condemning those forms of interrogation. 
The United States cannot be a country that defends a practice which the 
civilized world has considered torture for over five centuries.
  Democrats are willing to work with the President, in a bipartisan 
manner, to confirm nominations. But the President's response to the 
majority leader's work in confirming more than 80 nominations in 
December by renominating Steven Bradbury last month is not encouraging. 
If the President truly wants to confirm his nominations, he should not 
be pouring coffee and tea at the White House.
  He ought to have his Chief of Staff, Mr. Bolten, pick up the phone 
and say: Let's get down to business. There are important Democrats and 
Republicans who can be appointed tomorrow if the President will 
understand that the entire fate and future of his administration should 
not hang on this one nominee, Steven Bradbury, who has been implicated 
in some of the most questionable practices of this administration. I 
hope the President and his Chief of Staff, after they have had their 
coffee with these potential nominees, will pick up the phone and work 
with us for the right result.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Menendez). The Senator from Alabama.
  Mr. SESSIONS. Mr. President, I would like to share some thoughts on 
the FISA legislation. It is critically important, and we need to pass 
the Intelligence Committee bill.
  I will first say, in response to my able colleague from Illinois, 
that General Hayden's comments in which he indicated three people had 
been subjected to waterboard torture are something we ought to think 
about. First, I am glad, as he said and has been repeated, 
waterboarding was only used three times early on after 9/11 against 
some of the most dangerous people we have ever dealt with.
  As a result of the debate and discussion about that, we had an 
amendment on the floor of the Senate, which Senator Kennedy offered to 
the Military Commissions Act in 2006, to prohibit waterboarding. It 
failed 46 to 53. We have a statute that does prohibit torture--Congress 
passed it overwhelmingly and it was supported by Senators Kennedy, 
Leahy, Biden, and others--that defined torture as infliction of severe 
physical or mental pain or suffering. I am glad we are no longer 
utilizing waterboarding. I hope we never have to do it again.
  I just want to say to my colleagues, be careful how you portray the 
United States around the world.
  Mr. Goldsmith, who has been quoted here and previously testified 
before our committee, has written a book. He said this war on terror 
has been the most lawyered war in the history of the Republic. Lawyers 
have been involved in everything. Great care has been given to ensure 
the law was followed. To compare waterboarding of 3 individuals to what 
was done to American prisoners by the Japanese in World War II is just 
unthinkable. To date, not a single prisoner whom we have captured in 
the War on Terror has died, to my knowledge, in American custody--maybe 
or one or two from some disease, but certainly not from abuse.
  I just finished reading the book ``Hells Guest'' by Mr. Glenn Frazier 
from Alabama, a Bataan Death March survivor. About 90 percent of those 
prisoners died. They starved to death. They were beaten on a regular 
basis and abused in the most horrible way.
  To even compare what was done to American soldiers wearing a uniform 
lawfully being a combatant to what has been done to a few people 
without any physical or permanent injuries is not fair. It is part of a 
rhetoric designed for political consumption at home that has 
embarrassed our country around the world and led decent people around 
the world to believe our military is out of control and we are 
systematically abusing and torturing prisoners when it is not so. We 
ought to be ashamed of ourselves to go on again and again about it.
  We continue to be confused. Our country faces very real dangers. 
Terrorists are determined to damage this country. It is not just talk. 
We know it is true. They have done it before. They have attacked us 
around the world. They attacked us repeatedly before 9/11, and they 
desire to destroy our country.
  Our administration made a decision after 9/11 that we could not treat 
these kinds of military attacks, designed to destroy our country by 
organized foreign forces, as normal law enforcement. I was a former 
Federal prosecutor. In a criminal prosecution, you try to catch people 
after they have committed the crime. But these acts are so horrible 
that the nature of them is such that they are acts of warfare and not 
crimes, and they need to be treated in that fashion. We remain somewhat 
confused about it. So the old policy meant you would investigate after 
the crime was committed. It was basically a stated or implicit policy 
of the Clinton administration. We cannot return to that kind of 
strategy.
  One of the most important legal powers and authorities we have to 
defend America is the Foreign Intelligence Surveillance Act. It has 
played a key role in preventing subsequent attacks on U.S. soil for the 
last 6 years. We are dealing with very real, very imminent threats, and 
we must continue to assist the fabulous military and intelligence 
personnel who are working this very moment long hours to protect our 
Nation.
  I have visited our National Security Agency and met with the people 
who gather the intelligence under this act. They love America. These 
are not people who are trying to harm our country

[[Page 1400]]

and deny us our liberties. They are sterling individuals who carefully 
follow the rules we give them. They follow the rules. They say they 
cannot continue effectively to do their job unless we pass this 
legislation. They cannot continue to do what they need to do.
  The terrorists waging war against our country do not fight according 
to the rules of warfare, international law, moral standards, or basic 
humanity. They have even, in recent days, apparently used mentally ill 
women as suicide bombers, setting off bombs that have resulted in the 
deaths of other people, as well as the poor people who had the bombs 
strapped to them.
  So, historically, we have provided the protections of the Geneva 
Conventions only to those whose conduct falls within the rules of war, 
those who fight under a flag of a nation, who wear uniforms against 
other organized military units. However, under a twisted rationale, 
predicated on the belief by some that we are not fighting a real war, 
we have given more rights to these individuals, who flatly reject any 
rule of war, than we have provided to legitimate prisoners of war who 
have followed the rules of war. We have done that in a number of 
different instances--it is sort of amazing to me--including providing 
them with habeas corpus relief to go to Federal court. These are not 
traditional prisoners of war, but prisoners who are unlawful enemy 
combatants. So we have endangered, sometimes I really believe, not only 
our troops, who put themselves in harm's way--and are in harm's way 
right now--to carry out the policies we gave them, but innocent 
Americans here at home.
  We have to keep this threat in the forefront of our minds. These are 
individuals dead set on the destruction of our country at any cost. 
There is nothing they will not do.
  Let me state that the FISA law should be made permanent. It should 
not merely be extended with another sunset provision. It is a 
fallacious argument to claim we cannot revisit a law unless there is 
some sunset when it ends. As Members of this Congress, it is incumbent 
upon us to continually review legislation we pass to ensure that the 
laws are accomplishing the goals set forth and that no unintended 
consequences occur. There is no sound reason to pass critical 
legislation such as the Protect America Act and slap an expiration date 
on it.
  Fighting the war on terror is a long-term enterprise that requires 
long-term institutional changes. As the Vice President said in a recent 
speech:

       The challenge to the country has not expired over the last 
     six months. It won't expire any time soon, and we should not 
     write laws that pretend otherwise.

  The Intelligence Committee bill is a collaborative, bipartisan 
compromise that was crafted in consultation with members of the 
Intelligence Committee, the Director of National Intelligence, the 
Department of Justice, and the intelligence community after months of 
negotiation and review of highly sensitive information, most of which 
was classified, secret, about the current surveillance procedures and 
how they were being used by the Government to obtain critical national 
security information. We cannot overstress that the committee most 
intimately involved with this process and the electronic measures being 
utilized voted their bill out by an overwhelmingly bipartisan 13-to-2 
vote.
  Remember, it has been over 6 years 4 months since the terrible 
attacks of September 11, and we may be most thankful that not one 
attack has been carried out on our soil since that day. As we move 
further from that dreadful day, I fear our memories have begun to fade. 
Otherwise, there is no sound justification for doing anything other 
than reauthorizing the Protect America Act, which would allow the 
intelligence community to simply continue, uninterrupted, their work 
which has been protecting this Nation and can continue to protect it in 
the future.
  After the intelligence Committee passed a bill, the Senate Judiciary 
Committee, of which I am a member, got involved and produced a partisan 
bill. We already voted to table the partisan Judiciary substitute, and 
we debating the bipartisan Intelligence Committee bill. Let me point 
out, however, something that happened in the Judiciary Committee. The 
bill produced by the committee was given very little process during one 
committee meeting where 10 Democratic amendments were accepted along a 
strict party-line vote, and the bill itself, ultimately, was voted out 
with only Democratic support. No Republican voted for it. It was a 
purely partisan bill.
  Strikingly, the one vote that garnered bipartisan consideration was 
against an amendment that was offered by Senator Feingold to strip the 
retroactive liability protections found in section 2 of the 
Intelligence bill.
  We had a discussion and vote on whether the liability protections to 
keep the companies that helped us and responded to Government 
requests--whether they should be sued for doing so--should be stripped 
from the bill. We voted in the Judiciary Committee, 12 to 7, to follow 
the recommendation of the Intelligence Committee bill that they passed 
13 to 2, and keep the limited liability protections. So it was a 12-to-
7 vote to defeat the Feingold amendment that would have removed those 
liability protections.
  Directly after that vote, however--it was curious how it all 
happened--but directly after that vote, Chairman Leahy moved to report 
only Title I of the Judiciary substitute bill out of Committee. When 
that passed, that effectively stripped the liability protection 
provisions the committee had just voted to keep.
  The point is that the Democratic-controlled Judiciary Committee, when 
voting directly on removing retroactive liability, voted 12 to 7 to 
keep it. But by the time we passed out the Judiciary Committee's 
version of the bill, we had taken it out. I'm not sure people fully 
understand how that occurred, but it certainly was an odd thing that it 
passed out of committee without liability protection, when we 
specifically voted to keep that language in the overall bill.
  Now, the main area of disagreement is over this important question 
that will be coming up, I understand, in the amendment offered by 
Senator Dodd, amendment No. 3907--and a Specter-Whitehouse amendment 
that will allow substitution--which will, in effect, allow litigation 
to continue against telecom companies that responded to the requests of 
the Attorney General of the United States, certified by the President. 
So our disagreement is whether we should provide these good corporate 
citizens who cooperated with a formal written request by the Attorney 
General of the United States, certified by the duly-elected President 
of the United States, to provide information for a surveillance program 
implemented shortly after the attacks on September 11--and at that 
point in time, we did not know how many terrorist cells there were in 
the country and what plans they may have had.
  Now, the nature of the program is highly classified, but after an 
uproar of complaints, the procedures were studied carefully by 
Congress, and we reacted by giving approval to the program in passing 
the Protect America Act overwhelmingly last August. I did not want to 
be too lighthearted about it, but I remember all the brouhaha that this 
program was somehow wrong and had to be eliminated, and people made all 
these unsubstantiated allegations. But after we went in great depth, we 
found, as Mr. Goldsmith said, that the lawyers have been on top of this 
since day one. It was a carefully constructed program. A court opinion 
issues last spring caused us to not be able to continue the way it was 
being done, and the Intelligence community asked us for legislation so 
it could continue. The Congress passed the Protect America Act this 
summer, but it was a short-term bill that lasted only 6 months.
  All I would want to say is, nobody apologized to President Bush or 
the Attorney General of the United States or the people at the National 
Security Agency for all the bad things they said about them. After 
having studied what they did, we concluded it is constitutional and 
legal and proper and necessary, and we actually passed a law to 
authorize it to continue.

[[Page 1401]]

  But still, there have been over 30 lawsuits now filed against telecom 
providers for their alleged participation in the terrorist surveillance 
program--30 lawsuits. Analysis of these lawsuits leads only to the 
conclusion that the plaintiffs are substituting speculation and a 
fevered brow for fact and are ignoring the dangerous consequences these 
lawsuits can have on our national security.
  I do not know who is actually filing these lawsuits. I will just say 
this, parenthetically: Last October, before the last election, Lancet 
magazine produced a report--a medical magazine in England--that said 
500,000 to 700,000 Iraqis were killed by the American military in Iraq. 
And ABC, CBS, and our Democratic colleagues all raised cane that, 
unbelievably, we would kill this many people. After the election was 
over--and by the way, the guy who wrote the report said he wanted to be 
sure it came out before the election--we learned some things about it.
  In a fabulous article in the National Journal, an unbiased magazine, 
they detailed the fraudulence of that article, and pointed out that 
even an antiwar group said, at most, it was 50,000, not 500,000 or 
700,000. And where did they find out the money for the Lancet article 
came from? George Soros, and the MoveOn.Org crowd. The ``blame America 
first'' crowd. Well, I don't know who is actually funding these 
lawsuits. We ought to ask some questions about it. Certainly there is 
no indication that anybody's liberties have been impacted adversely.
  If these suits are allowed to continue, we face a number of problems. 
The sources and methods relied on by our intelligence community to 
conduct surveillance are highly classified, and if these lawsuits are 
allowed to proceed, even allowing for the Government to be substituted 
for the telecom companies, we run the risk of exposing the things our 
enemies really want: classified national security information. Make no 
mistake, if forced to defend themselves against lawsuits brought about 
because they cooperated with a government request certified to be 
legal, companies will certainly hesitate or refuse outright to 
cooperate in the future. Even where substitution by the Government is 
an option, we would be putting national security decisions in the hands 
of corporate counsels in the future whose duties--and their first 
responsibilities--extend to the stockholders of their company, and not 
the national security.
  If we ask a company to help us, do we want all the lawyers in that 
company to say: Wait a minute. The last time we worked with you 
government we got sued, and we are going to review all of this because 
some court may hold this--or George Soros may fund some lawsuit and tie 
us up in court. We don't think we want to help. I think they would 
naturally take that tack in the future to resist cooperation.
  During floor debate in December, the distinguished chairman of the 
Intelligence Committee, our Democratic colleague Senator Rockefeller, 
said this. This is what he said about the matter:

       Our collective judgment--

  and he is talking about the Intel Committee members--

       Our collective judgment on the Intelligence Committee is 
     that the burden of the debate about the President's authority 
     should not fall on the telecommunications companies--

  In other words, the debate about whether the President had authority 
to do this shouldn't fall on the telecommunications counsels--

     because they responded to the representations by Government 
     officials at the highest levels that the program had been 
     authorized by the President and determined to be lawful and 
     received requests, compulsions to carry it out. Companies 
     participated at great risk of exposure and financial ruin for 
     one reason, and one reason only: in order to help identify 
     terrorists and prevent follow-on terrorist attacks. They 
     should not be penalized for their willingness to heed the 
     call during a time of national emergency.

  Senator Rockefeller said that.
  The ranking member of the Judiciary Committee who favors substitution 
has stated this, flat out:

       The telephone companies have acted as good citizens.

  Certainly they have. In many instances, the Government must seek 
assistance from the private sector and private individuals to help 
protect our national security and even local security in our 
communities. In order for this practice to continue, we must allow them 
to rely on assurances that the assistance they provide is not only 
legal but essential to protect our national security without fear that 
they will have their names dragged through the mud by protracted 
litigation initiated by the ``blame America first'' crowd which 
subscribes to wild theories about Government conspiracies to deny 
people their liberty. They are forgetting the safety of America, and 
they are ignoring sound legal precedent.
  Some in this body sincerely believe that liability protection is not 
needed if these companies did nothing wrong, they say. Well, this is 
faulty reasoning since either allowing the lawsuits to proceed or 
substituting the Government will still force them to be a party to 
lawsuits that run the risk of exposing national security information or 
doing irreversible financial and reputational damage to companies 
innocent of any wrongdoing. We are putting these companies in harm's 
way when they, bound by a sense of patriotism and civic responsibility, 
participate in a government program that was certified to be legal by 
the Attorney General of the United States and the President of the 
United States.
  If the Government is substituted--in accordance with one of the 
theories that has been offered--in the place of a particular company, 
it will most certainly assert the state secrets privilege, leaving, in 
effect, the company virtually impotent when it comes to mounting a 
defense and showing what their legitimate actions were. Due to the 
nature of this state secrets privilege, a company will be forbidden 
from making their case and will be left without the ability to even 
confirm or deny their participation in the program. We should applaud 
the actions of these citizens, not stab them in the back by suing them 
for their actions.
  To refresh everyone's memory, the Intelligence Committee, after 
months of negotiation in highly classified settings, rejected an 
amendment to strip liability protection from the bill for these 
companies by a vote of 12 to 3. It then passed the bill out in toto by 
a bipartisan vote of 13 to 2, protecting these companies from lawsuits.
  The Judiciary Committee, on the other hand, had one markup after less 
than 2 weeks of reviewing the Intelligence Committee's legislation, and 
rejected an amendment specifically that would have denied liability 
protection by a vote of 12 to 7. So we voted not to allow them to be 
sued either. Furthermore, the Judiciary Committee rejected an amendment 
to allow the Government to be substituted for the plaintiffs by a vote 
of 13 to 5. We rejected substitution too, although the liability 
protections were ultimately removed from the bill the Judiciary 
Committee passed.
  Even if the Government is substituted, plaintiffs in litigation will 
seek discovery, they will file depositions and ask for interrogatories 
and motions to produce. They will seek trade secrets and highly 
classified technologies. Companies would still face many litigation 
burdens. They would be--we would be subjecting them to harm, not only 
from consumer backlash, but their international business partners will 
be pressured around the world.
  Under the limited liability protections incorporated in the Intel 
bill, plaintiffs seeking to question the Government will have their day 
in court as it only protects good corporate citizens from civil suit. 
So the liability protections in this bill do not preclude lawsuits 
against the Federal Government from going forward. In fact, there are 
at least seven lawsuits currently pending against the Government that 
will proceed against the Government or Government officials. This was 
accepted by the Intelligence Committee. Some wanted to say you couldn't 
sue the Government for these activities also, but the Intel Committee 
reached an agreement, an overwhelmingly bipartisan agreement, that 
would allow those lawsuits to proceed.

[[Page 1402]]

  The companies that helped the Government did so to help protect us 
from further attack, and valuable information has been gathered with 
their help. I have been out to the National Security Agency. I have 
talked with the people. I know they scrupulously follow the rules we 
give them, and I know they have gained great, valuable information 
through this program, and I know they lost very valuable information 
when the program had to be stopped. This information has saved 
undoubtedly countless American lives by enabling our intelligence 
community to thwart attacks.
  Some have said this amounts to amnesty, but that couldn't be further 
from the truth. Amnesty is an act of forgiveness for criminal offenses, 
such as granting citizenship to people who broke the law to come into 
our country illegally. The companies were operating under a 
certification of legality in a time of national danger doing what they 
could as Americans to follow the law and prevent future attacks. At no 
point during their participation were their actions illegal. For 
Heaven's sake. To grant liability protection is to adhere to that great 
Anglo-American legal tradition for hundreds of years that when called 
upon by a law officer, with apparent legal authority, wearing a 
uniform, out on the street, a citizen is not to be held legally liable 
if, in responding to the officer, the officer was wrong. That is all we 
are talking about. That is a fundamental, historical, legal principle. 
The only question--the legal question has always been simply this: 
whether the citizen was responding to a legitimate request by a 
government law officer, a police officer to chase a bad guy. Was the 
citizen acting reasonably in believing this was a legitimate law 
enforcement request and he was helping by being a good citizen. That is 
the test. If he participated knowingly with somebody acting illegally, 
then that citizen could be liable. Certainly certification by the 
Attorney General and the President of the United States in written 
documents suffices as a legitimate request.
  The bottom line is, we do not need to pass legislation that panders 
to the extreme interest groups in America who find fault in everything 
our people do, our law enforcement and intelligence officers, and that 
fosters a fundamental mistrust of those officials who are working daily 
to serve all of us. The burden should not fall on the shoulders of good 
corporate citizens who are acting patriotically to help save lives and 
protect our country.
  I urge my colleagues to vote to support the Intel Committee bill, a 
carefully crafted, carefully studied, bipartisan bill. I also urge my 
colleagues to support the liability protections in the Intelligence 
Committee legislation and a vote against any amendments that attempt to 
strip these provisions or in any way alter the carefully structured, 
limited provisions of the bill.
  I thank the Chair and yield the floor.
  The PRESIDING OFFICER. Who yields time?
  The Senator from Georgia is recognized.
  Mr. CHAMBLISS. Mr. President, I rise today to discuss Senate 
amendment No. 3907 offered by Senators Dodd and Feingold to the 
Intelligence Committee's FISA legislation. I compliment my friend from 
Alabama for some very strong, very pointed remarks on this issue as 
well as the other issues he addressed.
  I am pleased the leaders of the Intelligence Committee were able to 
come up with an agreement on how to proceed on this important 
legislation. I look forward to the debate on many of these amendments.
  A couple of the amendments have been offered relating to title II of 
the bill which provides immunity to those telecommunication carriers 
that currently face lawsuits for their alleged assistance to the 
Government after September 11 and their participation in what is known 
as the terrorist surveillance program, or TSP. Senators Dodd and 
Feingold have offered an amendment striking this section. Senators 
Specter and Whitehouse have offered an amendment which would substitute 
the Government as a defendant for the telecommunication providers 
currently being sued for their alleged support to the President's TSP 
program. I do not support either of these amendments.
  As a member of the Select Committee on Intelligence, I had access to 
classified documents, intelligence, and legal memoranda, and heard 
testimony related to the President's TSP program. After careful review, 
as stated in the committee report accompanying this legislation, the 
committee determined:

       That electronic communication service providers acted on a 
     good faith belief that the President's program, and their 
     assistance, was lawful.

  The committee reviewed the correspondence sent to the electronic 
communications service providers stating that the activities requested 
were authorized by the President and determined by the Attorney General 
to be lawful, with the exception of one letter covering a period of 
less than 60 days in which the counsel to the President certified the 
program's lawfulness. The committee concluded that granting liability 
relief to the telecommunications providers was not only warranted but 
required to maintain the regular assistance our intelligence and law 
enforcement professionals seek from them.
  Although I believe the President's program was lawful and necessary, 
this bill makes no such determination. This is not a review or 
commentary on the President's program; rather, it is a statement about 
how important this assistance by the electronic communication providers 
is to our Government.
  I cannot understate the importance of this assistance--not only for 
intelligence purposes but for law enforcement purposes also. The 
Director of National Intelligence and the Attorney General stated:

       Extending liability protection to such companies is 
     imperative; failure to do so could limit future cooperation 
     by such companies and put critical intelligence operations at 
     risk. Moreover, litigation against companies believed to have 
     assisted the Government risks the disclosure of highly 
     classified information regarding extremely sensitive 
     intelligence sources and methods.

  There is too much at stake for us to strike title II and substitution 
is not an acceptable alternative. This week, we have been alternating 
between legislation geared to helping our taxpayers and FISA. Yet 
substituting the Government in these lawsuits will force the American 
taxpayer to front the heavy legal bills associated with this 
legislation.
  Substitution would allow these trials to continue and could risk 
exposure of classified sources and methods through the discovery 
process in the litigation. As a defendant in these frivolous lawsuits, 
the Government may be required to expose some of our most sensitive 
intelligence sources and methods. Let me emphasize the committee 
already found that these communication providers acted in good faith 
under assertions from the highest levels of our Government that the 
program was lawful. If an individual alleges he or she has a claim due 
to this program, that claim can be brought against the Government and 
should not be brought against the providers. The Intelligence Committee 
bill left open the option for Americans to sue the Government. An 
aggrieved individual may sue the Government and attempt to prove 
standing and a cause of action. However, substituting the Government 
doesn't shield our American business partners from these cases, nor 
does it relieve them of the liability to their stockholders they may 
unjustly face and which may be borne out in our economy. Substitution 
only increases the risk of leaks, and these potential revelations only 
make our enemies better informed on the tools we have to conduct 
electronic surveillance.
  Some of my colleagues have complained about access to the documents 
regarding the President's program. It is true many Members of Congress 
have not had access, nor have they had an opportunity to review these 
documents. There is a good reason for that. These documents are highly 
classified and represent details about intelligence sources and 
methods. I worry that expanding the number of people who have access to 
these documents will increase the likelihood that intelligence will get 
leaked into the public.

[[Page 1403]]

It is more appropriate that the oversight committee review and report 
back to the Senate on the various intelligence activities of the United 
States. That is why the Senate has an Intelligence Committee. As a 
member, I am familiar with handling classified material and receiving 
classified briefings. I have made commitments to safeguard the 
information I learn behind closed doors within the Intelligence 
Committee. Given the wide array of information I have heard on the 
Intelligence Committee, I question the benefits a Member would gain 
from such a limited, yet specific, review of the operations of our 
intelligence community. Rather, I urge my colleagues to support the 
determination of the Intelligence Committee, which is charged with 
regularly reviewing the intelligence activities of the United States 
and oppose the amendments offered by Senator Dodd and Senator Feingold. 
Providing our telecommunications carriers with liability relief is the 
necessary and responsible action for Congress to take. The Government 
often needs assistance from the private sector in order to protect our 
national security and, in return, they should be able to rely on the 
Government's assurances that the assistance they provide is lawful and 
necessary for our national security. As a result of this assistance, 
America's telecommunications carriers should not be subjected to costly 
legal battles.
  With that, I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. ISAKSON. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ISAKSON. Mr. President, I ask unanimous consent that I be allowed 
to address the Senate as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           ECONOMIC STIMULUS

  Mr. ISAKSON. Mr. President, we are on a very important piece of 
legislation, and I thank Senator Bond for all his hard work, and other 
members of the Intelligence Committee. I hope we can very soon pass a 
good FISA bill on the floor.
  I want to deviate from that debate for a second to talk about a 
headline many of my colleagues read yesterday, and that we are all 
reading repeatedly around the United States, and that is the rapid 
increase in the number of houses going into foreclosure. I want to 
address that in the context of the economic stimulus package and in the 
context of a possible recessionary tendency in the economy, and also 
from a historical perspective, in that we have been down this road 
before, and suggest there is an action the Senate and the Congress 
could take, and the White House could endorse, that could avoid an 
awful lot of foreclosures, improve the housing market, reverse the 
tendencies toward recession, and be a private sector solution to a 
problem that is going to be a tremendous burden if we don't act.
  I understand the short-term surgical benefits of the stimulus that 
was passed by the House, the other benefits that the Finance Committee 
passed. We will work ourselves through that in the next few weeks, and 
shortly thereafter the American people will more than likely be 
receiving a check of $300 or more with which to infuse some energy into 
the economy. But while that is going on, these numbers of a 200-percent 
and 300-percent increase of houses going into foreclosures are going to 
materialize into houses in foreclosure.
  When we get into the second quarter of this year and the middle of 
the summer, we are going to find ourselves in a difficult situation 
where the following has happened: a tremendous number of houses 
foreclosed on, the banks and lenders taking back inventory--and there 
is a term called REO, real estate owned--and the regulators coming in, 
looking at their books and telling them to get rid of that inventory. 
The lenders are going to then write them down, take them to the 
marketplace with deep discounts, and sell them.
  Now what that is going to do to your homeowners Jim Weichert sells to 
in New Jersey, mine in Georgia Harry Norman sells to, and those from 
all around the country, is those people who are in houses making 
payments and they are in good shape, their value is going to plummet 
because of the number of foreclosures that is flooding the market. What 
happens is the equity, the difference between their existing mortgage 
and the value of the house, decreases because the value of the house 
goes down. If they are like 87 percent of the American people who have 
an equity line of credit, where they use the equity in their house as a 
line of credit, if you will, their available credit is going to be 
squeezed.
  You know what is going to happen then? They are going to stop 
spending. When that happens, we will have the full pressure of the 
economy in a downward spiral, and it begins to feed upon itself. That 
is precisely what happened in 1975.
  In 1973 and early 1974, there was a great housing boom in the United 
States, like we have had over most of the last decade. And like what 
happened over most of the last decade with subprime loans and 
underwriting, back in 1974, money got awfully loose. Banks made loans 
with very little underwriting criteria, and we had a plethora of new 
homes built all over the United States by newfound homebuilders who had 
a hammer, a pickup truck, and easy credit. We found ourselves at the 
beginning of 1975 with a 3-year supply of vacant housing on the market 
in the United States. A viable real estate market is a 6-month supply. 
So you had six times the volume of houses that would be considered a 
balanced market, and we went into a deep recessionary spiral.
  A Democratic Congress and a Republican President passed a $6,000 tax 
credit available to any family who purchased a standing vacant house in 
inventory, and that allowed them to collect that credit over 3 years--
the 3 succeeding tax years after the year of their purchase. The only 
thing they had to do, other than qualify for their loan, and qualify 
under good qualifying standards, is they had to occupy the home as 
their residence. In a 1-year period of time, we absorbed a 2-year 
supply of housing and returned the housing market to balance and the 
economy stabilized. Although we had the impacts of the oil embargo, 
which was causing problems with inflation, the economy returned to a 
relatively stable time period.
  I, along with a number of Members of the Senate, have introduced 
legislation--Senate bill 2566--which takes that model from 1975 and 
applies it to our problem in 2008. What it very simply does is, it 
offers a tax credit of $15,000 for the purchase of any house that falls 
in the following category: a new house permitted before September 1 of 
last year that is standing and vacant; a house owned by a lender that 
was foreclosed on in the last 12 months from an owner occupant; and any 
house pending foreclosure owned by an owner occupant who is willing to 
sell. That is where all this inventory that is beginning to flood our 
market comes from. The tax credit would be available if the purchase 
was made between March 1 of this year and February 28 of next year. So 
there is a 1-year window to incentivize those who may be reluctant to 
go in the marketplace to do so.
  The Joint Tax Committee has scored this, and guess what the score 
is--$9.1 billion over 5 years. Put that in the context of the stimulus 
package that is before us of $150 billion to $160 billion. It is a 
relatively small inducement to provide a private sector solution to 
what is about to become a huge burden to the taxpayers of the United 
States and this Government.
  I come to the floor at this time in hopes that some of our colleagues 
who have not found an interest in this legislation yet will take a look 
at it. As the author, it is not original thought. I happened to have 
been a real estate broker in 1975 trying to hang on and make a living 
to educate my three children, and I saw my Government come to the 
rescue of the housing economy through energizing people to go in

[[Page 1404]]

and purchase houses that were in trouble, rather than bail them out 
somewhere down the line, and it worked. The cost to the Government was 
infinitesimal, yet the benefit to the public was astronomical.
  I hope, as we finish talking about a surgical, strategic, short-term 
stimulus to get the consumer buying, which is what we are talking about 
in terms of either the Senate Finance Committee bill or the House bill, 
we take a look at what is coming. Because, believe me, in July of this 
year, if we do nothing, we are going to be dealing with a housing 
supply in this country bigger than it has ever been, with vacant houses 
by the thousands in neighborhoods, declining values on the value of 
housing, and people who are in good shape are not going to be able to 
either have their equity line of credit work or be able to move their 
house in the marketplace because of the tremendous inventory available.
  History is a great teacher both in terms of things you should never 
repeat but also in terms of things that work and you should repeat 
again. I would submit the tax credit to qualified individuals to 
purchase and occupy a troubled house in this economy is an incentive 
that worked not only for the betterment of the market but for the 
betterment of our economy and in the best interest of the United 
States. Senate bill 2566 is an opportunity for us to join together to 
do something good and right for the American people.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Rhode Island.
  Mr. REED. Mr. President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           ECONOMIC STIMULUS

  Mr. REED. Mr. President, across the Nation, millions of Americans are 
struggling to make ends meet as our economy has slowed dramatically. In 
December, I spoke on this floor about how President Bush has presided 
over a period of divided prosperity in the United States, where a 
privileged few have done remarkably well but the rest of us have been 
trying to get by. For most working people, the trademark of the Bush 
administration and their economy is wage stagnation. Indeed, in my home 
State, real median wages have not increased since 2000.
  Rhode Islanders are coping not only with flat wages but increasing 
prices in critical commodities they must consume. Energy, education, 
and health care have all gone up. In January, in Rhode Island, gas was 
$3.11 cents a gallon; heating oil costs in the Northeast are projected 
to be at least $2,000 this year, which is about a $400 increase from 
last year. These price increases would be difficult to manage even in 
good times, but again paychecks for most working families have not kept 
up. In fact, they have been flat.
  With prices accelerating, wages flat, and a huge gap in the capacity 
of middle-income working Americans to keep up and try to get ahead, the 
subprime crisis is real. This housing crisis is having huge and 
devastating effects. Two years ago, most of our constituents, the vast 
majority of them, were sitting around the table thinking: Well, when my 
daughter is ready to go to college in 2008, we will go ahead and borrow 
from the house to provide the extra income she will need to go ahead 
and make it through college. A lot of those families now are 
recognizing they can't do that. They are more concerned about a health 
care incident, because, unlike a few months ago, there is no reservoir 
in the value of their house to cushion the blow of unexpected expenses.
  So this housing crisis, together with this wage stagnation, together 
with increased prices for energy and health care and education, and so 
many other things, is putting middle-class Americans in a vise and 
squeezing them.
  We have to do much better. The Joint Economic Committee and others 
have estimated some of the costs already in terms of this mortgage-
related foreclosure crisis. In my home State, they think $670 million 
will be lost to the family incomes of Rhode Island from 2007 through 
the end of 2009.
  These economic conditions are being felt across the country. They are 
not localized warnings. The weakness in housing has spread to all parts 
of our Nation and across our economy. Growth in the fourth quarter of 
last year was .6 percent compared to a 4.9-percent increase in the 
third quarter.
  We are slowing down, moving into a recession. Yesterday the market, 
Wall Street, went down over 300 points, largely due to a very weak 
report of a survey on the service sector. We have known for many months 
now that the manufacturing economy was having difficult times, but the 
service sector was holding up a bit.
  Yesterday, there was a chilling indication the service sector has 
also contracted. The market took the news very badly. The market also 
took the news very badly a few days ago, when we showed a loss of 
17,000 jobs, the first time we have actually lost jobs in more than 4 
years.
  Again, the administration's performance in terms of creating jobs has 
been less than stellar, barely keeping up with the new entrants into 
the labor market on a monthly basis. Now, for the first time in more 
than 4 years, we have lost jobs.
  Furthermore, the average length of unemployment is increasing from 
16.6 weeks in December to 17.5 weeks in January. More people are losing 
jobs and it is harder to find a new job.
  Yesterday, the Federal Reserve released a survey of senior bank loan 
officers who indicated that the credit crunch is spreading from 
consumer loans into the commercial and industrial loan sectors and that 
foreign banks are tightening their lending terms, in fact, even more so 
than some U.S. financial institutions.
  Taken together, it clearly shows Wall Street is going into what one 
analyst called a recession panic mode and many economists are seeing 
signs that weaknesses in our economy are spreading internationally. In 
fact, one investment banker today, in a speech reported on the 
Internet, suggested that in the credit markets fear has overtaken 
greed, creating a situation of near panic in many respects.
  So there is no doubt we have to act quickly on this stimulus package, 
not only to inject needed spending power into the economy to try to 
revive our consumer sector but also to signal to the American public we 
will act decisively to try to moderate, if not head off, the effects of 
a pending recession.
  We have, I think, a lot to be grateful for in the work of Senator 
Baucus and Majority Leader Reid and Senator Grassley in terms of taking 
a House proposal and increasing it with important provisions, such as 
expanding the eligibility criteria for income tax rebates, including 20 
million seniors and 250,000 disabled veterans.
  The package we are considering also includes $10 billion for a 
temporary extension of unemployment insurance and $1 billion of 
emergency funding for the Low-Income Home Energy Assistance Program, 
the LIHEAP program. Both of these initiatives are targeted to families, 
seniors and low-income households, and they would help jump-start the 
economy.
  Economists agree these programs among others are a good use of 
taxpayer money. Last week before the Budget Committee, Alan Blinder 
from Princeton University and Mark Zandi of Moody's Economy.com both 
recommended that unemployment insurance and LIHEAP be included in the 
stimulus package. They also included other elements, but at least these 
elements are part of the list they feel will provide a bang for the 
bucks we are going to invest in the economy.
  They meet the three T test--timely, targeted, and temporary.
  Now, Friday's disappointing jobs report showed that the ranks of the 
unemployed are unfortunately growing. Nonfarm payrolls actually 
decreased, as I said, by 17,000 workers last month. In fact, even 
President Bush acknowledged ``troubling signs in the economy.''
  So given these facts, I was surprised to hear Treasury Secretary 
Paulson say yesterday, in testimony before the Finance Committee, that 
he does not support including unemployment benefits in the stimulus 
package because national unemployment is only 4.9 percent, which is not 
historically high.

[[Page 1405]]

  What we want to do is take preemptive action to prevent the situation 
from further deterioration. We want to move now so we do not see 
unemployment rates climb, so we do not see the duration of unemployment 
continue to grow, so that we give Americans a real chance to get back 
to work; and if they are not back to work, then at least we provide 
something to sustain them in these difficult moments.
  In Rhode Island, my home State, we have reached a very high 
unemployment rate, 5.5 percent. Many other States are creeping up there 
too. We should, I think, move quickly, move decisively and support the 
Senate Finance package.
  We are also beginning to see that unemployment insurance provides a 
very good return on the investment. Mark Zandi, the economist I 
mentioned before, indicated that for every dollar the Government spends 
on unemployment insurance, it adds $1.64 to the national GDP. In other 
words, it leverages the investments we are making.
  So contrary to what some have talked about as excessive spending, 
this is exactly the targeted, temporary, timely spending that will 
accelerate, not decelerate, the economy.
  The stimulative effects of unemployment insurance will get more money 
into the hands of people who will spend it right away in their local 
communities, which is generally the whole purpose of our stimulus 
approach.
  Moreover, providing these benefits to these individuals will give 
them not just some dollars but a sense, I hope, of hope, that their 
Government is responding to their concerns and that we will respond in 
the future, if necessary.
  Making the long-term unemployed eligible for a temporary extension of 
an additional 13 weeks at this time also makes good sense and is the 
right thing to do. Two weeks ago, I wrote a letter to the majority and 
Republican leaders asking that they include unemployment insurance in 
the stimulus package, and 26 other Senators joined me.
  Senators Durbin and Kennedy have long led the fight on this issue. I 
commend them for their efforts. I hope unemployment insurance is part 
of the final package we are able to vote out of this body.
  Now, there is another aspect of the package we will consider later 
today, I hope; that is the LIHEAP support. We have seen a huge increase 
in energy costs. On average, Americans are spending about 11 percent 
more to heat their homes this winter. For Rhode Islanders who rely on 
heating oil, that is about 39 percent higher than last year in terms of 
their heating oil expenses.
  We know that the timely, targeted, and temporary aspects of stimulus 
have to be met. LIHEAP will do this. It is timely because it will be 
delivered very quickly. We have a delivery mechanism in place. It is 
also something that will fund families, low-income families, who 
desperately need this money.
  I do not have to belabor the point that today, around the kitchen 
table, people are figuring things out. They are thinking, first of all, 
they probably need to take off sending their first born or their second 
or third child to the expensive school; that may be off the table for a 
few years. But they are also talking very basically about which bills 
to pay this month? Do we pay our mortgage? Do we pay the energy bill? 
Do we pay the credit cards which we are using to buy food at the 
supermarket these days?
  I mean, these are the debates American families are having. They are 
not talking in terms that we are here, such as what is the best 
macroeconomic policy or how we can delay these expenditures, they are 
talking in terms of a real crisis in the family. We have to respond. 
One way we can respond quite clearly is with this LIHEAP money because 
that will go to one of their major concerns: How do we keep the heat on 
in the Northeast for the next several weeks and month; and in the 
Southwest, in anticipation of the grueling temperatures down there in 
the summertime, too. This additional money will provide an advance 
payment on cooling problems in the Southeast and the South, parts of 
the country that will soon encounter warm temperatures, not cold 
temperatures, which cause their energy costs to rise.
  Again, these are the households who need LIHEAP. And so we know we 
have a program that works in LIHEAP. If we can deliver additional 
resources, it will get to the families who need it, particularly 
seniors, it will get out immediately. It will add to the stimulus 
effect because as the economists--both Mr. Blinder and Mr. Zandi--
pointed out, it will leverage our investment in the economy.
  So with the escalating costs for energy I would urge my colleagues 
that we go ahead and accept this amendment, particularly the funds for 
LIHEAP. I urge us all to support the Senate Finance Committee package, 
a package that provides for greater coverage to seniors and disabled 
American veterans and also provides unemployment insurance for those 
who desperately need it and heating assistance for, again, the families 
who desperately need it.
  I hope that today, not only good sense, good economic sense, but a 
sense of our obligations to the most vulnerable in this country will 
persuade us to support this package strongly.
  The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, I ask unanimous consent to speak for 
up to 10 minutes and then for Senator Crapo to have up to 10 amendments 
to speak on the FISA bill.
  The PRESIDING OFFICER. Is there objection?
  Mr. BOND. Mr. President, reserving the right to object, I think our 
colleague is going to speak in morning business. But I will be happy to 
yield to the Senator from Texas.
  The PRESIDING OFFICER. Is there objection?
  Mrs. HUTCHISON. Was there an amendment?
  Mr. BOND. If we can yield to the Senator from Texas for 10 minutes on 
the bill, the Senator from Idaho for morning business, and then go to a 
Member on the majority side of the aisle.
  I believe there is a consensus developing for the unanimous consent 
request I have proposed.
  The PRESIDING OFFICER. Would the Senator repeat his unanimous consent 
request.
  Mr. BOND. Ten minutes to the Senator from Texas on the FISA bill, 10 
minutes in morning business for the Senator from Idaho, and then a 
member of the majority side will be recognized for whatever he or she 
wishes to do.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Texas is recognized.
  Mrs. HUTCHISON. Mr. President, I do rise to speak on the FISA bill, 
which I certainly support, and also to oppose some of the amendments 
that will be coming forward.
  I hope very much that we will be able to start voting on amendments, 
because we now have an agreement for voting on amendments, and I hope 
we can clear the FISA bill in due course and in short order. It is 
important because there is a deadline.
  We are going to see the capability for our law enforcement officials 
and our intelligence officials, to monitor calls between known 
terrorists and suspected terrorists, whether it is into our country, or 
out of our country from foreign countries, we need to have this 
capability continue.
  We have it right now. The Senate passed a good bill about 6 months 
ago. It has now been extended. But we do have a deadline, and the 
deadline is on us in the middle of this month. So we do need to pass 
this bill. We need to make sure the technology of the day is covered by 
the foreign intelligence surveillance act and subject to the security 
needs of our country.
  There are amendments that would take away the immunity for 
telecommunications companies that allegedly cooperated with 
intelligence officials.
  One amendment, No. 3907, would strip the immunity from the bill 
completely. The Intelligence Committee is the key committee that has 
looked at all of the information and assessed the need for the ability 
to survey known terrorists and suspected terrorist helpers in our

[[Page 1406]]

country and in foreign countries. It is important that we allow our 
intelligence agents to go to telecommunications companies and get the 
help they need to do this kind of surveillance. Amendment No. 3907 
would take away immunization for companies that may have cooperated 
with government requests.
  The telecommunications companies allegedly assisted the intelligence 
community because of the need to assure that plots against our country 
and our citizens were uncovered before they are implemented. Now we 
have the potential for catastrophic liability from a number of 
lawsuits, and some of my colleagues want the country to turn away from 
providing protection for these companies. We will not allow these 
companies the freedom to provide the evidence in court because the 
intelligence community says the evidence is too sensitive to be allowed 
in court. We put the telecommunications companies in a situation in 
which they cooperate. They are sued. But they don't have the ability to 
defend themselves in court because they cannot produce the evidence. It 
is untenable, and I hope we will reject such an amendment.
  There is another amendment that would allow the Government to be 
substituted for the telecommunications companies as the defendant when 
they are sued. The problem with this amendment is that the companies 
would still have to spend thousands of hours and millions of dollars on 
these lawsuits. They would have to subject their employees to 
depositions. They would need to participate in evidence gathering and 
the discovery process, which will drain their resources in an 
unnecessary lawsuit in which they would be peripheral.
  There is yet another amendment that would grant the immunity after 
review by the FISA Court. While certainly well intentioned, there are 
some problems with giving this to a court that doesn't have the 
capability to process this kind of request. They don't have statutory 
procedures. They don't have the administrative capacity to receive 
witnesses, to hear evidence, or to carry out the major provisions of 
the amendment.
  Furthermore, it is unclear that there is appellate authority from the 
immunity related rulings of the FISA Court this amendment creates. The 
FISA Court has operated in secret and has been more of an 
administrative court processing warrants. So this would put the court 
in a whole new administrative mode for which there are no precedent or 
appropriate regulations. There does not appear to be an appellate 
process from the FISA Court once it decides whether or not to grant a 
company immunity.
  I respect the work of my colleagues. They are trying to find good-
faith compromises. However, I put my faith in the Intelligence 
Committee. This is a committee that passed this bill, with immunity 
provisions in it, out of committee by a vote of 13 to 2. It was 
bipartisan. This is the committee that had the hearings, heard all of 
the evidence, and knows more about the processes than people who are 
not on the committee. They have spent a considerable amount of time 
reviewing the materials in these cases, including the Government's 
legal justifications for the program. We need to respect the judgment 
and expertise of our committees, particularly the intelligence 
committee. This is a committee that has done a very good job on a 
bipartisan basis to assure that we continue to protect our intelligence 
capabilities and to shield the companies necessary to gathering 
intelligence information from unfounded lawsuits.
  I hope my colleagues will vote for the bill the Intelligence 
Committee produced. Protecting the American people is our ultimate 
responsibility. This bill is absolutely essential for that 
responsibility to be implemented. We must protect the American people. 
We must protect the companies that have helped our law enforcement and 
intelligence-gathering agencies. We must make sure we proceed with a 
vision of foreign surveillance that would protect the American people 
from future attack.
  It is not an accident that we have not been attacked since 9/11. All 
of us know that our country was not prepared for this kind of warfare. 
But our country's eyes have been opened. We have been a sleeping giant 
in many ways, as was said about us before World War II. But we have now 
been awakened, and we are going to take the measures necessary within 
the framework of our Constitution, which this bill provides, to assure 
that we protect the American people from future attack.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senator from Idaho is recognized for 10 minutes as in morning business.


       Secure Rural Schools and Community Self-Determination Act

  Mr. CRAPO. I thank the Senator from Texas and my colleagues on both 
sides for allowing me this few minutes to have a break in the debate on 
the FISA bill to discuss a very important issue to the people of Idaho 
and, frankly, to the people in rural communities throughout the 
country. I rise to talk about the need to reauthorize the Secure Rural 
Schools and Communities Self-Determination Act of 2000 and to fully 
fund the payments in lieu of taxes, or the PILT payments, which we call 
them in Congress. I encourage my colleagues to make this overdue 
extension and funding a top priority for Congress in the coming days.
  This year marks the 100-year anniversary of the passage of the act 
requiring the U.S. Forest Service to return 25 percent of its gross 
receipts to the States to assist counties that are home to our national 
forests and other Federal lands with school and road services. This 
program was put into place to compensate local governments for the tax-
exempt status of national forests which we all enjoy. Otherwise, many 
rural communities that neighbor these beautiful national treasures are 
unable to fully meet the school and road needs of their communities.
  One hundred years ago, the impact of large Federal forest reserves on 
neighboring local economies was discussed and debated on the floor of 
the Senate, as former Idaho Senators Weldon B. Hayburn and William 
Edgar Borah joined their Senate colleagues in debating this issue which 
remains an issue today. However, the unfortunate reality of today is 
that in recent years, timber receipts have eroded to the point that the 
Federal obligation to our local communities is simply not being met. 
The receipts are not adequate for the needs of the communities and have 
been dropping off dramatically. Congress has acted in recognition of 
this to ensure that communities have the necessary assistance.
  In the year 2000, I joined with my colleagues, Senators Larry Craig, 
Ron Wyden, Gordon Smith of Oregon, and many others to support and 
secure enactment of the Secure Rural Schools and Communities Self-
Determination Act of 2000. This law provided the necessary assistance 
known as county payments to communities where regular Forest Service 
and Bureau of Land Management receipts-sharing payments had declined so 
significantly. The assistance has prevented the loss of essential 
school and road infrastructure needs in our local rural communities. 
The law also enabled very significant forest improvement projects.
  The best solutions to natural resource challenges are achieved 
through local collaboration, and the more than 70 Resource Advisory 
Committees--or RACs, as we call them--provided for in this law have 
created valuable partnerships in carrying out projects to address a 
wide variety of improvements on public lands. These projects include 
habitat and watershed restoration, reforestation, fuels reduction, road 
maintenance, campground and trail enhancements, and noxious weed 
eradication. At a time when increased public demands are being placed 
on our Nation's natural resources, the RACs have provided the necessary 
cooperation to help resolve natural resource challenges throughout 
these local rural communities.
  Additionally, payments in lieu of taxes, known as PILT payments, have 
augmented county payments to provide local governments with the means 
of offsetting a part of the tax revenues they lose because of the tax-
exempt

[[Page 1407]]

status of these Federal lands in their jurisdictions. PILT payments 
have supported community services such as firefighting and police 
protection in rural communities. Through PILT, the Federal Government 
partners with counties to provide public lands the stewardship and 
community services they need. Unfortunately, PILT funding is also not 
meeting this obligation, and we need to work together in Congress to 
achieve full and adequate PILT funding.
  I am proud of the largely bipartisan effort in the 110th Congress to 
extend the Secure Rural Schools and Community Self-Determination Act 
and to fully fund PILT. Progress has been made but more needs to be 
done to achieve the Federal Government's commitment to these 
communities.
  In March of 2007, the Senate overwhelmingly passed an amendment which 
I cosponsored to the fiscal year 2007 emergency supplemental 
appropriations act to reauthorize county payments for 5 years with 
offsets. However, this language was replaced with a 1-year extension, 
with the final payments made at the end of December 2007.
  In December last year, Senators McCaskill, Craig, Smith, Dole, 
Murkowski, Stevens, and Bennett joined me in urging the Senate 
leadership to attach a reauthorization of county payments and PILT 
funding to any legislative vehicles expected to be enacted before 
Congress concluded its work last year. Unfortunately, the 
reauthorization was attached only to the energy package which also 
would have increased taxes on domestic oil and gas producers to pay for 
incentives for renewable power, energy efficiency, electric vehicles, 
and other technologies.
  I support incentives for alternative energy resources and the 
extension of county payments, but I am opposed to paying for those 
incentives by increasing taxes on our domestic oil and gas production. 
We are facing real and increasing constraints on our energy supply, 
resulting in higher energy costs daily. We simply cannot meet those 
needs by decreasing conventional energy production in the United 
States, which would further our dependency on foreign energy supplies 
and dramatically increase the cost for gasoline and electricity. This 
would negatively impact communities across the Nation, not just the 
rural communities we are seeking to help.
  We need to again turn our attention to focusing on the 
reauthorization of the Secure Rural Schools legislation and increasing 
and achieving full and adequate PILT funding. It is unfortunate that 
the county payments extension was dropped from the enacted Energy bill 
and was not included in other legislative vehicles before the end of 
last year. However, today is another day. As we embark on the second 
session of this Congress, we have every opportunity to work together to 
extend and fund county payments and fully pay for PILT payments for 
students in rural areas. We must do this to prevent the closure of 
numerous isolated schools and to enable rural county road districts to 
address severe maintenance backlogs.
  Time is of the essence for many rural communities across the Nation, 
and this important legislation impacts millions of students and their 
families in more than 4,000 school districts and more than 7,000 
counties. I am hearing from Idaho communities that, absent an 
extension, personnel layoffs as a result of program closures are 
expected soon. Communities in more than 40 States are facing similar 
pressures.
  Just as the economic impact of Federal land ownership on neighboring 
rural communities has not been worn away by time, neither has this 
Nation's responsibility to the States worn away. It is my hope that 
others will join me in working to meet this Federal responsibility by 
reauthorizing the Secure Rural Schools Act and providing the full 
funding for PILT. This must be achieved in a timely manner that 
prevents the cutoff of needed services in rural communities nationwide 
and provides some long-term certainty to those rural communities.
  Mr. President, I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from West Virginia.
  Mr. ROCKEFELLER. Mr. President, I ask that I be given unanimous 
consent to speak on the underlying bill.
  The ACTING PRESIDENT pro tempore. Without objection, the Senator is 
recognized.
  Mr. ROCKEFELLER. Mr. President, I say to the Presiding Officer that 
far and away the most contentious issue in this FISA debate is whether 
private companies that assisted the Government in implementing the 
President's warrantless surveillance program should be provided 
liability protection.
  Three amendments will be offered that relate directly to this issue.
  First, Senators Dodd and Feingold have an amendment that would strike 
all of title II of the underlying bill--that is, S. 2248--on liability 
protection as reported by the Intelligence Committee.
  Second, Senator Specter will offer an amendment--I think at 3:30--
that provides for a different remedy; namely, the substitution of the 
U.S. Government itself for the carriers in the lawsuits that have been 
filed against the carriers.
  Third, Senator Feinstein has prepared an amendment that would keep 
the basic structure of title II--to wit, liability immunity--but would 
have the courts, rather than the Congress, determine whether carriers 
relied in good faith on the representation made to them by the 
executive branch of our National Government.
  I will address the particulars of each amendment as it is offered, 
but first I would like to describe the background behind the 
Intelligence Committee's approach to this whole issue of immunity.
  Critics have suggested that providing liability protection for 
telecommunications companies is akin to congressional endorsement of 
the President's warrantless surveillance program. I understand the 
passion stirred by this issue. Rather than consulting with Congress or 
the courts, the President created a secret surveillance program--no 
question about that--based on very dubious legal reasoning. That was 
unnecessary, that was unwise, that would, therefore, cause passions and 
suspicions.
  But anger over the President's program should not prevent us as a 
deliberative body from addressing the real problems the President has 
created. Because of the lawsuits over the program and the damage to the 
telecommunications companies' reputations, companies that were once 
willing to help the Government, based on assurances of legality from 
the highest levels of Government, may now be questioning that 
assistance.
  Let's reflect on that for a moment. These are corporations. They have 
no names at the present time. They have to make money. The Government 
comes to them, as they have in the past on much smaller matters, and 
with the authority of the President saying, this is in the national 
interest; with the legal advice of the Attorney General saying, this is 
legal; and then the Director of the National Security Agency sending 
out letters that say, we require you, we compel you, we request to 
you--or other words--that you cooperate with us.
  People say: Well, they cooperated. Of course they cooperated right 
after 9/11. I think anybody who is in the intelligence business 
understands what I am saying. There is no difference between the day 
after 9/11 and this day in terms of the threat to our country or those 
who are planning, plotting to do us harm.
  The fact that no attacks have happened does not excuse the sense of 
relaxation on the whole subject--perhaps the congressional sense of 
relaxation on the whole subject. We need to continue this intelligence 
collection.
  What is it, I am wondering, that the telecommunications companies get 
from this? What prestige? What large amount of money? What praise? What 
do they get from this? Do they get good public relations? No. They get 
40 lawsuits, most of which are not based on anything to do with the TSP 
program. In other words, they are picked out of newspapers. People are 
dissatisfied, and class action suits arise.
  So maybe they have been sued $10 billion. Maybe they have been sued 
$40

[[Page 1408]]

billion. We will not speculate on that at the present time. But in that 
they are corporations and in that they have no reward at all for doing 
this service for their country--which we call patriotism, and then cast 
that aside because that must mask some evil intent--they go ahead and 
they do it. Then, since they are corporations, their shareholders get 
extremely unhappy about it, which could be happening at the present 
time, and then they decide that maybe they will be less willing to do 
this. Several have done that. Several at the beginning did that.
  Now, corporations are in business also to make a profit. The 
corporations that are involved in this are doing nothing but losing 
prestige, losing reputation, have angry shareholders. And I ask myself, 
what is it they get out of doing this, because people, particularly on 
my side of the aisle, are sometimes inclined to be suspicious of 
corporations, that they have some kind of a purpose behind all of this. 
Nothing could be further from the truth. They are losing. They are 
being criticized. They are being sued. It is costly. It takes away from 
their energy to carry out their other missions. It is not a situation 
in which a whole bunch of people are sitting around in these corporate 
headquarters discussing this, because only a very few people are 
allowed to know, and they have criminal sanctions against them if they 
tell anybody, should they have received any of these instructions from 
the Government.
  So we are not talking about people here trying to undo the safety of 
the United States or to gain some kind of advantage for themselves. If 
this intelligence collection stops, I say to the Presiding Officer, we 
will be in a very sorry situation. I do not know how to say that more 
sincerely, more deeply felt, more based upon exhaustive study, 
including numerous meetings in committee with these folks and other 
meetings outside.
  So they have been told it is legal, and by the National Security 
Agency Director they have been required, compelled, and in other words, 
some of which are quite strong, to do it. So they do start to do it, 
and they are paying one heck of a price for it.
  What price are we paying? We are paying no price because they are 
still doing it. What price might we pay should they stop--because they 
are corporations, and they are responsible to their shareholders--if 
they should stop this type of activity? The price we would pay would be 
overwhelming. Without the cooperation and assistance of private 
companies--not compliance forced by a court but true cooperation--this 
country's law enforcement and intelligence agencies cannot obtain the 
information they need to protect this country. It is a fairly heavy 
statement to make. I chair the committee. I am not naive on these 
matters. I make that statement again. Without the cooperation and 
assistance of private companies, this country's law enforcement and 
intelligence agencies cannot obtain the information they need to 
protect this country.
  Making the question of liability protection a proxy for disagreement 
with the President's program is, therefore, shortsighted, in this 
Senator's view, ignoring the reality that the Nation and future 
Presidents will depend on the assistance of these same companies for 
years to come.
  In analyzing the question of liability protection, the Intelligence 
Committee sought to weigh these very real concerns about future 
intelligence collection against the possible outcome of lawsuits. We 
discussed it at length. Understanding this issue requires some 
background on the lawsuits that have been filed.
  Currently, providers are subject to approximately, as I indicated, 40 
civil lawsuits, some of which are class actions, which seek billions of 
dollars of damages--and I have given you a range--for privacy 
violations based on the companies' alleged provision of assistance and 
information to the intelligence community. The suits are based--many of 
them--on media reports about all sorts of intelligence activities. Many 
of them are not limited to the warrantless surveillance program 
disclosed by the President. That is ironic, but it is a heavy burden 
for the companies. If suits are brought that have nothing to do with 
the warrantless surveillance program disclosed by the President, they 
are out of order. But, as I will proceed to explain, the companies can 
never explain to a court that they are out of order. Although these 
suits involve different types of legal claims that are in varying 
stages of litigation, they share a common reality: that the Government 
has refused to publicly reveal the classified documents and information 
that would allow them to proceed.
  The current fight in the courts is, therefore, not about whether 
damages should be awarded, whether the underlying program is legal or 
even whether any company participated in the President's program in 
good faith. Instead, the parties are fighting about access to 
classified information about the President's program. I have not heard 
that much discussed in this Chamber. This litigation could continue for 
years without a court ever addressing the underlying issues about the 
legality of the program. We seek wrongdoing whether, as some say, it is 
in the corporate boardroom or, as others would say--as I would say--in 
the halls of Government.
  I stress the point: No court is likely to resolve the question of 
whether the President or any private company violated the law in the 
near future.
  Some of my colleagues have argued that without these lawsuits, the 
public will never learn the details about the President's program. But 
litigation is highly unlikely to tell the story of what happened with 
the President's program. Too many of these facts dealing with 
intelligence sources and methods remain appropriately classified, and 
the executive branch is highly unlikely to agree to declassify 
additional information if it could affect the ongoing litigation.
  Thus, the litigation is unlikely to result in a ruling in the near 
future about the legality of the conduct of the President nor any 
private company, nor, for that matter, the public disclosure of any 
additional information about the President's program. Instead, it is 
possible the cases, as I indicated, will continue for years as the 
courts debate whether information must be disclosed.
  In the meantime, however, as I mentioned, the litigation poses a 
serious risk to U.S. intelligence collection. That is my job and that 
is the job of the committee I chair and the job of the chairman of the 
Intelligence Committee in the House. We are not about being courts, we 
are about trying to balance civil liberties as best as we can with the 
ability of this country to collect an entirely different kind of 
intelligence that we were so busy doing recently in the Cold War era. 
Without the assistance of telecommunications providers, our 
intelligence community simply cannot obtain the intelligence it needs.
  Is that a serious statement? Do Members of the Senate concern 
themselves with that? Is this just me, this Senator, standing up making 
a statement trying to win some votes? Or is there the possibility it 
could be true? If there is a possibility--and I think it is a 
probability it is true--then I don't understand why people can be 
confused on this subject because I think the choices are clear. 
Allowing companies to be dragged through the court system because of 
their alleged cooperation with the Government encourages them not to 
cooperate with any request, even those that are clearly legal without 
court compulsion. It also sends a message to all private companies: 
cooperate with the U.S. Government at your peril. Is that a bit of an 
overstatement? In the corporate boardrooms around this country, my 
guess is that is the discussion. Very few corporations have the 
capacity to help the Government in the way telecommunications companies 
do.
  Discouraging private sector cooperation with the Federal Government 
is not, in the feeling of this Senator, the right long-term result for 
either the intelligence community or the American people.

[[Page 1409]]

  Many have argued that providers who act unlawfully should be held 
accountable. I totally agree that all Americans, including corporate 
citizens, must follow the law and be held accountable for their 
failures. Companies that deliberately seek to evade privacy laws or 
legal restrictions on electronic surveillance can and should be subject 
to civil suit, but that is not the issue here, I would say to the 
Presiding Officer. That is not the issue.
  The Intelligence Committee spent a lot of time, as I have indicated, 
this year looking into what happened over the past 6 years. Before 
deciding to provide liability protection for the companies, the 
Intelligence Committee heard testimony from relevant witnesses and 
carefully reviewed the written communications provided to participants 
in the program.
  Participants were sent letters, all of which stated the relevant 
activities had been authorized by the President and all but one--and 
that was done by the legal counsel to the President--of which stated 
the activities had been determined to be lawful by the Attorney General 
of the United States. Shouldn't private companies be entitled to rely 
on the written representations of the highest levels of Government 
officials that their cooperation is necessary and has been determined 
to be lawful? Can you argue that if they get those notifications from 
the NSA Director and it has been approved by the Attorney General and 
has been declared essential for the national interest by the President, 
should they instead say: Oh, well, we don't care about that. That is 
not our business. We are not going to do that.
  And isn't it reasonable to assume that a U.S. citizen who has been 
told the Attorney General has found their cooperation to be lawful is 
acting in good faith? If they have been through this process and they 
proceed to act on it, why is it so easy to stipulate they are not 
acting in good faith? How does one show that? How does one imagine 
that?
  I have been through this, this whole question of what the companies 
get from it, and it is the thing that bothers me so much. They get 
nothing but grief. They get suits. They get costs. They get a 
diminished reputation. They begin to pull away. Their shareholders lose 
confidence. Do they get money? No. They get nothing. So why would they 
want to continue to cooperate would be my question.
  The answer to these questions are at the heart of the Intelligence 
Committee's determination that it is essential that Congress protect 
private companies that assisted the Government after the terrorist acts 
of 9/11.
  Mr. President, I will complete this part of my presentation and yield 
the floor. I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that at 3:05 
p.m. today the Senate return to the Cardin amendment No. 3930, with the 
time from 3:05 until 3:15 equally divided and controlled in the usual 
form; that the Senate then proceed to vote in relation to the 
amendment, with other provisions of the previous order remaining in 
effect.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Mr. BOND. No.
  Mrs. FEINSTEIN. Mr. President, reserving the right to object, I wish 
to secure the ability, following this vote, to call up one of my 
amendments, if I might. My understanding is that maybe I can do it now.
  Mr. ROCKEFELLER. This is a total of 10 minutes or less amendment, but 
we will not start until 3:05. The Senator can call it up.
  Mrs. FEINSTEIN. All right.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Without objection, it is so ordered.
  The Senator from California is recognized.


                Amendment No. 3910 to Amendment No. 3911

  Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that the 
present amendment be set aside in order for me to call up amendment No. 
3910 on FISA exclusivity.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from California [Mrs. Feinstein], for herself, 
     Mr. Rockefeller, Mr. Leahy, Mr. Nelson of Florida, Mr. 
     Whitehouse, Mr. Wyden, Mr. Hagel, Mr. Menendez, Ms. Snowe, 
     and Mr. Specter, proposes an amendment numbered 3910.

  Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

   (Purpose: To provide a statement of the exclusive means by which 
electronic surveillance and interception of certain communications may 
                             be conducted)

       Strike section 102, and insert the following:

     SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC 
                   SURVEILLANCE AND INTERCEPTION OF CERTAIN 
                   COMMUNICATIONS MAY BE CONDUCTED.

       (a) Statement of Exclusive Means.--Title I of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.) is amended by adding at the end the following new 
     section:


  ``STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC SURVEILLANCE AND 
        INTERCEPTION OF CERTAIN COMMUNICATIONS MAY BE CONDUCTED

       ``Sec. 112.  (a) Except as provided in subsection (b), the 
     procedures of chapters 119, 121 and 206 of title 18, United 
     States Code, and this Act shall be the exclusive means by 
     which electronic surveillance (as defined in section 101(f), 
     regardless of the limitation of section 701) and the 
     interception of domestic wire, oral, or electronic 
     communications may be conducted.
       ``(b) Only an express statutory authorization for 
     electronic surveillance or the interception of domestic wire, 
     oral, or electronic communications, other than as an 
     amendment to this Act or chapters 119, 121, or 206 of title 
     18, United States Code, shall constitute an additional 
     exclusive means for the purpose of subsection (a).''.
       (b) Offense.--Section 109 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1809) is amended--
       (1) in subsection (a), by striking ``authorized by 
     statute'' each place it appears in such section and inserting 
     ``authorized by this Act, chapter 119, 121, or 206 of title 
     18, United States Code, or any express statutory 
     authorization that is an additional exclusive means for 
     conducting electronic surveillance under section 112.''; and
       (2) by adding at the end the following:
       ``(e) Definition.--For the purpose of this section, the 
     term `electronic surveillance' means electronic surveillance 
     as defined in section 101(f) of this Act regardless of the 
     limitation of section 701 of this Act.''.
       (c) Conforming Amendments.--
       (1) Title 18, united states code.--Section 2511(2) of title 
     18, United States Code, is amended--
       (A) in paragraph (a), by adding at the end the following:
       ``(iii) If a certification under subparagraph (ii)(B) for 
     assistance to obtain foreign intelligence information is 
     based on statutory authority, the certification shall 
     identify the specific statutory provision, and shall certify 
     that the statutory requirements have been met.''; and
       (B) in paragraph (f), by striking ``, as defined in section 
     101 of such Act,'' and inserting ``(as defined in section 
     101(f) of such Act regardless of the limitation of section 
     701 of such Act)''.
       (2) Table of contents.--The table of contents in the first 
     section of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1801 et seq.) is amended by adding after the item 
     relating to section 111, the following:

``Sec. 112. Statement of exclusive means by which electronic 
              surveillance and interception of certain communications 
              may be conducted.''.

  Mrs. FEINSTEIN. Mr. President, I voted for this FISA legislation in 
the Intelligence Committee. I indicated then that I had some concerns 
about it. I filed additional views with respect to the need for 
stronger exclusivity provisions. Then the Judiciary Committee reported 
out a bill that included its view with respect to strengthening the 
fact that the Foreign Intelligence Surveillance Act would be the 
exclusive manner in which electronic surveillance against Americans 
could be conducted.

[[Page 1410]]

  The Judiciary bill subsequently failed on the floor of the Senate. 
The amendment I have at the desk is essentially the exclusivity 
language from that Judiciary Committee amendment. It has several 
cosponsors: the chairman of the Intelligence Committee, Mr. 
Rockefeller; chairman of the Judiciary Committee, Mr. Leahy; Senator 
Nelson of Florida; Senator Whitehouse; Senator Wyden; Senator Hagel; 
Senator Menendez; Senator Snowe; and Senator Specter.
  As filed this is an amendment that only covers exclusivity. In the 
interim period, the vice chairman of the Intelligence Committee 
approached me about the possibility of a modification of the amendment 
that would allow the administration to be able to operate outside of 
FISA for a time.
  We have not been able to come to terms on that amendment. I could not 
agree to the length of time that Mr. Bond proposed, which was 45 days 
plus an additional 45 days, for a total of 3 months, enabling the 
administration to operate without a FISA warrant.
  The fact is, since January of 2007, the entire Terrorist Surveillance 
Program has operated within the confines of the Foreign Intelligence 
Surveillance Act and under orders from the Foreign Intelligence 
Surveillance Court. That is, I believe, as it should be.
  I have a modification to my exclusivity amendment that would limit 
the period of time outside of FISA following a declaration of war, an 
authorization for the use of military force, or a major attack against 
the nation to 30 days. The question is whether I would have unanimous 
consent from the vice chairman to be able to call up that modification 
of my amendment. But that has not been given to me yet.
  So at this time, I am going to rest my case on the exclusivity 
amendment, and I will have an opportunity, I hope, to argue it later.
  I would now like to call up my amendment, No. 3919.
  The PRESIDING OFFICER (Mr. Sanders). Amendment No. 3910 is pending.


                Amendment No. 3919 to Amendment No. 3911

  Mrs. FEINSTEIN. Mr. President, I wish to make another amendment 
pending, so I ask unanimous consent to set aside the pending amendment 
and call up amendment No. 3919. This is the FISA Court review of 
immunity amendment. This is my second amendment which is part of the 
unanimous consent agreement. I do this just to get it before the body.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The bill clerk read as follows:

       The Senator from California [Mrs. Feinstein], for herself, 
     Mr. Nelson of Florida, and Mr. Cardin, proposes an amendment 
     numbered 3919 to amendment No. 3911.

  The amendment is as follows:

 (Purpose: To provide for the review of certifications by the Foreign 
                    Intelligence Surveillance Court)

       On page 72, strike line 13 and all that follows through 
     page 73, line 25, and insert the following:
       (6) Foreign intelligence surveillance court.--The term 
     ``Foreign Intelligence Surveillance Court'' means the court 
     established under section 103(a) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1803(a)).
       (7) Foreign intelligence surveillance court of review.--The 
     term ``Foreign Intelligence Surveillance Court of Review'' 
     means the court of review established under section 103(b) of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1803(b)).

     SEC. 202. LIMITATIONS ON CIVIL ACTIONS FOR ELECTRONIC 
                   COMMUNICATION SERVICE PROVIDERS.

       (a) Limitations.--
       (1) In general.--Notwithstanding any other provision of 
     law, and subject to paragraph (3), a covered civil action 
     shall not lie or be maintained in a Federal or State court, 
     and shall be promptly dismissed, if the Attorney General 
     certifies to the court that--
       (A) the assistance alleged to have been provided by the 
     electronic communication service provider was--
       (i) in connection with an intelligence activity involving 
     communications that was--

       (I) authorized by the President during the period beginning 
     on September 11, 2001, and ending on January 17, 2007; and
       (II) designed to detect or prevent a terrorist attack, or 
     activities in preparation for a terrorist attack, against the 
     United States; and

       (ii) described in a written request or directive from the 
     Attorney General or the head of an element of the 
     intelligence community (or the deputy of such person) to the 
     electronic communication service provider indicating that the 
     activity was--

       (I) authorized by the President; and
       (II) determined to be lawful; or

       (B) the electronic communication service provider did not 
     provide the alleged assistance.
       (2) Submission of certification.--If the Attorney General 
     submits a certification under paragraph (1), the court to 
     which that certification is submitted shall--
       (A) immediately transfer the matter to the Foreign 
     Intelligence Surveillance Court for a determination regarding 
     the questions described in paragraph (3)(A); and
       (B) stay further proceedings in the relevant litigation, 
     pending the determination of the Foreign Intelligence 
     Surveillance Court.
       (3) Determination.--
       (A) In general.--The dismissal of a covered civil action 
     under paragraph (1) shall proceed only if, after review, the 
     Foreign Intelligence Surveillance Court determines that--
       (i) the written request or directive from the Attorney 
     General or the head of an element of the intelligence 
     community (or the deputy of such person) to the electronic 
     communication service provider under paragraph (1)(A)(ii) 
     complied with section 2511(2)(a)(ii) of title 18, United 
     States Code, and the assistance alleged to have been provided 
     was provided in accordance with the terms of that written 
     request or directive;
       (ii) subject to subparagraph (C), the assistance alleged to 
     have been provided was undertaken based on the good faith 
     reliance of the electronic communication service provider on 
     the written request or directive under paragraph (1)(A)(ii), 
     such that the electronic communication service provider had 
     an objectively reasonable belief under the circumstances that 
     compliance with the written request or directive was lawful; 
     or
       (iii) the electronic communication service provider did not 
     provide the alleged assistance.
       (B) Procedures.--
       (i) In general.--In reviewing certifications and making 
     determinations under subparagraph (A), the Foreign 
     Intelligence Surveillance Court shall--

       (I) review and make any such determination en banc; and
       (II) permit any plaintiff and any defendant in the 
     applicable covered civil action to appear before the Foreign 
     Intelligence Surveillance Court pursuant to section 103 of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1803).

       (ii) Appeal to foreign intelligence surveillance court of 
     review.--A party to a proceeding described in clause (i) may 
     appeal a determination under subparagraph (A) to the Foreign 
     Intelligence Surveillance Court of Review, which shall have 
     jurisdiction to review such determination.
       (iii) Certiorari to the supreme court.--A party to an 
     appeal under clause (ii) may file a petition for a writ of 
     certiorari for review of a decision of the Foreign 
     Intelligence Surveillance Court of Review issued under that 
     clause. The record for such review shall be transmitted under 
     seal to the Supreme Court of the United States, which shall 
     have jurisdiction to review such decision.
       (iv) State secrets.--The state secrets privilege shall not 
     apply in any proceeding under this paragraph.
       (C) Scope of good faith limitation.--The limitation on 
     covered civil actions based on good faith reliance under 
     subparagraph (A)(ii) shall only apply in a civil action 
     relating to alleged assistance provided on or before January 
     17, 2007.

  Mrs. FEINSTEIN. I ask that the amendment be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Maryland.


                           Amendment No. 3930

  Mr. CARDIN. Mr. President, shortly we will be voting on the amendment 
I offered that provides for a 4-year sunset in the Foreign Intelligence 
Surveillance Act.
  I thank first Senator Rockefeller for his help, Senator Leahy, 
Senator Mikulski, Senator Kennedy, and others who have been 
instrumental in making sure that we have provisions in this bill so 
that we continue our congressional oversight.
  This amendment is not unusual. Every major change in the FISA law has 
been accompanied by a sunset. When we passed the PATRIOT Act, we had a 
4-year sunset on most of the provisions. When we revised it, we had a 
3-year sunset on the most controversial provisions. When we passed the 
Protect America Act, we had a very short sunset on it because we were 
not certain we were getting it right.
  This change is controversial. If my colleagues think it is not 
controversial, look at all the debate that has taken place on the floor 
of this body. We want to make sure that we get it right.

[[Page 1411]]

  It is interesting that as we get close to the time when Congress has 
to act, we seem to get a lot more cooperation from the executive branch 
of Government. The sunset will ensure that we get the type of 
cooperation we need to carry out our responsibilities, to get the 
documents we need to make sure we get it right.
  As I pointed out, technology is changing quickly. I think a 4-year 
period is reasonable for us to take a fresh look at this issue.
  This is not a question of whether we should have a sunset in the 
bill. There is a 6-year sunset in the bill. So why is it so important 
to have a 4-year sunset versus a 6-year sunset? The answer, quite 
frankly, is we want the next administration that is going to take 
office in January to focus on this issue and work with us so they can 
operate collectively with the authority of Congress and the laws we 
pass in the executive branch. It is important that the next 
administration focus on this issue, and that is why this amendment is 
particularly important.
  My friend from Missouri pointed out that this is an election year. 
No, it is not. The sunset provision would terminate in December of 
2011, so it is a year before the elections. I think it is the right 
time for a sunset.
  I know the administration does not want any sunset in this bill. I 
understand that. As I pointed out before, they don't want any 
congressional oversight. They don't even think they need congressional 
laws on this subject. They don't even think they need a Congress. But 
we have our responsibility, and I hope we would want this issue 
revisited during the next administration. I urge my colleagues to 
support the amendment.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. The Senator from Missouri.
  Mr. BOND. Mr. President, we have discussed this issue before on the 
floor. I urge my colleagues to vote against this amendment. As I have 
stated previously, the current bill, the Protect America Act, had a 6-
month sunset on it only because we were not able to bring a full, 
complete FISA modernization bill to the floor, given the failure of 
Congress to act. We had been requested in April, May, June, and July to 
change the law. This is a bill that should establish a permanent 
operating authority for the intelligence community and the private 
partners who work with it.
  As part of the compromise we reached in passing the bill, I did not 
believe we should have a sunset, but we agreed on a 6-year sunset. That 
was part of the deal. The 6-year sunset at least gives us certainty 
over the 6 years in time, that both the intelligence agencies, our 
private partners, and our allies abroad who depend upon us would have 
time to make this system work.
  The problem we face is that any sunset withholds from our 
intelligence professionals and the private partners the certainty and 
the permanence they need to protect Americans from terrorism and other 
threats to national security.
  Attorney General Mukasey has said there are no fatwahs with 
limitations by the terrorist leaders who seek to do us harm. They put 
out orders to keep trying to kill us, and these are not going to go 
away. There should be no sunset on this bill.
  I disagree very strongly with my friend from Maryland that Congress 
is an important part of this. We passed a good bill that adds far more 
protections than Americans have ever had in intelligence collection. 
This bill is a good bill, but I can assure him that we have a strong 
bipartisan committee and a strong staff that will continue to oversee, 
supervise, and watch the surveillance to make sure it works. If we find 
it does not work, we should not wait for a 4-year sunset or a 6-year 
sunset. We should make those changes when they are needed.
  We can see how long we have had to fight to get this authorization 
through. There was no action from the majority from April, May or June, 
until the very end of July. We put this bill out on the floor in 
October. We could not get the bill up in December because of 
filibusters. We had to get another 15-day extension so it would not 
expire.
  We can act on the bill any time we need, but we cannot deprive our 
partners, our intelligence community, and our allies the protection if 
Congress cannot work.
  I yield time to the distinguished chairman of the committee.
  Mr. ROCKEFELLER. I say to the Presiding Officer, I find myself in 
disagreement with my vice chairman. I originally wanted 4 years and we 
went to 6 years because of accommodations that yielded other results. 
In the wisdom of the joint Intelligence Committee and Judiciary 
Committee, settling on 4 years makes a lot of sense. I urge the 
adoption of the amendment.
  Mr. KENNEDY. Mr. President, the amendment that Senator Cardin has 
offered is very simple, but it is absolutely critical to this bill. The 
amendment would move up the bill's sunset date from 6 years to 4 years. 
Congress would need to revisit the law by the end of 2011 instead of 
2013.
  The amendment is good public policy. Whenever a significant new law 
is enacted, it is important to require Congress to revisit it at an 
earlier rather than a later date.
  The FISA bill we are considering is highly complicated legislation 
affecting Americans' security and liberty. It grants the executive 
branch vast new authority for electronic surveillance at a time of 
rapidly changing technology and rapidly changing threats. Even the 
country's leading national security experts cannot say for sure what 
our national security challenges will look like in 3 years, much less 
how this legislation will work out in practice.
  This is also highly controversial legislation. I don't need to remind 
anyone in this Chamber of the intense debate that has been taking place 
over many parts of this bill. The FISA rules on electronic surveillance 
affect every American. They are the only thing that stands between the 
freedom of Americans to make a private phone call, send a private e-
mail, or search the Internet, and the ability of the Government to 
listen in on the call, read the e-mail, and review the Internet search.
  In this information age, FISA gives Americans basic protection 
against Government tyranny and abuse, and we owe it to the American 
people to revisit it promptly to make sure its protections are 
effective.
  Congress also needs an earlier sunset because we need more 
information to assess how these new policies will work in practice. The 
ongoing confusion and controversy in this area mean that Congress does 
not have enough knowledge or confidence to be sure the legislation is 
adequate.
  With an early sunset, Congress will have to make an early assessment 
of how the legislation is being interpreted and implemented. We will be 
able to identify problems and abuses much sooner. If changes are made 
to the law in 2011, it will be because experience has shown that 
changes are needed.
  We passed this exact same amendment in the Judiciary Committee in the 
middle of November, and in the weeks since then, I have heard only two 
arguments against it, both from the White House. Neither of them holds 
up.
  The first objection is that there has already been sufficient 
consideration of these issues, so that Congress should be able to pass 
a permanent FISA reform right now. Everyone agrees that short sunsets 
are valuable when Congress has not had time to consider an issue 
thoroughly and develop a factual record. But the Bush administration 
claims there has already been a detailed and informed discussion of 
FISA modernization.
  That objection is wrong on the facts. The administration has recently 
started to work with Congress more openly, but there is still a great 
deal we don't know about how it has been conducting its electronic 
surveillance. Much of what we have learned has come from leaks to the 
press.
  A few months ago, the White House decided to share with the Senate 
certain documents on the role of the telecommunications companies in an 
effort to obtain retroactive immunity for them. This was the first time 
the administration had ever shown Congress

[[Page 1412]]

any documents on its warrantless surveillance. So far, however, the 
White House has shared only a small number of documents with a small 
number of Senators--and until late last month, not with any Members of 
the House of Representatives. Such selective disclosure is a pale 
shadow of the real disclosure Congress needs to enact good legislation.
  That objection is also wrong as a matter of policy. No matter how 
much discussion there may have been, this is highly complicated 
legislation that makes major, untested changes in our surveillance 
laws. It is impossible for Congress to analyze these issues in the 
abstract, without any track record to evaluate. With a law as complex, 
new, and important as this, a short sunset is responsible policy.
  The second objection I have heard is that a short sunset introduces 
too much uncertainty to the rules affecting our intelligence 
professionals. The administration says it is not efficient for agencies 
to develop new policies and procedures, only to have the law change 
within a brief period. They say the intelligence community operates 
more effectively when the rules governing intelligence professionals 
are well-established, and are not in doubt.
  This objection is more serious, but it too dissolves upon 
consideration. It is true that there may be a little extra uncertainty 
that comes with a short sunset. But the much more significant 
uncertainty is whether all of the changes made by this bill will be 
good for the country--and there is no way to be sure about this ahead 
of time.
  Intelligence professionals should not be locked into a surveillance 
system that doesn't work well for them, and Americans should not be 
locked into a system that fails to protect their security or their 
rights. The early sunset guarantees that Congress will review these 
extremely complicated, untested, and powerful new authorities and how 
they are actually being used by the executive branch.
  The administration's argument against a sunset is an argument against 
congressional oversight of FISA. The White House wants Congress to pass 
a new FISA law, and then to look the other way while the executive 
branch implements and interprets its new powers. They want Congress to 
trust them when they tell us how the law is working, rather than look 
into it ourselves.
  Given this administration's track record of warrantless illegal 
spying, ``trust us'' is not an acceptable way to proceed. Congress 
needs to stay on top of this issue to make sure that our surveillance 
laws are keeping Americans safe and protecting their freedom. That is 
what we have been elected to do, and that is what the Constitution 
requires us to do.
  As I said at the start, this amendment is very simple. It moves the 
sunset date up by 2 years. Yet it may well be the single most important 
thing Congress can do to ensure that we reform FISA in a responsible 
and effective way.
  This sunset amendment is a win-win for national security and civil 
liberties. It will ensure that Congress remains engaged on the crucial 
issues of electronic surveillance that affect all Americans. To make 
sure that our new FISA law actually gets the job done, I urge my 
colleagues to adopt this amendment.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. CARDIN. Mr. President, let me briefly summarize the comments 
Senator Bond made. It is true that the terrorist groups do not have any 
types of restrictions on what they can do. They do not have any 
legislature. They do not have any courts. They do not have any 
constitution. They have no respect for human life. They have no civil 
liberties with which they have to deal. But that is what makes this 
Nation the great nation it is. It is our responsibility to make sure 
that we carry out what the people of our Nation expect us to do.
  Let me point out that the PATRIOT Act, when it was passed, had a 4-
year sunset. Then we reauthorized some of the provisions, but we kept a 
3-year sunset. We have used sunsets that have been shorter, and on 
controversial laws, a 4-year sunset is the minimum we should have.
  I urge my colleagues to understand that it is important that the next 
administration work with us so we never get back to where we are this 
year, where the executive branch is heading in one direction and we 
don't know what they are doing. Let's work together so we can keep 
Americans safe, having the administration work with us next year so we 
understand what they are doing, they have our support and, if 
necessary, we modify the laws to give them the tools they need to keep 
America safe.
  I urge my colleagues to support the amendment.
  Mr. BOND. Mr. President, how much time do I have remaining?
  The PRESIDING OFFICER. There is 1 minute 10 seconds remaining.
  Mr. BOND. Mr. President, this is a great nation because we have kept 
our country safe. We have kept our country safe, and we are working 
very closely with the intelligence community. That is why we have a 
good bill. The intelligence community says we must have the certainty 
at least of 6 years. I wanted to see none. That is why we came to an 
agreement in the Intelligence Committee and a 13-to-2 vote said we 
should have this bill with a 6-year sunset.
  We have a solid bipartisan product addressing civil liberties 
concerns, while making sure the intelligence community has the tools 
and authorities it needs to keep us safe.
  As I said, this was an important part of our compromise to get the 
bill through. Our intelligence collectors and troops on the battlefield 
need certainty, not rules that will expire in 4 years. That is why both 
the Director of National Intelligence and the Attorney General strongly 
oppose shortening the 6-year sunset in the bill.
  I urge my colleagues to join me in opposing this amendment.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. CARDIN. Mr. President, quickly, in closing, I thank the chairman 
of the Intelligence Committee for his support of this amendment. This 
amendment does nothing to jeopardize the bipartisan work of the 
Intelligence Committee. It preserves the appropriate role of the 
legislative branch of Government, and I would hope all my colleagues 
would want to support that change to make it clear that the next 
administration must come back to Congress.
  With that, Mr. President, I yield back the remainder of my time, and 
I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second.
  Mr. BOND. Mr. President, there is a 60-vote agreement on this.
  The PRESIDING OFFICER. That is correct.
  The question is on agreeing to amendment No. 3930. The clerk will 
call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton) 
and the Senator from Connecticut (Mr.  Lieberman) are necessarily 
absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from North Carolina (Mr. Burr), the Senator from South Carolina (Mr. 
Graham), and the Senator from Arizona (Mr. McCain).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 49, nays 46, as follows:

                       [Rollcall Vote No. 7 Leg.]

                                YEAS--49

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Brown
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Conrad
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Harkin
     Inouye
     Johnson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     McCaskill
     Menendez
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Sanders
     Schumer
     Stabenow
     Tester
     Webb
     Whitehouse
     Wyden

[[Page 1413]]



                                NAYS--46

     Alexander
     Allard
     Barrasso
     Bennett
     Bond
     Brownback
     Bunning
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dole
     Domenici
     Ensign
     Enzi
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Isakson
     Kyl
     Lugar
     Martinez
     McConnell
     Murkowski
     Roberts
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Thune
     Vitter
     Voinovich
     Warner
     Wicker

                             NOT VOTING--5

     Burr
     Clinton
     Graham
     Lieberman
     McCain
  The PRESIDING OFFICER. Under the previous order requiring 60 votes 
for the adoption of this amendment, the amendment is withdrawn.
  The majority leader is recognized.
  Mr. REID. Mr. President, I move to reconsider the vote and table that 
motion.
  The motion to table was agreed to.


           Congratulating Senator Inouye on His 15,000th Vote

  Mr. REID. Mr. President, 2LT Daniel K. Inouye distinguished himself 
by extraordinary heroism in action on April 21, 1945, in the vicinity 
of San Terenzo, Italy.
  While attacking a defended ridge guarding an important road junction, 
Second Lieutenant Inouye skillfully directed his platoon through a hail 
of automatic weapons and small arms fire in a swift and enveloping 
movement that resulted in the capture of an artillery and mortar post 
and brought his men to within 40 yards of the hostile force.
  Emplaced in bunkers and rock formations, the enemy halted the advance 
with crossfire from three machine guns. With complete disregard for his 
personal safety, Lieutenant Inouye crawled up the treacherous slope to 
within 5 yards of the nearest machine gun and hurled two grenades, 
destroying the emplacement.
  Before the enemy could retaliate, he stood up and neutralized a 
second machine gun nest. Although wounded by a sniper's bullet, he 
continued to engage other hostile positions at close range until an 
exploding grenade shattered his right arm.
  Despite the intense pain, he refused evacuation and continued to 
direct his platoon until enemy resistance was broken and his men were 
again deployed in defensive positions.
  In the attack, 25 enemy soldiers were killed and 8 others were 
captured. By his gallant, aggressive tactics, and by his indomitable 
leadership, Lieutenant Inouye enabled his platoon to advance through 
formidable resistance and was instrumental in the capture of the ridge.
  Lieutenant Inouye's extraordinary heroism and devotion to duty are in 
keeping with the highest traditions of military service and reflect 
great credit on him, his unit, and the U.S. Army.
  Mr. President, Members of the Senate, these are the words that 
describe the actions of heroism of Senator Inouye, when, as a young 
man, he put his own safety aside for others. As a result of that he was 
awarded America's highest honor for gallantry and heroism, the Medal of 
Honor.
  The reason I bring this to everyone's attention today is that we have 
a lot of new Senators. I want every one of them to know this man Dan 
Inouye is a man who was born to be a hero. He never thinks of himself 
but of others. In my 25-plus years in Congress, that is how I have 
found him to be.
  I rise to express joy and honor for my friend and colleague Senator 
Inouye on the occasion of his 15,000th rollcall vote, which was just 
completed.
  Dan Inouye was born to Japanese-American immigrants in Honolulu, the 
eldest of four children. Did he ever set an example--he sure did--for 
his siblings. On the day of the Pearl Harbor attack, with chaos 
reigning, and being only 17 years old, he volunteered to provide 
medical help to the injured, and there were a lot of injured. After 
high school, he wanted to become a medical doctor. At the time the U.S. 
Army banned Japanese Americans from becoming soldiers. The war broke 
out, but this ban was dropped, and as a teenager, Dan Inouye 
immediately put his medical ambition aside and signed up to serve his 
country in the military. Perhaps it was fate that Dan Inouye joined the 
legendary 442nd regimental combat team which in no small part, thanks 
to his bravery, became the most highly decorated unit in the history of 
the U.S. Army.
  I can't improve the words of praise this great man earned upon 
receiving the Medal of Honor for his courageous service. I read that. 
But I think we all here recognize we serve with a very extraordinary 
human being. While he was recovering from his injuries--and it was more 
than his arm; his whole body was hurt and, as a result he spent years 
in a military hospital--in the military hospital, he met another 
wounded warrior, a man named Bob Dole. They recuperated together, both 
having severe arm injuries, among other things. The only injuries you 
could see with Senator Dole and Senator Inouye were the arms. But, of 
course, their injuries were much more severe than that. While there, 
Senator Dole told Senator Inouye, both to be Senators: I am going to 
run for Congress. Senator Inouye beat him there by a few years. That 
chance encounter began a lifetime of friendship that took these two 
wounded warriors from hospital beds in Battle Creek, MI, to seats in 
the Senate. The friendship and close working relationship they have 
shared is emblematic of Senator Inouye's lifelong commitment to 
bipartisanship in the pursuit of progress.
  In his decades of public service, Senator Inouye has been a leader on 
issue after issue of concern to the American people. As chairman of the 
Subcommittee on Defense Appropriations, he is the leading expert and 
national advocate for national security, strengthening the military, 
and honoring our troops and veterans.
  As the first person of Japanese descent to serve in the Senate, Dan 
Inouye is a soft-spoken trailblazer.
  On a personal level, I was a very new Senator and he had made a 
commitment to do a fundraiser for me in Florida. He didn't know at the 
time he made this commitment that there would be other things that 
would be in the way of that. There was a little thing in the way, his 
wife's birthday. She understood. He understood. And he, because he had 
made a commitment, made the personal sacrifice and came down there. I 
have never forgotten that. That is why when he sought a leadership 
position in the Senate, I was the first to stand in line to support 
Senator Inouye. His heroism and extraordinary lifetime of public 
service are an inspiration to us all.
  But on a personal note, Landra and I, and all my colleagues, are so 
happy and pleased to hear the recent news that Dan and Irene will be 
married this May. All of us in the Senate family wish them happiness 
and joy.
  The PRESIDING OFFICER. The Republican leader.
  Mr. McCONNELL. Mr. President, the U.S. Senate has been conducting its 
business here in Washington for just over 200 years. For more than one-
fifth of that time, Senator Daniel Inouye of Hawaii has been casting 
rollcall votes. And just now, he cast his 15,000th, making him the 
fourth most prolific voter in Senate history.
  If Senator Inouye had anything to say about it, I have no doubt the 
moment would have passed without fanfare. Some Senators make their 
presence felt by talking a lot or by being flamboyant. Dan Inouye has 
always been another sort of Senator.
  He is one of only 107 Americans alive today to have received the 
Medal of Honor for combat bravery. He is the iconic political figure of 
the 50th State, the only original member of a congressional delegation 
still serving in Congress. And he has ensured through many years of 
diligent service on the Defense Appropriations Subcommittee that an 
entire generation of America's uniformed military has gone well 
prepared into battle and was well cared for when they returned.
  Despite all this, Dan's quiet demeanor and adherence to a code of 
honor and professionalism has made him a stranger to controversy and to 
the fleeting fame that often comes with it. He is a man who has every 
reason to call attention to himself but who never does. He is the kind 
of man,

[[Page 1414]]

in short, that America has always been grateful to have, especially in 
her darkest hours, men who lead by example and who expect nothing in 
return.
  Historians tell us about one of those dark moments early in our 
Nation's history, just after the surrender at Yorktown. Hostilities 
with the British had ended, but America was on the brink of a military 
coup. Congress had promised to give officers and soldiers back pay, 
food, and clothing, and hadn't delivered. The situation grew so serious 
that U.S. officers threatened an armed revolt.
  In a meeting at Newburgh, George Washington urged patience. He 
assured the officers Congress would act justly. And then, with anger 
and impatience still in the air, he pulled a letter from his pocket 
from Congress. Staring at it for a few moments with a look of 
confusion, he reached into his pocket again and pulled out a pair of 
reading glasses that only his closest advisers had ever seen. ``You 
will permit me, gentlemen, to put on my spectacles,'' he said. ``For I 
have not only grown gray, but almost blind, in the service of my 
country.''
  Some of the officers wept with shame. One man's heroism was enough to 
dissolve whatever hostilities remained. Revolt was averted, peace 
preserved, and a roomful of men learned that day what it meant to be an 
American.
  More than a century and a half later, after another dark moment in 
our Nation's history, another roomful of men would learn a similar 
lesson. The year was 1959, the place was the U.S. Capitol, and a young 
man named Daniel Inouye was being sworn into office.
  The memory of a hard-fought war against the Japanese was fresh in 
many minds as the Speaker, Sam Rayburn, prepared to administer the 
oath--not only to the first Member from Hawaii, but to the first 
American of Japanese descent ever elected. Rayburn spoke: ``Raise your 
right hand and repeat after me . . .''
  Here's how another Congressman would later record what followed: 
``The hush deepened as the young Congressman raised not his right hand 
but his left and repeated the oath of office. There was no right hand. 
It had been lost in combat by that young American soldier in World War 
II. And who can deny that, at that moment, a ton of prejudice slipped 
quietly to the floor of the House of Representatives.''
  As a young boy growing up in Hawaii, Dan and his friends always 
thought of themselves as Americans. But after Pearl Harbor, they found 
themselves lumped together with the enemy. It was one of the reasons so 
many of them felt such an intense desire to serve. Their loyalty and 
patriotism had been questioned, and they were determined to show their 
patriotism beyond any doubt.
  At first they weren't allowed to volunteer. A committee of the Army, 
caving to prejudice, recommended against forming a combat unit of 
Japanese Americans. But they persisted, and on June 5, 1942, the policy 
changed.
  In reversing the previous order, President Roosevelt said, quote, 
``Americanism is a matter of the mind and heart. Americanism is not, 
and never was, a matter of race or ancestry.''
  The overwhelming response of Japanese Americans proved Roosevelt 
right. Eighty percent of the military-age men of Japanese descent who 
lived in Hawaii volunteered for the first-ever, all-Japanese-American 
combat team. And among the 2,686 accepted was an 18-year-old freshman 
at the University of Hawaii named Dan Inouye. 
  The 442nd Regimental Combat Team, the famous ``Go for Broke'' 
regiment, would become the most decorated military unit in American 
history. SGT Dan Inouye was one of its combat platoon leaders. He spent 
3 bloody months in the Rome Arno campaign and 2 brutal weeks rescuing a 
Texas battalion that was surrounded by German forces, an operation 
military historians often describe as one of the most significant 
military battles of the 20th century.
  After the rescue, Sargeant Inouye was sent back to Italy, where on 
April 21, 1945, he displayed ``extraordinary heroism,'' in leading his 
platoon through tough resistance to capture an important strategic 
ridge. Crawling within five yards of the nearest machine gun, he 
destroyed it with grenades, then stood up and destroyed several others 
machine gun nests at close range--even as a sniper's bullet shattered 
his arm. Despite the pain, he continued to direct his men until the 
enemy's retreat, and become one of the most decorated soldiers of the 
war.
  Dan would later spend nearly 2 years in an Army hospital in Battle 
Creek, MI, and it was there that he met a wounded soldier, as the 
majority leader mentioned, from Kansas. Dan had always wanted to be a 
surgeon, but that dream faded away on a ridge in Italy. He decided to 
ask his friend what he had in mind for a career. Politics was the 
reply. Dan was intrigued. And many years later, as a freshman in 
Congress, he wrote a note to Bob Dole, playfully taunting him for not 
making it here first.
  It is fitting that Dan owes his Senate career, in a sense, to a 
Republican. He has never let narrow party interests stand in the way of 
friendship or cooperation on matters of real national importance. His 
friendship with Senator Stevens is one of the most storied in all of 
Senate history. And I know I have never hesitated to call Dan when I 
thought something important was at stake. As Dan has always said, ``to 
have friends, you've got to be a friend.''
  It is a good principle, and it is one he has always lived up to. But 
it is just one of the remarkable traits that have made him one of 
America's great men.
  On the morning of his first day in the Army, Dan rode part of the way 
to the barracks on a bus with his dad. He later recalled that at one 
point his father grew somber, offered his first son some brief advice 
about the importance of having good morals, then said something about 
the country he would soon defend.
  ``America has been good to us,'' his father said. ``And now--I would 
never have chosen it to be this way--but it is you who must try to 
return the goodness of this country.''
  Dan Inouye would make his father very proud. He has more than repaid 
the goodness of this country. I know I speak for every other Senator 
who has served with him, the people of Hawaii, and anyone who respects 
this institution or loves this country, when I say thank you for the 
dignity, the grace, and the heroism with which you have lived your 
great American life. You are an example and an inspiration to all of 
us.
  I yield the floor.
  The PRESIDING OFFICER (Mrs. McCaskill). The Senator from Hawaii.
  Mr. AKAKA. Madam President, in the year 1924, a child was born to a 
woman who was nurtured by a Hawaiian family. He was born in Hawaii as 
an American of Japanese ancestry. He was brought up in Hawaii and went 
to school there, graduated from McKinley High School in 1942, and 
decided to serve our country, as he did. You have heard others tell 
about his activities as an Army person. But he went on to finally 
receive the Medal of Honor from this country, which is the greatest 
medal anyone can receive. This is Senator Dan Inouye.
  When he finished his service, he used the GI bill, of which he was a 
recipient, to be educated. When he returned to Hawaii, he entered into 
politics and served in the State legislature.
  When Hawaii became a State in 1959, he was Hawaii's first U.S. House 
of Representatives Member. It was from there he did run for the Senate 
and was elected and has been here since that time. Dan Inouye has 
served our country well over these years, and he has served Hawaii 
well.
  So today I rise to mark a historic occasion, which is Senator 
Inouye's 15,000th vote. This historic milestone is compelling evidence 
of Senator Inouye's devotion to public service. The people of Hawaii 
have given him their trust, and in return he has fought relentlessly 
for our State and our country.
  Dan Inouye is an institution, without question, in the Senate, and I 
look forward to casting many more votes with my good friend and mentor 
and brother to benefit Hawaii and strengthen the United States.
  God bless you, Senator Inouye, and with much aloha.

[[Page 1415]]

  Thank you very much.
  The PRESIDING OFFICER. The Senator from Hawaii.
  Mr. INOUYE. Madam President, I am deeply moved and most grateful for 
the generous and warm remarks of my colleagues. I shall do my very best 
to live up to their praise.
  I thank you very much.
  (Applause, Senators rising.)
  Mr. COCHRAN. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SPECTER. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 3927 To Amendment No. 3911

   (Purpose: To provide for the substitution of the United States in 
                         certain civil actions)

  Mr. SPECTER. Madam President, I now call up amendment No. 3927.
  The PRESIDING OFFICER. Without objection, the pending amendments are 
set aside.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from Pennsylvania [Mr. Specter], for himself 
     and Mr. Whitehouse, proposes an amendment numbered 3927 to 
     amendment No. 3911.

  Mr. SPECTER. Madam President, I ask unanimous consent that further 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in the Record of Friday, January 25, 2008, 
under ``Text of Amendments.'')
  Mr. SPECTER. Madam President, there are 2 hours set aside for this 
amendment. We have about 24 minutes between now and 4:30, when the 
Senate will move on to other business.
  I have just discussed with my distinguished colleague, Senator 
Whitehouse, and the managers--Chairman Rockefeller and Vice Chairman 
Bond--my intent to speak relatively briefly on an opening statement and 
then yield to Senator Whitehouse and give an opportunity for opponents 
of the amendment to speak because I think that will tell the Senators 
and staffs what this is about and perhaps generate more interest and 
more concern to follow, and then have additional debate at a later time 
on the remainder of our time.
  At the outset, I compliment my distinguished colleague, Senator 
Whitehouse, who is in his first term in the Senate. I thank him for the 
work he has done coordinately with me and others on this bill.
  Senator Whitehouse brings a very distinguished record to the U.S. 
Congress. He has served as U.S. attorney for Rhode Island. He served as 
Rhode Island's attorney general. And he has made quite a contribution 
to the Judiciary Committee on what is a very complex matter.
  Madam President, I ask unanimous consent that Senator Levin and 
Senator Cardin be added as cosponsors of the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SPECTER. The essence of the pending amendment is to substitute 
the U.S. Government as a party defendant for the telephone companies, 
instead of having the current provision which provides for retroactive 
immunity to the telephone companies. The bill under consideration would 
give those companies retroactive immunity and foreclose litigation 
which is now pending in some 40 cases.
  This issue is at the heart of the balance of values between national 
security and constitutional rights. There is no doubt, at least on this 
state of the record--where we do not know all of the details as to what 
the telephone companies have been doing--but it is presumed, for 
purposes of this argument, and I think accurately so, that what the 
telephone companies are doing has produced very high-level intelligence 
for the U.S. Government.
  There is no doubt of the importance of high-level intelligence in our 
fight against terrorism. We sustained 9/11. We fight a deadly enemy 
around the world--al-Qaida. We want to protect the United States and 
its people and others, so that high-level intelligence is very 
important.
  At the same time, constitutional rights are very important. I believe 
the substitution which Senator Whitehouse and I are proposing 
accomplishes the objective of a continuation of getting this very vital 
intelligence information for national security and, at the same time, 
protects constitutional rights.
  The essence of the proposal is that the U.S. Government would step 
into the shoes of the telephone companies, have the same defenses, no 
more and no less. The Government could not assert governmental immunity 
because the telephone companies could not assert governmental immunity. 
The Government could assert the State Secrets Doctrine, just as the it 
has by intervening in the cases against the telephone companies.
  I believe it is vital that the courts remain open. I say that because 
on our delicate constitutional balance of separation of powers, the 
Congress has been totally ineffective on oversight and on restraining 
the expansion of executive authority. But the courts have the capacity, 
the will, and the effectiveness to maintain a balance.
  But we find that the President has asserted his constitutional 
authority under article II to disregard statutes, the law of the land 
passed by Congress and signed by the President.
  I start with the Foreign Intelligence Surveillance Act, which 
provides that the only way to wiretap is to have a court order. The 
Executive Branch initiated the Terrorist Surveillance Program in flat 
violation of that statute. Now, the President argues that he has 
constitutional authority which supersedes the statute. And if he does, 
the statute cannot modify the Constitution. Only a constitutional 
amendment can. But that program, initiated in 2001, is still being 
litigated in the courts. So we do not know on the balancing test 
whether the Executive has the asserted constitutional authority.
  But if you foreclose a judicial decision, the courts are cut off. 
Then the executive branch has violated the National Security Act of 
1947, which mandates that the Intelligence Committees of both the House 
and the Senate be informed of matters like the Terrorist Surveillance 
Program. I served as chairman of the Judiciary Committee in the 109th 
Congress. The chairman and the ranking member, under protocol and 
practice, ought to be notified about a program like that. But I was 
surprised to read about it in the newspapers one day, on the final day 
of argument on the PATRIOT Act Re-authorization. It was a long time, 
with a lot of pressure--really to get the confirmation of General 
Hayden as CIA Director--before the executive branch finally complied 
with the statute to notify the full Intelligence Committees. Now, on 
the other hand, the courts have been effective--and I will amplify this 
at a later time because I want to yield soon to Senator Whitehouse and 
give the opponents an opportunity to speak before 4:30. But in the 
Hamdan case, the Supreme Court held that the President does not have a 
blank check in the war on terror. Justices held that the President 
cannot establish military commissions unless Congress authorizes it. In 
Hamdi, the Supreme Court concluded due process required that a citizen 
held in the United States as an enemy combatant be given a meaningful 
opportunity to contest the factual basis for that contention. In Rasul 
v. Bush, the Supreme Court held that the Federal habeas corpus statute 
gave district courts jurisdiction to hear challenges by aliens held at 
Guantanamo Bay.
  Well, this is not Pakistan, where President Musharraf can suspend the 
Supreme Court Justices and hold the Chief Justice under House arrest. 
This is America. The balance is maintained only because the courts are 
open. I believe it would be a major mistake to close the courts on 
pending litigation when the courts have provided the only effective way 
to check expanded executive authority, which we have seen in many 
lives. I will amplify those later, on matters such as signing 
statements.
  But that is the essence of the argument. I am going to yield now to 
my

[[Page 1416]]

distinguished colleague from Rhode Island because I think it is useful, 
as we move forward in the debate, to crystallize the issues. We know 
Senators and even staff don't pay a great deal of attention until the 
time for a vote is near, and when we see the essence of the two 
positions, I think we may create some more interest and have more 
people join this debate.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Rhode Island is recognized.
  Mr. WHITEHOUSE. Madam President, I thank the distinguished Senator 
from Pennsylvania. I consider it a great personal honor to join him in 
sponsoring this important amendment. He has served with great 
distinction as a prosecuting attorney for Philadelphia for many years 
and then has served in this Senate for 27 years with great distinction, 
making him the longest serving Senator in Pennsylvania's history. He 
has chaired the Senate Judiciary Committee, and he has always shown 
great intelligence and independence. In addition to all that, I am the 
junior member of the Senate Judiciary Committee, and he also has shown 
exceptional courtesy and good will toward me, notwithstanding my junior 
status and notwithstanding my position on the other side of the aisle. 
So it is with considerable pride and also considerable affection that I 
join him in supporting this amendment.
  We face, as Senator Specter said, the critical balance between 
freedom and security, which will always be difficult to maintain as 
long as a threat of terrorism looms. As we all know, one of the many 
difficult issues that balance presents to us is the question of whether 
to grant immunity to telecommunications carriers who may have assisted 
the Government in this surveillance program.
  On the one hand, the administration has called for a blanket grant of 
immunity to these companies. On the other hand, others have proposed 
preserving the status quo. We are proposing a more sensible, practical, 
middle path that does less constitutional damage and still protects the 
essential equities involved.
  The choice is to give immunity, to stop the litigation, to end the 
claims against the companies, and take away the plaintiffs' case 
against them, which is not fair. Nothing yet suggests this is not 
completely legitimate litigation. The courts who are considering it 
haven't thrown it out, it is in process right now, and it is not fair 
to the plaintiffs to up and take away their day in court. Moreover, 
there is a huge separation of powers problem of a legislature intruding 
into ongoing litigation, now before a judge, and taking away active 
claims. We would be taking away plaintiffs' rights and claims, taking 
away their due process without even providing for the basic judicial 
finding that the defendant companies acted reasonably and in good 
faith. That damage suggests that blanket immunity is not a great 
solution and, indeed, it may even be unconstitutional.
  The other choice we have on the immunity question is to do nothing. 
But consider this: the Government has forbidden the telephone company 
defendants to defend themselves, claiming state secrets privilege. They 
have tied the companies' hands behind their backs in this litigation, 
muzzled them, forbidden them to offer any defense. In my view, that is 
also not fair, particularly if the Government put these companies into 
this mess in the first place. If the Government wants to forbid self-
defense by these companies, the decent thing for the Government to do 
would be to step into the lawsuit, and defend on their behalf. The 
Government should not leave legitimate American companies in the 
judicial arena, bound and muzzled, unable to defend themselves, and not 
itself be willing to step in the ring and take over. So it strikes me 
that doing nothing is not a great solution either.
  The solution that fits the problem we face is this Specter-Whitehouse 
amendment, and it has two very simple parts. One, a judicial 
determination, confidentially, in the FISA Court, whether these 
companies acted reasonably and in good faith. That is a very simple 
determination that can be made with a very small amount of testimony 
based in many respects simply on the record of what was provided to 
companies. Second, if they did act reasonably and in good faith, there 
is then a well-established procedure under rule 25 of the Federal Rules 
of Civil Procedure, rule 25(c) to be specific, that can substitute the 
Government for these companies in this litigation.
  First, let me talk about the good-faith determination. I hope we can 
all agree that if the companies did not act reasonably and in good 
faith, they shouldn't get protection. I hope we can agree on that. We 
establish a simple procedure for the good-faith question to be answered 
by the FISA Court. We in Congress should not be the judges of that. We 
are not judges. Good faith is a judicial determination. This is ongoing 
litigation. The companies have, of course, asserted to us that they 
acted in good faith, but that is no basis for us to conclude that, and 
we surely should not rely on one side's assertion in making a decision 
of this importance. Most Senators have not even been read into the 
classified materials that would allow them to reach a fair conclusion. 
This body is literally incapable of forming a fair opinion without 
access by most Members to the facts. So we need to provide a fair 
mechanism for a finding of good faith by a proper judicial body with 
the proper provisions for secrecy, which the FISA Court has.
  Second, substituting in the Government. Well, if it turns out the 
Government directed the companies to engage in conduct that broke the 
law, the Government is the proper authority. If the companies acted 
reasonably and in good faith but ended up somehow breaking the law 
because of what the Government directed them to do, the real actor is 
the Government. Lawyers in this body will understand this is analogous 
to a principal-agent relationship. The Government is in effect the 
principal, the company acting as directed is the Government's agent, 
and under principal-agency law, the principal is liable for the acts of 
the agent.
  So the simple solution contained in this amendment follows the law, 
it is founded in the Federal Rules of Civil Procedure, and it fits the 
problem we face. Consider: No one has legitimate rights and due process 
summarily taken away. This is, after all, the United States of America.
  Two, if the carriers acted reasonably and in good faith, the 
Government steps in for them. In fact, the carriers get a judgment in 
their favor dismissing them from the cases.
  Third, no one is forbidden to defend themselves in ongoing 
litigation. No one is bound and muzzled but forced to stay in a 
judicial fight.
  Fourth, there is no intrusion by Congress into ongoing adjudication, 
no separation of powers trespassed.
  Finally, if the companies acted reasonably and in good faith at the 
direction of the Government but ended up breaking the law, the 
Government truly is the morally proper party to the case. So this is 
not just sensible, but it is right. I hope my colleagues will support 
this amendment.
  I see time is a little short, but let me continue a little bit longer 
because I wish to expand a little bit on this concern that intrusion by 
Congress into ongoing adjudication presents a separation of powers 
problem. Let me go all the way back to why we set up the separation of 
powers in the first place. I quote U.S. Supreme Court Justice Scalia 
specifically who said:

       The sense of a sharp necessity to separate the legislative 
     from the judicial power triumphed among the Framers of the 
     new Constitution prompted by a crescendo of legislative 
     interference with private judgments of the courts.

  So the question of a legislature interfering with ongoing litigation 
was the live concern of the Founding Fathers when they separated the 
powers. In a case called the United States v. Klein, the U.S. Supreme 
Court threw out a congressional statute that purported to provide the 
rule of decision in a particular case, saying of this relationship 
between the legislative and judicial powers:

       It is of vital importance that the legislative and judicial 
     powers be kept distinct. It is the intention of the 
     Constitution that each of the great courts and departments of

[[Page 1417]]

     the government--the legislative, the executive, and the 
     judicial--shall be in its sphere independent of the others.

  So I urge my colleagues who are considering this to consider the 
sensible merits of this amendment, to consider this is the morally 
right way to go forward, and further, to consider that it reduces 
considerably the risk that if we go ahead and give these companies this 
immunity, the companies end up with a lawsuit, they end up with a case 
and a statute that is thrown out because it is unconstitutional, and in 
effect we create a snarl rather than a solution for them.
  So with that said, I would again like to say how very much it means 
to me to be cosponsoring this amendment with the very distinguished 
Senator and former chairman of the Judiciary Committee, Senator Specter 
of Pennsylvania.
  I thank the Chair and I yield the floor.
  The PRESIDING OFFICER. The Senator from West Virginia is recognized.
  Mr. ROCKEFELLER. Madam President, I am reluctant to ask, but I must, 
how much time remains before 4:30?
  The PRESIDING OFFICER. There is 2\1/2\ minutes before 4:30.
  Mr. ROCKEFELLER. Wonderful.
  Madam President, I simply rise to say I will oppose this amendment 
and I will oppose it strongly and I think for a series of very good 
reasons. But in spite of my eloquence and the ability to talk very 
quickly, I simply cannot do the task in 1\1/2\ minutes. So I ask 
unanimous consent to reserve my right to speak further at the 
appropriate time before the vote.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Missouri is recognized.
  Mr. BOND. Madam President, with the time so graciously allowed us by 
the proponents of this measure--and I know it was not intentional--I 
will only say a couple of quick things. No. 1, the courts are not 
precluded. The underlying bill, the bipartisan bill, permits lawsuits 
to go forward against the Government and the Government employees. No. 
2, there was notification of the Big Eight--the ranking members and 
chairmen of the Intelligence Committees and the leaders--when this 
program was started. No. 3, article 2 does give the President the power 
to exercise foreign intelligence collections.
  I would say to my colleague who has been on the Intelligence 
Committee, if he doesn't think Congress has been effective in 
overseeing programs, he has not seen the committee that is chaired by 
Senator Rockefeller and on which I ride shotgun with him. The Judiciary 
Committee--if it was not advised, the Judiciary Committee's primary 
responsibility is not intelligence. That is the Intelligence Committee. 
We get the sensitive information. We spend a great deal of time. We 
have reviewed it. We believe it is a disaster for our intelligence 
collection to have substitution because we would see our most sensitive 
means of collection exposed. The private parties that might have 
participated would be put through tremendous economic and commercial 
harm and subjected potentially to harassment, and perhaps even 
terrorist attacks, for having worked with us.
  Therefore, I strongly urge that our colleagues defeat amendment No. 
3927, the Specter-Whitehouse substitution amendment.
  Mr. KENNEDY. Madam President, the amendment that I have offered with 
Senators Kerry and Menendez addresses a serious problem with the FISA 
bill that we are now considering, and I am very pleased that it has 
been incorporated into the bill by unanimous consent.
  The amendment clarifies that under the new authority provided in this 
legislation, the Government may not intentionally acquire a 
communication when it knows ahead of time that the sender and all of 
the intended recipients are located in the United States. When the 
Government knows ahead of time that both the person making the call and 
the person receiving the call are located inside the United States, it 
will have to get a court order before it can listen in on that call. 
This is the way FISA has always worked, and my amendment makes sure 
that the law stays that way.
  There is broad agreement that communications known ahead of time to 
be purely domestic should continue to be governed by the standard FISA 
rules. Indeed, the Bush administration has repeatedly stated that it 
does not intend to use the new authority granted under the Protect 
America Act or this legislation to acquire communications that are 
purely domestic, without obtaining a court order first. The 
administration acknowledges that when the Government knows that all the 
parties to a conversation are in the United States, a specific court 
order should be needed to intercept that conversation.
  I haven't heard a single Member of Congress disagree with this point. 
But without this amendment, the FISA bill's new authority could be used 
to acquire purely domestic communications without a court order.
  The bill requires the Government's ``targeting procedures'' to be 
designed ``to ensure that any acquisition . . . is limited to targeting 
persons reasonably believed to be located outside the United States.'' 
The problem arises because sometimes the ``target'' of the surveillance 
may be abroad, but the communications that the Government wants to 
acquire may occur entirely inside the United States, because the 
subject matter concerns the target who is abroad. The term ``target'' 
is not defined in FISA, but the legislative history states that the 
``target'' is the person or entity ``about whom or from whom 
information is sought.'' That broad definition is capable of being 
interpreted to allow surveillance of people other than a ``target.''
  For example, the Government might believe that two Americans in the 
United States--let's call them Tom and Mary--will discuss a third party 
who is located outside the country. Under this bill, that third party 
can be a group, not just an individual, and the Government can obtain a 
blanket warrant that allows it to spy on everything that group does in 
the future. Although the authors of the bill have stated this should 
not occur, the concern is that when Tom and Mary talk to each other, 
the Government might claim the third party is the ``target'' who 
provides the legal basis for the surveillance--with the practical 
result being that the Government could listen in on the conversation 
without making any showing to any court about Tom and Mary.
  My amendment protects innocent Americans by clarifying that 
traditional FISA rules still govern for communications known to be 
occurring within the country. The Government could still spy on Tom and 
Mary--but it would have to obtain a warrant first, with the usual 
exception for emergencies.
  According to the administration, the law already requires this. The 
administration has said flat out that it will not wiretap purely 
domestic communications without first obtaining a court order.
  But these kinds of statements are no answer when Americans' basic 
liberties are at stake. ``Trust us'' is not enough.
  FISA experts such as David Kris, a highly respected former lawyer at 
the Justice Department and the author of the leading treatise on FISA 
law, believe that the legislation is not clear right now. And if the 
law is unclear, there will be tremendous pressure on the intelligence 
community to apply it as aggressively as possible, because it is their 
duty to do everything they can within the boundaries of law.
  As Mr. Kris recently stated, even though the Intelligence Committee 
bill prohibits the targeting of persons known to be in the United 
States, it ``does not, however, foreclose all surveillance of [purely] 
domestic communications . . . because surveillance can 'target' an 
international terrorist group located abroad, but still be directed at 
a domestic telephone number or other domestic communications 
facility.''
  Mr. Kris has said that his ``principal concern about [this bill] . . 
. is that it resembles the Protect America Act in allowing surveillance 
of domestic communications'' without a warrant. This is a radical 
change to a FISA system that has protected Americans for three

[[Page 1418]]

decades. If put to a vote, I have no doubt that Americans would reject 
it.
  This concern can't be waved away by the administration telling us 
that it takes a different legal view. When one of the top FISA experts 
in the country says that the law is not clear, we should listen.
  Promises about how the Government will interpret the law in the 
future are not enough. If we all agree about a specific policy goal--
and everyone should agree that in purely domestic-to-domestic 
situations, the traditional FISA rules should apply--then we should be 
very clear about that goal in the legislation we write. Any FISA law 
that Congress passes may set the rules on surveillance for years to 
come, and different administrations may interpret ambiguous language in 
different ways.
  My amendment makes clear that the traditional FISA rules apply when 
the Government knows ahead of time that the communication is purely 
domestic. The amendment does not add any substantive changes to the 
law; it adds clarity and certainly where now there is ambiguity and 
confusion.
  Americans deserve to feel confident when they are talking with their 
friends, neighbors, and loved ones inside the United States that they 
will not be spied on without a warrant. Bringing clarity to this area 
of the law is good for Americans' liberties, and it is good for 
national security. I congratulate my colleagues for adopting this 
amendment.

                          ____________________




 RECOVERY REBATES AND ECONOMIC STIMULUS FOR THE AMERICAN PEOPLE ACT OF 
                                  2008

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of H.R. 5140, which the clerk will report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 5140) to provide economic stimulus through 
     recovery rebates to individuals, incentives for business 
     investment, and an increase in conforming and FHA loan 
     limits.

  Pending:

       Reid Amendment No. 3983, of a perfecting nature.
       Reid amendment No. 3984 (to amendment No. 3983), to change 
     the enactment date.
       Motion to commit the bill to the Committee on Finance, with 
     instructions to report back forthwith, with Reid amendment 
     No. 3985.
       Reid amendment No. 3986 (to the instructions of the Reid 
     motion to commit), of a perfecting nature.
       Reid amendment No. 3987 (to amendment No. 3986), of a 
     perfecting nature.

  The PRESIDING OFFICER. The Senator from Oklahoma is recognized.
  Mr. COBURN. Madam President, could the Chair explain the unanimous 
consent order under which we are operating?
  The PRESIDING OFFICER. There is 45 minutes, evenly divided, to be 
followed by 30 minutes, evenly divided and controlled by the two 
leaders prior to a cloture vote.
  Mr. COBURN. Madam President, I ask unanimous consent to be allotted 
10 minutes to discuss the fiscal stimulus package.
  The PRESIDING OFFICER. Is there objection?
  Mr. BAUCUS. Reserving the right to object, I understand that the 
Senator's time will be charged to the Republican side.
  Mr. COBURN. Absolutely.
  The PRESIDING OFFICER. The Senator from Oklahoma is recognized.
  Mr. COBURN. Madam President, we have heard a lot in the press, and we 
have certainly heard a lot from our own Finance Committee, and we have 
seen what the House passed in terms of the stimulus package.
  I think, once again, in our hurry to address a problem, we have not 
asked: Are we fixing the right problem, the problem in connection with 
the House leadership passing a bill that will spend $150 billion. One 
of the first questions we ought to ask is, Where is that money coming 
from, the $150 billion? Nobody can dispute the fact that we are going 
to borrow that from our grandchildren; we are going to go to the 
markets and borrow the money to stimulate our economy. Nobody will 
dispute the fact that there is very little payback into the Treasury, 
in terms of tax collections, from this stimulus plan.
  The facts as they are, we had an overheated housing boom. We can deny 
economic reality, but until we mark the market--the overinflated cost 
that has extended credit in our country--and recognize that is going to 
have to be paid for, we are not going to walk out of this slowdown we 
appear to be facing. The reality is that the model is the Japanese 
banking industry: When they refused to recognize the losses, what it 
did was impact their economy for 10 years. So the realities are that 
there has to be an economic price when we have an economic excess. Our 
job should be to make that as easy on our economy as we can, thinking 
about the future of our economy.
  Now, all the options that have been presented, when scored in the 
long term, have very little beneficial effect for the economy other 
than the psychology we are putting through. The reason it is important 
to discuss alternatives is because there is a way, which is proven in 
economics, proven in capitalistic societies, in free market societies, 
where you can generate stimulus and revenue back to the Government so 
that, in fact, you solve the right problem, the real problem, and you 
don't bankrupt your children further, which is what we are going to do 
whether we pass the House bill or the Senate bill. We are going to 
steal $150 billion or $190 billion from our grandchildren. I think we 
ought to think twice about that. Do we really, as senior citizens, want 
to steal $600, to $800, to $1,200 from our grandchildren for us today? 
Do we want to do that? Is there another way in which we can stimulate 
our economy without stealing from our kids and ultimately putting the 
money back in so that our children don't have to pay for this stimulus 
package? There is. There are a lot of economic theories and experience 
in this country that prove that.
  So let's talk some about what we should be doing that we are not. 
Instead, we are pandering to people, thinking they are going to get 
$600 or $800, and we don't have any idea other than to think a third of 
that money might have a stimulus effect, but it will have a negative 
effect in terms of what our kids have to pay back.
  One thing we can do is create certainty about economic 
decisionmaking. We can extend the Bush tax cuts. We can extend them so 
people will continue to make positive decisions based on a tax rate 
they know is there rather than one they know is going to go away in 2 
years, which will limit their investment.
  Second, we can lower corporate tax rates. We now have the second 
highest corporate tax rates in the world. That hasn't been part of any 
discussion. We know that when we lower corporate tax rates, we see 
increased investment, which increases the tax revenues for the country, 
and we also see economic growth. So there is a positive there, but it 
is not complete. There is a cost associated with that, but at least 
there is some feedback. But we have not considered that.
  We have not reduced the capital gains tax rate on corporations--the 
people who invest great sums of money on the basis of the fact that if 
there is a capital gain, if we were to lower that, they might invest 
more or they might recognize the gain they have today, consequently, 
even generating taxes. We can index capital gains for inflation. That 
creates a stable investment environment whereby business decisions will 
invest in capital, create jobs, which create salaries, which create 
income, which create tax revenue.
  We can markedly advance--much more so than we have done in this 
bill--depreciation schedules if we want to have an impact. We could go 
to full expensing for capital equipment forever. We don't have to stop 
it now. What that would do is create investment in capital goods in 
this country, which would create jobs, which would raise wages, which 
would create incomes, which would create tax revenues for the country.
  There are other things we can do besides just send money out the 
door. We can establish a repatriation window for corporate taxes 
overseas. The best way to not ever have to deal with this again

[[Page 1419]]

is to have a corporate tax rate equivalent to what is going on in the 
rest of the world--have one at 25 percent instead of 35 percent so that 
we, in fact, are competitive worldwide, so that corporations don't 
refuse to bring income they have earned overseas back to this country 
because we have an excessive tax on it, so they decide not to do that.
  Finally, what we can do is make the Small Business Administration 
work. Seven years ago, the impact of Government regulation on small 
business was less than $4,000. It is $7,400 per employee. That is the 
impact of the Federal Government. That is not the taxes you pay, that 
is the impact of the regulations in terms of the cost impounded onto 
small business by the Federal Government.
  I will end with talking about the budget that was just submitted by 
the administration. We are going to spend probably $150 billion or $190 
billion, and we are not going to pay for it. We are not going to reduce 
any of the wasteful spending, including the inappropriate payments in 
Medicare, and there is another $40 billion in fraud. Medicaid has $30 
billion worth of fraud and another $7 billion in improper payments. 
Food stamps has $6 billion worth of improper payments, not counting the 
fraud.
  There is nothing associated with fixing what is wrong with the 
Government so that the American people get value from it. We are going 
to throw money at a problem rather than secure the future for our 
children and grandchildren. We can do better. We ought to do better. We 
should not say we are just going to throw money at the problem.
  Let's make long-term structural changes in the Tax Code that raise 
the opportunity for our children rather than lower it by putting debt 
on their shoulders. Let's make the long-term changes and tough choices 
of eliminating programs that aren't working effectively, or let's 
refine programs that are wasteful, not efficient, and loaded with 
fraud. Let's eliminate the wasteful programs that account for $150 
billion of money spent each year. Let's get rid of the $30 billion in 
waste at the Pentagon. Let's get rid of the $3 billion we spend every 
year maintaining buildings the Pentagon doesn't want. We don't have a 
way to get rid of them, but we don't have the courage to change the 
law.
  There are all kinds of ways to save a couple hundred billion dollars 
a year, but it means you have to ruffle some feathers. It is time we do 
that and do the hard work, rather than the easy work.
  Thank you for the opportunity to speak in terms of what I think is a 
long-term way to resolve this economic trough we appear to be facing. I 
am not confident we are going to do it the right way. I think we are 
going to do it the politically expedient way, which helps people get 
reelected but doesn't fix the real problem. To me, to my regret, that 
is a sad misnomer for this body.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Montana is recognized.
  Mr. BAUCUS. Madam President, the book of Leviticus teaches: ``Rise in 
the presence of the aged, show respect for the elderly, and revere your 
God.''
  Today, the Senate can show respect for America's elderly. Today, the 
Senate can extend needed stimulus checks to 20 million seniors whom the 
House left behind.
  America's seniors have earned the right to get stimulus checks, every 
bit as much as other Americans. They worked hard all their lives. They 
paid a lifetime of taxes. They contribute to the economy.
  And seniors can use the money. And because they can use the money, 
seniors are excellent targets for economic stimulus checks. Because 
they can use the money, they will spend it quickly.
  Americans over age 65 spend 92 percent of their incomes. Households 
headed by a person over age 75 spend 98 percent. That is higher than 
any other group over the age of 25. And that means that a check sent to 
a senior will have a greater bang for the buck in terms of helping the 
economy.
  The Finance Committee amendment would help 20 million seniors who 
were left out of the House bill. The Finance Committee amendment would 
provide seniors with rebate checks of $500. The underlying House bill 
would not help those 20 million seniors.
  And the Finance Committee amendment would also provide rebate checks 
for 250,000 disabled veterans who receive at least $3,000 in nontaxable 
disability compensation. The Finance Committee amendment would make 
them eligible to receive the same $500 rebate as wage earners and 
Social Security recipients. The Veterans Administration would 
distribute the rebate. The House bill would not provide rebate checks 
to disabled veterans who don't pay taxes.
  And the Finance Committee amendment would provide an additional 13 
weeks of unemployment insurance. And high unemployment states would 
qualify for an extra 13 weeks. The House bill does not provide an 
extension of unemployment insurance.
  Almost a million more Americans are unemployed today than were a year 
ago. And 69,000 additional unemployed workers filed claims for 
unemployment insurance just last week.
  CBO found unemployment insurance to have a big bang-for-the-buck. It 
acts quickly to boost the economy.
  I heard my friend from Oklahoma. Frankly, all of the big ideas and 
great ideas are ideas we cannot address at this point. We have to act 
now, immediately. The President wants us to act now with the stimulus 
package. The House wants us to act now. We in the Senate have to act 
now; that is, we have to get some rebate checks out to the American 
people so they can spend those checks, those dollars, and prime the 
economy.
  The Chairman of the Federal Reserve System has done his part by 
lowering interest rates to help keep our economy from going into 
recession, to help keep our economy from falling into high unemployment 
rates, because we are facing a time of slow growth, primarily due to 
the problems in the housing markets, the subprime problems, which 
cascade into securitized loans and which, frankly, were peddled in a 
way that caused a lot of investors in our country to not know, frankly, 
what they were investing in.
  The Chairman of the Federal Reserve System, Mr. Bernanke, also wants 
this package now. He knows what he is talking about because he is, 
after all, probably the best economist in this country at the moment. 
The Chairman of the Federal Reserve System is saying that, in addition 
to lowering rates, we should have the stimulus package passed.
  We on the Senate Finance Committee did improve upon the House-passed 
bill. We decided not to replace it but improve upon it, so that any 
changes we make can be easily folded into the House-passed bill, and 
get the final product on the President's desk very quickly. Nobody 
wants to hold up the stimulus checks or hold up stimulating the 
economy. So I am quite confident we will get this resolved quickly, 
with improvements.
  The research organization economy.com found that each dollar spent on 
extended unemployment insurance benefits generates $1.64 in increased 
economic activity.
  Don't forget, we passed a bipartisan stimulus bill after 9/11, and 
that contained an extension of unemployment insurance. The President 
signed that bill. We should do the same now.
  Further, we are adding a provision--it sounds technical, but it is 
simple--that would extend the carryback period for net operating losses 
for companies from 2 years to 5 years. Very simply, the bonus 
depreciation and expensing provisions help companies that make a 
profit--many companies during this low economic growth time are not 
making money--it seems fair they be included in the stimulus package, 
and that is why it is very important that provision be enacted.
  This provision will help the housing industry, especially 
homebuilders, from going belly up. There were a lot of loans made that 
should not have been made. The more we can show to the American people 
that we are thinking about them, that we are trying to add a stimulus 
to the Nation's economy, the better, including showing to the

[[Page 1420]]

housing industry that by making a change in the tax laws they can carry 
back current losses to earlier profitable years so they can make 
payrolls and not have to go belly up.
  I might add, we also in the Senate Finance Committee package--the 
House does not do this--tighten up provisions that make it extremely 
difficult for illegal aliens to get these rebate checks. That is very 
important. It is not in the House bill. We have that provision in the 
Senate bill.
  Finally, this is clearly the right thing to do. It is clearly right 
that 20 million seniors and about 250,000 disabled veterans be included 
in the rebate check program. We do that in our bill. There are some 
other provisions, but that is the core of what we are doing here.
  Clearly, the House will accept these changes, there is no doubt about 
that. The President can sign it, and we can get this rebate program up 
and going. We can get it passed very quickly.
  I yield to the Senator from New Mexico, Mr. Domenici, for 6 minutes.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. DOMENICI. Madam President, I rise to outline my reasons for 
supporting the Senate Finance Committee stimulus package.
  I have reviewed various proposals carefully. Clearly, the House-
passed package is simply unacceptable. I predict that the House would 
not pass that bill again now that its flaws have been revealed. By 
denying rebates to Social Security recipients and veterans, yet giving 
it to illegal immigrants, the House has produced something most 
Americans would reject.
  I understand that in the rush to produce the package, the House may 
not have completely vetted each and every provision. So when I say it 
is simply unacceptable, I believe the way I have outlined what probably 
happened is true. They did a terrific job in a short period of time. It 
is just that the product, unfortunately, had to go somewhere else, it 
had to come here, and in coming here the good staff and others had to 
look at it in its entirety again, and they found what I described and 
the chairman of the full committee described.
  I say to the chairman of the full committee, I am not on this 
committee, but I follow it, and I know what is in the final package.
  Yesterday, the Institute for Supply Management reported that business 
activity in the nonmanufacturing sector of our economy contracted. That 
is the part of the economy that has been holding everything together. 
It had not been contracting; now it has. The level of that key 
indicator is now at its lowest level since 2001. Right after the 
terrorist attacks of September 11, the stock market dropped 370 points 
and investors continued to move into ultrasafe areas, such as 
Government bonds.
  Last week and earlier this week, we had more information about a 
devastated housing industry and the announcement of bankruptcy of a 
major home building firm. Last Friday, the Government reported that the 
Nation suffered a decline in job creation for the first time in 4 
years.
  In short, we clearly face the possibility of a recession. Worse, this 
recession may dovetail with the present near freeze in credit markets. 
And when that happens, none of us knows how these two things may 
interact and what it may bring to us.
  A prudent person would do as the House has done and has been proposed 
by the Senate and pass a stimulus package that will get money into the 
economy as soon as possible and will target particular sectors 
especially hard hit.
  The question isn't whether we should have a stimulus package. The 
question is, which do we prefer? The first thing to look at is the 
cost. The Senate Finance Committee package, as amended, will cost $158 
billion. The House-passed package was $146 billion. In a $14 trillion 
economy, a difference of $12 billion is insignificant, almost a 
rounding error in an economy clearly the size we have. Both packages 
cost about the same.
  Second, it seems to this Senator that speed is the important 
ingredient. Therefore, if we invoke cloture on the Senate Finance 
Committee package before us, we can move quickly and move toward a 
Senate-passed package.
  Third, I believe the Senate Finance Committee bill spreads the 
rebates, including veterans and Social Security recipients, and making 
sure no illegal immigrants receive the rebates.
  Fourth, the committee recommendations will give a strong boost to 
housing and home building through its net operating loss provisions. We 
cannot ignore the weight that the collapsing housing market and home 
building sector have had on our economy and loss of jobs.
  It used to be common knowledge that you would not have a robust 
American economy without a robust home building sector accompanying it. 
That may still be true. We have had a robust housing economy until now.
  Finally, I believe the passing of the energy tax provisions in this 
Senate Finance Committee proposal as soon as possible is important. We 
can pass the provisions by invoking cloture, not waiting until later in 
the year to try to pass them on a different vehicle.
  I have concluded that I will support cloture on the Senate Finance 
Committee proposal, recognizing that a conference with the House is 
likely and that both Chambers will be able to fine-tune the ultimate 
package and get it quickly to the President. I hope that is the case. 
The House had its turn. We will now have our turn. Then there will be a 
conference which will have to be called in any event, but they will now 
be operating under the gun, meaning getting something done quickly or 
they will lose all credibility.
  I am hopeful I have chosen the right path. I know it is a difficult 
one for many who think I should do otherwise. I respect all of them, 
but I made my decision on what is best for New Mexico and what is best 
for America as I see it.
  I thank the chairman for yielding me time. I yield the floor.
  Mr. BAUCUS. Madam President, I commend and thank the Senator from New 
Mexico. He is making a courageous decision. More often than not, when 
somebody makes a courageous decision, it clearly is the right thing to 
do. It is easy to not make the courageous decision. Sometimes it is 
hard to make a courageous decision. He is making a courageous decision. 
I thank him and I know the people of New Mexico are proud of him for 
standing up and doing what he is doing.
  The Senator from Arizona seeks recognition.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. KYL. Madam President, first, let me say that one of the points 
made by my dear friend from New Mexico is backward. We need to deal 
with this issue in a speedy fashion. There is one point that unites 
everybody with regard to this stimulus package: If it is not done 
quickly, its stimulative effect diminishes effectively, and there is a 
point at which it will not have the stimulative effect people would 
like. Therefore, speed is of the essence.
  One of the points about the Finance Committee package is, of course, 
if it were to pass, we would have to go to a conference committee 
between the House and the Senate which would obviously delay this 
process. I don't know how long it will take to get to conference or how 
long a conference committee will take, but it could be a lengthy 
process taking us beyond the February recess which means that, clearly, 
we will be talking about weeks to get this bill to the President.
  Were we, on the other hand, to follow Leader McConnell's advice and 
reject the Senate Finance Committee package and move to a modified 
version of the House-passed bill, we could get that to the House which 
could pass it, send it on to the President, and be done with it. That 
can all happen, frankly, by the end of this week.
  In terms of the issue of speed, it would behoove us to reject what 
has been called the Christmas tree package out of the Senate Finance 
Committee which substantially raises costs, spends more money, is much 
more complicated than it would be to take up the House-passed bill 
which can be done more quickly.

[[Page 1421]]

  I don't mean to be pejorative when I talk about a Christmas tree, but 
that is pundits talk about a bill that starts out relatively small, but 
because Members have favorite adds to make to it, which is another 
favorite pundit phrase, things we like to add to the bill, we end up 
with a bill that started out small but ends up looking like a tree with 
a lot of ornaments on it.
  Remember when Speaker Pelosi and Leader Boehner and the President 
struck the agreement they did that passed the House with 38 negative 
votes, there was a recognition this needed to be done quickly and 
cleanly.
  There were just three working parts to this legislation. Members of 
the House had a lot of other great ideas. There are a lot of other 
items they would have wanted to put on it, but their leaders convinced 
them to get bipartisan support. It was very important to keep the 
package trimmed down to the point where Secretary Paulson believed it 
would actually benefit the economy and not add extraneous spending and 
elements.
  What happened when the bill came to the Senate Finance Committee on 
which I sit? I haven't added it up, but some have said there is $40 
billion in additional costs, in additional spending, and I will talk 
for a moment about some of that spending. Those who are concerned about 
adding to the deficit need to be concerned about the additional cost of 
this bill. Some of that spending has to do with some tax credits for 
various kinds of businesses that have no stimulative effect whatsoever 
and are being done to either please certain legislators or to find a 
vehicle for something.
  For example, there is something like $100 million that is owed to 
some coal companies in the United States. They have not been able to 
find a legislative vehicle to get the money appropriated so they can be 
paid their $100 million. So this was thought to be perhaps the right 
kind of vehicle to do it on.
  Apparently they are owed $100 million and we need to send it to the 
coal companies, but that has nothing to do with stimulating the 
economy. It is payment for a past debt for a court case. But one of the 
Members wanted it in this bill and, as a result, it got put in the 
bill. That is not a stimulus package for the American people.
  Then there was a group of tax breaks. What are some of the tax breaks 
for businesses? One is a tax break so we can build more efficient 
homes. One of our problems in our economy is we have a glut of housing 
on the market right now. So we are going to make a tax break so folks 
can build more homes to put on the market to add to those that already 
exist, as well as commercial buildings.
  There has been a lot of talk about the rich getting too much in this 
package. One of the tax breaks is to remove the income limit for people 
who can now, under the Finance Committee bill, take a tax break for 
investments they have made in marginal oil and gas wells. Maybe that is 
a good idea. I don't know. But it clearly has no place on a stimulus 
package.
  My point is that the Finance Committee did a variety of things which 
Members wanted done. They may or may not represent good policy, but 
they have nothing to do with the stimulus and simply add costs to this 
bill. Remember, this is all borrowed money. So it takes us further into 
a deficit situation.
  One of our colleagues on the committee pointed out that these energy 
tax breaks actually are part of a larger bill, which I support, called 
the extenders package and, indeed, that is true. What is the extenders 
package? The extenders package is a package of legislation that each 
year we pass without question to ensure that various kinds of tax 
provisions remain in the Tax Code, such as the research and development 
tax credit and a variety of provisions such as that. I asked for 
unanimous consent to offer that in committee and it was rejected. We do 
know, however, for a certainty, that is going to pass this Congress. So 
these energy provisions, even to the extent people want them, are going 
to become law, but they don't have to be put in the stimulus package to 
drag it down.
  The other big expense added in the Finance Committee was the 
extension of unemployment. The Secretary of the Treasury and other 
people in the administration will tell you, in their view, this 
stimulus package could add anywhere from a half percent to three-
quarters of a percent of growth to the GDP, if it is done very quickly 
and very cleanly. However, adding the unemployment extension, $30 
billion or so to it, would eliminate the effect of a stimulus that 
otherwise would be provided. So the irony is that by adding the 
unemployment compensation extension provision here, we actually remove 
whatever stimulative effect there is in the bill, and we are right back 
to a bill that ends up, as I said, looking like a Christmas tree.
  Right now, unemployment nationwide is 4.7 percent. We have never 
extended unemployment benefits when unemployment was at that low a 
level. It has always been in the neighborhood of 6 percent or above, 
maybe a little below that, that has caused us to extend unemployment 
benefits. So there may well come a time, if we can't get the economy 
moving in the way we want it to, that there would continue to be stress 
in the employment sector and people might actually begin losing more 
jobs, in which case we might have to extend it. But the best way to 
prevent that from happening is to do sensible policy in the meantime to 
try to obviate that situation. And the Secretary of the Treasury and 
the President and the House of Representatives clearly believe the best 
way to do that would be to pass the stimulus package that doesn't have 
this additional $30 billion in unemployment extension added to it.
  The final point I wish to make is that there is some concern that 
there are politically popular things in the Finance Committee package 
and it is hard to vote against those politically popular things. I 
think the Senator from Montana made a good point a moment ago in 
reference to a different matter, that when you do something as a matter 
of conscience, and it is hard to do, usually it represents good policy. 
This is a case where the House of Representatives was willing, on a 
bipartisan basis, under the leadership of Speaker Pelosi and Leader 
Boehner, to put together a package, with the administration, in the 
kind of bipartisanship our constituents would like to have us engage in 
more often, in order to pass a bill quickly, that could be sent to the 
President quickly, and they did that even though I am sure many of them 
were tempted to add all kinds of other politically popular things to 
it. Now the attention turns to the Senate, and are we acquitting 
ourselves as well? I daresay not, if this Christmas tree package from 
the Finance Committee is adopted on the Senate floor. Instead, our 
constituents will look at us as the folks who slowed it down; we added 
a bunch of spending to it.
  The American people are already skeptical that getting a $500 or $700 
rebate check is going to help stimulate the economy. But clearly they 
are going to look at the additional spending, the increased hit to the 
deficit, and wonder whether we were simply acting in a political way 
rather than in a way best for the country.
  So my view is we would be far better served to do what is the best 
policy, and that is to reject the Senate Finance Committee package as 
too much, more than the traffic can bear in this case, and to go back 
to the version of the House of Representatives, which would be modified 
ever so slightly, to send it back to the House to immediately pass it 
and on to the President and get this done.
  My personal view is the kind of spending that is involved in the 
Finance Committee package will actually act to the detriment, not to 
the benefit, of stimulating the economy, and that is why it should be 
rejected.
  In a few moments, we are going to have a chance to vote on this, and 
I hope my colleagues will vote no on the motion for cloture to bring up 
the Finance Committee-passed package of the stimulus bill.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BAUCUS. Madam President, I have a number of Senators seeking 
recognition.

[[Page 1422]]

  I yield 2 minutes to the Senator from Arkansas, Ms. Lincoln; 2 
minutes to the Senator from Ohio, Mr. Brown; 2 minutes to the Senator 
from North Dakota, Mr. Dorgan; and 2 minutes to the Senator from 
Minnesota, Ms. Klobuchar.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BAUCUS. Madam President, I yield to the Senator from Arkansas.
  The PRESIDING OFFICER. The Senator from Arkansas is recognized.
  Mrs. LINCOLN. Madam President, a special thanks to the chairman for 
all his hard work.
  As we look across this great Nation, we all understand our economy 
needs some help, and that is why the Senate Finance Committee quickly 
took up the economic stimulus package which the House and the 
administration had put out there. I have to give an incredible 
compliment to our chairman and ranking member, Chairman Baucus and 
Senator Grassley, who went about this in such a thoughtful way, making 
sure there was no pride of authorship but recognizing what we had to do 
was to improve on this bill, to improve on what the House had done in 
such a hurried fashion, in order to be sure we didn't leave people out. 
This is very thoughtful with respect to the economy and the long-term 
debt issues out there, to keep a package that was small and reasonable, 
yet was comprehensive for the task that it had.
  The package Speaker Pelosi and President Bush put together was a good 
start, but, unfortunately, there were some very important changes that 
needed to be made, and most notably some very hard-working and 
deserving Americans were disqualified from the stimulus rebate under 
their proposal: our seniors living on Social Security income and our 
disabled veterans. Why in the world would we want to leave behind this 
group of such important Americans--fabrics of our American family, 
people whose backs this country was built on and protected by--20 
million seniors and at least a quarter of a million veterans who we 
know should qualify? The fact that there are disabled veterans who 
might qualify for that rebate is certainly reason enough to make sure 
we go back and get it right. I have no idea why the other side would 
not want to do that.
  This is not the only thing we intend to do to stimulate the economy, 
but it is the jolt we need. The Senator from Oklahoma was worried it 
was the only thing. No. No one thinks this is the only thing we are 
going to do. We are going to follow with a farm bill, which will put an 
immediate stimulus into our rural areas. We will be looking at the 
energy tax package and a host of others--No Child Left Behind, which 
has been underfunded a tremendous amount.
  The Senate Finance Committee took action quickly to address the 
inequities of the Pelosi-Bush package, and I am glad they did. The 
chairman and ranking member did an excellent job, and I hope my 
colleagues will recognize we have a one-time shot at making sure the 
Americans understand what it is we are doing: stimulating and jolting 
the economy and making it fair.
  The PRESIDING OFFICER (Mr. Salazar). The Senator's time has expired.
  The Senator from Ohio.
  Mr. BROWN. Mr. President, I appreciate the words of the Senator from 
Arkansas. They are good words.
  We have an opportunity to both jump-start our economy and solve the 
problems staring us right in the face. It is the difference between 
investing in our Nation's economy and investing wisely in our Nation's 
economy. Of course, we should invest wisely.
  We have an opportunity to put money into the pockets of almost every 
American or just some Americans. We can exclude retirees, we can 
exclude disabled veterans, or we can include them. Obviously, we should 
include them.
  The Reid amendment incorporated in the Finance Committee proposal 
sends rebates to the homes of 21 million senior citizens, 250,000 
disabled veterans, and thousands of unemployed who don't get a dime in 
the House bill.
  Now, some decided they wanted to label this bill a Christmas tree. It 
is always what you do if you don't like the provisions in something. 
Anyone who thinks it is Christmas morning in these households is sadly 
mistaken.
  The Reid amendment is inclusive and sends money to individuals who 
will spend it. In a stimulus package, you stimulate the economy, and in 
times of recession you help those who have been hardest hit by the 
recession. It is smart and it is right.
  The Finance Committee package provides extended unemployment benefits 
for those who are looking for jobs in a sluggish economy. Thousands of 
Ohioans lost their jobs not because they wanted to, but they have lost 
their jobs and they are looking for some help as they try to return to 
the workforce. Economists have confirmed that is the most potent 
strategy for stimulating the economy. You put money into the economy to 
stimulate the economy, you particularly put money into the pockets of 
those who will spend it--disabled veterans, senior citizens, and 
unemployed workers who need extended benefits. It makes sense and it is 
the right thing to do.
  I thank the Chair.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DORGAN. Mr. President, we are required from time to time to make 
tough votes in the Senate, but this isn't one of them. This is not a 
tough vote. The question is, Shall we try to stimulate the economy? The 
answer, clearly, is yes. I think most people feel we should do that.
  So then, if we are going to give a rebate, some kind of rebate to 
people who should get the rebate, perhaps we should think of it in 
terms of a family sitting around a supper table and they are talking 
about who is going to get this rebate. So somebody says: Well, you know 
what, let's make sure grandpa and grandma don't get it. Let's not give 
grandpa and grandma a rebate. They don't need to be in it. And by the 
way, Uncle Carl is unemployed. He doesn't need it. He ought not get a 
rebate. Or Cousin Ralph, he is a disabled veteran. He is not going to 
need a rebate.
  Do you think any family sitting around a supper table would make 
those choices; that they are going to throw grandpa and grandma off the 
train and the disabled veteran who served this country and put his life 
on the line?
  So here is the deal. We are told by some: Well, you know, they 
haven't earned income, so, therefore, they are not going to qualify for 
this rebate. Oh, really? You haven't earned your Social Security check? 
Seems to me that is a lifetime of earning. You didn't earn your 
disability payment? You earned it by putting your life on the line for 
this country.
  So let's include the 20 million people who are senior citizens, many 
of whom live near poverty trying to stretch their reasonable income--in 
many cases a very small income--through the month to pay for both food 
and medicine. Let's include senior citizens, let's include veterans who 
are being paid veterans disability, who otherwise would not be 
included.
  And let's do what we have always done during economic downturns: 
Let's extend unemployment benefits. That is the economic stabilizer we 
have always used. Let's do the right thing and vote for the finance 
bill and move it into conference. Let's do that now.
  This is not a tough vote. We know what the right thing is.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Minnesota.
  Ms. KLOBUCHAR. Mr. President, for 8 years, I served as the chief 
prosecutor for Minnesota's largest county, and we had something we said 
when we were working on white-collar cases. We said: Follow the money. 
Follow the money. Is it going where it is needed? That is what I ask 
today. I would say with the Senate finance package it is.
  I hope that as Congress works on this package, we will work to 
redirect the money to new priorities for America. At the same time, the 
urgent need for America to get our economy moving forward again is deep 
and it is long. I saw it last month, when I was touring around our 
State, visiting 47 counties, visiting solar panel factories down in

[[Page 1423]]

southern Minnesota, up at a turkey processing plant, and I can tell you 
people want to move forward with this economy, but they feel our 
Government has not been supporting them. That is why we put together 
the Senate stimulus package, which is targeted, which is temporary, and 
which is going to be timely.
  I know we are all going to get this done, but I believe it is very 
important we not neglect the seniors, 600,000 seniors in Minnesota. I 
have always believed this is a country where we wrap our arms around 
the people who have been there for us--our seniors and disabled 
veterans. When these guys signed up for war, there wasn't a waiting 
line. Why would we put them at the end of the line when we are looking 
at these rebate checks?
  So I believe it is important we move forward with the Senate finance 
package, which does some very good things, as the Presiding Officer 
knows, for the State of Colorado, to promote energy--renewable energy, 
and wind and solar--and I wish to move forward with it. But I believe 
that long after these rebate checks are cashed, we are going to have to 
change it for the long term. This means rolling back those tax cuts for 
the wealthiest people, making over $200,000 a year, investing in our 
infrastructure, and moving this country in the right direction.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Tennessee.
  Mr. ALEXANDER. Mr. President, let us remember that the stimulus 
package we are considering is a plan agreed to by the Democratic 
Speaker of the House, the Republican leader of the House, the President 
of the United States, and about 400 Members of the House. It is one 
that is timely, targeted, and temporary which will help people keep 
more of their own money and help small businesses to have more money to 
create jobs.
  What began as a package to stimulate the economy in the House of 
Representatives has become an excuse for spending money in the Senate. 
That is why I hope we will reject the Senate Finance Committee 
proposal. It is too expensive, spends too much money, and it doesn't 
stimulate. The goal should be to move quickly, to show the American 
people we can act in a bipartisan way and get a good result that is to 
their benefit. The Finance Committee proposal does not do that.
  I spoke with Senator McConnell, who suggests we simply amend the 
House bill by adding the seniors and the disabled veterans and send it 
back, send it to the President, and show the American people we can 
move promptly to give a boost to the economy.
  I thank the Chair, and I yield the floor.
  Mr. KENNEDY. Mr. President, I commend Senator Reid and Senator Baucus 
for their leadership in getting stimulus legislation to the floor so 
quickly. It is not a moment too soon. In recent weeks, the many warning 
signs of a troubled economy have turned into loud alarm bells that we 
cannot ignore.
  Last week's worrisome GDP figures show that economic growth has 
ground to a near halt. Savings are plummeting. Debt is rising. The Fed 
has cut short-term interest rates more rapidly than at any time in its 
history. For the first time in years, we are losing more jobs than we 
are producing. It is clear that we are facing an economic crisis that 
will present enormous challenges in the months and years ahead.
  This crisis will affect every man, woman, and child in our country, 
but it will be particularly hard on the millions of families who are 
already struggling who are having trouble finding work, heating their 
homes, and paying the mortgage. For these families, a recession isn't 
just part of the business cycle--it's a life-altering event from which 
they may never recover.
  Already far too many families are on the brink. Unemployment has 
skyrocketed more than 7.6 million Americans are looking for work but 
can't find a job. Foreclosures are rising 200,000 families each month 
are at risk of losing their homes. Bankruptcies soared by 40 percent 
last year, and experts predict they will rise even faster in 2008.
  Our actions today are vital for the entire economy, but they are most 
critical for these struggling families. Our decisions will help 
determine whether they keep their homes, whether their teenagers stay 
in college, and whether their children go to bed hungry.
  The current recession is a major turning point for our country. We 
have to choose a path out of this crisis, and the path we choose will 
determine the kind of America we will be for years to come. Do we 
choose to help some, or do we choose to help all? Do we choose a path 
of shared prosperity, or a path that leaves countless hardworking 
families behind?
  These are questions of basic fairness, and the American people 
understand fairness. They don't want to see their friends and neighbors 
who are struggling get left behind. They want us to do what is right 
for all.
  Today we have the opportunity to take a few basic steps forward to 
demonstrate our commitment to a fair economy.
  First, we have to tackle unemployment. It is clear that no matter 
what we do to boost economic activity, we will continue to have a 
significant unemployment problem for at least the next 2 years. Goldman 
Sachs predicts that the national unemployment rate will rise to 6.5 
percent by the end of 2009. Many States around the country are already 
struggling with high unemployment. Michigan's unemployment rate is 7.6 
percent. South Carolina's is 6.6 percent. Ohio just hit the 6 percent 
mark as well.
  Workers who lose their jobs are having much more trouble finding work 
now than before the last recession. Today, 18 percent of workers have 
been looking for a job for more than 26 weeks, compared to only 11 
percent in 2001. This problem is affecting workers across the economic 
spectrum even those with college educations and years of experience 
can't find work. There are nearly two unemployed workers for every job 
opening across the country.
  Because it is becoming much harder to find a job, many more families 
are finding that our unemployment insurance system doesn't provide 
enough support. Across the country, 37 percent of workers are running 
out of benefits before finding a job, and more will follow as the 
recession deepens. Mr. President, 2.6 million people ran out of 
benefits in the year ending in October of 2007 that is far more than 
before the last recession.
  These shocking numbers represent real hardship for millions of 
hardworking people across the country. It is all too easy for a job 
loss to turn into a financial crisis, and many families never fully 
recover. In the last recession we saw the real impact of unemployment 
on working families parents cutting back on spending for their 
children, or even pulling older children out of college to cut back on 
expenses. We saw teenagers who should be in school forced to take jobs 
to help support their families.
  To prevent this downward spiral, we must act immediately to shore up 
the safety net for families struggling to find work. These workers have 
paid into the system for years. It is wrong to abandon them when they 
need our help the most.
  The Senate bill is a major step forward. By extending unemployment 
benefits for up to 13 weeks, and providing as much as 13 additional 
weeks of benefits in high-unemployment States, we provide an immediate 
boost for our economy. And, at the same time, we help working families 
weather the storm.
  Economists agree that extending unemployment benefits is a powerful, 
cost-effective way to stimulate the economy. Every dollar invested in 
benefits to out-of-work Americans leads to a $1.64 increase in growth. 
That compares with only pennies on the dollar for cuts in income tax 
rates or cuts in taxes on investments.
  I hope that all of my colleagues will join me in supporting an 
extension of unemployment insurance benefits. It's an essential 
solution that will jumpstart our economy and help families in crisis 
get back on track.

[[Page 1424]]

  Unfortunately, jobless families are not the only ones facing tough 
times. Millions of families today are facing a ``perfect storm'' of 
high costs and low wages. Every bill that comes in the mail just adds 
to the flood, until everyone ends up completely overwhelmed.
  Working families are being swamped by the extraordinary increase in 
the cost of living. On President Bush's watch, the price of gas is up 
73 percent. Health insurance costs are up 38 percent. College tuition 
costs are up 43 percent. Housing costs are up 39 percent. Yet in the 
face of these skyrocketing costs, employees' wages have been virtually 
stagnant, rising only 5 percent. Family budgets can no longer make ends 
meet, and families across the country are feeling the painful squeeze.
  In the face of these economic pressures, workers are struggling to 
keep their families warm. The winter has been bitterly cold in many 
parts of the country, and the cost of heating oil is rising so rapidly 
that it is impossible to keep up. Since last year alone, the price of a 
gallon of heating oil has increased by more than 40 percent. A typical 
household may have to spend $3,000 or more on heating oil this winter.
  Our Senate HELP Committee held a field hearing on fuel assistance in 
Boston last month. One of our witnesses was Margaret Gilliam, a senior 
citizen taking care of her grandchildren in Dorchester. She has already 
spent $4,000 on heating oil this winter, which is nearly as much as she 
spent all last year, and there are still 6 or more weeks of winter to 
go.
  She told us that she tries to make each Social Security check stretch 
by asking her fuel company to deliver just 50 gallons at a time, 
because she can't afford to pay to fill her tank. Most often, heating 
oil companies will not deliver less than 100 gallons.
  Even for those fortunate enough to have fuel assistance under LIHEAP, 
the benefits will cover less than a third of these costs. Most 
households won't get any help at all--of the 35 million households 
eligible for fuel assistance nationwide, fewer than 6 million receive 
these benefits.
  The high cost of basic essentials forces families to make impossible 
choices between paying for fuel, paying for groceries, paying for 
health care, or paying their mortgage. If parents choose to keep their 
children warm and fed, they risk losing their home. The lack of even a 
small amount of assistance--just an extra 100 or 200 gallons of fuel 
oil--can mean the difference between security and homelessness.
  There are simple steps we can take to end this ``perfect storm.'' One 
of the most important is the provision in the Senate bill providing 
additional home heating assistance for families struggling to stay warm 
this winter. Mr. President, $1 billion in additional LIHEAP funding 
will help 2.8 million families pay their heating costs and make it 
through the winter. Helping families meet this basic need is also one 
of the quickest ways to jumpstart the economy. An increase in LIHEAP 
benefits takes as little as 2 weeks to get to the pockets of working 
families.
  This year, we provided a significant increase for LIHEAP. But it is 
far from enough and we still have a long way to go to get to the 
program's authorized level of $5.1 billion.
  It has been said that some people know the price of everything but 
the value of nothing. How else can you explain the administration's 
latest budget request which cuts the program by 22 percent?
  LIHEAP represents a tiny fraction of 1 percent of the entire Federal 
budget. Yet it does so much for those most in need.
  Programs like LIHEAP are the best economic stimulus money can buy. 
But even if they werem not, we would still have an obligation to 
support them--simply because it is the right thing to do.
  Finally, there is widespread agreement that we need to put money into 
workers' pockets to encourage consumer spending that will boost our 
declining economy. The Senate bill includes a tax rebate to do just 
that.
  In order to create an effective stimulus, any tax cut must be 
designed to give the money to those who are most likely to spend it 
immediately--middle and low income families who are strapped for cash 
because of these dramatically higher costs.
  These families are the ones who need the help the most, and the 
dollars they receive from a one-time tax cut will be quickly spent. The 
money will be used to buy things they need but currently cannot afford. 
In contrast, wealthier taxpayers already have the money to purchase 
what they need. A tax rebate for them is much more likely to be 
deposited in their saving accounts than spent. Unless the tax cut is 
spent, there will be no increase in economic activity generated.
  That is precisely what the rebate proposal in the Senate bill will 
do--provide direct assistance to the millions of working families who 
are feeling the squeeze of this economic downturn the most. They work 
the hardest, and they deserve our help. They are also the ones who will 
spend the money most quickly, for necessities they otherwise couldn't 
afford.
  The Senate package also includes needed relief for seniors and 
disabled veterans. Both of these populations live on fixed incomes. 
Rising prices means a choice between buying food or needed medication. 
These Americans have sacrificed so much and worked so hard to build up 
our country, and they deserve our best efforts to help them weather the 
storm.
  In all of these respects, the Senate bill makes major improvements 
over the measure passed in the House of Representatives. It is fairer, 
and it produces a greater stimulus effect by paying low and moderate 
income workers the same size tax rebate that more affluent taxpayers 
would receive. It also extends the tax rebate to include 20 million 
retirees struggling to make ends meet. The Senate bill will provide 14 
billion more dollars in tax cuts to households with incomes below 
$40,000. That is the best way to get the American economy moving again.
  There is no question that every family in America is struggling in 
today's economy, and that they face difficult times ahead. But today we 
have a choice about how to move forward. Do we do what it easy, or do 
we do what is right? Do we go part way or do we do what it takes to add 
dignity to the lives of all of America's working families?
  I hope that each and every one of my colleagues will listen to their 
conscience, do the right thing, and support the kind of stimulus that 
will help all Americans achieve better days ahead.
  Mr. KERRY. Mr. President, first I would like to thank Senate Finance 
Committee Chairman Baucus and Ranking Member Grassley for their prompt 
action in developing this economic stimulus package. Last week, the 
House passed an economic stimulus package. Although it was not perfect, 
it did provide us with a solid foundation from which to build a 
comprehensive bill in the Senate. I believe the Finance Committee 
proposal that is before us today makes a number of crucial improvements 
to the House version. For that reason, I urge my colleagues to vote to 
invoke cloture on the Finance Committee economic stimulus package.
  The Finance Committee package was designed in a bipartisan manner to 
improve upon the House bill, not to add ``pet projects'' or so-called 
``goodies.'' Our goal is not to delay the passage of an economic 
stimulus bill, but to provide a package that will provide a genuine 
stimulus that is targeted to Americans who need our help the most. 
According to the Center on Budget and Policy Priorities, the Senate 
package would not delay, but accelerate the delivery of a stimulus.
  The Finance Committee makes improvements in the following areas: 
structure of the rebate; business tax incentives; housing; unemployment 
insurance; and funding for LIHEAP. Low-income families should not 
receive a smaller rebate just because they do not have taxable income. 
These families need our help and economists that testified before the 
Committee have pointed out the potential for this investment to truly 
aid in kick-starting the economy. The Finance Committee will provide a 
$500 rebate to all eligible singles and $1,000 to married couples.

[[Page 1425]]

  The Senate Finance rebate is structured in a manner which will allow 
senior citizens receiving Social Security benefits without taxable 
income to be eligible for the rebate. Senior citizens are facing the 
same increases in food and energy prices as are other Americans and 
cannot be left out of the package. Many seniors in Massachusetts live 
on fixed incomes. They struggle to pay their medical and heating bills.
  Unfortunately, 20 million seniors were left out of the tax rebate in 
the House-passed stimulus bill. When we are contemplating distributing 
stimulus checks broadly across most American families, it would just be 
wrong not to include 20 million seniors of the Greatest Generation.
  Not only does the House passed economic bill exclude seniors from 
rebates, it excludes 250,000 disabled veterans who do not file a tax 
return. There is no valid reason to leave out those who were wounded 
while serving their country.
  As Chairman of the Committee on Small Business and Entrepreneurship, 
I am pleased this economic stimulus plan includes two tax provisions 
which Senator Snowe, who serves as the ranking member of the Committee, 
and I believe will help small businesses. The first provision doubles 
the amount of business purchases that a small business can write-off 
from $125,000 to $250,000 for 2008. This will provide an incentive for 
small businesses to purchase more equipment and expand their business.
  The second provision expands the carryback period for net operating 
losses, NOLs, from 2 to 5 years. This targeted provision will help 
businesses address losses. By allowing NOLs to be carried back for a 
longer period of time, business owners will be able to balance out net 
losses over years when the business has a net operating gain, helping 
small businesses with their cash flow. Any action we take to foster 
their growth benefits our economy as a whole.
  At the Real Estate Roundtable earlier last week, Treasury Secretary 
Paulson said, ``the U.S. economy is undergoing a significant housing 
correction. That, combined with high energy prices and capital market 
turmoil caused economic growth to slow rather markedly at the end of 
2007, as reflected in the gross domestic product numbers.'' The GDP 
fell from 4.9 percent in the third quarter of 2007 to only 0.6 percent 
in the last quarter.
  A strong economic stimulus package needs to address the root of the 
problem--the housing crisis. The unexpected losses on subprime 
mortgages and the breadth of the exposure has created uncertainty in 
the economy. Homeowners facing higher interest rates on the subprime 
adjustable-rate mortgages, ARMs, and lower housing prices are having 
trouble refinancing. Approximately 1.7 million subprime ARMs worth $367 
billion are expected to reset during 2008 and 2009.
  Owning your own home is the foundation of the American dream. Home 
ownership encourages personal responsibility, provides financial 
security, and gives families a stake in their neighborhoods. According 
to the Mortgage Bankers Association's National Delinquency Survey, 
there were roughly 2.5 million mortgages in default in the third 
quarter of 2007--an increase of about 40 percent when compared to the 
same quarter in 2005.
  A few weeks ago, I held a roundtable discussion on the economy in 
Massachusetts. Jim Harrington, the Mayor of Brockton, MA, told me that 
his city had 400 foreclosures last year and expects 400 more this year. 
In the City of Boston, there were 703 foreclosures in 2007 after just 
261 in 2006. The dramatic increase in foreclosures in cities across the 
nation are lowering revenues and making it more difficult for them to 
respond to the housing crisis.
  The Finance Committee amendment includes a provision to provide $10 
billion for mortgage revenue bonds. This provision is based on a bill 
introduced by Senator Smith and myself. It passed in the Finance 
Committee by a 20-1 vote. It is also important to note that President 
Bush, during his State of the Union Address, asked the Congress to 
provide additional authority for mortgage revenue bonds and included a 
similar provision in the budget for fiscal year 2009.
  Specifically, this provision would provide $10 billion of tax-exempt 
private activity bonds to be used to refinance subprime loans, provide 
mortgages for first time homebuyers and for multifamily rental housing. 
This provision will help families retain affordable housing. The 
housing crisis also affects rental housing because many families who 
lose their homes will move into rental housing.
  With the additional mortgage revenue bond authority, States and local 
governments could rapidly escalate demand for housing and stimulate the 
economy by increasing the flow of safe, non-predatory mortgage loans. 
In 2006, State and local governments financed 120,000 new home loans 
with MRBs. With the additional $10 billion in funding, States and 
localities can match that amount and finance approximately 80,000 more 
home loans.
  According to the National Association of Home Builders, every 
mortgage revenue bond new home loan produces nearly two, full-time 
jobs, $75,000 in additional wages and salaries and $41,000 in new 
Federal, State and local revenues. Also, each new home loan results in 
an average of $3,700 in new spending on appliances, furnishings, and 
property alterations.
  Separate from mortgage revenue bonds, the Finance Committee extends 
unemployment benefits by thirteen weeks through the end of 2008. In 
December alone, the national unemployment rate shot up from 4.7 percent 
to 5 percent and half a million more workers joined the ranks of the 
employed. Labor statistics released last week show the labor market is 
faltering. In the past month, our economy lost 17,000 jobs. We need to 
extend unemployment benefits now. When it takes longer to find a job, 
current unemployment benefits are not adequate.
  Extending unemployment benefits is one of the most effective ways to 
stimulate the economy. Families struggling to make ends meet after 
losing their paycheck will spend the benefits quickly. Every dollar 
spent on benefits leads to $1.64 in economic growth. In addition, 
unemployment benefits will reach workers about two months before rebate 
checks start to be delivered.
  Finally, the Finance Committee package has been modified to include 
an additional $1 billion for the Low-Income Home Energy Assistance 
Program--one of the most effective programs to help low-income 
Americans struggling with rising energy costs. According to economist 
Mark Zandi, an increase in LIHEAP funding should be part of a stimulus 
bill. Increased LIHEAP funding will eliminate the need for families to 
choose between food and energy costs--a choice no family should ever 
face.
  Home heating prices in Massachusetts are 44 percent higher today than 
they were just 1 year ago, and thousands of families will have 
difficulties paying their heating bills this winter. Massachusetts 
families will be able to benefit by approximately $22 million from this 
proposed increase in LIHEAP funding.
  Mr. President, once again, I would like to thank Chairman Baucus for 
his efforts in developing this important stimulus package. I ask all my 
colleagues to support this amendment so that more seniors, small 
businesses, homeowners, and hard working families struggling to make 
ends meet can get the assistance they deserve.
  Mr. GRASSLEY. Mr. President, we have come down to the crucial vote on 
whether we are going to greatly improve the House stimulus bill. In a 
few minutes, all Senators will have to undergo that balancing exercise 
I referred to last week.
  On one hand, you have the legitimate concerns on the part of the 
House, White House, and Senate Republican. Leadership. That concern is 
that a wide open Senate process would slow down and complicate a 
straightforward House bill. Those who hold this view correctly point 
out that the House bill was the product of tough negotiations.
  The White House and House Republicans made concessions in that 
negotiation. Likewise, House Democrats made concessions in that 
negotiation.

[[Page 1426]]

Supporters of the House bill emphasize the need for speedy action to 
send the signal to workers, investors, and business people that the 
Federal Government is responding to the slowing economy.
  On the other hand, are concerns about the substance of the House bill 
and a truncated process that limits the role of the Senate.
  It comes down to this, Mr. President. The leaders' concern with 
timing must be weighed against the question of the quality of the House 
bill. In other words, is a take-it or leave-it House bill, which passes 
quickly, better than a Senate bill which allows the Senate to work its 
will.
  I have laid out the leaders' concerns about timing. Now, we question 
of the adequacy of the House bill. That is the other side of the 
balance we need to strike.
  Let's examine this side of the question. Asked another way, did the 
committee process improve the House bill with a Senate amendment?
  I think everyone would have to answer yes. That is, the Finance 
Committee amendment is an improvement over the House bill. Twenty 
million seniors will get the checks. Over 200,000 disabled veterans 
will get the checks. Illegal immigrants will not be entitled to checks. 
These improvements to the rebate structure were the direct result of 
deliberations in the Finance Committee. They were contributions by 
members on each side. We improved the business stimulus provisions as 
well.
  Our goal was a bipartisan economic stimulus package. The committee 
worked its will and improved the bill. The committee bill responded to 
the needs of Americans and business and, if enacted, would provide a 
very much needed boost for the economy.
  The best proof of this point is the concession by opponents of the 
Finance Committee bill that the House bill must be changed on the 
structure of the rebate.
  Before you vote, I ask Members to go back to the basic question of 
balancing quick action on the House bill versus improvements made by 
the Finance Committee.
  The House bill could be passed quickly without improvements. Or we 
could finish the process here in the Senate and add the improvements 
made by the Finance Committee.
  If cloture is achieved on the Finance Committee amendment, then we 
will have a different challenge.
  We must not load up this stimulus package else further or it is 
likely to sink. Our leaders are right that we need to act quickly.
  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCONNELL. Mr. President, in a few moments we are going to have 
an extremely important vote. Nineteen days ago, the President first 
proposed an economic stimulus package and implored the Congress to act. 
It was impressive to see the Democratic Speaker of the House, the 
Republican leader of the House, and the Secretary of the Treasury of 
the Bush administration all together having worked out an important 
stimulus package that we believe will help our economy.
  Then in an apparent jolt of nostalgia from last year, Senate 
Democrats decided to co-op a bipartisan proposal produced by the House, 
to put together a carefully crafted political document coming out of 
the Finance Committee.
  It may be a good proposal in some respects. I am sure it contains a 
lot of what is appealing to Members. But the point here was to try to 
do a targeted, temporary jolt to our economy, and to try to astonish 
the American people by doing it on a bipartisan basis, rapidly.
  This package will not achieve that result. There is an opportunity, 
however, to do that. First, we must defeat the Reid proposal, and then 
there will be an opportunity to adjust the House proposal in a way that 
is acceptable to the Speaker of the House, the Republican leader of the 
House, and the President of the United States, thereby achieving an 
early signature.
  So I will offer, along with Senator Stevens, after the Reid proposal 
does not achieve cloture, an amendment to the House-passed bill that 
will deal with Social Security, with veterans, and with the immigration 
problem. And with regard to the veterans piece of it, one of the 
deficiencies of the Finance Committee or Reid proposal is that it does 
not cover the widows of veterans. That omission will be corrected in 
the proposal I will offer.
  So if we want to provide this stimulative effect for the widows of 
veterans, a way to do that, and the way to do it in a proposal that 
will be signed by the President of the United States, approved by the 
House of Representatives on an overwhelmingly bipartisan basis, is to 
approve the McConnell-Stevens amendment.
  Now, let me say, Senator Stevens and I don't have any pride of 
authorship. If it will help us get this job done, if it will help us 
get this job done, we can call it the Reid-Obama-Clinton proposal as 
far as I am concerned. The goal is not so much to claim credit as it is 
to astonish the American people and do something on a bipartisan basis 
and do it quickly--do it quickly.
  People will be astonished, and we think the markets and others around 
the world will watch in amazement to see that, on a bipartisan basis, 
the U.S. Government can do something effective and fast. So I would be 
more than happy to change the name of the amendment if that would make 
it more palatable.
  We have no particular pride of authorship. This whole path we are 
going down started out on a bipartisan basis; I was hoping we would end 
it on a bipartisan basis. As far as the credit part of it is concerned, 
we can all take credit, we can go upstairs to the gallery together, 
Senator Reid and I, side by side, and say: We came together. We did 
something for the American people.
  The House can simply take this up--we know; the majority leader of 
the House said today, he implored us, the majority leader, not to load 
up this bill with too many extras that would imperil the bill.
  He was referring, of course, to the package upon which we will be 
having a cloture vote shortly. So the way forward is clear. Let's 
defeat the proposal that we know will not be accepted by the House, we 
know will not be signed by the President. Let's modify the House bill--
we can call it the Reid-Clinton-Obama bill as far as I am concerned--
and get it back over to the House. We have their assurance they will 
take it up, pass it, and send it to the President for his signature. 
But first we must defeat the Reid-Finance Committee package.
  I yield the floor.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Mr. President, the President of the United States returned 
from the Middle East 2 weeks ago tomorrow. I had a conversation with 
him on the telephone, with the Speaker, and a number of other people.
  At that time, the decision was made that the President would hold off 
on any statement he would make on specificity on Friday following that 
Thursday, and that we should sit down and see what we could work out 
with his Secretary of the Treasury.
  We did that. A decision was made, as I have said on this floor on a 
number of occasions. This decision was made because of the House rules 
compared to the Senate rules, that this would be a bill that would come 
from the House. That bill has come from the House. I have never in any 
way disparaged it.
  But it is not something that does not need fixing. That was the whole 
purpose of the House working on it and then we are working on it. So 
any intimation by my friend, the Republican leader, that whatever the 
House came up with we would just put a big stamp of approval on it does 
not speak well to the history of this body.
  We have an obligation to do what we think is best to stimulate the 
economy. We have done that. What we have done is not a political 
document. It is a piece of legislation. Now, from what

[[Page 1427]]

I have heard from my friend, it appears that they would agree, by 
unanimous consent, the bill that is now the House bill--what I 
understand they would be willing to add to that is language that would 
prevent undocumenteds from drawing the benefits of those rebates. They 
would also be willing to accept senior citizens as listed in the Senate 
Finance bill, 21.5 million of them; wounded veterans, 250,000 of them; 
and the widows of those veterans.
  It sounds good to me. I would be happy, and I ask unanimous consent 
at this stage. Are they willing to accept that, to add that to the 
package that we now have? That is, add the widows to the package that 
is now before the body? I agree we can add widows. I ask unanimous 
consent that that be the case.
  The PRESIDING OFFICER. Is there objection?
  Mr. McCONNELL. Would the majority leader restate his unanimous 
consent request?
  Mr. REID. The Senate Finance package that is now before the Senate, I 
ask unanimous consent that we add to that widows of the veterans.
  Mr. McCONNELL. Mr. President, reserving the right to object, this is 
what has been going on all week: adjustments to the package in order to 
play political games.
  Now, with all due respect to my friend, the majority leader, we are 
going to have an opportunity to fix this problem on the widows of 
veterans at a later date.
  We do not have to fix it on this first vote. How many different times 
do they want to change it? They originally told us they were going to 
give us the paper last Thursday night. It kept evolving and evolving 
and evolving. We will have a chance to fix this problem.
  The first opportunity would be the amendment that Senator Stevens and 
I intend to offer. Therefore, I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. REID. That is somewhat unusual. It appears the changes as have 
been suggested by my friend--I wanted to be cooperative and say that is 
a good idea.
  You can flip open any newspaper, tune in to any news program, tune in 
to any radio show, and you are bound to hear from professors, 
economists, analysts, and pundits debating about the state of our 
economy. It used to be a lot of them were asking: Are we in a recession 
now? Not too many are asking that now. They believe we are in a 
recession. But they do ask continually how deep will it be; how long 
will it last.
  Those questions are valid and appropriate. But they are asked by 
those who spend their lives thinking about the economy, not by those 
who spend their lives working in the economy or building the economy, 
to those Americans working harder than ever who end up with less.
  There is no doubt the state of the economy is not good. Millions of 
working families are trying to make their paycheck stretch until the 
next paycheck, as their gasoline, heating, and grocery bills skyrocket, 
of course, medical bills are never able to be paid.
  They know how our economy struggles. Millions of senior citizens are 
living on incomes that are fixed but face living costs that are 
anything but fixed. They know how our economy struggles. Small business 
owners are facing rising health care costs for their employees and 
greater difficulty finding capital to grow. They know how our economy 
struggles.
  Millions of homeowners are in foreclose or face it soon; 37 million 
people. In California, foreclosure rates have gone up more than 300 
percent; Florida, 250 percent. We could go through a long list of 
problems. But they are difficult. The housing market is in big trouble 
as these people watch their dreams and their security come crashing 
down. They, too, know how our economy struggles. It affects everyone.
  I did a TV show down here with the mayor of the city of Fernley, NV.
  Mayor, how is the economy?
  He said: It is tough.
  They just had a levee break and a Bureau of Reclamation project has 
been there for a long time. You know, the water came and covered homes 
for 2 miles. Some of it was 8 feet deep. With the state of the housing 
market so bad, a lot of people are saying: I don't think it is going to 
do any good to rebuild my home. I don't think I can borrow the money to 
fix it up or I can't make the payments.
  It is fair to say that President Bush will not be remembered as a 
good steward of our economy. When he took office, there was a surplus 
over the next 10 years of some $7 trillion. As Senator Conrad mentioned 
at a presentation earlier today, in his 7 years, he has run up the 
debt. That is gone. The surplus is gone. He has run up the debt by more 
than $3 trillion. We have now spent about $750 billion in Iraq. Every 
penny of it has been borrowed. But even this President understands the 
urgent need for action, and we need to do that.
  To his credit, President Bush called on Congress to pass an economic 
stimulus plan. House leaders, Democrats and Republicans, working with 
the White House, came together to craft a bill that serves certainly as 
a good starting point. That was always what it was supposed to be. But 
notably the House plan sends rebate checks out to the American people 
some time in probably May or maybe even June. They can't do anything 
with the rebate checks until the income tax returns are filed. 
Americans will use that money to pay their bills, to buy books and 
clothing for their children, or perhaps to make a long overdue repair 
of homes or cars or pay a doctor bill. Democrats, Republicans, we all 
agree, if we give the American people the money, they will spend it.
  Last week the House sent the bill over here. In the Finance 
Committee, Chairman Baucus and Senator Grassley put their heads 
together, one Democrat and one Republican, and made a good bill far 
stronger.
  Here are some of the things they did that we are going to be voting 
on in a little while. Through bipartisanship, this Finance Committee 
package sends stimulus checks to 21.5 million senior citizens who would 
get nothing from the House bill. The bipartisan Finance Committee 
package sends checks to 250,000 wounded, disabled veterans who were 
left out of the House plan, veterans unable to work because of the 
sacrifice they made for our country. The bipartisan Finance Committee 
package extends unemployment benefits for those whose jobs have fallen 
victim to this economy which is on this down spin.
  The Department of Labor recently told us that the economy lost 
thousands of jobs in January, on top of the millions who are already 
unemployed. The House bill doesn't extend unemployment benefits, and 
economists tell us that is one of the most effective ways to stimulate 
the economy.
  The bipartisan Finance Committee plan helps both small and large 
businesses. Small businesses will have a greater ability to immediately 
write off purchases of machinery and equipment, and large business will 
receive bonus depreciation, an extended carryback period for past 
losses to recoup cash for future investments. The bipartisan Finance 
Committee package addresses the housing crisis by adding $10 billion in 
mortgage revenue bonds that can be used by States to refinance 
mortgages. The reason I focus on this is the President of the United 
States in his State of the Union Message said:

        . . . and allow state housing agents to issue tax-free 
     bonds to help homeowners refinance their mortgages. 
     (Applause.)

  We stood and applauded when he said this. That was the right thing 
for him to say. It is the right thing for us to do. That is what we 
have in our Senate Finance package, something the President called for 
in his State of the Union Message. Why should we be criticized for 
trying to improve the House plan because the President asked for it and 
we agree with what the President asked for?
  The bipartisan Finance Committee package includes an extension of 
energy efficiency and renewable energy incentives to create jobs, lower 
energy bills, and help begin to stem the tide of global warming.
  The Arizona Republic Newspaper, a newspaper not known for being 
leftwing, said in an editorial recently: The economic stimulus package 
from Congress needs some power, renewable

[[Page 1428]]

power. The plan should include an extension of tax credits for 
renewable energy sources such as wind, solar, geothermal. We get a 3-
for-1 impact: creating jobs, diversifying our energy supply, and 
reducing pollution. These aren't new tax credits. They are existing 
ones that are serving us well. Last year nearly 6,000 megawatts of 
renewable energy came on line. That injected $20 billion into the 
economy. That is what we have in this legislation. It is good 
legislation. It is important legislation.
  The amendment I have submitted adds two bipartisan measures to the 
committee's bill. One is an amendment to increase loan limits for 
Fannie Mae and Freddie Mac as well as FHA-backed mortgages which will 
help more homeowners refinance and reduce mortgage interest rates. The 
other provides funds for the Low-Income Home Energy Assistance Program, 
LIHEAP. These funds will help low-income families--and there are lots 
of them--afford their heating bills which are skyrocketing even as big 
oil reports record profits. Shouldn't we do this? Last quarter Exxon 
made more money than any company in the history of the world. They had 
a net profit of over $40 billion in one quarter. This effort to get 
individuals and companies investing in renewable energy is important. 
That is what is in this bill. We should not be criticized for this.
  What the bipartisan Finance Committee accomplished, they took a good 
plan and made one much better--better for seniors, for veterans, for 
working families, for business, for our economy. They did it in a 
bipartisan manner. This isn't a Democratic package. It is a bipartisan 
package. They did it quickly. They did exactly what the Senate is 
supposed to do.
  The stimulus plan before us tonight is smart, targeted, and it is 
effective. That is why it is supported by the AARP, Families USA, 
Alliance for Retired Americans, National Association of Manufacturers, 
American Home Builders Association, National Council on Aging, union 
groups, Veterans of Foreign Wars, Paralyzed Veterans of America, Easter 
Seals, and on and on. There is lots of support from lots of different 
organizations, scores of them. I have only hit a few of them.
  The Republican leader and members of his caucus should have come to 
the Senate floor to congratulate Senators Baucus and Grassley, as these 
groups did. After this was done, these groups made hundreds and 
thousands of phone calls to thank the Finance Committee for doing this. 
It was the right thing to do. This is not a partisan measure, and that 
is why these groups--many of these groups traditionally don't support 
Democrats--like this. It is bipartisan.
  I am happy that a majority--and we will find out if there are 60--of 
this Senate approves of this package, a significant majority. We hope 
we will get 60, 61 votes. Time will tell. But the Record should reflect 
that a majority of the Senate, Democrats and Republicans, supports this 
bipartisan measure we got from the Senate. And it is interesting to 
note that as to this perfect plan we got from the House, the Republican 
leader said he would like to change it. So the House plan obviously 
needs to be improved. It needs to be improved because of language 
dealing with undocumented people. It needs to be improved because of 
seniors and veterans, which the Republicans admit. The House plan 
couldn't have been that great if they accept those changes.
  This is a good piece of legislation. That is why I am happy and 
satisfied that a majority of the Senate approves what the Senate 
Finance Committee did. Secretary Paulson, whom I have enjoyed working 
with, said this morning that the Senate Finance Committee bill is 
``coming to the trough.'' My friend the Republican leader said these 
are pet projects. The majority of the Senate, Democrats and 
Republicans, disagrees with that. They do not think that seniors and 
veterans are pet projects. And if they are pet projects, I plead 
guilty, because they are my pet projects. Seniors are my pet project. 
Veterans are my pet project.
  I have not served in the U.S. military. But during my entire career 
as a Member of Congress, I have bent over backward because of the 
sacrifices made by people such as Dan Inouye and Chuck Hagel and many 
others in this body and around the country. I do everything I can to 
have veterans as my pet project. And they are. And the vast majority of 
the Senate agrees with that.
  So I think Secretary Paulson should retract what he said. This is not 
coming to the trough. We are coming to help people. We are coming to 
help veterans, seniors, people who are unemployed. Maybe my friend, the 
Secretary of the Treasury, has never been unemployed. Maybe he thinks 
those checks are not worth anything. We know the Secretary of the 
Treasury is a very wealthy man. People who are on unemployment 
benefits, without exception, are not wealthy. They are people who were 
depending on a check to come when payday came. Payday came, and they 
had no job. The unemployed are a pet project of mine. I would say that 
the unemployed don't have the advocates, the lobbyists that a lot of 
other groups have, but they are as important.
  Is it a pet project to help businesses weather the storm of this 
downturn? I don't think so. Is it a pet project to help people pay for 
their heating bills? And if there is something negative about that 
term, I plead guilty. Is it a pet project to help families avoid 
foreclosure? If the answer is yes, we know that a majority of the 
Senate is in favor of these pet projects. We know that a majority of 
the Senate supports these pet projects and will defend these projects.
  I hope there are enough of my friends on the other side of the aisle 
who will step forward and do the right thing and support this 
bipartisan plan that will help stimulate the economy.
  I am not naive enough not to know that when this bill leaves here, 
whatever shape it is, it goes to a conference with the House. The 
President will be heavily involved in that. It will have the stamp of 
approval of the House and the Senate. But pressure is building, and 
that is why a majority of the Senate of the United States believes that 
this Senate stimulus package is a good piece of legislation. We have 
already established tonight, through the words of the Republican 
leader, that the House package is far from perfect, because he has 
acknowledged that he wants to change that. If we stand together on this 
bill--and Senators Baucus and Grassley have stood together--we can 
achieve something today that will make our economy stronger and make 
the American people proud that we have not forgotten the unemployed, 
that we have not forgotten the military folks who have given so much, 
and the seniors.
  I still often want to call my mother. I used to call my mother every 
day. She was a Social Security recipient. I know I can't call my 
mother, even though I want to on many occasions. But I do know that if 
she got this check like we are trying to give her and others similarly 
situated, she would spend that money if she were alive. She would have 
that money spent in a matter of a few days. So this is the right thing 
to do.
  The Senate should feel good that right now a bipartisan group of 
Senators, Democrats and Republicans, reported a bill out of the Senate 
Finance Committee and, after having done so, a bipartisan group of 
Democratic Senators and Republican Senators have joined together to 
say: Let's give the economy a boost. That is what this legislation will 
do.
  Our time has expired, or it will in a minute or so.
  Mr. President, as usual, we have people who want to get out of here 
and people who want to stay here. So we are going to wait until the 
time expires. So I will ask that we have a quorum call. There is just a 
minute or so left.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page 1429]]




                             cloture motion

  Under the previous order, pursuant to rule XXII, the Chair lays 
before the Senate the pending cloture motion, which the clerk will 
report.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on amendment No. 3983 
     to H.R. 5140, the economic stimulus bill.
         Herb Kohl, Max Baucus, Mark L. Pryor, Byron L. Dorgan, 
           Robert Menendez, Jon Tester, Christopher J. Dodd, 
           Barbara A. Mikulski, Joseph I. Lieberman, Frank R. 
           Lautenberg, Daniel K. Akaka, Sheldon Whitehouse, 
           Benjamin L. Cardin, Robert P. Casey, Jr., Richard 
           Durbin, Claire McCaskill, Harry Reid.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call is waived.
  The question is, Is it the sense of the Senate that debate on 
amendment No. 3983, offered by the Senator from Nevada, Mr. Reid, to 
H.R. 5140, shall be brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Arizona (Mr. McCain).
  The yeas and nays resulted--yeas 58, nays 41, as follows:

                       [Rollcall Vote No. 8 Leg.]

                                YEAS--58

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Brown
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Clinton
     Coleman
     Collins
     Conrad
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Feingold
     Feinstein
     Grassley
     Harkin
     Inouye
     Johnson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     McCaskill
     Menendez
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Rockefeller
     Salazar
     Sanders
     Schumer
     Smith
     Snowe
     Specter
     Stabenow
     Tester
     Webb
     Whitehouse
     Wyden

                                NAYS--41

     Alexander
     Allard
     Barrasso
     Bennett
     Bond
     Brownback
     Bunning
     Burr
     Chambliss
     Coburn
     Cochran
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Ensign
     Enzi
     Graham
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Isakson
     Kyl
     Lugar
     Martinez
     McConnell
     Murkowski
     Reid
     Roberts
     Sessions
     Shelby
     Stevens
     Sununu
     Thune
     Vitter
     Voinovich
     Warner
     Wicker

                             NOT VOTING--1

       
     McCain
       
  The PRESIDING OFFICER. On this vote, the yeas are 58, the nays are 
41. Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is rejected.
  Mr. REID. Mr. President, I enter a motion to reconsider the vote by 
which cloture was not invoked on the amendment.
  The PRESIDING OFFICER. The motion to reconsider is entered.
  Mr. REID. Mr. President, first, let me express my appreciation to 
everyone who took my calls, who listened to Democrats and Republicans 
asking them to vote for this very important stimulus package. It was a 
good debate. The American people would have been better for having done 
this, but I appreciate the bipartisan nature of this vote. Fifty-nine 
Senators joined together to do what they thought was the right thing 
for the country.
  I will have before the evening is out, in fact shortly, a 
conversation with the Republican leader in the immediate future this 
evening to let him know what I intend to do in the near future and not 
so near. So pending my conversation with the Republican leader, I note 
the absence of a quorum.
  The PRESIDING OFFICER (Ms. Cantwell). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DURBIN. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER (Mr. Casey). Without objection, it is so 
ordered.

                          ____________________




                            MORNING BUSINESS

  Mr. DURBIN. I ask unanimous consent that the Senate proceed to a 
period of morning business with Senators permitted to speak for up to 
10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                   RECOGNIZING EDWARD J. MOLITOR, SR.

  Mr. DURBIN. Mr. President, Ed Molitor has been coaching basketball at 
Palatine High School for so long that when the local paper reported on 
his retirement, the sports trivia question it ran included the name of 
his predecessor.
  When Ed Molitor was in college, he went to a playoff game between two 
Chicago high school basketball teams--DuSable and DePaul Academy. He 
credits this game with altering the course of his life.
  At the time, Ed Molitor was a premed student at St. Procopius 
College. When he wasn't consumed with his studies, he helped a friend 
coach basketball at an elementary school on the city's south side. It 
wasn't until he watched the two high school teams battle it out on the 
court, though, that he realized medicine wasn't his real passion. It 
was basketball. Molitor transferred to Roosevelt University and shifted 
his focus to education.
  After graduation, Molitor started as assistant coach of the DePaul 
Academy High School basketball team. As assistant coach, he worked 
under Coach Bill Gleason, who became both a mentor and friend. Molitor 
went on to coach basketball at Marist High School on the southwest side 
of Chicago.
  In 1976, Molitor became head coach of Palatine High School's varsity 
basketball team. He stayed for more than three decades. During his 32 
years at Palatine, Molitor coached more than 700 athletes. He left an 
indelible mark on the players, the school, and the community. No fewer 
than 16 of his former players have gone on to coach high school 
basketball, and 5 currently coach collegiate basketball.
  On December 28, 2007, Coach Molitor earned his 500th career victory. 
When honored with the game ball at a postgame ceremony, Molitor 
admitted that he hadn't been aware he was approaching this impressive 
milestone until he read about the achievement in the newspaper.
  Throughout his remarkable coaching career, Ed Molitor emphasized 
achievement off the court as much as on it. In his own words, ``you 
have to convince a kid he's got potential, not only in athletics, but 
in other walks of life.''
  Coach Molitor emphasizes the mental elements of the game over the 
physical, and this approach has brought him and his players success on 
the court and in life. He has led teams to six conference 
championships, seven regional titles, and two sectional championships.
  I am happy to report that his peers have recognized Ed Molitor's 
skills. On two occasions, he has been named Coach of the Year by the 
Illinois Basketball Coaches Association. In 1997, the association 
inducted Molitor into its Hall of Fame. Over the years, Coach Molitor 
has been selected to coach a number of regional, state, and national 
teams. He also sits on the All-State Selection Board.
  Ed Molitor has been a tremendous asset to Illinois high school 
basketball throughout his coaching career, but his greatest value has 
always been to his players. Today, I join the current and former 
members of Palatine High School's varsity basketball team in thanking 
Coach Molitor for his commitment to coaching and his passion for 
helping student-athletes develop character, discipline, and 
perseverance--skills that will prove valuable even after the season has 
ended.
  Mr. President, I congratulate Coach Ed Molitor on his accomplishments 
throughout his long and successful coaching career, and I wish him many 
more years of happiness and accomplishment in retirement.

[[Page 1430]]



                          ____________________




                       HONORING OUR ARMED FORCES


               Private First Class Christopher F. Pfeifer

  Mr. NELSON of Nebraska. Mr. President, I rise today to honor PFC 
Christopher F. Pfeifer of Spalding, Nebraska.
  Private First Class Pfeifer grew up in Spalding and, during high 
school, played football, as well as the drums in the school band. He 
enjoyed fishing, hunting, golfing, and especially music and playing his 
drums. His music teacher said he was one of the better drum players she 
had ever seen. After joining the Job Corps, he earned his high school 
diploma, and met his future wife, Karen. They married on March 22, 
2006, and 1 month later, he joined the U.S. Army, partly influenced by 
his brother's service as a Green Beret. His father said he loved the 
Army and, after completing his military commitment, wanted to use the 
G.I. bill to go to college.
  Private First Class Pfeifer was serving in support of Operation 
Enduring Freedom, assigned to the 1st Squadron, 91st Cavalry Regiment, 
173rd Airborne Brigade Combat Team, in Schweinfurt, Germany. On August 
17, 2007, his unit came under enemy fire near Kamu, Afghanistan. 
Private First Class Pfeifer sustained wounds while bravely trying to 
pull fellow soldiers to safety. He passed away on September 25, 2007, 
at Brooke Army Medical Center, Fort Sam Houston, San Antonio, TX. 
Private First Class Pfeifer was posthumously awarded the Purple Heart.
  Private First Class Pfeifer is survived by his wife Karen and their 
newborn daughter Peyton; his parents Michael and Darlina Pfeifer of 
Spalding, NE; his brother, Aaron of Fort Bragg, NC; and his sister 
Nichole, of Hauppauge, NY. I offer my most sincere condolences to the 
family and friends of Private First Class Pfeifer. He made the ultimate 
and most courageous sacrifice for our Nation, and his daughter will 
grow up knowing her father is a hero. I join all Americans in grieving 
the loss of this remarkable young man and know that Private First Class 
Pfeifer's passion for serving, his leadership, and his selflessness 
will remain a source of inspiration for us all.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                        HONORING B. LYN BEHRENS

 Mrs. BOXER. Mr. President, today I ask my colleagues to join 
me in honoring Dr. Lyn Behrens as she retires as president and CEO of 
Loma Linda University Adventist Health Sciences Center, drawing to a 
close a successful career in medicine and civic leadership.
  After completing her degree in medicine from the Sydney University 
School of Medicine in Australia in 1964, Dr. Behrens became the first 
and only pediatric resident at Loma Linda University Medical Center in 
1966. By 1986, Dr. Behrens was the first female Dean of the School of 
Medicine, and by 1990 she had become the first female President of Loma 
Linda University. Five years later she assumed the position of CEO of 
Adventist Health System, which soon became the Loma Linda University 
Adventist Health Science Center. In 1999, Dr. Behrens was chosen to 
serve as President of Loma Linda University Medical Center. Loma Linda 
University and Medical Center has prospered under her leadership, and 
has become a preeminent institution for patient care and medical 
technology. I have had the pleasure of visiting Loma Linda University 
and have found Dr. Behrens to be an exemplary model to her colleagues, 
capable of bringing out the best in her associates.
  During Behrens' tenure, Loma Linda University witnessed the 
development of a dedicated children's hospital with the most advanced 
equipment and methodology. The university has also witnessed the 
development of a center for behavioral medicine, as well as a 
rehabilitation, orthopaedic and neurosciences institute. The university 
has also added new schools of pharmacy and science and technology, and 
has worked diligently to foster its interaction with local research 
institutes to develop innovation in the use of global information 
systems to assist with emergency medical response. The first hospital-
based center for proton therapy and research has also been developed 
under Behrens' tenure, and has become a leading institution in the 
treatment of cancer. The university has taken great strides to improve 
care and support for our Nation's veterans at the Jerry L. Pettis 
Memorial VA Medical Center.
  Dr. Behrens has also been a dynamic leader in her community, working 
to ensure positive community service to her area and throughout the 
world. She has been instrumental in bringing to fruition a great number 
of social and community services organizations and programs. Programs 
such as the Social Action Community Health Services Clinic, 
PossAbilities, Community Kids Connection and Operation Jessica, have 
brought medical and social support to a broad group of individuals. 
These organizations have assisted special needs and at-risk children 
and teens, and developed after-school programs and ESL--English Second 
Language--programs. Dr. Behrens' leadership has also provided for 
increased medical and community support internationally, providing 
support in 12 nations, including the only teaching hospital in Kabul, 
Afghanistan, and the most advanced hospital in mainland China.
  As she retires from more than four decades of service and leadership 
in medicine to the communities of California and beyond, I am pleased 
to ask my colleagues to recognize her for a career of visionary 
leadership. The future of medical education, research, and service will 
be forever changed thanks to her bold leadership.

                          ____________________




                     50 YEARS OF SPACE EXPLORATION

 Mrs. BOXER. Mr. President, I ask my colleagues to join me in 
recognizing and honoring the California Institute of Technology's Jet 
Propulsion Laboratory, JPL, in Pasadena, CA, for 50 years of space 
exploration. Since the launch of Explorer I, America's first 
spacecraft, on January 31, 1958, JPL has made momentous and historic 
contributions to our scientific understanding of our vast universe.
  For the past five decades, the Jet Propulsion Laboratory has been a 
respected leader in furthering scientific knowledge around the world. 
Explorer 1 was built in less than 3 months, and was the first 
spacecraft ever launched into space that actually revolved around Earth 
and provided scientific findings from space. The immense success of 
Explorer I led to the passage of the Space Act in 1958, which 
established the National Aeronautics and Space Administration (NASA).
  Since the inception of NASA, JPL has been on the forefront of science 
and technology through its research and exploration of every known 
planet in our solar system. Subsequent to the success of Explorer I, 
JPL has continued to have a central role in accomplished space 
missions, such as exploring our vast solar system with Voyager 1 and 2 
and the Mars Exploration Rovers. JPL has also been instrumental in 
understanding our planet.
  I congratulate the California Institute of Technology's Jet 
Propulsion Laboratory on 50 years of successful and insightful space 
exploration, and thank the original members of the Explorer I team for 
their contribution to American history.

                          ____________________




                   BEST COMMUNITIES FOR YOUNG PEOPLE

 Ms. KLOBUCHAR. Mr. President, each year, the America's Promise 
Alliance names the 100 Best Communities for Young People in the Nation. 
Today, I am proud to honor five Minnesota towns that have achieved this 
tremendous designation--Landfall, Mankato, Northfield, Saint Louis 
Park, and Saint Paul, MN.
  The 100 Best Communities for Young People is an annual competition 
that recognizes outstanding community-wide efforts that improve the 
well-being of youth and inspire other localities to take action.
  There is apparently much to find inspiration from, as two previous 
award winners have now become five--a strong showing from the great 
State of Minnesota.

[[Page 1431]]

  Each of these five Minnesota communities demonstrated a commitment to 
community support of children through resources including effective 
education, safe gathering places, and a wide range of programming. 
Their commitment generates real outcomes in the form of high graduation 
rates and educational achievement, healthy behaviors, and civic 
engagement by their young population.
  Landfall, MN, is a small town with big plans for its young people. A 
town of just 700, they place a premium on expanding the horizons of 
young people. They provide students with ``Extra Innings,'' a tutoring 
and mentoring program that gives elementary through high school 
students one-on-one help with math, reading, and English as a second 
language.
  Mankato, MN, a three-time winner of this honor, prides itself on 
embracing young people to help them reach their fullest potential. 
Among their initiatives is the LinkCrew, which pairs high school 
freshmen with junior and senior year mentors to help them make a 
successful transition to high school. And, as the town that raised six 
Bessler boys, including my husband John, I know firsthand of the high-
caliber young people Mankato produces.
  Northfield, MN, used to be a farm town, centered between corn and 
wheat fields. Now, anchored by two of our Nation's preeminent colleges, 
Carleton College and Saint Olaf College, Northfield has become an 
enriching place for young people. The Mayor's Youth Council allows 
students ages 15 to 18 to advise the mayor and city council on issues 
related to the young population.
  Saint Louis Park, MN, is also a three-time winner. They welcome youth 
into their process of government, inviting them to participate in 
decisionmaking on special neighborhood and community issues. Among 
other attractions, it is home to 51 parks thanks to the city's 
initiative to reserve a percentage of all city land for public parks. 
And in a special nod to its young population, the city's Web site lists 
the best sledding hills in its community.
  Saint Paul, MN, is our State's capital city and a shining example of 
how to engage children after school hours. Through the Second Shift and 
After School Initiatives, they provide positive places for children to 
spend their afternoons, develop new skills, and obtain academic 
assistance.
  From his theatre in downtown Saint Paul, Minnesota's native son, 
Garrison Keillor, refers to his fictional Minnesota town of Lake 
Wobegon as a place where ``all the women are strong, all the men are 
good-looking, and all the children are above average.'' These five 
towns have certainly proven Keillor's words are more truth than 
fiction.
  I am proud to represent five of America's Best Communities for Young 
People and to congratulate them before the U.S. Senate.

                          ____________________




                   RECOGNIZING SAINT CLOUD, MINNESOTA

 Ms. KLOBUCHAR. Mr. President, today I wish to recognize a 
great achievement by the City of Saint Cloud, MN.
  St. Cloud, MN, is located on the banks of the Mississippi River, 60 
miles northwest of the Twin Cities. When it was founded more than 150 
years ago, it was known as the Granite City. But now it also bears the 
title of the Most Livable Community in the World.
  The LivCom Awards are the world's only competition for local 
communities that focuses on environmental management and the creation 
of livable communities. This year, they have named Saint Cloud the 
``Most Livable Community in the World.''
  This award is a deserved honor and recognition of the outstanding 
efforts being undertaken by the City of Saint Cloud to create a livable 
and sustainable community.
  The awards encourage best practice, innovation, and leadership in 
providing vibrant, environmentally sustainable communities that improve 
the quality of life for their residents and people worldwide.
  Among the goals of the award is to model innovative community 
planning and living for other communities. I hope that Saint Cloud will 
inspire other communities to tackle challenging environmental and 
energy issues facing our nation.
  Saint Cloud topped entrants from more than 50 countries. The 
residents of Saint Cloud, the Most Livable City in the World, have much 
to be proud of.
  I ask that you join me in congratulating the world's most livable 
community, Saint Cloud, MN.

                          ____________________




               IN HONOR OF 2ND LIEUTENANT SETH C. PIERCE

 Mr. NELSON of Nebraska. Mr. President, today I wish to honor 
2LT Seth Pierce of Lincoln, NE.
  Lieutenant Pierce was a proud member of the U.S. Marine Corps, whose 
friends remember him as a dedicated and passionate person who ``wore 
his heart on his sleeve.'' While attending Lincoln Southeast High 
School, he ran the first leg on his relay team and won the State 
championship in 2001. His coach described his team as ``the most 
overachieving boys I've ever coached. They won because they were 
connected to each other.''
  A 2002 graduate of Lincoln Southeast High School and a 2006 graduate 
of Arizona State University, Lieutenant Pierce was commissioned as a 
second lieutenant in the U.S. Marine Corps in December 2006. Leutenant 
Pierce passed away due to a car accident on October 21, 2007, in 
Quantico, VA, where he was stationed.
  Lieutenant Pierce is survived by his parents, Larry and Linda Pierce 
of Surprise, AZ; his brother and sister-in-law, Aaron and Crystal 
Pierce, of Omaha; and his grandparents, Edwin and Ruth Steffens and 
Luther and Esther Pierce, all of Lincoln. I offer my most sincere 
condolences to the family and friends of Lieutenant Pierce. His noble 
service to the United States of America is to be respected and 
appreciated. The loss of this remarkable marine is felt by all 
Nebraskans, and his courage to follow his dreams will remain as an 
inspiration.

                          ____________________




                       RECOGNIZING HODGDON YACHTS

 Ms. SNOWE. Mr. President, today I commend a Maine business 
that last month unveiled a remarkably sturdy vessel for use by our 
Nation's Navy SEALs, a project for which I was honored to secure 
funding for. Hodgdon Yachts of East Boothbay, a family-owned company 
for five generations, has been a source of pride for Maine's 
boatbuilding industry for nearly 200 years, and its recent 
accomplishment is without a doubt one of its most impressive.
  Hodgdon Yachts began building boats in 1816, when the company 
launched the 42-foot schooner Superb. Since then, Hodgdon Yachts has 
developed a reputation as one of New England's premier shipbuilders, 
persevering through difficult times and continually reevaluating its 
company's methods to be consistently on the cutting edge of the latest 
technologies. Of particular note for the State of Maine is Hodgdon's 
1921 schooner Bowdoin, named for the Brunswick alma mater of Arctic 
explorer Donald MacMillan. The boat proved itself an invaluable tool in 
Arctic research and sailed more than 300,000 miles over 26 icy voyages 
in its career. Prior to the Bowdoin, the company turned its attention 
to building submarine chasers for the military in World War I, and 
continued its defense work by gaining minesweeper and troop transport 
contracts during both World War II and the Korean war.
  By the late 1950s, Hodgdon Yachts returned to building more 
traditional wooden yachts for a variety of customers. By the mid-1980s, 
the company began to modernize its shipbuilding, providing clients with 
yachts of superb quality and strength while employing innovative 
technology in the creation of its boats. Hodgdon Yachts recently began 
using carbon Kevlar deposits to construct its yachts to make the boats 
as strong and secure as possible.
  Hodgdon's proficiency in using Kevlar proved useful when, in May 
2005, the company won a contract from the U.S. Navy's Office of Naval 
Research to

[[Page 1432]]

build the prototype for a new special operations craft using these 
composites. The ship has a foam core surrounded by multiple layers of 
carbon, and its durability its reinforced by an outer layer of Kevlar. 
On January 11, 2008, the company launched this prototype, the 82-foot 
Mako V.1, named for a shark that frequents the Gulf of Maine's waters. 
It is the first Navy vessel constructed with carbon-fiber technology 
and was designed to protect Navy SEALs from injuries caused by the 
harsh conditions of the seas. Hodgdon teamed up with Maine Marine 
Manufacturing and the University of Maine in completing the Mako V.1, 
and I am so proud of the role that each played in supporting our 
nation's armed forces. I look forward to successful trials by the Navy 
and the continued role Hodgdon Yachts will play in the production of 
this fine vessel.
  Throughout its history, Hodgdon Yachts has produced over 400 yachts 
and ships, perhaps none more vital than its latest. The company's work 
to keep shipbuilding alive and well in Maine is well documented, 
including President Tim Hodgdon's involvement in the formation of Maine 
Built Boats, an alliance whose goal is to present Maine's boatbuilding 
industry to a wider global audience. I firmly believe that, given our 
seafaring history and established work ethic, Mainers build the best 
ships, and Hodgdon Yachts only further exemplifies this tradition. I 
commend everyone at Hodgdon Yachts for their remarkable accomplishment 
in the Mako V.1, and wish them well in their future boatbuilding 
endeavors. 

                          ____________________




                          TRIBUTE TO JOHN ROCK

 Mr. THUNE. Mr. President, today I wish to honor the life of 
John Rock, who passed away in November of 2007. John was an invaluable 
member of the Black Hills community, and he will be truly missed by all 
who knew him.
  John will be remembered for his dedication to service in the Black 
Hills region. He made many invaluable contributions to the region 
through his extensive knowledge and life experiences. This dedication 
was evident through John's support of the Mammoth Site museum in Hot 
Springs, SD. He worked with the finance/personnel and governance 
committees and the board of directors of the Mammoth Site of Hot 
Springs, SD, Inc., from 2001 to 2007.
  In addition to his being recognized by the Mammoth Site board, two 
theater seats will be dedicated to John and his wife Bonnie. A plaque 
in John's honor will also be placed on the Memorial Wall at the Mammoth 
Site.
  John Rock's absence will be deeply felt in the Black Hills community. 
He was a truly dedicated individual who will be remembered for his 
lifetime of service to others.

                          ____________________




                   TRIBUTE TO VIOREL G. ``VI'' STOIA

 Mr. THUNE. Mr. President, today I wish to honor Viorel G. 
``Vi'' Stoia, a great South Dakotan who passed away on January 28, 
2008.
  Vi Stoia was born on February 13, 1924 in Aberdeen, SD, and began his 
lifetime of service and leadership at Aberdeen Central High School 
where he served as senior class president. Vi continued this leadership 
and service while he served in the U.S. Navy and attended the 
University of Minnesota. In 1949, Vi graduated with a degree in 
business administration and married his lifelong companion, Donna Marie 
Maurseth.
  Vi's thirst for knowledge along with his extraordinary leadership 
abilities served him well during his lifetime. His long and illustrious 
professional career included countless distinguished appointments, 
awards, and honors.
  Vi will be remembered by the Aberdeen community because of his 
exuberant service and dedication to constant improvement of the city, 
county, and State. Vi was a member of numerous community organizations, 
including the Aberdeen Jaycees and the Aberdeen Area Chamber of 
Commerce. Additionally, Vi's dedication and leadership were 
instrumental in rallying support for dozens of community projects.
  The profound wisdom and deep commitment that Vi possessed is 
reflected through his role in the businesses, health organizations, 
educational affiliations, and political organizations for which he so 
diligently served throughout his life. Vi also received many awards 
recognizing his excellent work and service including: Distinguished 
Alumni Award--NSU, 1976; the George Award, 1979 and 1994; South Dakota 
Community Volunteer of the Year, 1991; Distinguished Service Award, 
Excellence in Economic Development, 2000; and South Dakota Medal of 
Distinguished Excellence, 2008.
  Vi will be lovingly remembered by his wife Donna as well as his 
children and grandchildren as a loving husband, father, and a great 
man. He will forever remain in our hearts for his contributions to the 
Aberdeen area and the entire State of South Dakota. Few men will ever 
give as much of themselves or make as much of a difference in the lives 
of others as Vi Stoia. Today we celebrate the life and accomplishments 
of this great man. Although he does not stand among us, his legacy will 
live on for a time without end. For all that has been accomplished and 
achieved, for all of the lives that have been touched and enhanced, 
thank you, and God bless Viorel G. Stoia.

                          ____________________




                      MESSAGES FROM THE PRESIDENT

  Messages from the President of the United States were communicated to 
the Senate by Mr. Williams, one of his secretaries.

                          ____________________




                      EXECUTIVE MESSAGES REFERRED

  As in executive session the Presiding Officer laid before the Senate 
messages from the President of the United States submitting sundry 
nominations and a treaty which were referred to the appropriate 
committees.
  (The nominations received today are printed at the end of the Senate 
proceedings.)

                          ____________________




REPORT ON THE CONTINUATION OF THE NATIONAL EMERGENCY THAT WAS DECLARED 
  WITH RESPECT TO THE GOVERNMENT OF CUBA'S DESTRUCTION OF TWO UNARMED 
                U.S.-REGISTERED CIVILIAN AIRCRAFT--PM 36

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Banking, Housing, and 
Urban Affairs:

To the Congress of the United States:
  Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) 
provides for the automatic termination of a national emergency unless, 
prior to the anniversary date of its declaration, the President 
publishes in the Federal Register and transmits to the Congress a 
notice stating that the emergency is to continue in effect beyond the 
anniversary date. In accordance with this provision, I have sent the 
enclosed notice to the Federal Register for publication, which states 
that the national emergency declared with respect to the Government of 
Cuba's destruction of two unarmed U.S.-registered civilian aircraft in 
international airspace north of Cuba on February 24, 1996, as amended 
and expanded on February 26, 2004, is to continue in effect beyond 
March 1, 2008.
                                                      George W. Bush.  
The White House, February 6, 2008.

                          ____________________




                         MESSAGE FROM THE HOUSE

                                 ______
                                 

                          ENROLLED BILL SIGNED

  At 2:31 p.m., a message from the House of Representatives, delivered 
by Ms. Niland, one of its reading clerks, announced that the Speaker 
has signed the following enrolled bill:

       H.R. 4253. An act to improve and expand small business 
     assistance programs for veterans of the armed forces and 
     military reservists, and for other purposes.

  The enrolled bill was subsequently signed by the President pro 
tempore (Mr. Byrd).

                          ____________________




                      MEASURES READ THE FIRST TIME

  The following bill was read the first time:

       S. 2596. A bill to rescind funds appropriated by the 
     Consolidated Appropriations Act,

[[Page 1433]]

     2008, for the City of Berkeley, California, and any entities 
     located in such city, and to provide that such funds shall be 
     transferred to the Operation and Maintenance, Marine Corps 
     account of the Department of Defense for the purposes of 
     recruiting.

                          ____________________




                   EXECUTIVE AND OTHER COMMUNICATIONS

  The following communications were laid before the Senate, together 
with accompanying papers, reports, and documents, and were referred as 
indicated:

       EC-4881. A communication from the Chairman and President, 
     Export-Import Bank of the United States, transmitting, 
     pursuant to law, an annual report relative to the Bank's 
     operations during fiscal year 2007; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-4882. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fluopicolide; Pesticide Tolerance'' (FRL No. 8341-6) 
     received on January 28, 2008; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-4883. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Boscalid; Denial of Objections'' (FRL No. 8347-3) received 
     on January 28, 2008; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-4884. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendments 
     of Section 73.202(b), Table of Allotments, FM Broadcast 
     Stations (Live Oak, Florida)'' (MB Docket No. 07-131) 
     received on January 28, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4885. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment of 
     Section 73.202(b), Table of Allotments, FM Broadcast Stations 
     (Charlo, Montana)'' (MB Docket No. 07-143) received on 
     January 28, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4886. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Carriage of 
     Digital Television Broadcast Signals: Amendment to Part 76 of 
     the Commission's Rules'' ((FCC 07-170)(CS Docket No. 98-120)) 
     received on January 28, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4887. A communication from the Deputy Chief, Consumer 
     and Governmental Affairs Bureau, Federal Communications 
     Commission, transmitting, pursuant to law, the report of a 
     rule entitled ``Telecommunications Relay Services and Speech-
     to-Speech Services for Individuals with Hearing and Speech 
     Disabilities, Report and Order and Declaratory Ruling'' ((FCC 
     07-186)(CG Docket No. 03-123)) received on January 28, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-4888. A communication from the Administrator, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, an annual report relative to the implementation of 
     Public Law 106-107 during fiscal year 2007; to the Committee 
     on Environment and Public Works.
       EC-4889. A communication from the Acting Director, Fish and 
     Wildlife Service, Department of the Interior, transmitting, 
     pursuant to law, the report of a rule entitled ``Endangered 
     and Threatened Wildlife and Plants; Revision of Special 
     Regulation for the Central Idaho and Yellowstone Area 
     Nonessential Experimental Populations of Gray Wolves in the 
     Northern Rocky Mountains'' (RIN1018-AV39) received on January 
     28, 2008; to the Committee on Environment and Public Works.
       EC-4890. A communication from the Acting Assistant 
     Secretary for Fish, Wildlife and Parks, Department of the 
     Interior, transmitting, pursuant to law, the report of a rule 
     entitled ``Endangered and Threatened Wildlife and Plants; 
     Revised Designation of Critical Habitat for the Tidewater 
     Goby (Eucyclogobius newberryi)'' (RIN1018-AU81) received on 
     January 28, 2008; to the Committee on Environment and Public 
     Works.
       EC-4891. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Health and Safety Data Reporting; Addition of Certain 
     Chemicals'' ((RIN2070-AB11)(FRL No. 8154-2)) received on 
     January 28, 2008; to the Committee on Environment and Public 
     Works.
       EC-4892. A communication from the Program Manager, 
     Administration for Children and Families, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Reauthorization of Temporary 
     Assistance for Needy Families Program'' (RIN0970-AC27) 
     received on January 28, 2008; to the Committee on Finance.
       EC-4893. A communication from the Assistant Secretary for 
     Policy, Department of Labor, transmitting, pursuant to law, a 
     report relative to the impact of increased minimum wages on 
     the economies of American Samoa and the Commonwealth of the 
     Northern Mariana Islands; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-4894. A communication from the Deputy Under Secretary 
     for Management, Department of Homeland Security, 
     transmitting, pursuant to law, an annual report relative to 
     the Department's competitive sourcing efforts during fiscal 
     year 2007; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-4895. A communication from the Senior Procurement 
     Executive, Office of the Chief Acquisition Officer, 
     Department of Defense, transmitting, pursuant to law, the 
     report of a rule entitled ``Federal Acquisition Regulation; 
     Federal Acquisition Circular 2005-23'' (FAC 2005-23) received 
     on January 28, 2008; to the Committee on Homeland Security 
     and Governmental Affairs.
       EC-4896. A communication from the Acting Staff Director, 
     U.S. Commission on Civil Rights, transmitting, pursuant to 
     law, a report relative to the Commission's recent appointment 
     of members to the Kansas Advisory Committee; to the Committee 
     on the Judiciary.
       EC-4897. A communication from the Acting Staff Director, 
     U.S. Commission on Civil Rights, transmitting, pursuant to 
     law, a report relative to the Commission's recent appointment 
     of members to the Missouri Advisory Committee; to the 
     Committee on the Judiciary.
       EC-4898. A communication from the Acting Staff Director, 
     U.S. Commission on Civil Rights, transmitting, pursuant to 
     law, a report relative to the Commission's recent appointment 
     of members to the District of Columbia Advisory Committee; to 
     the Committee on the Judiciary.
       EC-4899. A communication from the Acting Staff Director, 
     U.S. Commission on Civil Rights, transmitting, pursuant to 
     law, a report relative to the Commission's recent appointment 
     of members to the South Carolina Advisory Committee; to the 
     Committee on the Judiciary.
       EC-4900. A communication from the Chairman, Federal 
     Election Commission, transmitting, pursuant to law, a report 
     relative to its budget request for fiscal year 2009; to the 
     Committee on Rules and Administration.
       EC-4901. A communication from the Congressional Review 
     Coordinator, Animal and Plant Health Inspection Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Change in Disease Status of 
     Surrey County, England, Because of Foot-and-Mouth Disease'' 
     (Docket No. APHIS-2007-0124) received on January 31, 2008; to 
     the Committee on Agriculture, Nutrition, and Forestry.
       EC-4902. A communication from the Congressional Review 
     Coordinator, Animal and Plant Health Inspection Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Mexican Fruit Fly; Removal of 
     Quarantined Area'' (Docket No. APHIS-2007-0129) received on 
     January 31, 2008; to the Committee on Agriculture, Nutrition, 
     and Forestry.
       EC-4903. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Inert Ingredients: Denial of Pesticide Petitions 2E6491, 
     7E4810, and 7E4811'' (FRL No. 8342-4) received on February 4, 
     2008; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-4904. A communication from the Assistant Secretary of 
     Defense (Homeland Defense and Americas' Security Affairs), 
     transmitting, pursuant to law, a report relative to 
     assistance provided by the Department to civilian sporting 
     events during calendar year 2007; to the Committee on Armed 
     Services.
       EC-4905. A communication from the Director, Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, a report relative to service 
     charges imposed on one component of the Department for 
     purchases made through another component of the Department; 
     to the Committee on Armed Services.
       EC-4906. A communication from the Under Secretary of 
     Defense (Comptroller), transmitting, pursuant to law, a 
     report entitled ``Acceptance of Contributions for Defense 
     Programs, Projects, and Activities; Defense Cooperation 
     Account''; to the Committee on Armed Services.
       EC-4907. A communication from the Secretary of the 
     Treasury, transmitting, pursuant to law, a six-month periodic 
     report on the national emergency that was declared in 
     Executive Order 13441 with respect to Lebanon; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-4908. A communication from the President of the United 
     States, transmitting, pursuant to law, a report on the 
     continuation of the national emergency that was declared with 
     respect to the conflict in the Cote d'Ivoire; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-4909. A communication from the Chief Counsel, Federal 
     Emergency Management Agency, Department of Homeland Security, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Suspension of Community Eligibility'' (72 FR 73651) 
     received on January 31, 2008; to the Committee on Banking, 
     Housing, and Urban Affairs.

[[Page 1434]]


       EC-4910. A communication from the Secretary, Federal Trade 
     Commission, transmitting, pursuant to law, the report of a 
     rule entitled ``Rule Concerning Disclosures Regarding Energy 
     Consumption and Water Use of Certain Home Appliances and 
     other Products Required Under the Energy Policy and 
     Conservation Act'' (RIN 3084-AA74) received on February 5, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4911. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures (28); Amdt. No. 
     3247'' (RIN 2120-AA65) received on February 4, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-4912. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Part 95 Instrument Flight Rules (18); Amdt. No. 471'' (RIN 
     2120-AA63) received on February 4, 2008; to the Committee on 
     Commerce, Science, and Transportation.
       EC-4913. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures (1); Amdt. No. 
     3246'' (RIN 2120-AA65) received on February 4, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-4914. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures (3); Amdt. No. 
     3248'' (RIN 2120-AA65) received on February 4, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-4915. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment of Class E Airspace; Du Bois, PA'' ((RIN 2120-
     AA66)(Docket No. 05-AEA-17)) received on February 4 , 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-4916. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment of Class E Airspace; Aguadilla, PR'' ((RIN 2120-
     AA66)(Docket No. 07-ASO-22)) received on February 4, 2008; to 
     the Committee on Commerce, Science, and Transportation.
       EC-4917. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures (97); Amdt. No. 
     3245'' (RIN 2120-AA65) received on February 4, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-4918. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment of Class E Airspace; Williamsport, PA'' ((RIN 
     2120-AA66)(Docket No. 05-AEA-19)) received on February 4, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4919. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Class E Airspace; Hailey, ID'' ((RIN 2120-
     AA66)(Docket No. 07-ANM-8)) received on February 4, 2008; to 
     the Committee on Commerce, Science, and Transportation.
       EC-4920. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Class E Airspace; Beaver, UT'' ((RIN 2120-
     AA66)(Docket No. 06-ANM-12)) received on February 4, 2008; to 
     the Committee on Commerce, Science, and Transportation.
       EC-4921. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Class E Airspace; Muncy, PA'' ((RIN 2120-
     AA66)(Docket No. 07-AEA-08)) received on February 4, 2008; to 
     the Committee on Commerce, Science, and Transportation.
       EC-4922. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Class E Airspace; Tappahannock, VA'' ((RIN 
     2120-AA66)(Docket No. 07-AEA-04)) received on February 4, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4923. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment of Class E Airspace; St. Mary's, PA'' ((RIN 2120-
     AA66)(Docket No. 05-AEA-20)) received on February 4, 2008; to 
     the Committee on Commerce, Science, and Transportation.
       EC-4924. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Modification of Class E Airspace; Lee's Summit, MO'' ((RIN 
     2120-AA66)(Docket No. 07-ACE-10)) received on February 4, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4925. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Modification of Class E Airspace; Fort Scott, KS'' ((RIN 
     2120-AA66)(Docket No. 07-ACE-8)) received on February 4, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4926. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment of Class E Airspace; Philipsburg, PA'' ((RIN 
     2120-AA66)(Docket No. 05-AEA-21)) received on February 4, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4927. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment of Class E Airspace; Pottsville, PA'' ((RIN2120-
     AA66)(Docket No. 05-AEA-18)) received on February 4, 2008; to 
     the Committee on Commerce, Science, and Transportation.
       EC-4928. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Eclipse Aviation Corporation 
     Model EA500 Airplanes'' ((RIN2120-AA64)(Docket No. 2007-CE-
     083)) received on February 4, 2008; to the Committee on 
     Commerce, Science, and Transportation.
       EC-4929. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 747-100B SUD, 747-
     200B, 747-300, 747-400, and 747-400D Series Airplanes'' 
     ((RIN2120-AA64)(Docket No. 2007-NM-306)) received on February 
     4, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4930. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; CFM International, S.A. CFM56-
     5C4/1 Series Turbofan Engines'' ((RIN2120-AA64)(Docket No. 
     2001-NE-15)) received on February 4, 2008; to the Committee 
     on Commerce, Science, and Transportation.
       EC-4931. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Bell Helicopter Textron Canada 
     Model 206A and 206B Helicopters'' ((RIN2120-AA64)(Docket No. 
     2007-SW-14)) received on February 4, 2008; to the Committee 
     on Commerce, Science, and Transportation.
       EC-4932. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 737-100, -200, -
     200C, -300, -400, and -500 Series Airplanes'' ((RIN2120-
     AA64)(Docket No. 2007-NM-221)) received on February 4, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-4933. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Bell Helicopter Textron Canada 
     Limited Model 206A, 206B, 206L, 206L-1, 206L-3, 206L-4, 222, 
     222B, 222U, 230, 407, 427, and 430 Helicopters'' ((RIN2120-
     AA64)(Docket No. 2007-SE-36)) received on February 4, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-4934. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Cessna Aircraft Company, Model 
     525B Airplanes'' ((RIN2120-AA64)(Docket No. 2007-CE-085)) 
     received on February 4, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4935. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Diamond Aircraft Industries Model 
     DA 42 Airplanes'' ((RIN2120-AA64)(Docket No. 2007-CE-067)) 
     received on February 4, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4936. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Aeromot-Industria Mecanico 
     Metalurgica Ltda. Model AMT-100/200/200S/300 Gliders'' 
     ((RIN2120-AA64)(Docket No. 2007-CE-066)) received on February 
     4, 2008; to the Committee on Commerce, Science, and 
     Transportation.

[[Page 1435]]


       EC-4937. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Bell Helicopter Textron, Inc. 
     Model 204B, 205A, 205A-1, 205B, 210, 212, 412, 412EP, and 
     412CF Helicopters'' ((RIN2120-AA64)(Docket No. 2007-SW-37)) 
     received on February 4, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4938. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures (68); Amdt. No. 
     3241'' (RIN2120-AA65) received on February 4, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-4939. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures (101); Amdt. No. 
     3243'' (RIN2120-AA65) received on February 4, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-4940. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures (8); Amdt. No. 
     3244'' (RIN2120-AA65) received on February 4, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-4941. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Standard Instrument Approach Procedures (67); Amdt. No. 
     3249'' (RIN2120-AA65) received on February 4, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-4942. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Bell Helicopter Textron Canada 
     Model 206A and 206B Series Helicopters'' ((RIN2120-
     AA64)(Docket No. 2007-SW-12)) received on February 4, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-4943. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Bell Helicopter Textron, Inc. 
     Model 205A, 205A-1, 205B, 212, 412, 412CF, and 412EP 
     Helicopters'' ((RIN2120-AA64)(Docket No. 2005-SW-37)) 
     received on February 4, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4944. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Rolls-Royce plc RB211 Trent 768-
     60, 772-60, 772B-60, and 772C-60 Turbofan Engines'' 
     ((RIN2120-AA64)(Docket No. 2007-NE-28)) received on February 
     4, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4945. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Fokker Model F.28 Mark 0070 and 
     0100 Airplanes'' ((RIN2120-AA64)(Docket No. 2007-NM-133)) 
     received on February 4, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4946. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Airbus Model A300-600 Series 
     Airplanes'' ((RIN2120-AA64)(Docket No. 2006-NM-218)) received 
     on February 4, 2008; to the Committee on Commerce, Science, 
     and Transportation.
       EC-4947. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 757-200, -200PF, and 
     -200CB Series Airplanes'' ((RIN2120-AA64)(Docket No. FAA-
     2007-27560)) received on February 4, 2008; to the Committee 
     on Commerce, Science, and Transportation.
       EC-4948. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Airbus Model A300 Series 
     Airplanes'' ((RIN2120-AA64) (Docket No. 2006-NM-182)) 
     received on February 4, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4949. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Airbus Model A330 Airplanes'' 
     ((RIN2120-AA64)(Docket No. 2007-NM-229)) received on February 
     4, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4950. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Airbus Model A330-200, A330-300, 
     A340-200, A340-300, A340-500, and A340-600 Series Airplanes'' 
     ((RIN2120-AA64)(Docket No. 2007-NM-241)) received on February 
     4, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4951. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Goodrich Evacuation Systems 
     Approved Under Technical Standard Order TSO-C69b and 
     Installed on Airbus Model A330-200 and -300 Series Airplanes, 
     Model A340-200 and -300 Series Airplanes, and Model A340-541 
     and -642 Airplanes'' ((RIN2120-AA64)(Docket No. 2007-NM-035)) 
     received on February 4, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4952. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; CTRM Aviation Sdn. Bhd. Model 
     Eagle 150B Airplanes'' ((RIN2120-AA64)(Docket No. 2007-CE-
     069)) received on February 4, 2008; to the Committee on 
     Commerce, Science, and Transportation.
       EC-4953. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; EADS SOCATA Model TBM 700 
     Airplanes'' ((RIN2120-AA64)(Docket No. 2007-CE-081)) received 
     on February 4, 2008; to the Committee on Commerce, Science, 
     and Transportation.
       EC-4954. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Airbus Model A330 Airplanes'' 
     ((RIN2120-AA64)(Docket No. 2007-NM-229)) received on February 
     4, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4955. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 707 Airplanes and 
     Model 720 and 720B Series Airplanes'' ((RIN2120-AA64)(Docket 
     No. 2007-NM-010)) received on February 4, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-4956. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 747-400, 747-400D, 
     and 747-400F Series Airplanes; Model 757-200 Series 
     Airplanes; and Model 767-200, 767-300, and 767-300F Series 
     Airplanes'' ((RIN2120-AA64)(Docket No. 2007-NM-088)) received 
     on February 4, 2008; to the Committee on Commerce, Science, 
     and Transportation.
       EC-4957. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Cessna Model 560 Airplanes'' 
     ((RIN2120-AA64)(Docket No. 2007-NM-234)) received on February 
     4, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4958. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 767-200, -300, and -
     300F Series Airplanes'' ((RIN2120-AA64)(Docket No. 2007-NM-
     108)) received on February 4, 2008; to the Committee on 
     Commerce, Science, and Transportation.
       EC-4959. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Boeing Model 777 Airplanes'' 
     ((RIN2120-AA64)(Docket No. 2005-NM-164)) received on February 
     4, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4960. A communication from the Assistant Chief Counsel 
     for Hazardous Materials Safety, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Hazardous Materials; Miscellaneous Amendments'' (RIN2137-
     AE10) received on February 4, 2008; to the Committee on 
     Commerce, Science, and Transportation. 

                          ____________________




                    EXECUTIVE REPORTS OF COMMITTEES

  The following executive reports of nominations were submitted:

       By Mr. LEVIN for the Committee on Armed Services.
       Air Force nominations beginning with Colonel Mark A. Ediger 
     and ending with Colonel Daniel O. Wyman, which nominations 
     were received by the Senate and appeared in the Congressional 
     Record on December 11, 2007. 
       Air Force nomination of Brig. Gen. Cecil R. Richardson, 
      to be Major General.

[[Page 1436]]

       Air Force nomination of Col. Robert G. Kenny, to be 
     Brigadier General.
       Air Force nominations beginning with Col. Daniel P. Gillen 
     and ending with Col. Michael J. Yaszemski, which nominations 
     were received by the Senate and appeared in the Congressional 
     Record on January 23, 2008. 
       Air Force nominations beginning with Brigadier General 
     Robert Benjamin Bartlett and ending with Brigadier General 
     James T. Rubeor, which nominations were received by the 
     Senate and appeared in the Congressional Record on January 
     23, 2008. 
       Air Force nominations beginning with Colonel Robert S. 
     Arthur and ending with Colonel Paul L. Sampson, which 
     nominations were received by the Senate and appeared in the 
     Congressional Record on January 23, 2008. 
       Air Force nomination of Lt. Gen. Douglas M. Fraser, 
     to be Lieutenant General.
       Navy nomination of Rear Adm. Mark E. Ferguson III, to 
     be Vice Admiral.
       Navy nomination of Vice Adm. John C. Harvey, Jr., to 
     be Vice Admiral.
       Army nomination of Maj. Gen. Joseph F. Fil, Jr., to 
     be Lieutenant General.

  Mr. LEVIN. Mr. President, for the Committee on Armed Services I 
report favorably the following nomination lists which were printed in 
the Records on the dates indicated, and ask unanimous consent, to save 
the expense of reprinting on the Executive Calendar that these 
nominations lie at the Secretary's desk for the information of 
Senators.
  The PRESIDING OFFICER. Without objection, it is so ordered.

       Air Force nomination of Chevalier P. Cleaves, to be 
     Colonel.
       Air Force nomination of Jawn M. Sischo, to be 
     Colonel.
       Air Force nomination of Joaquin Sariego, to be 
     Colonel.
       Air Force nominations beginning with John A. Calcaterra, 
     Jr. and ending with Maria D. Rodriguezrodriguez, which 
     nominations were received by the Senate and appeared in the 
     Congressional Record on January 23, 2008. 
       Air Force nominations beginning with Jerry Alan Arends and 
     ending with Billy L. Little, Jr., which nominations were 
     received by the Senate and appeared in the Congressional 
     Record on January 23, 2008. 
       Air Force nominations beginning with Donnie W. Bethel and 
     ending with Mitchel Neurock, which nominations were received 
     by the Senate and appeared in the Congressional Record on 
     January 23, 2008. 
       Air Force nominations beginning with Paul A. Abson and 
     ending with Philip A. Sweet, which nominations were received 
     by the Senate and appeared in the Congressional Record on 
     January 23, 2008. 
       Air Force nominations beginning with Mari L. Archer and 
     ending with Gilbert W. Wolfe, which nominations were received 
     by the Senate and appeared in the Congressional Record on 
     January 23, 2008. 
       Air Force nominations beginning with William A. Beyers III 
     and ending with Ross A. Ziegler, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record on January 23, 2008. 
       Air Force nominations beginning with Robert R. Cannon and 
     ending with Lyle E. Von Seggern, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record on January 23, 2008. 
       Air Force nominations beginning with Vito Emil Addabbo and 
     ending with James A. Zietlow, which nominations were received 
     by the Senate and appeared in the Congressional Record on 
     January 23, 2008. 
       Air Force nominations beginning with Azad Y. Keval and 
     ending with Troy L. Sullivan III, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record on January 23, 2008. 
       Air Force nomination of Lance A. Avery, to be 
     Lieutenant Colonel.
       Air Force nominations beginning with Billy R. Morgan and 
     ending with Joseph R. Lowe, which nominations were received 
     by the Senate and appeared in the Congressional Record on 
     January 23, 2008. 
       Air Force nomination of Inaam A. Pedalino, to be 
     Major.
       Air Force nominations beginning with Demea A. Alderman and 
     ending with Philip H. Wang, which nominations were received 
     by the Senate and appeared in the Congressional Record on 
     January 23, 2008. 
       Air Force nomination of Theresa D. Clark, to be 
     Major.
       Air Force nominations beginning with Lee E. Ackley and 
     ending with Clayton D. Wilson III, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record on January 23, 2008. 
       Air Force nominations beginning with Said R. Acosta and 
     ending with Cynthia F. Yap, which nominations were received 
     by the Senate and appeared in the Congressional Record on 
     January 23, 2008. 
       Air Force nominations beginning with Jason E. Macdonald and 
     ending with Derek P. Mims, which nominations were received by 
     the Senate and appeared in the Congressional Record on 
     January 23, 2008. 
       Army nominations beginning with Gerald K. Bebber and ending 
     with Phillip F. Wright, which nominations were received by 
     the Senate and appeared in the Congressional Record on 
     September 27, 2007. 
       Army nominations beginning with Manuel Pozoalonso and 
     ending with Rachelle A. Retoma, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record on December 19, 2007. 
       Army nomination of Jeffrey P. Short, to be Major.
       Army nomination of Saqib Ishteeaque, to be Major.
       Army nominations beginning with Wanda L. Horton and ending 
     with Ruth Slamen, which nominations were received by the 
     Senate and appeared in the Congressional Record on January 
     23, 2008. 
       Army nominations beginning with David J. Barillo and ending 
     with Ian D. Cole, which nominations were received by the 
     Senate and appeared in the Congressional Record on January 
     23, 2008. 
       Army nomination of Joseph B. Dore, to be Colonel.
       Army nomination of William J. Hersh, to be Colonel.
       Army nomination of James C. Cummings, to be Colonel.
       Army nomination of Eugene W. Gavin, to be Colonel.
       Army nominations beginning with Bruce H. Bahr and ending 
     with George R. Gwaltney, which nominations were received by 
     the Senate and appeared in the Congressional Record on 
     January 23, 2008. (minus 1 nominee: Allen D. Ferry)
       Army nominations beginning with David A. Brant and ending 
     with Corliss Gadsden, which nominations were received by the 
     Senate and appeared in the Congressional Record on January 
     23, 2008. 
       Army nominations beginning with Harold A. Felton and ending 
     with Arland O. Haney, which nominations were received by the 
     Senate and appeared in the Congressional Record on January 
     23, 2008. 
       Army nominations beginning with Anne M. Bauer and ending 
     with Jo A. Mcelligott, which nominations were received by the 
     Senate and appeared in the Congressional Record on January 
     23, 2008. 
       Army nominations beginning with Deborah G. Davis and ending 
     with Debra M. Simpson, which nominations were received by the 
     Senate and appeared in the Congressional Record on January 
     23, 2008. 
       Army nominations beginning with Ruben Alvero and ending 
     with Hae S. Yuo, which nominations were received by the 
     Senate and appeared in the Congressional Record on January 
     23, 2008. 
       Army nominations beginning with Ronald L. Bonheur and 
     ending with David S. Werner, which nominations were received 
     by the Senate and appeared in the Congressional Record on 
     January 23, 2008.
       Army nominations beginning with Gerard P. Curran and ending 
     with Mark Tranovich, which nominations were received by the 
     Senate and appeared in the Congressional Record on January 
     23, 2008. 
       Army nominations beginning with Jeffrey A. Weiss and ending 
     with Richard E. Wolfert, which nominations were received by 
     the Senate and appeared in the Congressional Record on 
     January 23, 2008. 
       Army nominations beginning with Charles S. Oleary and 
     ending with Gary B. Tooley, which nominations were received 
     by the Senate and appeared in the Congressional Record on 
     January 23, 2008. 
       Army nominations beginning with Patrick S. Allison and 
     ending with Shaofan K. Xu, which nominations were received by 
     the Senate and appeared in the Congressional Record on 
     January 23, 2008. 
       Army nominations beginning with Edward B. Browning and 
     ending with Billie J. Wisdom, Jr., which nominations were 
     received by the Senate and appeared in the Congressional 
     Record on January 23, 2008. 
       Army nominations beginning with Sandra G. Apostolos and 
     ending with Marilyn Yergler, which nominations were received 
     by the Senate and appeared in the Congressional Record on 
     January 23, 2008. 
       Army nomination of Orlando Salinas, to be Colonel.
       Army nomination of Debra D. Rice, to be Colonel.
       Army nomination of Robert J. Mouw, to be Colonel.
       Army nomination of Rabi L. Singh, to be Major.
       Marine Corps nomination of Lester W. Thompson, to be 
     Major.
       Marine Corps nominations beginning with Russell L. Bergeman 
     and ending with James K. Walker, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record on January 23, 2008. 
       Navy nomination of Thomas J. Harvan, to be Captain.
       Navy nomination of John G. Bruening, to be Captain.
       Navy nomination of John M. Dorey, to be Captain.
       Navy nominations beginning with Thomas P. Carroll and 
     ending with Gary V. Pascua, which nominations were received 
     by the Senate and appeared in the Congressional Record on 
     January 23, 2008. 
       Navy nominations beginning with David J. Robillard and 
     ending with Sherry W. Wangwhite, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record on January 23, 2008. 

[[Page 1437]]

       Navy nomination of Michael V. Misiewicz, to be 
     Commander.
       Navy nomination of John A. Bowman, to be Lieutenant 
     Commander.

  (Nominations without an asterisk were reported with the 
recommendation that they be confirmed.)

                          ____________________




              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second times by unanimous consent, and referred as indicated:

           By Mr. SCHUMER:
       S. 2594. A bill to amend title I of the Higher Education 
     Act of 1965 regarding institution financial aid offer form 
     requirements; to the Committee on Health, Education, Labor, 
     and Pensions.
           By Mrs. FEINSTEIN (for herself and Mr. Martinez):
       S. 2595. A bill to create a national licensing system for 
     residential mortgage loan originators, to develop minimum 
     standards of conduct to be enforced by State regulators, and 
     for other purposes; to the Committee on Banking, Housing, and 
     Urban Affairs.
           By Mr. DeMINT (for himself, Mr. Coburn, Mr. Inhofe, Mr. 
             Cornyn, Mr. Vitter, and Mr. Chambliss):
       S. 2596. A bill to rescind funds appropriated by the 
     Consolidated Appropriations Act, 2008, for the City of 
     Berkeley, California, and any entities located in such city, 
     and to provide that such funds shall be transferred to the 
     Operation and Maintenance, Marine Corps account of the 
     Department of Defense for the purposes of recruiting; read 
     the first time.
           By Mr. LUGAR:
       S. 2597. A bill to authorize the extension of 
     nondiscriminatory treatment (normal trade relations 
     treatment) to the products of Moldova; to the Committee on 
     Finance.
           By Mr. DORGAN (for himself, Mr. Bingaman, Mr. Levin, 
             Mr. Kerry, Ms. Collins, Mr. Lieberman, and Mr. 
             Wyden):
       S. 2598. A bill to increase the supply and lower the cost 
     of petroleum by temporarily suspending the acquisition of 
     petroleum for the Strategic Petroleum Reserve; to the 
     Committee on Energy and Natural Resources.
           By Mr. CORKER (for himself and Mrs. McCaskill):
       S. 2599. A bill to provide enhanced education and 
     employment opportunities for military spouses; to the 
     Committee on Finance.
           By Mr. HARKIN (for himself and Mr. Grassley):
       S. 2600. A bill to provide for the designation of a single 
     ZIP code for Windsor Heights, Iowa; to the Committee on 
     Homeland Security and Governmental Affairs.
           By Ms. CANTWELL (for herself and Mrs. Murray):
       S. 2601. A bill to require the Secretary of Agriculture to 
     convey to King and Kittitas Counties Fire District No. 51 a 
     certain parcel of real property for use as a site for a new 
     Snoqualmie Pass fire and rescue station; to the Committee on 
     Energy and Natural Resources.
           By Mr. SALAZAR:
       S. 2602. A bill to amend the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2008, 
     to terminate the authority of the Secretary of the Treasury 
     to deduct amounts from certain States; to the Committee on 
     Energy and Natural Resources.

                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

  The following concurrent resolutions and Senate resolutions were 
read, and referred (or acted upon), as indicated:

           By Mr. BIDEN (for himself, Ms. Murkowski, and Mr. 
             Hagel):
       S. Res. 444. A resolution expressing the sense of the 
     Senate regarding the strong alliance that has been forged 
     between the United States and the Republic of Korea and 
     congratulating Myung-Bak Lee on his election to the 
     presidency of the Republic of Korea; to the Committee on 
     Foreign Relations.
           By Mr. DURBIN:
       S. Con. Res. 65. A concurrent resolution celebrating the 
     birth of Abraham Lincoln and recognizing the prominence the 
     Declaration of Independence played in the development of 
     Abraham Lincoln's beliefs; to the Committee on the Judiciary.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 37

  At the request of Mr. Domenici, the name of the Senator from 
Tennessee (Mr. Alexander) was added as a cosponsor of S. 37, a bill to 
enhance the management and disposal of spent nuclear fuel and high-
level radioactive waste, to assure protection of public health safety, 
to ensure the territorial integrity and security of the repository at 
Yucca Mountain, and for other purposes.


                                 S. 573

  At the request of Ms. Stabenow, the name of the Senator from Hawaii 
(Mr. Inouye) was added as a cosponsor of S. 573, a bill to amend the 
Federal Food, Drug, and Cosmetic Act and the Public Health Service Act 
to improve the prevention, diagnosis, and treatment of heart disease, 
stroke, and other cardiovascular diseases in women.


                                S. 1084

  At the request of Mr. Akaka, his name was added as a cosponsor of S. 
1084, a bill to provide housing assistance for very low-income 
veterans.


                                S. 1175

  At the request of Mr. Durbin, the name of the Senator from Washington 
(Ms. Cantwell) was added as a cosponsor of S. 1175, a bill to end the 
use of child soldiers in hostilities around the world, and for other 
purposes.


                                S. 1514

  At the request of Mr. Dodd, the name of the Senator from New Jersey 
(Mr. Lautenberg) was added as a cosponsor of S. 1514, a bill to revise 
and extend provisions under the Garrett Lee Smith Memorial Act.


                                S. 1818

  At the request of Mr. Obama, the name of the Senator from Maryland 
(Mr. Cardin) was added as a cosponsor of S. 1818, a bill to amend the 
Toxic Substances Control Act to phase out the use of mercury in the 
manufacture of chlorine and caustic soda, and for other purposes.


                                S. 1926

  At the request of Mr. Dodd, the names of the Senator from Maryland 
(Ms. Mikulski), the Senator from North Dakota (Mr. Dorgan) and the 
Senator from Ohio (Mr. Brown) were added as cosponsors of S. 1926, a 
bill to establish the National Infrastructure Bank to provide funding 
for qualified infrastructure projects, and for other purposes.


                                S. 2071

  At the request of Mrs. Feinstein, the name of the Senator from 
Illinois (Mr. Durbin) was added as a cosponsor of S. 2071, a bill to 
enhance the ability to combat methamphetamine.


                                S. 2275

  At the request of Mrs. Feinstein, the name of the Senator from New 
Mexico (Mr. Bingaman) was added as a cosponsor of S. 2275, a bill to 
prohibit the manufacture, sale, or distribution in commerce of certain 
children's products and child care articles that contain phthalates, 
and for other purposes.


                                S. 2296

  At the request of Mr. Schumer, the name of the Senator from 
California (Mrs. Boxer) was added as a cosponsor of S. 2296, a bill to 
provide for improved disclosures by all mortgage lenders at the loan 
approval and settlement stages of all mortgage loans.


                                S. 2439

  At the request of Mr. Menendez, the name of the Senator from 
Minnesota (Mr. Coleman) was added as a cosponsor of S. 2439, a bill to 
require the National Incident Based Reporting System, the Uniform Crime 
Reporting Program, and the Law Enforcement National Data Exchange 
Program to list cruelty to animals as a separate offense category.


                                S. 2549

  At the request of Mrs. Clinton, the name of the Senator from Maryland 
(Mr. Cardin) was added as a cosponsor of S. 2549, a bill to require the 
Administrator of the Environmental Protection Agency to establish an 
Interagency Working Group on Environmental Justice to provide guidance 
to Federal agencies on the development of criteria for identifying 
disproportionately high and adverse human health or environmental 
effects on minority populations and low-income populations, and for 
other purposes.


                                S. 2586

  At the request of Mr. Rockefeller, the name of the Senator from 
Washington (Ms. Cantwell) was added as a cosponsor of S. 2586, a bill 
to provide States with fiscal relief through a temporary increase in 
the Federal medical assistance percentage and direct payments to 
States.

[[Page 1438]]




                              S. RES. 432

  At the request of Mr. Biden, the names of the Senator from Georgia 
(Mr. Chambliss) and the Senator from Oregon (Mr. Smith) were added as 
cosponsors of S. Res. 432, a resolution urging the international 
community to provide the United Nations-African Union Mission in Sudan 
with essential tactical and utility helicopters.


                           AMENDMENT NO. 3910

  At the request of Mrs. Feinstein, the name of the Senator from 
Colorado (Mr. Salazar) was added as a cosponsor of amendment No. 3910 
proposed to S. 2248, an original bill to amend the Foreign Intelligence 
Surveillance Act of 1978, to modernize and streamline the provisions of 
that Act, and for other purposes.


                           AMENDMENT NO. 3927

  At the request of Mr. Specter, the names of the Senator from Michigan 
(Mr. Levin) and the Senator from Maryland (Mr. Cardin) were added as 
cosponsors of amendment No. 3927 proposed to S. 2248, an original bill 
to amend the Foreign Intelligence Surveillance Act of 1978, to 
modernize and streamline the provisions of that Act, and for other 
purposes.


                           AMENDMENT NO. 3930

  At the request of Mr. Durbin, his name was added as a cosponsor of 
amendment No. 3930 proposed to S. 2248, an original bill to amend the 
Foreign Intelligence Surveillance Act of 1978, to modernize and 
streamline the provisions of that Act, and for other purposes.


                           AMENDMENT NO. 3978

  At the request of Mr. Wyden, the names of the Senator from New York 
(Mrs. Clinton), the Senator from Vermont (Mr. Sanders), the Senator 
from Rhode Island (Mr. Reed) and the Senator from Illinois (Mr. Durbin) 
were added as cosponsors of amendment No. 3978 intended to be proposed 
to H.R. 5140, a bill to provide economic stimulus through recovery 
rebates to individuals, incentives for business investment, and an 
increase in conforming and FHA loan limits.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN (for herself and Mr. Martinez):
  S. 2595. A bill to create a national licensing system for residential 
mortgage loan originators, to develop minimum standards of conduct to 
be enforced by State regulators, and for other purposes; to the 
Committee on Banking, Housing, and Urban Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise today on behalf of myself and 
Senator Martinez to introduce legislation that takes a major step 
forward in curbing the abusive lending practices which contributed to 
the subprime mortgage crisis. With foreclosures at record levels, the 
housing market in steady decline, a global credit crunch, and the 
economy nearing recession, it is imperative that we act quickly to 
restore confidence in the American dream of home ownership.
  Our legislation will eliminate bad actors from the mortgage business, 
and require that brokers and lenders meet minimum national standards 
which ensure they are professional, competent, and trustworthy.
  First, it would create a comprehensive database of all residential 
mortgage loan originators. This includes mortgage brokers and lenders, 
as well as loan officers of national banks and their subsidiaries.
  Second, it would establish national licensing standards to ensure 
that mortgage brokers and lenders are trained in legal aspects of 
lending, ethics, and consumer protection.
  Our bill is similar to H.R. 3012, introduced in the House by 
Representative Spencer Bachus, the Ranking Member of the House 
Committee on Financial Services. The national licensing concept for 
loan originators has enjoyed bipartisan support and was included in the 
comprehensive mortgage reform bill, H.R. 3915, which recently passed 
the House.
  A combination of low interest rates and sophisticated mortgage 
products, among other factors, helped increase home ownership to record 
levels just 3 years ago.
  Subprime and exotic mortgages allowed millions of Americans--many 
with little or no down payment and questionable credit--to purchase 
homes by using adjustable-rate products with low initial monthly 
payments.
  There was explosive growth in the use of these sub-prime loans: in 
just 2 years, from 2004 to 2006, the number of subprime mortgages in 
California increased 110 percent, from 273,000 to 573,000--29.4 percent 
of total mortgages in the State.
  While the majority of lenders and brokers offered these mortgages in 
a responsible fashion, many others relied upon predatory lending 
tactics to place unsuspecting borrowers in mortgages they could not 
afford. Competitive pressures and lax oversight resulted in loans of 
increasingly poor quality being written.
  To make matters worse, consumers were not adequately protected from 
bad actors in the mortgage industry.
  The FBI recently reported that complaints of mortgage fraud have 
skyrocketed over the last few years.
  In 2003, the number of suspicious activity reports reviewed by the 
FBI economic crimes unit numbered 3,000. The number of mortgage fraud 
complaints increased to 48,000 last year, representing a jump of 1500 
percent.
  Most mortgage brokers and non-bank lenders are only lightly regulated 
by State agencies. Standards of accountability have not kept pace with 
the increasing sophistication of the mortgage industry.
  As adjustable-rate mortgages reset to higher rates, many American 
families find themselves in homes they can no longer afford. The 
percentage of homeowners currently behind on their mortgage payments is 
at its highest level in 21 years.
  Mr. President, 2.2 million homeowners filed for foreclosure last year 
and many lenders have gone out of business or sought bankruptcy 
protection.
  It is projected that as many as 2 million Americans will be forced to 
file for foreclosure before this crisis abates, representing $160 
billion in lost equity. The Center for Responsible Lending has 
projected that one out of every five subprime loans issued between 2005 
and 2006 will fail.
  California has been especially hard hit. Mr. President, 5 of the 10 
metropolitan areas with the highest foreclosure rate in the Nation are 
in California. The foreclosure rate in California is roughly twice the 
national average, with 1 foreclosure filing for every 258 households in 
the State.
  Lenders repossessed 84,375 California homes last year, a sixfold 
increase from 12,672 in 2006. Default notices--the initial step in the 
foreclosure process--increased 143 percent between 2006 and 2007, 
rising from 104,977 in 2006 to 254,824 in 2007. In San Diego County 
alone, foreclosures were up 353 percent in 2007.
  According to the FBI economic crimes unit, California has been 
identified as one of the top 10 ``mortgage fraud hot spots'' in the 
Nation.
  American families are hurting, and Californians are at the center of 
the storm. With close to 500,000 adjustable-rate mortgages scheduled to 
reset in California over the next 2 years, the situation is likely to 
worsen in 2008.
  The subprime mortgage crisis has threatened both the global economy 
and the American dream of home ownership. Accountability, professional 
standards, and oversight must be enhanced for everyone in the mortgage 
industry.
  This bill will make it so, and will help to ensure such a crisis 
never happens again.
  Specifically, the S.A.F.E. Mortgage Licensing Act would require that 
all residential mortgage loan originators are licensed, providing 
fingerprints, a summary of work experience, and consent for a 
background check to authorities.
  Additionally, minimum criteria are established that individuals must 
meet to obtain a license, including: no felony convictions; no similar 
license revoked; a demonstrated record of financial responsibility; 
successful completion of education requirements, 20 hours of approved 
courses, to include

[[Page 1439]]

at least 3 hours related to Federal laws, 4 hours on ethics and 
consumer protection in mortgage lending, and 2 hours on the subprime 
mortgage marketplace; and, passage of a written exam, the exam must be 
at least 100 questions and a minimum score of 75 percent is required to 
pass.
  The Federal Reserve, Treasury, and Federal Deposit Insurance 
Corporation must also register all residential mortgage loan 
originators employed by national banks.
  Lastly, State regulators must develop a satisfactory licensing system 
within 1 year following enactment of this legislation.
  If this does not occur, the Housing and Urban Development Secretary 
is empowered to develop the national registry and license, generating 
revenue for its implementation through fees to license applicants.
  The subprime mortgage crisis is wreaking havoc on American homeowners 
and the national economy. The damage is truly staggering--more than 2 
million foreclosure filings last year and another 2 million expected 
before this year is over.
  Many Americans simply cannot keep pace with adjustable-rate mortgages 
that are resetting, and some were steered into these obligations by 
unscrupulous actors.
  It is essential that this body take action to address some of the 
factors that got us here.
  This legislation does not assign blame, but rather provides a 
workable solution to protect homebuyers and begin to restore confidence 
in the American dream of homeownership.
  I hope that my colleagues will join us in moving this important bill 
through the Senate quickly.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2595

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Secure and 
     Fair Enforcement for Mortgage Licensing Act of 2008'' or 
     ``S.A.F.E. Mortgage Licensing Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes and methods for establishing a mortgage licensing 
              system and registry.
Sec. 3. Definitions.
Sec. 4. License or registration required.
Sec. 5. State license and registration application and issuance.
Sec. 6. Standards for State license renewal.
Sec. 7. System of registration administration by Federal banking 
              agencies.
Sec. 8. Secretary of Housing and Urban Development backup authority to 
              establish a loan originator licensing system.
Sec. 9. Backup authority to establish a nationwide mortgage licensing 
              and registry system.
Sec. 10. Fees.
Sec. 11. Background checks of loan originators.
Sec. 12. Confidentiality of information.
Sec. 13. Liability provisions.
Sec. 14. Enforcement under HUD backup licensing system.
Sec. 15. Preemption of State law.
Sec. 16. Reports and recommendations to Congress.
Sec. 17. Study and reports on defaults and foreclosures

     SEC. 2. PURPOSES AND METHODS FOR ESTABLISHING A MORTGAGE 
                   LICENSING SYSTEM AND REGISTRY.

       In order to increase uniformity, reduce regulatory burden, 
     enhance consumer protection, and reduce fraud, the States, 
     through the Conference of State Bank Supervisors and the 
     American Association of Residential Mortgage Regulators, are 
     hereby encouraged to establish a Nationwide Mortgage 
     Licensing System and Registry for the residential mortgage 
     industry that accomplishes all of the following objectives:
       (1) Provides uniform license applications and reporting 
     requirements for State-licensed loan originators.
       (2) Provides a comprehensive licensing and supervisory 
     database.
       (3) Aggregates and improves the flow of information to and 
     between regulators.
       (4) Provides increased accountability and tracking of loan 
     originators.
       (5) Streamlines the licensing process and reduces the 
     regulatory burden.
       (6) Enhances consumer protections and supports anti-fraud 
     measures.
       (7) Provides consumers with easily accessible information, 
     offered at no charge, utilizing electronic media, including 
     the Internet, regarding the employment history of, and 
     publicly adjudicated disciplinary and enforcement actions 
     against, loan originators.

     SEC. 3. DEFINITIONS.

       For purposes of this Act, the following definitions shall 
     apply:
       (1) Federal banking agencies.--The term ``Federal banking 
     agencies'' means the Board of Governors of the Federal 
     Reserve System, the Comptroller of the Currency, the Director 
     of the Office of Thrift Supervision, the National Credit 
     Union Administration, and the Federal Deposit Insurance 
     Corporation.
       (2) Depository institution.--The term ``depository 
     institution'' has the same meaning as in section 3 of the 
     Federal Deposit Insurance Act, and includes any credit union.
       (3) Loan originator.--
       (A) In general.--The term ``loan originator''--
       (i) means an individual who--

       (I) takes a residential mortgage loan application;
       (II) assists a consumer in obtaining or applying to obtain 
     a residential mortgage loan; or
       (III) offers or negotiates terms of a residential mortgage 
     loan, for direct or indirect compensation or gain, or in the 
     expectation of direct or indirect compensation or gain;

       (ii) includes any individual who represents to the public, 
     through advertising or other means of communicating or 
     providing information (including the use of business cards, 
     stationery, brochures, signs, rate lists, or other 
     promotional items), that such individual can or will provide 
     or perform any of the activities described in clause (i);
       (iii) does not include any individual who is not otherwise 
     described in clause (i) or (ii) and who performs purely 
     administrative or clerical tasks on behalf of a person who is 
     described in any such clause.
       (iv) does not include a person or entity that only performs 
     real estate brokerage activities and is licensed or 
     registered in accordance with applicable State law, unless 
     the person or entity is compensated by a lender, a mortgage 
     broker, or other loan originator or by any agent of such 
     lender, mortgage broker, or other loan originator.
       (B) Other definitions relating to loan originator.--For 
     purposes of this subsection, an individual ``assists a 
     consumer in obtaining or applying to obtain a residential 
     mortgage loan'' by, among other things, advising on loan 
     terms (including rates, fees, other costs), preparing loan 
     packages, or collecting information on behalf of the consumer 
     with regard to a residential mortgage loan.
       (C) Administrative or clerical tasks.--The term 
     ``administrative or clerical tasks'' means the receipt, 
     collection, and distribution of information common for the 
     processing or underwriting of a loan in the mortgage industry 
     and communication with a consumer to obtain information 
     necessary for the processing or underwriting of a residential 
     mortgage loan.
       (D) Real estate brokerage activity defined.--The term 
     ``real estate brokerage activity'' means any activity that 
     involves offering or providing real estate brokerage services 
     to the public, including--
       (i) acting as a real estate agent or real estate broker for 
     a buyer, seller, lessor, or lessee of real property;
       (ii) listing or advertising real property for sale, 
     purchase, lease, rental, or exchange;
       (iii) providing advice in connection with sale, purchase, 
     lease, rental, or exchange of real property;
       (iv) bringing together parties interested in the sale, 
     purchase, lease, rental, or exchange of real property;
       (v) negotiating, on behalf of any party, any portion of a 
     contract relating to the sale, purchase, lease, rental, or 
     exchange of real property (other than in connection with 
     providing financing with respect to any such transaction);
       (vi) engaging in any activity for which a person engaged in 
     the activity is required to be registered or licensed as a 
     real estate agent or real estate broker under any applicable 
     law; and
       (vii) offering to engage in any activity, or act in any 
     capacity, described in clause (i), (ii), (iii), (iv), (v), or 
     (vi).
       (4) Loan processor or underwriter.--
       (A) In general.--The term ``loan processor or underwriter'' 
     means an individual who performs clerical or support duties 
     at the direction of and subject to the supervision and 
     instruction of--
       (i) a State-licensed loan originator; or
       (ii) a registered loan originator.
       (B) Clerical or support duties.--For purposes of 
     subparagraph (A), the term ``clerical or support duties'' may 
     include--
       (i) the receipt, collection, distribution, and analysis of 
     information common for the processing or underwriting of a 
     residential mortgage loan; and
       (ii) communicating with a consumer to obtain the 
     information necessary for the processing or underwriting of a 
     loan, to the extent that such communication does not include 
     offering or negotiating loan rates or terms, or counseling 
     consumers about residential mortgage loan rates or terms.
       (5) Nationwide mortgage licensing system and registry.--The 
     term ``Nationwide

[[Page 1440]]

     Mortgage Licensing System and Registry'' means a mortgage 
     licensing system developed and maintained by the Conference 
     of State Bank Supervisors and the American Association of 
     Residential Mortgage Regulators for the State licensing and 
     registration of State-licensed loan originators and the 
     registration of registered loan originators or any system 
     established by the Secretary under section 9.
       (6) Registered loan originator.--The term ``registered loan 
     originator'' means any individual who--
       (A) meets the definition of loan originator and is an 
     employee of a depository institution or a wholly-owned 
     subsidiary of a depository institution; and
       (B) is registered with, and maintains a unique identifier 
     through, the Nationwide Mortgage Licensing System and 
     Registry.
       (7) Residential mortgage loan.--The term ``residential 
     mortgage loan'' means any loan primarily for personal, 
     family, or household use that is secured by a mortgage, deed 
     of trust, or other equivalent consensual security interest on 
     a dwelling (as defined in section 103(v) of the Truth in 
     Lending Act) or residential real estate upon which is 
     constructed or intended to be constructed a dwelling (as so 
     defined).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (9) State-licensed loan originator.--The term ``State-
     licensed loan originator'' means any individual who--
       (A) is a loan originator;
       (B) is not an employee of a depository institution or any 
     wholly-owned subsidiary of a depository institution; and
       (C) is licensed by a State or by the Secretary under 
     section 8 and registered as a loan originator with, and 
     maintains a unique identifier through, the Nationwide 
     Mortgage Licensing System and Registry.
       (10) Subprime mortgage.--The term ``subprime mortgage'' 
     means a residential mortgage loan--
       (A) that is secured by real property that is used or 
     intended to be used as a principal dwelling;
       (B) that is typically offered to borrowers having weakened 
     credit histories and reduced repayment capacity, as measured 
     by lower credit scores, debt-to-income ratios, and other 
     relevant criteria; and
       (C) the characteristics of which may include--
       (i) low initial payments based on a fixed introductory rate 
     that expires after a short period and then adjusts to a 
     variable index rate plus a margin for the remaining term of 
     the loan;
       (ii) very high or no limits on how much the payment amount 
     or the interest rate may increase (referred to as ``payment 
     caps'' or ``rate caps'') on reset dates;
       (iii) limited or no documentation of the income of the 
     borrower;
       (iv) product features likely to result in frequent 
     refinancing to maintain an affordable monthly payment; and
       (v) substantial prepayment penalties or prepayment 
     penalties that extend beyond the initial fixed interest rate 
     period.
       (11) Unique identifier.--The term ``unique identifier'' 
     means a number or other identifier that--
       (A) permanently identifies a loan originator; and
       (B) is assigned by protocols established by the Nationwide 
     Mortgage Licensing System and Registry and the Federal 
     banking agencies to facilitate electronic tracking of loan 
     originators and uniform identification of, and public access 
     to, the employment history of and the publicly adjudicated 
     disciplinary and enforcement actions against loan 
     originators.

     SEC. 4. LICENSE OR REGISTRATION REQUIRED.

       (a) In General.--An individual may not engage in the 
     business of a loan originator without first--
       (1) obtaining and maintaining, through an annual renewal--
       (A) a registration as a registered loan originator; or
       (B) a license and registration as a State-licensed loan 
     originator; and
       (2) obtaining a unique identifier.
       (b) Loan Processors and Underwriters.--
       (1) Supervised loan processors and underwriters.--A loan 
     processor or underwriter who does not represent to the 
     public, through advertising or other means of communicating 
     or providing information (including the use of business 
     cards, stationery, brochures, signs, rate lists, or other 
     promotional items), that such individual can or will perform 
     any of the activities of a loan originator shall not be 
     required to be a State-licensed loan originator or a 
     registered loan originator.
       (2) Independent contractors.--A loan processor or 
     underwriter may not work as an independent contractor unless 
     such processor or underwriter is a State-licensed loan 
     originator or a registered loan originator.

     SEC. 5. STATE LICENSE AND REGISTRATION APPLICATION AND 
                   ISSUANCE.

       (a) Background Checks.--In connection with an application 
     to any State for licensing and registration as a State-
     licensed loan originator, the applicant shall, at a minimum, 
     furnish to the Nationwide Mortgage Licensing System and 
     Registry information concerning the applicant's identity, 
     including--
       (1) fingerprints for submission to the Federal Bureau of 
     Investigation, and any governmental agency or entity 
     authorized to receive such information for a State and 
     national criminal history background check; and
       (2) personal history and experience, including 
     authorization for the System to obtain--
       (A) an independent credit report obtained from a consumer 
     reporting agency described in section 603(p) of the Fair 
     Credit Reporting Act; and
       (B) information related to any administrative, civil or 
     criminal findings by any governmental jurisdiction.
       (b) Issuance of License.--The minimum standards for 
     licensing and registration as a State-licensed loan 
     originator shall include the following:
       (1) The applicant has never had a loan originator or 
     similar license revoked in any governmental jurisdiction.
       (2) The applicant has never been convicted of, or pled 
     guilty or nolo contendere to, a felony in a domestic, 
     foreign, or military court.
       (3) The applicant has demonstrated financial 
     responsibility, character, and general fitness such as to 
     command the confidence of the community and to warrant a 
     determination that the loan originator will operate honestly, 
     fairly, and efficiently within the purposes of this Act.
       (4) The applicant has completed the pre-licensing education 
     requirement described in subsection (c).
       (5) The applicant has passed a written test that meets the 
     test requirement described in subsection (d).
       (c) Pre-Licensing Education of Loan Originators.--
       (1) Minimum educational requirements.--In order to meet the 
     pre-licensing education requirement referred to in subsection 
     (b)(4), a person shall complete at least 20 hours of 
     education approved in accordance with paragraph (2), which 
     shall include at least--
       (A) 3 hours of Federal law and regulations;
       (B) 3 hours of ethics, which shall include instruction on 
     fraud, consumer protection, and fair lending issues; and
       (C) 2 hours of training related to lending standards for 
     the subprime mortgage marketplace.
       (2) Approved educational courses.--For purposes of 
     paragraph (1), pre-licensing education courses shall be 
     reviewed, and approved by the Nationwide Mortgage Licensing 
     System and Registry.
       (3) Limitation and standards.--
       (A) Limitation.--To maintain the independence of the 
     approval process, the Nationwide Mortgage Licensing System 
     and Registry shall not directly or indirectly offer pre-
     licensure educational courses for loan originators.
       (B) Standards.--In approving courses under this section, 
     the Nationwide Mortgage Licensing System and Registry shall 
     apply reasonable standards in the review and approval of 
     courses.
       (d) Testing of Loan Originators.--
       (1) In general.--In order to meet the written test 
     requirement referred to in subsection (b)(5), an individual 
     shall pass, in accordance with the standards established 
     under this subsection, a qualified written test developed by 
     the Nationwide Mortgage Licensing System and Registry and 
     administered by an approved test provider.
       (2) Qualified test.--A written test shall not be treated as 
     a qualified written test for purposes of paragraph (1) 
     unless--
       (A) the test consists of a minimum of 100 questions; and
       (B) the test adequately measures the applicant's knowledge 
     and comprehension in appropriate subject areas, including--
       (i) ethics;
       (ii) Federal law and regulation pertaining to mortgage 
     origination;
       (iii) State law and regulation pertaining to mortgage 
     origination; and
       (iv) Federal and State law and regulation, including 
     instruction on fraud, consumer protection, subprime mortgage 
     marketplace, and fair lending issues.
       (3) Minimum competence.--
       (A) Passing score.--An individual shall not be considered 
     to have passed a qualified written test unless the individual 
     achieves a test score of not less than 75 percent correct 
     answers to questions.
       (B) Initial retests.--An individual may retake a test 3 
     consecutive times with each consecutive taking occurring in 
     less than 14 days after the preceding test.
       (C) Subsequent retests.--After 3 consecutive tests, an 
     individual shall wait at least 14 days before taking the test 
     again.
       (D) Retest after lapse of license.--A State-licensed loan 
     originator who fails to maintain a valid license for a period 
     of 5 years or longer shall retake the test, not taking into 
     account any time during which such individual is a registered 
     loan originator.
       (e) Mortgage Call Reports.--Each mortgage licensee shall 
     submit to the Nationwide Mortgage Licensing System and 
     Registry reports of condition, which shall be in such form 
     and shall contain such information as the Nationwide Mortgage 
     Licensing System and Registry may require.

[[Page 1441]]



     SEC. 6. STANDARDS FOR STATE LICENSE RENEWAL.

       (a) In General.--The minimum standards for license renewal 
     for State-licensed loan originators shall include the 
     following:
       (1) The loan originator continues to meet the minimum 
     standards for license issuance.
       (2) The loan originator has satisfied the annual continuing 
     education requirements described in subsection (b).
       (b) Continuing Education for State-Licensed Loan 
     Originators.--
       (1) In general.--In order to meet the annual continuing 
     education requirements referred to in subsection (a)(2), a 
     State-licensed loan originator shall complete at least 8 
     hours of education approved in accordance with paragraph (2), 
     which shall include at least--
       (A) 3 hours of Federal law and regulations;
       (B) 2 hours of ethics, which shall include instruction on 
     fraud, consumer protection, and fair lending issues; and
       (C) 2 hours of training related to lending standards for 
     the subprime mortgage marketplace.
       (2) Approved educational courses.--For purposes of 
     paragraph (1), continuing education courses shall be 
     reviewed, and approved by the Nationwide Mortgage Licensing 
     System and Registry.
       (3) Calculation of continuing education credits.--A State-
     licensed loan originator--
       (A) may only receive credit for a continuing education 
     course in the year in which the course is taken; and
       (B) may not take the same approved course in the same or 
     successive years to meet the annual requirements for 
     continuing education.
       (4) Instructor credit.--A State-licensed loan originator 
     who is approved as an instructor of an approved continuing 
     education course may receive credit for the originator's own 
     annual continuing education requirement at the rate of 2 
     hours credit for every 1 hour taught.
       (5) Limitation and standards.--
       (A) Limitation.--To maintain the independence of the 
     approval process, the Nationwide Mortgage Licensing System 
     and Registry shall not directly or indirectly offer any 
     continuing education courses for loan originators.
       (B) Standards.--In approving courses under this section, 
     the Nationwide Mortgage Licensing System and Registry shall 
     apply reasonable standards in the review and approval of 
     courses.

     SEC. 7. SYSTEM OF REGISTRATION ADMINISTRATION BY FEDERAL 
                   BANKING AGENCIES.

       (a) Development.--
       (1) In general.--The Federal banking agencies shall 
     jointly, through the Federal Financial Institutions 
     Examination Council, develop and maintain a system for 
     registering employees of depository institutions or 
     subsidiaries of depository institutions as registered loan 
     originators with the Nationwide Mortgage Licensing System and 
     Registry. The system shall be implemented before the end of 
     the 1-year period beginning on the date of the enactment of 
     this Act.
       (2) Registration requirements.--In connection with the 
     registration of any loan originator who is an employee of a 
     depository institution or a wholly-owned subsidiary of a 
     depository institution with the Nationwide Mortgage Licensing 
     System and Registry, the appropriate Federal banking agency 
     shall, at a minimum, furnish or cause to be furnished to the 
     Nationwide Mortgage Licensing System and Registry information 
     concerning the employees's identity, including--
       (A) fingerprints for submission to the Federal Bureau of 
     Investigation, and any governmental agency or entity 
     authorized to receive such information for a State and 
     national criminal history background check; and
       (B) personal history and experience, including 
     authorization for the Nationwide Mortgage Licensing System 
     and Registry to obtain information related to any 
     administrative, civil or criminal findings by any 
     governmental jurisdiction.
       (b) Coordination.--
       (1) Unique identifier.--The Federal banking agencies, 
     through the Financial Institutions Examination Council, shall 
     coordinate with the Nationwide Mortgage Licensing System and 
     Registry to establish protocols for assigning a unique 
     identifier to each registered loan originator that will 
     facilitate electronic tracking and uniform identification of, 
     and public access to, the employment history of and publicly 
     adjudicated disciplinary and enforcement actions against loan 
     originators.
       (2) Nationwide mortgage licensing system and registry 
     development.--To facilitate the transfer of information 
     required by subsection (a)(2), the Nationwide Mortgage 
     Licensing System and Registry shall coordinate with the 
     Federal banking agencies, through the Financial Institutions 
     Examination Council, concerning the development and 
     operation, by such System and Registry, of the registration 
     functionality and data requirements for loan originators.
       (c) Consideration of Factors and Procedures.--In 
     establishing the registration procedures under subsection (a) 
     and the protocols for assigning a unique identifier to a 
     registered loan originator, the Federal banking agencies 
     shall make such de minimis exceptions as may be appropriate 
     to paragraphs (1)(A) and (2) of section 4(a), shall make 
     reasonable efforts to utilize existing information to 
     minimize the burden of registering loan originators, and 
     shall consider methods for automating the process to the 
     greatest extent practicable consistent with the purposes of 
     this Act.

     SEC. 8. SECRETARY OF HOUSING AND URBAN DEVELOPMENT BACKUP 
                   AUTHORITY TO ESTABLISH A LOAN ORIGINATOR 
                   LICENSING SYSTEM.

       (a) Back up Licensing System.--If, by the end of the 1-year 
     period, or the 2-year period in the case of a State whose 
     legislature meets only biennially, beginning on the date of 
     the enactment of this Act or at any time thereafter, the 
     Secretary determines that a State does not have in place by 
     law or regulation a system for licensing and registering loan 
     originators that meets the requirements of sections 5 and 6 
     and subsection (d) of this section, or does not participate 
     in the Nationwide Mortgage Licensing System and Registry, the 
     Secretary shall provide for the establishment and maintenance 
     of a system for the licensing and registration by the 
     Secretary of loan originators operating in such State as 
     State-licensed loan originators.
       (b) Licensing and Registration Requirements.--The system 
     established by the Secretary under subsection (a) for any 
     State shall meet the requirements of sections 5 and 6 for 
     State-licensed loan originators.
       (c) Unique Identifier.--The Secretary shall coordinate with 
     the Nationwide Mortgage Licensing System and Registry to 
     establish protocols for assigning a unique identifier to each 
     loan originator licensed by the Secretary as a State-licensed 
     loan originator that will facilitate electronic tracking and 
     uniform identification of, and public access to, the 
     employment history of and the publicly adjudicated 
     disciplinary and enforcement actions against loan 
     originators.
       (d) State Licensing Law Requirements.--For purposes of this 
     section, the law in effect in a State meets the requirements 
     of this subsection if the Secretary determines the law 
     satisfies the following minimum requirements:
       (1) A State loan originator supervisory authority is 
     maintained to provide effective supervision and enforcement 
     of such law, including the suspension, termination, or 
     nonrenewal of a license for a violation of State or Federal 
     law.
       (2) The State loan originator supervisory authority ensures 
     that all State-licensed loan originators operating in the 
     State are registered with Nationwide Mortgage Licensing 
     System and Registry.
       (3) The State loan originator supervisory authority is 
     required to regularly report violations of such law, as well 
     as enforcement actions and other relevant information, to the 
     Nationwide Mortgage Licensing System and Registry.
       (e) Temporary Extension of Period.--The Secretary may 
     extend, by not more than 12 months, the 1-year or 2-year 
     period, as the case may be, referred to in subsection (a) for 
     the licensing of loan originators in any State under a State 
     licensing law that meets the requirements of sections 5 and 6 
     and subsection (d) if the Secretary determines that such 
     State is making a good faith effort to establish a State 
     licensing law that meets such requirements, license mortgage 
     originators under such law, and register such originators 
     with the Nationwide Mortgage Licensing System and Registry.
       (f) Limitation on HUD-Licensed Loan Originators.--Any loan 
     originator who is licensed by the Secretary under a system 
     established under this section for any State may not use such 
     license to originate loans in any other State.
       (g) Contracting Authority.--The Secretary may enter into 
     contracts with qualified independent parties, as necessary to 
     efficiently fulfill the obligations of the Secretary under 
     this Section.

     SEC. 9. BACKUP AUTHORITY TO ESTABLISH A NATIONWIDE MORTGAGE 
                   LICENSING AND REGISTRY SYSTEM.

       If at any time the Secretary determines that the Nationwide 
     Mortgage Licensing System and Registry is failing to meet the 
     requirements and purposes of this Act for a comprehensive 
     licensing, supervisory, and tracking system for loan 
     originators, the Secretary shall establish and maintain such 
     a system to carry out the purposes of this Act and the 
     effective registration and regulation of loan originators.

     SEC. 10. FEES.

       The Federal banking agencies, the Secretary, and the 
     Nationwide Mortgage Licensing System and Registry may charge 
     reasonable fees to cover the costs of maintaining and 
     providing access to information from the Nationwide Mortgage 
     Licensing System and Registry, to the extent that such fees 
     are not charged to consumers for access to such system and 
     registry.

     SEC. 11. BACKGROUND CHECKS OF LOAN ORIGINATORS.

       (a) Access to Records.--Notwithstanding any other provision 
     of law, in providing identification and processing functions, 
     the Attorney General shall provide access to all criminal 
     history information to the appropriate State officials 
     responsible for regulating State-licensed loan originators to 
     the

[[Page 1442]]

     extent criminal history background checks are required under 
     the laws of the State for the licensing of such loan 
     originators.
       (b) Agent.--For the purposes of this section and in order 
     to reduce the points of contact which the Federal Bureau of 
     Investigation may have to maintain for purposes of subsection 
     (a), the Conference of State Bank Supervisors or a wholly 
     owned subsidiary may be used as a channeling agent of the 
     States for requesting and distributing information between 
     the Department of Justice and the appropriate State agencies.

     SEC. 12. CONFIDENTIALITY OF INFORMATION.

       (a) System Confidentiality.--Except as otherwise provided 
     in this section, any requirement under Federal or State law 
     regarding the privacy or confidentiality of any information 
     or material provided to the Nationwide Mortgage Licensing 
     System and Registry or a system established by the Secretary 
     under section 9, and any privilege arising under Federal or 
     State law (including the rules of any Federal or State court) 
     with respect to such information or material, shall continue 
     to apply to such information or material after the 
     information or material has been disclosed to the system. 
     Such information and material may be shared with all State 
     and Federal regulatory officials with mortgage industry 
     oversight authority without the loss of privilege or the loss 
     of confidentiality protections provided by Federal and State 
     laws.
       (b) Nonapplicability of Certain Requirements.--Information 
     or material that is subject to a privilege or confidentiality 
     under subsection (a) shall not be subject to--
       (1) disclosure under any Federal or State law governing the 
     disclosure to the public of information held by an officer or 
     an agency of the Federal Government or the respective State; 
     or
       (2) subpoena or discovery, or admission into evidence, in 
     any private civil action or administrative process, unless 
     with respect to any privilege held by the Nationwide Mortgage 
     Licensing System and Registry or the Secretary with respect 
     to such information or material, the person to whom such 
     information or material pertains waives, in whole or in part, 
     in the discretion of such person, that privilege.
       (c) Coordination With Other Law.--Any State law, including 
     any State open record law, relating to the disclosure of 
     confidential supervisory information or any information or 
     material described in subsection (a) that is inconsistent 
     with subsection (a) shall be superseded by the requirements 
     of such provision to the extent State law provides less 
     confidentiality or a weaker privilege.
       (d) Public Access to Information.--This section shall not 
     apply with respect to the information or material relating to 
     the employment history of, and publicly adjudicated 
     disciplinary and enforcement actions against, loan 
     originators that is included in Nationwide Mortgage Licensing 
     System and Registry for access by the public.

     SEC. 13. LIABILITY PROVISIONS.

       The Secretary, any State official or agency, any Federal 
     banking agency, or any organization serving as the 
     administrator of the Nationwide Mortgage Licensing System and 
     Registry or a system established by the Secretary under 
     section 9, or any officer or employee of any such entity, 
     shall not be subject to any civil action or proceeding for 
     monetary damages by reason of the good-faith action or 
     omission of any officer or employee of any such entity, while 
     acting within the scope of office or employment, relating to 
     the collection, furnishing, or dissemination of information 
     concerning persons who are loan originators or are applying 
     for licensing or registration as loan originators.

     SEC. 14. ENFORCEMENT UNDER HUD BACKUP LICENSING SYSTEM.

       (a) Summons Authority.--The Secretary may--
       (1) examine any books, papers, records, or other data of 
     any loan originator operating in any State which is subject 
     to a licensing system established by the Secretary under 
     section 8; and
       (2) summon any loan originator referred to in paragraph (1) 
     or any person having possession, custody, or care of the 
     reports and records relating to such loan originator, to 
     appear before the Secretary or any delegate of the Secretary 
     at a time and place named in the summons and to produce such 
     books, papers, records, or other data, and to give testimony, 
     under oath, as may be relevant or material to an 
     investigation of such loan originator for compliance with the 
     requirements of this Act.
       (b) Examination Authority.--
       (1) In general.--If the Secretary establishes a licensing 
     system under section 8 for any State, the Secretary shall 
     appoint examiners for the purposes of administering such 
     section.
       (2) Power to examine.--Any examiner appointed under 
     paragraph (1) shall have power, on behalf of the Secretary, 
     to make any examination of any loan originator operating in 
     any State which is subject to a licensing system established 
     by the Secretary under section 8 whenever the Secretary 
     determines an examination of any loan originator is necessary 
     to determine the compliance by the originator with this Act.
       (3) Report of examination.--Each examiner appointed under 
     paragraph (1) shall make a full and detailed report of 
     examination of any loan originator examined to the Secretary.
       (4) Administration of oaths and affirmations; evidence.--In 
     connection with examinations of loan originators operating in 
     any State which is subject to a licensing system established 
     by the Secretary under section 8, or with other types of 
     investigations to determine compliance with applicable law 
     and regulations, the Secretary and examiners appointed by the 
     Secretary may administer oaths and affirmations and examine 
     and take and preserve testimony under oath as to any matter 
     in respect to the affairs of any such loan originator.
       (5) Assessments.--The cost of conducting any examination of 
     any loan originator operating in any State which is subject 
     to a licensing system established by the Secretary under 
     section 8 shall be assessed by the Secretary against the loan 
     originator to meet the Secretary's expenses in carrying out 
     such examination.
       (c) Cease and Desist Proceeding.--
       (1) Authority of secretary.--If the Secretary finds, after 
     notice and opportunity for hearing, that any person is 
     violating, has violated, or is about to violate any provision 
     of this Act, or any regulation thereunder, with respect to a 
     State which is subject to a licensing system established by 
     the Secretary under section 8, the Secretary may publish such 
     findings and enter an order requiring such person, and any 
     other person that is, was, or would be a cause of the 
     violation, due to an act or omission the person knew or 
     should have known would contribute to such violation, to 
     cease and desist from committing or causing such violation 
     and any future violation of the same provision, rule, or 
     regulation. Such order may, in addition to requiring a person 
     to cease and desist from committing or causing a violation, 
     require such person to comply, or to take steps to effect 
     compliance, with such provision or regulation, upon such 
     terms and conditions and within such time as the Secretary 
     may specify in such order. Any such order may, as the 
     Secretary deems appropriate, require future compliance or 
     steps to effect future compliance, either permanently or for 
     such period of time as the Secretary may specify, with such 
     provision or regulation with respect to any loan originator.
       (2) Hearing.--The notice instituting proceedings pursuant 
     to paragraph (1) shall fix a hearing date not earlier than 30 
     days nor later than 60 days after service of the notice 
     unless an earlier or a later date is set by the Secretary 
     with the consent of any respondent so served.
       (3) Temporary order.--Whenever the Secretary determines 
     that the alleged violation or threatened violation specified 
     in the notice instituting proceedings pursuant to paragraph 
     (1), or the continuation thereof, is likely to result in 
     significant dissipation or conversion of assets, significant 
     harm to consumers, or substantial harm to the public interest 
     prior to the completion of the proceedings, the Secretary may 
     enter a temporary order requiring the respondent to cease and 
     desist from the violation or threatened violation and to take 
     such action to prevent the violation or threatened violation 
     and to prevent dissipation or conversion of assets, 
     significant harm to consumers, or substantial harm to the 
     public interest as the Secretary deems appropriate pending 
     completion of such proceedings. Such an order shall be 
     entered only after notice and opportunity for a hearing, 
     unless the Secretary determines that notice and hearing prior 
     to entry would be impracticable or contrary to the public 
     interest. A temporary order shall become effective upon 
     service upon the respondent and, unless set aside, limited, 
     or suspended by the Secretary or a court of competent 
     jurisdiction, shall remain effective and enforceable pending 
     the completion of the proceedings.
       (4) Review of temporary orders.--
       (A) Review by secretary.--At any time after the respondent 
     has been served with a temporary cease-and-desist order 
     pursuant to paragraph (3), the respondent may apply to the 
     Secretary to have the order set aside, limited, or suspended. 
     If the respondent has been served with a temporary cease-and-
     desist order entered without a prior hearing before the 
     Secretary, the respondent may, within 10 days after the date 
     on which the order was served, request a hearing on such 
     application and the Secretary shall hold a hearing and render 
     a decision on such application at the earliest possible time.
       (B) Judicial review.--Within--
       (i) 10 days after the date the respondent was served with a 
     temporary cease-and-desist order entered with a prior hearing 
     before the Secretary; or
       (ii) 10 days after the Secretary renders a decision on an 
     application and hearing under paragraph (1), with respect to 
     any temporary cease-and-desist order entered without a prior 
     hearing before the Secretary,

     the respondent may apply to the United States district court 
     for the district in which the respondent resides or has its 
     principal place of business, or for the District of Columbia, 
     for an order setting aside, limiting, or suspending the 
     effectiveness or enforcement of the order, and the court 
     shall have jurisdiction to enter such an order. A respondent 
     served with a temporary cease-and-

[[Page 1443]]

     desist order entered without a prior hearing before the 
     Secretary may not apply to the court except after hearing and 
     decision by the Secretary on the respondent's application 
     under subparagraph (A).
       (C) No automatic stay of temporary order.--The commencement 
     of proceedings under subparagraph (B) shall not, unless 
     specifically ordered by the court, operate as a stay of the 
     Secretary's order.
       (5) Authority of the secretary to prohibit persons from 
     serving as loan originators.--In any cease-and-desist 
     proceeding under paragraph (1), the Secretary may issue an 
     order to prohibit, conditionally or unconditionally, and 
     permanently or for such period of time as the Secretary shall 
     determine, any person who has violated this Act or 
     regulations thereunder, from acting as a loan originator if 
     the conduct of that person demonstrates unfitness to serve as 
     a loan originator.
       (d) Authority of the Secretary To Assess Money Penalties.--
       (1) In general.--The Secretary may impose a civil penalty 
     on a loan originator operating in any State which is subject 
     to licensing system established by the Secretary under 
     section 8, if the Secretary finds, on the record after notice 
     and opportunity for hearing, that such loan originator has 
     violated or failed to comply with any requirement of this Act 
     or any regulation prescribed by the Secretary under this Act 
     or order issued under subsection (c).
       (2) Maximum amount of penalty.--The maximum amount of 
     penalty for each act or omission described in paragraph (1) 
     shall be $5,000 for each day the violation continues.

     SEC. 15. PREEMPTION OF STATE LAW.

       Nothing in this Act may be construed to preempt the law of 
     any State, to the extent that such State law provides greater 
     protection to consumers than is provided under this Act.

     SEC. 16. REPORTS AND RECOMMENDATIONS TO CONGRESS.

       (a) Annual Reports.--Not later than 1 year after the date 
     of enactment of this Act, and annually thereafter, the 
     Secretary shall submit a report to Congress on the 
     effectiveness of the provisions of this Act, including 
     legislative recommendations, if any, for strengthening 
     consumer protections, enhancing examination standards, and 
     streamlining communication between all stakeholders involved 
     in residential mortgage loan origination and processing.
       (b) Legislative Recommendations.--Not later than 6 months 
     after the date of enactment of this Act, the Secretary shall 
     make recommendations to Congress on legislative reforms to 
     the Real Estate Settlement Procedures Act of 1974, that the 
     Secretary deems appropriate to promote more transparent 
     disclosures, allowing consumers to better shop and compare 
     mortgage loan terms and settlement costs.

     SEC. 17. STUDY AND REPORTS ON DEFAULTS AND FORECLOSURES.

       (a) Study Required.--The Secretary shall conduct an 
     extensive study of the root causes of default and foreclosure 
     of home loans, using as much empirical data as is available.
       (b) Preliminary Report to Congress.--Not later than 6 
     months after the date of enactment of this Act, the Secretary 
     shall submit to Congress a preliminary report regarding the 
     study required by this section.
       (c) Final Report to Congress.--Not later than 12 months 
     after the date of enactment of this Act, the Secretary shall 
     submit to Congress a final report regarding the results of 
     the study required by this section, which shall include any 
     recommended legislation relating to the study, and 
     recommendations for best practices and for a process to 
     provide targeted assistance to populations with the highest 
     risk of potential default or foreclosure.
                                 ______
                                 
      By Mr. LUGAR:
  S. 2597. A bill to authorize the extension of nondiscriminatory 
treatment (normal trade relations treatment) to the products of 
Moldova; to the Committee on Finance.
  Mr. LUGAR. Mr. President, I rise today to introduce legislation 
designed to extend permanent normal trade relations to Moldova. Moldova 
is still subject to the provisions of the Jackson-Vanik amendment to 
the Trade Act of 1974, which sanctions nations for failure to comply 
with freedom of emigration requirements. This bill would repeal 
permanently the application of Jackson-Vanik to Moldova.
  Moldova is a small country located between Ukraine and Romania. 
Throughout the Cold War it was a part of the Soviet Union. It gained 
its independence from the Soviet Union on August 27, 1991. The U.S. has 
supported Moldova in its journey toward democracy and sovereignty.
  The U.S. enjoys good relations with Moldova and has encouraged 
Moldovan efforts to integrate with Euro-Atlantic institutions. Moldova 
is an active participant in Guam, Georgia, Ukraine, Azerbaijan and 
Moldova, a group of countries that has recently concluded a new trade 
agreement with the EU.
  Since declaring independence from the Soviet Union in 1992, Moldova 
has enacted a series of democratic and free market reforms. In 2001, 
Moldova became a member of the World Trade Organization. Until the U.S. 
terminates application of Jackson-Vanik on Moldova, the U.S. will not 
benefit from Moldova's market access commitments nor can it resort to 
WTO dispute resolution mechanisms. While all other WTO members 
currently enjoy these benefits, the U.S. does not.
  The Republic of Moldova has been evaluated every year and granted 
normal trade relations with the U.S. through annual presidential 
waivers from the effects of Jackson-Vanik. The Moldovan constitution 
guarantees its citizens the right to emigrate and this right is 
respected in practice. Most emigration restrictions were eliminated in 
1991 and virtually no problems with emigration have been reported in 
the 16 years since independence. More specifically, Moldova does not 
impose emigration restrictions on members of the Jewish community. 
Synagogues function openly and without harassment. As a result, the 
Administration finds that Moldova is in full compliance with Jackson-
Vanik's provisions.
  Since declaring independence from the Soviet Union in 1992, Moldova 
has enacted a series of democratic and free market reforms. 
Parliamentary elections in 2005 and local elections in 2007 generally 
complied with international standards for democratic elections. Moldova 
has also contributed constructively towards a resolution of the long-
standing separatist conflict in the country's Transniestria region, 
most recently by proposing a series of confidence-building measures and 
working groups.
  The U.S. and Moldova have established a strong record of achievement 
in security cooperation. In 1997 the Nunn-Lugar Cooperative Threat 
Reduction Program responded to a Moldovan request for assistance. The 
U.S. purchased and secured 14 nuclear-capable MiG-29Cs from Moldova. 
These fighter aircraft were built by the former Soviet Union to launch 
nuclear weapons. Moldova expressed concern that these aircraft were 
unsecure due to the lack of funds and equipment necessary to ensure 
they were not stolen or smuggled out of the country. Specifically, 
emissaries from Iran had shown great interest and had attempted to 
acquire the aircraft. These planes were not destroyed. They were 
disassembled and shipped to Wright Patterson Air Force Base because 
they can be used by American experts for research purposes.
  Moldova has made small, but important, troop contributions in Iraq. 
These contributions include significant demining capabilities and 
contingents of combat troops. I am pleased that the U.S. remains 
prepared to assist in weapons and ammunition disposal and force 
relocation assistance to help deal with the costs of military 
realignments in Moldova and to assist with military downsizing and 
reforms.
  One of the areas where we can deepen U.S.-Moldovan relations is 
bilateral trade. In light of its adherence to freedom of emigration 
requirements, compliance with threat reduction and cooperation in the 
global war on terrorism, the products of Moldova should not be subject 
to the sanctions of Jackson-Vanik. The U.S. must remain committed and 
engaged in assisting Moldova in pursuing economic and development 
reforms. The government in Chisinau still has important work to do in 
these critical areas. The support and encouragement of the U.S. and the 
international community will be key to encouraging the Government of 
Moldova to take the necessary steps to initiate reform. The permanent 
waiver of Jackson-Vanik and establishment of permanent normal trade 
relations will be the foundation on which further progress in a 
burgeoning economic and energy partnership can be made.
  I am hopeful that my colleagues will join me in supporting this 
important legislation. It is essential that we act promptly to bolster 
this important relationship and promote stability in this region.

[[Page 1444]]


                                 ______
                                 
      By Mr. DORGAN (for himself, Mr. Bingaman, Mr. Levin, Mr. Kerry, 
        Ms. Collins, Mr. Lieberman, and Mr. Wyden):
  S. 2598. A bill to increase the supply and lower the cost of 
petroleum by temporarily suspending the acquisition of petroleum for 
the Strategic Petroleum Reserve; to the Committee on Energy and Natural 
Resources.
  Mr. DORGAN. Mr. President, today I am pleased to introduce the 
Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act 
of 2007. This bill directs the Secretary of Energy to suspend filling 
of the U.S. Strategic Petroleum Reserve, SPR, for 1 year. I appreciate 
that Senators Bingaman, Levin, Kerry, Collins, Lieberman, and Wyden 
have joined me as original cosponsors of this legislation. This bill 
directs the Secretary to stop filling the reserve through direct 
purchase, royalty-in-kind or any other measures. The secretary may only 
resume filling if the price of a barrel of crude oil drops below $50 
per barrel during the remainder of 2008.
  The price of a barrel of oil is reaching record highs and global 
supplies of oil continue to shrink. During this period of volatile 
markets and short supply, it makes no sense to me for the U.S. 
Government to continue to take highly valuable crude oil, especially 
light sweet crude, off the market to store underground in a reserve 
that is at least 96 percent full. Continuing to ``top off'' the 
Strategic Petroleum Reserve with highly valuable crude oil is putting 
upward pressure on oil prices and raising energy prices for consumers.
  I believe that we must take a ``time out'' from filling the reserve 
in order to send a signal to the market to reduce rising energy prices 
that are hitting American consumers' pocketbooks. Lowering energy costs 
will put additional money back into consumers' hands and will help 
provide a real stimulus to our economy in my judgment.
  Historically, the average price of oil used to fill the Strategic 
Petroleum Reserve has been about $27 per barrel. The Administration is 
now filling the Reserve with oil that averages over $90 per barrel, 
including highly sought after light sweet crude. This is a bad deal for 
American taxpayers and consumers.
  On January 8, 2008, the Secretary of Energy sent me a letter stating 
that our Strategic Petroleum Reserve contains only 57 days of import 
protection and that the 50,000 barrels per day they are filling with is 
a small amount of the oil used on the global market daily. This is only 
part of the story. The fact is that the SPR, combined with our private 
oil stocks and refining inventories, total more than 118 days of import 
protection. The current levels in our strategic petroleum stocks are 
more than adequate to meet our international treaty obligations 
requiring 90 days of import protection for all OECD countries. I also 
disagree that taking 50,000 barrels per day off the market, especially 
light sweet crude, has no impact on energy prices. During the Clinton 
administration, Congress signaled that it wanted more than $200 million 
sold from the SPR in 1996, the price of oil dropped precipitously in 
the market. The market looks at many factors, including our filling of 
the SPR. This is another reason we can afford to temporarily suspend 
filling the Strategic Petroleum Reserve.
  Further, the Energy Policy Act of 2005 provides directional guidance 
to expand the Strategic Petroleum Reserve. The provision in law clearly 
states that filling the reserve must be achieved ``without incurring 
excessive cost or appreciably affecting the price of petroleum products 
to consumers.'' I think filling the Strategic Petroleum Reserve in 
today's environment is indeed impacting the price of petroleum so that 
we must defer filling for now to ease pressure on the market.
  Finally, the Congress enacted and the President signed historic 
legislation in December 2008--the Energy Independence and Security Act 
of 2007. That legislation established a strong foundation to put our 
Nation on an alternative energy security pathway. This includes strong 
fuel economy standards and an expanded renewable fuels standard. 
Conservative estimates provided by the Securing America's Future Energy 
Coalition show that the new legislation would reduce net oil imports by 
1.75 million barrels per day by 2020, increasing to 2.26 million 
barrels per day in 2022 and rising thereafter. These estimates 
represent roughly half of the theoretical SPR drawdown capacity of 4.4 
million barrels per day. They also increase the number of days of 
protection afforded by a given quantity of oil in the SPR. Thus, our 
enactment of historic Energy legislation will, over time, increase the 
insurance value of the SPR, even if the actual inventory level is 
frozen or slightly decreased.
  Let me be clear. I believe maintaining a Strategic Petroleum Reserve 
is in the economic and national security interests of this country. 
However, during this time of record oil prices, rising energy costs for 
consumers, economic downturn and tight global oil supplies, the U.S. 
Government should suspend taking highly valuable oil off the market to 
store underground in the Strategic Petroleum Reserve.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2598

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Strategic Petroleum Reserve 
     Fill Suspension and Consumer Protection Act of 2008''.

     SEC. 2. SUSPENSION OF PETROLEUM ACQUISITION FOR STRATEGIC 
                   PETROLEUM RESERVE.

       (a) In General.--Except as provided in subsection (b) and 
     notwithstanding any other provision of law, during calendar 
     year 2008, the Secretary of Energy shall suspend acquisition 
     of petroleum for the Strategic Petroleum Reserve through the 
     royalty-in-kind program or any other acquisition method.
       (b) Resumption.--The Secretary may resume acquisition of 
     petroleum for the Strategic Petroleum Reserve through the 
     royalty-in-kind program or any other acquisition method under 
     subsection (a) not earlier than 30 days after the date on 
     which the Secretary notifies Congress that the Secretary has 
     determined that the weighted average price of petroleum in 
     the United States for the most recent 90-day period is $50 or 
     less per barrel.
                                 ______
                                 
      By Mr. HARKIN (for himself and Mr. Grassley):
  S. 2600. A bill to provide for the designation of a single ZIP code 
for Windsor Heights, Iowa; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. HARKIN. Mr. President, today I rise with my colleague from Iowa 
to introduce a bill to provide the town of Windsor Heights, IA, its own 
ZIP code. Currently, the residents of Windsor Heights share three ZIP 
codes with surrounding communities, Des Moines, West Des Moines, and 
Urbandale. Confusion between the ZIP codes and city boundaries has 
caused delays in mail delivery, an increased amount of undelivered 
mail, and numerous complaints from frustrated citizens. Each day 
sensitive materials, including financial statements, credit cards, 
Social Security checks, and passports pass through the mail stream. It 
is imperative that residents are able to rely on the safe and timely 
delivery of these documents.
  The complications from this problem reach beyond mail delivery. 
During the recent Iowa Caucuses, residents living in Windsor Heights 
Precinct 2 were directed to the wrong address when looking for their 
caucus location. Windsor Heights residents who use the 50322 ZIP code--
one which is shared with neighboring Urbandale--were incorrectly 
advised that the caucus location was in Urbandale, rather than Windsor 
Heights. Furthermore, because insurance rates are based on ZIP codes, 
residents pay premiums based on neighboring Des Moines and Urbandale, 
rather than Windsor Heights, making it more difficult for providers to 
sell car insurance to residents.
  City officials have tried in vain for almost 5 years to acquire a ZIP 
code for Windsor Heights. It is my hope that the Senate will quickly 
act upon this legislation to enable them to do so.
                                 ______
                                 
      By Ms. CANTWELL (for herself and Mrs. Murray):

[[Page 1445]]

  S. 2601. A bill to require the Secretary of Agriculture to convey to 
King and Kittitas Counties Fire District No. 51 a certain parcel of 
real property for use as a site for a new Snoqualmie Pass fire and 
rescue station; to the Committee on Energy and Natural Resources.
  Ms. CANTWELL. Mr. President, today I am introducing the Snoqualmie 
Pass Land Conveyance Act, together with Senator Murray. This bill would 
transfer an acre and a half of Forest Service land to the King and 
Kittitas Counties Fire District No. 51, also known as Snoqualmie Pass 
Fire and Rescue. This land would be conveyed at no cost, but would have 
to be used by the Fire District specifically for the construction of a 
new fire station or it would revert back to the Federal Government.
  Snoqualmie Pass Fire and Rescue serves a portion of two counties on 
both sides of the Cascade Mountains along Interstate 90, a community of 
350 full-time residents that peaks to 1,500 during the ski season. 
Additionally, the ski area estimates 20,000 patrons on a busy weekend, 
and the Department of Transportation estimates that up to 60,000 
vehicles travel through the fire district on a busy day making it the 
busiest mountain highway in the country.
  This area is also the major transportation corridor for goods and 
services between eastern and western Washington. The all-volunteer Fire 
Department averages over 300 calls a year with about a 10 percent 
annual increase in call volumes, which is more than triple the amount 
of calls a typical all-volunteer fire department would respond to in a 
year. Mr. Presdient, 84 percent of those incidents are for non-tax 
paying residents. Consequently, the Fire Department has the 
characteristics of a large city with the limited resources of a small 
community.
  In recent years, this area has been the scene of major winter 
snowstorms, multi-vehicle accidents, and even avalanches. The Fire 
District is often the first responder to incidents in the area, which 
is prone to rock slides and avalanches and it is not uncommon for this 
community to be isolated for hours or even days at a time. Several 
thousand people can be stranded at the Pass during those periods when 
the Pass is closed and while the Department of Transportation works 
quickly to get the roads back open, it can be very taxing on local 
resources.
  For decades, the Fire District has been leasing its current site from 
the Forest Service. They operate out of an aging building that was not 
designed to be a fire station. Through their hard work and dedication, 
they have served their community ably despite this building's many 
shortcomings. However, with traffic on the rise and the need for 
emergency services in the area growing, the Fire District needs to move 
to a true fire station.
  The Fire District has identified a nearby site that would better 
serve the public safety needs at the Pass. This location would provide 
easy access to the interstate in either direction, reducing emergency 
response times. The parcel is on Forest Service property, immediately 
adjacent to a freeway interchange, between a frontage road and the 
interstate itself. The parcel was formerly a disposal site during 
construction of the freeway and is now a gravel lot.
  I recognize that the Forest Service does not normally support 
conveyances of land free of charge. However, I believe an exception 
should be made in this particular circumstance because of the important 
public service provided by the Fire District, the heavy traffic and 
emergency calls created by nonresidents in the area, the distance of 
Snoqualmie Pass from other communities with emergency services, and 
because of the high amount of federal land ownership in the area, which 
severely limits the local tax base. In fact, the Forest Service has 
acquired 20,000 acres in King and Kittitas counties at a cost of more 
than $52 million over just the last 10 years.
  Passage of this legislation would not guarantee that a new station 
would be built. The Fire District would have to work hard to gather the 
financing that would be required from State and local sources, as well 
as any applicable Federal grants or loans. However, the conveyance of 
this site at no cost would help this Fire District hold down the 
overall cost of this project.
  I am confident this can be done with little or no impact to the 
environment. Over the last year, following the introduction of this 
legislation in the House of Representatives, H.R. 1285, there were 
ongoing discussions in Washington State to address some lingering 
issues related to this conveyance. I am pleased those discussions 
reached resolution. I am also pleased that discussions with my staff, 
Senator Murray's staff, and staff of Energy and Natural Resources 
Committee led to an amendment to H.R. 1285 before it passed the House 
of Representatives that would better tailor the conveyance to both the 
environmental and the emergency response needs at the Pass by reducing 
the amount of land to be conveyed from 3 acres to 1.5 acres.
  It is my understanding that there are offers of support to construct 
a new fire station from state and local officials, and to mitigate any 
effects of construction, and I support those efforts. To offset any 
potential impacts from construction of a new fire station and to 
improve wildlife connectivity at the pass, I encourage the Forest 
Service to work in collaboration with state and local officials, the 
Cascade Land Conservancy, Snoqualmie Fire District, Sierra Club, and 
Conservation Northwest to identify opportunities for off-site habitat 
acquisition.
  I appreciate the efforts of Senator Murray and my colleagues on the 
Energy and Natural Resources Committee to review this issue and bring 
this bill forward. I look forward to continuing to work with the 
community at the Pass and my colleagues to improve public safety in the 
area.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 2601

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Snoqualmie Pass Land 
     Conveyance Act''.

     SEC. 2. LAND CONVEYANCE, NATIONAL FOREST SYSTEM LAND, 
                   KITTITAS COUNTY, WASHINGTON.

       (a) Conveyance Required.--The Secretary of Agriculture 
     (referred to in this section as the ``Secretary'') shall 
     convey, without consideration, to King and Kittitas Counties 
     Fire District No. 51 of King and Kittitas Counties, 
     Washington (referred to in this section as the ``District''), 
     all right, title, and interest of the United States in and to 
     a parcel of National Forest System land in Kittitas County, 
     Washington, consisting of approximately 1.5 acres within the 
     SW \1/4\ of the SE \1/4\ of sec. 4, T. 22 N., R. 11 E., 
     Willamette meridian, for the purpose of permitting the 
     District to use the parcel as a site for a new Snoqualmie 
     Pass fire and rescue station.
       (b) Reversionary Interest.--
       (1) In general.--If the Secretary determines at any time 
     that the real property conveyed under subsection (a) is not 
     being used in accordance with the purpose of the conveyance 
     specified in that subsection--
       (A) all right, title, and interest in and to the property 
     shall revert, at the option of the Secretary, to the United 
     States; and
       (B) the United States shall have the right of immediate 
     entry onto the property.
       (2) Determination requirements.--A determination of the 
     Secretary under this subsection shall be made on the record 
     after an opportunity for a hearing.
       (c) Survey.--
       (1) In general.--If necessary, the exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (2) Cost.--The cost of a survey under paragraph (1) shall 
     be paid by the District.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers to be appropriate to protect the interests of the 
     United States.
                                 ______
                                 
      By Mr. SALAZAR:
  S. 2602. A bill to amend the Department of the Interior, Environment, 
and Related Agencies appropriations Act, 2008, to terminate the 
authority of the Secretary of the Treasury to deduct amounts from 
certain States; to the Committee on Energy and Natural Resources.

[[Page 1446]]


  Mr. SALAZAR. Mr. President, I rise today to introduce legislation--a 
companion bill will be introduced in the House by my colleagues 
Representatives Salazar and Udall--to restore Colorado's share of oil 
and gas leasing revenue.
  The 2008 Omnibus Appropriations bill includes a provision, requested 
by the Bush Administration, to reduce the share of mineral royalties 
paid to Colorado and other western states. Specifically, the 
administration's proposal to reduce the State's share of mineral 
revenues from 50 percent to 48 percent does not serve the taxpayers who 
fund the government nor does it serve the states that allow energy 
production to happen within their borders. Colorado is blessed with an 
abundance of natural resources, including its deposits of oil and 
natural gas. Our State's economy benefits from the production of these 
resources, and we deserve to continue receiving our fair share of the 
revenues.
  The administration attempts to justify this reduction as necessary to 
defray the administrative costs related to the management of onshore 
leasing activity. We believe this assertion is unfounded and oppose any 
attempt to take money that is rightfully owed to our State in order to 
pay for more Federal bureaucracy. This is money that our state could 
use to help mitigate the effects of increased oil and gas drilling 
activity and for other important state priorities, such as education 
and health care.
  Our legislation repeals the administration's money grab and restores 
each State's share to its full, coequal 50 percent of mineral leasing 
revenues. We cannot allow the Federal government to take oil and gas 
leasing revenues intended to help the communities of Colorado. This 
language was inserted late into last year's omnibus spending bill and 
must be corrected. Our legislation does just that.

                          ____________________




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

SENATE RESOLUTION 444--EXPRESSING THE SENSE OF THE SENATE REGARDING THE 
STRONG ALLIANCE THAT HAS BEEN FORGED BETWEEN THE UNITED STATES AND THE 
 REPUBLIC OF KOREA AND CONGRATULATING MYUNG-BAK LEE ON HIS ELECTION TO 
                THE PRESIDENCY OF THE REPUBLIC OF KOREA

  Mr. BIDEN (for himself, Ms. Murkowski, and Mr. Hagel) submitted the 
following resolution; which was referred to the Committee on Foreign 
Relations:

                              S. Res. 444

       Whereas the United States and the Republic of Korea enjoy a 
     comprehensive alliance partnership founded in shared 
     strategic interests and cemented by a commitment to 
     democratic values;
       Whereas the alliance between the United States and the 
     Republic of Korea has been forged in blood and honed by 
     struggles against common adversaries;
       Whereas on December 19, 2007, the Senate passed S. Res. 
     279, marking the 125th anniversary of the 1882 Treaty of 
     Peace, Amity, Commerce and Navigation between the Kingdom of 
     Chosun (Korea) and the United States, and recognizing that 
     ``the strength and endurance of the alliance between the 
     United States and the Republic of Korea should be 
     acknowledged and celebrated'';
       Whereas during the 60 years since the founding of the 
     Republic of Korea on August 15, 1948, the Republic of Korea, 
     with unwavering commitment and support from the United 
     States, has accomplished a remarkable economic and political 
     transformation, rising from poverty to become the 11th 
     largest economy in the world and a thriving multi-party 
     democracy;
       Whereas the Republic of Korea is the United States' seventh 
     largest trading partner and the United States is the third 
     largest trading partner of the Republic of Korea, with nearly 
     $80,000,000,000 in goods and services passing between the 2 
     countries each year;
       Whereas there are deep cultural and personal ties between 
     the people of the United States and the people of the 
     Republic of Korea, as exemplified by the large flow of 
     visitors and exchanges each year between the 2 countries and 
     the nearly 2,000,000 Korean Americans who currently reside in 
     the United States;
       Whereas the United States and the Republic of Korea are 
     working together to address the threat posed by North Korea's 
     nuclear weapons program and to build a lasting peace on the 
     Korean Peninsula;
       Whereas this alliance is promoting international peace and 
     security, economic prosperity, human rights and the rule of 
     law, not only on the Korean Peninsula, but also throughout 
     the world; and
       Whereas Myung-Bak Lee, who won election to become the next 
     President of the Republic of Korea, has affirmed his deep 
     commitment to further strengthening the alliance between the 
     United States and the Republic of Korea, by expanding areas 
     of cooperation and realizing the full potential of our 
     mutually beneficial partnership: Now, therefore, be it
       Resolved, That the Senate congratulates Myung-Bak Lee on 
     his election to the presidency of the Republic of Korea and 
     wishes him and the Korean people well on his inauguration on 
     February 25, 2008.

  Mr. BIDEN. Mr. President, today I introduce a resolution expressing 
the sense of the U.S. Senate regarding the strong alliance that has 
been forged between the U.S. and the Republic of Korea, ROK, and 
congratulating Myung-Bak Lee on his election to the presidency of the 
ROK.
  The U.S.-ROK Alliance is no ordinary alliance. It was forged in 
desperate struggle against North Korean aggressors, and it has been 
honed by more than 50 years of joint military operations on and off the 
Korean Peninsula. On the peninsula, ROK and U.S. forces stand shoulder-
to-shoulder, keeping the peace as they have done for 55 years. Off the 
peninsula, South Korean troops have fought alongside U.S. forces in 
Vietnam, Iraq twice, and Afghanistan. Even today, South Korea has more 
than 1,000 troops in Iraq. And Seoul voted last December to keep at 
least 600 troops in Iraq through the end of this year.
  The willingness of South Korea to devote blood and treasure to 
struggles far from its shores is not only a testimony to the loyalty of 
the Korean people to the American people, who came to their aid in a 
time of need, but also proof of the convergent national interests of 
the U.S. and the Republic of Korea.
  The U.S.-ROK Alliance is rooted in common strategic interests, but it 
is also fortified by common democratic values. South Korea has 
developed a vibrant democratic system, with strong protections for 
civil liberties and human rights. It was not always thus.
  South Korea's journey from authoritarianism and poverty to democracy 
and prosperity has been a long one--four decades of hard work by the 
Korean people. Democracy did not come without sacrifices. The South 
Korean government's bloody suppression of the Kwangju democracy 
uprising of May 1980, left thousands of unarmed civilian protestors 
dead or injured. Although the dictatorship persisted for another 7 
years, the democratic aspirations of the Korean people could not be 
denied.
  In the end, the Korean people accomplished a remarkably peaceful 
transition from dictatorship to democracy. By also building a robust 
economy that has lifted millions out of poverty, the Republic of Korea 
has provided a model for other developing nations in East Asia and 
beyond. South Korea is a world in information technology, with a much 
higher rate of broadband internet access, 30 percent, and more 
broadband total users, 15 million, than the United Kingdom, 24 percent, 
14 million, or France, 22 percent, 14 million.
  Just as Korea is no ordinary ally, President-elect Lee is no ordinary 
South Korean politician. The son of a farm worker, Lee was born in 
Osaka, Japan, on December 19, 1941, returning to Korea with his parents 
only after the end of World War II. As a boy, Lee worked with his 
mother, who sold ice cream, cakes, and other sundries to supplement the 
family's income. He worked as a garbage collector to help pay for 
school expenses, eventually earning admission to the prestigious Korea 
University to study business administration.
  In 1965, Lee joined Hyundai Engineering and Construction company, 
which had only 90 employees at the time. Over the course of 30 years at 
Hyundai, he advanced from junior executive to chairman, and helped 
build Hyundai into a global force in automotive manufacturing, 
construction, and real estate, with 160,000 employees.

[[Page 1447]]

  Lee's entry into politics came only after he had retired from his 
Hyundai career. He was elected Mayor of Seoul, Korea's capital and 
largest city, on a platform stressing a balance between economic 
development and environmental protection. He told the city's people 
that he would remove the elevated highway that ran through the heart of 
Seoul and restore the buried Cheonggyecheon stream--an urban waterway 
that Lee himself had helped pave over in the 1960s. His opponents 
insisted that the plan would cause traffic chaos and cost billions. 
Three years later, Cheonggyecheon was reborn, changing the face of 
Seoul. Lee also revamped the city's transportation system, adding clean 
rapid-transit buses.
  President-elect Lee stressed during his campaign that the U.S.-ROK 
alliance would be the cornerstone of Korea's security policy, and that 
strengthening and deepening the alliance would be a top priority for 
his administration. On North-South relations, he has pledged to sustain 
South Korea's engagement and investment in the North. But he has also 
articulated a policy of ``tough love,'' saying that he will consider 
progress on denuclearization as his government ponders major new 
investments designed to help modernize North Korea's economy.
  Today, as the people of the U.S. and the Republic of Korea look to 
the future, we can take comfort from the fact that we need not confront 
the challenges of North Korea's nuclear ambitions, terrorism, energy 
security, and global climate change alone.
  Working together, we will convince North Korea to abandon its nuclear 
weapons program and build a lasting peace on the Korean Peninsula. 
Working together, we can help inspire good governance and promote 
economic growth in Asia and beyond. We can lead by example and 
demonstrate that nations that respect the human rights of their 
citizens are nations that are innovative, prosperous, and peaceful.
  It is in celebration of the promise of this important partnership 
that I rise today, in concert with the Senator from Alaska, Senator 
Murkowski, to offer a resolution marking another milestone in South 
Korea's democracy--the election of Myung-Bak Lee as President--and 
wishing him and the Korean people well as they embark on the next stage 
of South Korea's remarkable journey from the horrors of the Korean War 
to the bright future that is today arriving at light speed in the 
Republic of Korea.

                          ____________________




   SENATE CONCURRENT RESOLUTION 65--CELEBRATING THE BIRTH OF ABRAHAM 
LINCOLN AND RECOGNIZING THE PROMINENCE THE DECLARATION OF INDEPENDENCE 
         PLAYED IN THE DEVELOPMENT OF ABRAHAM LINCOLN'S BELIEFS

  Mr. DURBIN submitted the following concurrent resolution; which was 
referred to the Committee on the Judiciary:

                            S. Con. Res. 65

       Whereas Abraham Lincoln, the 16th President of the United 
     States, was born of humble roots on February 12, 1809, in 
     Hardin County, Kentucky;
       Whereas Abraham Lincoln rose to political prominence as an 
     attorney with a reputation for fairness, honesty, and a 
     belief that all men are created equal and that they are 
     endowed by their Creator with certain unalienable rights;
       Whereas Abraham Lincoln was elected and served with 
     distinction in 1832 as a captain of an Illinois militia 
     company during the Black Hawk War;
       Whereas Abraham Lincoln was elected to the Illinois 
     legislature in 1834 from Sangamon County and was successively 
     reelected until 1840;
       Whereas Abraham Lincoln revered the Declaration of 
     Independence, forming the motivating moral and natural law 
     principle for his opposition to the spread of slavery to new 
     States entering the Union and to his belief in slavery's 
     ultimate demise;
       Whereas Abraham Lincoln was elected in 1846 to serve in the 
     United States House of Representatives, ably representing 
     central Illinois;
       Whereas Abraham Lincoln re-entered political life as a 
     reaction to the passage of the Kansas-Nebraska Act in 1854, 
     which he opposed;
       Whereas Abraham Lincoln expounded on his views of natural 
     rights during the series of debates with Stephen A. Douglas 
     in 1858, declaring in Charleston, Illinois that natural 
     rights were ``enumerated in the Declaration of Independence, 
     the right to life, liberty and the pursuit of happiness'', 
     and these views brought Lincoln into national prominence;
       Whereas Abraham Lincoln, through a legacy of courage, 
     character, and patriotism, was elected to office as the 16th 
     President of the United States on November 6, 1860;
       Whereas Abraham Lincoln believed the Declaration of 
     Independence to be the anchor of American republicanism, 
     stating on February 22, 1861, during an address at 
     Independence Hall in Philadelphia, Pennsylvania that, ``I 
     have never had a feeling politically that did not spring from 
     the sentiments embodied in the Declaration of Independence . 
     . . I have often inquired of myself, what great principle or 
     idea it was that kept this Confederacy so long together. It 
     was not the mere matter of separation of the Colonies from 
     the motherland; but that sentiment in the Declaration of 
     Independence which gave liberty, not alone to the people of 
     this country, but, I hope, to the world, for all future time. 
     It was that which gave promise that in due time the weight 
     would be lofted from the shoulders of men'';
       Whereas, upon taking office and being thrust into the midst 
     of the Civil War, President Abraham Lincoln wrote the 
     Emancipation Proclamation, freeing all slaves in southern 
     States that seceded from the Union on January 1, 1863;
       Whereas, on November 19, 1863, Abraham Lincoln dedicated 
     the battlefield at Gettysburg, Pennsylvania with the 
     Gettysburg Address, which would later be known as his 
     greatest speech, that harkened back to the promises of the 
     Declaration of Independence in the first sentence: ``Four 
     score and seven years ago, our fathers brought forth, on this 
     continent, a new nation, conceived in Liberty, and dedicated 
     to the proposition that all men are created equal'';
       Whereas Abraham Lincoln was reelected to the presidency on 
     November 8, 1864, by 55 percent of the popular vote;
       Whereas Abraham Lincoln gave the ultimate sacrifice for his 
     country, dying 6 weeks into his second term on April 15, 
     1865;
       Whereas the year 2009 will be the bicentennial anniversary 
     of the birth of Abraham Lincoln, and the United States will 
     observe 2 years of commemorations beginning February 12, 
     2008; and
       Whereas all Americans could benefit from studying the life 
     of Abraham Lincoln as a model of achieving the American Dream 
     through honesty, integrity, loyalty, and a lifetime of 
     education: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That Congress--
       (1) requests that the President issue a proclamation each 
     year recognizing the anniversary of the birth of President 
     Abraham Lincoln and calling upon the people of the United 
     States to observe such anniversary with appropriate 
     ceremonies and activities; and
       (2) encourages State and local governments and local 
     educational agencies to devote sufficient time to study and 
     appreciate the reverence and respect Abraham Lincoln had for 
     the significance and importance of the Declaration of 
     Independence in the development of American history, 
     jurisprudence, and the spread of freedom around the world.

                          ____________________




                   AMENDMENTS SUBMITTED AND PROPOSED

       SA 3989. Mr. ALLARD submitted an amendment intended to be 
     proposed by him to the bill H.R. 5140, to provide economic 
     stimulus through recovery rebates to individuals, incentives 
     for business investment, and an increase in conforming and 
     FHA loan limits; which was ordered to lie on the table.
       SA 3990. Mr. ALLARD submitted an amendment intended to be 
     proposed by him to the bill H.R. 5140, supra; which was 
     ordered to lie on the table.
       SA 3991. Mr. SANDERS (for himself, Mr. Akaka, and Mr. 
     Kerry) submitted an amendment intended to be proposed to 
     amendment SA 3983 proposed by Mr. Reid to the bill H.R. 5140, 
     supra; which was ordered to lie on the table.
       SA 3992. Mr. BROWN (for himself, Mrs. Boxer, Mr. Bingaman, 
     Mr. Sanders, and Mr. Schumer) submitted an amendment intended 
     to be proposed by him to the bill H.R. 5140, supra; which was 
     ordered to lie on the table.
       SA 3993. Mr. ALEXANDER submitted an amendment intended to 
     be proposed to amendment SA 3983 proposed by Mr. Reid to the 
     bill H.R. 5140, supra; which was ordered to lie on the table.
       SA 3994. Mr. ALEXANDER submitted an amendment intended to 
     be proposed to amendment SA 3983 proposed by Mr. Reid to the 
     bill H.R. 5140, supra; which was ordered to lie on the table.
       SA 3995. Mr. NELSON, of Florida (for himself and Ms. Snowe) 
     submitted an amendment intended to be proposed to amendment 
     SA 3983 proposed by Mr. Reid to the bill H.R.

[[Page 1448]]

     5140, supra; which was ordered to lie on the table.
       SA 3996. Mr. NELSON, of Florida (for himself and Ms. Snowe) 
     submitted an amendment intended to be proposed to amendment 
     SA 3983 proposed by Mr. Reid to the bill H.R. 5140, supra; 
     which was ordered to lie on the table.
       SA 3997. Mr. HARKIN submitted an amendment intended to be 
     proposed to amendment SA 3893 submitted by Mr. Brownback (for 
     himself, Mr. Dorgan, Ms. Cantwell, and Mr. Inouye) to the 
     amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. 
     Murkowski, Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of 
     Nebraska, and Mr. Salazar) to the bill S. 1200, to amend the 
     Indian Health Care Improvement Act to revise and extend the 
     Act; which was ordered to lie on the table.
       SA 3998. Mr. DORGAN submitted an amendment intended to be 
     proposed by him to the bill H.R. 5140, to provide economic 
     stimulus through recovery rebates to individuals, incentives 
     for business investment, and an increase in conforming and 
     FHA loan limits; which was ordered to lie on the table.
       SA 3999. Ms. LANDRIEU (for herself and Mr. Vitter) 
     submitted an amendment intended to be proposed to amendment 
     SA 3983 proposed by Mr. Reid to the bill H.R. 5140, supra; 
     which was ordered to lie on the table.
       SA 4000. Ms. LANDRIEU (for herself and Mr. Vitter) 
     submitted an amendment intended to be proposed to amendment 
     SA 3983 proposed by Mr. Reid to the bill H.R. 5140, supra; 
     which was ordered to lie on the table.
       SA 4001. Mr. NELSON, of Nebraska submitted an amendment 
     intended to be proposed to amendment SA 3983 proposed by Mr. 
     Reid to the bill H.R. 5140, supra; which was ordered to lie 
     on the table.
       SA 4002. Mr. SANDERS (for himself and Mrs. Clinton) 
     submitted an amendment intended to be proposed to amendment 
     SA 3983 proposed by Mr. Reid to the bill H.R. 5140, supra; 
     which was ordered to lie on the table.
       SA 4003. Mr. SANDERS (for himself and Mrs. Clinton) 
     submitted an amendment intended to be proposed to amendment 
     SA 3983 proposed by Mr. Reid to the bill H.R. 5140, supra; 
     which was ordered to lie on the table.
       SA 4004. Mr. SANDERS (for himself, Mrs. Clinton, and Mr. 
     Kerry) submitted an amendment intended to be proposed to 
     amendment SA 3983 proposed by Mr. Reid to the bill H.R. 5140, 
     supra; which was ordered to lie on the table.
       SA 4005. Mr. SANDERS submitted an amendment intended to be 
     proposed to amendment SA 3983 proposed by Mr. Reid to the 
     bill H.R. 5140, supra; which was ordered to lie on the table.
       SA 4006. Mr. CHAMBLISS (for himself, Mr. Crapo, Mr. DeMint, 
     and Mr. Coburn) submitted an amendment intended to be 
     proposed to amendment SA 3983 proposed by Mr. Reid to the 
     bill H.R. 5140, supra; which was ordered to lie on the table.
       SA 4007. Mr. WYDEN (for himself, Mr. Thune, Mr. Dodd, Mr. 
     Shelby, Mrs. Clinton, Mr. Durbin, Mr. Harkin, Mr. Johnson, 
     Mr. Menendez, Ms. Mikulski, Mr. Reed, Mr. Sanders, Mr. 
     Schumer, and Mr. Webb) submitted an amendment intended to be 
     proposed to amendment SA 3983 proposed by Mr. Reid to the 
     bill H.R. 5140, supra; which was ordered to lie on the table.
       SA 4008. Mr. McCONNELL (for himself, Mr. Stevens, Mr. 
     Roberts, Mr. Bond, Mr. Brownback, Mr. Bunning, Mr. Cornyn, 
     Mr. Hatch, Mr. Sununu, Mr. Alexander, Mr. Burr, Mr. Isakson, 
     Mr. Vitter, Mr. Thune, Mr. Chambliss, Mr. Kyl, Mr. Graham, 
     Mr. Craig, and Mr. Crapo) submitted an amendment intended to 
     be proposed by him to the bill H.R. 5140, supra; which was 
     ordered to lie on the table.

                          ____________________




                           TEXT OF AMENDMENTS

  SA 3989. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill H.R. 5140, to provide economic stimulus through 
recovery rebates to individuals, incentives for business investment, 
and an increase in conforming and FHA loan limits; which was ordered to 
lie on the table; as follows:

       On page 55, between lines 19 and 20, insert the following:

     SEC. 203. TEMPORARY INCREASE IN LOAN LIMIT FOR HOME EQUITY 
                   CONVERSION MORTGAGES.

       For home equity conversion mortgages originated during the 
     period beginning on July 1, 2007, and ending at the end of 
     December 31, 2008, notwithstanding section 255(g) of the 
     National Housing Act (12 U.S.C. 1715z-20(g)), the limitation 
     on the maximum principal obligation of a home equity 
     conversion mortgage that may be insured by the Secretary of 
     Housing and Urban Development under such section 255 shall 
     not exceed the dollar limitation established under section 
     201(a)(2) of this Act (relating to increased loan limits for 
     the Federal Home Loan Mortgage Corporation).

     SEC. 204. TEMPORARY INCREASE IN LOAN LIMIT FOR MANUFACTURED 
                   HOUSING.

       During the period beginning on July 1, 2007, and ending at 
     the end of December 31, 2008, with respect to any bank, trust 
     company, personal finance company, mortgage company, building 
     and loan association, installment lending company, or other 
     such financial institution, that received or seeks insurance 
     protection under section 2 of the National Housing Act (12 
     U.S.C. 1703(b)), the dollar limitation against losses which 
     may sustain as a result of a loan, advance of credit, or 
     purchase of an obligation representing such loans and 
     advances shall not exceed--
       (1) $25,090 if made for the purpose of financing 
     alterations, repairs and improvements upon or in connection 
     with existing manufactured homes;
       (2) $69,678 if made for the purpose of financing the 
     purchase of a manufactured home;
       (3) $92,904 if made for the purpose of financing the 
     purchase of a manufactured home and a suitably developed lot 
     on which to place the home; and
       (4) $23,226 if made for the purpose of financing the 
     purchase, by an owner of a manufactured home which is the 
     principal residence of that owner, of a suitably developed 
     lot on which to place that manufactured home, and if the 
     owner certifies that he or she will place the manufactured 
     home on the lot acquired with such loan within 6 months after 
     the date of such loan.
                                 ______
                                 
  SA 3990. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill H.R. 5140, to provide economic stimulus through 
recovery rebates to individuals, incentives for business investment, 
and an increase in conforming and FHA loan limits; which was ordered to 
lie on the table; as follows:

       On page 14, after line 22, insert the following:

     SEC. 104. CARRYBACK OF CERTAIN NET OPERATING LOSSES ALLOWED 
                   FOR 5 YEARS; TEMPORARY SUSPENSION OF 90 PERCENT 
                   AMT LIMIT.

       (a) In General.--Subparagraph (H) of section 172(b)(1) of 
     the Internal Revenue Code of 1986 is amended to read as 
     follows:
       ``(H) 5-year carryback of certain losses.--
       ``(i) Taxable years ending during 2001 and 2002.--In the 
     case of a net operating loss for any taxable year ending 
     during 2001 or 2002, subparagraph (A)(i) shall be applied by 
     substituting `5' for `2' and subparagraph (F) shall not 
     apply.
       ``(ii) Taxable years beginning or ending during 2006, 2007, 
     and 2008.--In the case of a net operating loss for any 
     taxable year beginning or ending during 2006, 2007, or 2008--

       ``(I) subparagraph (A)(i) shall be applied by substituting 
     `5' for `2',
       ``(II) subparagraph (E)(ii) shall be applied by 
     substituting `4' for `2', and
       ``(III) subparagraph (F) shall not apply.''.

       (b) Temporary Suspension of 90 Percent Limit on Certain NOL 
     Carrybacks and Carryovers.--
       (1) In general.--Section 56(d) of the of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new paragraph:
       ``(3) Additional adjustments.--For purposes of paragraph 
     (1)(A), the amount described in clause (I) of paragraph 
     (1)(A)(ii) shall be increased by the amount of the net 
     operating loss deduction allowable for the taxable year under 
     section 172 attributable to the sum of--
       ``(A) carrybacks of net operating losses from taxable years 
     beginning or ending during 2006, 2007, and 2008, and
       ``(B) carryovers of net operating losses to taxable years 
     beginning or ending during 2006, 2007, or 2008.''.
       (2) Conforming amendment.--Subclause (I) of section 
     56(d)(1)(A)(i) of such Code is amended by inserting ``amount 
     of such'' before ``deduction described in clause (ii)(I)''.
       (c) Anti-Abuse Rules.--The Secretary of Treasury or the 
     Secretary's designee shall prescribes such rules as are 
     necessary to prevent the abuse of the purposes of the 
     amendments made by this section, including anti-stuffing 
     rules, anti-churning rules (including rules relating to sale-
     leasebacks), and rules similar to the rules under section 
     1091 of the Internal Revenue Code of 1986 relating to losses 
     from wash sales.
       (d) Effective Dates.--
       (1) Subsection (a).--
       (A) In general.--Except as provided in subparagraph (B), 
     the amendments made by subsection (a) shall apply to net 
     operating losses arising in taxable years beginning or ending 
     in 2006, 2007, or 2008.
       (B) Election.--In the case of a net operating loss for a 
     taxable year beginning or ending during 2006 or 2007--
       (i) any election made under section 172(b)(3) of the 
     Internal Revenue Code of 1986 may (notwithstanding such 
     section) be revoked before November 1, 2008, and
       (ii) any election made under section 172(j) of such Code 
     shall (notwithstanding such section) be treated as timely 
     made if made before November 1, 2008.
       (2) Subsection (b).--The amendments made by subsection (b) 
     shall apply to taxable years ending after December 31, 1995.
                                 ______
                                 
  SA 3991. Mr. SANDERS (for himself, Mr. Akaka, and Mr. Kerry) 
submitted an amendment intended to be proposed to amendment SA 3983 
proposed by Mr.

[[Page 1449]]

Reid to the bill H.R. 5140, to provide economic stimulus through 
recovery rebates to individuals, incentives for business investment, 
and an increase in conforming and FHA loan limits; which was ordered to 
lie on the table; as follows:

       At the end of the bill, add the following:

                       TITLE VI--OTHER ASSISTANCE

     SEC. 601. TEMPORARY INCREASE IN SPECIALLY ADAPTED HOUSING 
                   BENEFITS FOR DISABLED VETERANS.

       (a) In General.--Section 2102 of title 38, United States 
     Code, is amended--
       (1) in subsection (b)(2), by striking ``$10,000'' and 
     inserting ``$12,000''; and
       (2) in subsection (d)--
       (A) in paragraph (1), by striking ``$50,000'' and inserting 
     ``$60,000''; and
       (B) in paragraph (2), by striking ``$10,000'' and inserting 
     ``$12,000''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall be effective during the period beginning on the date of 
     the enactment of this Act and ending on September 30, 2008.
       (c) Revival.--Effective on October 1, 2008, the provisions 
     of subsection (b)(2) and paragraphs (1) and (2) of subsection 
     (d) of such section 2102, as such provisions were in effect 
     on the day before the date of the enactment of this Act, are 
     hereby revived.

     SEC. 602. TEMPORARY INCREASE IN ASSISTANCE FOR PROVIDING 
                   AUTOMOBILES OR OTHER CONVEYANCES TO CERTAIN 
                   DISABLED VETERANS.

       (a) In General.--Section 3902(a) of title 38, United States 
     Code, is amended by striking ``$11,000'' and inserting 
     ``$22,484''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective during the period beginning on the date of 
     the enactment of this Act and ending on September 30, 2008.
       (c) Revival.--Effective on October 1, 2008, the provisions 
     of such section 3902(a), as such provisions were in effect on 
     the day before the date of the enactment of this Act, are 
     hereby revived.
                                 ______
                                 
  SA 3992. Mr. BROWN (for himself, Mrs. Boxer, Mr. Bingaman, Mr. 
Sanders, and Mr. Schumer) submitted an amendment intended to be 
proposed by him to the bill H.R. 5140, to provide economic stimulus 
through recovery rebates to individuals, incentives for business 
investment, and an increase in conforming and FHA loan limits; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EMERGENCY FUNDING.

       (a) In General.--There is hereby appropriated to the 
     Secretary of Agriculture to carry out the purposes of section 
     27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2036(a)) 
     $100,000,000, to remain available until expended.
       (b) Use of Funds.--
       (1) In general.--In carrying out subsection (a), the 
     Secretary may--
       (A) waive such procurement rules as may be necessary to 
     expedite the purchase and distribution of commodities to 
     emergency feeding organizations; and
       (B) divert to the emergency food assistance program 
     established under the Emergency Food Assistance Act of 1983 
     (7 U.S.C. 7501 et seq.) commodities held in inventory for 
     other programs that can be replaced at a later date without 
     program disruption.
       (2) Distribution costs.--A State may choose to use up to 10 
     percent of the total funds made available to the State under 
     this section for distribution costs.
                                 ______
                                 
  SA 3993. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 3983 proposed by Mr. Reid to the bill H.R. 5140, to 
provide economic stimulus through recovery rebates to individuals, 
incentives for business investment, and an increase in conforming and 
FHA loan limits; which was ordered to lie on the table; as follows:

       On page 33, strike line 1 through page 44, line 24.
                                 ______
                                 
  SA 3994. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 3983 proposed by Mr. Reid to the bill H.R. 5140, to 
provide economic stimulus through recovery rebates to individuals, 
incentives for business investment, and an increase in conforming and 
FHA loan limits; which was ordered to lie on the table; as follows:

       On page 34, strike line 20 through page 37, line 6, and 
     insert the following:

     SEC. 125. EXTENSION OF NEW ENERGY EFFICIENT HOME CREDIT.

       Subsection (g) of section 45L of the Internal Revenue Code 
     of 1986 (relating to termination) is amended by striking 
     ``December 31, 2008'' and inserting ``December 31, 2009''.

     SEC. 126. EXTENSION OF ENERGY CREDIT.

       (a) Solar Energy Property.--Paragraphs (2)(A)(i)(II) and 
     (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 
     1986 (relating to energy credit) are each amended by striking 
     ``January 1, 2009'' and inserting ``January 1, 2010''.
       (b) Fuel Cell Property.--Subparagraph (E) of section 
     48(c)(1) of the Internal Revenue Code of 1986 (relating to 
     qualified fuel cell property) is amended by striking 
     ``December 31, 2008'' and inserting ``December 31, 2009''.
       (c) Microturbine Property.--Subparagraph (E) of section 
     48(c)(2) of the Internal Revenue Code of 1986 (relating to 
     qualified microturbine property) is amended by striking 
     ``December 31, 2008'' and inserting ``December 31, 2009''.
                                 ______
                                 
  SA 3995. Mr. NELSON of Florida (for himself and Ms. Snowe) submitted 
an amendment intended to be proposed to amendment SA 3983 proposed by 
Mr. Reid to the bill H.R. 5140, to provide economic stimulus through 
recovery rebates to individuals, incentives for business investment, 
and an increase in conforming and FHA loan limits; which was ordered to 
lie on the table; as follows:

       At the end of title I, add the following:

     SEC. ___. REFUND CHECK INTEGRITY PROTECTION.

       (a) Definitions.--In this section:
       (1) Domain name.--The term ``domain name'' means any 
     alphanumeric designation that is registered with or assigned 
     by any domain name registrar, domain name registry, or other 
     domain name registration authority as part of an electronic 
     address on the Internet.
       (2) Electronic mail address.--The term ``electronic mail 
     address'' means a destination, commonly expressed as a string 
     of characters, consisting of a unique user name or mailbox 
     (commonly referred to as the ``local part'') and a reference 
     to an Internet domain (commonly referred to as the ``domain 
     part''), whether or not displayed, to which an electronic 
     mail message can be sent or delivered.
       (3) Electronic mail message.--The term ``electronic mail 
     message'' means a message sent to a unique electronic mail 
     address.
       (4) Identifying information.--The term ``identifying 
     information'', with respect to an individual, means any of 
     the following:
       (A) The last name of the individual combined with the first 
     initial or first name of the individual.
       (B) The home address of the individual.
       (C) The telephone number of the individual.
       (D) The social security number of the individual.
       (E) The taxpayer identification number of the individual.
       (F) The employer identification number that is the same as 
     or is derived from the social security number of the 
     individual.
       (G) A financial account number, credit card number, or 
     debit card number of the individual that is combined with any 
     required security code, access code, or password that would 
     permit access to a financial account of such individual.
       (H) The driver's license identification number or State 
     resident identification number of the individual.
       (I) Such other information that is sufficient to identify 
     the individual by name.
       (5) Internet.--The term ``Internet'' means the 
     international computer network of both Federal and non-
     Federal interoperable packet switched data networks.
       (6) Web page.--The term ``web page'' means a location, with 
     respect to the World Wide Web, that has a single Uniform 
     Resource Locator or another single location with respect to 
     the Internet, as the Federal Trade Commission may prescribe.
       (b) Use of Deceptive or Misleading Web Pages, Domain Names, 
     and Electronic Mail Messages Referring to the Internal 
     Revenue Service.--It shall be unlawful for any person, by 
     means of a web page, domain name, electronic mail message, or 
     otherwise through the use of the Internet, to solicit, 
     request, or take any action, to induce an individual to 
     provide identifying information by representing itself to be 
     the Internal Revenue Service, or another governmental office 
     administering any refund of Federal taxes, without the 
     authority or approval of the Commissioner of Internal 
     Revenue, if--
       (1) the representing person does not have the express 
     authority or approval of the Commissioner of Internal Revenue 
     or other governmental office to represent itself as the 
     Internal Revenue Service, or another governmental office 
     administering any refund of Federal taxes; and
       (2) the representing person has actual knowledge, or 
     knowledge fairly implied on the basis of objective 
     circumstances, that such web page, domain name, electronic 
     mail message, or other means would be likely to mislead an 
     individual, acting reasonably under the circumstances, about 
     a material fact regarding the contents of such electronic 
     mail message, instant message, web page, or advertisement 
     (consistent with the criteria used in the enforcement of 
     section 5 of the Federal Trade Commission Act (15 U.S.C. 
     45)).
       (c) Enforcement by Federal Trade Commission.--

[[Page 1450]]

       (1) Unfair or deceptive act or practice.--A violation of a 
     prohibition described in subsection (b) shall be treated as a 
     violation of a rule defining an unfair or deceptive act or 
     practice described under section 18(a)(1)(B) of the Federal 
     Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
       (2) Actions by the federal trade commission.--The Federal 
     Trade Commission shall enforce the provisions of paragraph 
     (1) and subsection (b) in the same manner, by the same means, 
     and with the same jurisdiction, powers, and duties as though 
     all applicable terms and provisions of the Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
     and made part of this section.
       (3) Availability of cease-and-desist orders and injunctive 
     relief without showing of knowledge.--In any proceeding or 
     action pursuant to paragraph (2) to enforce compliance 
     through an order to cease and desist or an injunction, the 
     Federal Trade Commission shall not be required to allege or 
     prove the state of mind required by subsection (b).
       (d) Refund Check Protection Working Group.--
       (1) Establishment.--Not later than 30 days after the date 
     of the enactment of this section, the Commissioner of 
     Internal Revenue shall establish a working group to be known 
     as the ``Refund Check Protection Working Group'' (hereafter 
     in this subsection referred to as the ``Working Group'').
       (2) Membership.--
       (A) Appointment and consultation.--Subject to subparagraph 
     (B), members of the Working group shall be appointed by the 
     Commissioner of Internal Revenue in consultation with the 
     head of each of the agencies described in such subparagraph.
       (B) Composition.--The Working Group shall be composed of 5 
     members of whom--
       (i) 1 shall be a representative of the Internal Revenue 
     Service;
       (ii) 1 shall be a representative of the Federal Trade 
     Commission;
       (iii) 1 shall be a representative of the Department of 
     Justice;
       (iv) 1 shall be a representative of the Federal Bureau of 
     Investigation; and
       (v) 1 shall be a representative of the Secret Service.
       (C) Chair.--The Working Group shall select a chair from 
     among its members.
       (3) Duties.--
       (A) Best practices.--The Working Group shall collect, 
     review, disseminate, and advise on best practices and any 
     additional governmental efforts required to protect the 
     integrity of the distribution of refunds for Federal taxes.
       (B) Monthly report.--Not later than 3 months after the date 
     on which the Working Group is established, and every month 
     thereafter, the Working Group shall submit to Congress a 
     report on its findings with respect to its activities under 
     subparagraph (A).
       (4) Termination.--This Working Group shall terminate 180 
     days after the date of the enactment of this section.
       (e) Effect on Federal Trade Commission Act.--Nothing in 
     this section may be construed to reduce the authority of the 
     Federal Trade Commission to bring enforcement actions under 
     the Federal Trade Commission Act for materially false or 
     deceptive representations or unfair practices on the 
     Internet.
                                 ______
                                 
  SA 3996. Mr. NELSON of Florida (for himself and Ms. Snowe) submitted 
an amendment intended to be proposed to amendment SA 3983 proposed by 
Mr. Reid to the bill H.R. 5140, to provide economic stimulus through 
recovery rebates to individuals, incentives for business investment, 
and an increase in conforming and FHA loan limits; which was ordered to 
lie on the table; as follows:

       On page 49, after line 19, add the following:

                      Subtitle E--Other Provisions

     SEC. 132. REFUND CHECK INTEGRITY PROTECTION.

       (a) Definitions.--In this section:
       (1) Domain name.--The term ``domain name'' means any 
     alphanumeric designation that is registered with or assigned 
     by any domain name registrar, domain name registry, or other 
     domain name registration authority as part of an electronic 
     address on the Internet.
       (2) Electronic mail address.--The term ``electronic mail 
     address'' means a destination, commonly expressed as a string 
     of characters, consisting of a unique user name or mailbox 
     (commonly referred to as the ``local part'') and a reference 
     to an Internet domain (commonly referred to as the ``domain 
     part''), whether or not displayed, to which an electronic 
     mail message can be sent or delivered.
       (3) Electronic mail message.--The term ``electronic mail 
     message'' means a message sent to a unique electronic mail 
     address.
       (4) Identifying information.--The term ``identifying 
     information'', with respect to an individual, means any of 
     the following:
       (A) The last name of the individual combined with the first 
     initial or first name of the individual.
       (B) The home address of the individual.
       (C) The telephone number of the individual.
       (D) The social security number of the individual.
       (E) The taxpayer identification number of the individual.
       (F) The employer identification number that is the same as 
     or is derived from the social security number of the 
     individual.
       (G) A financial account number, credit card number, or 
     debit card number of the individual that is combined with any 
     required security code, access code, or password that would 
     permit access to a financial account of such individual.
       (H) The driver's license identification number or State 
     resident identification number of the individual.
       (I) Such other information that is sufficient to identify 
     the individual by name.
       (5) Internet.--The term ``Internet'' means the 
     international computer network of both Federal and non-
     Federal interoperable packet switched data networks.
       (6) Web page.--The term ``web page'' means a location, with 
     respect to the World Wide Web, that has a single Uniform 
     Resource Locator or another single location with respect to 
     the Internet, as the Federal Trade Commission may prescribe.
       (b) Use of Deceptive or Misleading Web Pages, Domain Names, 
     and Electronic Mail Messages Referring to the Internal 
     Revenue Service.--It shall be unlawful for any person, by 
     means of a web page, domain name, electronic mail message, or 
     otherwise through the use of the Internet, to solicit, 
     request, or take any action, to induce an individual to 
     provide identifying information by representing itself to be 
     the Internal Revenue Service, or another governmental office 
     administering any refund of Federal taxes, without the 
     authority or approval of the Commissioner of Internal 
     Revenue, if--
       (1) the representing person does not have the express 
     authority or approval of the Commissioner of Internal Revenue 
     or other governmental office to represent itself as the 
     Internal Revenue Service, or another governmental office 
     administering any refund of Federal taxes; and
       (2) the representing person has actual knowledge, or 
     knowledge fairly implied on the basis of objective 
     circumstances, that such web page, domain name, electronic 
     mail message, or other means would be likely to mislead an 
     individual, acting reasonably under the circumstances, about 
     a material fact regarding the contents of such electronic 
     mail message, instant message, web page, or advertisement 
     (consistent with the criteria used in the enforcement of 
     section 5 of the Federal Trade Commission Act (15 U.S.C. 
     45)).
       (c) Enforcement by Federal Trade Commission.--
       (1) Unfair or deceptive act or practice.--A violation of a 
     prohibition described in subsection (b) shall be treated as a 
     violation of a rule defining an unfair or deceptive act or 
     practice described under section 18(a)(1)(B) of the Federal 
     Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
       (2) Actions by the federal trade commission.--The Federal 
     Trade Commission shall enforce the provisions of paragraph 
     (1) and subsection (b) in the same manner, by the same means, 
     and with the same jurisdiction, powers, and duties as though 
     all applicable terms and provisions of the Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
     and made part of this section.
       (3) Availability of cease-and-desist orders and injunctive 
     relief without showing of knowledge.--In any proceeding or 
     action pursuant to paragraph (2) to enforce compliance 
     through an order to cease and desist or an injunction, the 
     Federal Trade Commission shall not be required to allege or 
     prove the state of mind required by subsection (b).
       (d) Refund Check Protection Working Group.--
       (1) Establishment.--Not later than 30 days after the date 
     of the enactment of this section, the Commissioner of 
     Internal Revenue shall establish a working group to be known 
     as the ``Refund Check Protection Working Group'' (hereafter 
     in this subsection referred to as the ``Working Group'').
       (2) Membership.--
       (A) Appointment and consultation.--Subject to subparagraph 
     (B), members of the Working group shall be appointed by the 
     Commissioner of Internal Revenue in consultation with the 
     head of each of the agencies described in such subparagraph.
       (B) Composition.--The Working Group shall be composed of 5 
     members of whom--
       (i) 1 shall be a representative of the Internal Revenue 
     Service;
       (ii) 1 shall be a representative of the Federal Trade 
     Commission;
       (iii) 1 shall be a representative of the Department of 
     Justice;
       (iv) 1 shall be a representative of the Federal Bureau of 
     Investigation; and
       (v) 1 shall be a representative of the Secret Service.
       (C) Chair.--The Working Group shall select a chair from 
     among its members.
       (3) Duties.--
       (A) Best practices.--The Working Group shall collect, 
     review, disseminate, and advise

[[Page 1451]]

     on best practices and any additional governmental efforts 
     required to protect the integrity of the distribution of 
     refunds for Federal taxes.
       (B) Monthly report.--Not later than 3 months after the date 
     on which the Working Group is established, and every month 
     thereafter, the Working Group shall submit to Congress a 
     report on its findings with respect to its activities under 
     subparagraph (A).
       (4) Termination.--This Working Group shall terminate 180 
     days after the date of the enactment of this section.
       (e) Effect on Federal Trade Commission Act.--Nothing in 
     this section may be construed to reduce the authority of the 
     Federal Trade Commission to bring enforcement actions under 
     the Federal Trade Commission Act for materially false or 
     deceptive representations or unfair practices on the 
     Internet.
                                 ______
                                 
  SA 3997. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 3983 submitted by Mr. Brownback (for himself, Mr. Dorgan, 
Ms. Cantwell, and Mr. Inouye) to the amendment SA 3899 proposed by Mr. 
Dorgan (for himself, Ms. Murkowski, Mr. Baucus, Mr. Kennedy, Mr. Smith, 
Mr. Nelson of Nebraska, and Mr. Salazar) to the bill S. 1200, to amend 
the Indian Health Care Improvement Act to revise and extend the Act; 
which was ordered to lie on the table; as follows:

       On page 4, line 13, strike ``$150,000 ($300,000'' and 
     insert ``$75,000 ($150,000''.
                                 ______
                                 
  SA 3998. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill H.R. 5140, to provide economic stimulus through 
recovery rebates to individuals, incentives for business investment, 
and an increase in conforming and FHA loan limits; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SUSPENSION OF PETROLEUM ACQUISITION FOR STRATEGIC 
                   PETROLEUM RESERVE.

       (a) In General.--Except as provided in subsection (b) and 
     notwithstanding any other provision of law, during calendar 
     year 2008, the Secretary of Energy shall suspend acquisition 
     of petroleum for the Strategic Petroleum Reserve through the 
     royalty-in-kind program or any other acquisition method.
       (b) Resumption.--The Secretary may resume acquisition of 
     petroleum for the Strategic Petroleum Reserve through the 
     royalty-in-kind program or any other acquisition method under 
     subsection (a) not earlier than 30 days after the date on 
     which the Secretary notifies Congress that the Secretary has 
     determined that the weighted average price of petroleum in 
     the United States for the most recent 90-day period is $50 or 
     less per barrel.
                                 ______
                                 
  SA 3999. Ms. LANDRIEU (for herself and Mr. Vitter) submitted an 
amendment intended to be proposed to amendment SA 3983 proposed by Mr. 
Reid to the bill H.R. 5140, to provide economic stimulus through 
recovery rebates to individuals, incentives for business investment, 
and an increase in conforming and FHA loan limits; which was ordered to 
lie on the table; as follows:

       On page 13, before line 4, insert the following:

     SEC. 102. USE OF AMENDED INCOME TAX RETURNS TO TAKE INTO 
                   ACCOUNT RECEIPT OF CERTAIN HURRICANE-RELATED 
                   CASUALTY LOSS GRANTS BY DISALLOWING PREVIOUSLY 
                   TAKEN CASUALTY LOSS DEDUCTIONS.

       Notwithstanding any other provision of the Internal Revenue 
     Code of 1986, if a taxpayer claims a deduction for any 
     taxable year with respect to a casualty loss to a personal 
     residence (within the meaning of section 121 of such Code) 
     resulting from Hurricane Katrina or Hurricane Rita and in a 
     subsequent taxable year receives a grant under Public Law 
     109-148, 109-234, or 110-116 as reimbursement for such loss 
     from the State of Louisiana or the State of Mississippi, such 
     taxpayer may elect to file an amended income tax return for 
     the taxable year in which such deduction was allowed and 
     disallow such deduction. If elected, such amended return must 
     be filed not later than the due date for filing the tax 
     return for the taxable year in which the taxpayer receives 
     such reimbursement. Any increase in Federal income tax 
     resulting from such disallowance shall not be subject to any 
     penalty or interest under such Code if such amended return is 
     so filed.
                                 ______
                                 
  SA 4000. Ms. LANDRIEU (for herself and Mr. Vitter) submitted an 
amendment intended to be proposed to amendment SA 3983 proposed by Mr. 
Reid to the bill H.R. 5140, to provide economic stimulus through 
recovery rebates to individuals, incentives for business investment, 
and an increase in conforming and FHA loan limits; which was ordered to 
lie on the table; as follows:

       On page 4, line 14, insert ``For purposes of the preceding 
     sentence, adjusted gross income shall not include any income 
     resulting from the recapture of any casualty loss deduction 
     due to the receipt of any grants under Public Law 109-148, 
     109-234, or 110-116.''.

                                 ______
                                 
  SA 4001. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed to amendment SA 3983 proposed by Mr. Reid to the bill H.R. 
5140, to provide economic stimulus through recovery rebates to 
individuals, incentives for business investment, and an increase in 
conforming and FHA loan limits; which was ordered to lie on the table; 
as follows:

       At the end add the following:

          TITLE VI--TEMPORARY INFRASTRUCTURE GRANTS TO STATES

     SEC. 601. TEMPORARY INFRASTRUCTURE GRANTS TO STATES.

       Section 601 of the Social Security Act (42 U.S.C. 801) is 
     amended to read as follows:

     ``SEC. 601. TEMPORARY INFRASTRUCTURE GRANTS TO STATES.

       ``(a) Appropriation.--There is authorized to be 
     appropriated and is appropriated for making payments to 
     States under this section, $5,000,000,000 for fiscal year 
     2008.
       ``(b) Payments.--From the amount appropriated under 
     subsection (a), the Secretary of the Treasury shall, not 
     later than the later of the date that is 45 days after the 
     date of enactment of this section or the date that a State 
     provides the certification required by subsection (e), pay 
     each State the amount determined for the State under 
     subsection (c).
       ``(c) Payments Based on Population.--
       ``(1) In general.--Subject to paragraph (2), the amount 
     appropriated under subsection (a) shall be used to pay each 
     State an amount equal to the relative population proportion 
     amount described in paragraph (3).
       ``(2) Minimum payment.--
       ``(A) In general.--No State shall receive a payment under 
     this section that is less than--
       ``(i) in the case of 1 of the 50 States or the District of 
     Columbia, \1/2\ of 1 percent of the amount appropriated under 
     subsection (a); and
       ``(ii) in the case of the Commonwealth of Puerto Rico, the 
     United States Virgin Islands, Guam, the Commonwealth of the 
     Northern Mariana Islands, or American Samoa, \1/10\ of 1 
     percent of the amount appropriated under subsection (a).
       ``(B) Pro rata adjustments.--The Secretary of the Treasury 
     shall adjust on a pro rata basis the amount of the payments 
     to States determined under this section without regard to 
     this subparagraph to the extent necessary to comply with the 
     requirements of subparagraph (A).
       ``(3) Relative population proportion amount.--The relative 
     population proportion amount described in this paragraph is 
     the product of--
       ``(A) the amount described in subsection (a); and
       ``(B) the relative State population proportion (as defined 
     in paragraph (4)).
       ``(4) Relative state population proportion defined.--For 
     purposes of paragraph (3)(B), the term `relative State 
     population proportion' means, with respect to a State, the 
     amount equal to the quotient of--
       ``(A) the population of the State (as reported in the most 
     recent decennial census); and
       ``(B) the total population of all States (as reported in 
     the most recent decennial census).
       ``(d) Use of Payment.--
       ``(1) In general.--Subject to paragraph (2), a State shall 
     use the funds provided under a payment made under this 
     section for infrastructure needs, including--
       ``(A) construction, maintenance, or repair of highways and 
     bridges;
       ``(B) mass transit projects;
       ``(C) public works projects, such as water, wastewater 
     treatment, sewer, or drinking water projects; or
       ``(D) other capital construction needs.
       ``(2) Limitation.--A State may only use funds provided 
     under a payment made under this section if such funds are 
     obligated for expenditure before October 1, 2008.
       ``(e) Certification.--In order to receive a payment under 
     this section, the State shall provide the Secretary of the 
     Treasury with a certification that the State's proposed uses 
     of the funds are consistent with subsection (d).
       ``(f) Definition of State.--In this section, the term 
     `State' means the 50 States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, the Commonwealth of the Northern Mariana 
     Islands, and American Samoa.
       ``(g) Repeal.--This title is repealed on October 1, 
     2008.''.

[[Page 1452]]


                                 ______
                                 
  SA 4002. Mr. SANDERS (for himself and Mrs. Clinton) submitted an 
amendment intended to be proposed to amendment SA 3983 proposed by Mr. 
Reid to the bill H.R. 5140, to provide economic stimulus through 
recovery rebates to individuals, incentives for business investment, 
and an increase in conforming and FHA loan limits; which was ordered to 
lie on the table; as follows:

       At the appropriate place in the appropriations section, 
     insert the following:
       (__) For an additional amount for community health centers 
     under section 330 of the Public Health Service Act (42 U.S.C. 
     254b), $148,000,000.
       (__) For an additional amount for the weatherization 
     assistance program of the Department of Energy, $500,000,000.
       (__) For an additional amount to carry out title X of the 
     Energy Independence and Security Act of 2007 (Public Law 110-
     140; 121 Stat. 1748) and amendments made by that title, 
     $125,000,000.
       At the appropriate place, insert the following:

     SEC. ___. TEMPORARY INCREASE IN SPECIALLY ADAPTED HOUSING 
                   BENEFITS FOR DISABLED VETERANS.

       (a) In General.--Section 2102 of title 38, United States 
     Code, is amended--
       (1) in subsection (b)(2), by striking ``$10,000'' and 
     inserting ``$12,000''; and
       (2) in subsection (d)--
       (A) in paragraph (1), by striking ``$50,000'' and inserting 
     ``$60,000''; and
       (B) in paragraph (2), by striking ``$10,000'' and inserting 
     ``$12,000''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall be effective during the period beginning on the date of 
     the enactment of this Act and ending on September 30, 2008.
       (c) Revival.--Effective on October 1, 2008, the provisions 
     of subsection (b)(2) and paragraphs (1) and (2) of subsection 
     (d) of such section 2102, as such provisions were in effect 
     on the day before the date of the enactment of this Act, are 
     hereby revived.

     SEC. ___. TEMPORARY INCREASE IN ASSISTANCE FOR PROVIDING 
                   AUTOMOBILES OR OTHER CONVEYANCES TO CERTAIN 
                   DISABLED VETERANS.

       (a) In General.--Section 3902(a) of title 38, United States 
     Code, is amended by striking ``$11,000'' and inserting 
     ``$22,484''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective during the period beginning on the date of 
     the enactment of this Act and ending on September 30, 2008.
       (c) Revival.--Effective on October 1, 2008, the provisions 
     of such section 3902(a), as such provisions were in effect on 
     the day before the date of the enactment of this Act, are 
     hereby revived.
                                 ______
                                 
  SA 4003. Mr. SANDERS (for himself and Mrs. Clinton) submitted an 
amendment intended to be proposed to amendment SA 3983 proposed by Mr. 
Reid to the bill H.R. 5140, to provide economic stimulus through 
recovery rebates to individuals, incentives for business investment, 
and an increase in conforming and FHA loan limits; which was ordered to 
lie on the table; as follows:

       On page 69, strike lines 1 through 4 and insert the 
     following:

                   TITLE V--ADDITIONAL APPROPRIATIONS

     SEC. 501. WEATHERIZATION ASSISTANCE.

       In addition to amounts available as of the date of 
     enactment of this Act for the weatherization assistance 
     program of the Department of Energy, there is hereby 
     appropriated for that program $500,000,000.

        TITLE VI--EMERGENCY DESIGNATION OF APPROPRIATED AMOUNTS

     SEC. 601. EMERGENCY DESIGNATION.

                                 ______
                                 
  SA 4004. Mr. SANDERS (for himself, Mrs. Clinton, and Mr. Kerry) 
submitted an amendment intended to be proposed to amendment SA 3983 
proposed by Mr. Reid to the bill H.R. 5140, to provide economic 
stimulus through recovery rebates to individuals, incentives for 
business investment, and an increase in conforming and FHA loan limits; 
which was ordered to lie on the table; as follows:

       On page 69, strike lines 1 through 4 and insert the 
     following:

                   TITLE V--ADDITIONAL APPROPRIATIONS

     SEC. 501. GREEN JOBS.

       In addition to amounts available as of the date of 
     enactment of this Act to carry out title X of the Energy 
     Independence and Security Act of 2007 (Public Law 110-140; 
     121 Stat. 1748) and amendments made by that title, there is 
     hereby appropriated for that title and those amendments 
     $125,000,000.

        TITLE VI--EMERGENCY DESIGNATION OF APPROPRIATED AMOUNTS

     SEC. 601. EMERGENCY DESIGNATION.

                                 ______
                                 
  SA 4005. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 3983 proposed by Mr. Reid to the bill H.R. 5140, to 
provide economic stimulus through recovery rebates to individuals, 
incentives for business investment, and an increase in conforming and 
FHA loan limits; which was ordered to lie on the table; as follows:

       At the appropriate place in the appropriations section, 
     insert the following:
       (__) For an additional amount for community health centers 
     under section 330 of the Public Health Service Act (42 U.S.C. 
     254b), $148,000,000.
                                 ______
                                 
  SA 4006. Mr. CHAMBLISS (for himself, Mr. Crapo, Mr. DeMint, and Mr. 
Coburn) submitted an amendment intended to be proposed to amendment SA 
3983 proposed by Mr. Reid to the bill H.R. 5140, to provide economic 
stimulus through recovery rebates to individuals, incentives for 
business investment, and an increase in conforming and FHA loan limits; 
which was ordered to lie on the table; as follows:

       Strike title V.
                                 ______
                                 
  SA 4007. Mr. WYDEN (for himself, Mr. Thune, Mr. Dodd, Mr. Shelby, 
Mrs. Clinton, Mr. Durbin, Mr. Harkin, Mr. Johnson, Mr. Menendez, Ms. 
Mikulski, Mr. Reed, Mr. Sanders, Mr. Schumer, and Mr. Webb) submitted 
an amendment intended to be proposed to amendment SA 3983 proposed by 
Mr. Reid to the bill H.R. 5140, to provide economic stimulus through 
recovery rebates to individuals, incentives for business investment, 
and an increase in conforming and FHA loan limits; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

           TITLE VI--INCREASED FUNDING FOR HIGHWAY TRUST FUND

     SEC. 601. REPLENISH EMERGENCY SPENDING FROM HIGHWAY TRUST 
                   FUND.

       (a) In General.--Section 9503(b) of the Internal Revenue 
     Code of 1986 is amended--
       (1) by adding at the end the following new paragraph:
       ``(7) Emergency spending replenishment.--There is hereby 
     appropriated to the Highway Trust Fund $5,000,000,000, of 
     which--
       ``(A) $4,000,000,000 shall be deposited in the Highway 
     Account; and
       ``(B) $1,000,000,000 shall be deposited in the Mass Transit 
     Account.'', and
       (2) by striking ``Amounts Equivalent to Certain Taxes and 
     Penalties'' in the heading and inserting ``Certain Amounts''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 602. OBLIGATION AUTHORITY FOR STIMULUS PROJECTS.

       (a) In General.--Section 1102 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (23 U.S.C. 104 note; Public Law 109-59) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``(g) and (h)'' and inserting ``(g), (h), and (l)''; and
       (B) paragraph (4), by striking ``$39,585,075,404'' and 
     inserting ``$43,585,075,404''; and
       (2) by adding at the end the following:
       ``(l) Obligation Authority for Stimulus Projects.--
       ``(1) In general.--Of the obligation authority distributed 
     under subsection (a)(4), not less than $4,000,000,000 shall 
     be provided to States for use in carrying out highway 
     projects that the States determine will provide rapid 
     economic stimulus.
       ``(2) Requirement.--A State that seeks a distribution of 
     the obligation authority described in paragraph (1) shall 
     agree to obligate funds so received not later than 120 days 
     after the date on which the State receives the funds.
       ``(3) Flexibility.--A State that receives a distribution of 
     the obligation authority described in paragraph (1) may use 
     the funds for any highway project described in paragraph (1), 
     regardless of any funding limitation or formula that is 
     otherwise applicable to projects carried out using obligation 
     authority under this section.
       ``(4) Federal share.--The Federal share of any highway 
     project carried out using funds described in paragraph (1) 
     shall be 100 percent.''.
       (b) Conforming Amendments.--
       (1) The matter under the heading ``(including transfer of 
     funds)'' under the heading ``(highway trust fund)'' under the 
     heading ``(limitation on obligations)'' under the heading 
     ``federal-aid highways'' under the heading ``Federal Highway 
     Administration'' of title I of division K of the Consolidated 
     Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1844) 
     is amended by striking ``$40,216,051,359'' and inserting 
     ``$44,216,051,359''.

[[Page 1453]]

       (2) The matter under the heading ``(including rescission)'' 
     under the heading ``(highway trust fund)'' under the heading 
     ``(limitation on obligations)'' under the heading 
     ``(liquidation of contract authority)'' under the heading 
     ``formula and bus grants'' under the heading ``Federal 
     Transit Administration'' of title I of division K of the 
     Consolidated Appropriations Act, 2008 (Public Law 110-161; 
     121 Stat. 1844) is amended by striking ``$6,855,000,000'' and 
     inserting ``, and section 3052 of Public Law 109-59, 
     $7,855,000,000''.
       (3) Sections 9503(c)(1) and 9503(e)(3) of the Internal 
     Revenue Code of 1986 are each amended by inserting ``, as 
     amended by the Economic Stimulus Act of 2008,''.

     SEC. 603. STIMULUS OF MANUFACTURING AND CONSTRUCTION THROUGH 
                   PUBLIC TRANSPORTATION INVESTMENT.

       (a) In General.--Title III of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (Public Law 109-59; 119 Stat. 1544) is amended by 
     adding at the end the following:

     ``SEC. 3052. STIMULUS OF MANUFACTURING AND CONSTRUCTION 
                   THROUGH PUBLIC TRANSPORTATION INVESTMENT.

       ``(a) Authorization.--The Secretary is authorized to make 
     stimulus grants under this section to public transportation 
     agencies.
       ``(b) Eligible Recipients.--Stimulus grants authorized 
     under subsection (a) may be awarded--
       ``(1) to public transportation agencies which have a full 
     funding grant agreement in force on the date of enactment of 
     this section with Federal payments scheduled in any year 
     beginning with fiscal year 2008, for activities authorized 
     under the full funding grant agreement that would expedite 
     construction of the project; and
       ``(2) to designated recipients as defined in section 5307 
     of title 49, United States Code, for immediate use to address 
     a backlog of existing maintenance needs or to purchase 
     rolling stock or buses, if the contracts for such purchases 
     are in place prior to the grant award.
       ``(c) Use of Funds.--Of the amounts made available to carry 
     out this section, the Secretary shall use to make grants 
     under this section--
       ``(1) $300,000,000 for stimulus grants to recipients 
     described in subsection (b)(1); and
       ``(2) $700,000,000 for stimulus grants to recipients 
     described in subsection (b)(2).
       ``(d) Distribution of Funds.--
       ``(1) Expedited new starts grants.--Funds described in 
     subsection (c)(1) shall be distributed among eligible 
     recipients so that each recipient receives an equal 
     percentage increase based on the Federal funding commitment 
     for fiscal year 2008 specified in Attachment 6 of the 
     recipient's full funding grant agreement.
       ``(2) Formula grants.--Of the funds described in subsection 
     (c)(2)--
       ``(A) 60 percent shall be distributed according to the 
     formula in subsections (a) through (c) of section 5336 of 
     title 49, United States Code; and
       ``(B) 40 percent shall be distributed according to the 
     formula in section 5340 of title 49, United States Code.
       ``(3) Allocation.--The Secretary shall determine the 
     allocation of the amounts described in subsection (c)(1) and 
     shall apportion amounts described in subsection (c)(2) not 
     later than 20 days after the date of enactment of this 
     section.
       ``(4) Notification to congress.--The Secretary shall notify 
     the committees referred to in section 5334(k) of title 49, 
     United States Code, of the allocations determined under 
     paragraph (3) not later than 3 days after such determination 
     is made.
       ``(5) Obligation requirement.--The Secretary shall obligate 
     the funds described in subsection (c)(1) as expeditiously as 
     practicable, but in no case later than 120 days after the 
     date of enactment of this section.
       ``(e) Pre-Award Spending Authority.--
       ``(1) In general.--A recipient of a grant under this 
     section shall have pre-award spending authority.
       ``(2) Requirements.--Any expenditure made pursuant to pre-
     award spending authorized by this subsection shall conform 
     with applicable Federal requirements in order to remain 
     eligible for future Federal reimbursement.
       ``(f) Federal Share.--The Federal share of a stimulus grant 
     authorized under this section shall be 100 percent.
       ``(g) Self-Certification.--
       ``(1) In general.--Prior to the obligation of stimulus 
     grant funds under this section, the recipient of the grant 
     award shall certify--
       ``(A) for recipients described in subsection (b)(1), that 
     the recipient will comply with the terms and conditions that 
     apply to grants under section 5309 of title 49, United States 
     Code;
       ``(B) for recipients under subsection (b)(2), that the 
     recipient will comply with the terms and conditions that 
     apply to grants under section 5307 of title 49, United States 
     Code; and
       ``(C) that the funds will be used in a manner that will 
     stimulate the economy.
       ``(2) Certification.--Required certifications may be made 
     as part of the certification required under section 
     5307(d)(1) of title 49, United States Code.
       ``(3) Audit.--If, upon the audit of any recipient under 
     this section, the Secretary finds that the recipient has not 
     complied with the requirements of this section and has not 
     made a good-faith effort to comply, the Secretary may 
     withhold not more than 25 percent of the amount required to 
     be appropriated for that recipient under section 5307 of 
     title 49, United States Code, for the following fiscal year 
     if the Secretary notifies the committees referred to in 
     subsection (d)(4) at least 21 days prior to such 
     withholding.''.
       (b) Stimulus Grant Funding.--Section 5338 of title 49, 
     United States Code, is amended by adding at the end the 
     following:
       ``(h) Stimulus Grant Funding.--For fiscal year 2008, 
     $1,000,000,000 shall be available from the Mass Transit 
     Account of the Highway Trust Fund to carry out section 3052 
     of the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users.''.
       (c) Expanded Bus Service in Small Communities.--Section 
     5307(b)(2) of title 49, United States Code, is amended--
       (1) in the paragraph heading, by striking ``2007'' and 
     inserting ``2009'';
       (2) in subparagraph (A), by striking ``2007'' and inserting 
     ``2009''; and
       (3) by adding at the end the following:
       ``(E) Maximum amounts in fiscal years 2008 and 2009.--In 
     fiscal years 2008 and 2009--
       ``(i) amounts made available to any urbanized area under 
     clause (i) or (ii) of subparagraph (A) shall be not more than 
     50 percent of the amount apportioned in fiscal year 2002 to 
     the urbanized area with a population of less than 200,000, as 
     determined in the 1990 decennial census of population;
       ``(ii) amounts made available to any urbanized area under 
     subparagraph (A)(iii) shall be not more than 50 percent of 
     the amount apportioned to the urbanized area under this 
     section for fiscal year 2003; and
       ``(iii) each portion of any area not designated as an 
     urbanized area, as determined by the 1990 decennial census, 
     and eligible to receive funds under subparagraph (A)(iv), 
     shall receive an amount of funds to carry out this section 
     that is not less than 50 percent of the amount the portion of 
     the area received under section 5311 in fiscal year 2002.''.
                                 ______
                                 
  SA 4008. Mr. McCONNELL (for himself, Mr. Stevens, Mr. Roberts, Mr. 
Bond, Mr. Brownback, Mr. Bunning, Mr. Cornyn, Mr. Hatch, Mr. Sununu, 
Mr. Alexander, Mr. Burr, Mr. Isakson, Mr. Vitter, Mr. Thune, Mr. 
Chambliss, Mr. Kyl, Mr. Graham, Mr. Craig, and Mr. Crapo) submitted an 
amendment intended to be proposed by him to the bill H.R. 5140, to 
provide economic stimulus through recovery rebates to individuals, 
incentives for business investment, and an increase in conforming and 
FHA loan limits; which was ordered to lie on the table; as follows:

       Beginning on page 2, strike line 4 and all that follows 
     through page 10, line 20, and insert the following:

     SEC. 101. 2008 RECOVERY REBATES FOR INDIVIDUALS.

       (a) In General.--Section 6428 of the Internal Revenue Code 
     of 1986 is amended to read as follows:

     ``SEC. 6428. 2008 RECOVERY REBATES FOR INDIVIDUALS.

       ``(a) In General.--In the case of an eligible individual, 
     there shall be allowed as a credit against the tax imposed by 
     subtitle A for the first taxable year beginning in 2008 an 
     amount equal to the lesser of--
       ``(1) net income tax liability, or
       ``(2) $600 ($1,200 in the case of a joint return).
       ``(b) Special Rules.--
       ``(1) In general.--In the case of a taxpayer described in 
     paragraph (2)--
       ``(A) the amount determined under subsection (a) shall not 
     be less than $300 ($600 in the case of a joint return), and
       ``(B) the amount determined under subsection (a) (after the 
     application of subparagraph (A)) shall be increased by the 
     product of $300 multiplied by the number of qualifying 
     children (within the meaning of section 24(c)) of the 
     taxpayer.
       ``(2) Taxpayer described.--A taxpayer is described in this 
     paragraph if the taxpayer--
       ``(A) has qualifying income of at least $3,000, or
       ``(B) has--
       ``(i) net income tax liability which is greater than zero, 
     and
       ``(ii) gross income which is greater than the sum of the 
     basic standard deduction plus the exemption amount (twice the 
     exemption amount in the case of a joint return).
       ``(c) Treatment of Credit.--The credit allowed by 
     subsection (a) shall be treated as allowed by subpart C of 
     part IV of subchapter A of chapter 1.
       ``(d) Limitation Based on Adjusted Gross Income.--The 
     amount of the credit allowed by subsection (a) (determined 
     without regard to this subsection and subsection (f)) shall 
     be reduced (but not below zero) by 5 percent of so much of 
     the taxpayer's adjusted gross income as exceeds $75,000 
     ($150,000 in the case of a joint return).
       ``(e) Definitions.--For purposes of this section--

[[Page 1454]]

       ``(1) Net income tax liability.--The term `net income tax 
     liability' means the excess of--
       ``(A) the sum of the taxpayer's regular tax liability 
     (within the meaning of section 26(b)) and the tax imposed by 
     section 55 for the taxable year, over
       ``(B) the credits allowed by part IV (other than section 24 
     and subpart C thereof) of subchapter A of chapter 1.
       ``(2) Eligible individual.--The term `eligible individual' 
     means any individual other than--
       ``(A) any nonresident alien individual,
       ``(B) any individual with respect to whom a deduction under 
     section 151 is allowable to another taxpayer for a taxable 
     year beginning in the calendar year in which the individual's 
     taxable year begins, and
       ``(C) an estate or trust.
       ``(3) Qualifying income.--The term `qualifying income' 
     means--
       ``(A) earned income,
       ``(B) social security benefits (within the meaning of 
     section 86(d)), and
       ``(C) any compensation or pension received under chapter 
     11, chapter 13, or chapter 15 of title 38, United States 
     Code.
       ``(4) Earned income.--The term `earned income' has the 
     meaning set forth in section 32(c)(2) except that--
       ``(A) subclause (II) of subparagraph (B)(vi) thereof shall 
     be applied by substituting `January 1, 2009' for `January 1, 
     2008', and
       ``(B) such term shall not include net earnings from self-
     employment which are not taken into account in computing 
     taxable income.
       ``(5) Basic standard deduction; exemption amount.--The 
     terms `basic standard deduction' and `exemption amount' shall 
     have the same respective meanings as when used in section 
     6012(a).
       ``(f) Coordination With Advance Refunds of Credit.--
       ``(1) In general.--The amount of credit which would (but 
     for this paragraph) be allowable under this section shall be 
     reduced (but not below zero) by the aggregate refunds and 
     credits made or allowed to the taxpayer under subsection (g). 
     Any failure to so reduce the credit shall be treated as 
     arising out of a mathematical or clerical error and assessed 
     according to section 6213(b)(1).
       ``(2) Joint returns.--In the case of a refund or credit 
     made or allowed under subsection (g) with respect to a joint 
     return, half of such refund or credit shall be treated as 
     having been made or allowed to each individual filing such 
     return.
       ``(g) Advance Refunds and Credits.--
       ``(1) In general.--Each individual who was an eligible 
     individual for such individual's first taxable year beginning 
     in 2007 shall be treated as having made a payment against the 
     tax imposed by chapter 1 for such first taxable year in an 
     amount equal to the advance refund amount for such taxable 
     year.
       ``(2) Advance refund amount.--For purposes of paragraph 
     (1), the advance refund amount is the amount that would have 
     been allowed as a credit under this section for such first 
     taxable year if this section (other than subsection (f) and 
     this subsection) had applied to such taxable year.
       ``(3) Timing of payments.--The Secretary shall, subject to 
     the provisions of this title, refund or credit any 
     overpayment attributable to this section as rapidly as 
     possible. No refund or credit shall be made or allowed under 
     this subsection after December 31, 2008.
       ``(4) No interest.--No interest shall be allowed on any 
     overpayment attributable to this section.
       ``(h) Identification Number Requirement.--
       ``(1) In general.--No credit shall be allowed under 
     subsection (a) to an eligible individual who does not include 
     on the return of tax for the taxable year--
       ``(A) such individual's valid identification number,
       ``(B) in the case of a joint return, the valid 
     identification number of such individual's spouse, and
       ``(C) in the case of any qualifying child taken into 
     account under subsection (b)(1)(B), the valid identification 
     number of such qualifying child.
       ``(2) Valid identification number.--For purposes of 
     paragraph (1), the term `valid identification number' means a 
     social security number issued to an individual by the Social 
     Security Administration. Such term shall not include a TIN 
     issued by the Internal Revenue Service.
       ``(i) Coordination With Deficiency Procedures.--For 
     purposes of sections 6211(b)(4)(A) and 6213(g)(2)(F), any 
     reference to section 32 shall be treated as including a 
     reference to this section.''.
       (b) Treatment of Possessions.--
       (1) Mirror code possession.--The Secretary of the Treasury 
     shall make a payment to each possession of the United States 
     with a mirror code tax system in an amount equal to the loss 
     to that possession by reason of the amendments made by this 
     section. Such amount shall be determined by the Secretary of 
     the Treasury based on information provided by the government 
     of the respective possession.
       (2) Other possessions.--The Secretary of the Treasury shall 
     make a payment to each possession of the United States which 
     does not have a mirror code tax system in an amount estimated 
     by the Secretary of the Treasury as being equal to the 
     aggregate benefits that would have been provided to residents 
     of such possession by reason of the amendments made by this 
     section if a mirror code tax system had been in effect in 
     such possession. The preceding sentence shall not apply with 
     respect to any possession of the United States unless such 
     possession has a plan, which has been approved by the 
     Secretary of the Treasury, under which such possession will 
     promptly distribute such payment to the residents of such 
     possession.
       (3) Definitions and special rules.--
       (A) Possession of the united states.--For purposes of this 
     subsection, the term ``possession of the United States'' 
     includes the Commonwealth of Puerto Rico and the Commonwealth 
     of the Northern Mariana Islands.
       (B) Mirror code tax system.--For purposes of this 
     subsection, the term ``mirror code tax system'' means, with 
     respect to any possession of the United States, the income 
     tax system of such possession if the income tax liability of 
     the residents of such possession under such system is 
     determined by reference to the income tax laws of the United 
     States as if such possession were the United States.
       (C) Treatment of payments.--For purposes of section 
     1324(b)(2) of title 31, United States Code, the payments 
     under this subsection shall be treated in the same manner as 
     a refund due from the credit allowed under section 6428 of 
     the Internal Revenue Code of 1986 (as added by this section).
       (c) Appropriations To Carry Out Recovery Rebates.--
       (1) In general.--The following sums are hereby 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for the fiscal year ending September 30, 2008, 
     to implement the provisions of this section (including the 
     amendments made by this section):
       (A) For an additional amount for ``Department of the 
     Treasury--Financial Management Service--Salaries and 
     Expenses'', $64,175,000, to remain available until September 
     30, 2009.
       (B) For an additional amount for ``Department of the 
     Treasury--Internal Revenue Service--Taxpayer Services'', 
     $50,720,000, to remain available until September 30, 2009.
       (C) For an additional amount for ``Department of the 
     Treasury--Internal Revenue Service--Operations Support'', 
     $151,415,000, to remain available until September 30, 2009.
       (2) Reports.--No later than 15 days after enactment of this 
     Act, the Secretary of the Treasury shall submit a plan to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate detailing the expected use of the funds 
     provided by this subsection. Beginning 90 days after 
     enactment of this Act, the Secretary of the Treasury shall 
     submit a quarterly report to the Committees on Appropriations 
     of the House of Representatives and the Senate detailing the 
     actual expenditure of funds provided by this subsection and 
     the expected expenditure of such funds in the subsequent 
     quarter.
       (d) Refunds Disregarded in the Administration of Federal 
     Programs and Federally Assisted Programs.--Any credit or 
     refund allowed or made to any individual by reason of section 
     6428 of the Internal Revenue Code of 1986 (as amended by this 
     section) or by reason of subsection (b) of this section shall 
     not be taken into account as income and shall not be taken 
     into account as resources for the month of receipt and the 
     following two months, for purposes of determining the 
     eligibility of such individual or any other individual for 
     benefits or assistance, or the amount or extent of benefits 
     or assistance, under any Federal program or under any State 
     or local program financed in whole or in part with Federal 
     funds.
       (e) Conforming Amendments.--
       (1) Paragraph (2) of section 1324(b) of title 31, United 
     States Code, is amended by inserting ``or 6428'' after 
     ``section 35''.
       (2) Paragraph (1) of section 1(i) of the Internal Revenue 
     Code of 1986 is amended by striking subparagraph (D).
       (3) The item relating to section 6428 in the table of 
     sections for subchapter B of chapter 65 of such Code is 
     amended to read as follows:

``Sec. 6428. 2008 recovery rebates for individuals.''.

     SEC. 102. TEMPORARY INCREASE IN LIMITATIONS ON EXPENSING OF 
                   CERTAIN DEPRECIABLE BUSINESS ASSETS.

                          ____________________




                    AUTHORITY FOR COMMITTEES TO MEET


                      Committee on Armed Services

  Mr. DURBIN. Mr. President, I ask unanimous consent that the committee 
on armed services be authorized to meet during the session of the 
Senate on Wednesday, February 6, 2008, at 9:30 a.m. in open session to 
receive testimony on the defense authorization request for fiscal year 
2009, the Future Years Defense Program, and the fiscal year 2009 
request for operations in Iraq and Afghanistan.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page 1455]]




               committee on energy and natural resources

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee 
on Energy and Natural Resources be authorized to meet during the 
session of the Senate on Wednesday, February 6, 2008, at 10 a.m., in 
room SD-366 of the Dirksen Senate Office Building in order to conduct a 
hearing. At this hearing, the Committee will hear testimony regarding 
Department of Energy's budget for fiscal year 2009.
  The PRESIDING OFFICER. Without objection, it is so ordered.


               committee on environment and public works

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee 
on Environment and Public Works be authorized to meet during the 
session of the Senate on Wednesday, February 6, 2008 at 10 a.m. in room 
406 of the Dirksen Senate Office Building in order to hold a hearing 
entitled, ``Perectives on the Surface Transportation Commission 
Report.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


               committee on environment and public works

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee 
on Environment and Public Works be authorized to meet during the 
session of the Senate on Wednesday, February 6, 2008 in room 410 of the 
Dirksen Senate Office Building at 10:05 a.m. in order to hold a 
business meeting to consider the following item: S. 2146, a bill to 
authorize the Administrator of the Environmental Protection Agency to 
accept, as part of a settlement, diesel emission reduction Supplemental 
Environmental Projects, and for other purposes.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                          committee on finance

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee 
on Finance be authorized to meet during the session of the Senate on 
Wednesday, February 6, 2008, at 10 a.m., in room 215 of the Dirksen 
Senate Office Building, in order to hear testimony on ``The President's 
Fiscal Year 2009 Budget Proposal.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     committee on foreign relations

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee 
on Foreign Relations be authorized to meet during the session of the 
Senate on Wednesday, February 6, 2008, at 9:30 a.m. in order to hold a 
hearing on denuclearization of the Korean peninsula.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     committee on foreign relations

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee 
on Foreign Relations be authorized to meet during the session of the 
Senate on Wednesday, February 6, 2008, at 1 p.m. in order to hold a 
nomination hearing.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     committee on foreign relations

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee 
on Foreign Relations be authorized to meet during the session of the 
Senate on Wednesday, February 6, 2008, at 3 p.m. in order hold a 
briefing on Sudan.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                        PRIVILEGES OF THE FLOOR

  Mr. BAUCUS. Mr. President, I ask unanimous consent that the following 
fellows, interns, and detailees of the staff of the Finance Committee 
be granted the privilege of the floor for the duration of the debate on 
the economic stimulus bill: Mary Baker, Tom Louthan, Elise Stein, Susan 
Hinck, Suzanne Payne, Hy Hinojosa, Connie Cookson, Mollie Lane, Ben 
Miller, Emily Schwartz, Tyler Gamble, Blake Thompson, Michael Bagel, 
and Kayleigh Brown.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The majority leader is recognized.
  Mr. REID. Mr. President, I ask unanimous consent that Jeffry Phan, a 
fellow in Senator Bingaman's office, be given the privileges of the 
floor for the pendency of H.R. 5140 and all votes thereon.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                  DO-NOT-CALL IMPROVEMENT ACT OF 2007

  Mr. DURBIN. I ask unanimous consent that the Commerce Committee be 
discharged from further consideration of H.R. 3541, and the Senate 
proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 3541) to amend the Do-not-call Implementation 
     Act to eliminate the automatic removal of telephone numbers 
     registered on the Federal ``do-not-call'' registry.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. DURBIN. I ask unanimous consent that the bill be read a third 
time, passed, the motion to reconsider be laid upon the table with no 
intervening action or debate, and any statements related to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 3541) was ordered to be read a third time, was read 
the third time, and passed.

                          ____________________




                  MEASURE READ THE FIRST TIME--S. 2596

  Mr. DURBIN. I understand there is a bill at the desk, and I ask for 
its first reading.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 2596) to rescind funds appropriated by the 
     Consolidated Appropriations Act of 2008 for the City of 
     Berkeley, California, and any entities located in such city, 
     and to provide that such funds shall be transferred to the 
     Operation and Maintenance, Marine Corps account of the 
     Department of Defense for the purposes of recruiting.

  Mr. DURBIN. I now ask for its second reading and, in order to place 
the bill on the calendar under the provisions of rule XIV, I object to 
my own request.
  The PRESIDING OFFICER. Objection is heard.
  The bill will receive its second reading on the next legislative day.

                          ____________________




      REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENT NO. 110-14

  Mr. DURBIN. Mr. President, as in executive session, I ask unanimous 
consent that the Injunction of Secrecy be removed from the following 
treaty transmitted to the Senate on February 6, 2008 by the President 
of the United States: International Convention Against Doping in Sport 
(Treaty Document No. 110-14).
  I further ask unanimous consent that the treaty be considered as 
having been read the first time, that it be referred, with accompanying 
papers, to the Committee on Foreign Relations and ordered to be 
printed, and that the President's message be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The message of the President is as follows:

To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the International Convention Against 
Doping in Sport, adopted by the United Nations Educational, Scientific, 
and Cultural Organization on October 19, 2005.
  The United States supported the development of the Convention as a 
means to ensure equitable and effective application and promotion of 
anti-doping controls in international competition. The Convention will 
help to advance international cooperation on and promotion of 
international doping control efforts, and will help to protect the 
integrity and spirit of sport by supporting efforts to ensure a fair 
and doping-free environment for athletes.
  The International Olympic Movement has been supportive of the 
promotion and adoption of this Convention by the international 
community. Ratification by the United States will

[[Page 1456]]

demonstrate the United States' longstanding commitment to the 
development of international anti-doping controls and its commitment to 
apply and facilitate the application of appropriate anti-doping 
controls during international competitions held in the United States. 
Ratification will also ensure that the United States will continue to 
remain eligible to host international competitions. The Convention does 
not cover U.S. sports leagues.
  I recommend that the Senate give prompt and favorable consideration 
to the Convention and give its advice and consent to ratification.
                                                      George W. Bush.  
The White House, February 6, 2008.

                          ____________________




                 ORDERS FOR THURSDAY, FEBRUARY 7, 2008

  Mr. DURBIN. Mr. President, I ask unanimous consent that when the 
Senate completes its business today, it stand in recess until 10:30 
a.m., tomorrow, February 7; that following the prayer and pledge, the 
Journal of proceedings be approved to date, the time for the two 
leaders be reserved for their use later in the day, and that the 
majority leader then be recognized.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                    RECESS UNTIL 10:30 A.M. TOMORROW

  Mr. DURBIN. Mr. President, if there is no further business to come 
before the Senate, I now ask unanimous consent that the Senate stand in 
recess under the previous order.
  There being no objection, the Senate, at 7:32 p.m., recessed until 
Thursday, February 7, 2008, at 10:30 a.m. 

                          ____________________




                              NOMINATIONS

  Executive nominations received by the Senate:


              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

       SUSAN D. PEPPLER, OF CALIFORNIA, TO BE AN ASSISTANT 
     SECRETARY OF HOUSING AND URBAN DEVELOPMENT, VICE PAMELA 
     HUGHES PATENAUDE.


                          DEPARTMENT OF STATE

       LINDA THOMAS-GREENFIELD, OF LOUISIANA, A CAREER MEMBER OF 
     THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO 
     BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED 
     STATES OF AMERICA TO THE REPUBLIC OF LIBERIA.


                            FOREIGN SERVICE

       THE FOLLOWING-NAMED CAREER MEMBERS OF THE SENIOR FOREIGN 
     SERVICE OF THE DEPARTMENT OF AGRICULTURE FOR PROMOTION WITHIN 
     AND INTO THE SENIOR FOREIGN SERVICE TO THE CLASSES INDICATED: 


       CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF 
     CAREER MINISTER:

ALLAN P. MUSTARD, OF WASHINGTON
       CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF 
     MINISTER-COUNSELOR:

NICHOLAS E. GUTIERREZ, OF TEXAS
LLOYD S. HARBERT, OF VIRGINIA
ROSS GLANTON KREAMER, OF KENTUCKY
KENT D. SISSON, OF IDAHO
ROBIN TILSWORTH, OF CALIFORNIA
       CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF 
     COUNSELOR:

W. QUINTIN GRAY, OF NORTH CAROLINA
JONATHAN P. GRESSEL, OF FLORIDA
JEFFREY A. HESSE, OF VIRGINIA
JAMES JOSEPH HIGGISTON, OF NEW YORK
ROBERT K. HOFF, OF CALIFORNIA
S. RODRICK MCSHERRY, OF NEW MEXICO
DALE L. MAKI, OF TEXAS
DAVID C. MILLER, OF WASHINGTON
OSVALDO E. PEREZ-RAMOS, OF THE DISTRICT OF COLUMBIA
SUSAN R. SCHAYES, OF VIRGINIA
DAVID GOODSON SALMON, OF MISSOURI
KEVIN N. SMITH, OF ILLINOIS


                         DEPARTMENT OF JUSTICE

       RALPH E. MARTINEZ, OF FLORIDA, TO BE A MEMBER OF THE 
     FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES FOR 
     A TERM EXPIRING SEPTEMBER 30, 2010, VICE LARAMIE FAITH 
     MCNAMARA.
     
     


[[Page 1457]]

          HOUSE OF REPRESENTATIVES--Wednesday, February 6, 2008


  The House met at 2 p.m. and was called to order by the Speaker pro 
tempore (Mr. Baird).

                          ____________________




                 DESIGNATION OF THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore laid before the House the following 
communication from the Speaker:

                                               Washington, DC,

                                                 February 6, 2008.
       I hereby appoint the Honorable Brian Baird to act as 
     Speaker pro tempore on this day.
                                                     Nancy Pelosi,
     Speaker of the House of Representatives.

                          ____________________




                                 PRAYER

  Dr. Stephen L. Swisher, Lovers Lane United Methodist Church, Dallas, 
Texas, offered the following prayer:
  Dear God, in this moment may we encounter a fresh experience with 
You.
  Give us peace in the uncertainty of this election season and renewed 
strength as we remember those who sent us here. We know in our hearts 
that without Your guidance we can do nothing, but with You we can do 
all things.
  Let us not be afraid of the problems that challenge us but instead be 
grateful that You have called us to make a difference at this time in 
history.
  I pray Your blessings of health, happiness, and protection upon each 
Member of the United States House of Representatives, their families, 
and staff members as well.
  In times of frustration, may we know that You are with us and ready 
to help, if we will ask.
  May we be emboldened by the thought that as individuals we represent 
various cities, counties, and States, but together we stand for the 
greatest Nation ever created.
  In Jesus' name. Amen.

                          ____________________




                              THE JOURNAL

  The SPEAKER pro tempore. The Chair has examined the Journal of the 
last day's proceedings and announces to the House his approval thereof.
  Pursuant to clause 1, rule I, the Journal stands approved.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The SPEAKER pro tempore. Will the gentleman from Florida (Mr. Miller) 
come forward and lead the House in the Pledge of Allegiance.
  Mr. MILLER of Florida led the Pledge of Allegiance as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




                  CITY OF SHAME: BERKELEY, CALIFORNIA

  (Mr. POE asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. POE. Mr. Speaker, Berkeley, California, has fallen off the deep 
end, and it wasn't caused by an earthquake either.
  The city council passed a resolution telling the local United States 
Marine Corps recruiting station that it was ``not welcome in the city, 
and if recruiters choose to stay, they do so as uninvited and unwelcome 
intruders.''
  Mayor Tom Bates said, ``The Marines don't belong here, they shouldn't 
have come here, and they should leave.''
  Shame on Mayor Bates. He has flippantly and pompously denounced those 
noble few--the proud--the chosen--the Marines that represent everything 
that is good and right about America. These defenders of democracy 
deserve better than Berkeley's arrogant disapproval.
  These deplorable anti-Marine city council members must still have a 
sixties peacenik, hippie mentality that world peace can occur by 
sitting around smoking dope and banging on the tambourine.
  Berkeley should lose all Federal funding for their smug denouncement 
of the Marine Corps. Patriotic Americans should not subsidize cities 
that tell the Marines to ``get out of town.''
  And as for the Marines, we'll take them all in Texas. We'll have a 
parade, fly the flag, and sing the Marine Hymn. So Semper Fi.
  And that's just the way it is.

                          ____________________




                      MEDICARE ENTITLEMENT REFORM

  (Mr. MILLER of Florida asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. MILLER of Florida. Mr. Speaker, during this election season, 
political candidates will address every issue in the room except for 
the 800-pound gorilla. Medicare is rapidly growing in our Federal 
budget.
  Just last week, Medicare trustees again reminded Congress that 
Medicare is projected to draw more than 45 percent of its funding from 
the general government revenue, as opposed to the Medicare trust fund.
  If Congress doesn't start to make some changes, the program will face 
over $34 trillion in unfunded obligations over the next 75 years, which 
is nearly seven times the size of outstanding public debt today. This 
rapid growth in Medicare expenditures is fiscally unsustainable.
  Mr. Speaker, both liberal and conservative policy analysts, along 
with the GAO, have been warning Congress of the much-needed entitlement 
reform. Who else must weigh in on the issue before Congress will start 
addressing comprehensive Medicare reform?

                          ____________________




                             CAPITAL GAINS

  (Mr. HERGER asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. HERGER. Mr. Speaker, unless Congress acts, in 3 short years 
capital gains taxes will jump from 15 percent to 20 percent. Tax 
increases, as Democrats would allow, send the wrong messages to 
businesses facing economic uncertainty.
  But what does this mean for working Americans? Simply put, fewer jobs 
as employers make tough decisions about hiring and retention. Some say 
tax relief costs too much, but history since 2002 shows otherwise. 
Lower rates have unlocked billions in gains, boosting Federal revenues 
far beyond Congress' projections which were made based on higher tax 
rates.
  Lower taxes, higher revenues, and greater growth for our economy and 
for the American workers, Congress should keep the capital gains rates 
constant.

                          ____________________




                  HONORING FORMER OREGONIAN KEVIN BOSS

  (Ms. HOOLEY asked and was given permission to address the House for 1 
minute and to revise and extend her remarks.)
  Ms. HOOLEY. Mr. Speaker, I rise today to congratulate the New York 
Giants on their upset of the New England Patriots to win Super Bowl 
XLII.
  With hometown pride in representing Monmouth and Philomath, I want to 
congratulate the Giants' starting tight end in the Super Bowl, Kevin 
Boss, a graduate of Philomath High and Western Oregon University.
  Kevin was drafted as a backup to the Giants' four-time Pro Bowl tight 
end

[[Page 1458]]

Jeremy Shockey, but was thrust into the spotlight late in the season 
when Shockey broke his leg.
  It is apt that friends gathered at Rookies' in Monmouth to cheer 
their local son to victory. The Boss, as he is known, may be a rookie, 
but no one would have realized it from watching Sunday night's game.
  His biggest mark in the Super Bowl came when he caught a 45-yard 
pass, setting up the Giants' first touchdown of the game to take a 10-7 
lead in the fourth quarter.
  Despite being about as far away from New York as one can be in the 
United States, the towns of Philomath and Monmouth couldn't be more 
proud.

                          ____________________




                      BERKELEY'S ACTIONS OFFENSIVE

  (Mr. SAM JOHNSON of Texas asked and was given permission to address 
the House for 1 minute and to revise and extend his remarks.)
  Mr. SAM JOHNSON of Texas. Mr. Speaker, you all know the Marine Corps 
Hymn. It starts, ``From the halls of Montezuma to the shores of 
Tripoli, we fight our country's battles in the air, on land, and sea.''
  Sadly, now the Marines have a new fight in the City of Berkeley. 
Recently, the city council voted to declare that a Marine recruiting 
station is ``not welcome in the city.''
  To rub salt in the wound, the council then granted carte blanch to 
the radical protest group Code Pink. The disappointing and despicable 
actions of the Berkeley council are sad, shameful, and sickening. Some 
would call it treasonous.
  Marines volunteer to serve their country and spill their blood for 
this Nation. Berkeley ought to show more respect for our Armed Forces.
  The Marines' motto, ``Semper Fidelis,'' is ``Always Faithful.'' 
Although Berkeley may not be faithful to the Marines, I can guarantee 
you that the City of Berkeley wouldn't exist in a free country without 
the United States Marines.
  The council needs to reverse this absurd decision. Their actions are 
offensive and obnoxious.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Under clause 5(d) of rule XX, the Chair 
announces to the House that, in light of the resignation of the 
gentleman from Louisiana (Mr. Baker), the whole number of the House is 
430.

                          ____________________




               COMMUNICATION FROM THE CLERK OF THE HOUSE

  The SPEAKER pro tempore laid before the House the following 
communication from the Clerk of the House of Representatives:

                                     House of Representatives,

                                 Washington, DC, January 30, 2008.
     Hon. Nancy Pelosi,
     The Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: Pursuant to the permission granted in 
     Clause 2(h) of Rule II of the Rules of the U.S. House of 
     Representatives, the Clerk received the following message 
     from the Secretary of the Senate on January 30, 2008, at 9:15 
     a.m.:
       That the Senate passed without amendment H.R. 5104.
       That the Senate passed S. 2571.
       With best wishes, I am
           Sincerely,
                                               Lorraine C. Miller,
     Clerk of the House.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 4 of rule I, the 
following enrolled bills were signed by the Speaker on Wednesday, 
January 30, 2008:
  H.R. 5104, to extend the Protect America Act of 2007 for 15 days
  S. 2110, to designate the facility of the United States Postal 
Service located at 427 North Street in Taft, California, as the ``Larry 
S. Pierce Post Office''.

                          ____________________




               COMMUNICATION FROM THE CLERK OF THE HOUSE

  The SPEAKER pro tempore laid before the House the following 
communication from the Clerk of the House of Representatives:

                                     House of Representatives,

                                 Washington, DC, February 5, 2008.
     Hon. Nancy Pelosi,
     The Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: Pursuant to the permission granted in 
     Clause 2(h) of Rule II of the Rules of the U.S. House of 
     Representatives, the Clerk received the following message 
     from the Secretary of the Senate on February 5, 2008, at 
     10:24 a.m.:
       That the Senate agreed to S.J. Res 25. That the Senate 
     passed S. 550.
       Appointments: Washington's Farewell Address
       With best wishes, I am
           Sincerely,
                                               Lorraine C. Miller,
     Clerk of the House.

                          ____________________




               COMMUNICATION FROM THE CLERK OF THE HOUSE

  The SPEAKER pro tempore laid before the House the following 
communication from the Clerk of the House of Representatives:

                                     House of Representatives,

                                 Washington, DC, February 4, 2008.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: Pursuant to the permission granted in 
     Clause 2(h) of Rule II of the Rules of the U.S. House of 
     Representatives, the Clerk received the following message 
     from the Secretary of the Senate on February 4, 2008, at 
     10:08 a.m.:
       That the Senate concurs in the House amendment to the 
     Senate amendment to the bill H.R. 4253.
       Appointments: United States-Japan Interparliamentary Group 
     conference
           With best wishes, I am
           Sincerely,
                                               Lorraine C. Miller,
     Clerk of the House.

                          ____________________




          APPOINTMENT OF MEMBER TO COMMISSION ON CIVIL RIGHTS

  The SPEAKER pro tempore. Pursuant to section 2 of the Civil Rights 
Commission Amendments Act of 1994 (42 U.S.C. 1975 note), the order of 
the House of January 4, 2007, and upon the recommendation of the 
minority leader, the Chair announces the Speaker's appointment of the 
following member on the part of the House to the Commission on Civil 
Rights to fill the existing vacancy thereon and, effective February 12, 
2008, the Speaker's reappointment of the same member to a 6-year term 
expiring February 11, 2014:
  Mr. Todd Gaziano, Falls Church, Virginia

                          ____________________




   COMMUNICATION FROM CONGRESSIONAL AIDE, HON. WILLIAM J. JEFFERSON, 
                           MEMBER OF CONGRESS

  The SPEAKER pro tempore laid before the House the following 
communication from Ericka Edwards-Jones, Congressional Aide, the 
Honorable William J. Jefferson, Member of Congress:

                                     House of Representatives,

                                 Washington, DC, January 28, 2008.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: This is to notify you formally, 
     pursuant to Rule VIII of the Rules of the House of 
     Representatives, that I have received a subpoena for 
     testimony issued by the U.S. District Court for the Eastern 
     District of Virginia.
       After consultation with the Office of General Counsel, I 
     have determined that compliance with the subpoena is 
     consistent with the precedents and privileges of the House.
           Sincerely,
                                             Ericka Edwards-Jones,
     Congressional Aide.

                          ____________________




  COMMUNICATION FROM LEGISLATIVE DIRECTOR, HON. WILLIAM J. JEFFERSON, 
                           MEMBER OF CONGRESS

  The SPEAKER pro tempore laid before the House the following 
communication from Angelle B. Kwemo, Legislative Director, the 
Honorable William J. Jefferson, Member of Congress:

                                     House of Representatives,

                                 Washington, DC, January 29, 2008.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: This is to notify you formally, 
     pursuant to Rule VIII of the

[[Page 1459]]

     Rules of the House of Representatives, that I have received a 
     subpoena for testimony issued by the U.S. District Court for 
     the Eastern District of Virginia.
       After consultation with counsel, I have determined that 
     compliance with the subpoena is consistent with the 
     precedents and privileges of the House.
           Sincerely,
                                                 Angelle B. Kwemo,
     Legislative Director.

                          ____________________




 BUDGET OF THE UNITED STATES GOVERNMENT FOR FISCAL YEAR 2009--MESSAGE 
      FROM THE PRESIDENT OF THE UNITED STATES (H. DOC. NO. 110-84)

  The SPEAKER pro tempore laid before the House the following message 
from the President of the United States; which was read and, together 
with the accompanying papers, without objection, referred to the 
Committee on Appropriations and ordered to be printed:

To the Congress of the United States:
  At www.budget.gov, Americans will find the budget of the Federal 
Government for Fiscal Year 2009. Two key principles guided the 
development of my Budget--keeping America safe and ensuring our 
continued prosperity.
  As we enter this New Year, our economy retains a solid foundation 
despite some challenges, revenues have reached record levels, and we 
have reduced the Federal deficit by $250 billion since 2004. Thanks to 
the hard work of the American people and spending discipline in 
Washington, we are now on a path to balance the budget by 2012. Our 
formula for achieving a balanced budget is simple: create the 
conditions for economic growth, keep taxes low, and spend taxpayer 
dollars wisely or not at all.
  As Commander in Chief, my highest priority is the security of the 
American people. So my Budget invests substantial resources to protect 
the United States from those who would do us harm. Continuing our 
Nation's efforts to combat terrorism around the globe, my Budget 
provides our men and women in uniform the tools they need to succeed in 
Afghanistan and Iraq, and it furnishes the resources needed for our 
civilians to help those nations achieve economic and political 
stabilization. My Budget also strengthens our overseas diplomatic 
capabilities and development efforts, advances our political and 
economic interests abroad, and improves the lives of people around the 
world.
  Here at home, we are blessed to live in a country that rewards hard 
work and innovation. In our flexible and dynamic economy, people can 
pursue their dreams, turn ideas into enterprises, and provide for their 
families.
  As we look back over the past 7 years, we see the economy has 
successfully responded to substantial challenges, including a recession 
terrorist attacks, corporate scandals, wars, and devastating natural 
disasters. It is a measure of our economy's resilience and the 
effectiveness of pro-growth policies that our economy has absorbed 
these shocks, grown for 6 straight years, and had the longest period of 
uninterrupted job growth on record. Yet mixed indicators confirm that 
economic growth cannot be taken for granted. To insure against the risk 
of an economic downturn, I will work with the Congress to pass a growth 
plan that will provide immediate, meaningful, and temporary help to our 
economy.
  Americans have real concerns about their ability to afford healthcare 
coverage, pay rising energy bills, and meet monthly mortgage payments. 
They expect their elected leaders in Washington to address these 
pressures on our economy. So my Budget puts forth proposals to make 
health care more affordable and accessible, reduce our dependence on 
oil, and help Americans struggling to keep their homes.
  Above all, my Budget continues the pro-growth policies that have 
helped promote innovation and entrepreneurship. I will not jeopardize 
our country's continued prosperity with a tax increase. Higher taxes 
would only lead to more wasteful spending in Washington--putting at 
risk both economic growth and a balanced budget.
  As we work to keep taxes low, we must do more to restrain spending. 
My Budget proposes to keep non-security discretionary spending growth 
below 1 percent for 2009 and then hold it at that level for the next 4 
years. It also cuts spending on projects that are not achieving 
results--because good intentions alone do not justify a program that is 
not working.
  One of the best ways to reduce waste and increase accountability is 
to make Federal spending more transparent. To help Americans see where 
their money is being spent, we have launched a website called 
www.USAspending.gov, and to help Americans see the kind of results they 
are getting for their money, we launched www.ExpectMore.gov. I invite 
all Americans to log on and find out for themselves how their hard-
earned tax dollars are being spent.
  Billions of those tax dollars go to something called earmarks. 
Earmarks are special-interest items that are slipped into big spending 
bills or committee reports, often at the last hour, without discussion 
or debate. Last January, I asked the Congress to reform earmarks, and 
lawmakers took some modest steps in that direction. But they failed to 
end the practice of concealing earmarks in report language--and they 
continued to fund thousands of them. So I will take steps to advance 
earmark reform. I also call on the Congress to adopt the legislative 
line-item veto, which gives the legislative and executive branches a 
tool to help eliminate wasteful spending. Common-sense reform will help 
prevent billions of taxpayers' dollars from being spent on unnecessary 
and unjustified projects.
  As we take these steps to address discretionary spending, we also 
need to confront the biggest challenge to the Federal budget: the 
unsustainable growth in entitlement spending. Many Americans depend on 
programs like Social Security, Medicare, and Medicaid, and we have an 
obligation to make sure they are sound for our children and 
grandchildren. If we do not address this challenge, we will leave our 
children three bad options: huge tax increases, huge deficits, or huge 
cuts in benefits. The longer we put off the problem, the more 
difficult, unfair, and expensive a solution becomes.
  My Budget works to slow the rate of growth of these programs in the 
short term, which will save $208 billion over 5 years. This step alone 
would reduce Medicare's 75-year unfunded obligation by nearly one-
third. My Administration cannot solve this problem alone, though. We 
need a commitment from the Congress to reform and improve these vital 
programs so they can serve future generations of Americans.
  In my 2009 Budget, I have set clear priorities that will help us meet 
our Nation's most pressing needs while addressing the long-term 
challenges ahead. With pro-growth policies and spending discipline, we 
will balance the budget in 2012, keep the tax burden low, and provide 
for our national security. And that will help make our country safer 
and more prosperous.
                                                      George W. Bush.  
The White House, February 4, 2008.

                          ____________________




                              {time}  1415
                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair 
will postpone further proceedings today on motions to suspend the rules 
on which a recorded vote or the yeas and nays are ordered, or on which 
the vote is objected to under clause 6 of rule XX.
  Record votes on postponed questions will be taken after 6:30 p.m. 
today.

                          ____________________




 RECOGNIZING THE 50TH ANNIVERSARY OF THE NATIONAL ACADEMY OF RECORDING 
                            ARTS & SCIENCES

  Mr. HODES. Mr. Speaker, I move to suspend the rules and agree to the 
concurrent resolution (H. Con. Res. 273) recognizing the 50th 
Anniversary of the National Academy of Recording Arts & Sciences.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

[[Page 1460]]



                            H. Con. Res. 273

       Whereas, in 1957, a group of visionary leaders gathered at 
     the famed Brown Derby in Los Angeles to form The National 
     Academy of Recording Arts & Sciences;
       Whereas The Recording Academy soon created the GRAMMY Award 
     which is the world's most visible and prestigious award for 
     music;
       Whereas the GRAMMY was created as a peer award, given by 
     music makers, for music makers, to honor the highest quality 
     recording music of the year without regard to sales or chart 
     position;
       Whereas The Recording Academy expanded its mission beyond 
     recognition of musical excellence to include groundbreaking 
     professional development, cultural enrichment, advocacy, 
     education, and human services programs;
       Whereas through its 12 chapters across America, The 
     Recording Academy serves more than 18,000 musicians, singers, 
     songwriters, producers, engineers, and other music 
     professionals;
       Whereas, in 1989, The Recording Academy created the GRAMMY 
     Foundation to cultivate the understanding, appreciation, and 
     advancement of the contribution of recorded music to American 
     culture, from the artistic and technical legends of the past 
     to the still unimagined musical breakthroughs of future 
     generations of music professionals;
       Whereas that same year, The Recording Academy created 
     MusiCares, to provide a safety net of critical assistance for 
     music people in times of need;
       Whereas the GRAMMYs on the Hill Initiative, based in 
     Washington, DC, works to advance the rights of the music 
     community through advocacy, education, and dialogue; and
       Whereas through this initiative, The Recording Academy has 
     become a leading advocate for music makers: Now, therefore, 
     be it
       Resolved by the House of Representatives (the Senate 
     concurring), That Congress congratulates The Recording 
     Academy during its 50th GRAMMY celebration for its important 
     work in improving the environment for music and music makers.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Hampshire (Mr. Hodes) and the gentlewoman from North Carolina (Ms. 
Foxx) each will control 20 minutes.
  The Chair recognizes the gentleman from New Hampshire.


                             General Leave

  Mr. HODES. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Hampshire?
  There was no objection.
  Mr. HODES. Mr. Speaker, I yield myself as much time as I may consume.
  Mr. Speaker, as a member of the House Committee on Oversight and 
Government Reform, I'm pleased to join my colleagues in the 
consideration of House Concurrent Resolution 273, which acknowledges 
the 50th anniversary of the National Academy of Recording Arts & 
Sciences.
  House Concurrent Resolution 273 was introduced by Representative Mary 
Bono Mack of California on December 19, 2007, and was considered by and 
reported from the Oversight Committee on January 29, 2008, by voice 
vote.
  The measure has the support of over 60 Members of Congress, and 
provides our body a collective opportunity to both recognize and 
congratulate the National Academy of Recording Arts & Sciences on its 
50th anniversary Grammy Awards celebration.
  Established in 1957, the National Academy of Recording Arts & 
Sciences, also known as the Recording Academy, serves as the premier 
organization of musicians, producers, recording engineers and other 
recording professionals dedicated to improving the quality of life and 
cultural conditions of others through music and the arts. As a producer 
of recordings myself, I am especially aware of the academy's fine and 
important work.
  The Recording Academy is best known for its presentation of the 
Grammy Awards, which is the only peer-presented award ceremony to honor 
artistic achievement, technical proficiency and overall excellence in 
the recording industry without regard to album sales or chart position.
  In addition to the Grammys, the Recording Academy is also known for 
its philanthropic efforts to cultivate the understanding, appreciation 
and advancement of the recording industry's contributions to American 
culture through music and education programs offered by the Grammy 
Foundation.
  Mr. Speaker, I'm sure we all agree that the Recording Academy has 
made a significant contribution to the landscape of our country. For 
its service in improving the environment for music, music makers and 
music lovers over the past 50 years, the Recording Academy is 
undoubtedly deserving of recognition. Therefore, I urge swift passage 
of House Concurrent Resolution 273.
  Mr. Speaker, I reserve the balance of my time.
  Ms. FOXX. Mr. Speaker, I yield myself as much time as I may consume.
  Mr. Speaker, I rise in support of H. Con. Res. 273, which recognizes 
the 50th anniversary of the National Academy of Recording Arts & 
Sciences.
  Mr. Speaker, while the music industry has changed and continues to 
change over the years, its importance to the lives of Americans has 
not. Songs provide inspiration, evoke fond memories, and even comfort 
us during times of need.
  In addition to entertaining us, we should also be mindful of the 
music industry's role in our Nation's economy, accounting for some 
$11.5 billion annually. Moreover, this sector of our economy provides 
jobs to thousands of singers, songwriters, musicians, producers and 
other recording professionals.
  In 1957, the National Academy of Recording Arts & Sciences was formed 
to honor the most talented music makers by creating the world's most 
prestigious music award, known as the Grammy Award.
  This unique award is not based on sales, popularity or consumer taste 
but is given as a peer award by artists for artists. The award also 
continues to be the only peer-presented award to honor the achievement, 
technical proficiency and overall excellence in the recording industry.
  The Recording Academy's responsibility for the Grammys is only the 
tip of the iceberg. The academy has also expanded its scope beyond 
recognizing the best in music to include groundbreaking professional 
development, cultural enrichment, advocacy, education and human 
services programs. In time, the Grammy Foundation was created to 
recognize the significant contributions music has made to American 
culture and its impact on all of our citizens in the past, present and 
future.
  Another aspect of the academy's outreach is MusiCares. Through the 
efforts of this program, a wide range of financial, medical and 
personal emergencies for many struggling artists in the Nation's music 
community are covered. MusiCares also provides educational programs 
that are found throughout the country that focus on the preservation of 
our musical heritage.
  Through its 12 chapters across the United States, the Recording 
Academy impacts the music community at large by working diligently to 
protect the music creators through strong intellectual property rights, 
addressing the legality of downloading and purchase of music on the 
Internet, as well as music preservation and music education.
  I urge my colleagues to support this concurrent resolution 
congratulating the Recording Academy during its 50th Grammy 
celebration, and recognizing its important contribution to the success 
and vitality of music makers.
  Mrs. BONO MACK. Mr. Speaker, this weekend millions of Americans will 
view the Grammy Awards Gala and I rise today to recognize a most 
important milestone for the organization responsible for this program.
  I would first like to take this opportunity to thank the Majority 
Leader and his staff for working together with my office on this 
concurrent resolution. Additionally, I would like to thank him for his 
steadfast commitment to the Recording Arts and Sciences Caucus of which 
we both serve as co-chairs.
  Today I am joined by over 60 of my colleagues--on both sides of the 
aisle--as I put forth this concurrent resolution which recognizes the 
contributions the National Academy of Recording Arts and Sciences has 
made to our country over the last half century.
  It is indeed an honor to celebrate this anniversary as we acknowledge 
that is has been 50 years since the Recording Academy was formed. 
Throughout that time the Recording Academy has expanded its mission 
beyond a peer music award to include professional development, cultural 
enrichment, advocacy, education, and human services programs.

[[Page 1461]]

  These programs are helping develop and nurture the music industry and 
most importantly the musicians who make up that industry. The impact 
this has had on music and the arts in the United States cannot be 
overstated.
  At its core, the Recording Academy's support for the individual 
recording professional has been and is essential to the creative life 
of our Nation. The Recording Academy's constant push for the 
advancement of the rights of musicians, songwriters, singers, 
producers, and other recording professionals is essential to the future 
health and sustainability of the music community. Thankfully, the 
Recording Academy is there everyday, championing these worthy causes 
and educating all of us about their importance.
  As such, I am proud to have authored House Concurrent Resolution 273 
which recognizes the 50th Anniversary of the National Academy of 
Recording Arts and Sciences.
  Thank you, Mr. Speaker, and I ask for the support of Members from 
both sides of the aisle for H. Con. Res. 273, legislation I'm proud to 
have authored.
  Ms. FOXX. Mr. Speaker, I yield back the balance of my time.
  Mr. HODES. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Hampshire (Mr. Hodes) that the House suspend the 
rules and agree to the concurrent resolution, H. Con. Res. 273.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the concurrent resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




 COMMENDING THE HOUSTON DYNAMO SOCCER TEAM FOR WINNING THE 2007 MAJOR 
                           LEAGUE SOCCER CUP

  Mr. HODES. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 867) commending the Houston Dynamo soccer team for 
winning the 2007 Major League Soccer Cup.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 867

       Whereas the Houston Dynamo soccer team won the 2007 Major 
     League Soccer Cup, defeating the New England Revolution by a 
     score of 2-1 at RFK Stadium on November 18, 2007;
       Whereas as the Houston Dynamo came back from a 1-0 halftime 
     deficit to defeat the Revolution;
       Whereas as Dwayne De Rosario, assisted on the tying goal to 
     Joseph Ngwenya, scored the winning goal and was named the 
     game's MVP;
       Whereas as the Houston Dynamo were playing without Brian 
     Ching, the MVP of last year's MLS Cup due to injury;
       Whereas as the Houston Dynamo has won the Major League 
     Soccer Cup for the second consecutive year;
       Whereas as the Houston Dynamo is the first team to win 
     back-to-back MLS Cups in 10 years;
       Whereas as the Houston Dynamo have won the MLS Cup in their 
     first 2 years of existence in Houston;
       Whereas Houston Dynamo Coach Dominic Kinnear has guided the 
     team to 26 wins, 20 draws, and 16 losses in his first 2 
     seasons in Houston; and
       Whereas Houston Dynamo defender Eddie Robinson and 
     midfielder Dwayne De Rosario were named to the 2007 MLS Best 
     XI all-star team: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) commends the Houston Dynamo soccer team for winning the 
     2007 MLS Cup; and
       (2) congratulates the team for back-to-back MLS Cup wins in 
     their first 2 seasons in Houston.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Hampshire (Mr. Hodes) and the gentlewoman from North Carolina (Ms. 
Foxx) each will control 20 minutes.
  The Chair recognizes the gentleman from New Hampshire.


                             General Leave

  Mr. HODES. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Hampshire?
  There was no objection.
  Mr. HODES. Mr. Speaker, I yield as much time to myself as I may 
consume.
  Mr. Speaker, as a member of the House Committee on Oversight and 
Government Reform, I'm pleased to join my colleagues in the 
consideration of House Resolution 867, which provides for the 
recognition of the Dynamo soccer team, out of Houston, Texas, for their 
recent 2007 MLS championship win.
  House Resolution 867 was introduced by Representative Gene Green of 
Texas on December 11, 2007, and was considered by and reported from the 
House Committee on Oversight on January 29, 2008, by voice vote.

                              {time}  1430

  The measure has the support and cosponsorship of nearly 55 Members of 
Congress, and its consideration today on the House floor allows our 
entire body the chance to commend the Dynamo on winning the coveted MLS 
Cup. As is the case in most professional sporting or athletic leagues, 
ultimate success or winning of a championship title requires hard work, 
sacrifice, and innate desire to win.
  The Houston Dynamo, led by 2005 MLS Coach of the Year Dominic 
Kinnear, have clearly demonstrated their commitment to these ideals as 
they not only hold the 2007 MLS Championship Cup but are also the proud 
winners of the 2006 MLS Championship Cup as well.
  The Dynamo's recent wins mark the first time in 10 years that a team 
has won back-to-back MLS Cups. For this accomplishment, Mr. Speaker, we 
stand to commend the Dynamo, their players, coaches and supportive fans 
on a job well done.
  I urge the passage of this measure.
  Mr. Speaker, I reserve the balance of my time.
  Ms. FOXX. Mr. Speaker, I yield myself as much time as I may consume.
  Mr. Speaker, I rise today in favor of H. Res. 867 which congratulates 
the Houston Dynamo for winning its second straight Major League Soccer 
championship.
  Early in the season, the Dynamo team members weren't so much worried 
about defending their title as merely maintaining respectability. They 
brought a 2-4-1 record into Washington's RFK stadium, less than two 
miles from where we stand right now, on May 26.
  Though they lost by the score of 2-1 that night, to a man, they 
agreed that was the game when things turned around.
  The Dynamo did not lose again until July 10, a period that covered 12 
games. After that, they went six more games without a loss. By then, 
they were back where they belonged, atop the MLS standings.
  The key for this team, from all accounts, was its defense. The Dynamo 
scored 43 goals in 30 games. Not outstanding for a league champion, but 
it allowed just 23 goals as opponents wore defenders from all three 
lines of the Dynamo attack like a cheap suit for most of the season.
  Brian Ching, Stuart Holden, Eddie Robinson, Ricardo Clark, Brad 
Davis, and Patrick Ianni formed the backbone of those three lines. Pat 
Onstead, who help the team set a league record for best goal-against 
average, 0.73 per game, provided other-worldly goalkeeping.
  The season was not without its drama. After recovering from the slow 
start, the Dynamo again flirted with elimination when it lost to FC 
Dallas, 1-0, in its first playoff game and trailed 1-0 and faced 
elimination in its second. But the Dynamo then buried Dallas in a four-
goals-in-30-minutes barrage and never looked back. It beat New England 
in the finals 3-0. Does this sound familiar?
  The Dynamo showed what can happen when the team recognizes its 
weaknesses and buys into a plan to fix them.
  Congratulations to Coach Dominic Kinnear and his players for showing 
what can happen when we pull together and rise above.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HODES. Mr. Speaker, I yield to my distinguished colleague from 
Texas (Mr. Gene Green) so much time as he may consume.
  Mr. GENE GREEN of Texas. Mr. Speaker, I would like to thank my 
colleague and both the Government Reform Committee and Rules Committee

[[Page 1462]]

for allowing this resolution to be considered today. I urge my 
colleagues to join me in supporting it.
  The Dynamo soccer team arrived in Houston just 2 years ago, and in 
the team's first two seasons, they won back-to-back MLS Cups. The 
Dynamo are the first team to do so in over a decade and have 
immediately drawn a huge fan base in Houston for their success.
  Dynamo coach Dominic Kinnear has guided the team to 26 wins, 20 
draws, and 16 losses in its first two seasons in Houston. The Cup win 
this season came over the New England Revolution, the same team the 
Dynamo defeated in 2006 to win their first MLS Cup and the 2007 match 
to an attendance of merely 40,000. The 2007 Cup win was a come-from-
behind victory in which Dwayne De Rosario assisted on the tying goal to 
Joseph Ngwenya, and scored the winning goal to take home the most 
valuable player honors from the match.
  The Dynamo managed to accomplish this without the most valuable 
player from their 2006 Cup win, Brian Ching, who was sidelined with an 
injury.
  Texas and Houston have a long history of being a football State and 
town, but I first learned about soccer when I was in college playing 
goalie just during college sports. My two children grew up playing 
soccer in the 1980s when they were young in Houston. Over the years, I 
watched soccer grow not only in the suburbs but also in the very inner 
city, and you can hardly have a flat field, flat surface, without 
having soccer goals put up.
  Today in our district and throughout the Houston area, countless 
numbers of children have played and become soccer fans, and the 
Dynamos' success since arriving in Houston greatly increased the 
interest in the game.
  Four of the Dynamo stars, Brad Davis, Eddie Robinson, Ricardo Clark, 
and Stuart Holden, have been selected for the U.S. Men's National Team 
roster that will face Team Mexico at Reliant Stadium tonight in 
Houston. This is the most players of any club represented on our 
national team, and it includes the Houston native, Stuart Holden, who 
played his high school soccer in Houston.
  The U.S.-Mexico soccer rivalry is one of the biggest matches the team 
plays and always draws enormous crowds and a large television 
following.
  We wish the players luck tonight in their match and congratulate the 
Dynamos on their past success and look forward to their continued 
success in 2008.
  Again, Mr. Speaker, I urge my colleagues to join me in supporting 
this resolution congratulating the Houston Dynamos on their 2007 Major 
League Soccer Cup victory.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in strong support of H. 
Res. 867 commending the Houston Dynamo for winning the 2007 Major 
League Soccer Cup. I would first like to commend our distinguished 
colleague Gene Green of the 29th Congressional District of Texas for 
introducing this important resolution. The Houston Dynamo has 
consistently strived for excellence and dominated the MLS playoffs for 
2 consecutive years and I am happy to commend them for their efforts.
  The Dynamo played their first game on April 2, 2006, in front of a 
crowd of 25,462 in Robertson Stadium. The Dynamo finished their first 
season in Houston with an 11-8-13 record, earning them second place in 
the Western Conference. On November 12, 2006, at Pizza Hut Park in 
Frisco, Texas, the Houston Dynamo defeated the New England Revolution 
in an exciting match decided by the first shootout in MLS history, 4-3 
on penalty kicks after a 1-1 tie to win the 2006 MLS Cup.
  After regrouping in 2007 and pulling off a win against rival FC 
Dallas, Houston began an winning streak of 11 games and a shutout 
streak of 726 minutes, a new MLS record. They finished in second place 
in the regular season in the Western Conference, advancing to the 2007 
MLS Cup Playoffs, where they met State rivals FC Dallas in the first 
round. Just like in 2006, they faced the New England Revolution for the 
championship, and won it 2-1 on a game-winning goal by Dwayne De 
Rosario in the second half, thus winning their second MLS Cup in a row.
  As a native Houstonian I am proud to honor the Houston Dynamo for 
their sheer dominance since the premiere of MLS soccer in the United 
States. I strongly urge the community to support the Houston Dynamo as 
they will need it to sustain the expectations they have already lived 
up to. I strongly support this resolution and I urge my colleagues to 
do the same.
  Ms. FOXX. Mr. Speaker, I urge the passage of H. Res. 867, and I yield 
back the balance of my time.
  Mr. HODES. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Hampshire (Mr. Hodes) that the House suspend the 
rules and agree to the resolution, H. Res. 867.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HODES. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




          RECOGNIZING THE SIGNIFICANCE OF BLACK HISTORY MONTH

  Mr. HODES. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 942) recognizing the significance of Black History 
Month.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 942

       Whereas the first Africans were brought involuntarily to 
     the shores of America as early as the 17th century;
       Whereas these Africans in America and their descendents are 
     now known as African-Americans;
       Whereas African-Americans suffered involuntary servitude 
     and subsequently faced the injustices of lynch mobs, 
     segregation, and denial of basic, fundamental rights;
       Whereas despite involuntary servitude, African-Americans 
     have made significant contributions to the economic, 
     educational, political, artistic, literary, religious, 
     scientific, and technological advancement of the Americas;
       Whereas in the face of injustices, United States citizens 
     of good will and of all races distinguished themselves with 
     their commitment to the noble ideals upon which the United 
     States was founded and courageously fought for the rights and 
     freedom of African-Americans;
       Whereas Dr. Martin Luther King Jr. lived and died to make 
     real these noble ideals;
       Whereas the birthdays of Abraham Lincoln and Fredrick 
     Douglass inspired the creation of Negro History Week, the 
     precursor to Black History Month;
       Whereas Negro History Week represented the culmination of 
     Dr. Carter G Woodson's efforts to enhance knowledge of black 
     history started through the Journal of Negro History, 
     published by Woodson's Association for the Study of African-
     American Life and History; and
       Whereas the month of February is officially celebrated as 
     Black History Month, which dates back to 1926, when Dr. 
     Carter G. Woodson set aside a special period of time in 
     February to recognize the heritage and achievement of Black 
     Americans: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) recognizes the significance of Black History Month as 
     an important time to recognize the contributions of African-
     Americans in the Nation's history, and encourages the 
     continued celebration of this month to provide an opportunity 
     for all peoples of the United States to learn more about the 
     past and to better understand the experiences that have 
     shaped the Nation; and
       (2) recognizes that the ethnic and racial diversity of the 
     United States enriches and strengthens the Nation.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Hampshire (Mr. Hodes) and the gentleman from Florida (Mr. Feeney) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Hampshire.


                             General Leave

  Mr. HODES. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Hampshire?
  There was no objection.
  Mr. HODES. Mr. Speaker, I yield to myself as much time as I may 
consume.
  Mr. Speaker, as a member of the House Committee on Oversight and 
Government Reform, I am pleased to join my colleagues in the 
consideration

[[Page 1463]]

of H. Res. 942 which calls for Congress to recognize the significance 
of February as Black History Month.
  H. Res. 942 was introduced by Representative Al Green of Texas on 
January 28, 2008, and was considered by and reported from the Oversight 
Committee on January 29, 2008, by voice vote. The measure has the 
support and cosponsorship of 55 Members of Congress, yet gives us all 
an opportunity to pay tribute to the remarkable contributions African 
Americans have made to America's growth, development, and rich history.
  As we are aware, February marks the beginning of Black History Month, 
which was first celebrated as Negro History Week in 1926 by Carter G. 
Woodson, a noted African American author and scholar, but has since 
become a month-long commemorative celebration as a way of recognizing 
and highlighting the role black Americans have played in America since 
the existence of our country and the role they continue to play on a 
daily basis.
  Across our great land, Black History Month is marked by the offering 
of educational and cultural programs, heightened media coverage and 
special celebrations and events, all designed to share with the world 
the strength, ingenuity, and accomplishments of our fellow American 
citizens.
  Mr. Speaker, as we move to recognize Black History Month and this 
year's theme of ``Carter G. Woodson and the Origins of Multiculturalism 
in America,'' let's all recall the experiences and valuable 
contributions of African Americans to our fine country. Let us not 
forget that black history is truly American history.
  And with that, Mr. Speaker, I urge the swift passage of H. Res. 942.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FEENEY. Mr. Speaker, I yield myself such time as I may consume. 
I'm honored to speak today in support of H. Res. 942, recognizing the 
significance of Black History Month, sponsored by my distinguished 
colleague from Texas (Mr. Al Green).
  Just a few weeks ago, we celebrated the life and accomplishments of 
one great man, Rev. Martin Luther King, Jr., and today we pay tribute 
to the contributions all African Americans have made to this great 
country.
  Each February we express our appreciation of the struggles, 
determination, and perseverance of the African American community of 
the past and present. Nothing serves as a better example of this than 
the civil rights movement itself.
  Rev. King would tell you that it was not the sole efforts of one man 
but the collective work of many that achieved so much. Without the 
civil rights movement, our Nation would not have the strong diversity 
of which it is so proud.
  Beyond this, February is also a time to recognize the contributions 
of African Americans that have enriched our culture and our heritage. 
We must continue to learn the historical struggles of African American 
citizens in order to better understand the experiences that have shaped 
this Nation.
  There have been great activists, politicians, artists, writers, 
poets, scientists, economists, athletes, entertainers, and musicians 
that have all bettered our way of life. The achievements of so many 
have encouraged today's youth to strive for a more equal and free 
country.
  It is impossible to celebrate Black History Month without mentioning 
such noted leaders as Frederick Douglass, Harriet Tubman, Rosa Parks, 
Thurgood Marshall, and, once again, Dr. King himself. Their historic 
efforts inspired a Nation and brought past injustices to light, 
bringing forth beginning to an end of racial inequality.
  When Harvard scholar Dr. Carter G. Woodson had the idea to create a 
week-long celebration of black history back in 1926, his goal was to 
``make the world see the Negro as a participant, rather than as a lay 
figure in history.''
  Over time, it has become the month-long commemoration that it is 
today, and it is with great pleasure that I speak today in support of 
H. Res. 942.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HODES. Mr. Speaker, I yield 6 minutes to my distinguished 
colleague from Texas (Mr. Al Green) and, in doing so, commend him for 
his extraordinary leadership in introducing this resolution and his 
service to the United States.
  Mr. AL GREEN of Texas. Mr. Speaker, I thank the gentleman for his 
very kind words and compliment him on the outstanding job that he is 
doing in the United States Congress, and I'm always honored to have the 
opportunity to serve and work with the gentleman.
  I also thank my colleague on the other side of the aisle who has 
graciously helped us with this resolution and helped us bring it to the 
floor.
  This resolution has received bipartisan support. I can say with a 
great degree of sincerity that not one Member that I approached about 
signing on to this resolution had any reservation, hesitation, or 
consternation. Every Member saw this as a worthwhile resolution, and I 
want to thank all of the Members who are now supporting it and who will 
vote for it.
  I also am honored to make this expression of appreciation on behalf 
of the millions of Africans who are in America and who are known as 
African Americans. They cherish this day. This day means something to 
persons in the African American community. So they, too, would express 
appreciation, and I do so as one of their representatives in the United 
States Congress.
  Mr. Speaker, this resolution gives us an opportunity to tell a 
portion of the greatest story never told. One of the great stories in 
world history is the story of Africans in the Americas and, more 
specifically, Africans in America today. This month allows us, and 
through this resolution we are allowed, to talk about some of the great 
accomplishments of African Americans, and Mr. Feeney has been so 
generous with his compliments and the persons that he has named. My 
colleague has been very generous with his compliments as well.

                              {time}  1445

  But I want to name just a few more, because at a time like this, on 
occasions like this, we want to make sure that we say as much as we 
can, understanding that we cannot say enough.
  So on occasions such as this, we'd like to at least mention the 
prolific poetry of Phyllis Wheatley. We want to say that there was the 
scientific genius of Benjamin Banneker, who, by the way, was self-
educated, a self-educated scientist, astronomer and inventor. We'd like 
to mention the legal brilliance of Macon B. Allen, who became the first 
African American admitted to the bar in the United States in 1845.
  We should mention the colossal courage of Harriet Tubman, who, with 
her Underground Railroad, took persons from slavery to freedom. And we 
have to mention that she didn't do it alone. African Americans are not 
free because they were able to extricate themselves from slavery; they 
are free because they had help along the way from persons of good will 
of all ethnicities and races, all genders. People of good will have 
been of service in this fight for freedom for African Americans, and we 
should never have this kind of celebration and not mention the fact 
that we are here because there were many others who made it possible 
for us to have the opportunities we have. Many lived and died, and they 
were not all African Americans.
  On occasions such as this, we mention the political prowess of P.B.S. 
Pinchback, who was the first African American elected Governor to 
become Governor of a State; he became Governor of the State of 
Louisiana in 1872.
  These are some of the notables that we mention. But we should also 
mention that African Americans answered the clarion call to serve the 
Nation in times of war. They were there at the Boston Massacre. You 
will recall that Crispus Attucks was the first person killed, an 
African American. They were there at the Revolutionary War. Five 
thousand slaves and freedmen fought in the Revolutionary War, with the 
Continental Army, with the Navy, and with the militia in the 
Revolutionary War.
  They were there in World War I; 350,000 African Americans were there 
in World War I to serve our country. In

[[Page 1464]]

World War II, 2.5 million registered, and approximately 1 million 
served. And, of course, we can never forget the Tuskegee Airmen. They 
were not only there but they were so outstanding that the President of 
the United States came to these Halls and presented them a 
Congressional Gold Medal.
  America is not a perfect Nation, but it does provide the means by 
which we can strive for perfection. And I am so honored that by passing 
this resolution, we continue to reach for the ultimate perfection in 
the United States of America.
  Mr. HODES. Mr. Speaker, at this time, I am proud to yield 7 minutes 
to my distinguished colleague, Representative Eleanor Holmes Norton, 
who has represented the City of Washington, DC for many years and is 
known universally as a passionate advocate for truth and justice.
  Ms. NORTON. I thank the gentleman from New Hampshire (Mr. Hodes) for 
that generous introduction. And I thank my good friend, Mr. Feeney from 
Florida, for also coming forward and robustly leading this bill forward 
today. We all owe thanks to the gentleman from Texas (Mr. Al Green), 
from whom we've just heard, who is the sponsor of this particular 
resolution.
  Mr. Speaker, I come to the floor to make, perhaps, an unusual point. 
During Black History Month, we should remember that black history is 
still being made. The best evidence, of course, is that an African 
American is close to, perhaps, getting the Democratic nomination for 
President. This breakthrough is not surprising when you consider that 
we are still living in a period for black history-making because the 
shackles of segregation and of nationwide discrimination were removed 
only about 40 years ago. So you will hear many firsts, many record-
breakers continue to come forward for years to come.
  We don't really have to go to the history books in the 19th century, 
and earlier, to find history makers who should be revered this month. 
We are literally still surrounded by living black history on which 
history has spoken. Now, mind you I say ``on which history has 
spoken,'' I mean you don't have the verdict of history until you can 
stand back from it. And, therefore, I want to make a few remarks about 
living history from the Congress of the United States.
  It is probably the case that most Americans do not recognize that the 
first African American elected by popular vote to the United States 
Senate was Senator Edward Brooke, who served from 1967 to 1979. This is 
real living history, my friends. Now a robust 87, Senator Brooke broke 
more records than anybody I know. He became a Senator, '67 to '79, at a 
time when breakthroughs hadn't begun to occur. And he became a Senator 
from an overwhelmingly white State that was also overwhelmingly 
Democratic, and he was a Republican, a life-long Republican. Before 
that, he had become the State's first black attorney general.
  I know Senator Brooke for reasons that are close to home. If you grew 
up in Washington, you will know him because, in studying black history, 
we studied this living history in our midst. He is a native 
Washingtonian. He graduated from Dunbar High School, the same high 
school I attended; served in World War II in the segregated 366th; went 
to Howard University and Howard law school, lived a segregated life his 
whole life. Then when he got out of the Army and got out of law school, 
he went to seek his fortune, not in his hometown, but in Massachusetts, 
where he practiced law and then had the audacity to run for office in a 
State where his party was pitifully outnumbered and in a State where he 
had to risk race when few had done so.
  He tells the fascinating story of his life in his own autobiography 
called ``Bridging the Divide.'' It was published in 2006. And that's 
exactly what Senator Brooke did. He bridged the divide, brought 
Democrats and Republicans together, brought blacks and whites together, 
and became a history maker of the first order and one who served in the 
Congress of the United States.
  I must say that the President has already understood his significance 
in American history because a few years ago, President Bush awarded 
Senator Brooke the highest national honor, the Presidential Medal of 
Honor. And, once more, the Senate has the jump on us. Of course, Edward 
Brooke was a Member of the Senate, but the Senate has unanimously voted 
that Senator Brooke should receive the highest congressional honor, the 
Congressional Gold Medal. These are the highest honors that each branch 
of government can offer.
  I can think of no better way for the Congress to celebrate Black 
History Month, not in talking about black history that was made long 
ago, but looking inside our own ranks and finding a true historic 
figure, one that Democrats can be proud of, that Republicans are surely 
proud of, one who epitomizes exactly what everybody says our country 
needs today to bring us together, and one who served in our own ranks.
  Many in the Congress on both sides of the aisle have already signed 
on to H.R. 1000, which is the bill necessary to award the Congressional 
Medal. That requires two-thirds of the House to sign on. Many have, 
once this was brought to their attention, signed on. We're going to 
send it again, of course, to Members, as we try to do something that I 
think will be history-making this very month, and that is to have the 
Congress of the United States, this month, this Black History Month, 
vote to give the Congressional Gold Medal to one of our own former 
colleagues, a former Member of the Senate, Senator Edward Brooke, the 
first African American to serve by popular vote in that body.
  I thank the gentleman for yielding.
  Mr. FEENEY. I have no further speakers, Mr. Speaker, and I yield 
myself 1 minute.
  Mr. Speaker, there are many reasons to celebrate Black History Month, 
and one is that it would take more than a month for even the best 
student of history to appreciate all of the great things that African 
Americans have contributed to America. I would note that later this 
afternoon the House will be considering House Resolution 943, which is 
the 22nd anniversary of the Challenger disaster. And among the American 
heroes that perished that day was astronaut Ronald McNair, who, in 
fact, was an African American.
  Mr. TERRY. Mr. Speaker, I rise today in support of H. Res. 942, a 
resolution recognizing the significance of Black History Month.
  It is a time to reflect on and honor the important contributions 
African-Americans have made to our Nation. We should especially take 
note of the extraordinary people who continue to help build our great 
Nation.
  Of the thousands of African-Americans in my District, I have the 
privilege of representing two individuals and an outstanding group: 
Marguerita Washington and Rudy Smith, both of Omaha, and the Alfonza W. 
Davis chapter of the Tuskegee Airmen, based in Omaha.
  Dr. Marguerita Washington is the editor of the Omaha Star newspaper 
in Omaha. The paper has been in existence for more than 69 years and is 
Nebraska's largest African-American newspaper. The policy of the Omaha 
Star has been to print only positive news and to be a vigilant champion 
for African-American progress. The paper is located in the heart of 
Omaha's African-American community.
  The Omaha Star was founded by the late Mildred D. Brown in 1938. She 
is believed to be the first female, certainly the first African-
American woman, to have founded a newspaper in the Nation's history. 
When Mrs. Brown expired unexpectedly in 1989, the paper was then placed 
in the very capable hands of Dr. Marguerita Washington, her niece, who 
now heads the newspaper.
  Dr. Washington and the Omaha Star work for equal rights for all; the 
paper was on the forefront, leading the charge to open public 
accommodations to African-Americans, including hotels, restaurants, 
theaters and taverns. The paper was instrumental in working with Omaha 
Public Schools to ensure that black teachers had equal participation. 
Dr. Washington also worked hard to get the Omaha Star landmark status 
in the city of Omaha and the State of Nebraska.
  Rudy Smith has lived in Omaha since age 6 and has been an Omaha World 
Herald photographer and editor for more than 40 years. He is in the 
process of completing a book of his photographs, many of which have 
been exhibited at black colleges, universities and museums around the 
country. As a journalist

[[Page 1465]]

and photographer he has captured images of some of America's greatest 
heroes.
  Rudy was more than just a photographer; he was able to chronicle 
historic moments in Omaha. Every picture he takes is a moment; each 
special moment holds a lifetime of memories that lives on after the 
moment has passed. Each of his photographs is a window to a memory and 
has the ability to deeply connect you to the beauty of life itself. His 
talent is endless.
  Omaha native Alphonza Davis graduated from Omaha Tech High School and 
later Omaha University. He finished first in his class at Tuskegee and 
was chosen squadron leader. He was killed in combat in 1944 while over 
in Germany. The local Tuskegee Airmen chapter in Omaha is named after 
him.
  The chapter is one of 45 nationwide, and its membership includes four 
original Tuskegee Airmen. They are LTC (Ret) Paul Adams, LTC (Ret) 
Charles A. Lane, Jr., LTC (Ret) Harrison A. Tull, and Mr. Robert D. 
Holts. These members continue their service to our community by 
mentoring and working with youth through the local Civil Air Patrol.
  The Tuskegee Airmen and their record of success during the war are 
unmatched. Not a single American bomber protected by the Red Tails was 
ever shot down by enemy aircraft. By war's end, the Tuskegee Airmen had 
flown over 15,000 sorties, completed over 1,500 missions and destroyed 
more than 260 enemy aircraft.
  I join my colleagues in recognizing these and the millions of 
African-Americans in our country for their numerous achievements 
throughout history, today and the future. This designation is only a 
small token of the thanks they deserve for all of their contributions 
to our society. I urge the adoption of H. Res. 942.
  Mr. BACA. Mr. Speaker, I ask for unanimous consent to address the 
House for one minute.
  I rise today to voice my strong support for H. Res. 942. This 
bipartisan resolution recognizes the significance of Black History 
Month.
  I want to thank my friend and colleague, Representative Al Green, for 
introducing this resolution.
  February is Black History Month, a time for all Americans to learn 
about and recognize the heritage and achievements of African Americans.
  African Americans have made historic contributions to this Nation in 
all walks of life--from economics, to education, to politics and the 
arts.
  Sadly, African Americans have been victims of too much 
discrimination, segregation, and hatred in their history in the United 
States.
  That is why it is so fitting we stand here together today, one body 
in unity, to recognize the amazing accomplishments of our Nation's 
African Americans.
  We also stand here to recognize that the ethnic and racial diversity 
within the United States is a wonderful thing, which only serves to 
strengthen our great Nation.
  I urge my colleagues to embrace this diversity, to support Black 
History Month, and to cast a vote in favor of H. Res. 942.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H. Res. 942, Recognizing the Significance of Black History Month, 
introduced by my distinguished colleague from Texas, Representative 
Green. This important legislation recognizes and celebrates the 
accomplishments and contributions of African-Americans in this Nation.
  The celebration of Black History Month began with Negro History Week 
in 1926, the vision of Dr. Carter G. Woodson. Dr. Woodson, a noted 
African-American author and scholar recognized then, as we do today, 
that the achievements and contributions of African-Americans deserve 
not only to be acknowledged, but also to be celebrated by all 
Americans.
  Over the course of 50 years, Negro History gained momentum, 
culminating in its transcendence to Black History Month. Now each 
February we express our appreciation of the struggles, determination 
and perseverance of the African-American community of the past and 
present. February is a month to recognize the contributions of African-
Americans who have enriched our culture and our heritage.
  There have been great African-American activists, scientists, 
artists, poets, athletes, politicians, writers, economists, musicians, 
engineers, and entertainers who have all bettered our way of life. From 
Harriet Tubman to Barbara Jordan, Althea Gibson to Venus Williams, 
Marian Anderson to Ella Fitzgerald, Frederick Douglass to Martin Luther 
King, Jr., so many African-Americans have enriched this Nation that 
there are far too many to name them all.
  Unfortunately, the struggle for African-Americans to gain recognition 
and celebration in this Nation continues beyond Black History Month. 
While we can be proud of the many achievements of our past, events such 
as Hurricane Katrina and Jena 6, demonstrate that we still have much to 
achieve in the way of equal rights and justice for all.
  One of the great challenges facing the African-American community is 
the disproportionate rate at which our people are incarcerated.
  According to the Department of Justice more than 2.3 million people 
are incarcerated in this Nation's State and Federal prisons. As of 
December 2006, African-Americans made up 40.2 percent of Federal prison 
inmates, most of those being African-American men.
  When you compare these statistics with the fact that African-
Americans only make up approximately 12 percent of the total 
population, the disparity becomes more apparent. The human toll--the 
wasted lives, shattered families, and disturbed youth--are 
incalculable, as are the adverse social, economic and political 
consequences of weakened communities, diminished opportunities for 
economic mobility, and widespread disenfranchisement.
  In Jena, Louisiana, two African-American high school students sat 
under what some White students called the ``white'' tree on their 
campus. The White students responded by hanging nooses from the tree. 
When African-American students protested the light punishment for the 
students who hung the nooses, the District Attorney came to the school 
and told the students he could ``take their lives away with a stroke of 
his pen.'' Racial tensions continued to mount in Jena, and the District 
Attorney did nothing in response to several egregious cases of violence 
and threats against African-American students.
  But when a White student--who had been a vocal supporter of the 
students who hung the nooses--taunted African-American students, 
allegedly called several African-American students ``nigger'', and was 
beaten up by African-American students, the punishment was drastically 
different. Six African-American students were charged with second-
degree attempted murder. Mychal Bell was one of the students tried and 
convicted. He faced up to 22 years in prison for essentially a school 
fight.
  The African-American community came to the aid of these young men, as 
they have done in years past for other young men. While we take this 
month to celebrate the past and present African-American achievements 
and contributions, we must face the future with an understanding that 
there is more to be done and more to be achieved.
  As a member of the Congressional Black Caucus, a Representative of 
the people of the United States, and an African-American woman, I am 
proud to cosponsor this legislation and I urge my colleagues to join me 
in supporting this legislation.
  Mr. HASTINGS of Florida. Mr. Speaker, I rise today to express my full 
support for H. Res. 942, a resolution that recognizes Black History 
Month as a time to acknowledge the many contributions that African 
Americans have made in our Nation's history and as a time for all 
Americans to fully understand the events and struggles that shaped our 
great Nation.
  When Aristotle said, ``If you would understand anything, observe its 
beginning and its development,'' he suggested that we cannot fully know 
what something is if we do not know its past. This certainly holds true 
for our country. Knowing our Nation's history does more than tell us 
who we were; it tells us who we are. And if we look honestly at our 
past successes and mistakes, it tells us what we can become.
  Unfortunately, the long practice of omitting, abbreviating, and 
misrepresenting African Americans in American history has resulted in 
an incomplete and skewed story of our country's history. Fortunately, 
the social change of the civil rights movement inspired a change in the 
way that America told and understood its history. It became clear that 
American history--like America's schools and lunch counters--needed to 
be integrated.
  Over the years, Black History Month has become a chance to realize 
our rich diversity by studying the artistic, scientific, and political 
contributions that African Americans have made to the United States and 
the rest of the world. Realize Black history is American history, and 
February should not be the only time that we acknowledge the 
contributions of African American men, women, and children in U.S. 
history. African Americans have played a key role in just about every 
single moment in American history, and it is high time that our history 
books reflect that.
  Driven by my commitment to the human and civil rights of all, I have 
worked hard to ensure that all people--regardless of their nationality, 
sexual orientation, gender, or race--have access to their most basic 
rights. My experiences in and before I came to this body have taught me 
that all people have influenced our country's greatness. It is 
critically important

[[Page 1466]]

that these contributions are acknowledged and retold.
  Mr. Speaker, as we observe and celebrate the contributions of African 
Americans in America we must not forget that we are making history as 
we speak. We are living in an historical era in which extraordinary 
people from all walks of life are seeking opportunities that were 
previously not available to them. Outstanding Americans such as 
Barrington Irving, the youngest and first person of African descent to 
fly around the world, teach us that we can achieve great things in this 
land of opportunity as long as we have the will and drive. As we all 
know, for the first time in history, the two contending candidates for 
the Democratic nominee for President are a black man and a woman.
  As we reflect on the numerous contributions and experiences of 
African Americans in this country, we must be cognizant of how we as a 
modern multi-ethnic and multicultural nation deal with the issues of 
our time. How we do this will determine how future generations will 
view us in the history books. I urge my colleagues to vote ``yes'' on 
this important resolution.
  Mr. RODRIGUEZ. Mr. Speaker, today I stand before you offering my 
generous support for the commemoration of H. Res. 942, recognizing the 
significance of Black History Month. This is a month to honor the 
tremendous strides and achievements made by numerous African-American 
leaders and activists, and to signify our continued celebration of 
diversity in the United States. I urge all Americans to use this month 
as an opportunity to recognize the accomplishments made by past 
African-American leaders while continuing to work for the advancement 
of racial equality.
  The enormous contributions made by Dr. Martin Luther King, Jr., 
Frederick Douglass, W.E.B. Dubois and other notable leaders in the 
African-American community have championed improved race relations and 
equality. We must also highlight the achievements made by a host of 
prominent African-Americans in other fields such as the arts, 
athletics, politics, and academia.
  This year's theme, ``Carter G. Woodson and the Origins of 
Multiculturalism,'' honors the founder of Black History Month and 
applauds his commitment to the preservation of African-American 
history. Woodson was instrumental in popularizing the role the African-
American community has played in enriching the history of the United 
States. His mission and legacy is one our country must uphold while 
continuing to inspire future generations to embrace diversity and 
equality.
  Again, I would like to express my support for the significance of 
February 2008 as Black History Month. Let the following month serve as 
a reminder of our indebtedness to those leaders possessing the courage 
to combat injustice. They have completed the ultimate service not only 
for the African-American community in the United States but for all 
citizens.
  Mr. LARSON of Connecticut. Mr. Speaker, I rise today in honor of this 
most important month of February, deemed as Black History Month. Let us 
join with the rest of the Nation in highlighting the significant 
contributions that African Americans have made to our great Nation, 
while celebrating this year's theme of ``Carter G. Woodson and the 
Origin of Multiculturalism.''
  Throughout this noteworthy month, we all should take a moment to 
reflect on the fact that February was designated to make a national 
appeal to Americans to make note of the tremendous role that African 
Americans have played in the development and advancement of our 
country's rich history. February embraces the birthdays of two 
distinguished Americans--Frederick Douglas and Abraham Lincoln--whose 
contributions to our society are immeasurable. Let us remember that not 
only are we honoring Black history; we are celebrating all of our 
history, American history.
  This month we should remember the legacy of the illustrious Harlem 
Renaissance and the contributions this period had in shaping America's 
cultural heritage. African American writers Langston Hughes, Richard 
Wright, Ralph Ellison, James Baldwin, and Toni Morrison have now become 
major voices in American Literature. Military achievements, not only by 
the Tuskegee Airmen, the 54th Regiment from Massachusetts, and the 29th 
Regiment from Connecticut, but by other courageous Black soldiers, have 
helped to create the gallant Armed Forces of this country. In this 
month, let us all work together to ensure a positive future for the 
40.2 million African Americans who contribute to this Nation on a daily 
basis.
  In my home State of Connecticut, we make note of Hartford's Black 
governors who oversaw the region from 1755 to 1800; fearless 
Connecticut abolitionists James Mars and J.W.C. Pennington who 
petitioned Connecticut's legislature regarding voting and social rights 
for blacks in the 1840s and 50s; and of course the survivors of the 
Amistad slave ship, who spent days seated in a Hartford courtroom 
awaiting their fate by a U.S. circuit court judge. Through relics such 
as the Old State House, Mark Twain House, Harriet Beecher Stowe House, 
the Connecticut freedom trails, and the Amistad Center for Arts and 
Culture, we are paying homage to the extraordinary African Americans 
who have resided in our State.
  Mr. Speaker, this year during Black History Month, I urge my 
colleagues and this Nation to remember all of the African Americans who 
have helped to weave the historical tapestry of America. I urge us all 
to realize the service, dedication and courage that have emerged 
throughout the decades. This year, let us truly celebrate Black History 
as a part of us all. Like our motto says, E Pluribus Unum, Out of many 
we are one. We are a great Nation formed by the contribution of many, 
and this month we celebrate one of those outstanding groups.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise today in 
strong support of Congressman Al Green's resolution to honor Black 
History Month.
  As the brainchild of Carter G. Woodson, the celebration of the many 
contributions of African Americans to this Nation has evolved from its 
1926 inception as Negro History Week, to what we now know as Black 
History Month. As apparent by the change in titles, the mentality of 
our nation towards race and race relations has made significant 
improvements with each generation.
  Although African Americans were an integral part of the founding of 
this nation dating hack to at least to the colonial times, it was not 
until the 20th century that they gained a respectable presence in the 
history books. Prior to Woodson's vehement efforts to write African 
Americans into the history of the Nation, books largely ignored the 
African American population except to mention them in the context of 
slavery. That is why it is so important that the full history of 
African Americans continue to he preserved and taught so that future 
generations of all Americans will know our abundant heritage.
  An ancient proverb states, ``Who has no past, has no future.'' 
African Americans have made significant contributions to this nation's 
history, and we continue to build that rich legacy today. Because of 
the continued efforts of those who educate our schoolchildren, future 
generations will know about how a race of oppressed people overcame the 
social and political obstacles of slavery and Jim Crow to become great 
innovators, scientists, novelists. musicians, philosophers, and 
political leaders.
  The inclusion of African Americans in academic curriculums ensures 
that children can continue to be inspired by Thurgood Marshall, Malcolm 
X, Mac Jamison, Benjamin Carson, Richard Wright, and Shirley Chisholm.
  Black History Month has not only set a precedent by honoring the 
achievements of African Americans, but it has paved the way for other 
nationwide celebrations of the contributions of other races and 
cultures. Therefore, by supporting Congressman Al Green's Resolution to 
honor Black History Month. I also support the American idea of 
diversity and multiculturalism.
  I commend Congressman Green for bringing this important resolution to 
the floor, and I strongly urge my colleagues' support.
  Ms. LEE. Mr. Speaker, I rise in strong support of H. Res. 942.
  As an original co-sponsor of this resolution, I am proud to join my 
colleagues in recognizing the month of February as Black History Month. 
I would like to thank my friend and colleague from Texas, Congressman 
Al Green for introducing this very important resolution.
  As we recognize Black History Month, I would also like to note, that 
we feel the loss of our dear friends and CBC colleagues who passed away 
over the last year: Congresswomen Julia Carson, Juanita Millender 
McDonald and founding CBC member former Congressman `Gus' Hawkins. They 
always joined in on the celebrations. We truly miss them, but their 
accomplishments live on as a part of Black History and beyond.
  As First Vice-Chair of the Congressional Black Caucus. I want to take 
a moment to commemorate Black History Month by advocating for a greater 
commitment to the domestic and global HIV/AIDS pandemic.
  Under funding for the Minority AIDS Initiative and with our domestic 
HIV/AIDS programs flat-lining, data shows communities of color are 
increasingly bearing the brunt of the disease. Over 188,000 African-
Americans were living with AIDS at the end of 2005, representing 44 
percent of all cases in the United States, according to the Centers for 
Disease Control and Prevention.
  In order to raise awareness. I introduced H. Con. Res. 280 to 
recognize and support the goals and ideals of National Black HIV/AIDS

[[Page 1467]]

Awareness Day and encourages state and local governments, public health 
agencies and the media to emphasize and publicize the importance of 
this day among the African American community, and all communities. 
Celebrated each year on February 7th, National Black HIV/AIDS Awareness 
Day encourages African Americans and all Americans to ``Get Educated, 
Get Involved, and Get Tested.''
  Though we recognize Black History Month this month, it is our duty to 
pursue policies of social justice that are fair, sustainable, and that 
help the most disadvantaged in our society. As an African American 
woman and legislator in this era of tremendous change, I am doubly 
aware of the obligations that we have as a community and as a country, 
and Black History Month and the celebration of African American 
involvement.
  Mr. Speaker, let me say that during this Black History Month, I will 
continue to work with the CBC and Congress to identify bipartisan 
solutions to eradicate HIV/AIDS in our nation and abroad.
  I urge my colleagues to support this resolution.
  Mr. SCHIFF. Mr. Speaker, I rise today to celebrate Black History 
Month. The theme of this year's Black History Month is ``Carter G. 
Woodson and the Origins of Multiculturalism.'' Dr. Carter Godwin 
Woodson was a brilliant African-American historian, educator, author, 
and publisher. Born in 1875 to former slaves, Dr. Woodson grew up 
working on railroads and mines in Virginia. At the age of 20, he had 
finally earned enough money to afford to attend high school. He went on 
to college, and became a teacher in the U.S. and Philippines. In 1912 
he graduated from Harvard, and after W.E.B. Du Bois, became the second 
African-American to receive a Ph.D.
  Dr. Woodson advocated for education reform to empower African-
Americans to unite around shared history. He wrote, ``Those who have no 
record of what their forebears have accomplished lose the inspiration 
which comes from the teaching of biography and history.'' Thanks to Dr. 
Woodson, we have a record of the accomplishments of our African-
American forebears, and we are continually inspired by our knowledge of 
their biographies and history.
  This month, we call to our memories the triumphs of Dr. Woodson 
himself, as the ``Father of Black History.'' His efforts to research, 
teach, and celebrate African-American history gave us our current 
celebration of Black History Month. In 1926, he established Negro 
History Week, held during the second week of February to honor the 
birthdays of Frederick Douglass and Abraham Lincoln. In 1976, this 
annual celebration expanded and became Black History Month.
  Celebrating Dr. Woodson's accomplishments inspires us to examine our 
present work toward racial justice and equal opportunity. Today, 
African-Americans serve our country in myriad ways. For example, 2.4 
million military veterans are black. The U.S. has about 1.2 million 
black-owned firms, generating around $88 billion annually. Paving the 
way for our future, 2.3 million college students are African-American, 
an increase of over 1 million students over the last 15 years.
  Congress must continue to work to improve the lives of all Americans. 
Last year, it took the important step of raising the federal minimum 
wage to $5.85/hour, which will increase this year to $6.55/hour and in 
2009 to $7.25/hour. Congress also strengthened the middle class by 
making college educations more affordable, such as by investing $510 
million over five years in minority-serving institutions, including 
Historically Black Colleges. The House introduced legislation to 
provide $410 billion in the federal marketplace to small businesses. By 
passing the Energy Security Bill, Congress lowered energy costs for 
consumers, reduced global warming, and created hundreds of thousands of 
new jobs. The Economic Stimulus Package, recently passed by the House, 
will put money back into the hands of 117 million American families to 
reinvigorate the economy. We have made great strides, but we must 
continue our commitment to serving the American people.
  Writing almost 100 years ago, Dr. Woodson possessed the insight to 
understand the immense benefits of nationally celebrating black 
history. The path he forged paved the way for our great African-
American leaders, including Dr. Martin Luther King, Jr., Rosa Parks, 
and Thurgood Marshall. As we celebrate all African-Americans this 
month, let us specially recognize Dr. Woodson. May his memory inspire 
us to continue our work to achieve racial justice and to ensure 
equality of opportunity for all Americans.
  Mr. FEENEY. I yield back the balance of my time.
  Mr. HODES. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Hampshire (Mr. Hodes) that the House suspend the 
rules and agree to the resolution, H. Res. 942.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HODES. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




                  DESIGNATING ``RACE DAY IN AMERICA''

  Mr. HODES. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 931) expressing support for designation of February 
17, 2008, as ``Race Day in America'' and highlighting the 50th running 
of the Daytona 500.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 931

       Whereas the Daytona 500 is the most prestigious stock car 
     race in the United States;
       Whereas the Daytona 500 annually kicks off the National 
     Association for Stock Car Auto Racing (``NASCAR'') Sprint Cup 
     Series, NASCAR's top racing series;
       Whereas millions of racing fans have spent the third Sunday 
     of each February since 1959 watching, listening to, or 
     attending the Daytona 500;
       Whereas the purse for the Daytona 500 is typically the 
     largest in motor sports;
       Whereas winning the prestigious Harley J. Earl Trophy is 
     stock car racing's greatest prize and privilege;
       Whereas nearly 1,000,000 men and women in the Armed Forces 
     in nearly 180 countries worldwide listen to the race on the 
     radio via the American Forces Network;
       Whereas Daytona International Speedway is the home of ``The 
     Great American Race'', the Daytona 500;
       Whereas fans from all 50 States and many foreign nations 
     converge at the ``World Center of Racing'' each year to see 
     the motor sports spectacle;
       Whereas Daytona International Speedway becomes one of the 
     largest cities in the State of Florida by population on race 
     day, with more than 200,000 fans in attendance;
       Whereas well-known politicians, celebrities, and athletes 
     take part in the festivities surrounding the Daytona 500; and
       Whereas February 17, 2008, would be an appropriate day to 
     designate as ``Race Day in America'' because the Daytona 500 
     celebrates its historic 50th running on this day: Now, 
     therefore, be it
       Resolved, That the United States House of Representatives--
       (1) recognizes the 50th running of the Daytona 500, ``The 
     Great American Race''; and
       (2) supports designation of a ``Race Day in America'' in 
     honor of the Daytona 500.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Hampshire (Mr. Hodes) and the gentleman from Florida (Mr. Feeney) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Hampshire.


                             General Leave

  Mr. HODES. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Hampshire?
  There was no objection.
  Mr. HODES. Mr. Speaker, I yield to myself so much time as I may 
consume.
  Mr. Speaker, as a member of the House Committee on Oversight and 
Government Reform, I am pleased to join my colleagues in the 
consideration of House Resolution 931, which expresses our support for 
naming a ``race day'' in America and recognizes the 50th running of the 
Daytona 500, which will occur on the 17th at the Daytona International 
Speedway in Daytona, Florida.
  House Resolution 931 was introduced by my distinguished colleague, 
Representative Tom Feeney of Florida, on January 17, 2008, and was 
considered by and reported from the House Oversight Committee on 
January 29, 2008, by voice vote.
  The measure, which has the support and cosponsorship of 68 Members of 
Congress, couldn't have been considered at a more fitting time as fans

[[Page 1468]]

across this great country prepare for what is being called the most 
anticipated event in automobile racing history, the 50th running of the 
Daytona 500 on Saturday, February 17, 2008.
  With a history dating back to February 22, 1959, the Daytona 500 at 
the Daytona International Speedway is a 500-mile motor sport 
international sweepstakes that draws the attention of millions of 
American racing fans and racing fans around the world every February.
  Often referred to as ``The Great American Race,'' the Daytona 500 is 
NASCAR's biggest, richest and most prestigious race and has been won by 
stock car racing greats such as Dale Earnhardt and Jeff Gordon.
  Mr. Speaker, given the monumental occasion of the 50th running of the 
Daytona 500, I think it is only appropriate that we express our support 
of NASCAR and ``The Great American Race'' by passing this measure.
  I urge passage of this bill.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1500

  Mr. FEENEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today to urge support for this resolution 
designating February 17, 2008, as ``Race Day in America.''
  Next Sunday over 200,000 people from all 50 States and around the 
world will convene at Daytona International Speedway in Daytona Beach, 
Florida, for the 50th running of ``The Great American Race,'' the 
Daytona 500.
  The most prestigious stock car race in the United States, the Daytona 
500 is a 200-lap, 500-mile grand opening to the NASCAR Sprint Cup 
Series. Boasting the largest purse and stock car racing's most coveted 
trophy, the Harley J. Earl Trophy, the Daytona 500 has become the 
``Super Bowl of Stock Car Racing.''
  Each year millions of fans, both at home as well as those serving 
overseas, tune in to the race by television and radio. Since 1995, the 
television ratings for the Daytona 500 have been higher than any auto 
race, and in 2006 the race drew the sixth largest television audience 
of any sporting event that year.
  For 50 years, the popularity of Daytona, and car racing in general, 
has grown throughout American society. I believe it is fitting that we 
celebrate this rising American tradition by passing this resolution in 
honor of the golden anniversary of its most prestigious event. I invite 
anybody who's free this Sunday to come to Daytona Beach and enjoy this 
great tradition with us.
  Mr. Speaker, I have no further speakers, and I reserve the balance of 
my time.
  Mr. HODES. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Hampshire (Mr. Hodes) that the House suspend the 
rules and agree to the resolution, H. Res. 931.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




REMEMBERING THE SPACE SHUTTLE ``CHALLENGER'' DISASTER AND HONORING ITS 
                              CREW MEMBERS

  Mr. MELANCON. Mr. Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 943) remembering the space shuttle Challenger 
disaster and honoring its crew members, who lost their lives on January 
28, 1986.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 943

       Whereas January 28, 2008, marks the 22-year anniversary of 
     the tragic accident of the space shuttle Challenger, Mission 
     51-L, and the loss of seven of America's bravest and most 
     dedicated citizens;
       Whereas the space shuttle Challenger disaster occurred off 
     the coast of central Florida, at 11:39 a.m. on January 28, 
     1986;
       Whereas the space shuttle Challenger disintegrated 73 
     seconds into its flight after an O-ring seal in its right 
     solid rocket booster failed at lift-off;
       Whereas the seven-person crew on the shuttle included 
     Commander Francis R. Scobee, Pilot Michael J. Smith, Mission 
     Specialist Judith A. Resnik, Mission Specialist Ellison S. 
     Onizuka, Mission Specialist Ronald E. McNair, Payload 
     Specialist Gregory B. Jarvis, and Payload Specialist Sharon 
     Christa McAuliffe;
       Whereas Christa McAuliffe, a schoolteacher from Concord, 
     New Hampshire, was on board as the first member in the 
     Teacher in Space Project;
       Whereas the National Aeronautics and Space Administration 
     (NASA) selected Christa McAuliffe from a field of 11,000 
     applicants to be a part of the Challenger crew and teach 
     lessons to schoolchildren from space;
       Whereas the Committee on Science and Technology of the 
     House of Representatives conducted oversight hearings on the 
     Challenger disaster and released a report on October 29, 
     1986, on the causes of the accident; and
       Whereas the House of Representatives continues to support 
     NASA and its ongoing efforts to explore and educate the 
     American public about space: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) honors the 22nd anniversary of the space shuttle 
     Challenger disaster;
       (2) celebrates the courage and bravery of the crew of the 
     Challenger, and Christa McAuliffe and her passion for 
     encouraging America's children to pursue careers in science 
     and mathematics;
       (3) commits itself and the Nation to using the lessons 
     learned in inquiries into the space shuttle Challenger 
     accident to ensure that the space agency always operates on a 
     strong and stable foundation; and
       (4) recognizes the continued dedication of the United 
     States to the goal of space exploration for the benefit of 
     all mankind.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Louisiana (Mr. Melancon) and the gentleman from Florida (Mr. Feeney) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Louisiana.


                             General Leave

  Mr. MELANCON. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and to 
include extraneous material on House Resolution 943, the resolution now 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.
  Mr. MELANCON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am honored to support House Resolution 943, a 
resolution honoring the astronauts of the space shuttle Challenger and 
honoring its crew members, who lost their lives on January 28, 1986. 
And I congratulate Mr. Hodes for preparing this resolution.
  The tragic loss of the Challenger and her crew of seven serves as a 
continuing reminder that space flight is anything but routine. As we 
continue to explore outer space, we here on the ground must do our part 
to ensure that we have learned the lessons of the Challenger accident 
and work tirelessly to make space travel as safe as possible for future 
generations of explorers.
  In addition, I believe we can best honor the sacrifices of the crew 
of the Challenger made by our commitment to renewing America's space 
program, continuing the Nation's journey into space, a goal to which 
they dedicated their lives.
  Mr. Speaker, it is appropriate that we pause today to honor the 
memory of the Challenger crew, and I urge all my colleagues to support 
this resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FEENEY. Mr. Speaker, I yield myself such time as I may consume.
  I want to thank my colleague Mr. Melancon for shepherding this 
memorial to the floor today. With this resolution, the House of 
Representatives joins with all Americans to solemnly remember the loss 
of the space shuttle Challenger 22 years ago on January 28, 1986.
  Many Americans remember where they were on that cold January morning 
when the shuttle Challenger leapt from its launch pad. After receiving 
the call ``Challenger go at throttle up,'' Challenger disintegrated in 
clear blue skies just 73 seconds into its flight.
  We were stunned. One moment Challenger was flawlessly flying on a 
beautiful winter morning. Then, without warning, it was gone.

[[Page 1469]]

  America turned to mourn its seven astronauts who gave the ultimate 
sacrifice for the advancement of exploration and discovery: Michael 
Smith; Dick Scobee; Judith Resnik; Ronald McNair; Ellison Onizuka; 
Gregory Jarvis; and Christa McAuliffe, a schoolteacher from Concord, 
New Hampshire, selected to be the first member of the teaching 
profession in a space project.
  That evening, President Reagan spoke from the Oval Office to comfort 
a grieving Nation. Millions of children had watched the launch because 
Christa McAuliffe was to later teach science lessons from space. 
Instead, we were reminded of a deeper lesson. Reagan said:
  ``I want to say something to the schoolchildren of America who were 
watching the live coverage of the shuttle's takeoff. I know it is hard 
to understand, but sometimes painful things like this happen. It's all 
part of the process of exploration and discovery. It's all part of 
taking a chance and expanding man's horizons. The future doesn't belong 
to the fainthearted; it belongs to the brave. The Challenger crew was 
pulling us into the future, and we'll continue to follow them.''
  Reagan concluded his address by saying this:
  ``The crew of the space shuttle Challenger honored us by the manner 
in which they lived their lives. We will never forget them nor the last 
time we saw them, this morning, as they prepared for their journey and 
waved good-bye and slipped the surly bonds of Earth to ``touch the face 
of God.' ''
  Twenty-two years have passed. America has kept its word. We haven't 
forgotten the Challenger crew. Human space flight is mankind's most 
difficult endeavor. America has achieved so many successes, space 
flight seems routine; yet every generation unexpectedly bears witness 
to space flight's inherent dangers.
  Before the Challenger disaster, the Apollo I crew was lost on Pad 34 
on January 27, 1967, in an accident known simply as ``The Fire.'' After 
Challenger, we waited on February 1, 2003, at the Kennedy Space 
Center's landing strip for the voyagers of Columbia who never returned 
home. January and February are NASA's cruelest months.
  On each occasion the people of NASA grieved terribly, but they 
learned from adversity, and then they rededicated themselves to their 
mission. America landed on the Moon after The Fire. After Challenger, 
the shuttle flew again to pursue scientific discovery and begin 
constructing the international space station. After Columbia, we 
returned to flight, and we will complete and use the international 
space station. Then we will turn our dreams to exploring beyond Earth's 
orbit by establishing outposts on the Moon and then going further 
beyond.
  Exploration, journey, and bravery define the American people. Each of 
us comes from a heritage where someone with great courage took a 
passage to a new beginning, many times with disastrous endings. But the 
living stubbornly persevered, pushed back vast frontiers, and built a 
great and glorious Nation. Adversity, including the loss of the 
Challenger crew, can never extinguish this American spirit.
  Mr. Speaker, I am proud to support this resolution honoring the brave 
and dedicated crew of Challenger. I urge my colleagues to support House 
Resolution 943.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MELANCON. Mr. Speaker, I would like to yield 5 minutes to the 
gentleman from New Hampshire (Mr. Hodes).
  Mr. HODES. I thank the gentleman for yielding.
  Mr. Speaker, I rise today in strong support of House Resolution 943.
  January 28, 2008, marked the 22nd anniversary of the Challenger space 
shuttle disaster. On January 28, 1986, at 11:38 eastern standard time, 
the Challenger took off from the Kennedy Space Center and disintegrated 
just 73 seconds into its flight, killing all seven members of its brave 
crew. The accident occurred on what would have been the Challenger's 
10th trip into space.
  I introduced House Resolution 943 to honor the courage and bravery of 
all seven crew members who died as a result of this tragic accident. 
The crew of the Challenger embodied the goals of the United States 
space program and our highest ideals: a commitment to knowledge of our 
universe and inspiring a new generation of scientific pioneers.
  The tragic accident that day was especially poignant for those of us 
in New Hampshire. New Hampshire is a small State, and we pride 
ourselves on our sense of community. And one of those crew members was 
Christa McAuliffe of Concord, New Hampshire, my hometown. She was a 
friend. She was someone who was woven deeply into the fabric of our 
community. She touched the lives of countless students. She was a mom. 
She was somebody who was loved and admired. And she was on board the 
Challenger as the first participant of the Teacher in Space program, 
the pride of New Hampshire and of Concord and of the Nation, for the 
first teacher in space was enormous and seemed to magnify the tragedy 
of the accident.
  Christa dedicated her life to education. She taught at Rundlett 
Junior High School, Bow Memorial Middle School, and Concord High School 
between 1978 and 1985. On July 19, 1985, she was selected from a field 
of roughly 11,000 applicants as the primary candidate for the Teacher 
in Space Project. Her mission as a crew member was to teach 
schoolchildren lessons from space and to encourage students to pursue 
careers in science and mathematics.
  Twenty-two years after the Challenger disaster, Christa McAuliffe's 
goal of promoting scholarship in the sciences is more important than 
ever as our Nation works to stay at the forefront of global innovation.
  I urge my colleagues to join me in recognizing the anniversary of the 
Challenger disaster and to support House Resolution 943.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H. Res. 943, ``Remembering the space shuttle Challenger disaster and 
honoring its crew members, who lost their lives on January 28, 1986,'' 
introduced by my distinguished colleague from New Hampshire, 
Representative Paul W. Hodes. This important legislation will honor the 
lives, the work, and the memory of the seven men and women who lost 
their lives on the 1986 Space Shuttle Challenger mission. I would like 
to thank Representative Hodes for introducing this bill, of which I am 
proud to be an original cosponsor, as well as Chairman Gordon for his 
leadership in bringing this important and timely bill to the floor 
today.
  On January 28, 1986, Ellison S. Onizuka, Sharon Christa McAuliffe, 
Greg Jarvis, Judy Resnik, Michael J. Smith, Dick Scobee, and Ron McNair 
commenced on a risky journey, which only a select few have had the 
opportunity to travel. Twenty-two years ago, these extraordinary men 
and women embarked on what they knew would be a perilous flight, in 
pursuit of knowledge and driven by the spirit of scientific discovery. 
As we stand here today, on the floor of the House of Representatives, 
and commemorate the 22nd anniversary of the Challenger tragedy, I 
believe we should take a moment to recall the purpose to which the crew 
was dedicated. Astronauts Onizuka, McAuliffe, Jarvis, Resnik, Smith, 
Scobee, and McNair represent the best in all of us, and it is in their 
memory that we should devote ourselves to continuing what they began.
  Mr. Speaker, as we mourn the tragic loss of these extraordinary men 
and women, I would also like to praise those individuals who continue 
to accept the challenges posed by the exploration of space and the 
dedication of all connected with the manned space program. However, 
while space exploration continues to be a part of our national destiny, 
it is vital that safety is made our first priority, in order to protect 
future astronauts and ensure the tragedy of 22 years ago never happens 
again.
  From the beginning, our Nation has recognized the importance of the 
exploration of space and has always taken a leading role in its 
development and exploration. The expansion of our horizons has been 
essential for reasons beyond the technological advances it may provide. 
Moreover, it represents mankind's capability to turn distant dreams 
into a practical reality.
  However, safety must remain our first priority. In June of last year, 
we watched as the Space Shuttle Atlantis and the International Space 
Station both experienced serious safety scares. The shuttle's mission 
had to be extended following the discovery of a rip in the shuttle's 
thermal blanket. The space station

[[Page 1470]]

experienced the failure of a Russian-operated computer system 
controlling a crucial portion of the station's navigational system. 
These recent incidents clearly indicate the need for improved safety 
standards and oversight. Space exploration must be coupled with 
satisfactory safety assurances.
  Because of my ongoing commitment to the safe exploration of space, I 
was proud to introduce an amendment to H.R. 3093, the Departments of 
Commerce and Justice and Science, and Related Agencies Appropriations 
for FY 2008, reaffirming our strong commitment to ensuring adequate 
safety standards for the International Space Station. My amendment 
emphasizes the importance of safety standards by ensuring that none of 
the funds made available in this Act may be used to limit the safety 
provisions enumerated in the recent NASA Authorization Act. If the 
recently delivered recommendations of the congressionally mandated 
International Space Station Independent Safety Task Force are to be 
successful in identifying and mitigating future risks to the 
International Space Station, Congress, together with the 
administration, must firmly reaffirm its commitment to pursuing safety 
as a top priority. My amendment was overwhelmingly approved, by a vote 
of 422 to 3, and accepted into the bill.
  At a time where our televisions, newspapers, radios and other forms 
of media are dominated with discussions of presidential nominations, 
housing foreclosures, economic stimulus packages, Middle Eastern 
conflicts and the war in Iraq, it would be all too easy to disregard 
our commitment to the enterprise of space exploration and its value to 
the United States and abroad. Let us look to the sky to honor the 
memory of these fallen heroes who gave their lives for the cause of 
pushing the limit of human exploration for the enrichment of all of 
mankind.
  Mr. Speaker, words cannot conveyor adequately repay the debt that is 
owed. We cannot sufficiently articulate the feelings of sorrow that are 
universally felt; however, we can pay those seven souls no greater 
tribute than to carry on the work they believed in and paid the 
ultimate sacrifice for. The contributions to space exploration and 
service these great astronauts provided are priceless and will never go 
unrecognized.
  I strongly urge my colleagues to join me in supporting this important 
legislation, and in so doing, giving the men and women of our space 
program the respect and recognition they deserve.
  Ms. HIRONO. Mr. Speaker, I rise in support of H. Res. 943, a 
resolution that remembers the space shuttle Challenger disaster and 
honors its crew members on the 22nd anniversary of their tragic flight.
  On January 28, 1986, the space shuttle disintegrated shortly after 
takeoff, killing seven crew members. One of those astronauts, Ellison 
Onizuka, was born and raised in my State of Hawaii and served as 
Hawaii's first astronaut.
  Mr. Onizuka was very enthusiastic about our space program and never 
hesitated to share his knowledge and experience with the people of 
Hawaii. He recognized the importance of education and encouraged 
students to pursue an interest in space and science-related fields. 
Four major space programs and centers in Hawaii carry on the legacy of 
this inspiring explorer: the Astronaut Ellison S. Onizuka Space Center, 
Astronaut Ellison Onizuka Science Day, the Hawaii Space Grant 
Consortium, and Challenger Center Hawaii.
  I urge my colleagues to support H. Res. 943, which honors Mr. 
Onizuka's contributions and celebrates the courage and bravery of the 
Challenger crew.
  Mr. FEENEY. Mr. Speaker, I yield back the balance of my time.
  Mr. MELANCON. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Louisiana (Mr. Melancon) that the House suspend the 
rules and agree to the resolution, H. Res. 943.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. MELANCON. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




                              {time}  1515
    CELEBRATING THE 50TH ANNIVERSARY OF THE ``EXPLORER I'' SATELLITE

  Mr. MELANCON. Mr. Speaker, I move to suspend the rules and agree to 
the concurrent resolution (H. Con. Res. 287) celebrating the 50th 
anniversary of the United States Explorer I satellite, the world's 
first scientific spacecraft, and the birth of the United States space 
exploration program.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 287

       Whereas January 31, 2008, is the 50th anniversary of the 
     launch of Explorer I, the first United States satellite to be 
     successfully lofted into space and the world's first 
     scientific satellite;
       Whereas the launch of Explorer I marks the birth of the era 
     of United States space exploration, a half-century of 
     advances in both robotic and human exploration of space, 
     including the first footsteps by humanity on another world;
       Whereas, since the launch of Explorer I, the United States 
     has launched spacecraft--
       (1) to explore each of the solar system's planets and the 
     Earth's Moon;
       (2) to observe the Earth and the interactions of its 
     atmospheric, oceanic, and land systems;
       (3) to conduct studies of the Sun and its interactions with 
     Earth;
       (4) to investigate asteroids and comets;
       (5) to peer deeper into space to understand the origin of 
     the universe and the formation of the stars, galaxies, and 
     planets; and
       (6) to extend human presence into space;
       Whereas Explorer I and the impetus for scientific 
     satellites occurred as part of the International Geophysical 
     Year, a major scientific initiative of 67 nations to collect 
     coordinated measurements of the Earth, whose spirit continues 
     to be embodied in the international partnerships that enhance 
     space endeavors;
       Whereas Explorer I carried a scientific instrument designed 
     and built by Dr. James A. Van Allen of the University of Iowa 
     to detect cosmic rays;
       Whereas the cosmic ray measurements from Explorer I led to 
     the discovery of regions of energetic charged particles 
     trapped in the Earth's magnetic field, later named the Van 
     Allen radiation belts;
       Whereas the combined efforts of Dr. James A. Van Allen and 
     his science team, individuals at the Jet Propulsion 
     Laboratory, and individuals at the Army Ballistic Missile 
     Agency made possible the successful development and launch of 
     Explorer I and ushered in a new age of United States 
     scientific and human exploration of space;
       Whereas the next 50 years of United States accomplishments 
     in outer space will rely on individuals possessing strong 
     mathematics, science, and engineering skills and the 
     educators who will train such individuals;
       Whereas the United States space program enables the 
     development of advanced technologies, skills, and 
     capabilities that support United States competitiveness and 
     economic growth;
       Whereas Dr. Van Allen, commenting on the future of space 
     science a decade ago, said ``there is no shortage of great 
     ideas on what we'd like to do. . . . There is virtually no 
     limit to what can be investigated in interplanetary science 
     and astronomy.''; and
       Whereas over the next 50 years the United States will 
     attain additional exciting and significant achievements in 
     robotic and human space exploration: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That the Congress--
       (1) celebrates the achievement of the late Dr. James A. Van 
     Allen and his science team and all of the individuals at the 
     Jet Propulsion Laboratory and Army Ballistic Missile Agency 
     who, through the successful launch of Explorer I, brought the 
     United States into the space age and science into the realm 
     of space;
       (2) supports science, technology, engineering, and 
     mathematics education programs, which are critical for 
     preparing the next generation to lead future United States 
     space endeavors;
       (3) recognizes the role of the United States space program 
     in strengthening the scientific and engineering foundation 
     that contributes to United States innovation and economic 
     growth; and
       (4) looks forward to the next 50 years of United States 
     achievements in the robotic and human exploration of space.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Louisiana (Mr. Melancon) and the gentleman from Florida (Mr. Feeney) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Louisiana.


                             General Leave

  Mr. MELANCON. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and to 
include extraneous material on House

[[Page 1471]]

Concurrent Resolution 287, the resolution now under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.
  Mr. MELANCON. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, I rise today in strong support of House Concurrent 
Resolution 287. This resolution celebrates the 50th anniversary of 
Explorer I, the first successful launch of a U.S. satellite into space, 
which took place on January 31, 1958, a date that also marks the 50th 
birthday of our U.S. space program.
  With the launch of Explorer I, the United States was the first to 
send a scientific instrument into Earth's orbit. The measurements from 
that instrument led to the significant discovery of the Van Allen 
radiation belts.
  We owe our profound appreciation and gratitude to the late Dr. James 
Van Allen and science team and those individuals from the Jet 
Propulsion Laboratory and Army Ballistic Missile Agency who made 
possible the success of Explorer I.
  Their pioneering efforts launched the beginning of America's journey 
beyond Earth, a journey that continues to generate remarkable 
accomplishments in pushing back the frontiers of scientific knowledge 
and human space exploration.
  Since the launch of Explorer I 50 years ago, the United States has 
led the world in space exploration, with American astronauts taking 
humanity's first steps on the Moon, and American scientists working 
with their international colleagues to launch scientific probes to each 
of the planets in our solar system, to the Moon, asteroids and comets, 
and to study the Sun and its interactions with Earth and the solar 
system.
  Our astronomical observatories peer deeper and deeper into the 
universe and our Earth observing spacecraft deliver data that improves 
our quality of life and helps us preserve the health of our planet. 
Through these and many other exciting accomplishments, our space 
program has truly become one of our Nation's crown jewels.
  Mr. Speaker, as we celebrate the anniversary of Explorer I and past 
achievements, it is important that we also look to space as a story 
about America's future.
  The U.S. space program is a catalyst for the advanced technologies 
and innovation that contribute to America's economic competitiveness, 
and it also serves as a training ground for the scientists and 
engineers who are so critical to keeping America strong.
  In closing, I urge my colleagues to join me in supporting House 
Concurrent Resolution 287 and America's space program.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FEENEY. Mr. Speaker, I would yield myself such time as I may 
consume.
  I rise in support of House Concurrent Resolution 287, offered by my 
friend and Space Subcommittee chairman, Mark Udall, as well as Mr. 
Melancon, Ralph Hall and myself, commemorating the 50th anniversary of 
the launch of Explorer I, America's first satellite. With this launch, 
America became a spacefaring Nation.
  Unlike the Soviets, who 4 months earlier had launched Sputnik I in 
secrecy, America's space program was carried on in full public view. 
Our first attempt to launch a satellite, Vanguard I, ended in failure. 
As a consequence, some suggested that our preeminence as a world power 
was jeopardized.
  Explorer I proved otherwise. The successful launch came through a 
collaboration of brilliant and dedicated scientists and engineers led 
by Wernher von Braun, who designed the launch vehicle known as the 
Jupiter C; Dr. Charles Pickering, director of the Jet Propulsion 
Laboratory, who designed the satellite; and Dr. James Van Allen, who 
designed the main instrument carried aboard Explorer I.
  On the night of January 31, 1958, Explorer I lifted off from Pad 26A 
at Cape Canaveral, Florida. Almost 2 hours passed before a ground 
station in California confirmed the satellite's successful orbit. 
America was now on a path to achieve space preeminence.
  Unlike Sputnik I, Explorer I did more than demonstrate the ability to 
place an object into orbit. It had a valuable scientific purpose. 
Explorer I consisted of a Geiger counter that detected cosmic rays, 
temperature sensors, and a micrometeorite impact microphone. These 
instruments discovered radiation belts, now named after Dr. James Van 
Allen, that encircle the Earth.
  Explorer I stopped transmitting data on May 23, 1958 when its 
batteries died. But it stayed in orbit until March 31, 1970 and 
completed about 58,000 orbits around the Earth.
  Explorer I's legacy was far greater than anticipated. Few imagined 
how satellites could maintain our Nation's security and economy and 
extend man's reach to the far corners of the solar system.
  Government and private enterprise, scientists and engineers, worked 
together to exploit and expand the capacities of space. Today, a 
vibrant and critical commercial industry builds and launches 
sophisticated satellites.
  In Earth orbit, satellites forecast weather and measure surface winds 
and other climate variables. They monitor land-use patterns and remote 
sensing. They help farmers gauge the health of their crops; transmit 
data, radio and television signals into our homes and to businesses 
around the world; and they provide the infrastructure for the global 
positioning system, enabling the capability to accurately navigate to 
virtually any point on Earth.
  Beyond Earth orbit, satellites have visited every planet in the solar 
system except for Pluto, although a mission is under way to visit this 
far-away planet in 2015. Satellites have carried rovers to the surface 
of Mars, they have captured samples of interstellar dust and returned 
them to Earth, photographed the heavens with exceptional clarity, 
measured background temperatures and radiation to high precision, and 
landed on a moon of Saturn.
  Explorer I also led to our human spaceflight program under which 
America learned to orbit the Earth, explore the Moon, and live for 
extended periods aboard the international space station.
  H. Con. Res. 287 commemorates the achievements of the Explorer I 
team, and acknowledges its role as the impetus for what has become a 
critical part of America's greatness. I am pleased to be an original 
cosponsor of this bill, along with my good friend and ranking 
Republican member of the Science and Technology Committee, Ralph Hall, 
and I urge all Members to support it.
  I reserve the balance of my time.
  Mr. MELANCON. Mr. Speaker, I don't have any further speakers, and I 
would reserve my time.
  Mr. FEENEY. Mr. Speaker, earlier I shamelessly invited people to come 
and experience the Daytona 500. While they are there, they may want to 
come visit a museum not far from the Daytona 500. Launch Complex 26, 
where Explorer I was launched, now houses the U.S. Air Force Space and 
Missile Museum.
  If you visit, you can tour the blockhouse from which the Explorer I 
was launched, see launch control equipment from that era and walk on 
the launch pad. Just a few hundred yards away is Launch Pad 5 where 
America's first astronaut, Alan Shepherd, was launched into space. 
Emily Perry serves as the museum's curator. Sixty volunteers, led by 
Gary Harris, guide these tours. Most of these volunteers are veterans 
of America's space program, including some from the Explorer I era. 
Their stories provide a window into this fascinating past. Tours begin 
from the Kennedy Space Center's Visitors Complex and operate 7 days a 
week.
  We have talked about how Explorer I began America's journey as a 
spacefaring people. If you visit the Space and Missile Museum, you can 
see and touch where that journey began.
  Mr. UDALL of Colorado. Mr. Speaker, today we consider H. Con. Res. 
287, Celebrating the 50th Anniversary of the U.S. Explorer I Satellite 
and the Birth of the United States' Space Exploration Program, which I 
introduced last week.
  My statement about its introduction highlighted the inspiring 
accomplishments of our

[[Page 1472]]

early space pioneers who contributed to the successful development and 
launch of Explorer I--America's first space satellite--and the multiple 
achievements of our Nation's first 50 years in space.
  Today, I want to focus on one of the major enablers of America's 
highly successful space program, namely our highly skilled science and 
engineering workforce.
  As we celebrate 50 years of exciting accomplishments in space, we 
witness the return on our Nation's past investments in science, 
technology, engineering, and mathematics (STEM) education.
  Those investments produced the cadre of highly skilled scientists and 
engineers who have led our Nation in pushing back the boundaries of 
scientific knowledge and making possible the human and robotic 
exploration of outer space.
  Their contributions to our successes in space have also yielded 
critical benefits by promoting the innovation and advanced technology 
development that are central to America's competitiveness.
  As was expressed so clearly in the National Academies' ``Rising Above 
the Gathering Storm'' report and in the America COMPETES Act that was 
signed into law last year, our nation's economic strength cannot be 
sustained without renewed investments in STEM education.
  Space has always been an attraction for some of America's best and 
brightest. Our space program provides a unique means of encouraging the 
pursuit of STEM fields. I urge my colleagues in Congress to support the 
STEM programs and educators we need to prepare the next generation of 
scientists and engineers who will lead America's next 50 years of 
accomplishments in space and on Earth.
  And I urge you also to maintain Congress's commitment to making the 
investments necessary to continue a robust and vital space program for 
the Nation.
  I would like to thank my colleagues Ms. Giffords and Mr. Rohrabacher 
for their support of the bill, along with the original cosponsors.
  I urge adoption of my resolution.
  Mr. ROYCE. Mr. Speaker, I rise in support of H. Con. Res. 287 to 
celebrate the 50th anniversary of the launch of Explorer I and the 
birth of an era of United States space exploration.
  On January 31, 1958, the United States officially entered space as 
Explorer I successfully reached orbit. At a time when our Nation feared 
the worst from the Soviet Union, the successful launch of Sputnik 
supercharged anxiety. Our Nation responded, and responded quickly.
  Explorer I, however, was more than just an emphatic response to 
Sputnik. It was achieved important scientific discoveries, as well. As 
mechanical engineer Carl Maggio noted, all involved ``liked the 
difference between our satellite and Sputnik,'' because ``ours flew 
science, the Van Allen experiment.'' Indeed, amongst the numerous 
discoveries made by Explorer I, one of the most important was the 
discovery of the Van Allen radiation belt, a discovery that would be 
considered as one of the most outstanding discoveries of the 
International Geophysical Year.
  This past weekend, I had the opportunity to visit the home of 
Explorer I--Jet Propulsion Laboratories. Seeing this extraordinary 
accomplishment in person, I couldn't help but feel a swell of pride 
knowing that this satellite was the humble beginning of our Nation's 
esteemed space program. An old proverb holds that even the greatest of 
journeys begins with a single step. The launch of Explorer I was that 
first step, and it helped pave the way for a half-century of space 
exploration. Today, JPL missions have rovers on Mars, evaluating soil 
samples on a microscopic level.
  To conclude, I would like to quote the NASA Chief historian Steven J. 
Dick, who observed that ``Like the railroad and the airplane, 
spaceflight has impacted society in ways even the visionaries could not 
have foreseen, and that we cannot fully fathom even today.'' Indeed, 
through the space program, we continue to make important discoveries 
whose benefits amaze generations to come.
  Mr. WU. Mr. Speaker, I rise in support of H. Con. Res 287, 
recognizing the anniversary of the launch of Explorer I. The launch of 
Sputnik I by the Russians in October 1957 created alarm in the U.S. 
Many Americans were fearful of what a Russian space program meant for 
our country.
  However, the United States quickly responded. In just 84 days 
scientists built the Explorer I satellite that would begin the next 50 
years of space exploration. Scientists at the Jet Propulsion Laboratory 
collaborated under the leadership of Dr. William Pickering to 
manufacture what would become Explorer I. On January 31, 1958, the 
United States launched its first satellite into space. Once in orbit, 
the satellite collected data on cosmic rays. The scientific data was 
important, but the beginning of our space program was also important 
for the assurance it provided Americans. Explorer I signaled we would 
not fall behind Russia in space.
  Today we continue to rely on scientists, engineers, and 
mathematicians to solve the pressing problems of our day. These 
innovators continuously rise to the challenges we as a Nation face. 
Explorer I stands as a milestone in space, and foreshadowed what we 
would achieve in just 50 years.
  Today, the United States remains a leader in space: landing humans on 
the moon; exploring our solar system; and gaining a better 
understanding of our land, oceans, and atmosphere. We must continue to 
reach for new goals in space. By doing so, we continue our leadership 
of this world and lead humanity to a brighter destiny.
  I urge my colleagues to support this resolution.
  Mr. FEENEY. I yield back the balance of my time.
  Mr. MELANCON. Mr. Speaker, not having any other speakers, I yield 
back my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Louisiana (Mr. Melancon) that the House suspend the 
rules and agree to the concurrent resolution, H. Con. Res. 287.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the concurrent resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




                 CONGRATULATING THE X PRIZE FOUNDATION

  Mr. MELANCON. Mr. Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 907) congratulating the X PRIZE Foundation's 
leadership in inspiring a new generation of viable, super-efficient 
vehicles, as amended.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 907

       Whereas the United States is heavily dependent on foreign 
     sources of oil that are concentrated in tumultuous countries 
     and regions;
       Whereas the national security and economic prosperity of 
     the United States demand that we move toward a sustainable 
     energy future;
       Whereas the ability of foreign governments to assert great 
     control over oil production allows unfriendly regimes to use 
     energy exports as leverage against the United States and our 
     allies;
       Whereas continued reliance on the use of greenhouse gas 
     intensive fuels may impact global climate change;
       Whereas the automotive sector is heavily dependent on oil, 
     which makes Americans vulnerable to oil price fluctuation and 
     is a major source of greenhouse gas emissions;
       Whereas average fuel economy in the United States has 
     increased slowly during the last 20 years;
       Whereas many promising technologies exist that can lead to 
     a breakthrough vehicle that will meet the need for 
     sustainable transportation;
       Whereas breakthroughs are often achieved by the free market 
     fueling the entrepreneurial spirit of inventors and 
     investors;
       Whereas the Automotive X PRIZE is a private, independent, 
     technology-neutral competition being developed by the X PRIZE 
     Foundation to inspire a new generation of viable, super-
     efficient vehicles that help break our addiction to oil and 
     stem the effects of climate change;
       Whereas the Automotive X PRIZE will award a multimillion 
     dollar reward to teams that can design, build, and 
     demonstrate production-capable vehicles that achieve 100 MPG 
     or its equivalent; and
       Whereas such prize competitions generate involvement and 
     innovation across a broad spectrum of known and untapped 
     talent such as the $25,000 Orteig Prize won by Charles 
     Lindbergh which leveraged $400,000 worth of additional 
     research by teams trying to win the prize and spurred a 
     $250,000,000,000 aviation industry, and the $10,000,000 
     Ansari X Prize which leveraged $100,000,000 worth of 
     additional research: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) congratulates the X PRIZE Foundation's leadership for 
     inspiring a new generation of viable, super-efficient 
     vehicles that help break our addiction to oil through the 
     Automotive X PRIZE competition;
       (2) congratulates the X PRIZE Foundation on their 
     innovation and vision to bring together some of the finest 
     minds in the public and private sectors, including 
     government,

[[Page 1473]]

     academia, and industry, to advise and participate in the 
     Automotive X PRIZE competition; and
       (3) applauds the X PRIZE Foundation's ongoing commitment to 
     find solutions to some of humanity's greatest challenges as 
     exemplified in the Automotive X PRIZE.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Louisiana (Mr. Melancon) and the gentleman from Florida (Mr. Feeney) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Louisiana.


                             General Leave

  Mr. MELANCON. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and to 
include extraneous material on House Resolution 907, the resolution now 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.
  Mr. MELANCON. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, on June 21, 2004, Space Ship One became the first 
privately funded craft to take a person into space. Space Ship One flew 
again on September 29, 2004, and on October 4, 2004, and upon 
successful completion of these flights, Mojave Aerospace Ventures, the 
developers of Space Ship One, captured the $10 million Ansari X PRIZE. 
Just as important as Space Ship One's historic flights, the competition 
for the X PRIZE spurred the creation of a private spaceflight industry 
in this country.
  It is with this past success in mind that I rise to speak in support 
of the new Automotive X PRIZE. This new prize will award a 
multimillion-dollar prize to teams that can design, build and 
demonstrate production-capable vehicles that achieve 100 miles per 
gallon or its equivalent. With the current price of oil hovering around 
$100 per barrel, it is more important than ever that our country 
develops technologies that increase the efficiencies of our 
automobiles. To this end, I was pleased to support H.R. 6, which 
significantly raised CAFE standards, and would do much to increase the 
efficiency of American automobiles.
  However, the government does not hold a monopoly on innovation. Many 
of the great discoveries of our time were accomplished by private 
individuals and companies. From Thomas Edison's discovery of the light 
bulb to Henry Ford's perfection of the automobile, private innovators 
have changed the face of America. It is my hope that the Automotive X 
PRIZE will once again spur the creative and innovative spirit of 
American citizens to help us in our fight for energy independence and 
security.
  I would like to thank Mr. Lungren for introducing this resolution, 
and I urge my colleagues to support it.
  Mr. Speaker I reserve the balance of my time.
  Mr. FEENEY. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H. Res. 907, as amended, which recognizes and 
congratulates the forward-thinking X PRIZE Foundation on one of its 
latest contest endeavors, the Automotive X PRIZE.
  There is a rich history in this country of prizes sponsored by 
private entities leading to innovations in science and technology. 
Starting with the Ansari X PRIZE, the privately funded X PRIZE 
Foundation has successfully been able to build on the concept of the 
1927 Orteig Prize, which awarded $25,000 to the first person to be able 
to make a nonstop transatlantic flight. While the actual Orteig Prize 
name may not be well known, the recipient of this prize, Charles 
Lindbergh, certainly is. The benefits of the $400,000 of investment 
teams made in an effort to win this prize certainly have been realized, 
and the $250 billion aviation industry that took off shortly thereafter 
certainly continues to prosper. Likewise, the 2004 Ansari X PRIZE 
leveraged over $100 million in research by teams vying for a $10 
million price for private spaceflight. Won by Mojave Aerospace 
Ventures, the Ansari X PRIZE changed the public's perception of 
personal spaceflight.
  Now the Automotive X PRIZE is poised to produce similar results for 
the next generation of automobiles, viable, super-efficient vehicles. 
As the resolution states, our ``national security and economic 
prosperity demand that we move toward a sustainable future.'' This 
prize certainly helps us move in that direction. It will be awarded to 
the team that can design, build and sell super-efficient cars that 
achieve 100 miles per gallon and are not concept cars, but cars that 
people will want to buy. If successful, the end result in and of itself 
will be impressive, but the overall benefits to the Nation will be too 
numerable to measure. This prize, like those before it, will generate 
millions of privately funded research dollars producing research that 
may not in the end win the prize, but could spur additional 
technologies. Likewise, this prize will stimulate the entrepreneurial 
spirit of inventors and investors alike, both known entities and 
brilliant minds working in backyard garages.
  I congratulate the X PRIZE Foundation's leadership in creating a 
private, independent competition designed to help move us closer to a 
sustainable energy future. I wish them much success, look forward to 
seeing the results it produces, and encourage my colleagues to support 
this resolution.
  With that, I would reserve the balance of my time.
  Mr. MELANCON. Mr. Speaker, at this time I have no recognized Members, 
I think Mr. Feeney does, so I will reserve the balance of my time.
  Mr. FEENEY. Mr. Speaker, I am honored to yield 1 minute to Dr. 
Bartlett, my friend from Maryland.
  Mr. BARTLETT of Maryland. Mr. Speaker, just a few days ago, Shell Oil 
Company sent out a press release saying that by no later than 2015 the 
world would not be able to meet the demands of our economies for oil 
and natural gas. At just about the same time as that, a group came to 
my office to brief me on the Automotive X PRIZE. You may have noticed 
how much harder people will work for a prize than they will for money. 
Just note the Olympics and what these athletes will do for a prize. So 
I am very, very supportive of this fantastic idea. I bought the first 
Prius in Maryland, I bought the first Prius in Congress, and I want to 
buy the winning car from this competition.
  I have here a note from Donald Foley, who is the executive director 
of the Automotive X PRIZE, and he has noted my desire to buy that 
winning car. So hopefully we will be driving that to the Congress in 
not too long.
  Thank you very much for yielding.

                              {time}  1530

  Mr. FEENEY. Mr. Speaker, I am pleased to yield 2 minutes to my 
colleague and friend from Nebraska (Mr. Smith).
  Mr. SMITH of Nebraska. Mr. Speaker, prizes have a history of 
encouraging innovation by promoting competition and expanding the 
talent pool to include a numerous and diverse array of groups and 
individuals. Those unable or unwilling to secure grants can participate 
in the race for the goal. With prizes, government funding is not used 
to pick technological winners and losers. The prize is only awarded if 
the goal is met. Prizes encourage the investment of private capital and 
research, even beyond the monetary value of the prize.
  I applaud the X PRIZE Foundation for spurring competition and 
innovation in the race to a more efficient automobile. When the 100 
mile-per-gallon vehicle is achieved, citizens of my home State of 
Nebraska will be able to drive across the State on Interstate 80 on 
only 4\1/2\ gallons of fuel. This tremendous efficiency would 
dramatically reduce our Nation's dependence on foreign oil, it would 
stimulate our economy, and certainly improve our national security.
  I am grateful for the vision and enterprise of men like Dr. Peter 
Diamandis who kindle the spark of innovation that leads to 
revolutionary technologies.
  Mr. FEENEY. Mr. Speaker, I have no further speakers, and yield back 
the balance of my time.
  Mr. MELANCON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I just want to make sure that I check with Mr. Smith

[[Page 1474]]

whether that is stopping for red lights that takes 4\1/2\ hours to go 
across Nebraska.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Louisiana (Mr. Melancon) that the House suspend the 
rules and agree to the resolution, H. Res. 907, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution, as amended, was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




 CALLING FOR A PEACEFUL RESOLUTION TO THE CURRENT ELECTORAL CRISIS IN 
                                 KENYA

  Mr. PAYNE. Mr. Speaker, I move to suspend the rules and agree to the 
concurrent resolution (H. Con. Res. 283) calling for a peaceful 
resolution to the current electoral crisis in Kenya, as amended.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 283

       Whereas on December 27, 2007, the citizens of Kenya went 
     peacefully to the polls to elect a new parliament and a new 
     President and signaled their commitment to democracy by 
     turning out in large numbers and, in some instances, waiting 
     in long lines to vote;
       Whereas on December 29, 2007, the opposition presidential 
     candidate, Raila Odinga, was reportedly over 300,000 votes 
     ahead of the incumbent with 90 percent of the precincts 
     reporting;
       Whereas on December 30, 2007, the head of the Electoral 
     Commission of Kenya (``ECK'') declared that Mwai Kibaki won 
     the presidential election by 197,000 votes;
       Whereas Mr. Kibaki was sworn in as President within an hour 
     of the announcement of the election results, despite serious 
     concerns raised about the legitimacy of the election results 
     by domestic and international observers;
       Whereas the lack of transparency in vote tallying, serious 
     irregularities reported by election observers, the 
     implausibility of the margin of victory, and the swearing in 
     of the Party of National Unity presidential candidate with 
     undue haste, all serve to undermine the credibility of the 
     presidential election results;
       Whereas the Government of Kenya imposed a ban on live media 
     that day, and shortly after the election results were 
     announced, in contravention of Kenyan law, the Government 
     also announced a blanket ban on public assembly and gave 
     police the authority to use lethal force;
       Whereas on January 1, 2008, 4 commissioners on the ECK 
     issued a statement which called into question the election 
     results announced by the Commission and called for a judicial 
     review;
       Whereas the head of the European Union Election Observation 
     Mission stated that ``Lack of transparency as well as a 
     number of verified irregularities . . . cast doubt on the 
     accuracy of the results of the presidential election as 
     announced by the ECK'' and called for an international audit 
     of the results;
       Whereas observers from the East African Community have 
     called for an investigation into irregularities during the 
     tallying process and for those responsible for such 
     irregularities to be held accountable;
       Whereas in 1991 President Daniel Arap Moi agreed to move 
     from one party rule to multi-party politics, and in 1992, 
     Kenyans voted in record numbers in the country's first multi-
     party election in almost 26 years;
       Whereas in 1997 Kenya held its second multi-party 
     elections, despite extremely high levels of tension between 
     the opposition and the ruling party;
       Whereas in 2002 the opposition succeeded in forming and 
     holding together a coalition that for the first time in 
     history ousted the ruling party from power, demonstrating to 
     Kenyans and Africans that incumbency and the entrenched clout 
     of a ruling party can be defeated through the ballot box;
       Whereas the violence and unrest in Kenya threatens to roll 
     back the democratic gains made over the past 17 years;
       Whereas more than 900 people have died and an estimated 
     250,000 people, 80,000 of whom are children, have been 
     displaced as a result of the violence;
       Whereas Kenya has been a valuable United States ally since 
     independence, providing the United States with access to its 
     military facilities and political support in the United 
     Nations, and has been an important ally in the war against 
     terrorism, especially since the United States embassy 
     bombings in Kenya and Tanzania in 1998;
       Whereas the political instability in Kenya is connected to 
     a larger struggle for democracy and is not merely the result 
     of tribal violence;
       Whereas continued violence and unrest could have serious 
     political, economic, and security implications for the entire 
     region; and
       Whereas the Assistant Secretary of State for African 
     Affairs has stated that ``serious flaws in the vote tallying 
     process damaged the credibility of the process'' and that the 
     United States should not ``conduct business as usual'' in 
     Kenya: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That the Congress--
       (1) commends the Kenyan people for their commitment to 
     democracy and respect for the democratic process as evidenced 
     by the high voter turnout and peaceful voting on election 
     day;
       (2) strongly condemns the ongoing violence in Kenya and 
     urges all parties concerned to immediately end use of 
     violence as a means to achieve their political objectives;
       (3) calls for a peaceful, negotiated settlement of the 
     conflict in Kenya;
       (4) calls on the 2 leading presidential candidates to 
     continue to accept external and internal assistance to help 
     find a solution to the current crisis which has the support 
     of the people of Kenya;
       (5) calls on Kenyan security forces to refrain from use of 
     excessive force and respect the human rights of Kenyan 
     citizens;
       (6) calls for those who are found guilty of committing 
     human rights violations to be held accountable for their 
     actions;
       (7) calls for an immediate end to the restrictions on the 
     media, and on the rights of peaceful assembly and 
     association;
       (8) condemns threats to civil society groups, journalists, 
     religious leaders, human rights activists, and all those who 
     are making every effort to achieve a peaceful, just, and 
     equitable political solution to the current electoral crisis;
       (9) calls on the international community, United Nations 
     aid organizations, and all neighboring countries to provide 
     assistance to those affected by violence and encourages the 
     use of all the diplomatic means at their disposal to persuade 
     relevant political actors to commit to a peaceful resolution 
     to the current crisis; and
       (10) urges the President of the United States to--
       (A) continue to support diplomatic efforts to facilitate a 
     dialogue between leaders of the Party of National Unity, the 
     Orange Democratic Movement, and other relevant actors that 
     will lead to the establishment of an interim or coalition 
     government in order to implement necessary constitutional 
     reforms, establish a mechanism to investigate the election 
     crisis, and address its root causes;
       (B) consider the imposition of targeted sanctions, 
     including a travel ban and asset freeze, on political leaders 
     and other relevant actors who refuse to engage in mediation 
     efforts to end the political crisis in the country; and
       (C) conduct a review of current United States aid to Kenya 
     for the purposes of restricting all non-essential assistance 
     to Kenya unless the parties are able to establish a peaceful 
     political resolution to the current crisis which is credible 
     to the Kenyan people.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Payne) and the gentleman from New Jersey (Mr. Smith) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Payne).


                             General Leave

  Mr. PAYNE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the concurrent resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PAYNE. Mr. Speaker, I rise in strong support of this resolution 
and yield myself such time as I may consume.
  Mr. Speaker, ``Kenya is at a crossroads.'' Those are the words spoken 
this morning by the chairman of the Human Rights Commission of Kenya in 
a hearing that I chaired on the current crisis today.
  Kenya had been considered a linchpin on economic and political 
stability in the East Africa region for decades. We always were proud 
of the accomplishments and the achievements of them, and we often 
pointed to Kenya as a beacon of how other African countries and 
countries throughout the developing world should move towards 
democracy. However, we have seen very sad occurrences during the past 
month or two. H. Con. Res. 283 seeks to address the unfortunate and 
still unfolding political crisis in Kenya.
  I went to Kenya last month to assess the situation and to encourage 
political, religious, community, and civil

[[Page 1475]]

society leaders to find a peaceful resolution to the current situation. 
I visited thousands of displaced children in Jamhuri showground and met 
with volunteers from diverse backgrounds. It was remarkable and 
encouraging to see Kenyans coming together to help their fellow 
citizens, donating food and material to those in need.
  Indeed, witnessing the violence and meeting the young victims was 
deeply troubling. Yet, I am confident that Kenyans will come out of 
this crisis united. Kenyans must put Kenya first.
  Kenyans of different religious, ethnic, and economic backgrounds live 
together peacefully in a region long marred by civil war and political 
chaos. Unfortunately, like the millions of Kenyans, the more than 
170,000 refugees from the Ogaden and Somalia regions in Kenya will also 
be affected, because when the central government is affected, those 
other people, refugees and other groups in need, are also affected, as 
will be the lives of so many others in the countries surrounding Kenya. 
Many depend on Kenya for economic and industrial progress for their 
countries to survive.
  On December 27, 2007, the citizens of Kenya went peacefully to the 
polls to elect a new parliament and a new president, despite the 
logistics challenges and long lines. More than 14 million Kenyans 
registered to vote. That is 82 percent of the eligible voters. An 
estimated 2,547 parliamentary candidates were qualified to run in the 
210 constituencies, a clear indication of the desire and the 
determination of Kenyans to participate and to be a part of the 
political process in their country.
  Incoming President Mwai Kibaki was hastily declared the winner by the 
Electoral Commission of Kenya, after a series of highly irregular 
events which cast significant doubt on his so-called victory. Let me be 
blunt: The election results announced by the ECK do not reflect the 
wishes of the Kenyan people. The people of Kenya voted for change. What 
they were given was more of the status quo.
  In reaction to what occurred, Kenyans went to the streets to express 
their frustration and anger. The protests soon turned violent, and it 
is still unfolding as we speak. More than 1,000 people have been killed 
and over 300,000 displaced as a result of unrest, including an 
estimated 80,000 children under the age of 5, and these young lives are 
being traumatized as we speak. Millions more have been adversely 
affected. Two members of the parliament from the opposition ODM were 
killed in January, reducing a five-member lead to three.
  The instability in Kenya continues to threaten and affect the 
economies of neighboring countries, imposing serious threats to 
regional stability, a fragile region in the first place. But this is 
going to make it even more fragile. The Kenyan economy has been hit 
hard and recovery may take a long time.
  H. Con. Res. 283 does several critical things. One, it strongly 
condemns the ongoing violence in Kenya and urges all parties concerned 
to immediately end the use of violence as a means to achieve their 
political objectives. It also calls for all parties to participate in 
good faith and dialogue mediated by former United Nations Secretary 
General Kofi Annan, and asks President Bush to consider imposing asset 
freezes and travel bans on leaders in the Party of National Unity, the 
Orange Democratic Movement, and other relevant actors who refuse to 
engage in this dialogue to end the current crisis.
  Additionally, the resolution calls for the international community to 
respond to the grave humanitarian needs of the people of Kenya and all 
neighboring countries to provide assistance to those affected by the 
violence.

                              {time}  1545

  At the same time, it calls for a review of our assistance to Kenya 
and restrict any nonhumanitarian assistance.
  Before concluding, though, I would like to point out that U.S. 
diplomatic efforts in the wake of the election have not been stellar. 
Indeed, the response to the Kenyan election crisis proves beyond a 
doubt that some of the administration officials are too quick to 
embrace a government that engages in electoral abuses and overlook 
rather than condemn its electoral and human rights abuses.
  We saw this happen in the 2005 elections in Ethiopia. We must proceed 
carefully and thoughtfully and work with our partners in the EU and AU 
to help resolve this crisis. I also want to emphasize a very critical 
point. Despite statements by some to the contrary, what is happening in 
Kenya is not an ethnic conflict. It is a political conflict with ethnic 
overtones.
  We must look closely at the historical and political context to 
really understand and to avoid making additional mistakes on how we 
characterize what is happening today in Kenya. However, if political 
leaders in Kenya do not make a serious effort to stop the violence now 
and address the systemic problems that exist in their political 
structures, the violence we are seeing could certainly reach a point of 
no return.
  Once that happens, it will be very difficult to stop. It is critical 
that a transitional coalition government is established with a clear 
mandate to implement necessary reforms such as a new constitution, a 
new electoral law, a new electoral commission, and address the root 
causes of the crisis and prepare the country for transparent 
Presidential elections within 2 years. The people of Kenya deserve no 
less.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in strong support of H. Con. Res. 283, addressing 
the current crisis in Kenya. I, like much of the world, was shocked by 
the violence that followed the December 27 elections in Kenya, a 
country that has proven to be a great friend and ally of the United 
States over the years.
  My heart and my condolences, as well as that of every Member of this 
Chamber, go out to the victims of this violence and their families, 
some 1,000 people who have been killed since that fateful election day.
  There have been shocking events that few of us expected to see in 
Kenya, protesters shot by police, gangs with machetes butchering 
innocents, a crowd of people, including women and children, burned 
alive in a church. Two opposition parliamentarians, as Mr. Payne just 
pointed out, have been gunned down since the violence began. Now some 
300,000 people have fled their homes, have fled their neighbors, and 
remain displaced. They are virtual refugees within their own country. 
Aid workers tell us that about 80,000 of these internally displaced 
people are children under the age of 5.
  The priority for everyone has to be to stop the violence and to end 
the killing. In addition, we must examine the context in which the 
violence erupted in the first place.
  The broad strokes of what happened during and after the December 27 
elections are now well known. Millions of Kenyans voted that day in the 
country's fourth multiparty elections and it is a testament to the 
Kenyan people that some 14.2 million people, 82 percent of all eligible 
voters, were registered to vote. I won't recite the polling numbers or 
give an autopsy of the election, but suffice it to say that at some 
point the system went terribly wrong.
  The European Union said the elections were ``marred by a lack of 
transparency which raised concerns about the accuracy and final results 
of this election.'' Election observers from the East African community 
also raised serious concerns about the elections, and eventually the 
United States, too, asserted that ``serious flaws in the vote tallying 
damaged the credibility of the process.''
  I want to commend my friend and colleague, Chairman Payne, for his 
leadership on this issue. I joined him to cosponsor this resolution, 
which calls for an end to the violence and an end to restrictions on 
the media. It condemns threats to human rights activists and others who 
are working for a peaceful solution to this crisis. It calls on 
President Kibaki and the challenger, Mr. Odinga, to work together for a 
mediated solution to this crisis.

[[Page 1476]]

  The U.S. must do all that it can to encourage them to move in this 
direction. The resolution emphasizes our hope that this dialogue will 
lead to an establishment of an interim or coalition government that can 
enact constitutional reform and establish a mechanism to investigate 
this crisis.
  Mr. Speaker, I urge strong support and backing for H. Con. Res. 283.
  I reserve the balance of my time.
  Mr. PAYNE. Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield 4 minutes to the 
distinguished gentleman from California (Mr. Royce).
  Mr. ROYCE. I would like to begin by commending the gentleman from New 
Jersey, Chairman Payne, of the Africa Subcommittee. I want to thank him 
for introducing this resolution that addresses the troublesome violence 
that is occurring today in Kenya, and I would like to recognize the 
good work of the subcommittee's ranking member, Mr. Smith, as well.
  Mr. Speaker, the situation in Kenya has been described. Since the 
post-election violence erupted at the end of December, we know that now 
over 1,000 Kenyans have been killed. We know that a quarter million 
souls have been forced to flee from their homes. Many of these homes 
have been burned. Many individuals have been burned. As this resolution 
notes, international observers found the election to be seriously 
flawed, implicating the government. Today, as Kenya's politicians fight 
for power, its people suffer and some of those people are suffering 
terribly.
  This resolution calls on President Mwai Kibaki and opposition 
candidate Raila Odinga to accept external assistance to find their way 
out of this. This has been occurring of late with the former U.N. 
Secretary General bringing about some progress. But without this, the 
factions seem incapable of moving ahead on their own.
  The resolution also calls for holding accountable those responsible 
for violence. Widespread violence can almost always be traced back to 
ringleaders. That was the case in Rwanda, where a small band sparked a 
genocide. Kenyans don't want their country ripped apart, but a small 
number of recruiters, I suspect, are leading it in that way. We should 
do our best to let would-be killers, including government officials, 
know that the world is watching and they will face the consequences if 
they incite violence.
  The State Department's top official charged with Africa recently 
called the violence ``ethnic cleansing.'' We cannot be complacent. The 
potential for violence spiraling upward should never be discounted. 
This is the reason, of course, that our Peace Corps is leaving Kenya.
  Looking back a few months, the U.S. and the international community 
was complacent and somewhat naive about the Kenyan elections. News 
reports and analysts expressed surprise over the election violence. I 
chaired the Africa Subcommittee for 8 years working with Chairman 
Payne. There is a tendency, an understandable one, to see African 
``successes,'' and Kenya has been described as one. While many African 
countries have made progress, many African countries face fundamental 
and very difficult challenges that leave them very vulnerable. A better 
realization of that, a more realistic view, I think, would lead to a 
better Africa policy.
  Kenya is a very important country. Its economy is key to East Africa. 
This violence has been economically devastating to many Kenyans. We 
have terrorism concerns in the region. So we have humanitarian and 
other reasons, other reasons besides just the question of the 
inhumanity here to help Kenyans move forward. It is Kenyans themselves 
who must look within to help get out of this crisis. But the U.S. and 
others should help, and this resolution calls for that help. I urge 
support for it, and I commend Chairman Payne for authoring it.
  Mr. PAYNE. Let me thank the gentleman from California and commend him 
for the outstanding work that he did as chairman of this subcommittee 
and his continued interest in the subcommittee's activities.
  I would like to say that I appreciate the gentleman from New Jersey 
cosponsoring this resolution, Mr. Smith, and Mr. Wolf, who has been a 
true real leader on issues in Africa, too. One of the things that I 
must say, as I already mentioned about Mr. Royce, that our Subcommittee 
on Africa, regardless of which political party tends to chair it, has 
worked in a bipartisan manner for the 20 years that I have been a 
member of the committee, sometimes in the majority, sometimes in the 
minority.
  But the thing that has been very encouraging is that in 95, 96 
percent of the time, I would say we are on the same page. We see things 
the same way. We might have to tweak a word or two here, but by and 
large, we have been able to move forward on so many important issues 
because of the bipartisan spirit.
  Once again, Mr. Royce, I appreciate your continued support, and, of 
course, Ranking Member Smith, who is not only doing a tremendous job 
here but with the Helsinki Commission, and for the fact that he is very 
interested in the situation in China, I appreciate your continued human 
rights efforts. It's a pleasure to work with you.
  Mr. KENNEDY. Mr. Speaker, will the gentleman yield?
  Mr. PAYNE. I yield to the gentleman from Rhode Island.
  Mr. KENNEDY. I want to thank the gentleman from New Jersey for his 
work in this area and just say, having just returned from another part 
of the world that has been turned upside down by election disturbances 
in Pakistan, with the assassination of Benazir Bhutto, it's clear to me 
that the United States' interest in monitoring elections is paramount 
because of the national security implications in all of these parts of 
the world, that we have election monitors stationed in all of these 
places of the world where there are elections.
  I know that the NDI and the NRI, the National Democratic Institute, 
National Republican Institute and these organizations that we promote 
as a country, we need to, as a Congress, continue to support those 
organizations because they are absolutely indispensable towards our 
national security in helping to secure better faith and confidence in 
these elections that are taking place around the world. If there is 
confidence in these elections, and, clearly, these elections have been 
called into dispute, especially here in Kenya, then there is going to 
be an unraveling of confidence, and, as we have seen, an occurrence of 
violence. That occurrence of violence is going to be destabilizing, not 
only to the region but also to our own national security interests.
  That is why I support this resolution and certainly want to salute my 
colleagues in saying that in the future, we need to do more to support 
these efforts of monitoring these elections and giving the support that 
they need on the ground to make sure that they really are transparent 
elections in every sense of the word.
  I thank the gentleman for his leadership.
  Mr. PAYNE. Let me thank you very much. Let me also commend you for 
the work that you continue to do in Cape Verde and other developing 
countries, and your work in Haiti certainly makes all of us proud.
  With that, Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. SMITH of New Jersey. Again, I want to thank Chairman Payne for 
his great leadership on this issue. We work very well together on that 
committee.
  Mr. Speaker, this was very important, and it is very important that 
we get a very strong vote by the House on behalf of the Payne 
resolution. We need to send a clear message to Kenya that we are 
watching, that we care deeply about what is unfolding there, and that 
we stand in solidarity there with those who have lost loved ones, with 
the IDPs and others.
  We want a robust democracy in Kenya because they want a robust 
democracy in Kenya. The people deserve it. We thought they had it to 
some extent.
  I think the chairman's mention of Ethiopia was a very important one. 
We thought Ethiopia was moving in the

[[Page 1477]]

right direction. An election was held. It was seriously marred with 
irregularities, and then a series of killings followed thereafter. 
That's still a very unsettled part of the world as well. Again, I want 
to thank the chairman for his important resolution.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H. Con. Res. 283, calling for a peaceful resolution to the current 
electoral crisis in Kenya, introduced by my distinguished colleague 
from New Jersey, Chairman Payne. This important legislation commends 
the Kenyan people for their significant strides towards democracy and 
calls for the peaceful resolution of their current electoral crisis.
  As a senior Member of the Committee on Foreign Affairs as well as the 
Subcommittee on Africa and Global Health, I am deeply concerned with 
the current crisis in Kenya. It saddens me to see the once relatively 
stable country of Kenya explode into chaotic violence, which has left 
more than 900 people dead and forced 300,000 people from their homes. 
Democracy must move forward in Kenya, and the cry for clear, 
transparent and peaceful elections must not go unheard by the 
international community. As Kenya's political crisis also becomes a 
humanitarian emergency, with over 300,000 people displaced from their 
homes and the distribution of food aid halted, experts have begun to 
warn of a looming health crisis. It is vital for the people of Kenya 
that we work rapidly to bring this conflict to a peaceful conclusion.
  This important legislation denounces Kenyan security forces from 
using unwarranted force and urges them to respect the human rights of 
Kenyan citizens. This legislation further condemns the callous 
terrorization to civil society groups, journalists, religious leaders, 
and civil rights leaders.
  While Kenya has long been an important friend and ally to the United 
States, at times our relationship has been strained due to concerns 
about corruption and human rights conditions in the sub-Saharan nation. 
However, this intricate relationship has been recently renewed and 
reinvigorated with the advent of the 1992 multiparty elections in 
Kenya. The people of Kenya have shown a desire and commitment for 
democracy that is unprecedented and sets a new standard for the region. 
Their unparalleled commitment to democracy and respect for the 
democratic process is indicated in the high voter turnout and peaceful 
voting on election day.
  On December 27, 2007, the desire of the Kenyan nation for a 
meaningful change in politics and the revival of democracy was manifest 
in the millions of Kenyans who took to the polls. The months preceding 
the December elections showed opposition candidate Raila Odinga leading 
in the polls over incumbent President Mwai Kibaki. Amidst domestic and 
international cries of polling irregularities, the Electoral Commission 
of Kenya declared President Kibaki as the winner.
  It is not the election itself but rather the aftermath of the 
elections and a way forward that concerns us here today. The Kenyan 
Constitution authorizes the establishment of the Electoral Commission 
of Kenya, ECK. While the ECK is comprised of 22 commissioners, 19 of 
the commissioners were appointed by President Kibaki last year, which 
is authorized by the Kenyan Constitution. What is not authorized was 
the appointment of the new commissioners without proper consultation 
with opposition parties, which violated the Inter-Parliamentary Parties 
Group Agreement of 1997. While the ECK quickly declared President 
Kibaki the winner, the chairman of the commission later admitted that 
he ``was under intense political pressure from powerful political 
leaders and the ruling party.'' Furthermore, press reports quote the 
Kenya Electoral Commission Chairman Samuel M. Kivuitu as stating that 
``the day he went to deliver the certificate declaring Kibaki the 
winner, he saw the chief justice already at the State House reportedly 
waiting to swear in Kibaki.'' The swearing-in ceremony itself was so 
rushed that it is said organizers forgot to include the national anthem 
in the program. Mr. Speaker, to call these events ``irregularities'' as 
the ECK commissioners and ECK staff have conceded, is a vast 
understatement. In order for Kenya to continue moving forward on its 
current democratic trajectory, elections must be transparent, free, and 
fair, none of which were seen in the December 27 election. This 
legislation calls upon the two leading presidential candidates to 
accept offers of external and internal assistance to help find a 
solution to the current crisis that has the support of the people of 
Kenya.
  What is equally disturbing was the United States' reaction to this 
electoral crisis. While the EU observers criticized the election for 
its myriad of inconsistencies, on December 30, the United States 
government reportedly congratulated President Kibaki for his victory. 
In a recently released report, the EU concluded, ``the 2007 general 
elections have fallen short of key international and regional standards 
for democratic elections. Most significantly, they were marred by a 
lack of transparency in the processing and tallying of presidential 
results, which raises concerns about the accuracy of the final results 
of this election.'' Following both regional and international uproar, 
the United States seemingly changed its position in January as 
Assistant Secretary of State for African Affairs, Jendayi Frazer, 
declared that ``serious flaws in the vote tallying process damaged the 
credibility of the process.'' Such inconsistency on the part of 
diplomatic corps of the United States sends a poor message to our 
friends and allies struggling for democracy across the sea.
  As outrage over the electoral results permeated throughout the 
country, so too did spontaneous demonstrations of anger and ultimately 
violence. Recent statistics reported by the UN and Kenyan sources state 
that since late December more than 900 people have been killed and an 
estimated 300,000 displaced, including some 80,000 children under the 
age of five. International observers have proclaimed that while some 
protestors died due to mob violence, many others were reportedly shot 
and killed by police. While the Kenya military did not engage in riot 
control for most of January, press reports and Kenyan sources state 
that Kenyan police and security were given authority to use lethal 
force to dissipate mobs. In the wake of the disputed election results, 
the Kenyan government banned demonstrations and initiated media 
restrictions, which seem to have further stoked the fire.
  Mr. Speaker, with the intolerable number of Kenyans dead and 
displaced, it is imperative that the United States play a meaningful 
role in resolving the current crises. With, two failed international 
missions, it is time that we rethink our strategy in addressing the 
current crisis.
  The ongoing violence as a means to achieve political objectives in 
Kenya must come to a halt. We need the superior support of the United 
Nations to assist those affected by violence, and use all the 
diplomatic means to persuade relevant political actors to commit to a 
peaceful resolution to the crisis. This legislation emphasizes 
precisely these issues.
  I strongly urge my colleagues to join me in supporting this extremely 
important legislation that arbitrates for the Kenyan people.
  Mr. RANGEL. Mr. Speaker, I rise today to express my full support for 
H. Con. Res. 283, the calling for a peaceful resolution to the current 
electoral crisis in Kenya.
   I applaud the people of Kenya for pursuing their right to democracy. 
Democracy is a fundamental right to be shared by all. Voting is at the 
core of a democratic society and conveys the will of the people. I 
encourage the Kenyan government to work diligently and quickly to 
restore order to their nation. Violence should not be used as a means 
by which to achieve political objectives.
   After the devastating bombing of the U.S. embassies in 1998, Kenya 
became a crucial ally in the global war against terrorism. Thus, the 
welfare and stability of the Kenyan people is of concern to the United 
States. I am hopeful the leadership and strength that prevailed during 
that crisis will rise and put an end to the current devastating 
violence.
  I encourage the Kenyan leaders on all sides to welcome the U.N. human 
rights teams to investigate the violent acts that have destroyed the 
confidence of the citizens of Kenya. In doing so, the government can 
slowly start to rebuild the trust of its citizens.
   Therefore, I urge Kenyan officials to do everything humanly possible 
to end the unprecedented bloodshed and violence. It is unsettling to 
hear that over 1,000 people have lost their lives and more than 300,000 
have been displaced.
   Kenya was hailed as a great example of democracy for other African 
nations to emulate. I look forward to the day when Kenya returns to its 
pursuit of democracy.
  I urge my colleagues to support this bill. I applaud the Kenyan 
people for standing up for democracy and their right to a democratic 
government.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise today to 
recognize House Concurrent Resolution 283, calling for a peaceful 
resolution to the current electoral crisis in Kenya.
  As a result of the elections held on December 27, 2007 chaos has 
erupted in Kenya. It was suspected that the administration police were 
used to rig elections in favor of Part of National Unity aligned to 
President Kibaki. During the announcement of the results from different 
polling stations, it was discovered that there were serious 
inconsistencies between results released at the polling stations and

[[Page 1478]]

those that were announced by Electoral Commission of Kenya.
  Since then, Kenya has been experiencing civil war and people are 
suffering. As the people of Kenya face ongoing violence, they stay 
strong in proclaiming, through electoral process, their country 
deserves a fair democracy. I praise the courage and commitment of the 
Kenyan citizens towards democracy. We must support their efforts 
towards liberty and justice by persuading the international community.
  With passage of this legislation, the international community, United 
Nations aid organizations, and all neighboring countries are called 
upon to assist those affected by violence and asked to use diplomatic 
means to persuade relevant political actors to commit to a peaceful 
resolution to the crisis.
  On behalf of the 30th Congressional District of Texas, I am honored 
to support passage of House Concurrent Resolution 283.

                              {time}  1600

  Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Payne) that the House suspend the rules 
and agree to the concurrent resolution, H. Con. Res. 283, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. PAYNE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




CONGRATULATING LEE MYUNG-BAK ON ELECTION TO PRESIDENCY OF THE REPUBLIC 
                                OF KOREA

  Mr. PAYNE. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 947) congratulating Lee Myung-Bak on his election 
to the Presidency of the Republic of Korea and wishing him well during 
his time of transition and his inauguration on February 25, 2008.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 947

       Whereas the United States and the Republic of Korea share a 
     longstanding and comprehensive alliance rooted in the common 
     principles of freedom and democracy;
       Whereas on June 11, 2007, the House of Representatives 
     passed H. Res. 295 recognizing ``the strong alliance between 
     the Republic of Korea and the United States and expresses 
     appreciation to the Republic of Korea for its contributions 
     to international efforts to combat terrorism'';
       Whereas on December 19, 2007, the Senate passed S. Res. 279 
     recognizing that ``the strength and endurance of the alliance 
     between the United States and the Republic of Korea should be 
     acknowledged and celebrated'';
       Whereas, since 2000, the United States House of 
     Representatives and the Republic of Korea National Assembly 
     have engaged in an interparliamentary exchange to discuss 
     issues central to the U.S.-Republic of Korea relationship;
       Whereas there are deep cultural and personal ties between 
     the peoples of the United States and the Republic of Korea, 
     as exemplified by the large flow of visitors and exchanges 
     each year between the two nations, as well as the nearly two 
     million Korean-Americans;
       Whereas Congress recognizes January 13 as Korean-American 
     Day, honoring the contributions of Korean-Americans in 
     forging stronger bilateral ties between our two countries;
       Whereas the Republic of Korea is the United States seventh 
     largest trading partner and the United States is the third 
     largest trading partner of the Republic of Korea with nearly 
     $80 billion in annual trade volume;
       Whereas the United States and the Republic of Korea are 
     working closely together to promote international peace and 
     security, economic prosperity, human rights, and the rule of 
     law; and
       Whereas Lee Myung-Bak, upon winning the election to become 
     the next President of the Republic of Korea, stated that he 
     would seek to further strengthen the relationship with the 
     United States: Now, therefore, be it
       Resolved, That the House of Representatives congratulates 
     Lee Myung-Bak on his election to the presidency of the 
     Republic of Korea and wishes him well during his time of 
     transition and on his inauguration on February 25, 2008.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Payne) and the gentleman from California (Mr. Royce) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PAYNE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PAYNE. Mr. Speaker, I rise in strong support of this resolution, 
and I yield myself such time as I may consume.
  I would like to first thank my friend Mr. Royce of California for 
introducing this resolution which congratulates President-elect Lee 
Myung-Bak on his victory in the South Korean presidential elections.
  In electing Lee Myung-Bak, the South Korean people have selected a 
man of exceptional accomplishment and proven leadership. During his 27 
years at the helm of Hyundai Group, Mr. Lee transformed the company 
from a successful but relatively small local corporation into South 
Korea's largest industrial conglomerate with a dominant worldwide 
presence.
  Mr. Lee and Hyundai's success helped drive the Republic of Korea's 
dramatic success as an East Asian economic ``tiger'' in the seventies, 
eighties and nineties. The parallel is particularly appropriate since 
in English the Korean word ``hyundai'' means ``modern.'' As Mr. Lee led 
the company to new heights, he played a direct role in the 
spectacularly rapid modernization of the Republic of Korea.
  Mr. Lee's extraordinary professional career is right at home among 
the American Dream stories of our Nation. The son of a cattle rancher 
who fell onto hard times, Mr. Lee was born into poverty and worked his 
way through college as a garbage collector. Relying on his talents and 
work ethic, he eventually rose to the pinnacle of the business world.
  Committing himself to politics, he became the mayor of Seoul and 
applied his leadership skills and his no-nonsense approach to improve 
that important city. Now as South Korea's president, he is uniquely 
able to lead and further strengthen his country, one of the United 
States' closest and most significant allies.
  Mr. Lee's story is a potent reminder that the friendship between the 
United States and the Republic of Korea is based not only on our shared 
interest but also our shared values. For over 50 years, our two 
countries fought together against common threats such as communism, but 
the foundation of our alliance is a common commitment to democracy, 
individual liberties, and human rights.
  The end of the Cold War did not end the critical role of our alliance 
in promoting and protecting political and economic freedoms in Asia and 
around the world. Today, we work side by side to combat international 
terrorism, denuclearize the Korean Peninsula, and promote peace and 
stability in northeast Asia. This work relies on our strong military 
alliance, bolstered by 28,000 military personnel stationed in the 
Republic of Korea.
  We also share a dynamic economic relationship. With two-way trade 
approaching $80 billion, South Korea is the United States' seventh 
largest trading partner, and the United States is the fourth largest 
trading partner of the Republic of Korea. Our shared commitment to 
free, fair, and open political systems is reinforced by our commitment 
to free, fair, and open markets.
  Further strengthening our bilateral relationships and our bonds of 
friendship are the millions of South Korean visitors that come to the 
United States and the millions of visitors from the United States that 
travel to South Korea every year. Many South Koreans who come to the 
United States do so to visit their Korean American family

[[Page 1479]]

members, who make up a vitally important part of the United States' 
social and economic fabric.
  Based on these shared interests and values, the U.S.-Republic of 
Korea relationship is strong and is poised to grow even stronger.
  With this resolution, we in Congress rightly congratulate Mr. Lee 
Myung-Bak on becoming the next president of South Korea, welcome his 
inauguration on February 25, and look forward to the opportunity to 
work with him to further strengthen the relationship between our two 
countries.
  I strongly support this resolution, and I encourage my colleagues to 
do the same.
  Madam Speaker, I reserve the balance of my time.
  Mr. ROYCE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in support of this resolution, House Resolution 
947, which I authored and which has the support of Chairman Lantos and 
Ranking Member Ros-Lehtinen and Mr. Payne and Mr. Faleomavaega of the 
Foreign Affairs Committee, among others.
  I serve as a member of the Asia Subcommittee and as the vice chairman 
of the U.S.-Republic of Korea Interparliamentary Exchange. This 
resolution congratulates Lee Myung-Bak on his election as president of 
the Republic of Korea and wishes him well during his time of 
transition.
  In this country, Korean Americans watched the Korean presidential 
campaign with great interest, and their community has played a very 
important role in bringing greater attention to issues of mutual 
importance, and I would like to recognize their efforts.
  The U.S. partnership with Korea dates back to 1882 with the signing 
of the Treaty of Peace, Amity, Commerce, and Navigation between the 
Kingdom of Chosun and the United States. This treaty contemplates 
everlasting amity and friendship between our two peoples, and for over 
125 years, we have worked to achieve this.
  One of the truest tests of our partnership with South Korea came in 
June of 1950 when Communist North Korea invaded the South. American and 
South Korean forces fought valiantly side by side and they warded off 
that Communist onslaught.
  In the 60 years since, the U.S.-South Korean relationship has 
blossomed in every respect: economic, political, militarily. Nearly 
30,000 U.S. troops stand along with the South Korean Army to preserve 
stability in northeast Asia. South Korea has grown into the seventh 
largest trading partner with the United States.
  And on February 25 of this year, Lee Myung-Bak will assume the 
presidency of the Republic of Korea. He does so at a critical time 
during our partnership. The Republic of Korea and the U.S. once again 
face a great challenge in dealing with a nuclear-armed North Korea, a 
regime that denies its citizens the most basic of human rights. The Six 
Party Talks have stalled, and Kim Jong-Il's regime has continually 
failed to come clean on the extent of its nuclear programs. Yesterday, 
Admiral Michael McConnell, Director of National Intelligence, testified 
that ``while Pyongyang denies a program for uranium enrichment, and 
they deny their proliferation activities, we believe North Korea 
continues to engage in both.''
  I am hopeful that President-elect Lee Myung-Bak will offer a new, 
effective approach to these challenges. To date, Lee Myung-Bak has 
argued that the previous administrations gave too much unconditional 
aid to buy reconciliation with the North. In a recent press conference, 
President-elect Lee said he would like to discuss human rights and the 
whereabouts of abducted South Koreans with Pyongyang. Such 
``controversial'' issues, amazingly, were taboo to previous governments 
which sat out a U.N. condemnation of North Korea's human rights abuses 
just last fall.
  Importantly, President-elect Lee is a strong proponent of the U.S. 
trade agreement. As the South Korean Army continues to strengthen, the 
economic relationship between our two countries will increasingly 
define this overall relationship. That is why I heard so much about the 
trade agreement on my trip to Korea last summer in my role as the vice 
chairman of the U.S.-Republic of Korea Interparliamentary Exchange.
  At a time when many are worried about the future of our economy, it 
is essential that we expand into foreign markets. The Korea-U.S. FTA 
will do just that, opening up Korean markets to U.S. products. If KORUS 
isn't passed, it won't just be our economy that will suffer, but our 
relationship with the Republic of Korea.
  In closing, I would like to congratulate President-elect Lee on his 
victory. In the past 60 years, the U.S.-Republic of Korea alliance has 
helped move both countries forward. I know many of us in Congress 
greatly look forward to the opportunity to work together to further our 
already-strong partnership.
  Madam Speaker, I reserve the balance of my time.
  Mr. PAYNE. Madam Speaker, I reserve the balance of my time.
  Mr. ROYCE. Madam Speaker, I would like to yield to the ranking 
member, Mr. Smith, for as much time as he may consume.
  Mr. SMITH of New Jersey. Madam Speaker, I congratulate the gentleman 
on his authorship of this fine resolution. I rise today to express my 
support for the resolution honoring the upcoming inauguration of Mr. 
Lee Myung-Bak as 17th President of the Republic of Korea.
  South Korea's rise from the ashes of war and subsequent evolution as 
a vibrant and prosperous democracy is truly one of the miracles of the 
second half of the 20th century.
  I believe that our Korean war veterans, who sacrificed so much and 
fought so valiantly, and all of the American people, can take great 
pride in the assistance that we provided for that remarkable evolution.
  Today, the bright lights in the night sky on the southern half of the 
Korean peninsula stand in marked contrast to the shadow of darkness 
that enfolds North Korea. North Korea is a tragic failed state and is 
one of the great losers of the Cold War; yet its starving yearn to 
breathe free and share in the prosperity of South Korea.
  The peaceful, democratic reunification of North Koreans with their 
southern brothers is a noble endeavor to which we should give our full 
and unflinching support.
  Mr. Lee's inauguration comes at a time when we have reached a 
crossroads on the Korean peninsula.
  North Korea must decide whether to completely and unconditionally 
renounce its nuclear weapons program and finally join the family of 
nations. Its alternative is to slip slowly into the abyss as a dynamic 
South Korea leaves it farther and farther behind.
  The fact that President Lee has given a firm indication that he 
wishes to work together with the United States and our allies as a team 
to resolve the North Korean nuclear crisis is welcome news indeed. Mr. 
Lee has also said that it is his priority to strengthen an alliance 
which was forged in the crucible of the Korean War.
  From the dark days of the Pusan perimeter to the brilliant Inchon 
landing, American, Allied, and South Korean troops all fought together 
in the drive to victory with the liberation of Seoul. This is in part 
the shared history of our two countries which has linked us in a common 
destiny.
  I would especially like to commend President Lee for raising the 
long-forgotten issue of the old soldiers of South Korea, left behind as 
POWs in the North and held against their will for over 50 years since 
the signing of the armistice. I would also like to note with extreme 
sadness that more than 8,000 U.S. servicemen remain missing in action 
from that conflict.
  Finally, the alliance and friendship between the Republic of Korea 
and the United States have been promoted and deepened by the many 
contributions of our own vibrant Korean American community. While ever 
mindful of the old country from which they came, Korean Americans have 
stepped forward in innumerable ways, in science, medicine, religion, 
business, education, music, athletics, and culture, to make invaluable 
contributions to the United States.

[[Page 1480]]

  In saluting President-elect Lee and the strength of our alliance, we 
also honor those Korean Americans who have ensured that the links 
between our two countries are truly the ties that bind.
  So, President-elect Lee, we wish you and your country Godspeed as you 
approach your inauguration on February 25.

                              {time}  1615

  Mr. PAYNE. Let me once again say that I certainly support this very 
timely resolution and urge that our two countries continue to forge 
strong relations.
  We, as has been mentioned, have a very strong Korean American 
community, even in my State of New Jersey. But also, I'd just like to 
mention, now that I'm thinking about it, several years ago I had the 
opportunity to visit a hospital in Ethiopia. A Christian organization 
built a hospital. Much of the funds came from individual businesspeople 
from South Korea. The Myung Sung Christian Hospital in Addis is the 
finest hospital in all of Ethiopia, and it was built by the Koreans who 
wanted to show their appreciation for Ethiopian soldiers who fought 
with them in the Korean War.
  And, as a matter of fact, it's very interesting that the South Korean 
Government still pays veterans a monthly stipend, those who are still 
alive, of course, and who served in that war, they send them a check 
every month to show their appreciation for the Ethiopians who fought. I 
don't know of many countries that have done anything like that.
  So, Mr. Royce, I certainly support your resolution.
  Mr. GARRETT of New Jersey. Madam Speaker, I am pleased that the House 
is considering H. Res. 947 today, congratulating Lee Myung-Bak on his 
election to the Presidency of the Republic of Korea. I was proud to 
cosponsor this resolution and I join with my fellow Members in wishing 
him well during his time of transition this month.
  When Lee Myung-Bak is inaugurated on February 25, I am confident that 
he will do much to broaden the longstanding relationship between the 
Republic of Korea and the United States of America. In the past month, 
he has already met with President Bush and Vice President Cheney, as 
well as several members of the President's Cabinet and Members of 
Congress.
  President-elect Myung-Bak is well-qualified to assume his new role. 
He earned a B.A. in Business Administration at the Korea University and 
later served as a Visiting Scholar at George Washington University here 
in Washington, DC before being awarded two Honorary Doctor of Economics 
degrees.
  Additionally, President-elect Myung-Bak's past professional 
experience has honed his vital business, diplomatic, and political 
skills. For 15 years, he was the CEO of 10 Hyundai Group affiliated 
companies. He then served as a National Assemblyman from 1992 to 1998 
before being elected Mayor of Seoul in 2002.
  I applaud President-elect Myung-Bak for expressing his commitment to 
free market policies that encourage both foreign and domestic 
investors. I look forward to the ratification of the United States-
South Korea Free Trade Agreement and I welcome his proposed plans to 
reduce trade restrictions and lower tax rates. Furthermore, as the 
Republic of South Korea assists in negotiating Pyongyang's 
denuclearization, I urge the President-elect to closely integrate U.S. 
and Japanese initiatives related to the Democratic People's Republic of 
Korea.
  Today, I join my colleagues in congratulating President-elect Myung-
Bak, and I wish him, his wife and four children success in the years 
ahead.
  Mr. BURTON of Indiana. Madam Speaker, I rise today in strong support 
of House Resolution 947, sponsored by my friend and colleague from 
California, Mr. Royce, which offers the House of Representatives' 
congratulations to Lee Myung-Bak on his election to the presidency of 
the Republic of Korea.
  Additionally, this resolution recognizes the very special and 
longstanding relationship between South Korea and the United States; a 
relationship whose modern day form was first forged in the heat of 
battle as U.S. and South Korean soldiers fought to defend South Korea 
from aggression by Communist North Korea. In fact, our history of 
friendship reaches beyond the past century; and just last year we 
celebrated the 125th anniversary of the Korean American Treaty of 
Peace, Amity, Commerce and Navigation which was signed in 1882.
  In my opinion, it is hard to overestimate the importance of the close 
bond between the United States and South Korea. The United States and 
Korea have a mutual defense treaty that dates back to 1953, and Korea 
has supported U.S. military efforts abroad, as recently as in both Iraq 
and Afghanistan. Korea has been one of only four partners and allies 
that stood with us through all four major conflicts since World War II. 
In addition, South Korea demonstrated her great friendship and 
generosity in the aftermath of Hurricane Katrina, pledging over $30 
million in aid for relief and recovery efforts--the fourth largest 
amount donated by any foreign country.
  On June 30, 2007, representatives of both governments signed the 
historic United States-Korea Free Trade Agreement. If and when this 
agreement is approved by Congress I believe it will increase trade and 
investment flowing through our agriculture, industrial, consumer 
products, automobile and financial services sectors. I believe this 
agreement will enhance the strong partnership between two great 
democratic nations and will open the door wider to the exchange of 
science and ideas that will cause us both to continue to prosper.
  This agreement is a natural extension of the strong affinity between 
our two countries, marked by extraordinary diplomatic, political, 
military, and economic cooperation. Although the devil is always in the 
details, I understand that this agreement could potentially be the most 
commercially-significant free trade agreement signed by the United 
States in more than a decade.
  As many of my colleagues already know, South Korea is already the 
United States' seventh largest export market and sixth largest market 
for U.S. agricultural products. In fact, according to the latest 
statistics, our annual bilateral trade totals nearly $80 billion. Any 
agreement that can open up more Korean markets to U.S. goods and 
services can only have a positive effect on the American economy by 
creating more and better jobs, enriching consumer choice, and boosting 
U.S. industry and manufacturing.
  Koreans have invested nearly $20 billion in the United States, and 
have created American jobs through companies like Hyundai Motors, 
Samsung Electronics, and Kia Motors. And as the largest investor in 
Korea, the United States already has a leading presence in that 
country.
  As I have said before and will continue to say, I think it is 
important to note that trade relationships do more than just facilitate 
economic growth; this FTA recognizes our special relationship with 
South Korea that I mentioned before and makes the strong statement that 
we will continue to stand with our allies.
  South Korea is the fifth largest tourism-generating country to the 
United States with over 800,000 Koreans visiting the U.S. every single 
year. This number is expected to double (at the minimum) when South 
Korea joins the Visa Waiver Program. According to the Department of 
Homeland Security, South Korea also has the largest foreign student 
population in the U.S. Nearly 2 million Americans of Korean descent 
live in communities all across our Nation, representing all walks of 
life and making innumerable contributions to the enrichment of our 
Nation's culture and economy.
  South Korea is a strong, unwavering ally in the U.S.-led Global War 
on Terror, having dispatched the third largest contingent of troops to 
Iraq, and to Afghanistan (where a South Korean soldier was killed 
during hostile action), and to Lebanon in support of peacekeeping 
operations; and South Korea is a key partner in the Six-Party Talks to 
resolve North Korea's nuclear issue.
  I firmly believe that South Korea may be the premier success story of 
U.S. foreign policy in the post-World War II period. Having assisted 
South Korea in transforming itself from a war-torn, impoverished 
economy into a successful democracy with a free enterprise economy (the 
world's 11th largest), South Korea is now an indispensable partner with 
the United States in promoting democracy, a free market economy and 
respect for the rule of law around the world.
  I believe that President-Elect Myung-Bak understands and appreciates 
the important history behind our bilateral relations. His desire to 
better relations with the United States through an emphasis on free 
market solutions encourages me that the work we have begun will 
continue to grow under his leadership. I look forward to a continuation 
of the United States-South Korean partnership during the President-
Elect's term and for many years beyond.
  I strongly urge my colleagues to support H. Res. 947 and join me in 
congratulating President Lee Myung-Bak, and extending to him the very 
best wishes of the House of Representatives as he assumes office later 
this month.
  Mr. FALEOMAVAEGA. Madam Speaker, let me first commend our 
distinguished colleague

[[Page 1481]]

and member of the Committee on Foreign Affairs Subcommittee on Asia, 
the Pacific and the Global Environment, my good friend and colleague, 
the gentleman from California (Mr. Royce) for being the author of and 
introducing this important resolution.
  The underlying context for this important resolution, which 
congratulates President-elect Lee Myung-Bak and wishes him well as he 
assumes his new duties on February 25, 2008, is that the Republic of 
Korea has, through the industrious will of its people and the 
unyielding leadership of its elected officials, transformed itself into 
a successful democratic nation.
  As the twentieth century taught us all too well, democratic 
governance is a fragile enterprise. That the Republic of Korea, in 
merely six decades, emerged from the ashes of colonial rule and war 
torn poverty to become the eleventh largest economy in the world and 
America's seventh largest trading partner, is a tribute to their strong 
democratic principles and indelible desire to live peacefully and 
prosperously despite the enormous challenges facing the Korean 
Peninsula and the Northeast Asia region.
  Madam Speaker, the strong alliance between the United States and the 
Republic of Korea has proven itself to be a relevant and resilient 
relationship since our involvement when we fought side by side in the 
Korean War nearly 58 years ago. Out of that often ``forgotten'' 
conflict was born one of the most significant dividing lines of the 
Cold War, the demilitarized zone on the 38th parallel but, at the same 
time, one of the most successful alliances in our Nation's history.
  The Republic of Korea has remained a steadfast ally of the United 
States. South Korea has contributed the third largest coalition troop 
contingent in Iraq, pledged $460 million toward postwar reconstruction 
and had previously also committed troops for peacekeeping operations in 
Afghanistan, and Lebanon. As a key member of the Six-Party Talks to 
denuclearize North Korea, the Republic of Korea shares an important 
responsibility for broader security in Northeast Asia. Today, we are 
committed absolutely to compelling the North Korean regime to eliminate 
its nuclear program and to ensuring that promises made by Pyongyang 
are, in fact, followed through with verifiable action.
  The combination of South Korea's efforts to stand alongside the 
United States in meeting the global threats of the 21st century as well 
as the North Korean challenge makes this resolution particularly 
important today. President-elect Lee Myung-Bak has stated that he 
``will do [his] best to resolve the North Korean nuclear problem 
through cooperation and a strengthened relationship with the United 
States.'' I am very encouraged by President-elect Lee's remarks and, as 
Chairman of the Subcommittee on Asia, the Pacific and the Global 
Environment, I look forward to working with his administration to this 
end.
  What is clear from our longstanding relationship over the past half-
century is that it is reciprocal. As President-elect Lee's Special 
Envoy to the United States, Dr. Chung Mong-Joon, said recently after 
meeting Deputy Secretary of State John Negroponte last month, ``We both 
need each other.'' Let me also take this opportunity to once again 
congratulate my good friend, Dr. Han Seung-soo, on his nomination to 
become Prime Minister. I am confident that Dr. Han's nomination will 
serve to further consolidate our alliance partnership under President-
elect Lee's leadership.
  Madam Speaker, many years ago, I served in the U.S. Army during the 
Vietnam War, and I remember vividly the presence of more than 300,000 
soldiers from South Korea who bravely served and fought alongside our 
American forces. Through that particular experience, I learned quickly 
and firsthand, the special friendship and bond that existed between the 
United States and the Republic of Korea.
  I personally will never forget the sacrifices that South Korean 
soldiers made in that terrible conflict in Vietnam. In fact, South 
Korea has the unique distinction of being one of only four allies that 
fought alongside the United States in all four major conflicts since 
World War II and I hope that my other colleagues will join me in 
thanking the leaders and people of the Republic of Korea for the untold 
sacrifices they made to be with us when we needed help.
  This resolution, while focusing on the peaceful, democratic 
transition to the presidency of Lee Myung-Bak, honors our special 
alliance but also welcomes a strengthening and deepening of the 
relationship between our two countries and our two peoples.
  I have had the privilege on several occasions to visit the Republic 
of Korea and I have observed that the South Korean people are among the 
most industrious men and women in the world. However this trait for 
hard work and entrepreneurship developed, it has carried over despite 
geographic distance to the more than two million Americans of Korean 
heritage and descent that live throughout our own country today. The 
vibrant Korean American communities across the United States include 
some of the most prominent individuals that have contributed to every 
facet of American life in every state and territory.
  Madam Speaker, this resolution is very important to show our sense of 
appreciation to all South Koreans, to express how much we care about 
them and how important they are to our strategic and economic interests 
in that important region of the world. Its effect is not just to 
deliver good wishes to President-elect Lee as he assumes office on 
February 25, but to send a message of solidarity to the government and 
people of the Republic of Korea and to the soldiers who have fought 
side by side with the men and women of our own armed forces over the 
past nearly 60 years.
  For all these reasons, this resolution is most fitting, and proper. I 
wish to congratulate President-elect Lee Myung-Bak and commend again my 
good friend, the gentleman from California, for offering and proposing 
this resolution. I strongly encourage my colleagues to offer their own 
expressions of support and urge the House to adopt this resolution 
today.
  Ms. WATSON. Madam Speaker, I want to commend Mr. Royce on sponsoring 
H. Res. 947, a resolution congratulating Lee Myung-Bak on his election 
to the Presidency of the Republic of Korea and wishing him well during 
his transition and inauguration on February 25, 2008.
  The United States and Korea share a longstanding and special 
relationship. Our strong alliance is rooted in the common principles of 
freedom and democracy. Today that relationship has blossomed into a 
strong economic partnership in which the Republic of Korea has become 
one of the United States' major trading partners. In my State of 
California, Korea is the State's fifth largest trading partner and the 
Los Angeles Custom District's third largest trading partner, with $18 
billion in two-way trade annually.
  In my congressional district in Los Angeles, Hollywood, and Culver 
City, ethnic Koreans have built a thriving business and cultural area 
known as Koreatown. Many maintain close cultural, business, and family 
ties to their homeland. Accordingly, it is my hope that the Republic of 
Korea will be fully admitted into the Visa Waiver Program in the very 
near future so that we may share even closer people-to-people exchanges 
between our two countries.
  H. Res. 947 is also timely and important due to the ongoing Six-Party 
Talks and current attempts to dismantle North Korea's nuclear weapons 
program. President-elect Lee has pledged to make the denuclearization 
of the Korean Peninsula a priority of his administration. In order to 
achieve the goal of a nuclear free Korean Peninsula, the Republic of 
Korea will need the full support of the United States.
  Madam Speaker, as co-chair of the Congressional Caucus of Korea and 
the U.S.-Korea Inter-Parliamentary Exchange and as a member of the 
House Subcommittee on Asia, the Pacific and Global Environment, I am 
committed to ensuring that the rock-solid U.S.-Korea alliance remains 
relevant, resilient, and enduring.
  For these reasons, I again congratulate President-elect Lee on his 
electoral victory and am certain that I speak for all of my 
Congressional colleagues in wishing him the best.
  Mr. TOWNS. Madam Speaker, I rise today in strong support of H. Res. 
947 which welcomes the new President of the Republic of Korea, Lee 
Myung-Bak, and congratulates him on his upcoming inauguration later 
this month. I am pleased to be a cosponsor of this important 
resolution.
  Madam Speaker, not a little more than a half century ago--within 
living memory of several Members of this House, most notably our 
distinguished Chairman of the House Ways and Means Committee, my dear 
friend Mr. Rangel--the Republic of Korea was an impoverished casualty 
of imperialism and war. It has since grown to be affluent and 
productive beyond the wildest dreams of the American and South Korean 
soldiers who fought shoulder-to-shoulder for freedom and democracy 
during the Korean War.
  There are over two million Americans of Korean descent living 
throughout the United States, from Hawaii, where the first Korean 
immigrants landed a little more than a century ago, to New York, which 
is home to one of the largest and most vibrant Korean American 
communities in the Nation. It is important to note that Korean 
Americans have made significant contributions in New York politically, 
economically, culturally and through their various civic and religious 
organizations.
  The newly elected President of the Republic of Korea is a 
distinguished statesman and prominent business leader. President-elect

[[Page 1482]]

Lee Myung-Bak has served as a Member of the South Korean National 
Assembly; he was Mayor of Seoul, South Korea's largest city and 
capital; he has been a visiting scholar at the George Washington 
University; and he has been the chief executive officer of some of the 
Republic of' Korea's most successful business corporations affiliated 
with the Hyundai Group. He has distinguished himself over the years in 
both the public and private sectors.
  Madam Speaker, President-elect Lee has indicated, in several 
statements he has made since his election, a profound desire to 
strengthen the already strong friendship and partnership between the 
Republic of Korea and the United States. I applaud President-elect Lee 
for this commitment and look forward to working with him and 
administration to this end. I join my colleagues in congratulating and 
wishing him and his transition team well as they take up their new 
responsibilities.
  Mr. PAYNE. Madam Speaker, I have no more requests for time, and I 
yield back the balance of my time.
  Mr. ROYCE. Madam Speaker, I yield back the balance of my time as 
well.
  The SPEAKER pro tempore (Mrs. Jones of Ohio). The question is on the 
motion offered by the gentleman from New Jersey (Mr. Payne) that the 
House suspend the rules and agree to the resolution, H. Res. 947.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. PAYNE. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




  EXTENDING PARITY IN APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH 
                                BENEFITS

  Mr. PALLONE. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 4848) to extend for one year parity in the application of 
certain limits to mental health benefits, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 4848

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PARITY IN APPLICATION OF CERTAIN LIMITS TO MENTAL 
                   HEALTH BENEFITS.

       (a) Amendment to the Internal Revenue Code of 1986.--
     Section 9812(f)(3) of the Internal Revenue Code of 1986 is 
     amended by striking ``2007'' and inserting ``2008''.
       (b) Amendment to the Employee Retirement Income Security 
     Act of 1974.--Section 712(f) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1185a(f)) is amended 
     by striking ``2007'' and inserting ``2008''.
       (c) Amendment to the Public Health Service Act.--Section 
     2705(f) of the Public Health Service Act (42 U.S.C. 300gg-
     5(f)) is amended by striking ``2007'' and inserting ``2008''.

     SEC. 2. INCLUSION OF MEDICARE PROVIDERS AND SUPPLIERS IN 
                   FEDERAL PAYMENT LEVY AND ADMINISTRATIVE OFFSET 
                   PROGRAM.

       (a) In General.--Section 1874 of the Social Security Act 
     (42 U.S.C. 1395kk) is amended by adding at the end the 
     following new subsection:
       ``(d) Inclusion of Medicare Provider and Supplier Payments 
     in Federal Payment Levy Program.--
       ``(1) In general.--The Centers for Medicare & Medicaid 
     Services shall take all necessary steps to participate in the 
     Federal Payment Levy Program under section 6331(h) of the 
     Internal Revenue Code of 1986 as soon as possible and shall 
     ensure that--
       ``(A) at least 50 percent of all payments under parts A and 
     B are processed through such program beginning within 1 year 
     after the date of the enactment of this section;
       ``(B) at least 75 percent of all payments under parts A and 
     B are processed through such program beginning within 2 years 
     after such date; and
       ``(C) all payments under parts A and B are processed 
     through such program beginning not later than September 30, 
     2011.
       ``(2) Assistance.--The Financial Management Service and the 
     Internal Revenue Service shall provide assistance to the 
     Centers for Medicare & Medicaid Services to ensure that all 
     payments described in paragraph (1) are included in the 
     Federal Payment Levy Program by the deadlines specified in 
     that subsection.''.
       (b) Application of Administrative Offset Provisions to 
     Medicare Provider or Supplier Payments.--Section 3716 of 
     title 31, United States Code, is amended--
       (1) by inserting ``the Department of Health and Human 
     Services,'' after ``United States Postal Service,'' in 
     subsection (c)(1)(A); and
       (2) by adding at the end of subsection (c)(3) the following 
     new subparagraph:
       ``(D) This section shall apply to payments made after the 
     date which is 90 days after the enactment of this 
     subparagraph (or such earlier date as designated by the 
     Secretary of Health and Human Services) with respect to 
     claims or debts, and to amounts payable, under title XVIII of 
     the Social Security Act.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 3. DEPOSIT OF EXCESS SAVINGS IN PAQI FUND.

       (a) In General.--In addition to any amounts otherwise made 
     available to the Physician Assistance and Quality Initiative 
     Fund under section 1848(l)(2) of the Social Security Act (42 
     U.S.C. 1395w-4(l)(2)), there shall be made available to such 
     Fund--
       (1) $93,000,000 for expenditures during or after 2009;
       (2) $212,000,000 for expenditures during or after 2014; and
       (3) $44,000,000 for expenditures during or after 2018.
       (b) Obligation.--The Secretary of Health and Human Services 
     shall provide for expenditures from the Fund specified in 
     subsection (a) in a manner designed to provide (to the 
     maximum extent feasible) for the obligation of the entire 
     amount specified in--
       (1) subsection (a)(1) for payment with respect to 
     physicians' services furnished during or after January 1, 
     2009;
       (2) subsection (a)(2) for payment with respect to 
     physicians' services furnished on or after January 1, 2014; 
     and
       (3) subsection (a)(3) for payment with respect to 
     physicians' services furnished on or after January 1, 2018.

     SEC. 4. PROTECTION OF SOCIAL SECURITY.

        To ensure that the assets of the trust funds established 
     under section 201 of the Social Security Act (42 U.S.C. 401) 
     are not reduced as a result of the enactment of this Act, the 
     Secretary of the Treasury shall transfer from the general 
     revenues of the Federal Government to those trust funds the 
     following amounts:
       (1) For fiscal year 2008, $1,000,000.
       (2) For fiscal year 2009, $5,000,000.
       (3) For fiscal year 2010, $1,000,000.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Pennsylvania (Mr. Tim 
Murphy) each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Madam Speaker, I yield myself such time as I may 
consume.
  I rise to urge support for this bill which was developed jointly by 
the Energy and Commerce Committee, the Ways and Means Committee, and 
the Education and Labor Committee. This bill would extend the Mental 
Health Parity Act of 1996, the first-ever Federal parity law.
  Over 10 years ago, Congress passed and President Clinton signed into 
law legislation that required partial parity by mandating that annual 
and lifetime dollar limits for mental health treatment under group 
health plans offering mental health coverage be no less than that for 
physical illnesses. This legislation was authorized for 5 years, and 
has been extended every year with bipartisan support since its initial 
authorization expired. The bill before us would extend the Mental 
Health Parity Act for another year. I urge my colleagues on both sides 
of the aisle to support its passage.
  Madam Speaker, let me also say that while the 1996 law was a good 
first step, we clearly have much further to go before we can achieve 
full mental health parity. That is why it is imperative that we pass 
H.R. 1424, the Paul Wellstone Mental Health Parity and Addiction Equity 
Act of 2007, introduced by my colleagues Representative Patrick Kennedy 
and Representative Jim Ramstad. I want to congratulate and thank both 
of them. Mr. Kennedy will be speaking shortly in favor of his 
legislation.
  In spite of the 1996 law and widespread recognition that mental 
illness

[[Page 1483]]

and substance abuse are treatable illnesses, there still exist glaring 
inequities between health insurance coverage for mental health and that 
for other medical conditions. As we all know, these inequities can have 
dire consequences for friends, families and society in general. H.R. 
1424 will take our Nation one step further to ensuring that every 
American can access the mental health, substance abuse and addiction 
treatment that they need to live healthy, happy and productive lives.
  Madam Speaker, by putting mental health on par with medical and 
surgical benefits, we will be improving the availability and 
affordability of health care for those who suffer from mental health 
illnesses and addiction diseases. This will not only reduce the pain 
and anguish of many of our constituents and their families, but will 
benefit our Nation as a whole. So let's extend the good work that has 
already been done and work together to build upon the framework so that 
we can improve the lives of millions of Americans.
  I reserve the balance of my time, Madam Speaker.
  Mr. TIM MURPHY of Pennsylvania. Madam Speaker, I yield myself as much 
time as I may consume.
  We're gathered here today to debate or support H.R. 4848, a bill 
which extends that which Congress has passed before, and that was an 
important bill for its time. It's an important bill to extend for, in 
doing so, we acknowledge the innate value of helping those suffering 
from mental illness. We 
acknowledge in Congress that for those who suffer these afflictions, 
they may be relieved of that suffering through receiving necessary 
treatment.
  In compassion, we as a body extend our hand in support of those who 
suffer the pains of mental illness. We acknowledge that their illnesses 
are real, and that the appropriate treatments give them hope to slough 
off the yoke of their illness and again become a fully productive 
member of our Nation, our workplace and our family.
  The significance of this act may be overshadowed by other events of 
the day, but it is essential that we not fail to appreciate the value 
of this moment, not only in terms of what this bill does but what it 
does not do and, moreover, why we need to enact this law at all.
  First to the reasons for this bill. As John Adams said, ``Our 
Constitution was made only for a moral and religious people. It is 
wholly inadequate to the government of any other.''
  He made that comment not because our Constitution is a vehicle to 
support any particular religion; rather, he noted the inherent 
inadequacies of any body of laws, and that they cannot replace the 
moral light that should guide us when no law has yet been writ to 
define that path.
  Indeed, we cannot legislate common sense, we cannot mandate morality, 
and we cannot litigate compassion. We can, however, establish laws to 
define the limits of what can be tolerated. And where the laws do not 
apply, we hope that the goodness and faith that guides our hearts is 
sufficient to drive us to do the right thing.
  Unfortunately, when it comes to dealing with mental illness, our 
society, our culture and our government has failed to do the right 
thing. We have spent billions, hundreds of billions, I dare say, over 
the years to help those with mental illness, but we have remained 
short-sighted at best, or blind at worst as to what we truly must do.
  It is my wish that people would be personally guided by their own 
sense of justice and compassion to do the right thing in the treatment 
of mental illness. Instead, we remain willfully and woefully ignorant 
to the causes, the diagnoses, and the treatment of mental illness. We 
have denied its very existence, perhaps wasting our hope in the hope it 
would go away. We have instead tried to wish away its effects. We have 
minimized the impact, trivialized the causes, and criticized the 
patients. We have used words to make mental illness the butt of cruel 
jokes. We have used words like ``crazy'' or ``retarded'' or ``idiot,'' 
as if attaching a derogatory label would free us from the 
responsibility for helping or treating those with these illnesses.
  I ask you: Would we use such disparaging remarks to describe persons 
with cancer, with diabetes, with heart disease? Could demeaning words 
make any of those diseases disappear or less painful? Can derisive 
words motivate someone to seek help? No, instead they drive the person 
further into the shadows to deny their own illness, to avoid treatment 
and not even help themselves.
  In many ways, we have not advanced very far beyond the days of the 
Salem witch trials when those with mental illness were ignorantly tried 
as criminals, sentenced to death, or cruelly treated with torture.
  Think this is not true today? Well, think again. Our prisons are 
filled with persons who suffer from mental illness. Our courts are 
packed with victims of child abuse or sex abuse. Our churches are 
filled with those who are praying to be relieved of the terrible 
strains befalling them. Families break up. Jobs are lost. Children fail 
in school and lives are lost from untreated mental illness. And yet we 
continue to deny it is there and place barriers between the patient and 
the cure.
  In my many years of practicing psychology, I have never, never met a 
patient who was cured by denial. But denial is the common treatment for 
so many when it comes to acknowledging or treating mental illness.
  Listen, you cannot whisper it away, for even in the silence, even in 
the darkness, mental illness cries out for help.
  One in five Americans will suffer from a diagnosable mental illness. 
One in 10 young people suffer from mental illness severe enough to 
cause some form of impairment.
  Untreated drug and alcohol addictions cost Americans $400 billion 
each year. A Rand study estimated that depression alone cost employers 
$51 billion per year in absenteeism and lost productivity.
  Suicide is the eighth leading cause of death in the United States. 
More years of life are lost to suicide than any other single cause 
except heart disease and cancer.
  Thirty thousand Americans commit suicide annually, and half a million 
attempt it. Among college students, three die each day from suicide.
  The Federal Government estimates that about 12\1/2\ million people 
have alcohol problems. It costs businesses $134 billion a year in lost 
productivity.
  Does treatment work to help people with mental illness? Yes, it does. 
Studies of depression in the workplace have shown thousands of dollars 
of savings per employee when they receive treatment.
  We note that when 80 percent of health care costs are used to treat 
chronic illness, that the risk for depression doubles among those who 
are chronically ill and not receiving treatment. The cost doubles as 
well.
  The combination of appropriate medication and treatments have been 
very effective in treating anxiety, depression, bipolar illness and 
behavior disorders. But when health plans do not pay for appropriate 
professional care, where does the treatment come from?
  Seventy-five percent of psychiatric medications are prescribed by 
non-psychiatrists. Now look at that in the context of other illnesses. 
Would we tolerate it if 75 percent of insurance plans said that most 
babies would be delivered by people with minimal training? How about 
requiring that brain surgery is done by those who only had a few weeks 
of training in medical school. Would we accept that? We would not.
  This bill extends what we have done before. It helps in a small but 
important way. But it does not move us to where we need to be. Perhaps 
the lesson here is that there are many things we need to do for 
ourselves, many things we need to do to reach out to others and help. 
But it does not cure the barriers. It does not identify which diagnoses 
need to be treated. We will need to do more. Eventually we as a Nation 
need to come to terms with what needs to be done. The cost savings of 
providing the right treatment are huge. The costs of continuing to 
provide the wrong care, or denying care, are massive.
  As Benjamin Franklin said, ``By failing to prepare, you are preparing 
to fail.''

[[Page 1484]]

  Madam Speaker, I reserve the balance of my time.
  Mr. PALLONE. Madam Speaker, I yield 3 minutes to the gentleman from 
Rhode Island (Mr. Kennedy), who has probably done more to address the 
issue of mental health parity than any Member of Congress. He actually 
came to my district, we had a hearing on the issue, and I really 
appreciate all that he has done on the issue.
  Mr. KENNEDY. I thank Chairman Pallone for his work in bringing the 
extension of this mental health parity law to the floor. I want to 
acknowledge his help on H.R. 1424, the Paul Wellstone Mental Health and 
Addiction Act, and say I join him in saying today is a great start in 
us extending this law on lifetime and annual limits. But, as he 
mentioned, we want to get full parity, which means we want to get the 
real bill that extends full coverage of mental illnesses to all health 
insurance plans. Just as we would expect health insurance plans to 
cover the rest of our body, cancer, diabetes, everything else, we 
shouldn't expect any less for mental illnesses.
  And yet, unlike many other physical illnesses, mental illnesses are 
excluded from most health insurance plans. In fact, 98 percent of our 
health insurance plans in America charge higher copays and deductibles 
for mental illnesses simply because of stigma, simply because of 
discrimination.

                              {time}  1630

  Because of the shame and because Americans are too afraid to say that 
they are willing to say enough is enough, and they're not willing to 
say that's wrong, and they're not going to sit idly by while insurance 
companies say that they can get away with it, we in the Congress ought 
to stand up and say, enough is enough. We are going to pass the law 
that says civil rights matter in this country, and if you are born with 
a mental illness, just as if you were born with any kind of physical 
disability, you should not be discriminated against. And that is what 
we mean when we say we want to pass the Paul Wellstone Mental Health 
and Addiction Equity Act. We can't afford any more days without this 
law.
  As my good friend said over here, each year 1.3 billion workdays are 
lost due to mental disorders, more than any other, arthritis, stroke, 
heart attack, or cancer combined.
  We cannot afford one more day without parity because the Department 
of Justice estimates that drug-related crime costs our Nation $107 
billion a year. We cannot afford one more day without parity because 80 
percent of the trauma-related admissions in our emergency rooms in this 
country are drug- and alcohol-related, implicated in car accidents, 
shootings, stabbings, and domestic and violent incidences, as well as 
overdoses.
  We cannot afford one more day without parity because workers' 
untreated depression cost their employers $31 billion a year in lost 
productivity and cost their employers $135 billion in lost productivity 
just due to alcoholism alone.
  I will tell you this: We are paying for this in so many other ways, 
we cannot afford not to spend the money on treatment up front.
  But the fact of the matter is, insurance companies continue to deny 
treatment. Just take one case of Katie Kevlock, a 16-year-old from 
Pennsylvania. The insurance company said to her, It is not enough that 
you came in here hooked on heroin. We need to see you overdose before 
we are going to give you treatment coverage.
  Guess what her mother said? Well, I'm not sure my daughter's got an 
overdose in her before I can bring her back for her treatment.
  Well, guess what? She, of course, overdosed, and she didn't survive 
that overdose. But that's what that insurance company demanded. They 
demanded that she have an overdose before she qualified for treatment, 
but she didn't survive that overdose. She died like millions of other 
Americans, and that is the cost of us not providing treatment.
  Treatment works. Recovery works. We need to end the stigma of mental 
illness and addiction in our society. That's why we need to pass H.R. 
1424, the Paul Wellstone Mental Health and Addiction Equity Act; and 
that's why we need to extend the bill today to provide one more year of 
annual lifetime limits for the current parity law.
  Mr. TIM MURPHY of Pennsylvania. Madam Speaker, I appreciate the 
compassion and passion of my friend from Rhode Island who has been such 
a leader in mental health parity.
  I yield such time as he may consume to the gentleman from New Jersey 
(Mr. Ferguson), another great leader whose heart goes out to those in 
need of mental health issues.
  Mr. FERGUSON. Madam Speaker, I want to thank the gentleman from 
Pennsylvania for the time. I want to thank Chairman Pallone for his 
work on this legislation as well.
  I rise today in support of H.R. 4848. This important legislation will 
extend the current mental health parity laws to individuals that 
desperately need coverage and care.
  Madam Speaker, I dare say every single one of us in this Chamber, and 
probably everyone we know, knows someone, cares about someone, perhaps 
a member of our very own family, who has faced the challenge of mental 
illness and who could benefit from additional mental health coverage.
  Thousands and thousands of people suffer from mental health illnesses 
and addictions in our country. My family is no different from any other 
family who maybe has a loved one or a member of that family who has 
dealt with these very significant and difficult problems. This 
legislation would continue bringing much-needed treatment to those who 
are in such need.
  Addictions and mental illnesses are afflictions that have long been 
stigmatized and brushed aside by our society and our institutions. Not 
only is this societal perception deterring many individuals from 
seeking and receiving much-needed treatment, but also the lack of 
insurance coverage for such treatments prevents many individuals from 
gaining access to the critical help and the treatments that they need.
  Many individuals go months or maybe even years without treatment for 
serious illnesses due to the stigma that our society has placed on 
these serious diseases. They feel like they must hide their illness 
from their friends or their family while trying to lead a normal life.
  However, these illnesses and the individuals who suffer from them 
deserve care and treatment just as if they were suffering from some 
other illness or disease. The victims of mental illness should no 
longer have to suffer in silence and in secret.
  For too long, people have been told they must take care of themselves 
while battling these diseases and illnesses. Those battling their 
debilitating effects haven't been able to receive the stability of care 
that's available when adequate health insurance coverage is in place.
  The legislation we are considering today takes steps in the right 
direction by continuing the current mental health parity laws. However, 
current laws are not perfect, and they need to be amended to improve 
the health care of mental addictions and illnesses in our country.
  I have been a proud cosponsor of the mental health parity efforts in 
the past, and I will continue to be an ardent supporter of these 
efforts to have full mental health parity in America. I support 
legislation that was already mentioned, the Paul Wellstone Mental 
Health and Addiction Equity Act, which is legislation that would make 
full mental health parity the law of the land. This legislation is 
needed, and it should have been passed long ago.
  This legislation has been championed by my good friend Patrick 
Kennedy, the Member from Rhode Island, who we just heard from. He's 
been such a leader on this effort, and he and Jim Ramstad of Minnesota, 
from our side of the aisle, have really worked so hard and so 
diligently on this legislation. I really believe that through their 
work, and the work of many of us, we will help to deliver what people 
battling addiction and mental illness have long needed and want; that 
is, the help that they need.
  We have to continue to ensure that every individual has access to the

[[Page 1485]]

health care coverage that they need. Every single individual that's 
affected by these sicknesses should not be without mental health 
coverage in our country.
  I urge my colleagues to support H.R. 4848 to continue to provide 
mental health coverage to the thousands of individuals who are so 
desperately in need of that help.
  Mr. PALLONE. Madam Speaker, I yield 3 minutes to the gentleman from 
Maryland (Mr. Sarbanes).
  Mr. SARBANES. Madam Speaker, I want to thank my colleague 
Representative Pallone on his work on H.R. 4848 which is important for 
us to support because it does extend certain mental health coverages. 
But as we've all been saying here today, it is just as important that 
we continue to work very hard to enact and pass H.R. 1424, which is the 
Paul Wellstone Mental Health and Addiction Equity Act, and I want to 
salute Representatives Ramstad and Kennedy for their tremendous work on 
this bill.
  Mental health parity is the right thing to do. Clearly, there are so 
many individuals and families that are in pain in this country because 
they are not receiving the mental health counseling services, the 
substance abuse and addiction treatment services that they deserve and 
that our society ought to provide to them.
  But it is also the smart thing to do. All of the statistics, even if 
you just wanted to look at this through the cold, calculating lens of 
what the bottom line represents in terms of cost to our system and our 
society, all of the studies that have been done show that there are 
tremendous savings to be had if we focus on these kinds of service.
  There have been many statistics that have been cited today. I will 
cite a few more. Depressed workers lose 5\1/2\ hours per week of 
productive work time. That adds up to tens of billions of dollars lost 
a year to employers. Alcohol-related illness and premature death cost 
over $130 billion in lost productivity in 1998, and the statistics go 
on and on and on.
  Even the most tightfisted insurer will discover very quickly once we 
have mental health parity in place that the costs are a lot and that, 
in fact, there are savings to be had as you reallocate dollars to 
mental health treatment and substance abuse treatment in terms of the 
savings in related medical treatment.
  So it is absolutely the right thing to do, and particularly at this 
time when we have so many stories of returning veterans who are 
suffering from traumatic brain injury, from mental health issues and 
need the support that can come from this, from this larger bill, from 
the Paul Wellstone Act.
  So I urge my colleagues to support this extension through H.R. 4848 
of certain mental health coverages, but I join all those who are 
advocating very strongly that we move forward and enact the larger 
bill, the Paul Wellstone Mental Health and Addiction Equity Act of 
2007.
  Mr. TIM MURPHY of Pennsylvania. Madam Speaker, I am just inquiring 
how much time we have remaining.
  The SPEAKER pro tempore. The gentleman from Pennsylvania has 9\1/2\ 
minutes, and the gentleman from New Jersey has 10\1/2\ minutes.
  Mr. TIM MURPHY of Pennsylvania. Madam Speaker, I yield myself as much 
time as I may consume.
  Madam Speaker, one of the important points that we need to recognize 
as we address these issues of mental health and mental illness today 
are the causes. For so often, as I described earlier, when people are 
thinking about or talking about mental illness, we oftentimes do not 
understand that it really is a problem of brain functioning. It's 
written off too often as the worried well of people complaining or 
malingering, when really we need to understand the following.
  When we're talking about problems with heart disease, it's easy to 
look upon those problems, to look at X-rays and other tests and MRIs 
and see if the function of the heart is appropriate, if the valves are 
working, if the arteries and veins are blocked or free.
  When we look at other illnesses throughout the body, there are so 
many tests which we have grown accustomed to, MRIs, CT scans, EKGs, et 
cetera. And we look at those things and we're able to see that 
something is wrong based upon the results of those tests.
  One of the problems with mental illness, leading to the prejudices 
about mental illness, is that there are no tests like that. One cannot 
take an X-ray of the brain and say that the person has depression or 
anxiety disorder or bipolar illness. There have been multiple studies 
looking at patterns that may show up on some tests. But my point is 
this: Just because we cannot see it on a medical test like that does 
not mean it does not exist.
  Back in the 1800s, Louis Pasteur described the microbes that finally 
led us to understand about germs and diseases. Before that, no one had 
any tests to look at that. It did not mean they didn't exist. That 
merely meant that we did not know that they were there. But it was a 
full century later before we found that one could treat diseases with 
antibiotics, and we're still learning more about it.
  So, too, it is important we understand that so often when discussing 
these issues of mental illness treatment, people raise the question 
that you cannot really test for it. Now, those are areas that science 
and research are still needed to determine what we can do, but it does 
not mean they don't exist just because we cannot find those.
  Instead, what we rely on is the comments made by persons themselves 
or watching the behavior of persons because, indeed, those are the 
indicators that tell us something is wrong with the function of the 
human brain. It is a neurological problem. It is a neurobehavioral 
exhibition of those problems. It is those problems that we have to 
understand that sometimes are treated with medication and sometimes are 
treated with counseling and sometimes both, but we have to make sure we 
understand that we cannot write these off with treatments just by 
ignoring them or just saying that someone else without treatment 
because an insurance plan will cover that is enough.

                              {time}  1645

  Many times cardiologists will tell us that they recognize when they 
give someone a diagnosis that it's terminal or severe, that many of 
those patients will themselves exhibit symptoms of depression, so they 
automatically write a prescription for an anti-
depressant drug. That's not enough.
  The comments I made before about how, when a person has a chronic 
illness, their health care costs can double if they have untreated 
depression, that alone should wake us up to understand that we need to 
be treating mental illness, not ignoring it. That alone should wake up 
employers to understand that improved productivity and lowered health 
care costs should be enough to motivate us to do that. That alone 
should be information that the Congressional Budget Office, who scores 
these bills, should tell us that there are scores that are important in 
terms of savings. Unfortunately, they don't tell us scores for 
prevention. And so it goes on.
  These are things we need to be continuing to do, and that's why we 
will continue to support this bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. PALLONE. Madam Speaker, I yield 3 minutes to the gentlewoman from 
Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Madam Speaker, allow me to thank the 
distinguished gentleman from New Jersey for his kindness and his 
leadership, and to add my appreciation as well for Congressman Kennedy 
for the years that he has worked on this issue. And I join them in 
raising our voices.
  I remember the leadership that came from another Member from New 
Jersey, and Congressman Pallone has now embraced this issue in his 
capacity and leadership on the Energy and Commerce Committee. And my 
classmate, Congressman Kennedy, has been pressing this message along 
with Congressman Ramstad for a very long time, that we have the 
capacity and the empathy and sympathy to address the question of mental 
health parity, but

[[Page 1486]]

we have not yet had the energy and the results-oriented efforts that it 
needs.
  I pay tribute, of course, to the late Senator Paul Wellstone, who 
came to my district some years ago through my invitation as cochair of 
the Congressional Children's Caucus and visited our juvenile detention 
centers and emphasized that many of the juveniles that were then 
incarcerated also needed greater access to mental health facilities and 
mental health services.
  Mental health parity and the extension thereof of the annual lifetime 
limits is crucial to save lives. How many of us have seen on the news 
or addressed our constituents where seniors, parents are calling the 
police for their adult children who are suffering from mental health 
needs? Tragically, some of those encounters end in death. There is no 
need for that.
  In addition, we will be seeing, as the war in Iraq ends and 
Afghanistan's war and conflict ends, numbers of individuals coming back 
who have been diagnosed with post-traumatic stress, and we will say 
that's the Veterans Affairs' concern, or brain trauma. Yes, in the 
realm of the framework of their return, it may be; but they will live, 
and through their lifetime may have encounters that need to have the 
coverage of a mental health parity bill.
  I support H.R. 4848 and thank Congressman Pallone for the insight to 
move forward on this extension. But I pray tell that we will find it in 
our determination to move forward on the Paul Wellstone parity bill 
that is being carried by Congressman Kennedy and a number of others. I 
have supported this legislation for a number of years, so I rise 
enthusiastically for H.R. 4848.
  And, if I might, having missed the discussion on H. Con. Res 283, the 
bill dealing with Kenya, I simply want to add my statement into the 
Record, but call out for the compliance with this legislation, as it is 
passed, that we have sanctions for those who will not come to the peace 
table, that we compliment Kenya for its democracy, but, as well, that 
we push them toward a settlement of this vicious incident, having 
killed 900 people.
  I end my comments by asking for enthusiastic support for H.R. 4848.
  Mr. TIM MURPHY of Pennsylvania. Madam Speaker, I yield myself such 
time as I may consume.
  Madam Speaker, many important things have been said by several 
Members, and passionately, on this bill. What we also have to remember, 
as we wrap this up, is somewhere in America there are people who are 
suffering in silence, there are children who are facing abuse, angry 
spouses who are attacking one another, anxious mothers struggling to 
care for their children, and, of course, throughout the workplace, as 
has been so carefully documented here, so many problems. It is 
important that we not only pass this bill strongly but also continue to 
work together.
  I commend my colleague, Chairman Pallone, and the work that he does 
and to continue the work that he does in leading this. Myself and many 
Members from our side of the aisle continue to stand ready to make sure 
we work out any issues with regard to expanding issues of mental health 
parity. We know that all of us care deeply about those in need and all 
of us remain committed to helping those in need from our side of the 
aisle.
  Mr. DINGELL. Madam Speaker, today we are voting to extend for 1 year, 
through 2008, the 1996 Mental Health Parity Act. This act bars the use 
of arbitrary annual and lifetime caps on mental health services if they 
are not also used on other medical benefits. We need to extend this 
first good step taken by Congress more than a decade ago, but there is 
still work to be done to reach true parity in the treatment of mental 
illnesses and substance abuse disorders.
  When the Mental Health Parity Act of 1996 passed Congress, it 
provided only partial parity for mental illness and excluded addiction 
benefits from the equitable treatment other mental health services 
received under the bill. Left untouched were other important and 
potentially costly parts of an insurance policy such as limits on 
inpatient days and outpatient visits and other out-of-pocket expenses 
such as copays, coinsurance, and deductibles. These limits result in 
denying millions of Americans needed treatment and/or incurring huge 
out-of-pocket costs.
  The U.S. Government Accountability Office found in a May 2000 report 
that 87 percent of employers complying with the act merely substituted 
other restrictive limits on things already mentioned for the annual and 
lifetime limits prohibited under the 1996 act.
  Today we must not only extend the Mental Health Parity Act of 1996 
but also continue to work on building this act to achieve true parity 
by passing H.R. 1424, the Paul Wellstone Mental Health and Addiction 
Equity Act of 2007. The legisiation has been favorably approved by all 
three committees of jurisdiction in the House.
  Mental illness and alcohol and drug addiction are painful and private 
struggles with staggering public costs, not to mention the toll these 
conditions take on families and communities. Representatives Kennedy 
and Ramstad have been faithful champions of the Mental Health Parity 
Act of 1996 and speak courageously of their own triumphs.
  I urge my colleagues to vote to extend the authorization of the 
current protections already in place and to continue to work for more 
comprehensive parity.
  Mr. GENE GREEN of Texas. Madam Speaker, I rise today in support of 
H.R. 4848. This legislation is an extension of the Mental Health Parity 
Act of 1996.
  This bill requires that annual and lifetime dollar limits for mental 
health treatment under group health plans offering mental health 
coverage be no less than that for physical illnesses.
  Mental disorders are the leading cause of disability in the U.S. for 
individuals between the ages of 15-44. In fact, 54 million Americans 
currently suffer from mental illness.
  Unfortunately, the stigma of mental illness prevents millions of 
Americans from receiving the health care they need. Arbitrary limits on 
insurance benefits also serve as a significant barrier to many 
Americans seeking help.
  The original Mental Health Parity Act of 1996 was an important first 
step toward mental health parity and mandated that annual and lifetime 
limits in mental health coverage be equal to those applied to medical 
and surgical benefits.
  While I support this bill, I strongly believe that we must pass H.R. 
1424, the Paul Wellstone Mental Health Parity and Addiction Equity Act 
of 2007.
  The scientific community has long told us that mental illness and 
substance abuse are biologically-based, and the Surgeon General 
recognized that fact in the 1999 Surgeon General's report.
  The sad reality, however, is that the health insurance market still 
does not provide true parity to mental health and substance abuse 
coverage.
  Individuals who struggle with mental illness or substance abuse have 
no guarantee they'll get the treatment they need--even if they have 
health insurance.
  Mental illness and substance abuse are serious issues for many 
Americans who too often do not receive the appropriate treatment. 
Twenty-six million Americans struggle with substance abuse addictions.
  I hope that we will recognize the struggles that individuals with 
substance abuse addictions face in seeking treatment.
  I strongly support H.R. 4848 and hope that we will build on this 
piece of legislation by considering H.R. 1424, the Paul Wellstone 
Mental Health Parity and Addiction Equity Act of 2007 sometime this 
session.
  Mr. CONYERS. Madam Speaker, I rise to voice my support for H.R. 4848, 
the extension of the Mental Health Parity Act of 1996 (MHPA). This 
legislation would extend MHPA for 1 year, maintaining the current 
provisions for parity in the application of certain limits to mental 
health benefits.
  For group plans that choose to offer mental health benefits, the MHPA 
requires those plans to provide benefits for mental health treatment 
subject to the same annual and lifetime dollar limits as their coverage 
of physical illnesses. Unfortunately, insurance plans may still limit 
the amount and type of mental health treatment covered. For example, an 
insurance company can cap the number of times a patient may visit the 
doctor's office, not only annually, but over the course of a lifetime.
  ``Partial parity'' is an oxymoron. Rather than rely on stop-gap 
measures and patch-work fixes, the need for true mental health 
insurance parity must be recognized and acted upon. I strongly 
encourage my fellow members to quickly pass H.R. 1424, the Paul 
Wellstone Mental Health and Addiction Equity Act of 2007, which puts 
mental health coverage on an equal footing with medical and surgical 
coverage.
  The inequity of coverage with regard to mental health and substance 
abuse treatment benefits is tantamount to discrimination against the 
mentally ill. It is built upon the insurance companies' strategy of 
denying rather than providing care in order to maximize profits. The 
notion that an insurance company can

[[Page 1487]]

limit medical care based on cost is immoral. Only medical professionals 
should dictate the amount and type of care a patient receives. H.R. 
676, the United States National Health Insurance Act, would provide 
health care coverage for all, including coverage of mental health and 
substance abuse treatment.
  Madam Speaker, it is our duty to end this intolerable discrimination 
against the mentally ill, and provide timely, appropriate, and adequate 
health care for all, free of the loopholes, pitfalls, and entanglements 
which exist under the current fragmented, non-system of care.
  Mr. RODRIGUEZ. Madam Speaker, today I stand in support of H.R. 4848, 
extension for 1 year, parity in the application of certain limits to 
mental health benefits.
  H.R. 4848 would amend the Employee Retirement Income Security Act of 
1974 (ERISA), and the Public Health Service Act to extend until 
December 31, 2008, mental health parity provisions, which require group 
health plans to treat equally mental health benefits and medical and 
surgical benefits for purposes of lifetime limits or annual limits on 
benefits covered by the plan.
  Approximately two-thirds of individuals with potentially diagnosable 
disorders do not seek treatment. A majority of insured and uninsured 
individuals suffering from untreated mental health disorders mention 
cost as the primary reason that they do not use or seek mental health 
treatment. This is due in part to unequal health insurance coverage for 
mental health services, which results in significant cost-shifting from 
private insure to individuals.
  As a former social worker, I personally know untreated mental illness 
is associated with a number of societal problems. Such as, higher rates 
of unemployment, crime and increased welfare cost.
  Parity for mental health is needed because, left on their own very 
few employers would offer mental health benefits at a level that is 
equal to medical and surgical benefits in their group health plan.
  Mental health is a serious issue facing many Americans. The goal of 
H.R. 4848 is to make sure everyone gets effective quality treatment for 
mental illness. In order for that to happen, mental illness needs to be 
treated just like other surgical and medical treatments.
  Mr. TIM MURPHY of Pennsylvania. Madam Speaker, I yield back the 
balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, H.R. 4848, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BROUN of Georgia. Madam Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




                       MESSAGE FROM THE PRESIDENT

  A message in writing from the President of the United States was 
communicated to the House by Mr. Sherman, one of his secretaries.

                          ____________________




             DO-NOT-CALL REGISTRY FEE EXTENSION ACT OF 2007

  Mr. BUTTERFIELD. Madam Speaker, I move to suspend the rules and pass 
the Senate bill (S. 781) to extend the authority of the Federal Trade 
Commission to collect Do-Not-Call Registry fees to fiscal years after 
fiscal year 2007.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                 S. 781

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Do-Not-Call Registry Fee 
     Extension Act of 2007''.

     SEC. 2. FEES FOR ACCESS TO REGISTRY.

       Section 2, of the Do-Not-Call Implementation Act (15 U.S.C. 
     6101 note) is amended to read as follows:

     ``SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REGISTRY 
                   FEES.

       ``(a) In General.--The Federal Trade Commission shall 
     assess and collect an annual fee pursuant to this section in 
     order to implement and enforce the `do-not-call' registry as 
     provided for in section 310.4(b)(1)(iii) of title 16, Code of 
     Federal Regulations, or any other regulation issued by the 
     Commission under section 3 of the Telemarketing and Consumer 
     Fraud and Abuse Prevention Act (15 U.S.C. 6102).
       ``(b) Annual Fees.--
       ``(1) In general.--The Commission shall charge each person 
     who accesses the `do-not-call' registry an annual fee that is 
     equal to the lesser of--
       ``(A) $54 for each area code of data accessed from the 
     registry; or
       ``(B) $14,850 for access to every area code of data 
     contained in the registry.
       ``(2) Exception.--The Commission shall not charge a fee to 
     any person--
       ``(A) for accessing the first 5 area codes of data; or
       ``(B) for accessing area codes of data in the registry if 
     the person is permitted to access, but is not required to 
     access, the `do-not-call' registry under section 310 of title 
     16, Code of Federal Regulations, section 64.1200 of title 47, 
     Code of Federal Regulations, or any other Federal regulation 
     or law.
       ``(3) Duration of access.--
       ``(A) In general.--The Commission shall allow each person 
     who pays the annual fee described in paragraph (1), each 
     person excepted under paragraph (2) from paying the annual 
     fee, and each person excepted from paying an annual fee under 
     section 310.4(b)(1)(iii)(B) of title 16, Code of Federal 
     Regulations, to access the area codes of data in the `do-not-
     call' registry for which the person has paid during that 
     person's annual period.
       ``(B) Annual period.--In this paragraph, the term `annual 
     period' means the 12-month period beginning on the first day 
     of the month in which a person pays the fee described in 
     paragraph (1).
       ``(c) Additional Fees.--
       ``(1) In general.--The Commission shall charge a person 
     required to pay an annual fee under subsection (b) an 
     additional fee for each additional area code of data the 
     person wishes to access during that person's annual period.
       ``(2) Rates.--For each additional area code of data to be 
     accessed during the person's annual period, the Commission 
     shall charge--
       ``(A) $54 for access to such data if access to the area 
     code of data is first requested during the first 6 months of 
     the person's annual period; or
       ``(B) $27 for access to such data if access to the area 
     code of data is first requested after the first 6 months of 
     the person's annual period.
       ``(d) Adjustment of Fees.--
       ``(1) In general.--
       ``(A) Fiscal year 2009.--The dollar amount described in 
     subsection (b) or (c) is the amount to be charged for fiscal 
     year 2009.
       ``(B) Fiscal years after 2009.--For each fiscal year 
     beginning after fiscal year 2009, each dollar amount in 
     subsection (b)(1) and (c)(2) shall be increased by an amount 
     equal to--
       ``(i) the dollar amount in paragraph (b)(1) or (c)(2), 
     whichever is applicable, multiplied by
       ``(ii) the percentage (if any) by which the CPI for the 
     most recently ended 12-month period ending on June 30 exceeds 
     the baseline CPI.
       ``(2) Rounding.--Any increase under subparagraph (B) shall 
     be rounded to the nearest dollar.
       ``(3) Changes less than 1 percent.--The Commission shall 
     not adjust the fees under this section if the change in the 
     CPI is less than 1 percent.
       ``(4) Publication.--Not later than September 1 of each year 
     the Commission shall publish in the Federal Register the 
     adjustments to the applicable fees, if any, made under this 
     subsection.
       ``(5) Definitions.--In this subsection:
       ``(A) CPI.--The term `CPI' means the average of the monthly 
     consumer price index (for all urban consumers published by 
     the Department of Labor).
       ``(B) Baseline CPI.--The term `baseline CPI' means the CPI 
     for the 12-month period ending June 30, 2008.
       ``(e) Prohibition Against Fee Sharing.--No person may enter 
     into or participate in an arrangement (as such term is used 
     in section 310.8(c) of the Commission's regulations (16 
     C.F.R. 310.8(c))) to share any fee required by subsection (b) 
     or (c), including any arrangement to divide the costs to 
     access the registry among various clients of a telemarketer 
     or service provider.
       ``(f) Handling of Fees.--
       ``(1) In general.--The commission shall deposit and credit 
     as offsetting collections any fee collected under this 
     section in the account `Federal Trade Commission--Salaries 
     and Expenses', and such sums shall remain available until 
     expended.
       ``(2) Limitation.--No amount shall be collected as a fee 
     under this section for any fiscal year except to the extent 
     provided in advance by appropriations Acts.''.

     SEC. 3. REPORT.

       Section 4 of the Do-Not-Call Implementation Act (15 U.S.C. 
     6101 note) is amended to read as follows:

     ``SEC. 4. REPORTING REQUIREMENTS.

       ``(a) Biennial Reports.--Not later than December 31, 2009, 
     and biennially thereafter,

[[Page 1488]]

     the Federal Trade Commission, in consultation with the 
     Federal Communications Commission, shall transmit a report to 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Energy and 
     Commerce that includes--
       ``(1) the number of consumers who have placed their 
     telephone numbers on the registry;
       ``(2) the number of persons paying fees for access to the 
     registry and the amount of such fees;
       ``(3) the impact on the `do-not-call' registry of--
       ``(A) the 5-year reregistration requirement;
       ``(B) new telecommunications technology; and
       ``(C) number portability and abandoned telephone numbers; 
     and
       ``(4) the impact of the established business relationship 
     exception on businesses and consumers.
       ``(b) Additional Report.--Not later than December 31, 2009, 
     the Federal Trade Commission, in consultation with the 
     Federal Communications Commission, shall transmit a report to 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Energy and 
     Commerce that includes--
       ``(1) the effectiveness of do-not-call outreach and 
     enforcement efforts with regard to senior citizens and 
     immigrant communities;
       ``(2) the impact of the exceptions to the do-not-call 
     registry on businesses and consumers, including an analysis 
     of the effectiveness of the registry and consumer perceptions 
     of the registry's effectiveness; and
       ``(3) the impact of abandoned calls made by predictive 
     dialing devices on do-not-call enforcment.''.

     SEC. 4. RULEMAKING.

       The Federal Trade Commission may issue rules, in accordance 
     with section 553 of title 5, United States Code, as necessary 
     and appropriate to carry out the amendments to the Do-Not-
     Call Implementation Act (15 U.S.C. 6101 note) made by this 
     Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Butterfield) and the gentleman from Florida (Mr. 
Stearns) each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina.


                             General Leave

  Mr. BUTTERFIELD. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. BUTTERFIELD. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, the bill we are considering on the House floor today, 
which is Senate 781, the Do-Not-Call Registry Fee Extension Act, is 
identical to H.R. 2601, which was introduced by my friend Mr. Stearns, 
the former ranking member of the Subcommittee on Commerce, Trade and 
Consumer Protection.
  On December 11 of last year, the House passed H.R. 2601 by voice 
vote, and I urge similar swift passage of S. 781 today.
  Madam Speaker, this bill extends the authority of the Federal Trade 
Commission to collect the fees that administer and enforce the 
provisions relating to the national do-not-call registry. In 2003, 
Congress passed the Do-Not-Call Implementation Act, which authorized 
the FTC to establish fees
sufficient to implement the national do-not-call registry as originally 
authorized by the Telemarketing and Consumer Fraud and Abuse Prevention 
Act of 1994. As has been said on numerous occasions, this initiative 
has proven to be one of the most popular laws in history. Consumers 
have registered more than 145 million telephone numbers since the 
registry became operational in 2003. The FTC's authority to annually 
establish the appropriate level of fees to charge telemarketers for 
access to the registry expired several months ago, in 2007, and S. 781 
restores that authority and renders it permanent. I will restate what I 
said back in December when we considered this legislation on the House 
floor. As Members of Congress, it is in our best interest to swiftly 
pass this bill in order to avoid the wrath of millions of angry 
constituents who are being called by telemarketers during dinner time. 
We need to facilitate the continuing operation of the do-not-call 
registry and vote for this bill.
  As a result of an agreement reached with the chairman of the Senate 
Commerce Committee, we are sending to the President's desk for his 
signature the Senate-passed version of the bill introduced by Senator 
Pryor. However, Senator Pryor's bill is identical to Mr. Stearns' bill, 
and my friend from Florida deserves all the credit for this fine piece 
of legislation. As is the case with the vast majority of bills passed 
out of the Subcommittee on Commerce, Trade, and Consumer Protection, of 
which I serve, this is a bipartisan measure that was crafted in 
consultation with the appropriate agency of expertise, in this case, 
the Federal Trade Commission. The original House bill passed the 
subcommittee by voice vote on October 23, and a week later on October 
30 was unanimously approved in the full Energy and Commerce Committee. 
Majority and minority committee staff worked together on this bill. I 
am so proud of how they worked together. Mr. Stearns, as well as the 
ranking member, Mr. Barton of Texas, who is the ranking member of the 
full committee, should both be commended for their cooperation with 
Chairman John Dingell and Chairman Bobby Rush. I also would like to 
congratulate and welcome the distinguished gentleman from Kentucky (Mr. 
Whitfield) as the new ranking member of the subcommittee on which we 
serve. I am positive that the track record of bipartisan cooperation 
will continue under Mr. Whitfield's leadership. Unfortunately, it is my 
understanding that Mr. Whitfield, I looked forward to seeing him on the 
floor today, but he is currently in Kentucky dealing with the 
frightening devastation wrought by last night's tornadoes. Our thoughts 
and prayers go out to him and his constituents and all those who were 
adversely affected by this tragedy, not only in that State but in other 
States as well.
  With that, Madam Speaker, I urge a ``yes'' vote.
  At this time, I reserve the balance of my time.
  Mr. STEARNS. Madam Speaker, I yield myself such time as I may 
consume.
  Let me thank, first of all, the discerning, clairvoyant, highly 
observant and eloquent statements from the gentleman from North 
Carolina for his kindness in recognizing that it is, indeed, my bill. I 
appreciate his very eloquent statement.
  Mr. Whitfield was supposed to be here, but, of course, with the 
tornadoes, he cannot be here. He flew back to Kentucky to take care of 
his constituents, so he is to be commended for that.
  But I rise today also in support of this bill, which is my bill which 
came through my subcommittee, the Do-Not-Call Registry Fee Extension 
Act of 2007. The Senate bill is 781.
  As pointed out, this bill is identical to H.R. 2601 which I 
introduced and which passed this Chamber by voice vote under suspension 
of the rules on December 11, last year. As the sponsor of the companion 
legislation to the Senate bill and as the former ranking member of the 
committee with jurisdiction over consumer protection, I assured all my 
colleagues that this legislation is necessary and, of course, very 
timely. The gentleman from North Carolina mentioned that it is one of 
the most popular bills we have passed in Congress, and indeed it is.
  I can also assure each of you that it will have an immediate and 
meaningful impact on our constituents, much more so than many of the 
bills that we've passed this year.
  The Congress originally passed the Do-Not-Call Act in 2003 in 
response to the growing concern about the persistent invasion of 
unsolicited telemarketing calls to consumers' homes. Now, at that point 
I was chairman of the Commerce, Trade, and Consumer Protection 
Subcommittee, and I took great pride that our committee came together 
with Jan Schakowsky, who was the ranking member, to put together the 
do-not-call registry. She is to be commended today, too, for her 
support and her enabling of this legislation.
  The idea was very simple: Consumers could place their home phone 
numbers on a list, and telemarketers would then

[[Page 1489]]

be prohibited from making unsolicited phone solicitation. In order to 
avail themselves of the tranquility afforded then by the registry, 
consumers simply call a toll-free number from the telephone line they 
wish to register, or they could add their number via the Internet. 
Telemarketers then access the registry at the Federal Trade Commission 
to obtain a list of registered numbers over the Internet and then 
remove their numbers from their call list. Pretty simple. These 
telemarketers then pay a simple fee for such access. It is those fees 
that fund the registry, including the maintenance and, ultimately, the 
enforcement of the violators of this legislation.

                              {time}  1700

  The program has been a huge success, as the gentleman from North 
Carolina has pointed out, with one recent polling finding there is over 
150 million active telephone numbers on the registry. My colleagues, 
that's roughly 70 percent of Americans who avail themselves of the 
registry benefit. That poll also found over 90 percent of those 
registered with the do-not-call list do indeed receive fewer 
unsolicited telemarketing calls.
  The Federal Trade Commission must also be commended for its part in 
making the registry a success. Without vigorous enforcement, a 
prohibition would be meaningless. Consumers who receive unwanted 
telemarketing calls log complaints via either a toll-free telephone 
number or the Internet. As a result, the commission has pursued 35 
cases for violations of this do-not-call provision in the bill and has 
collected $25 million combined in civil penalties and equitable relief.
  Unfortunately, the commission's authority to collect the fees 
necessary to maintain the registry expired last September. This 
legislation restores the commission's authority to collect the 
necessary fees to maintain and simply update the registry in a timely 
manner. Further, this act provides businesses with certainty into the 
future regarding the fees they pay to access the registry.
  So, my colleagues, while this bill sets specific access fees, it also 
ensures Congress will receive the information necessary to assess in 
the future whether those fees are simply sufficient and appropriate. 
The Senate bill requires the Federal Trade Commission and the SEC to 
submit two reports to Congress biennially. One report shall include 
information regarding basic registry statistics such as the number of 
consumers registered, number of persons paying for access, and the 
impact of new telecommunications technology on the registry. The second 
report addresses consumer reports of abuse of registry exceptions, 
including the recent reports of ``lead generators,'' unsolicited 
mailers, and we've all gotten those unsolicited mailers through the 
mail, used to establish a business relationship. Then once that 
business relationship is established, they can come back and call you 
or otherwise they trick you into answering these little lead 
generators. And most frequently the people who do answer them are 
seniors, who are very conscientious, and then that, in fact, involves 
waiving their do-not-call protections. As time passes and people think 
of new ways to circumvent these protections, we will want to ensure we 
have the necessary information to keep pace with these folks that are 
trying to trick our constituents, thereby protecting their original 
intent of the do-not-call registry.
  In conclusion, Madam Speaker, many of our constituents still express 
their gratitude for enacting the original Do-Not-Call Act, simply 
enabling them to make their home hours more peaceful without irritating 
telemarketing interruptions, especially around suppertime. The 
popularity and success of the do-not-call registry is without question. 
It is successful and it is one area in which this Congress has acted in 
a bipartisan fashion, almost unanimously on the House floor with 
approval. So I urge all my colleagues' support.
  Madam Speaker, I reserve the balance of my time.
  Mr. BUTTERFIELD. I want to thank the gentleman for his comments.
  Madam Speaker, I have no further requests for time, and I reserve the 
balance of my time.
  Mr. STEARNS. Madam Speaker, I yield such time as he may consume to 
the gentleman from Texas (Mr. Burgess).
  Mr. BURGESS. I thank the gentleman for yielding, and I thank both the 
chairman and the ranking member for bringing this bill to the floor.
  Madam Speaker, as pointed out, this has been one of the most popular 
pieces of legislation that we could pass certainly during my short 
tenure in Congress. And, Madam Speaker, I would only point out that 
with a 10 percent approval rating, it is incumbent upon us to continue 
to pass legislation that is indeed popular.
  I am an original cosponsor of the Do-Not-Call Registry Fee Extension 
Act, and as has been pointed out, this bill will extend the Federal 
Trade Commission's authority to collect fees and to administer and 
force the do-not-call registry. This registry is popular. This 
registry's effect has been profound.
  Since the creation of this registry, as we heard testimony in our 
committee as we worked on the bill earlier this year, over 145 million 
telephone numbers have been registered. And as we heard from Ranking 
Member Stearns a little while ago, that number is now up to 150 million 
telephone numbers.
  As the Director of the Federal Trade Commission, Linda Parnes, 
eloquently stated in her testimony before the Energy and Commerce 
Committee last October, the do-not-call registry ``helps to restore the 
sanctity of the American dinner hour.''
  While I firmly believe in a free market and I believe that businesses 
should be able to and should be responsible for formulating their own 
business plans and business practices, I also believe that Americans 
have a right to privacy. People should be able to have the option of 
whether or not they want to receive telephone calls from telemarketers 
in the privacy of their homes. Thanks to the do-not-call registry, 
Americans can sign up and they are afforded this decision and this 
discretion.
  To keep the registry working in the future, it is imperative that we 
act swiftly and pass this important legislation to further extend the 
protection of privacy for all Americans. As Commissioner Parnes pointed 
out, let's help restore the sanctity of the American dinner hour once 
and for all.
  Mr. STEARNS. Madam Speaker, I yield back the balance of my time.
  Mr. BUTTERFIELD. Madam Speaker, I am going to urge my colleagues to 
vote ``aye'' on this measure, and let's send it on to the President's 
desk.
  Mr. DINGELL. Madam Speaker, I rise in strong support of S. 781, the 
``Do-Not-Call Registry Fee Extension Act,'' and I urge its swift 
adoption by the House.
  This bill is identical to H.R. 2601, which the House passed on 
December 11, 2007, to extend the authority of the Federal Trade 
Commission to collect fees to administer and enforce the provisions of 
law relating to the ever-popular national Do-Not-Call registry. The 
registry was established by Congress to enable citizens to place their 
personal phone numbers on a list that prohibits unwanted commercial 
solicitations over that number. By any measure, this program has been 
wildly successful--more than 145 million telephone numbers have been 
placed on the list, pesky phone calls from telemarketers have declined, 
and the FTC's enforcement has been vigorous--but the agency's ability 
to collect fees to fund this operation expired after September 2007. 
Therefore, we need to act.
  By agreement with the Chairman of the Senate Committee on Commerce, 
we are sending the later Senate-passed bill to the President. At this 
time, I want to commend Representative Stearns, the sponsor of the 
House-passed bill and then Ranking Subcommittee Member, for his 
leadership on this important consumer protection issue. I also commend 
Representative Rush, a cosponsor of the House bill and Chairman of the 
Subcommittee on Commerce, Trade, and Consumer Protection, for 
expeditiously bringing that bill, of which I am the lead Democratic 
sponsor, to the House floor last year. We would not be here today 
without their efforts.
  I would note to the House that, as part of the agreement, the Senate 
today will take up and pass H.R. 3541, legislation also passed by the 
House on December 11, 2007, to eliminate the automatic removal of 
telephone numbers from the registry, thus clearing the bill for

[[Page 1490]]

the President's signature. Current rules provide that telephone numbers 
be removed from the list after 5 years, thus requiring consumers to 
reregister their numbers in order to fend off telemarketing calls. Most 
consumers are unaware of this requirement. This places a particular 
burden on the elderly, the group most often victimized by telemarketing 
frauds. The House-passed bill contains common sense exceptions as well 
as requirements to ensure the accuracy of the list. I thank the Federal 
Trade Commission and the Direct Marketing Association for their 
improvements to the bill, and I commend Representatives Doyle and 
Pickering for their strong bipartisan leadership on this legislation.
  This strong package of bipartisan consumer protection bills will 
serve the American public well, and will stand as a testament to what 
bipartisanship and good will across the Capitol can accomplish.
  Mr. BUTTERFIELD. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina (Mr. Butterfield) that the House suspend 
the rules and pass the Senate bill, S. 781.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________




  CONTINUATION OF THE NATIONAL EMERGENCY RELATING TO CUBA AND OF THE 
  EMERGENCY AUTHORITY RELATING TO THE REGULATION OF THE ANCHORAGE AND 
 MOVEMENT OF VESSELS--MESSAGE FROM THE PRESIDENT OF THE UNITED STATES 
                          (H. DOC. NO. 110-93)

  The SPEAKER pro tempore laid before the House the following message 
from the President of the United States; which was read and, together 
with the accompanying papers, without objection, referred to the 
Committee on Foreign Affairs and ordered to be printed:

To the Congress of the United States:
  Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) 
provides for the automatic termination of a national emergency unless, 
prior to the anniversary date of its declaration, the President 
publishes in the Federal Register and transmits to the Congress a 
notice stating that the emergency is to continue in effect beyond the 
anniversary date. In accordance with this provision, I have sent the 
enclosed notice to the Federal Register for publication, which states 
that the national emergency declared with respect to the Government of 
Cuba's destruction of two unarmed U.S.-registered civilian aircraft in 
international airspace north of Cuba on February 24, 1996, as amended 
and expanded on February 26, 2004, is to continue in effect beyond 
March 1, 2008.
                                                      George W. Bush.  
The White House, February 6, 2008.

                          ____________________




                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the 
Chair declares the House in recess until approximately 6:30 p.m. today.
  Accordingly (at 5 o'clock and 7 minutes p.m.), the House stood in 
recess until approximately 6:30 p.m. today.

                          ____________________




                              {time}  1830
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Ms. Jackson-Lee of Texas) at 6 o'clock and 30 
minutes p.m.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings 
will resume on motions to suspend the rules previously postponed.
  Votes will be taken in the following order:
  H. Res. 867, by the yeas and nays;
  H. Res. 942, by the yeas and nays;
  H. Res. 943, by the yeas and nays.
  Postponed votes on H. Con. Res. 283, H. Res. 947, and H.R. 4848 will 
be taken tomorrow.
  The first electronic vote will be conducted as a 15-minute vote. 
Remaining electronic votes will be conducted as 5-minute votes.

                          ____________________




 COMMENDING THE HOUSTON DYNAMO SOCCER TEAM FOR WINNING THE 2007 MAJOR 
                           LEAGUE SOCCER CUP

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the resolution, H. Res. 867, 
on which the yeas and nays were ordered.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Hampshire (Mr. Hodes) that the House suspend the 
rules and agree to the resolution, H. Res. 867.
  The vote was taken by electronic device, and there were--yeas 373, 
nays 0, not voting 56, as follows:

                             [Roll No. 29]

                               YEAS--373

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Becerra
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Fattah
     Feeney
     Ferguson
     Flake
     Forbes
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Green, Al
     Green, Gene
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hastings (FL)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     LaHood
     Lamborn
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Putnam
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Roskam
     Rothman
     Roybal-Allard
     Royce
     Ryan (OH)
     Salazar
     Sali
     Sanchez, Linda T.
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner

[[Page 1491]]


     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Westmoreland
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Wu
     Yarmuth
     Young (AK)

                             NOT VOTING--56

     Alexander
     Baldwin
     Bean
     Berry
     Blackburn
     Blumenauer
     Boucher
     Campbell (CA)
     Cannon
     Conaway
     Cubin
     Davis (IL)
     Davis, Tom
     Doolittle
     Farr
     Filner
     Fortenberry
     Gallegly
     Gingrey
     Graves
     Grijalva
     Hare
     Harman
     Hastings (WA)
     Hinojosa
     Hooley
     Hulshof
     Jefferson
     Kuhl (NY)
     Lantos
     Lipinski
     Lowey
     Manzullo
     McMorris Rodgers
     Moore (WI)
     Pence
     Petri
     Pryce (OH)
     Radanovich
     Rohrabacher
     Ross
     Ruppersberger
     Rush
     Ryan (WI)
     Sanchez, Loretta
     Smith (WA)
     Stark
     Tanner
     Terry
     Weldon (FL)
     Weller
     Wexler
     Whitfield (KY)
     Woolsey
     Wynn
     Young (FL)

                              {time}  1854

  So (two-thirds being in the affirmative) the rules were suspended and 
the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. FILNER. Madam Speaker, on rollcall No. 29, I was away from the 
Capitol attending a function in my capacity as Chairman of the House 
Veterans' Affairs Committee. Had I been present, I would have voted 
``yea.''

                          ____________________




          RECOGNIZING THE SIGNIFICANCE OF BLACK HISTORY MONTH

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the resolution, H. Res. 942, 
on which the yeas and nays were ordered.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Hampshire (Mr. Hodes) that the House suspend the 
rules and agree to the resolution, H. Res. 942.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 367, 
nays 0, not voting 62, as follows:

                             [Roll No. 30]

                               YEAS--367

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Becerra
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop (NY)
     Bishop (UT)
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Fattah
     Feeney
     Ferguson
     Flake
     Forbes
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Green, Al
     Green, Gene
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hastings (FL)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     LaHood
     Lamborn
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Putnam
     Rahall
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Richardson
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Roskam
     Rothman
     Roybal-Allard
     Royce
     Ryan (OH)
     Salazar
     Sali
     Sanchez, Linda T.
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Westmoreland
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Wu
     Yarmuth
     Young (AK)

                             NOT VOTING--62

     Alexander
     Baldwin
     Bean
     Berry
     Bishop (GA)
     Blackburn
     Blumenauer
     Boucher
     Campbell (CA)
     Cannon
     Conaway
     Cubin
     Davis, Tom
     Doolittle
     Farr
     Filner
     Fortenberry
     Gallegly
     Gingrey
     Graves
     Grijalva
     Hare
     Harman
     Hastings (WA)
     Hinojosa
     Hooley
     Hulshof
     Jefferson
     Kuhl (NY)
     Lantos
     Lipinski
     Lowey
     Manzullo
     McMorris Rodgers
     Moore (KS)
     Moore (WI)
     Murtha
     Pence
     Petri
     Pryce (OH)
     Radanovich
     Rangel
     Reynolds
     Rodriguez
     Rohrabacher
     Ross
     Ruppersberger
     Rush
     Ryan (WI)
     Sanchez, Loretta
     Scott (GA)
     Smith (WA)
     Stark
     Tanner
     Terry
     Weldon (FL)
     Weller
     Wexler
     Whitfield (KY)
     Woolsey
     Wynn
     Young (FL)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are 2 minutes left in this vote.

                              {time}  1902

  So (two-thirds being in the affirmative) the rules were suspended and 
the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. FILNER. Madam Speaker, on rollcall No. 30, I was away from the 
Capitol attending a function in my capacity as Chairman of the House 
Veterans' Affairs Committee. Had I been present, I would have voted 
``yea.''

                          ____________________




REMEMBERING THE SPACE SHUTTLE ``CHALLENGER'' DISASTER AND HONORING ITS 
                              CREW MEMBERS

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the resolution, H. Res. 943, 
on which the yeas and nays were ordered.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Louisiana (Mr. Melancon) that the House suspend the

[[Page 1492]]

rules and agree to the resolution, H. Res. 943.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 371, 
nays 0, not voting 58, as follows:

                             [Roll No. 31]

                               YEAS--371

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Becerra
     Berkley
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Fattah
     Feeney
     Ferguson
     Flake
     Forbes
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Green, Al
     Green, Gene
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hastings (FL)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E.B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     LaHood
     Lamborn
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Pickering
     Pitts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Putnam
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Roskam
     Rothman
     Roybal-Allard
     Royce
     Ryan (OH)
     Salazar
     Sali
     Sanchez, Linda T.
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Westmoreland
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Wu
     Yarmuth
     Young (AK)

                             NOT VOTING--58

     Alexander
     Baldwin
     Bean
     Berman
     Berry
     Blackburn
     Blumenauer
     Boucher
     Campbell (CA)
     Cannon
     Conaway
     Conyers
     Cubin
     Davis, Tom
     Doolittle
     Farr
     Filner
     Fortenberry
     Gallegly
     Gingrey
     Graves
     Grijalva
     Hare
     Harman
     Hastings (WA)
     Hinojosa
     Hulshof
     Jefferson
     Kuhl (NY)
     Lantos
     Lipinski
     Lowey
     Manzullo
     McMorris Rodgers
     Moore (WI)
     Murtha
     Pence
     Petri
     Platts
     Pryce (OH)
     Radanovich
     Rohrabacher
     Ross
     Ruppersberger
     Rush
     Ryan (WI)
     Sanchez, Loretta
     Smith (WA)
     Stark
     Tanner
     Terry
     Weldon (FL)
     Weller
     Wexler
     Whitfield (KY)
     Woolsey
     Wynn
     Young (FL)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
is 1 minute remaining in this vote.

                              {time}  1910

  So (two-thirds being in the affirmative) the rules were suspended and 
the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. FILNER. Madam Speaker, on rollcall No. 31, I was away from the 
Capitol attending a function in my capacity as Chairman of the House 
Veterans' Affairs Committee. Had I been present, I would have voted 
``yea.''

                          ____________________




                          PERSONAL EXPLANATION

  Mr. GINGREY. Madam Speaker, on rollcall No. 29 on H. Res. 867, 
Commending the Houston Dynamo soccer team for winning the 2007 Major 
League Soccer Cup, I am not recorded, as I was absent due to my 
attendance at a funeral. Had I been present, I would have voted 
``yea.''
  Madam Speaker, on rollcall No. 30 on H. Res. 942, Recognizing the 
significance of Black History Month, I am not recorded, as I was absent 
due to my attendance at a funeral. Had I been present, I would have 
voted ``yea.''
  Madam Speaker, on rollcall No. 31 on H. Res. 943, Remembering the 
space shuttle Challenger disaster and honoring its crew members, who 
lost their lives on January 28, 1986, I am not recorded, as I was 
absent due to my attendance at a funeral. Had I been present, I would 
have voted ``yea.''

                          ____________________




                              {time}  1915
                             SPECIAL ORDERS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 18, 2007, and under a previous order of the House, the 
following Members will be recognized for 5 minutes each.

                          ____________________




                            SILENT GENOCIDE

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Arizona (Mr. Franks) is recognized for 5 minutes.
  Mr. FRANKS of Arizona. Madam Speaker, it is February 6, 2008, in the 
land of the free and the home of the brave. And before the sun set 
today in America, almost 4,000 more defenseless unborn children were 
killed by abortion on demand. That is just today. That is more than the 
number of innocent American lives lost on September 11, only it 
happens, Madam Speaker, every day in America.
  It has now been exactly 12,798 days since the judicial fiat called 
Roe v. Wade was handed down. Since then, the very foundation of this 
Nation has been stained by the blood of almost 50 million of our own 
unborn children. And all of them, Madam Speaker, had at least four 
things in common: they were just little babies who had done nothing 
wrong to anyone; each one of them died a nameless and a lonely death; 
each of the mothers, whether she realizes it immediately or not, will 
never be the same; and all the gifts that these children might have 
brought to humanity are now lost forever.
  Yet even in the full glare of such tragedy, this generation clings to 
blindness and invincible ignorance while history repeats itself, and 
our own silent genocide mercilessly annihilates the most helpless of 
all victims to date, those yet unborn.
  Madam Speaker, perhaps it is important for those of us in this 
Chamber to remind ourselves again of why we are really all here. Thomas 
Jefferson said, ``The care of innocent human life and its happiness and 
not its destruction is the chief and only object of good government.'' 
Madam Speaker, protecting

[[Page 1493]]

the lives of our innocent citizens and their constitutional rights is 
why we are all here. It is our sworn oath. The phrase in the 14th 
amendment capsulizes our entire Constitution. It says, ``No State shall 
deprive any person of life, liberty or property without due process of 
law.'' The bedrock foundation of this Republic is the declaration, not 
the casual notion, but the declaration of the self-evident truth that 
all human beings are created equal and endowed by their Creator with 
certain inalienable rights, the right of life, liberty and the pursuit 
of happiness.
  Every conflict or battle our Nation has ever faced can be traced to 
our commitment to this core self-evident truth. It has made us the 
beacon of hope for the entire world. It is who we are. And yet another 
day has passed, Madam Speaker, and we in this body have failed again to 
honor that commitment. We have failed our sworn oath and our God-given 
responsibility as we broke faith with nearly 4,000 more unborn children 
who died without the protection that we should have given them.
  Perhaps tonight, Madam Speaker, maybe someone new who hears this 
sunset memorial will finally realize that abortion really does kill a 
baby, that it hurts mothers in ways that we can never express, and that 
12,798 days spent killing nearly 58 million children in America is 
enough. Perhaps we will realize that the next time we meet that America 
is great enough to find a better way than abortion on demand.
  And so tonight, Madam Speaker, may each of us remind ourselves that 
our own days in the sunshine of life are numbered and that all too soon 
each of us will walk from these Chambers for the very last time, and if 
it should be that this Congress is allowed to continue on yet another 
day to come, may that day be the one when we hear the cries of the 
unborn at last. May that be the day that we find the humanity, the 
courage and the will to embrace together our human and our 
constitutional duty to protect the least of these, our tiny American 
brothers and sisters, from this murderous scourge in our Nation called 
abortion on demand.
  Madam Speaker, it is February 6, 2008, 12,798 days since Roe v. Wade 
in the land of the free and the home of the brave.

                          ____________________




                  HONORING FORMER FIRE CHIEF ED HANZEL

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Ohio (Ms. Sutton) is recognized for 5 minutes.
  Ms. SUTTON. Madam Speaker, I rise today with a deep sense of 
appreciation to pay tribute to former fire chief, Ed Hanzel, who passed 
away on December 31, 2007 while serving as a combat firefighter in 
Iraq.
  Ed, who devoted over 32 years of his life to his community as a 
firefighter, embarked on two separate tours in Iraq following his 
retirement in 2002. Retirement did not suit Ed, who felt he could make 
a positive contribution in Iraq while continuing to provide for his 
family.
  And although Denise, his wife of 36 years, worried for his safety, Ed 
was determined to protect our brave soldiers by utilizing his 
professional firefighting skills on military bases as a combat 
firefighter. One morning, at the onset of his second tour, Ed informed 
a coworker he wasn't feeling well and went to rest. Later that day, Ed 
Hanzel passed away.
  Ed was a strong man. He had beaten cancer a few years ago. His death 
in Iraq surprised his family and friends who knew him for his easygoing 
nature, his sense of humor, and his ability to light up a room with his 
bright eyes and genuine smile. After his passing, countless 
firefighters, emergency medical personnel and other safety forces from 
11 neighboring departments joined together to honor Ed's memory. With 
fire truck ladders extended to form an arch, an American flag was flown 
at the peak, symbolizing Ed's devotion to his country.
  A medical helicopter flew low over the crowd, and a fire truck 
adorned with a black wreath sounded a traditional last call, concluding 
a ceremony to celebrate a former fire chief, a humble fire chief, who 
often appeared embarrassed when called ``Chief.''
  The respect and admiration Ed earned as a firefighter, a paramedic 
and a SWAT medic could not have been more visible as his peers joined 
together around an empty pair of boots and a firefighter's helmet to 
honor their fallen colleague.
  We will always remember Ed for his ever-present smile, his commitment 
to his community, his sense of humor, and his dedication to his family. 
On behalf of the people of Ohio's 13th District, I want to express my 
deepest sympathies to his wife, Denise, and son, Brian. We have lost a 
great man, and they have lost a great husband and father who gave all 
in service to others and our country.
  We grieve Ed's passing, but we celebrate his life and service and we 
take solace in knowing we are better people for having known him.

                          ____________________




HONORING CORPS' ROLE IN ALLOWING FAMILY OF FALLEN MARINE TO ADOPT SON'S 
                            K-9 PARTNER, LEX

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from North Carolina (Mr. Jones) is recognized for 5 minutes.
  Mr. JONES of North Carolina. Madam Speaker, on December 21, 2007, I 
had the privilege and honor to visit Marine Corps Base Albany, Georgia 
to witness firsthand the compassion of the United States Marine Corps.
  I am extremely grateful to the United States Air Force for making it 
possible for me to take part in a visit that was so special, I can 
hardly describe it in words. On that day, the Jerome Lee family of 
Quitman, Mississippi, was able to adopt their son's canine partner, 
Lex, who was released from his duty as a military working dog.
  Jerome and Rachel Lee's son, Corporal Dustin Jerome Lee, was a United 
States Marine Corps dog handler who was killed in action on March 21, 
2007, in Fallujah, Iraq. Corporal Lee and his canine partner Lex, a 7-
year-old German shepherd, were a highly trained explosive detection 
team. Lex, who was due for retirement after his combat tour in Iraq, 
suffered shrapnel wounds from the same enemy-fired rocket-propelled 
grenade that took Corporal Lee's life.
  Following Corporal Lee's death, the Lee family began seeking to adopt 
their son's canine companion who was with their son during his last 
moments on Earth. However, after filing the necessary paperwork, the 
Lee family was told that Lex had been medically evaluated and, although 
injured, he was fit for duty and not yet eligible for adoption.
  After learning their story, I spoke with Corporal Lee's father, 
Jerome Lee, by phone on several occasions. Mr. Lee continued to express 
the joy and comfort that caring for Lex would bring to him and his 
family, and he requested my assistance in securing their adoption of 
Lex.
  I am so grateful to the United States Marine Corps and Commandant 
James Conway for helping me ensure that the Lee family's request was 
granted. I am also very grateful to Brigadier General Michael Regner 
and Major General Robert Dickerson for their role in enabling this 
adoption to proceed. I know that Dustin is in heaven, and happy that 
his family now has Lex. Allowing the Lee family to adopt Lex was a 
fitting thank you to parents who gave the ultimate gift of their son 
for this country.
  The United States Marine Corps has demonstrated its tremendous 
compassion and understanding by making this adoption a reality for the 
parents of one of our Nation's fallen heroes. Again I extend my deep 
condolences to Mr. and Mrs. Lee, as well as all those in this country 
who have lost a loved one fighting in Iraq or Afghanistan.
  Although Lex will never replace their son, welcoming Lex into the Lee 
family and home will keep a big part of Corporal Lee's life alive for 
their family. Lex loved and protected Corporal Lee on the battlefield, 
and Corporal Lee's family is now able to love and protect Lex in the 
peaceful surroundings of their home in Mississippi.

[[Page 1494]]

  May God bless the United States Marine Corps and all of our men and 
women in uniform, and may God continue to bless America.

                          ____________________




                              {time}  1930
          EDWARD W. BROOKE III, UNITED STATES SENATOR, RETIRED

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from the District of Columbia (Ms. Norton) is recognized 
for 5 minutes.
  Ms. NORTON. Madam Speaker, I come to the floor for a special purpose 
this evening, a purpose that I think every Member of this House would 
want to join in during Black History Month. It is a rare bipartisan 
opportunity to honor a man whom I think Democrats and Republicans alike 
are equally proud of. He is a lifelong Republican, and yet, I, a 
lifelong Democrat, have come to ask Members to sign on to H.R. 1000, a 
bill to honor the first African American popularly elected to serve in 
the Senate of the United States. You heard me. He was not a Democrat, 
he was a Republican, and his name is Edward W. Brooke III, United 
States Senator from Massachusetts, 1967 to 1979.
  I come during Black History Month because I think it would be a 
wonderful opportunity for the House on both sides of the aisle to do 
something together that both wanted to do, instead of simply talking 
about Black History Month in the abstract, doing something for a former 
Member of the United States Congress who indeed was African American. 
His service was of such quality that the President of the United 
States, several years ago, already awarded former Senator Brooke the 
highest national medal that our government can offer, the Presidential 
Medal of Freedom. But the highest medal we can offer is the 
Congressional Gold Medal. The Senate, where Senator Brooke served, has 
already unanimously passed this resolution. This is a special time, I 
think, that the House would want to follow suit.
  I want to note, Madam Speaker, just how broad range was the support 
in the Senate. When you have Senator Harry Reid and Mitch McConnell on 
the same bill to honor this former Senator, I think it says it all. 
When you have Senators ranging from Senator Edward Kennedy to Senator 
Ted Stevens, I think that is the very definition of a bipartisan bill, 
and they were among the cosponsors.
  Why did they do this? Why has Senator Brooke already gotten the 
highest medal that the President of the United States can offer? It is 
because of his distinguished career in the Senate; it is because he did 
a breakthrough at the time that breakthroughs were not even done; and 
it is because of his service in other ways.
  He received the Bronze Star, the Distinguished Service Award, and the 
Grand Cross of the Order of Merit from the Italian Government for his 
leadership during 195 days in combat in Italy as a captain in World War 
II in the segregated 366th Combat Infantry Regiment. That, Madam 
Speaker, is the very definition of a patriot.
  I, of course, know about Senator Brooke. This is perhaps somewhat 
personal to me, because he was born and raised in the District of 
Columbia. Mind you, his greatest service did not occur in this city as 
a native Washingtonian, but only in this city after he was elected to 
the Senate.
  He was born and raised in segregated Washington, DC. The city was as 
segregated as any southern city then, including its public schools, the 
very public school from which I graduated as well, Dunbar High School. 
He was educated at Howard University and then went to Howard Law 
School, and hadn't left the District of Columbia until he went to serve 
in the Armed Forces of the United States.
  Then somehow he realized there were greener pastures than his own 
hometown, and he went to Massachusetts to set up the practice of law 
and got the idea in his head that in a State with almost no African 
Americans, with almost no Democrats, he could get to be, first, the 
first black Attorney General in the United States, and then the first 
Senator elected by popular vote to the United States Senate.
  We all know that it is very difficult for an African American or a 
person of any minority to be elected statewide. When this happened in 
the mid-sixties, I think we stand in awe of what kind of man it must 
have taken to have effected this change then.
  So I ask Members if they will, before this month is over, and there 
are other Members trying to help me do so, join most of the Members of 
the House who have already signed on to H.R. 1000 to award the 
Congressional Gold Medal.

                          ____________________




                     TIME TO WAKE UP ON THE BUDGET

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Ohio (Ms. Kaptur) is recognized for 5 minutes.
  Ms. KAPTUR. Madam Speaker, this week, ExxonMobil reported it beat its 
own record for the highest annual profits ever recorded by any company 
with its net income rising to $40.6 billion in 2007, the highest record 
profits of any company in American history. Those profits are due to 
the surging oil and gasoline prices that we are all paying. Meanwhile, 
here in Washington, the establishment sits around the table in 
anticipation of the President's budget proposal. Lobbyists, advocates, 
lawmakers, and agency heads wait in anticipation.
  This year it seems that the President has outdone himself by pushing 
up our national debt to $9.2 trillion, nearly $10 trillion. When 
President Bush took office, gasoline cost $1.45 a gallon. When he took 
office, gasoline cost $1.45 and we were showing surpluses after the 
discipline we had exacted here during the 1990s, surpluses in our 
budget of $5.6 trillion. Now gasoline regularly rises above $3 a gallon 
and the annual budget is in the red, his latest budget as submitted by 
over $407 billion, and you know it is going to rise to over half a 
trillion dollars with the war costs.
  What a story. While the Nation goes deeper into the red with higher 
gas prices and bigger deficits, oil companies are making out like 
bandits. Compare a $407 billion budget deficit for our country with 
$40.6 billion in exorbitant profits taken in by ExxonMobil in 2007. 
ExxonMobil posted the largest profit in U.S. history, sucking those 
dollars from our people.
  While we are considering a stimulus package to jump-start our 
economy, imagine how solving our tremendous energy crisis could help 
every single American. We are talking about sending pennies to some 
Americans in this so-called stimulus package, while these giants are 
running off with billions and billions and billions of dollars. Where 
is the courage of this Congress to balance these accounts and to make 
sure that those who need help in our country actually get it?
  If you add up the President's budget request for the Army Corps of 
Engineers, the Small Business Administration, the Department of Labor, 
the National Science Foundation, the Department of Commerce, and the 
entire Environmental Protection Agency, it costs $2 billion less to run 
them all than ExxonMobil made in 2007. Think about that.
  Let's think about what it means for our Nation's priorities. It is 
more important for ExxonMobil to make billions than it is for us to 
conduct scientific research or to clean up the environment or to extend 
unemployment benefits or to help businesses in this economy, small 
businesses try to survive, to fix up our levees and our bridges and our 
roads?
  Think about the millions of Americans we could help who are facing a 
meltdown in the housing market and losing their most important form of 
savings. Think about the nearly 200,000 homeless veterans living on the 
streets of our country. What an embarrassment. Think about the 33.5 
million Americans that are food insecure and regularly go to bed hungry 
as our food pantries run dry.
  It is often said that a budget is the real show of a nation's values. 
When President Bush complains about how America is addicted to oil in 
his State of the Union but then fails to move our

[[Page 1495]]

Nation to energy independence, we sure know where his values fall. When 
our society allows our oil barons to make off with billions, skimmed 
away from the American people, we know where those loyalties lie.
  With oil prices continuing to rise, the high price of gasoline 
continues to fuel our trade deficits. With oil prices as high as $98 a 
barrel last year, the monthly trade deficit from oil rose to a level 
rarely seen, $24 billion just in November of 2007.
  We all know that this FY 2009 proposed Bush budget is an empty shell 
from a lame duck President, but somehow we had expected more. Congress 
should reject the President's proposed budget and rewrite it in a way 
that protects the American consumer, invests in energy independence, 
and provides a real stimulus for the American economy at a time when 
the American people are crying for it.
  Millions and millions of Americans are losing their homes, their most 
important form of savings. When is this Congress and when is this 
President going to wake up?
  Madam Speaker, I include the following for the Record.

                     [From the Blade, Feb. 2, 2008]

        Surging Prices Pump Up Oil Giant's Record $40.6B Profit

       New York.--ExxonMobil reported yesterday that it beat its 
     own record for the highest annual profits ever recorded by 
     any company with net income rising to $40.6 billion in 2007 
     thanks to surging oil prices.
       The company's sales last year, more than $404 billion, 
     exceeded the gross domestic product of 120 countries.
       ExxonMobil made more than $1,287 of profit for every second 
     of 2007.
       The company also had its most profitable quarter ever. It 
     said net income rose 14 percent, to $11.7 billion, or $2.13 a 
     share, in the last three months of the year.
       Like most oil companies, Exxon benefited from a near 
     doubling of oil prices, as well as higher demand for gasoline 
     last year. Crude oil prices rose from a low of around $50 a 
     barrel in early 2007 to almost $100 by the end of the year--
     the biggest jump in oil prices in any one year.
       ``Exxon sets the gold standard for the industry,'' said 
     Fadel Gheit, an oil analyst at Oppenheimer & Co. in New York.
       Oil companies all have reported strong profits in recent 
     days.
       Chevron, the second-largest American oil company, said 
     yesterday that its profits rose 9 percent last year, to $18.7 
     billion.
       The backlash against the oil industry, which periodically 
     has intensified as gasoline prices have risen in recent 
     years, was swift.
       One advocacy group, the Foundation for Taxpayer and 
     Consumer Rights, called the profits ``unjustifiable.''
       Some politicians said Congress should rescind the tax 
     breaks awarded two years ago to encourage oil companies to 
     increase their investments in the United States and raise 
     domestic production.
       ``Congratulations to ExxonMobil and Chevron--for reminding 
     Americans why they cringe every time they pull into a gas 
     station,'' Sen. Charles Schumer said (D., N.Y.).
       Exxon defended itself against claims that it was 
     responsible for the rise in oil prices.
       Anticipating a backlash, Exxon has been running 
     advertisements that highlight the size of the investments it 
     makes to find and develop energy resources--more than $80 
     billion between 2002 and 2006, with an additional $20 billion 
     planned for 2008. The company says that in the next two 
     decades, energy demand is expected to grow by 40 percent.
       ``Our earnings reflect the size of our business,'' said 
     Kenneth Cohen, Exxon's vice president for public affairs. 
     ``We hope people will focus on the reality of the challenge 
     we are facing.''
       Given the darkening prospects for the American economy, 
     some analysts said oil company profits soon might reach a 
     peak. Oil prices could fall this year if an economic slowdown 
     reduces energy consumption in the United States, the world's 
     biggest oil consumer.
       Such concerns have pushed oil futures prices down about 10 
     percent since the beginning of the year. Oil fell 3 percent, 
     to $88.96 a barrel, yesterday on the New York Mercantile 
     Exchange.
       Exxon shares fell a half-percent, to $85.95.
       Some analysts said high oil prices, and the record profits 
     they create, were masking growing difficulties at many of the 
     major Western oil giants.
       Faced with resurgent national oil companies--like 
     PetroChina, Petrobras in Brazil, or Gazprom in Russia--the 
     Western companies are having a hard time increasing 
     production and renewing reserves.
       As oil prices increase, countries like Russia and Venezuela 
     have tightened the screws on foreign investors in recent 
     years, limiting access to energy resources or demanding a 
     bigger share of the oil revenues.
       At the same time, many of the traditional production 
     regions, like the North Sea and Alaska, are slowly drying up.
       Western majors, which once dominated the global energy 
     business, now control only about 6 percent of the world's oil 
     reserves. Last year, PetroChina overtook Exxon as the world's 
     largest publicly traded oil company.
       Excluding acquisitions, Exxon was the only major 
     international oil company with a reserve replacement rate 
     exceeding 100 percent between 2004 and 2006, meaning it found 
     more than one barrel for each barrel it produced, according 
     to a report by Moody's Investors Service, the rating agency.
       In a related development, the OPEC cartel, which met in 
     Austria yesterday, left its production levels unchanged, 
     resisting pressure from developing nations to pump more oil 
     into the global economy.
       The Organization of Petroleum Exporting Countries is set to 
     meet again next month. The cartel signaled it would be ready 
     to cut production to make up for a seasonal slowdown in 
     demand in the second quarter.
       OPEC's actions mean the cartel is determined to keep prices 
     from falling below $80 a barrel, according to energy experts.
       The U.S. response to OPEC's decision was measured.
       ``I think everyone is fully aware that having a reliable 
     and steady and predictable supply of oil is a benefit to the 
     global economy,'' White House spokesman Tony Fratto said. 
     ``We hope that they understand that their decisions on oil 
     production have a real impact on the economy.''

                          ____________________




 REPORT ON RESOLUTION WAIVING REQUIREMENT OF CLAUSE 6(a) OF RULE XIII 
          WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS

  Ms. SUTTON, from the Committee on Rules, submitted a privileged 
report (Rept. No. 110-552) on the resolution (H. Res. 955) waiving a 
requirement of clause 6(a) of rule XIII with respect to consideration 
of certain resolutions reported from the Committee on Rules, which was 
referred to the House Calendar and ordered to be printed.

                          ____________________




REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 4137, COLLEGE 
               OPPORTUNITY AND AFFORDABILITY ACT OF 2007

  Ms. SUTTON, from the Committee on Rules, submitted a privileged 
report (Rept. No. 110-523) on the resolution (H. Res. 956) providing 
for consideration of the bill (H.R. 4137) to amend and extend the 
Higher Education Act of 1965, and for other purposes, which was 
referred to the House Calendar and ordered to be printed.

                          ____________________




         PAYING THE PRICE FOR THE PRESIDENT'S FLAWED PRIORITIES

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from New York (Mr. Bishop) is recognized for 5 minutes.
  Mr. BISHOP of New York. Madam Speaker, at least President Bush is 
consistent. Like the other seven budgets that he has submitted to this 
Congress, it is no surprise that his eighth and final request continues 
to reflect spectacularly flawed priorities. There was some debate 
earlier this week about whether the budget should be printed and 
distributed to congressional offices. Perhaps the best decision would 
have been to spare us the books and save the trees.
  For the eighth year in a row, the administration has degraded the 
budget process. This budget barely goes through the motions. Instead of 
formulating a blueprint to guide this Nation toward what should be our 
fiscal priorities, the budget continues the flawed policies of the past 
7 years.
  Without putting forth an honest or straightforward budget, the 
President has yet to attempt seriously to meet our goals, goals that we 
should all share of budgetary accountability, enforcement, and fiscal 
responsibility. This is why so many of our colleagues, Madam Speaker, 
have already accurately described the President's budget request has a 
pro forma document with little meaning or relevance, that has also been 
described as arriving on Capitol Hill ``dead on arrival,'' and that is 
perhaps a very, very good thing. Perhaps the lack of truth in budgeting 
represents the best example of why ``change'' has become the overriding 
theme of this coming election.
  This Congress should refuse to be misled again by a budget that hides 
the true costs of the devastating fiscal policies of this 
administration. For example, omitting total war costs gives

[[Page 1496]]

an artificially deflated notion of what the deficit will be, and we now 
have the Secretary of Defense estimating that the true cost of the war 
in fiscal 2009 will be $170 billion, as opposed to the $70 billion that 
is put in the budget as a placeholder. That number alone will drive the 
deficit up to over half a trillion dollars. The President's budget also 
omits the cost of extending the tax cuts, the 2001 and 2003 tax cuts, 
which disproportionately favor those who need those tax cuts the least.
  Let me just cite two very troubling aspects of a budget that is shot 
through with scores of troubling aspects. The first is one that is of 
particular importance to my home State of New York. We have been 
fighting, those of us in New York, and this fight has been led 
primarily by Carolyn Maloney and also Vito Fossella and Jerry Nadler, 
to see to it that the brave Americans who responded to the site of the 
World Trade Center, first to try to rescue people, then to recover 
bodies and then to clean up what came to be known as ``the pile,'' some 
70 percent of them are suffering from various health ailments relating 
to the toxins that they were exposed to in the days immediately 
following those attacks on the Twin Towers.
  In the current year, the Congress committed to spend $150 million to 
provide for the ongoing health care needs and monitoring of those very 
brave first responders and rescue workers. The President's budget cuts 
that number to $25 million.
  My question for the President is: Have all of these people all of a 
sudden become well? Have they been miraculously cured? Or, more likely, 
has the President simply decided that providing health care for these 
very brave Americans is simply not a Federal responsibility? In either 
case, I certainly hope that this Congress will do the right thing and 
restore that funding.
  The second has to do with education, particularly access to higher 
education. In his State of the Union message, the President chided the 
Congress for not having fully funded his American Competitiveness 
Initiative. Yet we are now presented with a budget that eliminates two 
programs for student financial aid that are absolutely crucial for 
needed students to attend college. One is called Supplemental 
Educational Opportunity Grants, approximately $750 million a year, and 
the other is Perkins loans, approximately $670 million a year. For 
those two programs, the President advocates taking approximately $1.4 
billion out of the student loan program, and does so while costs are 
rising and the ability of students to pay is declining.
  How can we have a competitive workforce, how can we have a 
competitive Nation, if we don't even provide our young men and women 
with access to college?
  Future generations of Americans will pay the price for the 
President's flawed priorities and more debt as a consequence of his 
actions. In fact, the debt that will be accrued over the 8 years of the 
Bush Presidency will amount to some $3.5 trillion. That is an amount 
that exceeds the combined debt of all of the Presidents from George 
Washington through the first President Bush.
  Madam Speaker, I encourage my colleagues, I implore my colleagues, to 
resolve one last time to defeat this budget request from the President 
and to restore middle-class, mainstream priorities, the very priorities 
that our new majority has been working on now for the last year.

                          ____________________




                              {time}  1945
                              HEALTH CARE

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 18, 2007, the gentleman from Texas (Mr. Burgess) is recognized 
for 60 minutes as the designee of the minority leader.
  Mr. BURGESS. Madam Speaker, I come to the floor tonight to talk about 
health care, which we sometimes do in this hour. It's an important 
subject, and we are going to hear a lot about this over the coming 
year. We have got a Presidential election that is now in full throttle 
across the country.
  We just had Super Tuesday, and by a strange turn of events the 
nominations are not settled and my home State of Texas now next month 
will, in fact, play a big role in helping select the nominees of the 
two parties. During this coming month, I expect we will hear a great 
deal about the plans and visions and the aspirations of the different 
candidates for health care.
  But let's not forget, when we talk about health care, that it is on 
the floor of this House where about 50 cents out of every health care 
dollar that is spent in the United States of America today, it is on 
the floor of this House where that spending originates. I can't help 
but observe the last speaker who was addressing the House on the 
subject of the budget was critical of the President's budget, which is 
his prerogative and his right, but I would remind the previous speaker 
that it is his party that is in charge, as it was last year, and while 
it is the President's obligation to present a budget to the Congress 
every year, it is then the Congress' obligation to work on that budget 
and pass a budget, which will be voted on later in the year, that 
either accepts or rejects those proposals put forth by the President.
  Indeed, last year, that is exactly what happened. So the budget that 
went forward last year was not the President's budget, I would point 
out to the gentleman from New York, but the budget last year was the 
budget passed by the majority on the House of Representatives floor 
last year, and the same thing will be true this year. They are in 
charge. It is their right and prerogative under the rules of the House 
that they will have absolute authority to create the budget and, as a 
consequence, those things that are felt to be important are going to be 
those things that are championed by their side. Those things that are 
felt to be less important will be those things that are left of the 
budget. That responsibility lies in the House of Representatives. Under 
the rules of the House, that responsibility lies with the majority 
party. Currently, the majority party is the party of the gentleman who 
just spoke.
  So while I appreciate his passion, I appreciate his fervor in talking 
about the President's budget, I think he would be better served to 
actually spend some time talking to his leadership about the priorities 
as they come forward over this next year, because there are some 
significant problems that faced this House last year that were simply 
kicked down the road at the end of the year.
  In fact, we saw a repeat of that last week. We were obliged to 
reauthorize the Foreign Intelligence Surveillance Act so that we have 
the tools necessary, our intelligence community has the tools necessary 
to prevent terrorist attacks on our homeland security and to help 
protect our soldiers who are serving in Iraq and Afghanistan. We 
couldn't do it, so we kicked the can down the road a couple of weeks 
right at the end of the year, December.
  We were supposed to do something about Medicare because physicians 
across the country were facing a 10.1 percent reduction in their 
reimbursement, a 10.1 percent pay cut if Congress didn't act. Well, we 
did act. We prevented that, but we prevented it for 6 months. Six 
months. What an insult. What an insult to the physicians of this 
country who are taking care of our Medicare patients, the patients we 
have asked them to care for. We couldn't even do our work to give them 
the certainty of what they would be reimbursed for the next year? No, 
it's 6 months is all you get, Doc, and then we're going to come back 
and visit it again. And, oh, by the way, we'll be in the middle of that 
Presidential campaign by then, so don't expect us to devote much more 
attention to it in June than we were able to muster in December.
  But I digress. My purpose in being here tonight is to speak a little 
bit about what is going on in the practice of medicine, and, in spite 
of the fact that I may sound a little bit despondent, I will tell you 
that I am so optimistic about the world ahead, what the future holds 
for the young people today who are contemplating a career in health 
care.

[[Page 1497]]

  When I was a young medical student in the mid 1970s in Houston, 
Texas, I could never have imagined that the day would come in my 
lifetime when a person could, of their own volition, go to the Internet 
and, with a couple of mouse clicks, find a place that would analyze 
their DNA and for less than $1,000 provide them vital insights into 
their genomic makeup so that they might be forewarned about some 
diseases, so that they might be forewarned about some conditions and 
use those tools to help manage their health well into the future.
  Now, we hardly know what the results of this type of investigation 
are going to be. It has only been in the last couple of months, in 
fact, I think it was Thanksgiving that I read the New York Times 
article that talked about one of these labs that would provide this 
service. But who would have thought when I was in medical school in the 
mid-1970s that this day would have dawned where that information is 
available not just to the physician, it's available to the patient, to 
anyone who wishes to go on the Internet and seek out that information, 
seek out that lab and have that type of analysis done.
  Think back on 20 or 30 years ago, a patient went to the doctor, the 
doctor gave a diagnosis, recommended a treatment plan to the patient, 
who pretty much had to accept what was given or go get a second 
opinion. Then, of course, in the late 1990s, and I know this very well 
because I was practicing actively at that time, render a diagnosis, 
write out a treatment plan, the patient would go to the Internet and 
check it out and then they come back and say, Doctor, this is what 
you're supposed to be doing. I went to the Internet and read about 
this.
  Now in the 21st century a patient will be coming to their physician 
and providing genomic information and saying, Doctor, here's what I'm 
at risk for developing. How are you going to help me keep that from 
occurring? You know, Dr. Elias Zerhouni, the head of the National 
Institutes of Health, talks about a world where medicine becomes a 
great deal more personalized. It's no longer one size fits all, it's no 
longer just one antidepressant is out there for everyone. It's a much 
more personalized endeavor.
  Because of the ability to know this information about the human 
genome, it's going to be a great deal more predictive. As a 
consequence, because of that predictive value, preventive medicine is 
going to take on new meaning, a meaning that, again, I would have never 
thought possible early in my training.
  Finally, medicine is, of necessity, going to become more 
participatory. A patient will no longer be just a passive passenger 
along for the ride on their medical journey. No, they will have to be 
an active participant in managing their health care from times of 
health and times of disease.
  Medicine is right on the verge of a truly transformational time. You 
add what we know, what we are beginning to understand and learn about 
the human genome and look how fast information comes at us nowadays. It 
is, again, just hard to think that back in the mid-1970s when I was in 
medical school, Internet, never heard of an e-mail, what's that? And 
now these are things that we take for granted. To our children, these 
modalities are simply second nature. They cannot imagine existing for 
even a day in a world where a cell phone and e-mail are not readily at 
their fingertips.
  The speed at which information comes to us is truly phenomenal and, 
as a consequence, in professions such as the health care professions, a 
dramatic effect is going to be felt because of the ability to sort 
through large amounts of information over a short period of time and to 
extract data from those large amounts of information.
  On the floor of this House, in September of this year, we 
reauthorized legislation pertaining to the Food and Drug 
Administration. It was truly landmark legislation. I don't know if my 
friends on either side of the aisle really recognized how significant 
that legislation was, because, for the first time, for the first time 
the Food and Drug Administration is provided with the tools for 
collecting that type of information and proactively researching that 
database.
  The day may well dawn when a problem like Vioxx is discovered early, 
early in its release into general use and the types of difficulties 
that were encountered with that medication several years ago will, in 
fact, be a thing of the past. The red flags will be up. The warnings 
will be there. They will come immediately to someone's attention 
because of the type of database management that will be available. 
Truly, we will have a system that is totally interactive. The resultant 
effect on public health will be profound, because it's not just the 
side effects and the untoward effects that we are talking about, what 
if there was an unexpected beneficial effect where, perhaps, more 
people ought to be offered the benefits of this therapy or this 
medication.
  Certainly, the story that we have learned with the type of medicine, 
the class of medicine called statins that lower cholesterol, that story 
has evolved significantly over the last several years. In the early 
1990s, a LDL cholesterol of less than 130, you're in good shape. Then a 
couple of years later, it was less than 100, and now it's well under 
100. The numbers to shoot for have gone down because the experience 
with that medicine, the information and data that has been gathered has 
pointed the way for physicians to understand that a subsequent lowering 
of that value will, indeed, protect a person's health in ways that they 
wouldn't have imagined when those medicines were first released.
  Medicine is in a transformational time. Congress is going to have a 
lot to do with how medicine is practiced and paid for and regulated, 
not just in the next couple of years, but in the next 20 years, 30 
years, 40 years, 50 years. The decisions that we make on the floor of 
this House today are going to extend far into the future, probably far 
beyond the lifetimes of many of us who serve in this House today.
  But Congress really is not in the business of being transformational. 
Congress is transactional. We heard that just a few moments ago with 
the discussions on the budget. What does Congress do? We take money 
from this group and we give it to this group, and it defines who we are 
morally if we listen to the rhetoric of the last speaker. But that's 
what Congress does. We transact, we take money from this group, and we 
give it to this group. If you will watch the discussion that unfolds on 
the budget over the next several weeks, that will become intuitively 
obvious to the most casual of observers.
  However, in a body that is so focused on the transactional, is it 
possible to keep an eye on the transformational and be certain that we 
don't derail the transformation that is likely to be occurring in 
medicine today? That's one of the tasks, that's one of the challenges, 
that's one of the obligations that we have serving in this body.
  Now, I would submit if Congress wants to participate in the 
transformation, if they want to participate in improving health care, 
they are, in fact, capable of doing so. In fact, Congress could be a 
partner in the transformation if we can step back from the 
transactional long enough to focus on the transformational. This is not 
just theoretical.
  I had an opportunity to speak to Dr. Michael DeBakey, pioneer in 
heart surgery, a gentleman of great renown. We honored him on the floor 
of this House with a Congressional Gold Medal earlier this year. I had 
an opportunity to sit down with Dr. DeBakey. He talked about some of 
the changes that he has seen in his lifetime. He related how when he 
was a young man and graduated from medical school and then did his 
residency at Tulane Charity Hospital in New Orleans, he wanted to go 
into research. But he knew that in order to have the credentials to go 
into research he would have to go to Europe in order to obtain those 
credentials. This was back in the 1930s. Well, nowadays, someone who 
graduates from medical school and finishes their training and wants to 
devote a lifetime to research gets those credentials in the United 
States of America. In fact, other physicians travel to this country,

[[Page 1498]]

to our hospitals, to our Texas Medical Center in Houston, to our 
Southwestern Medical Center in Dallas, to our M.D. Anderson Hospital in 
Houston. They travel to our country to get those credentials because 
that's where the best science is being done.
  Dr. DeBakey reflected what caused the change between the time he 
graduated in the mid-1930s and what we see now at the end of the 20th 
century and the beginning of the 21st century. He maintained the cause 
of that change was the focus and attention, and, yes, the funding that 
Congress provided to medical research right after the Second World War. 
Indeed, the funding and the vision of the entire National Institutes of 
Health was a product of that type of visionary thinking.
  So as Dr. DeBakey presented that thought to me, it was with the 
underscored emphasis that Congress can do this because Congress has 
done this before. So if we stay focused on helping and protecting and 
promoting that transformation in medicine, then it is possible for 
Congress to be, again, a participant in that transformation and not an 
enemy of that transformation.
  Now, I am fortunate, because I did spend a number of years practicing 
medicine, working one time in a multispecialty practice, part of my 
time in a solo practice, part of my time in a single specialty 
practice, having practiced medicine in several different modalities 
during my lifetime, it gives me the ability to see things from the 
provider's side and now to see things from the policy side.

                              {time}  2000

  It is so important that we spend the effort understanding those 
things that will work and understanding those things that will not 
work.
  I alluded earlier when I first started speaking about the problems 
that we face because we couldn't do our work in December and we 
postponed any real reform on the reductions in physicians' payments 
that we see year after year. You have seen me put up the posters that 
detail how hospitals, drug companies, HMOs are paid on a cost-of-living 
adjusted basis year over year, but physician reimbursement is paid on a 
crazy formula that reduces and ratchets down reimbursements year over 
year. That just simply won't work.
  When I talk about Congress being a transactional body and that 
transactional activity being the enemy of the transformational, that is 
precisely the type of transactional activity to which I am referring.
  Think of it. We always talked about the laws of supply and demand. 
What are we doing to the supply side of that equation if we are 
actually telling our doctors we don't value what you do, and we don't 
care about the fact that you take care of our sickest patients, our 
Medicare patients? That is just not important to us in Congress, and 
then we underline that by postponing dealing with it for 6 months. 
Again, an assaulting concept to the doctor who is toiling day after day 
to take care of the patients that we have asked them to take care of 
for us.
  Another aspect of that activity, as the year wound down last year, 
was the attempt to attach a rather inflexible program of e-prescribing 
to whatever fix we managed to achieve for the Medicare payment. Now, e-
prescribing is not inherently a bad concept.
  Madam Speaker, you think about it, I am left-handed so my handwriting 
has never been good. And then I went to medical school and had to take 
notes fast, and my handwriting got worse. And then I got old, and my 
handwriting got even worse. And so it is very difficult to read those 
handwritten prescriptions that we scribble out quickly at the end of a 
patient visit. What a benefit it would be to the patient, to the 
pharmacist, and to the physician to have a method whereby that 
prescription was shot to the pharmacist via e-mail at the time of the 
patient encounter. It would save waiting time, no problems with 
legibility, and there could be computer algorithms that were developed 
that would prevent a patient receiving a medicine to which they were 
allergic or which would counteract or interfere with another medicine 
they were taking. So a good concept. And then like so many things, 
Congress deals with it in a way that makes it untenable.
  The e-prescribing bill introduced by a Senator on the other side of 
the Capitol, said, Doctor, if you do this, we will provide you a carrot 
and a stick. The carrot is a 1 percent increase in your reimbursement 
for taking care of that patient and providing an electronically written 
prescription at the end of that patient visit. Just 1 percent.
  Now I am going to make some numbers up because it makes the math 
work. In fact, the numbers are probably much lower than what I am going 
to make up. But assume a physician working in an average practice in a 
city like mine sees a Medicare patient, return visit, moderate 
complexity. Assume they are paid $50 for that visit. That is actually 
pretty generous if you look at most of the Medicare fee schedule 
reimbursement rates. But because it makes the math easy, let's say $50.
  So if that doctor participates in an e-prescribing regimen, what does 
that mean? It means they get an extra 1 percent. That is 50 cents for 
those of you slow at math. So that visit is going to take about 15 
minutes if you do it correctly. Again, remember it is a moderately 
complex Medicare patient, a senior citizen. So you get an extra 50 
cents if you, instead of writing that prescription by hand, you put it 
into a laptop or BlackBerry and send it off to the pharmacist 
electronically.
  You can see four of those patients in an hour. If you are really 
pushing yourself and you have everything firing on all eight cylinders 
in the office and the front desk and nurses are moving along, you can 
see four patients in an hour. So four $50 visits. So that is $200 
reimbursed for that hour's work. That is not the doctor's pay. Don't 
misunderstand me. He has to pay all of the overhead as well. 
Nevertheless, during that hour, that physician will generate $200 in 
revenue. For that, if they do e-prescribing, we will reward them and 
give them an additional $2 for that hour's work.
  That is not a great incentive, but let's think about it also from the 
fact that it is not just one prescription that doctor writes for that 
Medicare patient, no. The average Medicare patient has three or four 
prescriptions. So when you figure it on a per prescription basis, the 
actual benefit to the physician is somewhat less than 10 cents for 
every prescription that is handled electronically. And it is a little 
bit more involved to do that. A doctor who is used to writing out a 
prescription quickly can do so quickly. Typing it into a laptop or 
BlackBerry is going to take longer, maybe a minute or two minutes. But 
if you are seeing 30 patients a day, 2 minutes per patient, that adds 
up to an extra hour, and that extra hour is an hour away from hospital 
activities, seeing other patients, an hour away from family. It comes 
from somewhere, because we all know that the hours in the day is a zero 
sum game. If you take an extra hour, it comes from somewhere else.
  So we are going to compensate for that. We are going to pay a little 
less than 10 cents per prescription as it is written.
  What if you don't do it? You say it isn't worth it. You cut my 
reimbursement every year in Medicare, I have to take on this big 
expense, I have to learn a new technology, pay the expense of the 
software maintenance, I am not going to participate.
  Well, the bill that was introduced last December, after 4 years' 
time, would have applied the stick to encourage, again, our physician 
community to utilize this technology. And the stick was a 10 percent 
penalty.
  Wait a minute, a 1 percent up tick and a 10 percent penalty. That is 
imbalanced. Let's go back to our hypothetical return visit, moderately 
complex Medicare patient, a $50 reimbursement, 10 percent penalty, that 
is a $5 penalty for that visit. And if you are seeing four patients an 
hour, that is a $20 penalty for that hour's work. You see the balance. 
If you do it, we will pay you $2 because we think it is worth that. If 
you don't do it, it will cost you $20.
  And we wonder why our senior citizens call up to get an appointment 
with a physician when they get covered

[[Page 1499]]

on Medicare and no one wants to see them? This is the way we behave. We 
cut their pay. We can't agree amongst ourselves to do something 
rational to protect physician reimbursement rates at the end of the 
year. And by the way, we want to add this thing on top, this secondary 
insult on top of the others.
  I urge Congress to not focus on the transactional; focus on the 
transformational. What do you need? If you are going to move from a 
system we have today, which is based on a written prescription, to a 
true electronic prescription environment, who do you need on your side 
on that? I am telling you, if you don't have the doctor on your side, 
it is not going to happen. Yes, you can frighten and cajole and preach 
all you want, but it is important for Congress to remember that this 
transformation will take place faster, with much more expediency, if we 
will take the time and trouble to instruct, educate, provide for, 
provide the proper support and proper compensation for our physician 
community if they undertake it, embracing this type of technology.
  One of the things we are going to hear a lot of as we go through this 
Presidential election year, terms like ``universal coverage,'' 
``universal access,'' and they don't mean the same thing, so it is 
important to spend a few minutes differentiating between the two. We 
will hear talk about mandates and whether they are a good thing or a 
bad thing. We will hear ``individual mandates,'' ``State mandates,'' 
``employer mandates,'' and it is important to spend a few minutes 
discussing the differences between those terms as well.
  Let's deal with the concept of universality of medical care. That is 
one that many people in this body and many people on the Presidential 
trail today say they want to see.
  Now, universal coverage, universal access. Universal access, everyone 
has insurance whether they want to do it or not. It is a little tough 
to do that in a free society, but yes, we can write laws that can make 
that happen. See the discussion on mandates in a few minutes. But 
universal coverage is one of the options available to us.
  Universal access would say that everyone has access, everyone has the 
ability to go out and purchase an affordable policy. And if they can't 
afford it, they have the ability to access a funding mechanism that 
will provide the type of premium support, the type of premium 
assistance to get them that coverage. And that debate will occur over 
this next year.
  Universal coverage, universal access.
  On the whole issue of mandates, and this is an important concept for 
people to understand, is it better to say this is law, this is 
something you have to have, or is it better to create the types of 
programs that people will actually want to have? Let's think about that 
for just a minute.
  What does the term ``individual mandates'' mean? It means a law is 
passed by a legislative body, in this case the Federal Government, 
although it has been tried at the State level. An individual mandate 
means that everyone has to go out and buy insurance. In my home State 
of Texas, we have that with our automobile policies now. Everyone has 
to buy an automobile policy. With an individual mandate, that is how we 
would achieve universal coverage. You have to buy insurance, and if you 
don't, there is a penalty to be paid of some sort.
  In the State of Massachusetts, in really what I consider a very bold 
attempt to provide coverage for everyone, an individual mandate was 
instituted. It hasn't worked out exactly as planned, and some of the 
difficulties encountered in Massachusetts were cited in California as a 
reason why that State's plan for universal coverage was recently 
defeated in the California State Senate. Many people looked at the 
option, or the requirement, I should say, of buying insurance and said, 
I don't know. And then remember the law of supply and demand. We 
increase the demand because we mandate it, you have to do it. What 
happens? The price goes up, and as a consequence some people looked at 
that and said, I really can't afford that. I will pay the fine rather 
than buying the insurance. Truly a perverse incentive.
  So some of the support for the concept being talked about in 
California found itself lacking when faced with that equation in 
another part of the country. How can you consider putting an individual 
mandate on when it drives costs up and people find themselves in a 
position that they would rather pay the fine for not having the 
insurance than they would to purchase the insurance itself?
  When we talk of mandates, and there have been several studies done on 
this, think back to the 1960s. The United States Congress put a mandate 
out there that every motorcycle rider in the country would have to wear 
a helmet. They reversed that mandate and put that obligation, 
correctly, in the court of the States to make that decision. And the 
reason Congress reversed that decision was the hue and cry and outcry 
from across the land from motorcycle riders saying that you can't make 
me wear a helmet in a free society, and Congress eventually backed 
down. And so that was kind of an unpleasant experience with mandates.
  Most States do have an individual mandate for automobile insurance, 
and they get good compliance with that. But it is interesting, one of 
the States with the best compliance has no individual mandate. So 
mandates don't always equal better compliance, and nowhere is that more 
evident than our current tax structure.

                              {time}  2015

  The Internal Revenue Service, which collects our taxes, there's a 
mandate, an individual mandate on every person who earns above a 
certain income level that you will pay taxes. You will pay a percentage 
of that in taxes and, in fact, everyone knows, it's no secret that if 
you don't pay that tax the punishment is going to be sure, it's going 
to be swift, and it's going to be extremely unpleasant.
  We've got 15 percent of the country right now that lacks health 
insurance. Can we get improvement on that number by putting an 
individual mandate on?
  Look at the case with the Internal Revenue Service. A severe mandate, 
severe penalties for noncompliance, and what is our compliance rate 
with the Federal income tax? It's about 85 percent. In other words, 15 
percent don't comply. So this requires a good deal more study and a 
good deal more attention than just simply making that leap of faith and 
saying everyone needs insurance, therefore, there will be an individual 
mandate that everyone will have insurance.
  Again, there were some problems with the cost structure when that was 
tried in Massachusetts to the point that the people in California, the 
State Senators in California, when they looked at that, said, maybe 
that's not the best idea for us.
  Well, once we determine what the overall goal is, then perhaps our 
path will be a little bit easier. Certainly we want to democratize our 
health care in a way that preserves choice, makes certain that patient 
focus is the central theme, and we want to continue to promote 
innovation, because, remember, America is the country that is known for 
medical and scientific innovation.
  Well, what about the concept of creating products that people 
actually want? Do we have a model? Do we have a template that we can 
look at to perhaps discuss that a little further?
  And, in fact, we do. We passed a bill on the floor of this House, 
late in the night of November 22, 2003, called the Medicare 
Modernization Act which provided for a prescription drug benefit for 
citizens on Medicare who had not had one previously. It was called 
Medicare part D.
  What's been the experience with Medicare part D? And I will stipulate 
that there were people on both sides of the aisle in this House, there 
were people on the right who were critical of the Medicare part D 
program, and there was certainly no shortage of critics on the left who 
were critical of the Medicare part D program.
  But as that program was instituted and has now been up and running 
for

[[Page 1500]]

over 2 years, what lessons have we learned from Medicare part D? Well, 
we've learned that more than 90 percent of the persons who were 
eligible for that coverage have, in fact, enrolled.
  Wait a minute. With the IRS, with severe and certain and sure 
penalties, we only get 85 percent compliance. With Medicare part D, by 
creating programs that had value to patients we've got 90 percent 
compliance, and 80 percent are happy with the program. If we go back to 
our friends at the IRS and say, what's the percentage of people that 
are happy with the way our tax system is administered, I don't think 
the number is 80 percent.
  Consider that when we passed that bill on the floor of this House in 
the early morning hours of November 22, or actually I guess it started 
on the night of November 22. It was in the early morning of November 23 
that the bill actually passed. Consider at that time we were told by 
the best actuaries at the Office of Management and Budget and the 
Center for Medicare and Medicaid Services that it was going to cost 
about $37 a month for that coverage. What has the experience been? The 
average plan costs less than $24 a month now, over 2 years into the 
program.
  So this is a Federal program that relies on some competitive forces 
and relies on some participation of the private sector, and, in fact, 
has reined in some of the increase in spending that was feared to 
accompany this program by restoring the savings and incentives and 
leveraging competition and getting the buy-in from the patients 
themselves. What would be the more favorable trajectory? Force people 
into a program, difficult to do in a free society, and your compliance 
rate may not be exactly what you want it. Or would it be better to 
create a program of value that also relied a little bit on some 
competitive forces to keep that cost down.
  Now, one of the great debates that was had on the floor of this House 
a year ago when the current majority party took over was the whole 
concept of reforming the part D benefit. And we don't hear much about 
that anymore. They weren't successful. One of the big proponents, or 
one of the big themes that was proposed was to cause or ask or demand 
that the Secretary of Health and Human Services negotiate drug prices 
with drug companies. I will just tell you from a lifetime in health 
care that HHS or CMS, they don't negotiate prices, they set prices. 
That's what they do. And many of us on my side of the aisle felt that 
that would be counterintuitive to the way this program was working, and 
in fact, it was working.
  And, you know, Madam Speaker, and this is only partly in jest, but if 
we wanted to create a program where the head of a Cabinet agency, an 
agency secretary was to negotiate, maybe we ought to look to the 
Department of Education and ask the Secretary of Education to negotiate 
prices with college deans for the cost of higher education. That might 
be a better trajectory. I'm waiting to see that legislation come 
forward from the majority.
  But, nevertheless, part D was left untouched last January. I'm 
grateful that it was, and I think again the numbers speak for 
themselves. This is a template. This is a model, this is a program that 
we perhaps should seek to duplicate because it created a condition of 
value, that consumers, that patients, that individuals wanted, and the 
compliance rates are high. The satisfaction rates are high. And, most 
importantly, seniors now are getting the medicines they need to keep 
them out of the hospitals and out of the doctors offices, and the 
overall cost for delivering Medicare, while it is still extremely high 
and still likely unsustainable over time, it has at least moderated or 
ameliorated over the last couple of years. In fact, the trustees' 
report from June of last year that came out said the bad news is 
Medicare is still going to be broke. The good news is it's going to go 
broke a year later than what we told you before. So seeing the 
beginnings of that cost savings and how that can change the practice of 
medicine and the delivery of health care in this country, that's a 
powerful anecdote for people to consider.
  One of the things that we talked about is the speed at which 
information will come to us in the future. And there's no question that 
it's increasing every day. Most of us wear a Blackberry on our belt 
that has more computing power than the big computers on Apollo 13. It's 
astounding what's happened with computer power over the last two or 
three decades. And we hear a lot about the improvements of health 
information technology, the improvements in the platforms and what that 
improvement can mean to patient care, what it can mean to the practice 
of medicine, what it can mean to bringing down the cost of medicine. 
And, indeed, these are powerful influences.
  Madam Speaker, I will tell you I haven't always been a big proponent 
of things like electronic health records. But as my experience on the 
ground in Louisiana in 2005 and early 2006 taught, getting to visit the 
medical records room at Charity Hospital shortly after it had been 
dewatered, I didn't know that dewatered was a verb, but, nevertheless, 
that's what the Corps of Engineers told us they did, and indeed, these 
flooded basements were now available for people to go into, the scene 
in the medical records room, the medical records that were damaged by 
the high water, damaged by the chemicals that circulated in that water, 
the black mold that was going on these paper records made it abundantly 
clear that these were records that could never provide useful 
information to a physician or a patient again. And how much more 
powerful would it have been to have that information available 
electronically, available to be transmitted from New Orleans to Dallas 
or Houston or wherever the person had had to travel to after that 
terrible storm and in the ensuing aftermath. It changed my thinking on 
electronic health records and electronic medical records.
  But I will also tell you, I'm concerned about the Federal 
Government's ability to create the structure that people feel is 
necessary for that day to dawn where electronic health records are, 
indeed, the standard. And I say that because when I came here 5 years 
ago, the discussion was, the Federal Government is going to create 
those platforms. It is going to create the software. It is going to 
create the type of information technology that private industry will 
then follow the leadership of the Federal Government. And, Madam 
Speaker, it's 5 years later and we still don't have it.
  I did have the opportunity to speak to a CEO of one of the larger 
insurance companies in this country a few months ago. In fact, he 
talked at a symposium that was put on by Health Affairs downtown the 
first of November. He talked about within his company he has 45,000 
employees, and fully 15 percent were employed in the development of 
software. Fifteen percent were employed in the development of that 
information technology architecture that we all talk about here on the 
floor of this House. In fact, he said if his software development 
portion was a stand-alone company, it would be one of the largest 
software development companies in the United States of America. And yet 
it is a single branch of a single private insurance company. And more 
to the point, they had developed algorithms, mostly from financial 
data, but they had tens of thousands of conditions, medical conditions 
that they had studied, again using purely financially data, and they 
had found some things that actually seemed clinically very relevant and 
certainly important for a company that might be interested in holding 
down the costs of administering health care. They found that if they 
paid for A and B, C was very likely to follow, and guess what? They 
were very likely to have to pay for D, and D cost a lot of money. The 
example given to me was of treating an individual with a heart attack. 
If that individual with a heart attack, if they did not anticipate an 
episode of depression following that individual's illness, it would 
very likely interfere with their rehabilitative efforts after they got 
out of the hospital, and so their likelihood of a long term return to 
health and productivity was curtailed.

[[Page 1501]]

 And again, they found this by analyzing financial data, that if they 
put someone in the hospital for a heart attack, successfully treated 
them, discharged them, but did not anticipate depression, they were 
very likely at some point to pay for a hospitalization for depression, 
pay for treatment of another heart attack because they didn't comply 
with the regimen after they got out of the hospital. Very powerful 
information. And as someone who spent 25 years in clinical medicine, I 
will tell you, that's just exactly the type of information that would 
be extremely valuable to the clinician.
  Well, what's the problem? The Federal Government said 5 years ago 
that it was going to develop the platforms that private industry would 
then take up and follow, and we haven't done it. And yet here's an 
individual from the private sector excitedly telling me about what his 
company is doing and the benefits that they've found. And you have to 
ask yourself, would it not perhaps be better for the Federal Government 
to allow that to happen, allow a company to develop that type of 
software, to develop those types of programs, to perhaps bring the 
clinicians now and begin to populate some of those fields with clinical 
data so that they could get even better and more accurate information.
  And I asked that individual, well, what would it take? What would you 
need to see from us to allow this to work better for you? And, no great 
surprise, he talked about the things that we talk about on the floor of 
this House all the time. He said, it wouldn't hurt to have some 
regulatory reform. It wouldn't hurt to have some reform in what are 
known as the Stark laws that prevent hospitals and physicians from 
doing too much together for fear of some type of unjust enrichment. We 
would need some modifications to some of the privacy laws. And at the 
end of the day, too, we're going to need some safe harbors with 
liability. But if you provided us that, we could really take this to 
the next level. And we won't. And yet they're ready to make the 
investment and they're already making the investment, even without any 
Congressional activity, because they find it delivers value to their 
patients, to their physicians and, yes, to their bottom line because 
they're a profit-oriented company.
  What is the difficulty with this body recognizing that that type of 
activity is going on all around us, and maybe we don't need to reinvent 
the wheel here on the floor of this House. Maybe we just need to wake 
up and look around at what is happening literally just across the 
street.

                              {time}  2030

  Now, some of the other things I want to talk about this evening 
before I run out of time, I have already alluded to the problem with 
supply and demand in our physician workforce.
  Just a little over 2 years ago when he was finishing up his term as 
Chairman of the Federal Reserve Bank, Alan Greenspan came and talked to 
a group of us one morning and the inevitable question about Medicare 
came up: How are we going to pay for it in the future? What is it going 
to cost? And the Chairman was concerned as well, but he did say, When 
the time comes, I think Congress will make the hard decisions that 
Congress is required to make so that the program will continue. He 
stopped, and then he went on to say, What concerns me more is will 
there be anyone there to deliver the care when you need it?
  And we've already talked about some of the problems that are inherent 
in the formula by which Medicare reimburses physicians.
  And one of the things I don't think I can stress enough on the floor 
of this House, because I don't think Members understand this, they 
think, well, that's just Medicare; that's just a part of the practice 
of medicine. That's not the whole story. Well, it is about half the 
story. Actually, the Federal Government does pay for about half of the 
health care expenditure in this country, if you go back to the first 
moments of this discussion.
  But the other thing is that the rates by which Medicare reimburses 
for health care informed the rates that are set by the private 
insurance companies in this country.
  So indirectly, we have a system of Federal price controls on medicine 
in this country today. And that's why, when we ratchet down the 
reimbursement rate for physicians on Medicare, and everyone in the body 
is quick to say, Oh, well, doctors make plenty of money. There's no 
need to worry about that. Remember, also, we are affecting not just 
Medicare, over which we have jurisdiction, but we are also affecting 
those reimbursements in the private sector as well because there is not 
a level playing field between provider and third-party payer. That's 
one of the problems inherent in our system now. People that go to the 
physician don't actually pay the physician; they pay the insurance 
companies. Same with the employers. They don't actually pay the 
physician; they pay the insurance company.
  So that interposition of a third-party intermediary has created a 
good deal of the tensions and a good deal of the problems that we see 
today.
  But we must not forget, that is a system that is there, that is a 
system that is in place, and when we make a decision about Medicare 
reimbursement rates, the ripple effect throughout the health care world 
in the reimbursement is significant, it's profound, and it is 
immediate.
  One of the things that I feel very strongly about is that we do need 
to help people know what they're buying and what they're getting in 
health care. And one of the bills that I introduced early in the first 
session, the last year of this Congress, was H.R. 1666, which does deal 
with health care transparency.
  It sets a floor of a level of transparency that should be available 
in every State. Many States have already undertaken this work. My home 
State of Texas has, and, in fact, patients can go to the Internet to a 
Web site. It's texaspricepoint.org, abbreviation txpricepoint.org, and 
they can get information about the hospitals in their county. Most of 
it is pricing information. Other information, other useful clinical 
information such as length of stay is also available.
  At some point I expect there will also be the transparency about 
things like complication rates and infection rates, but it's still a 
work in progress. Other States have done similar activities. The State 
of Florida with its RxCompare. People can compare prices for different 
prescriptions, which has been useful for the people of Florida.
  What the intent of H.R. 1666 was to not provide a Federal standard 
but at least to provide a level of transparency below which States 
should not go. And I would like to see this House of Representatives at 
some time take on this problem, because I think it is one that is 
extremely important.
  And it does lead in to the other issue of how States and hospitals 
report complications, such as infections. And, again, I do think there 
is a role for Congress, I do think there is a role for the Federal 
Government, not so much in writing that legislation State-by-State, but 
providing the framework by which the reporting can occur to allow a 
Federal agency such as the Centers for Disease Control the ability then 
to aggregate that data and provide useful information back in real-time 
to the States and to the hospitals and to the physicians about 
infection rates in their particular areas.
  Most epidemiologists will tell you the chance to measure is the 
chance to cure, or the chance to prevent, in the case of infections. 
And the metrics, just the activity of undergoing the metrics in those 
conditions, will oftentimes lead to improvements that were 
unanticipated at the beginning of that program of metrics.
  Other legislation that's out there that deals with our physician 
workforce, H.R. 2583, H.R. 2584, both bills designed to affect 
individuals earlier in their career, in the health care workforce even 
prior to the entrance into medical school, the ability to provide a 
little bit more flexibility and a little bit more balance in the health 
profession scholarship, a little bit more flexibility in loan 
forgiveness and tax incentives for individuals who are going to medical 
school and will agree to

[[Page 1502]]

practice in medically underserved areas in high-need specialties, and 
that is essentially primary care, also fields like OB/GYN and general 
surgery, to provide a little bit more flexibility to help incent people 
who are willing to make those types of decisions. And there is 
significant lifestyle decisions that they are making to undertake those 
type of careers.
  And then there's another program to increase the number of primary 
care residencies that are available, again, in high-need areas, 
medically underserved areas for specialties that are in high demand, 
and, again, we are principally talking about the primary care 
specialties.
  The barriers for entry for a medium-sized to moderate-sized hospital 
to start up a residency program are essentially costs. And some of 
those start-up costs in this legislation can be provided for in a loan. 
And there will be a loan that is paid back so that money will recycle, 
and the overall return to the taxpayer is increased that way. It will 
allow those hospitals the ability to set up a residency program where 
none has existed in the past. And I can think of many, many hospitals 
in my home State of Texas that could benefit from that type of 
activity.
  And one of the things when people study how physician manpower is 
distributed, you can say a lot of things about doctors, but sometimes 
we are not very imaginative and we don't tend to go very far from where 
we trained, and there are some valid reasons for that. You get 
comfortable with referral patterns. People know you from your training 
program, so they're apt to refer to you. There's a degree of comfort 
there. And myself, for example, I went into practice less than 25 miles 
from where I did my training. A lot of doctors do follow that same sort 
of trajectory.
  So if we can move the training programs into the areas that need the 
physicians, it may then follow that those physicians who train in those 
programs will end up staying in those medically underserved areas.
  It's difficult for me to come to the floor of the House and talk 
about things related to health care and at least not mention some of 
the problems that we face with our medical justice system in this 
country. And I know there are lots of people out there with a lot of 
different ideas, caps on noneconomic damages, medical courts, early 
offer arbitration. The time has come for us to have a serious 
discussion to put some of the partisan differences aside, to put some 
of the special interests aside and have a rational discussion about how 
we can meaningfully impact that problem in this country.
  My home State of Texas passed rather significant legislation 4 years 
ago dealing with the issue of caps on noneconomic damages. It was 
patterned after an earlier California law, the Medical Injury Reform 
Act of 1975. It was passed out in California, which put a $250,000 cap 
on noneconomic damages. The Texas legislation was a little bit 
different. Instead of a single cap, there were three different caps, 
each capped at $250,000, but the aggregate was $750,000 compensation 
available for noneconomic damages. It has worked very well in my home 
State of Texas.
  The year that I left practice to come to Congress, we were in crisis. 
We had gone from 17 medical liability insurers down to two. You 
certainly don't get much in the way of competition when you only have 
two insurers, and as a consequence, the price for those premiums was 
ever escalating. Now we have had many insurers come back to the State. 
They've come back to the State without an increase in premiums. And, in 
fact, Texas Medical Liability Trust, my last insurer of record, has 
returned, the last time I checked, 22 percent reductions and dividends 
back to their physicians that they cover. And that's significant 
because, remember, these premiums were going up by 10, 15, 20 or 25 
percent year over year, and then on the past 4 years, they've not only 
stabilized, but they've come down 22 percent.
  Small and medium-sized hospitals that self-insure for medical 
liability have had to put less in reserve against a bad judgment, and 
as a consequence, there has been more money to spend on just exactly 
the kinds of things you want your community hospital to be spending its 
money on; things like nurses' salaries, capital improvement, investing 
in their capital infrastructure.
  So it is a good news story from the State of Texas in terms of what 
we've been able to do with liability in my home State, and I'm not 
going to say that's the only answer, but I think it is a very good 
answer. I introduced legislation, H.R. 3509, to essentially provide the 
Texas legislation on a national scale.
  In fact, we had a lot of talk about the budget earlier tonight. Last 
year, I offered that bill to the Budget Committee because the 
Congressional Budget Office scored it as nearly a $4 billion savings 
over 5 years. I realize that's not much when you are talking about a $3 
trillion budget, but that's $4 billion. That's a significant savings, 
and I was willing to donate that to the Congress.
  Take up that concept, write it into law in your budget resolution, 
and let's get something done to stabilize medical liability prices in 
this country, not so much for my home State of Texas, as we've already 
done it. But what about Pennsylvania? What about New Jersey? What about 
Maryland? What about New York? Maybe those areas could benefit from 
some of that same type of thinking as well.
  Well, suffice it to say that that concept was not accepted, but I 
will extend the offer to members of the Budget Committee on both sides 
of the aisle that $4 billion in savings is still available to you. H.R. 
3509 is the bill, and I will be happy to relinquish all ownership 
rights and donate that to the greater good of the United States 
Congress and the people of the United States.
  One last piece of legislation that I want to mention, and it was 
introduced right at the end of the year, H.R. 4190. We talk on the 
floor of this House a lot about the problem of the uninsured. In fact, 
I've spent some time talking about it this evening.
  H.R. 4190 isn't a new insurance program. It isn't a new expansion of 
Medicare or Medicaid or SCHIP. What H.R. 4190 does is take the concept 
of being uninsured and extend that privilege to everyone who serves in 
the United States Congress. H.R. 4190 would remove us, as Members of 
Congress, from the Federal Employee Health Benefits plan, provide us a 
voucher, if you will, to go out and purchase insurance on the open 
market. And I can't help but think, if we were put in the position of 
many Americans who are faced with those decisions about having to buy 
health care coverage on their own out in the open market, perhaps we 
would get a little more creative about the unequal treatment from the 
Tax Code for employer-derived insurance versus an individually owned 
policy. Perhaps we would get a little bit more creative about providing 
a little more flexibility in a health savings account.
  Perhaps we would get a little bit more flexible even if we are of the 
mindset that said, Well, we are going to extend our single-payer health 
care to more and more people. Well, what if Members of Congress had the 
same problem finding a doctor that your senior citizens at home tonight 
are having when they call up the doctor they've seen all of their lives 
and are told, Sorry, we can't take any more Medicare patients?
  Well, H.R. 4190 is an intriguing concept. I haven't had much interest 
as far as cosponsorship is concerned, but it's still out there. It's 
still available, and I welcome Members from both sides of the aisle to 
think about that, to look at that, and see if we couldn't forge a 
common bond and a good-faith effort to really do something for the 
people who lack insurance coverage in this country or the people who 
are fearful that they will lose their insurance company if their job 
changes or their financial situation changes.
  There's a lot of things out there on the horizon, Madam Speaker. 
There is a lot of good that this Congress can do. I think it is 
important for me to make the point one last time that medicine is 
evolving in a big way. It's going to change significantly in our 
lifetime.

[[Page 1503]]



                              {time}  2045

  Congress can participate in that evolution, and actually participate 
and be a force for good if we're only willing to pick up and take on 
the work that the American people have sent us here to do.
  Thank you, Madam Speaker, for your indulgence.

                          ____________________




                       30-SOMETHING WORKING GROUP

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 18, 2007, the gentleman from Pennsylvania (Mr. Altmire) is 
recognized for 60 minutes as the designee of the majority leader.
  Mr. ALTMIRE. Madam Speaker, we're here this evening as part of the 
Speaker's 30-Something Working Group, and I'm going to be joined by 
some other members of that group who will be familiar faces to our 
colleagues who have participated in these Special Orders presentations.
  We're going to talk specifically tonight about the budget that the 
President dropped on our doorstep on Monday. Now, this was an exciting 
series of days for the American people. We, of course, had Super Bowl 
Sunday, one of the most exciting Super Bowls we've ever seen. We had 
Super Tuesday last night, very exciting for all the American people to 
watch the unfolding for the Presidential election for this year. And in 
the middle of that, we had Monday.
  And what happened on Monday? Most Americans say, well, not a whole 
lot happened, but in Congress a lot happened because the President put 
before us a $3.1-trillion budget. Now, the American people may say, 
well, that sounds like a lot of money, and it is a lot of money. But 
what does it look like? What does $3.1 trillion look like? Our 
colleagues may be interested to see that. This, Madam Speaker, is what 
$3.1 trillion looks like. This is what the President sent us, both 
electronically and in paper format. This is a very big document, the 
entire Federal budget as proposed by the administration for the coming 
fiscal year 2009.
  I'm going to talk a little bit about what's in this budget, but 
before I did that I wanted to take a little walk down memory lane for 
our colleagues. And many don't need to be reminded of this fact, but in 
the last 4 years of the previous administration we had four consecutive 
budget surpluses. And those surpluses, at the end of that 
administration and the beginning of the current administration, budget 
surpluses were forecast as far as the eye can see. And there was every 
reason to expect that the budget was going to be balanced throughout 
the next administration. The projection over 10 years by the 
Congressional Budget Office was $5.5 trillion of budget surplus over 10 
years. That was the projection.
  Well, now we're 7 years, going on 8 years, into this new 
administration. This is the eighth and final budget that President Bush 
is going to send to this Congress. And what has been the outcome of 
this $5.5 trillion surplus? And we talked about the Presidential 
election, Madam Speaker, and I would remind my colleagues about the 
debate of the 2000 election. The number one issue that was discussed in 
that election was, what are we going to do with this surplus? We have 
an enormous budget surplus, $5.5 trillion, and all the ways that that 
money could be used. Are we going to pay down the debt? Are we going to 
shore up Social Security, put that money into the trust fund? How are 
we going to use this enormous surplus that's facing us over the next 10 
years? That was the debate in the year 2000.
  Well, in this Presidential election year we're not having that debate 
anymore because, you see, Madam Speaker, that surplus is gone. That 
surplus was gone in the first year of this administration. Instead of 
$5.5 trillion of budget surplus over a 10-year period, we've had $3.5 
trillion of deficit spending over the first 7 years of this 
administration. And I'm going to talk in some detail about what this 
fiscal year 2009 budget says, and it includes an enormous amount of 
deficit spending.
  What we have before us is a budget that for the eighth time in 8 
years continues enormous deficit spending. But we can't lose sight of 
the fact that when this administration first came into office, that 
wasn't the projection. That wasn't the way it was supposed to be and 
that wasn't the way it had to be. But, unfortunately, decisions were 
made in a fiscally irresponsible manner, and now before us is a budget 
that is $407 billion over budget. We have a $407 billion deficit for 
one year, fiscal year 2009, the third highest single year budget 
deficit ever submitted to the Congress behind only the budget that was 
sent to us last year by this President, which was $410 billion, and the 
2004 budget also submitted to this Congress by the President.
  So we have a record here of destroying projected surpluses and 
creating record deficits. $9.2 trillion of debt, Madam Speaker, faces 
this country before this $400 plus billion deficit that's been 
submitted to us.
  We can't continue to charge things to the credit card. The way the 
previous administration turned the all-time record deficits of the 
1980s into all-time record surpluses in the 1990s was through pay-as-
you-go budget scoring. And that's very simple: It's what we all do in 
our own home checkbooks. It's what every business in America is forced 
to do. You have to have money on one side of the ledger to spend it on 
the other. And if you want to increase spending or if you see a 
decrease in your revenue, you have to have an offset on the other side 
to balance it out. Well, those are the rules that this Congress 
operated under from 1991 through 2001.
  Unfortunately, this administration did away, and the Congress, in 
conjunction at that time in 2001 going into 2002, did away with pay-as-
you-go budget scoring. And since that time, before this current session 
of Congress, every penny that was spent through the Federal Government 
was charged to the national credit card. We're going to let somebody 
else worry about it. We're going to transfer this funding to our 
children, our grandchildren, and our grandchildren's grandchildren. 
Well, unfortunately, the problem with using credit cards that way is 
the bill comes due, and the bill has come due, Madam Speaker.
  We're going to talk about the coming economic crisis that this 
country faces, the possibility, if not the certainty, of a recession, 
and the economic stimulus package that this Congress came together in a 
bipartisan way to put forward to help resolve that issue. We're going 
to save that discussion for a little bit later.
  But in the discussion over the budget, it can't be lost that in 
presenting a $407 billion deficit budget before this Congress, that 
this President has made incredibly deep cuts in some very important 
programs that mean a lot to a lot of people in this country. Veterans 
programs, veterans health care, slashed. Medicare cut by $556 billion 
over 10 years, a cut in Medicare at a time when you're exploding the 
deficit by $407 billion. And we're going to talk specifically about the 
misplaced priorities included in this budget.
  Before we go line by line and get into that level of detail, Madam 
Speaker, I do want to turn it over at this point to my 30-Something 
colleague, Mr. Murphy from Connecticut, who has joined us and is going 
to give us some detail on what he views this budget to be.
  Mr. MURPHY of Connecticut. Thank you very much, Mr. Altmire. I don't 
want to take too much time because I know the American people are eager 
to hear your detailed line-by-line analysis of the President's budget, 
so let me be brief.
  You hit it on the head here. I mean, this budget that the President 
has proposed to us is the worst of both worlds. It cuts spending on 
programs that everyday middle-class families and seniors and the 
disabled use to simply grab hold of the apparatus of opportunity that 
has been stolen from them, and at the same time, it continues to spend 
wildly in other parts of the budget. It continues to give away massive, 
unjustified tax breaks for the richest 1 percent of Americans that 
aren't even being asked for by many of those people. And it results in 
a pretty ugly picture over the next several years for this country if 
we were to adopt the

[[Page 1504]]

budget that the President put before us.
  It would mean massive cuts, as you've already laid out, to health 
care programs, to law enforcement programs. And, Mr. Altmire, this 
budget has got a 100-percent cut to the COPS program. The COPS program 
is the acronym for the community policing initiative that was started 
by President Clinton over 10 years ago. It is one of the most 
successful law enforcement programs that this Nation has ever seen. Any 
Member of this House on the Republican side of the aisle or the 
Democratic side of the aisle can just go down to their local police 
department, any one of them, and ask their local cops whether or not 
community policing has worked. It has. That's not me saying it, that's 
not just the statistics saying it, that's the experiences of thousands 
of community policemen who have been on the beat for years.
  Now, what's happened over time is the Republican Congress year after 
year slashed and burned that line item, and so many communities either 
had to take cops off the community policing beat or start picking up 
the tab themselves. That means increased property taxes for people 
because somebody has to pay for it. And this budget that we're looking 
at right now takes out the entire amount for community policing. I 
guess I just don't understand how you justify that. I mean, I would 
love to have somebody from the administration on this floor try to 
explain in a commonsense way why they don't believe that the 
experiences of thousands of communities and thousands of police 
officers is true, which is that community policing works.
  But here's the other side of this equation, Mr. Altmire, and I know 
we're going to talk about this. At the same time, it's not like we're 
getting anywhere for all of the cuts in this budget because this budget 
envisions the Federal deficit continuing to explode. Now, this is a 
small little chart, you probably can't see it, but this is a pretty 
dramatic, but accurate, representation of what's going to happen to the 
Federal debt.
  In 2001, we had about $5.8 trillion in Federal debt, and you can at 
least see that it only is going in one direction. Under the President's 
budget, by 2013 we're going to owe $13.3 trillion to foreign nations, 
Mr. Altmire.
  We are cutting funding for programs that matter, we are spending 
money wildly in other parts of the budget, primarily in the defense 
budget, and what we get in the end is a Federal budget that is more out 
of whack, more out of balance than it ever has been, and families who 
are struggling, amidst this economic slowdown, who are going to see 
less services and less help from their government.
  Mr. ALTMIRE. I'm sure the gentleman from Connecticut would agree that 
it's ironic, given the fact that it was a week ago that we sat here 
together in this Chamber and listened to the President's State of the 
Union Address. And I liked some of what the President had to say on 
fiscal responsibility, challenging the Congress, challenging his 
administration to take the budget and make tough decisions and be 
fiscally responsible.
  Mr. MURPHY of Connecticut. Let me stop you there for a second, 
because I liked what he said, too. But I would have liked it if he had 
said it for the last 7 years of his administration. I mean, you know, I 
hope it wasn't lost on anyone watching that State of the Union speech 
that for the last seven Congresses, as the Republican-led majority has 
spiraled spending out of control, has added on political earmark after 
political earmark, the President was absolutely silent on that matter. 
And it is just incredibly convenient that in the year in which the 
Democrats take control of the House of Representatives is the first 
year that we hear in a State of the Union speech the President talking 
about grants in Federally approved budgets.
  Mr. ALTMIRE. Well, and again, the things that were said as far as 
fiscal responsibility made some sense, and I was happy to hear them. 
And you're right, we had not heard them over the past 7 years, and that 
led to the deficits that the gentleman and I have both talked about.
  Now, we sat here and we heard that. And I thought that hopefully that 
would translate to the President submitting a budget where the actions 
actually matched the words that we had heard a week ago. Unfortunately, 
it didn't. The President, a week later, submits to Congress a budget 
that's $407 billion out of balance. And we're living in a time when the 
second largest line item in the Federal budget that is before us is the 
interest on the national debt, which is $9.2 trillion. The second 
largest line item in this budget is interest on the national debt. Now, 
that alarms me, Mr. Murphy, and I'm sure it alarms you. And I would 
want to do something about that if I was submitting a budget before 
Congress. And I would want to show, having just talked about fiscal 
responsibility, that I was committed to fiscal responsibility. But, 
unfortunately, we have a budget that makes all the wrong decisions 
because it is fiscally irresponsible, it does have misplaced 
priorities, it does move in the wrong direction as far as increasing 
the deficit at a time when we already have a record debt, but it cuts 
programs like Medicare and Medicaid.
  This is at a time when more and more Americans are struggling to 
afford health care, especially senior citizens. And to propose a budget 
that cuts Medicare by $556 billion over a 10-year period, at the same 
time freezing payments to hospitals, to nursing homes, to hospices, to 
home health agencies, it just doesn't make any sense because health 
care costs aren't going to stop. Health care costs have been going up 
above the rate of inflation every year for as far as anyone can 
remember.

                              {time}  2100

  The technology that's used for health care, the increase in the 
amount of baby boomers that are qualifying for the Medicare program for 
the first time this year, in 2008. The costs of Medicare are exploding. 
So to just say we are going to cut Medicare over the next 10 years by 
$556 billion doesn't mean health care is going to be less expensive, 
fewer people are going to qualify for Medicare, and fewer people are 
going to use the program. And certainly it doesn't mean that home 
health agencies, hospices, and hospitals are going to have fewer 
expenses just because we are going to be reimbursing them.
  Mr. MURPHY of Connecticut. Will the gentleman yield?
  Mr. ALTMIRE. I would.
  Mr. MURPHY of Connecticut. Let's hammer that home in a real world way 
for people. What does it mean when the President's budget reduces 
payments to nursing homes? In Connecticut, we have had a real crisis 
with a particular nursing home group that has gotten a lot of attention 
in the paper, Mr. Altmire, in the last several months regarding some 
really inexcusable conditions in those nursing homes, low levels of 
staffing, no remediation when violations had been found. And that 
problem is not going to get better if the solution from the Federal 
Government is to cut the funding that goes to those nursing homes. 
These nursing homes are already stretched very thin. There already 
isn't enough staff to cover the residents and make sure that seniors 
that are staying there are living under safe and humane conditions at 
all times in some places.
  This cut that the President is talking about in the cut and 
reimbursement rates to nursing homes is going to have a direct effect 
on the care that many thousands, hundreds of thousands of seniors get 
in this country. Your loved ones, your neighbors, their care is going 
to be compromised by this.
  The safety of your community is potentially going to be compromised 
by a zeroing out of the COPS budget. Communities will be less safe 
because there will be fewer community police on the beat. Those are the 
real world consequences of the budget that the President is putting 
before us.
  And the question is just a matter of choices. And that's what I hope 
that every Member of this House goes out and endeavors to ask over the 
next month or so as we debate this Bush budget, which is are you sure 
that your community wants to spend another $70

[[Page 1505]]

billion in Iraq rather than put cops on the beat or put staff in your 
grandmother's nursing home? Are you sure that the constituents in your 
district want to give away another massive tax break to the richest 1 
percent of Americans instead of putting cops on the beat or putting 
staff in your grandmother's nursing home? Those are the questions that 
people are going to have to ask. And I think, Mr. Altmire, there's only 
one answer to that in any district in this country whether you are 
represented by a Republican or a Democrat.
  Mr. ALTMIRE. And the gentleman knows that there are three legs to 
this stool that we are talking about. One is the increase in spending 
leading to the deficit. One is the misplaced priorities of the cuts to 
programs that are critically important. The third is what's left out of 
this budget that we all know we have to deal with, and I'm going to 
save that discussion for a little bit later as we walk through some of 
these programs. But the full cost of the Iraq war and the cost of the 
alternative minimum tax relief for this year are not included in this 
budget. So a $407 billion deficit without even including probably the 
two largest items that we are going to have to face in the next year, 
we'll get to that point, but there are a lot of issues here.
  When I talk to people when I go back home in the district, I hear a 
lot about entitlement spending, and when I go home, I think I can make 
a pretty good case that Medicare is important and we shouldn't be 
cutting Medicare at a time when the number of people qualifying for 
Medicare is rising exponentially and health care costs are going up. I 
can make a pretty good case, I think, for that. But I will still hear 
people say, You know what? I'm not on Medicare. That's an entitlement 
program. I don't care about that. Cut it. It's a boondoggle. Just cut 
it. I do hear people say that. They're wrong, but they say it. Well, 
there are some things in this budget that nobody, nobody in their right 
mind could justify freezes or cuts in these types of programs. And 
maybe our colleagues are out there and they say, Show me. What are you 
talking about? What is in the budget that we shouldn't cut?
  Well, how about research, health care research through the National 
Institutes of Health? I think that's something that affects everybody. 
If you're not directly affected by health care research, you certainly 
have somebody in your family or you have somebody, a loved one or a 
friend, that is affected. And let's talk about the type of research 
that we are talking about.
  This budget freezes funding for lifesaving medical research at the 
NIH, National Institutes of Health, regarding diseases such as 
Alzheimer's, Parkinson's, cancer, and heart disease. At a time when our 
medical technology in this country is greater than anywhere else in the 
world and our research and our ability to find treatments and cures for 
these diseases exceeds any time in the history of the planet, we are 
going to cut funding for medical research for Alzheimer's, Parkinson's, 
cancer, and heart disease? I think, Mr. Murphy, that we make a pretty 
good case that that's not a cut that should happen.
  This budget also slashes funding, and this is inexcusable, slashes 
funding by $433 million, 7 percent of the overall budget for the 
Centers for Disease Control and Prevention, responsible for infectious 
disease control, prevention programs, and health promotion. So we hear 
a lot about the avian flu, the bird flu, the possibility of a pandemic 
through diseases, whether it be a terroristic issue or just something 
we can't control on the health side. That may be the number one public 
health threat facing the country right now, the possibility of a 
pandemic flu, a worldwide spread of some disease, and we're going to 
take this opportunity to cut the Centers for Disease Control 
specifically for infectious diseases by 7 percent? That's what we are 
going to cut in this budget when we are adding $407 billion to the 
national debt for 1 year? I think it's inexcusable. So I really don't 
think there is anybody that I am going to run into in my district 
that's going to say that's a good idea.
  Mr. MURPHY of Connecticut. I just want to share a story with you, if 
you will yield, Mr. Altmire. I was getting on a plane this morning to 
come down to Washington from my district, and an older gentleman 
recognized me as I was going through the security checkpoint. And he 
stopped me, and he said, I have written you a letter. I've got a real 
problem with what you're doing down there. And I said, Talk to me about 
it.
  And he looked me in the eye and started to tear up a little bit, and 
he said, My wife died of cancer last year. And he said, I can't for the 
life of me understand why you guys, and he lumped us all together, and 
I tried to explain the differences a little bit to him, but it was a 
very emotional moment. He said, I can't understand how you guys are 
cutting the funding for the programs that might save the life of the 
next wife who has cancer and instead you're spending money, billions of 
dollars, overseas on a war that's making us less safe. And he was 
tearing up.
  I mean, this is a personal and emotional issue for so many people in 
this country, as it should be, because they know. They read about the 
advances that are being made in science. Whether it be stem cell 
research or the thousands of other lines of inquiry that are making 
progress every day in this country, they know that it could be their 
loved one's disease whose cure or treatment is right around the corner. 
This should be a personal issue to everyone in this Chamber, and 
everyone should have to answer that question that you posed as to how 
on Earth we can pass a budget that freezes medical research that is 
going to cure diseases and make people better just in order to balloon 
a deficit, just in order to fund a war, just in order to fund massive 
tax cuts for the wealthy. The priorities are just so screwed up, and 
any person in this world can tell a story of a loved one who would be 
hurt by those cuts.
  Mr. ALTMIRE. Absolutely. And I thank the gentleman for that story. 
And I've had similar circumstances in my district where people wonder 
why we are cutting Alzheimer's funding, where they have a loved one who 
has struggled with that disease.
  I also want to talk about education and what this budget does for 
education. I think just about anyone should agree that's a national 
priority. Few things in the budget are more important than education. 
Well, what does this budget do?
  This budget freezes education funding, which results in cuts in real 
terms. And instead of investing in innovation in the classroom, the 
budget eliminates, eliminates, the $267 million program providing 
grants to States for classroom technology. It freezes the $179 million 
mathematics and science partnerships. At a time when we're struggling 
to compete in the global economy with countries like China and others 
that are investing heavily in science education, we are cutting it. At 
least the President is proposing cutting it in his budget.
  It freezes targeted improvement and achievement in math and science 
programs that do that. And instead of making college more affordable, 
the budget eliminates, completely eliminates, supplemental education 
opportunity grants; the Perkins loan program, one of the staples of 
student assistance for higher education in this country, eliminates; 
and the Leveraging Education Assistance Partnership program, the LEAP 
program, which many of my colleagues know is necessary to provide 
financial support specifically targeted to needy students who otherwise 
wouldn't have the opportunity to pursue a higher education. These are 
the programs that are being eliminated under this budget. Not frozen, 
not cut, but eliminated.
  Mr. MURPHY of Connecticut. At the very time, Mr. Altmire, where our 
country is most in need of a skilled workforce. I mean you know it, 
because you do the same tours that I do to manufacturing facilities and 
worksites, that every company in our district is screaming to us, Do 
something about the workforce. I can hire people if you make sure that 
they are trained and educated and ready to work on day

[[Page 1506]]

one. And so as we're sort of seeing a massive slowdown in this economy, 
potentially on the way to a recession, this is the very worst time to 
be cutting back our commitment to higher education programs, to worker 
and job training programs. And it runs totally counter to what we have 
been doing here in this Congress.
  I mean, we need to remind the President that he signed into law the 
biggest expansion in college aid since the GI bill, increasing the 
maximum allowable Pell grant, the direct grant to students by $500, 
providing for loan forgiveness to potentially tens or hundreds of 
thousands of students who go into public service professions; and, most 
importantly, cutting the interest rate for student loans in half from 
6.8 to 3.4 percent, which is going to save the average college student 
in Connecticut about $4,000 over the lifetime of the repayment of their 
loan. That's real dollars when you couple it together with the other 
benefits that that package had.
  And that was a bipartisan success. That was conceived by Democrats. 
It took Democrats taking control of Congress to put that on the agenda. 
But there were a lot of our friends on the Republican side of the aisle 
that voted for it, and there was a President, maybe reluctantly, 
because he changed his position over time, but there was a President 
that signed that.
  So we have come together as a Congress to recognize the importance of 
helping kids and helping families pay for the increasing cost of higher 
education, and we should especially recognize the importance of that 
when our economy is having trouble getting its engine going. That's 
when we should be investing in workers. That's when we should be 
investing in education. And as you have so ably and accurately 
outlined, Mr. Altmire, this President's budget does an immediate 180 
degree turn on the investments that we have been making and should 
continue to make in higher education.
  Mr. ALTMIRE. And the gentleman from Connecticut represents a district 
in some ways that is similar to my district. We both have a 
manufacturing base that has suffered in recent years as a result of the 
global economy and a variety of factors. And as the gentleman said, at 
the very time when we should be finding ways to help people that have 
suffered as a result of these job losses and a loss of manufacturing, 
find new job training sources, find educational opportunities for our 
kids so they can stay in our communities instead of having to leave 
town, a problem that we are struggling with, I think, probably in both 
of our districts, the President uses this budget as an opportunity to 
eliminate, not freeze, not cut, but eliminate vocational education.
  And he slashes the Safe and Drug-Free Schools program by 45 percent; 
afterschool programs by 26 percent; teacher quality State grants by 
$100 million, which helps incentivize high quality people to go into 
the teaching profession, people who have other options, who could 
become doctors or lawyers or chemists or any other profession. We want 
to incentivize the best and brightest in this country to go into 
teaching to educate our kids, and everyone knows the importance of what 
goes along with that. Well, the President proposes cutting the budget 
by $100 million for that program.
  And, similarly, the gentleman from Connecticut talked about the fact 
that middle-class workers are seeing their wages stagnate and American 
jobs have been lost, 17,000 lost jobs just last month. And at this time 
when we should be finding ways to stimulate the economy and create 
jobs, instead, the President's budget slashes $234 million for job 
training programs.

                              {time}  2115

  Again, not to repeat myself, but it is worth pointing out, in an 
atmosphere of a budget that creates $407 billion in deficit spending, 
out of balance, and that slashes employment services more than $500 
million in cuts for Americans looking for work. These are people who 
are motivated, who want to find jobs, who are looking for work, and he 
eliminates grants to States to provide employment services for job 
seekers and employers cutting one-stop career centers. These are all 
programs that my constituents benefit from that get heavily used in 
western Pennsylvania. We have had manufacturing losses, and we are 
trying to find ways to retrain those workers so they can move into 
other careers, educate themselves so they can stay in western 
Pennsylvania, and what are we doing? The President is proposing cutting 
these job training programs. It is just inexcusable.
  Mr. MURPHY of Connecticut. It doesn't make sense. It wouldn't make 
sense even in good economic times, Mr. Altmire, because you know even 
in the so-called boom years of the 1990s and earlier in this decade, 
those jobs were still leaving Pennsylvania. Those jobs were still 
leaving the northwestern part of Connecticut. And you always need to 
have just that safety net, just enough help for people to bounce back, 
because the folks that live in our districts, as they do across the 
Nation, these are proud, proud people. They want a job. They want to 
work hard. They do not want to be out of work. They do not want to be 
undertrained. And they are going to take the opportunities that we give 
them just to be able to bounce back and reenter the economy. That is 
all we are talking about with these programs. This isn't permanent job 
assistance. This isn't the welfare state. This is just, listen, your 
company went out of business, shipped their jobs over to China, shipped 
their jobs down to Mexico. We're going to help you for a certain period 
of time learn a new skill so you can get back and be a productive 
member of society. That is an important project to undertake in any 
economic time but most critical now when more and more people need that 
help, Mr. Altmire, that is critical right now.
  Mr. ALTMIRE. And the gentleman knows there is another thing that our 
regions in the country share and that is that we have harsh winters. We 
have been known to have harsh winters. And another thing that gets cut 
in this budget inexcusably is home heating assistance. And with regard 
to energy generally, we have a time where we have all time record 
energy prices. Families across the country are struggling with finding 
a way to pay their bills directly related to the price of oil and gas.
  And at that time, you would think that the President would view that 
as a priority in his budget. But instead, it severely cuts assistance 
to seniors and to families with children in paying their home heating 
bills through the LIHEAP program, Low-Income Home Energy Assistance 
Program, very important in my area in western Pennsylvania. He cuts it 
by $570 million nationwide, $19 million of which comes from the State 
of Pennsylvania. And this is going to force States to reduce the number 
of households getting help through the LIHEAP program nationwide by 1.2 
million people. These are low-income families with children. These are 
senior citizens that simply don't have the financial ability to pay 
their heating costs, and we are going to knock, with this budget, 1.2 
million of them off the rolls.
  Mr. MURPHY of Connecticut. Let's view this through a broader prism, 
and I think if you do, you see that this cut, in particular, is even 
crueler because we were set up for this moment. I mean, this has been 7 
years of an energy policy which has been designed to do only one thing, 
a cynic might say, put more money into the hands of the big 
international oil companies, run by a lot of the friends of the folks 
that are in this administration. We have had an energy policy which has 
done nothing, has done nothing, essentially, to decrease the amount 
that people are paying to gas up their car or heat their homes. We have 
profits of record magnitudes coming from ExxonMobil and Chevron and BP 
and all of these major multinational oil conglomerates. We have had a 
Federal policy, led by this President and probably more accurately led 
by this Vice President, Vice President Cheney in his secret, closed-
door meetings that have constructed most of this energy policy, that 
have stolen millions of dollars from American consumers with the tax 
breaks

[[Page 1507]]

and regulatory giveaways to the oil industry that have allowed them to 
continue with no abandon to rip off American consumers. The LIHEAP 
program is just an added insult to an energy policy which has been 
taking money out of American taxpayers' pockets and putting it into the 
oil companies' treasuries.
  The LIHEAP program simply says this, this has been the policy of this 
administration and the Republican Congress for the last 8 years, for 
the last 6 years, they have said, we're going to do nothing to help you 
with prices, we're just going to continue to watch energy prices spiral 
and spiral and spiral and have no short-term or long-term strategy to 
do anything about it. But on the back end, we're going to help you a 
little bit with some subsidy dollars for the people in your community 
that are so hard up they are going to need some help to pay those bills 
or else they would freeze in their houses, which is what you're talking 
about. You're talking about people who would potentially freeze in 
their houses if they don't get a little bit of help from their 
government to pay for their heating oil bills, largely seniors on fixed 
incomes in our community. And now not only do we have an administration 
that is not willing to work with us on reforming our energy policy to 
break our addiction to foreign-produced oil, to finally get a grip on 
these spiraling oil prices because we have got an administration that 
cares more about the pockets of their oil company friends than the 
pockets of the regular, average, everyday consumers, now also we are 
taking away that small, tiny little subsidy that prevents people from 
freezing in their homes because they can't afford to heat it.
  When you step back a little bit, when you are right in that budget, 
everybody here should make it one of their top priorities, whether you 
live in a cold weather State or a warm weather State, to put the money 
back for the LIHEAP program. Put the money back for the heating 
assistance for low-income people. But let's also understand that it is 
even more egregious given the fact that we could have done something 10 
years ago, 5 years ago, to prevent ourselves from getting into a 
position where we are continuing to subsidize these big energy 
companies and have to be reliant on low-income heating assistance to 
keep people warm in the winters.
  Mr. ALTMIRE. I think this is exactly why it is important to have this 
discussion, to walk through these programs in the budget and talk about 
what exactly are we talking about when we talk about these draconian 
cuts that we are facing? And as I said earlier, I have people in my 
district that say, cut it, cut it, Federal spending, we need to cut it. 
And we do have an enormous deficit. We have an all time record debt, 
and we do need to find a way to reduce the Federal deficit. Nobody can 
disagree with that.
  Mr. MURPHY of Connecticut. Just to make one point there, the 
Democratic budget that we passed last year balances the Federal budget 
in 5 years. For the first time since the Clinton administration, we are 
going to have a balanced Federal budget. This isn't pie-in-the-sky 
rhetoric that you are putting out there, Mr. Altmire. The Democratic 
budget found a way that we passed at the end of last year to invest 
money in education, in environmental protection, in health care and do 
it in a responsible way that provides for a balanced budget in 5 years. 
There is a way to do it, and we are finding it here. We can do it 
again.
  Mr. ALTMIRE. That is exactly where I was going to go. I thank the 
gentleman for his comments.
  Mr. MURPHY of Connecticut. I'm in your head, Mr. Altmire.
  Mr. ALTMIRE. I appreciate that. The fact is the Democrats in this 
Congress have made the tough decisions. We submitted a budget last 
year, and I am sure we will do so again this year that achieves balance 
for the first time since the previous administration. Nobody can 
disagree that there is room for more cuts. There is room for more 
reductions. But what we want to do here tonight in this 30-Something 
Special Order is to talk about the programs that shouldn't be cut, the 
programs that are critically important to this country that the 
President has made a decision to reduce.
  We talked about Medicare. We talked about life-saving medical 
research. We talked about the Centers for Disease Control, infectious 
disease prevention. We talked about education. We talked about the 
LIHEAP program, home heating energy assistance, and unfortunately the 
list doesn't end there. It is incredible to think that at a time when 
we are facing a recession in this country driven by a lot of different 
factors, but nobody can dispute perhaps the number one driving factor 
over the past several months and maybe the past few years has been this 
subprime mortgage issue and home foreclosures and people struggling to 
afford their mortgages, finding a way to make that monthly payment. 
Despite the growing problems in the subprime mortgage crisis, 
inexplicably this budget that we are talking about tonight cuts loan 
counseling for those at risk of losing their homes. The name of the 
program is the Neighborhood Reinvestment Corporation. It cuts it by 87 
percent, at a time when we are struggling as a Nation with a subprime 
crisis that the world has never seen before, or at least America has 
never seen before. At a time when the crisis is at its most acute 
point, we are going to cut by 87 percent the program that helps those 
most at risk, 2 million people in this country at risk of losing their 
homes. The people most at risk of losing their homes are facing an 87 
percent cut. It is ludicrous.
  Mr. MURPHY of Connecticut. I know we have our freshman colleagues 
coming in after us, so we are going to give them some room here.
  But I want to turn for a few minutes to a subject that you alluded to 
earlier, and I know you may have some more areas here in which we want 
to talk about what the devastating cuts are going to do, but I want to 
talk for a second before we hand it off to some of our other freshman 
colleagues about what is not in the budget, and you alluded to it 
before, most importantly, the cost of the war isn't truly reflected in 
this budget.
  In fact, some staff members on the Republican side made a comment 
earlier today that they even admit that the $70 billion that is put in 
this budget is essentially just a downpayment on what we are going to 
need to perpetuate the costs of this war in Iraq for the rest of the 
year. And it is just I think becoming impossible for our constituents 
to really understand why we can't include the costs of this war, 
whether you agree with it or disagree with it. We will save that for 
another day. Mr. Altmire, you know where I am on this question. I 
believe that we should get ourselves out of this mess sooner rather 
than later in a planned-for way. But while we are there, and while we 
are still spending money, let's pay for it. Let's budget for it 
responsibly.
  Now, I think you could probably make the argument in the first year 
or 2 years of this conflict that it was emergency spending, and that 
there was an argument to be made in the first few years of the war in 
Iraq and the war in Afghanistan that we were going to need to borrow 
some money for that. I have no problem understanding that in emergency 
circumstances, we are going to have to do some deficit spending. Nobody 
likes that. But with regard to the economic stimulus package that we 
are passing, it makes sense in very narrow circumstances to borrow some 
money in order to get some short-term gain when the spending is on an 
emergency basis. But we are 5 years into this war now, both in Iraq and 
Afghanistan. It is not catching us by surprise anymore. It is not an 
emergency expenditure anymore. We can plan years in advance for the 
money that we are spending on this war. There is no justification for 
this money not being in the budget. What happens is it is just hidden. 
When you get these figures about how big the deficit is going to be 
when we pass the President's budget, which we obviously won't do, but 
if we were to pass the President's budget, that doesn't even take into 
account the real costs of this war. If I were a taxpayer out there that

[[Page 1508]]

was for this war, or if I were a taxpayer out there that was against 
this war, I would be greatly aggrieved, and I think they are greatly 
aggrieved by the fact that we are not paying for it. Well, we're going 
to. We're going to. Because these bills, whether they are on the tab of 
the war or whether they are on the tab of the domestic programs that 
haven't been paid for for years, they are going to be paid at some 
point. Those bills and those promissory notes are going to come due, 
and they are going to be paid for by your children and my future 
children, and your future grandchildren and my future grandchildren. We 
are hamstringing generations to come to pay for the costs of this war, 
and we should account for it.
  The second thing that is not covered, Mr. Altmire, is this thing that 
we keep on talking about down here called the alternative minimum tax. 
Now, I know there are still a lot of people out there that don't 
understand what the alternative minimum tax is because year after year, 
Congress has done the right thing and has held in abeyance the 
adjustment to the alternative minimum tax that would essentially make 
it cover most middle-class taxpayers in this country. In my district in 
Connecticut we have about 20,000 people that pay the alternative 
minimum tax that was initially set up just to cover the richest of the 
rich who weren't paying any tax through deductions or were paying very 
little tax through deductions and credits.

                              {time}  2130

  If we don't fix the Alternative Minimum Tax again this year, in my 
district it is going to go from like 19,000 people paying it to like 
80,000 people paying it. It is going to be a huge problem, thousands of 
additional dollars in tax obligations for millions of Americans. Well, 
the President doesn't say anything about that in this budget. I think 
he just assumes that we are going to fix it again, but he doesn't put 
the cost of doing that in the budget.
  So, if you tack on the costs of the war that aren't in this budget, 
if you tack on the costs of once again fixing the Alternative Minimum 
Tax which we should do and put that in the budget, this deficit is 
enormous, is enormous. I think we should be having a real argument over 
the real cost of this budget. Through all this sort of gimmickry that 
we see, all this trickery in how the numbers are accounted for, the war 
is not in there, the Alternative Minimum Tax fix isn't in there.
  I know this sort of goes over the head of a lot of people out there, 
because they say this is just the logistics of a budget. This is just 
numbers, where you put one number, where you put another number. It 
matters, because you can't hide money that we have to spend. Whether 
you put it in the budget or out of the budget, if you spend the dollar, 
somebody is going to have to pay for it. Maybe not now, but in 10 years 
or 20 years.
  Mr. Altmire, part of the reason that the 30-Something Working Group 
talks so much about deficit spending is because we are going to be 
around when those bills come due. We have an obligation, I think a 
special obligation as some of the younger Members of this House, to cry 
bloody murder when this President tries to do more deficit spending 
than he is even telling us here, because it is going to be our 
generation and our kids' generation that are going to have to pay for 
it.
  Mr. ALTMIRE. That is right. The gentleman talked about the assumption 
in the budget being submitted. Because the gentleman wasn't here when I 
showed this, I want to show the gentleman, as he knows, what $3.1 
trillion looks like. This is what it looks like. This is what the 
President dropped on your desk and mine on Monday. This is the budget 
we are talking about. So for our colleagues who are joining us late, 
this is the budget that we are discussing tonight.
  The assumption that was made in putting this budget together by the 
administration, by President Bush, was that Congress would act on the 
Alternative Minimum Tax, and, of course, we will. We are not going to 
allow that to lapse, which would result in an increase for 23 million 
people in the country, a tax increase, 70,000 in my district, I think 
the gentleman said 80,000 additional in his district. So, of course, we 
are going to deal with the AMT.
  It is tough. It is a difficult way to have to do policy, to do it 
year-to-year. It is probably not the best way. We made a tough decision 
in December, we will make another tough decision at the end of this 
year, and the President knows we are going are to have to do it and we 
are going to have to pay for it, because that is what we have to do. It 
is not included in the cost of this $3.1 trillion budget.
  I know we are running short on time, so I did want to just summarize 
a few of the other programs, saving one in particular for the end that 
near and dear to my heart, that are cut in this budget. Because, again, 
people say what are we talking about when you talk about all these 
cuts?
  We talked earlier about the subprime mortgage funding and so forth. 
How about highway funding? Is there anyone in the country that can 
disagree that we have a national crisis with infrastructure? We had the 
unfortunate situation last fall with the bridge collapse in Minnesota 
which highlighted a problem that many knew but really in a very tragic 
way shined the spotlight on the incredible need that exists in this 
country for infrastructure improvement, for bridge repair, for highway 
repair. We simply do not have anywhere near close to the amount of 
money necessary to fix the roads and bridges that need fixing right 
now, let alone all the new construction that needs to take place.
  The district that I represent, we are talking about funding for 
bridges and roads and docks and dams along the riverways. Well, with 
highway funding in particular, the President's budget unbelievably 
proposes to cut funding for highways by $800 million below the amount 
guaranteed by the previous transportation reauthorization bill that we 
did several years ago.
  Every $1 billion in new infrastructure investment creates 47,500 jobs 
in this country and a shortfall in highway revenue is projected in 
fiscal year 2009, which is what this budget covers. So we have a 
projected shortfall, yet the President still recommends a $800 million 
cut. And at a time when we lost jobs in January, who knows how many 
jobs we are going to lose in the months ahead as we face what may turn 
out to be a recession, we are talking about a problem that can create 
nearly 50,000 jobs for every $1 billion in new investment, and we are 
going to cut $800 million. It makes no sense.
  Homeland security, the gentleman from Connecticut talked about the 
importance of homeland security, which nobody can dispute, perhaps the 
number one issue facing the country today. Well, so what does the 
President's budget do? The calculation of his budget excludes $2.7 
billion in border emergency funding from Congress, which was approved 
in fiscal year 2008. When this is taken into account, the President is 
only proposing to increase less than $100 million for fiscal year 2009 
for homeland security needs for the entire agency.
  In addition, the budget slashes funding for State Homeland Security 
Grant programs, first responders, police, firefighters, EMTs, people 
right out there on the front lines in our communities, many of them 
volunteers. This President's budget cuts $750 million, 79 percent below 
the current year's funding level. For firefighter grants, $450 million, 
60 percent below, just for firefighter grants, and 79 percent below for 
all first responders.
  It is incredible that this is the budget that was put before us. Who 
could possibly argue that that is a good policy decision, to cut 
funding for first responders by 79 percent?
  Mr. MURPHY of Connecticut. This is all sort of hard to take in. As 
you said, that massive budget document gets dropped on us, and the 
parade of horrors is endless in terms of all of the commonsense 
programs, whether it is homeland security, whether it is law 
enforcement, whether it is health care, whether it is research 
spending. It is just hard to handle. It is like it gets your brain 
going in overdrive. Then

[[Page 1509]]

you got to step back for a second. I think it does make sense to step 
back and have a little bit of faith that now cooler and calmer heads 
can prevail.
  It used to be when that budget was dropped on Congress' desk in 
January or February that it basically was the law of the land, that 
with a few changes here or there, the Republican-led Congress was going 
to rubber stamp that President's budget.
  As much as Mr. Meek and Mr. Ryan and Ms. Wasserman Schultz before we 
got here would come down and try to expose all of those damaging 
harmful cuts to middle-class families throughout this country, to 
people trying to make their way in this world, that it didn't matter, 
because so long as Republicans controlled this place, there was going 
to be essentially a rubber stamp on all of those cuts and more massive 
deficit spending, the most fiscally irresponsible set of Congresses in 
our lifetime.
  That has changed now. That is different. And, listen. We are all 
fallible. We don't get every single choice right, even on our side of 
the aisle, Mr. Altmire. But the good news is, is that we are going to 
find a way to push back most of those cuts, if not all of them. We are 
going to find a way to pass another budget which gets us a little bit 
closer to a balanced budget.
  Now, the way we do that is sit here and expose all of the very 
harmful cuts and all the very harmful spending in this President's 
budget. But the American people should have some faith that you sent a 
new Democratic Congress here. You sent this new freshman class that we 
are a part of to pick apart that budget for the first time, and decide 
not only how to more compassionately spend American taxpayer dollars, 
but to more smartly spend them so that we are not racking up those huge 
deficits, so that we are starting to balance budgets again.
  So this is all very damaging news, and I know we are probably going 
to close on some of the worse news in the budget, but I think people 
should have faith that we now have leadership in charge of this 
Congress that is going to be able to pull apart that budget and start 
setting us on a commonsense and compassionate course again.
  Mr. ALTMIRE. I thank the gentleman. I am going to talk about the most 
egregious, in my opinion, of all these cuts. And I know it is hard to 
believe having walked through them that there could be one in 
particular to point to. There is one that is particular to my 
constituents and to something that I support. We are going to turn it 
over momentarily to our freshman colleague, Mr. Yarmuth from Kentucky, 
who I am sure is going to talk more about some of these issues.
  As Members of Congress, we are all given the opportunity to testify 
before the Budget Committee and say here are our priorities. These are 
the one or two or three at the most things that we care about that we 
really want to see addressed in the budget.
  I was asked over the break that we had in between the first session 
and the second session during the holidays, somebody came up to me in a 
shopping center and recognized me and said, hey, you know, how has the 
first year been? What are your experiences? What are you most proud of?
  Without hesitating, for me, what I am most proud of that this 
Congress did last year was we had the highest funding increase for 
veterans health care in the 77 year history of the VA. We had to fight 
tooth and nail. We had to do it over multiple opportunities throughout 
the year. But in the end, the budget that we passed exceeded even the 
recommendations of the service organizations. The VFW, the American 
Legion, the Vietnam Veterans of America, Disabled American Veterans, 
those organizations every year present to Congress their recommended 
funding levels for what they feel that they are going to need. For the 
first time ever, this Congress exceeded that.
  So I am very proud of the work that we did as a Congress on veterans. 
And it was a bipartisan effort. It is something we can be proud to have 
worked together on.
  Well, what does this budget do for veterans, something that I have 
made my number one priority in this Congress. And I think we as 
Congress have a good record so far on veterans, and I want to keep that 
good record going, and I want to prevent the cuts that the President's 
budget talks about.
  It cuts veterans health care by $20 billion over 5 years. Let me 
repeat that. This budget cuts veterans health care by $20 billion over 
5 years and cuts funding for constructing, renovating and 
rehabilitating medical care facilities in 2009, for which this budget 
is authorized.
  Now, for me, that is very parochial, because I have $200 million of 
VA health construction going on in Western Pennsylvania, a lot of which 
is in my district. Two different projects, $200 million. So the 
President is coming in here at a time when we have the opportunity in 
Western Pennsylvania to be the preeminent health care system in the 
entire VA, top notch facilities, he is going to cut the construction 
funding, and he is going to cut funding even more egregiously for 
veterans health care by $20 billion.
  I am sure the gentleman can agree, there is no group that should 
stand ahead of our Nation's veterans when it comes time to make funding 
decisions.
  Mr. MURPHY of Connecticut. It just begs the question, Mr. Altmire. 
What was going through the minds of the Bush administration budget 
negotiators when they were sitting at the table last year negotiating 
with us as we were insisting on the biggest increase in veterans 
funding in the history of the program? I mean, we pushed that and 
pushed that and pushed that. You were courageous from the very first 
day that you got here in making that a priority.
  It is just so terrible to think that, well, the Bush administration 
was sitting there finally saying yes to that enormous and important 
increase in veterans funding, that all the while they were drafting 
that budget. All the while as they were agreeing just 60 days ago to 
the biggest increase in veterans funding since the VA program began, 
they were drafting secretly a budget that was going to reverse 
everything they just agreed to. That just speaks to the worst of what 
happens in Washington, D.C., Mr. Altmire.
  Mr. ALTMIRE. That is right. I thank the gentleman. We are going to 
wrap it up as our time has expired. I would only point out on that note 
that this is the sixth year in a row that this budget raises health 
care costs on 1.4 million veterans, imposing $5.2 billion in increased 
copayments on prescription drugs and new enrollment fees on veterans 
over 10 years. I wish I had more time to talk about that.
  At this time I am going to thank the Speaker for the opportunity to 
address the House this evening with my colleague Mr. Murphy from 
Connecticut.

                          ____________________




                              {time}  2145
                      THE BUDGET AND NATIONAL DEBT

  The SPEAKER pro tempore (Mr. Arcuri). Under the Speaker's announced 
policy of January 18, 2007, the gentleman from Kentucky (Mr. Yarmuth) 
is recognized for 60 minutes.
  Mr. YARMUTH. I want to thank my freshman colleagues for the very 
insightful and compelling arguments they raised concerning our budget, 
the budget proposal by the President for the 2009 fiscal year.
  Mr. Speaker, I will say that what we are dealing with here is a 
situation in which those of us who were elected in 2006, freshman 
Members, so known as the majority makers, came to this Congress because 
the American people in that election of 2006 thought that the country 
was going in the wrong direction, and it wasn't so much one thing, I 
know a lot of people think that we were elected because of the war in 
Iraq, and certainly that was a factor.
  I think more than anything else, the American people collectively 
decided that the priorities that have been established by the 
administration that was in office, beginning in 2000, we were taking 
the country in the wrong direction, that we were spending money, that 
we were emphasizing things that did not represent the best

[[Page 1510]]

interests of the majority of the American people. They sent us here, 
therefore, to set a new pattern of doing business, a new way of setting 
priorities.
  They wanted us to put the American people first. They wanted us to 
recognize the true needs of this society, to recognize that government 
is a way of reorganizing and organizing our responsibilities to each 
other, that we could, as a government, actually create an economy that 
worked for everyone and not just for a very few, but that we could, 
again, set the country on a different direction, that we could use the 
tax revenues that were flowing to the Treasury to empower all people to 
make the best of their lives, to contribute to a more dynamic society. 
We really have set a different direction in this Congress, and I think 
we need to do much more.
  But let's think back to 2006 and think about what the American people 
were confronted with when they looked at Washington. They looked at 
Washington and they said, we have a government there that is arrogant, 
that tends to favor the richest people in the country, that tends to 
favor global corporations, that thinks that if we allow the wealthiest 
and most powerful people to do as well as they possibly can 
financially, that there will be a trickle-down effect and it will, 
quote-unquote, float everyone's boat, and that this is what the proper 
role of government should be.
  The American people said, no, we don't buy that. We've tried that. We 
tried it under the Reagan administration. We saw then that trickle-down 
economics does not work. We tried that for a few more years under the 
Bush administration. We found that, no, that doesn't work because, in 
fact, what we have seen is that from 2001 to 2006, 100 percent of the 
income growth in this country accrued to the benefit of the top 5 
percent of the population, that, in fact, 95 percent of the people in 
this country did not see their standard of living increase despite the 
fact that they are working harder, they are working longer.
  The average family has been working, the average household, 95 hours 
a week. That's two people working more than full time and still not 
getting ahead. So the American people said to us, we want to go in a 
different direction. We think that government can be a tool for 
progress, it can be a tool to create a society that distributes its 
benefits more broadly, and that we ought to take the position that 
rather than trying to let this trickle-down theory flow to everybody's 
boat that we ought to make a society in which everybody has a really 
good boat, and that everybody can swim on their own. In fact, the way 
to create a society that truly works over the long term is to empower 
every individual to be productive, to contribute to society and to have 
the power and the freedom and the support to improve his or her way of 
life.
  Now we are confronted, once again, with a budget from the President 
of the United States which does exactly the same thing that they have 
been trying over and over and over again with very little success. We 
have a budget, deceitful in many ways because it pretends to reach a 
budgetary balance when it really doesn't, and they do it by very 
deceitful mechanisms, but it sets the wrong priorities.
  It takes the money away from programs and policies that actually do 
empower individuals to improve their lives, to make a better society, 
to make a stronger economy, and it sends the money once again to 
basically nonproductive activities. We have, once again, a budget that 
minimizes and disguises the cost of our involvement in Iraq and 
Afghanistan. Many of us differ very strenuously on our priorities in 
Iraq and Afghanistan.
  We all understand that we have some serious problems in Afghanistan, 
and we need to focus there. We also understand that we are spending $3 
billion a week in Iraq, most of which we will never see. It never 
represents any investment in our future. It is money that is down the 
drain.
  When you try to compare the benefits of our tax dollars being spent 
again to promote a vibrant and healthy economy and to help people who 
need to get their feet on the ground to become productive citizens 
versus spending money overseas in ways that do nothing to enhance our 
own standard of living, that we know we have a skewed sense of 
priorities.
  That's what we are going to talk about for the next few minutes, and 
I am very proud to be here with one of my freshman colleagues, someone 
who is passionate about the need for this country to work for everyone, 
someone who is as passionate about working for working families as 
anyone in this Congress, John Hall from New York.
  I am proud to be his colleague, and I would like to recognize 
Congressman Hall to further this discussion.
  Mr. HALL of New York. Thank you, Congressman. It's my pleasure to 
join you tonight.
  I wish I had as much pleasure looking at the budget the President 
submitted as I do discussing it with you, and all of us, of course, 
earlier this week received a copy of the President's budget. Like all 
of us, I was disappointed by the questionable accounting and fiscal 
irresponsibilities contained within this budget. I wish I could say I 
was surprised, but unfortunately it represents the same missed 
opportunities and misplaced priorities that have highlighted this 
administration.
  First of all, I would have to say for a President and an 
administration that claimed to be fiscally responsible and who 
constantly accuse Democrats of being fiscally irresponsible, it's 
really shocking and deserving of mention that this President, George W. 
Bush, has been responsible, his administration, responsible for the 
five biggest deficits in American history. Here they are. We all 
remember, of course, at the end of the 1990s when President Bush took 
over from President Clinton that we had a surplus, and we were, in 
fact, paying down some of the national debt for a change.
  But due to his tax policies and his overspending and his penchant for 
borrowing, our President and his administration have run up, in 2003, a 
deficit of $378 billion; in 2004, a deficit of $413 billion; in 2005, 
$318 billion; 2008 actually is the next figure here, $410 billion; and 
for 2009 is a projected $407 billion budget.
  We can't keep this up. Any family knows that they can't keep 
spending. In fact, too many families are finding this out, that the 
chickens eventually come home to roost. I, as a former school board 
president and school board trustee who had to balance the budget every 
year know that you can't go on spending more money than you take in 
without some kind of disaster befalling you.
  Unfortunately, what's happening in terms of the value of the dollar, 
in terms of our exporting jobs, in terms of foreign interests buying up 
pieces of the United States or corporations or infrastructure in the 
United States, in terms of our weakened markets, and volatile and 
declining markets, all these things have to do with the basic 
foundation, the underpinning of our country being massive debt.
  The other thing about the President's budget that I was surprised to 
see and disappointed to see, it does nothing to fix the alternative 
minimum tax, or the AMT, a tax which was originally designed, when it 
first took effect in 1970, to affect only 155 households, the most 
wealthy, the most affluent households in America who were using tax 
loopholes to avoid paying any tax at all. Congress wrote, in the late 
1960s, this bill which the AMT took effect in 1970, to hit the very top 
of the most wealthy people in the country.
  Now because it was never indexed to inflation, it was never given a 
cost-of-living increase, it was never allowed to float as the cost of 
living and the average salaries and income in the country changed, that 
AMT has dipped every year deeper and deeper and deeper into the 
American tax-paying public and dramatically increasing the tax rate 
paid by millions of middle-class families who were never intended to be 
hit by the AMT, over 20 million of whom will be forced to pay it next 
year.
  Without a permanent fix, half of all taxpayers in this country will 
pay this AMT that was originally designed to

[[Page 1511]]

hit 155 of the wealthiest households in the country.
  But the President does nothing to stop this. Instead, he calls for 
more than $1 trillion in tax cuts for the top 1 percent of all 
Americans.
  Once again, we have 5 years in a row of record increases in the 
poverty rate, we have record increases in personal debt, we have record 
increases in national debt, we have record increases in our balance of 
trade deficit. Strangely enough, at the same time, I read in the paper 
that ExxonMobil has declared 40 point some billion dollars in profit, 
the largest single yearly corporate profit in the history of the world, 
breaking the previous record which was held by ExxonMobil themselves.
  Some people in this economy and in this current fiscal and business 
financial scheme are doing very, very, very well and will continue to 
do very well. There are others, mainly the middle class and lower 
income Americans, who are being squeezed from all sides. Believe me, 
they are not being squeezed up, they are being squeezed down.
  The middle class is having their options and their opportunities cut, 
whether it's the cost of sending their children to college, whether 
it's being the cost of purchasing health care for their families, the 
cost of property or property tax, the cost of fuel for their cars or 
for their homes. I mean, even the fact that the President in this 
budget slashed the low-income heating assistance program, LIHEAP, is 
scandalous.
  At a time when we have families and seniors who are struggling to 
heat their homes in the northern parts of this country, I wouldn't have 
expected the President, a so-called compassionate conservative, to be 
so discompassionate as to cut heating assistance for low-income people 
in this current climate of economic uncertainty and astronomical fuel 
costs.
  I would just say that I am happy to be here to discuss this, and, 
more importantly, to talk about how we are going to move to a real 
budget, not a fake budget that's based on some platitudes and some kind 
of ideological belief, some faith-based budgeting that has nothing to 
do with reality and nothing to do with the well-being of the American 
people.
  Mr. YARMUTH. I want to thank my colleague.
  He referenced the annual profit of ExxonMobil that was reported last 
week. And I was struck last week on February 1, when I looked at The 
New York Times on the online version, the list of the headlines of the 
day, and I thought it was striking because I think it painted a vivid 
picture of where we are in this world and in this country. The first 
story was, ``Microsoft Bids $44.6 Billion for Yahoo,'' a lot of money, 
two corporations vying for each other.
  The next story, ``U.S. Economy Unexpectedly Sheds 17,000 Jobs,'' the 
worst jobs report in several years. Then, ``Dozens Killed in Worst 
Baghdad Attack in Months,'' then ``Kurds' Power Wanes as Arab Anger 
Rises'' and, then, finally, ``ExxonMobil Profit Sets Record Again.''
  I think that was just an incredibly vivid picture of where we are in 
this world and where this economy stands and how out of whack the 
priorities of this administration have become. That's why I am so 
thankful that we are, at least, in control of this House of the 
Congress so that we can help to set the priorities of this country on a 
much more sound course.
  I know that I have had so many opportunities to stand on this floor 
and discuss these issues with my colleague from Florida (Mr. Klein). I 
am proud to recognize him now.
  Mr. KLEIN of Florida. I thank the gentleman from Kentucky and the 
gentleman from New York. I certainly agree with all the statements you 
have made and would just share a few of my own thoughts on the budget.
  A budget is a statement of our values, as Americans, collectively. We 
are not Democrats, we are not Republicans, we are not independents, we 
are Americans. We all are putting a lot of money, hard-earned money 
into the government. The question is what's going to be done with it. 
What is the best value that can be used to help people achieve a better 
life, help our economy, help job creation and all those things that are 
important to our communities.

                              {time}  2200

  The biggest concern that I have with the budget that is being 
proposed by the administration is to me it is more of missed 
opportunities. We know that we have a difficult economy right now. 
Certainly in Florida where we have had tremendous growth over the last 
number of years, all of a sudden things have stopped. The real estate 
market and all of the various businesses that are affected, and 
homeowners that are affected by a real estate market that has slowed to 
a standstill, we need to help people through the foreclosures and 
various other things. But what does this budget do, something that all 
of us said we were going to change.
  In this body we have PAYGO, pay as you go. We can only pass 
legislation that is paid for in advance. My two friends here are fiscal 
hawks. We believe in a deficit that has to be brought down and a 
balanced budget. That is the way we live our personal lives. In the 
State legislature, we had balanced budgets. That is the way you run 
your business.
  What does this budget do? First of all, it is over $3 trillion. The 
amount of money going into the Federal Government is extraordinary from 
an administration that said they wanted smaller government and less 
spending.
  Put that issue aside for a second, this continues the budget deficit 
and increases it by another $400 billion. This is after, as the 
gentleman from New York said, this does not stop the biggest tax 
increase, the alternative minimum tax, which we tried to fix. We had a 
very good way of fixing it this year, and the President refused. Some 
people on the other side of the aisle in the Senate refused to do it. 
It has to be fixed.
  The President in his proposal cuts Medicare and Medicaid. I don't 
know about you; I am sure you are hearing the same thing I'm hearing. 
Our doctors, our hospitals, our providers, they are taking care of our 
Medicare population in our communities, and they are feeling it. They 
have been cut and cut and cut, and it is not keeping up with the cost 
of operating a practice. We know that they need to receive fair 
compensation. That is unacceptable. I don't think that is something 
that this Congress is going to support. So again, an assumption that 
doesn't have any bearing on where things are going.
  The President, who has been a big supporter of the Iraq war, as we 
know, and has continued to ask for more and more money, hundreds of 
billions of dollars, interestingly enough, in this budget sets it up 
for $70 billion of additional expenditures only through January 20. 
Now, what is January 20? That is Inauguration Day of a new President, 
whoever that may be.
  But boy, is that an unrealistic way of looking at it, particularly 
after he has been criticizing Members of Congress saying that you can't 
put a date at the end of funding because you are going to cut off our 
troops, cut off funding of the bullets and all of the necessary 
support, which we are not prepared to do, but he is doing.
  He is saying on January 20, if you pass this budget, there is no more 
money after that date to fund the Iraq war, not because he doesn't want 
to fund the Iraq war, but that is how he is creating a smaller amount 
of a big deficit. Instead of $400 billion, it would be $500 billion or 
something like that.
  So the question is what can we do, because I think there are a whole 
lot of assumptions here that are incorrect.
  I have a chart here that I have talked about before, and I think this 
is totally unacceptable. The lack of fiscal discipline of this 
administration over the last 6 or 7 years has resulted in increasing 
debt to an unacceptable amount in terms of us bringing our budget in 
line.
  So, although the financing of the war, which has been off the books, 
the financing of all of these various things that the President wanted 
to fund, instead of cutting spending or being a little more fiscally 
responsible, we have been borrowing, and borrowing from foreign 
investors. Those are foreign

[[Page 1512]]

countries. We are a debtor country to China and Mexico, and the list 
goes on and on.
  Under this administration, in trillions of dollars we are talking 
about, in 2001 the amount of foreign-held Treasury securities was $1 
trillion. That is a massive amount of money. In the last 6 years, it 
has now doubled to $2.3 trillion. Just to put it in perspective, the 
amount of interest that we are paying this year, strictly interest, not 
principal, not amortizing of the principal and interest together, just 
interest is over $300 billion. To me, that is money we are just 
flushing down the drain.
  If there was some fiscal discipline like the House leadership has 
been pushing, we could take that money and do a number of things. We 
could take care of Americans first. How about all of us, whether it is 
health care, job creation, job training, so many infrastructure issues 
in our communities; these are the issue of our day.
  And instead of sending that money overseas to pay interest, not even 
principal, that is $300 billion that is being thrown out the door 
offshore to some other country because we don't have the wherewithal, 
as we do in this House, because the President hasn't been willing to 
work with us in bringing this budget in line.
  Mr. Speaker, there are many Republicans as well, but certainly the 
Democrats have stood together on this, and we welcome everyone as 
Americans to focus on this together. We have to get the budget in line. 
The budget that is being proposed by the President right now is 
something that is relying on a lot of unrealistic assumptions that will 
never pass because the American people don't want them to be cut, 
whether Medicare and a number of other things, and we have to find a 
way to get the budget deficit under control. That is essential. We 
can't mortgage the future of our country. We cannot allow our children 
to have to pay and our grandchildren to have to pay for something that 
this generation wasn't prepared to stand up and say, Yes, we can live 
within our means. Yes, we can have a strong economy and fight wars when 
necessary. And yes, we will take care of Americans when there are 
natural disasters, and it can all be done under a fiscally responsible 
way, and that has not been the record of this administration. We are 
going to work hard in a bipartisan way to get this under control.
  I appreciate the fact that the gentleman from Kentucky brought this 
to us, and I look forward to working with him and the gentleman from 
New York on fixing this problem.
  Mr. YARMUTH. One of the things that is most disturbing to all of us 
is when you hear deceitful discussion of the financial situation of 
this country. We sat and listened to the State of the Union address in 
which the President said if we were to not renew the tax cuts that went 
into effect in 2001 and 2003, that the average tax increase for an 
American would be something like $1,200 a year. That is a very clever 
way of saying what the average tax increase would be. The problem is 
that the average tax increase would be very large because you are 
taking all of the people who are making a million, $5 million, $10 
million a year, and if we reinstituted those tax rates prior to 2001, 
the 39.6 percent tax rate, some people at the very highest level would 
pay $40,000, $80,000, $100,000, $2 million a year more in taxes. So 
when you average that with the normal taxpayer, yes, it comes to about 
$1,200 a year.
  If you phrased it another way, and that would be the average American 
taxpayer would have his or her taxes increased by, it wouldn't be 
$1,200, it would be like $40 or $50, because the average American 
working family earns $55,000 a year. And that family, if we did not 
extend the Bush tax cuts, would see their taxes raised by a very small 
amount. The people at the higher end would pay a lot more taxes. So the 
average tax increase, yes, it would be a lot, but the average taxpayer 
would not see his or her taxes increased. Of course, we are not 
proposing that in any event.
  We have been talking that when we do revisit those tax cuts that we 
look at the highest income levels. But the point is, when we are 
getting all of these projections from the administration about what 
would happen in future years, as my colleague said, if we fix the 
alternative minimum tax and don't pay for it, and we don't have that 
additional revenue, yes, we can underestimate the deficit that we will 
be experiencing during those times. We can make the projections look 
good 4, 5 years out into the future, but that will not be the case.
  One of the things I would like to talk about because Mr. Klein 
mentioned this, the cost of interest on the national debt, which has 
increased by an extraordinary amount. According to this budget, it 
would be $4 trillion just since 2001; $4 trillion based on a $5.7 
trillion starting point. So we basically have almost doubled the 
national debt, the entire history, 220 years of this Nation, we have 
almost doubled the national debt just in the last few years.
  But here is where we really get a vivid depiction of what this means. 
We are talking about interest on the national debt of $300 billion a 
year. The entire expenditure on education from the Federal budget is 
$100 billion a year. Veterans care is less than that, and homeland 
security even less than that. This is what has happened to the 
priorities in our budget because of the irresponsibility of this 
government over the last 7 years.
  So this is what we are talking about. This is what we are 
confronting, and this is why I think all of us in the majority party in 
the Congress say we need to speak honestly, openly, and intelligently 
about what confronts us, about the challenges that we face, but also 
about what has happened over the last few years.
  All we ask of the administration is be honest about what you are 
saying, what you are telling the American people. We will have a 
legitimate debate with you and discussion about where our priorities 
should be. But first and foremost, we need to be talking about things 
in absolute terms and be honest and transparent as we discuss how we 
are going to spend the taxpayers' dollars.
  I am also proud to be joined tonight by the gentleman from Minnesota 
(Mr. Walz), the president of our freshman class and a great spokesman 
for the working families of America.
  Mr. WALZ of Minnesota. Mr. Speaker, I had an opportunity to be at 
home and watch some of our colleagues speaking on this earlier. I think 
last night I saw in my State of Minnesota where we had caucuses, and we 
had four times the record number of people turning out. The American 
people are starting to listen. They start to understand the 
consequences of what we have been living under, and I think all of what 
has been highlighted has been spectacular.
  I will also say that each of us who have read this budget have no 
problem being up here late at night because it is hard to sleep after 
you see it. Each of you have highlighted critical issues and the things 
that we are getting done and prioritizing.
  The idea of government is the collective will that we can do 
together, and our job is to prioritize the things that this country 
needs to do. I think Mr. Yarmuth's chart that he just showed shows that 
this Nation under this President has not prioritized. This President 
has set out an agenda that told us we could have something for nothing. 
He told us we can give tax cuts, and I appreciate you clearly 
illustrating the President's creative use of facts and statistics which 
he quite often does to theatrical effect but to huge detriment to this 
Nation.
  I want to talk about this for a couple of minutes. We have done a 
wonderful job of highlighting the overall principles. I want to talk 
about how this impacts individuals. I want to talk about the idea of 
fiscal discipline and the incredibly shortsightedness of this 
administration, even in cases where they may be able to cut something 
to save a little bit, the incredible cost not just in the suffering and 
what it is doing to the Nation, that aside, what it is doing in terms 
of just plain poor financial decisions.
  In my southern Minnesota district, which stretches from the plains of 
South Dakota over to the Mississippi River, and Minnesota as the Land 
of

[[Page 1513]]

10,000 Lakes is very diverse. The southwest corner of my State that 
borders Iowa and South Dakota was the place where the glaciers never 
reached, and it is one of the few places where you don't find a lot of 
the prairie potholes and lakes, and the shortage of water is important 
and on people's minds. This is the area of Laura Ingalls Wilder's 
``Little House on the Prairie.'' This is the land where people want to 
raise their children. We have prosperous communities that are 
incredibly diverse that are leading the Nation in things like biofuel 
production. We are the fifth leading district in wind production. These 
are innovative people, but the one thing that they are missing and what 
makes life so difficult is the lack of drinking water.
  We have places where people are living in 2008 where they have 
cisterns to collect water in order to drink good water. Well, these 
communities got together in Iowa, South Dakota, and Minnesota and they 
came together with a creative solution. They were going to use, where 
the abundance of water was along the Missouri River in South Dakota, 
they were going to use the engineering skill of this Nation to provide 
drinking water and the lifeblood of communities for 300,000 people in a 
bipartisan manner.

                              {time}  2215

  They got together and they started doing this. It is incredibly 
important. In fact, it was so important that in 2001, on White House 
stationery that I might have, President Bush himself went to South 
Dakota and said, a priority is to work with States on important 
development projects, and the Lewis and Clark rural water project is a 
project that will be in my budget, and something that we can work on 
together.
  Well, it sounded good, especially in South Dakota. The reality has 
been we have fought tooth and nail every step of the way. The good news 
on this is, whether it be Republican or Democrat, the bipartisan 
commitment to this has been absolutely unbreakable. The local 
communities have even done something that I think our constituents are 
asking us. We always hear when we're spending money, oh, you tax and 
spenders and all that. I think something that's important for people to 
know, Mr. Speaker, is that those of us who are here have paid taxes 
before, too. I'm a school teacher, and 2005 was the first year in my 
life that I filed taxes right at the $50,000 a year range. I'm the 
person who takes pencils when they're available to make sure I can use 
them in my classroom. I use both sides of every sheet of paper. I want 
to see us get our money's worth, too. This project did that. Seventeen 
of these communities and municipalities and States decided what they 
would do is they would pay ahead to cut down on the inflationary value 
of this project. The project was scheduled to last approximately 15 
years. It's a major reconstruction project, a major thing that's 
happening.
  Well, the project got off and going, started running. People are very 
excited about it. Everything is going great, until we started running 
into the last 7 years of the Bush presidency. Last year in President 
Bush's budget he cut the funding for this project down to $15 million a 
year. To give you an idea of what that would do, instead of the 
completion date of 2016 that was scheduled, and remember, States, 
municipalities have paid ahead. They have asked their taxpayers to pay 
taxes ahead to save money in the long run, and overwhelmingly they said 
that. And President Bush promised them that he would be there every 
step of the way. By the way, this is when he was sending off South 
Dakota's soldiers to go fight the war in Afghanistan. He promised them 
that he would be there for their families. By his budgeting cutting 
back to $15 million last year, it meant that the project would not be 
finished until 2051, and the cost would go from about $527 million to 
nearly $900 million.
  Now, this was the President that came to us with an M.B.A. He was the 
CEO president. And what he's saying is that he is not going to be able 
to make the same fiscally responsible decisions to keep these 
communities alive.
  Well, what we did, as a joint delegation, between Iowa, South Dakota 
and Minnesota, Republican and Democrat, said that is wrong. And we went 
and asked, guess what, one of those awful earmarks appropriations to 
put the Federal Government's responsibility back to where it was 
supposed to be or near where it was supposed to be at $27 million.
  So now we're approximately 5 years from completion of this, and this 
wonderful document that the President sent out this week set his budget 
for the Lewis and Clark rural water project, zero dollars. He shut the 
project down. So I guess what he's telling us is, the $300 million 
we've spent, the 300,000 people, communities, where, in my district, 
they cannot issue another building permit in their cities because they 
don't have enough water. He is telling them, leave the pipes half 
finished. Let the people move elsewhere. And you know what I said in 
2001, I didn't really mean it because I've got other priorities.
  Now, remember, this is the same President that told us that our 
fiscal crisis now is simply being caused by our inability to make 
permanent the tax cuts on 1 percent of Americans that actually aren't 
expiring until 2011.
  Now I stand here in front of the people, Mr. Speaker, and with my 
colleagues to ask in a totally bipartisan manner, what sense does this 
make? What sense is this about prioritizing? What do these mayors tell 
their people when they made this decision based on what good government 
is? And if this President is going to think you're going to do this 
alone, who's going to dig the 400-mile long trench from the Missouri 
River to feed these areas of Iowa and Minnesota and South Dakota?
  I guess the President's message has been what it's been all along, 
whether it's been SCHIP, whether it's been our veterans, whether it's 
been anything. I'll be there until it comes time to make some 
prioritizing decisions. At that point you're on your own. He's given us 
his ownership society which truly does mean you're on your own, and now 
we have a situation where we're going to go as a delegation and have to 
fight for every dollar of something as basic as infrastructure to 
deliver water.
  So I will have to tell you on the sacredness of this House floor, 
it's been an overwhelming challenge to keep my tongue on some of this, 
and I applaud my colleagues in the same way.
  But I can tell you, Mr. Speaker, and tell my colleagues, I will not 
rest for 1 minute until this budget starts to reflect the priorities of 
this Nation. There is nothing in this budget that reflects the 
priorities of this Nation. There is nothing in the people of my 
district, and I don't care what political party they belong to, that 
reflects their values. And there is absolutely no vision in this. I 
don't know if maybe this is just a cruel joke on the way out, leaving 
the White House; we'll see what can happen if we do this. But I can 
tell you this: The people of Iowa and South Dakota and Minnesota aren't 
laughing about it. And I can darn sure guarantee you that each of us is 
going to fight to make it right.
  I thank you for indulging me on this, Mr. Yarmuth. You've done a 
fantastic job. You always lead a very important discussion. And I thank 
you and my colleagues for their open-mindedness.
  I agree with you. I'll have this discussion. I will debate with any 
member of this administration or this House of Representatives on why, 
after the investments that we've made, the importance of this project 
and the agreement of constituents and the promise that was made by the 
President, why I'm just supposed to accept this, and why people say, 
can't you all just get along and get something done?
  If there was some sanity coming from the administration, I would say 
yes. But right now at this point I think the answer is no because this 
is going to be fought tooth and nail until this wrong is corrected.
  Mr. YARMUTH. I thank my colleague and want to yield again to Mr. Hall 
from New York. But before I do, I just wanted to add that, again, 
sitting and listening to the State of the Union

[[Page 1514]]

address and talking about the honesty that we need to have when we have 
this discussion, and all of a sudden the President for the first time 
in this State of the Union address takes on the question of earmarks. 
And all of a sudden he's critical of the Democratic Congress because we 
had 11,000 or something earmarks. But he never said a word for 6 years 
while the earmarks expanded to somewhere in the realm of 16,000.
  Now we can have debates over earmarks. I happen to think, as my 
colleagues mentioned, that there are some very valid reasons to have 
earmarks. And I think they have been demonized probably unreasonably. 
But all of a sudden the President finds fiscal religion this year under 
a Democratic-controlled Congress when he was silent for 6 years. And 
the same is true of his passion now for balanced budgets when over the 
first 6 years of his administration with the Republican-controlled 
Congress, he never issued a veto, never threatened a veto of any 
spending bill as we accrued $3.7 or so trillion more in debt, and he 
was silent.
  All of a sudden now you have to suspect that the only reason is 
partisanship. That's what we're trying to get away from in this 
country, and that's what we are trying to get away from as we discuss 
the priorities of the country. Because, as you said, we're interested 
in where the rubber meets the road, programs that help the American 
people, doing the best for the American people and not necessarily what 
means doing the best for a particular party.
  I think what we're seeing, as you mentioned, in the turnout in voters 
in primaries throughout the country is that's what American people 
want. They want people who are going to deal with our problems and not 
deal with partisanship.
  With that, I will once again recognize my distinguished colleague 
from New York (Mr. Hall).
  Mr. HALL of New York. Thank you, Mr. Yarmuth. I appreciate your 
leading this discussion. I also want to acknowledge my colleague from 
New York (Mr. Arcuri). Thank you for serving as Speaker pro tem during 
this period of time.
  I'd just like to respond to Mr. Walz's comment about what kind of 
sense does it make for this cut in the water program in your district. 
Well, I can say it makes about as much sense as the President's 
completely eliminating the Byrne Grant program and the COPS program, 
both of which are vital to my district to provide cops, additional 
policemen on the streets in the 19th District of New York. It makes 
about as much sense as cutting the important programs that provide 
local and State law enforcement agencies with funds to fight terrorism 
and crime, including almost $140 million that were cut from 
bioterrorism preparedness. They make as much sense as the President 
cutting Medicare and Medicaid at a time when health insurance costs are 
skyrocketing, when more and more Americans are forced to live without 
health insurance. This budget cuts $200 billion out of health insurance 
from Medicare and Medicaid. At a time when we're facing one of the most 
damaging housing crises in our history with foreclosures and evictions 
due to the subprime mortgage crisis, it makes as much sense as this 
President cutting the Nation's largest rental assistance program. It 
makes as much sense, as I mentioned before, as cutting the Low Income 
Home Energy Assistance Program by almost 25 percent, preventing people 
in the lower income segment of our economy from being able to heat 
their homes during the winter.
  We were talking about your district. I'll talk about something 
specific to mine. We have, many of us think due to climate change, 
suffered from three 50-year floods in the last 3 years in the 19th 
District, the Delaware River, the Wallkill River, the Ten Mile River, 
all flooding farms, homes, businesses, golf courses, which might not 
sound too important, except they do employ people and they're a source 
of economic input into the local economy. And, but as importantly, 
lives were lost. In Congressman Hinchey's district in Sullivan County, 
there was a drastic, catastrophic flood shortly after the April 29 
nor'easter, which was the third in 2007, the third in a row of our 50-
year floods that came within 3 years.
  So last year, when I was new, I was a freshman, wet behind the ears, 
just been sworn in for my first turn, we got into the appropriations 
process. And you know what it's like. People come into your office from 
different departments of the government asking to have funding restored 
to these different important programs that have been cut by the 
administration. One of those who came to my office was the general who 
is the Army Corps of Engineers director of the Philadelphia district, 
which includes the Delaware watershed. Now, the Delaware Corps of 
Engineers offices go by watersheds, not by State lines or any kind of 
political jurisdictions. Her district, the general's, ran from 
Philadelphia up to Delaware and into New York from Pennsylvania and all 
the way up to the reservoirs that feed New York City's drinking water 
system. This is one of the rivers that has had, at that point in time, 
three 50-year floods in a short span. She came in to ask if I could 
help restore funding. And I said, well, what was it cut to? And she 
showed me in the President's budget it was cut to zero. It was a goose 
egg.
  Now, flood control, in the days after Hurricane Katrina, we all know 
is a serious matter. This obviously is not a serious document any more 
than last year's budget was a serious document. This document is a 
fictitious document that is aimed at pretending to balance the budget 
in 2012. And we all know that can't be done. And, in fact, the general 
and others who have come from different departments to my office and 
others have said, off the record, that it's done with the knowledge 
that the Democratic majority will restore some of these funds at least 
to be able to keep the programs going and to protect people, and then 
we'll get blamed for being big spenders.
  Well, in terms of being big spenders, I just want to bring out this 
chart which I happen to have here which shows the surplus that was the 
United States budget surplus when, in 2001, the Bush administration 
began its term. There was a $5.6 trillion surplus. In the time since 
then, there's red ink of $8.8 trillion, so that at this point in time 
we're at a $3.2 trillion deficit, including omitted items.
  Now, we all know there are items that are not included in this. For 
instance, the war is off budget. We fought wars in the past, World War 
II or the Korean War or the Vietnam War, World War I, during which time 
people were asked to sacrifice. People were asked to pay for the war as 
they went.
  This is a war that we're borrowing money to pay for, and Congressman 
Klein's chart that he showed before, of the increasing foreign 
ownership of our debt, I think, is really important and really 
interesting for several reasons. Obviously it's not healthy for us to 
have this much debt and to accumulate an ever-growing interest payment 
that eclipses anything we can do for education or for housing or for 
veterans or for homeland security and that we're going to pass on to 
our children and our grandchildren.

                              {time}  2230

  That's really unconscionable.
  But the other thing that that does to have that kind of huge debt to 
the Chinese or to the Saudis or to the Mexican or Japanese Governments 
or investors from other countries is it loses our sovereignty when we 
can't talk to China about Darfur or when we can't talk to China 
honestly about human rights violations in their country or about the 
obliteration of the history of Tibet or about whether they're being as 
tough with North Korea about their nuclear problem as we want them to 
be or about lead in toys that are being imported for our children to 
play with or about contaminated food or animal feed or contaminated 
medicine. When we can't talk to the Saudis honestly about human rights 
violations in their country or about their funding of the madrasas, we 
have suffered what I call a loss of sovereignty. When you no longer can 
make honest, diplomatic, economic, military, international decisions or 
really state what is in your

[[Page 1515]]

best interest because you are afraid that your hands are tied for want 
of getting a commodity from one place or the money to pay the debt off 
from another place, then you have lost some of your sovereignty.
  And I'm telling you, in this country, the American people are not 
aware of the extent of it yet, but they better get aware of it because 
this is already a major factor in our foreign policy, but it will be 
more and more of a problem and restrict our options more and more in 
the future if we do not get back to a surplus in terms of our budget, 
if we don't get back to a surplus in the balance of trade, if we don't 
start producing things here. I, personally, am especially fond of the 
options of renewable energy technologies and high tech and computer and 
medical advances and so on that we have traditionally led the world in.
  But we need to invest in education, we need to invest in these 
innovation approaches to technologies and especially to invest in new 
forms of energy to get us away from the billions of dollars a day that 
go to import oil.
  But all of these things are our freedom, and they equate our future 
sovereignty. And I hope we make the right decisions, as opposed to the 
wrong decisions, that are embodied in this budget that the President 
just released so that our children and grandchildren will enjoy being a 
truly sovereign country and a leader in the world in these things 
rather than being subservient to whatever foreign interests happen to 
own our debt.
  Mr. YARMUTH. I appreciate him mentioning the field of education 
because you can have, as I mentioned earlier, two forms of expenditure 
in government. You can have expenditures that are nonproductive, and 
one of those, I think, is the war in Iraq. Interest on the debt is 
another one, because there is no long-term payback to those 
expenditures. Education, investment in infrastructure, as Mr. Walz was 
discussing, those are the types of things that over the long run do 
produce increased revenues for society productivity, and they are the 
type of investments we need to be focusing on.
  And when we look at this budget, the field of education, and I'm on 
the Education and Labor Committee and we are dealing with trying to 
decide whether to reauthorize the No Child Left Behind Act which is 
already $55 billion below its authorized levels in funding. And the 
President, once again, has no increases in funding for education in 
this budget, which means we fall further and further behind.
  So while he called his act No Child Left Behind, where, in fact, we 
are leaving more and more children behind because we are not meeting 
our obligations to make the kind of investments in people and in an 
infrastructure that really will pay off over the long run.
  And I know this is something that is an entire range of topics that 
Mr. Klein has dealt with and has had to set priorities in his own 
legislature in Florida, and I would like to yield to him to advance the 
discussion.
  Mr. KLEIN of Florida. Thank you. I think both of you were talking 
about two priorities of our country and the shortfalls and where we 
need to be, where we've been, and where we are going as a country. And 
I think we look at ourselves, and you hear this in the Presidential 
debates right now about the vision. And any Presidential candidate that 
comes forward and talks about the vision of what our country needs to 
be, where we need to go, the heritage of our country, the legacy of all 
of the great innovation that's happened and the fact that maybe we've 
missed a couple of steps. Not to say we can't regain and continue to 
move forward, because that's exactly what we are going to do. But it is 
going to take some new leadership through the Congress, through the 
Presidency and through the American people, and through our business 
community as well. It is a cooperative effort.
  And I think about a few of the things that are the priorities that 
help us get there. Education, as you just said, is one of them. And one 
of the things that concerned me about the budget was the fact that the 
President had dropped the amount of college grants and the tuition 
assistance programs in the budget. And again, once again, this 
Congress, bipartisan, came forward and increased the Pell Grants and 
increased the college tuition, because if there's one thing I think we 
can all agree on as Americans, every student, every teenager, every 
adult who wants to get a higher level of education and create a greater 
level of workforce training which will only make their lives more 
productive and make their country more productive, that's a good thing. 
It always has been. Education has been the great equalizer in the 
United States, and we ought to be doing everything we can to make sure 
that we are giving that access and that opportunity for every student.
  So, again, a misdirection in this budget which needs to be corrected.
  Another thing that I think is extremely important, and all of us have 
some family history of illness whether it is Alzheimer's, whether it is 
kidney disease, or whether it is cancer or heart disease. And one of 
the things that our government has consistently done working with the 
private sector is research, basic research, which will hopefully find 
cures.
  I know my mother passed away at a young age of 52. She was a very 
vibrant person and developed cancer, and after she went through some 
treatments over a period of time, we lost her. But it certainly gave me 
that commitment, and I know I fought along with many Members of the 
Congress, and the people who are listening tonight have their own 
family histories. And we know that collectively, we have to find ways 
of curing diseases.
  Cuts in this budget to the grants for research, wrong direction. 
Really wrong direction. I feel extremely strong about this that we need 
to have the National Institute of Health grants to work with scientists 
or universities in our health institutions to find the therapies, to 
find the cures, to help make people's lives better. It's also a 
wonderful way of expanding our economic opportunity in exporting and 
licensing and creating technologies to help people around the world and 
selling those products around the world as well. So, again, something 
we need to fix in this budget.
  I think the gentleman mentioned the COPS program, which is something 
that is very much on our streets, and that's, of course, the ability to 
have safety and public safety and security in our communities. I know 
in my local community, $8.5 million in our area would be cut from that 
funding. That's real dollars that affect real people in terms of 
putting police and security on our streets. It is one of the most 
important things our government can do to provide for the public 
safety.
  These are the kinds of things that are misdirections. They can all be 
fixed. It is a question of all of us coming together, putting a budget 
together, hopefully persuading the President that these were mistakes 
and we need to come back and fix them.
  And lastly, of course, I just want to touch on the fact of our 
economy, and the people back home are hurting right now. And we hear it 
every day, whether it is subprime, whether it is foreclosures, any 
number of things; and the Congress is working right now, and we will be 
passing, in the next number of days, an economic stimulus, which is 
designed to be short term. It's designed as a little bit of a prop up 
and a support of people. It will give them some cash and hopefully 
retire some of those responsibilities and pay for some of the 
necessities.
  But long term, we have got to work together on energy issues. It's 
already been discussed. Paying $50, $60 for a tank of gas on someone 
who is earning $30,000 a year is a real issue. And at a time, as we 
already talked about, when energy companies are making incredible, 
historic amounts of money, we need to work together to substitute those 
resources for renewable energy programs, which I know the Congressman 
from New York has been all over and all of us feel very strongly about.
  This is our moment. This is our time. This is our ``Sputnik'' moment. 
This is our putting-the-man-on-the-moon moment. This is the time for 
the American people to work together with the

[[Page 1516]]

business, private sector, and government to create the markets and to 
do it. But we have to do it and start that process now.
  So I think there are long-term and short-term issues on our economy. 
I look forward to working on infrastructure issues with everyone else, 
recognizing, as our Speaker said last week, in 1806 you had the 
Louisiana Purchase period of time, and that was a moment when President 
Jefferson said, This is the time we are going to start building our 
country: the Erie Canal and the canal systems, the road systems that 
got our country going in the industrial revolution.
  A hundred years later, 1908, President Roosevelt coming forward and 
saying, This country is building and developing. Let's preserve some of 
our great areas, and we developed the National Parks System.
  Now 100 years later, to her credit, Speaker  Nancy Pelosi saying this 
is our time to now focus on rebuilding this country: our road systems, 
sewer systems, bridge systems, all of those kinds of things. It has 
everything to do with the economy. It has everything to do with the 
quality of life. Our commerce, people's quality of life, these are the 
things that we need to be working on together. Where there's a will, 
there's a way is my attitude, and I know we are going to do this all 
together.
  Mr. YARMUTH. It's always wonderful to discuss these issues with my 
colleague on the floor.
  And we have just a few minutes left. We have a fundamental decision 
to make in this country, and it is a basic choice, and that is what the 
role of government is, what the role of the Federal Government is. And 
on the one side, I think we have those that believe the role of the 
Federal Government is to get out of the way and to let whatever happens 
happen. And the other side, and I think most of us in this room would 
agree, that there is a legitimate role for the government to try to 
promote the type of progress through investments and the proper 
priorities that will make this a better country, and, basically, 
whether you believe government has a role in setting the direction of 
the country or whether it is basically just to get out of the way and 
let the most powerful people and the biggest corporations decide what 
is going to happen and let kind of a Darwinian atmosphere prevail.
  So I would like to allow everyone to close briefly to whatever they 
have to say kind of related to that fundamental choice we face or to 
talk about the issue of priorities as we look forward to this budget 
process again this year.
  Mr. WALZ of Minnesota. I so enjoy listening to the eloquence and 
thoughtfulness of this. The gentleman did sum it up about the 
priorities, and both gentlemen from Kentucky, Florida, and New York 
focusing on education and seeing it as an investment.
  Of course, being a high school teacher, every chance I get to get 
into a classroom, I jump at it. And Monday I had the chance to teach a 
government class in a small town actually in the area served by the 
Lewis and Clark Rural Water Project. And I will just leave you this, 
and you can decide, again, what sense does this make.
  The teacher was very excited about their first-year teaching job. 
They started out making $28,500 a year. Because of the decisions that 
have been made here and the decisions that have been made in St. Paul, 
the insurance for that family for him to provide for his wife and 
children was $14,100. So before taxes, our schoolteachers are making 
$14,400. If you take taxes out of this, we probably have a violation of 
minimum wage that's happening. That's the decisions that have been 
made.
  But I go back to, once again, the President is not talking about 
that. The President is asking for how can we make tax cuts permanent 
for millionaires, and this Nation needs to decide what is our next 
generation going to do if we're not willing to invest.
  Mr. YARMUTH. I would like to yield to my colleague from New York.
  Mr. HALL of New York. I would like to close by saying as college 
costs rise, this President eliminates programs to help pay low-income 
students for higher education. As health care costs rise, this budget 
proposes a significant cut in both Medicare and Medicaid. It actually 
cuts funding for the Environmental Protection Agency, which would 
endanger the health and welfare of all Americans.
  So to quote from this President Bush's father, the first President, 
Herbert Walker Bush, when he was responding to the invasion of Kuwait 
by Saddam Hussein, This will not stand. I will say, as far as this 
budget being brought to this Congress, this will not stand. It will be 
changed, and I hope the next time around on the floor of the House we 
will be talking about the positive changes that we've made to reflect 
the priorities of the American people which we were elected to espouse.
  Mr. YARMUTH. I thank the gentleman for his comments, and I'd like to 
call on Mr. Klein from Florida for closing remarks.
  Mr. KLEIN of Florida. I am an eternal optimist, like everyone in the 
Chamber, Democrats and Republicans. I feel the American people are up 
to the challenge. We are up to sacrifice. And we're going to do this. 
And we will convince the administration along the way here that it's 
the right thing to do. And we're going to continue to rebuild our 
country and be successful. But let's put our nose down and work hard. 
And I look forward to working with all my colleagues to accomplish 
that.
  Mr. YARMUTH. I thank all my colleagues. And I'd like to end where we 
began, and that is that when these majority makers, our freshman class, 
was elected in 2006, we were elected because the country thought that 
the government of the United States had the wrong priorities, that we 
needed a new set of priorities, we needed a new direction. We've 
committed ourselves to that new direction. I think as we approach this 
budgetary process and all areas that we have to do, we will seek a new 
direction for the American people.

                          ____________________




OMISSION FROM THE CONGRESSIONAL RECORD OF WEDNESDAY, DECEMBER 19, 2007 
                             AT PAGE 36300

                                 ______
                                 
  Lorraine C. Miller, Clerk of the House reported that on December 13, 
2007, she presented to the President of the United States, for his 
approval, the following bill.

       H.J. Res. 69. Making further continuing appropriations for 
     the fiscal year 2008, and for other purposes.

  Lorraine C. Miller, Clerk of the House also reported that on December 
18, 2007, she presented to the President of the United States, for his 
approval, the following bill.

       H.R. 6. An act to reduce our Nation's dependency on foreign 
     oil by investing in clean, renewable, and alternative energy 
     resources, promoting new emerging energy technologies, 
     developing greater efficiency, and creating a Strategic 
     Energy Efficiency and Renewables Reserve to invest in 
     alternative energy, and for other purposes.

                          ____________________




OMISSION FROM THE CONGRESSIONAL RECORD OF FRIDAY, DECEMBER 28, 2007 AT 
                               PAGE 36503

                                 ______
                                 
  Lorraine C. Miller, Clerk of the House reported that on December 19, 
2007, she presented to the President of the United States, for his 
approval, the following bills.

       H.R. 797. To amend title 38, United States Code, to improve 
     compensation benefits for veterans in certain cases of 
     impairment of vision involving both eyes, and for other 
     purposes.
       H.R. 1585. An act to authorize appropriations for fiscal 
     year 2008 for military activities of the Department of 
     Defense, for military construction, and for defense 
     activities of the Department of Energy, to prescribe military 
     personnel strengths for such fiscal year, and for other 
     purposes.
       H.R. 2408. To designate the Department of Veterans Affairs 
     outpatient clinic in Green Bay, Wisconsin, as the ``Milo C. 
     Huempfner Department of Veterans Affairs Outpatient Clinic''.
       H.R. 2671. To designate the United States courthouse 
     located at 301 North Miami Avenue, Miami, Florida, as the 
     ``C. Clyde Atkins United States Courthouse''.

[[Page 1517]]


       H.R. 2761. An act to extend the Terrorism Insurance Program 
     of the Department of the Treasury, and for other purposes.
       H.R. 3648. An act to amend the Internal Revenue Code of 
     1986 to exclude discharges of indebtedness on principal 
     residences from gross income, and for other purposes.
       H.R. 3703. To amend section 5112(p)(1)(A) of title 31, 
     United States Code, to allow an exception from the $1 coin 
     dispensing capability requirement for certain vending 
     machines.
       H.R. 3739. To amend the Arizona Water Settlements Act to 
     modify the requirements for the statement of findings.

                          ____________________




                            LEAVE OF ABSENCE

  By unanimous consent, leave of absence was granted to:
  Mr. Boucher (at the request of Mr. Hoyer) for today and the balance 
of the week.
  Mr. Ruppersberger (at the request of Mr. Hoyer) for today and the 
balance of the week on account of medical reasons.
  Mr. Tanner (at the request of Mr. Hoyer) for today and the balance of 
the week on account of tornado devastation in the district.
  Ms. Woolsey (at the request of Mr. Hoyer) for today and the balance 
of the week.
  Mr. Wynn (at the request of Mr. Hoyer) for today after 6 p.m. on 
account of a family emergency.
  Mr. Gingrey (at the request of Mr. Boehner) for today on account of 
attending a funeral.
  Mr. Kuhl of New York (at the request of Mr. Boehner) for today on 
account of personal reasons.
  Mr. Petri (at the request of Mr. Boehner) for today on account of 
severe winter storms in Wisconsin preventing him from making votes.
  Mr. Ryan of Wisconsin (at the request of Mr. Boehner) for today on 
account of severe winter storms in Wisconsin preventing him from making 
votes.
  Mr. Whitfield (at the request of Mr. Boehner) for today on account of 
surveying tornado damage in the First Congressional District of 
Kentucky.

                          ____________________




                         SPECIAL ORDERS GRANTED

  By unanimous consent, permission to address the House, following the 
legislative program and any special orders heretofore entered, was 
granted to:
  (The following Members (at the request of Ms. Sutton) to revise and 
extend their remarks and include extraneous material:)
  Ms. Woolsey, for 5 minutes, today.
  Ms. Sutton, for 5 minutes, today.
  Mr. DeFazio, for 5 minutes, today.
  Ms. Kaptur, for 5 minutes, today.
  Ms. Norton, for 5 minutes, today.
  Mr. Bishop of New York, for 5 minutes, today.
  (The following Members (at the request of Mr. Poe) to revise and 
extend their remarks and include extraneous material:)
  Mr. Franks of Arizona, for 5 minutes, today and February 7, 8, and 
12.
  Mr. Poe, for 5 minutes, today and February 7, 8, 12, and 13.
  Mr. Jones of North Carolina, for 5 minutes, today and February 7, 8, 
12, and 13.
  Mr. Burton of Indiana, for 5 minutes, today and February 7 and 8.

                          ____________________




               SENATE BILL AND JOINT RESOLUTION REFERRED

  A bill and a joint resolution of the Senate of the following titles 
were taken from the Speaker's table and, under the rule, referred as 
follows:

       S. 550. An act to preserve existing judgeships on the 
     Superior Court of the District of Columbia; to the Committee 
     on Oversight and Government Reform.
       S.J. Res. 25. Joint resolution providing for the 
     appointment of John W. McCarter as a citizen regent of the 
     Board of Regents of the Smithsonian Institution; to the 
     Committee on House Administration.

                          ____________________




                         ENROLLED BILLS SIGNED

  Ms. Lorraine C. Miller, Clerk of the House, reported and found truly 
enrolled bills of the House of the following titles, which were 
thereupon signed by the Speaker on Thursday, January 31, 2008:

       H.R. 5104. An act to extend the Protect America Act of 2007 
     for 15 days.

  On Monday, February 4, 2008:

       H.R. 4253. An act to improve and expand small business 
     assistance programs for veterans of the armed forces and 
     military reservists, and for other purposes.

                          ____________________




                      SENATE ENROLLED BILL SIGNED

  The Speaker announced her signature to an enrolled bill of the Senate 
of the following title:

       S. 2110. An act to designate the facility of the United 
     States Postal Service located at 427 North Street in Taft, 
     California, as the ``Larry S. Pierce Post Office.''

                          ____________________




                    BILL PRESENTED TO THE PRESIDENT

  Lorraine C. Miller, Clerk of the House, reports that on January 30, 
2008, she presented to the President of the United States, for his 
approval, the following bills:


       H.R. 5104. To extend the Protect America Act of 2007 for 15 
     days.

                          ____________________




                              ADJOURNMENT

  Mr. YARMUTH. Mr. Speaker, I move that the House do now adjourn.
  The motion was agreed to; accordingly (at 10 o'clock and 45 minutes 
p.m.), the House adjourned until tomorrow, Thursday, February 7, 2008, 
at 10 a.m.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

  Under clause 8 of rule XII, executive communications were taken from 
the Speaker's table and referred as follows:

       5183. A letter from the Congressional Review Coordinator, 
     Department of Agriculture, transmitting the Department's 
     final rule -- Bovine Spongiform Encephalopathy; Minimal-Risk 
     Regions; Identification of Ruminants, and Processing and 
     Importation of Commodities [Docket No. APHIS-2006-0026-3] 
     (RIN: 0579-AC45) received January 22, 2008, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
       5184. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting a report on U.S. 
     military personnel and U.S. individual civilians retained as 
     contractors involved in supporting Plan Colombia, pursuant to 
     Public Law 106-246, section 3204 (f); to the Committee on 
     Armed Services.
       5185. A letter from the Counsel for Legislation and 
     Regulations, Department of Housing and Urban Development, 
     transmitting the Department's final rule -- FHA Appraiser 
     Roster Requirements [Docket No. FR-5112-F-01] (RIN: 2502-
     AI53) received January 23, 2008, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Financial Services.
       5186. A letter from the Legal Information Assistant, 
     Department of the Treasury, transmitting the Department's 
     final rule -- Identity Theft Red Flags and Address 
     Discrepancies Under the Fair and Accurate Credit Transactions 
     Act of 2003 [Docket ID OCC-2007-0017] (RIN: 1557-AC87) 
     received January 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Financial Services.
       5187. A letter from the Director, Office of Legislative 
     Affairs, Federal Deposit Insurance Corporation, transmitting 
     the Corporation's final rule -- Rules of Practice and 
     Procedure (RIN: 3064-AD22) received January 29, 2008, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Financial Services.
       5188. A letter from the Secretary, Securities and Exchange 
     Commission, transmitting the Commission's final rule -- 
     Electronic Shaireholder Forums [Release No. 34-57172; IC-
     28124; File No. S7-16-07] (RIN: 3235-AJ92) received January 
     23, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Financial Services.
       5189. A letter from the Attorney, Office of Assistant 
     General Counsel for Legislation and Regulatory Law, 
     Department of Energy, transmitting the Department's final 
     rule -- Workplace Substance Abuse Programs at DOE Sites (RIN: 
     1992-AA38) received January 23, 2008, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.
       5190. A letter from the Director, Regulations Policy and 
     Mgmt. Staff, Department of Health and Human Services, 
     transmitting the Department's final rule -- Index of Legally 
     Marketed Unapproved New Animal Drugs for Minor Species 
     [Docket No. 2006N-0067] (RIN: 0910-AF67) received January 23, 
     2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Energy and Commerce.
       5191. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- Fluopicolide; Pesticide Tolerance 
     [EPA-HQ-OPP-2006-0481; FRL-8341-6] received January 25, 2008, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy 
     and Commerce.
       5192. A letter from the Director, Regulatory Management 
     Division, Environmental

[[Page 1518]]

     Protection Agency, transmitting the Agency's final rule -- 
     Boscalid; Denial of Objections [EPA-HQ-OPP-2005-0145; FRL-
     8347-3] received January 25, 2008, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.
       5193. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- Health and Safety Data Reporting; 
     Addition of Certain Chemicals [EPA-HQ-OPPT-2007-0487; FRL-
     8154-2] (RIN: 2070-AB11) received January 25, 2008, pursuant 
     to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and 
     Commerce.
       5194. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- Approval and Promulgation of Air 
     Quality Implementation Plans; Michigan; Oxides of Nitrogen 
     Regulations, Phase II [EPA-R05-OAR-2007-0024; FRL-8519-4] 
     received January 24, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Energy and Commerce.
       5195. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- Approval and Promulgation of Air 
     Quality Implementation Plans; Maine; Ozone Maintenance Plans 
     [EPA-R01-OAR-2007-0963; A-1-FRL-8522-1] received January 24, 
     2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Energy and Commerce.
       5196. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- Approval and Promulgation of Air 
     Quality Implementation Plans; Connecticut; State 
     Implementation Plan Revision to Implement the Clean Air 
     Interstate Rule [EPA-R01-OAR-2007-0399; FRL-8517-4] received 
     January 24, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Energy and Commerce.
       5197. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- State Operating Permit Programs; Ohio; 
     Revisions to the Acid Rain Regulations [EPA-R05-OAR-2007-
     1198; FRL-8521-3] received January 24, 2008, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce.
       5198. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- Massachusetts; Final Authorization of 
     State Hazardous Waste Management Program Revisions [EPA-R01-
     RCRA-2007-1171; FRL-8521-8] received January 24, 2008, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy 
     and Commerce.
       5199. A letter from the Director, Regulatory Management 
     Division, Environmental Protection Agency, transmitting the 
     Agency's final rule -- National Emission Standards for 
     Hazardous Air Pollutants for Iron and Steel Foundries [EPA-
     HQ-OAR-2002-0034; FRL-8522-4] (RIN: 2060-AM85) received 
     January 24, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Energy and Commerce.
       5200. A letter from the Deputy Chief, CGB, Federal 
     Communications Commission, transmitting the Commission's 
     final rule -- In the Matter of Telecommunications Relay 
     Services and Speech-to-Speech Services for Individuals with 
     Hearing and Speech Disabilities [CG Docket No. 03-123] 
     received January 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Energy and Commerce.
       5201. A letter from the Chief of Staff, Media Bureau, 
     Federal Communications Commission, transmitting the 
     Commission's final rule -- In the Matter of Carriage of 
     Digital Television Broadcast Signals: Amendment to Part 76 of 
     the Commission's Rules [CS Docket No. 98-120] received 
     January 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Energy and Commerce.
       5202. A letter from the Chief of Staff, Media Bureau, 
     Federal Communications Commission, transmitting the 
     Commission's final rule -- In the matter of Amendment of 
     Section 73.202(b) FM Table of Allotments, FM Broadcast 
     Stations. (Charlo, Montana) [MB Docket No. 07-143 RM-11381] 
     received January 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Energy and Commerce.
       5203. A letter from the Chief of Staff, Media Burea, 
     Federal Communications Commission, transmitting the 
     Commission's final rule -- In the Matter of Amendment of 
     Section 73.202(b), Table of Allotments, FM Broadcast 
     Stations. (Live Oak, Florida) [MB Docket No. 07-131 RM-11377] 
     received January 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Energy and Commerce.
       5204. A letter from the Assistant Legal Adviser for Treaty 
     Affairs, Department of State, transmitting Copies of 
     international agreements, other than treaties, entered into 
     by the United States, pursuant to 1 U.S.C. 112b; to the 
     Committee on Foreign Affairs.
       5205. A letter from the Deputy Director, Defense Security 
     Cooperation Agency, transmitting the FY 2007 annual report in 
     accordance with Section 655 of the Foreign Assistance Act of 
     1961 (FAA); to the Committee on Foreign Affairs.
       5206. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     section 36(d) of the Arms Export Control Act, certification 
     regarding the proposed license for the manufacture of 
     military equipment to the Government of Colombia (Transmittal 
     No. DDTC 093-07); to the Committee on Foreign Affairs.
       5207. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting a report pursuant 
     to Section 3 of the Arms Export Control Act, as amended, 
     detailing an unauthorized retransfer of U.S.-granted defense 
     articles; to the Committee on Foreign Affairs.
       5208. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting Pursuant to 
     section 565(b) of the Foreign Relations Authorization Act for 
     FY 1994 and 1995 (Pub. L. 103-236), certifications and 
     waivers of the prohibition against contracting with firms 
     that comply with the Arab League Boycott of the State of 
     Israel and of the prohibition against contracting with firms 
     that discriminate in the award of subcontracts on the basis 
     of religion, and accompanying Memorandum of Justification; to 
     the Committee on Foreign Affairs.
       5209. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting the Department's 
     2007 Annual Report on U.S. Government Assistance to and 
     Cooperative Activities with Eurasia and the Fiscal Year 2007 
     Annual Report on U.S. Government Assistance to Eastern Europe 
     under the Support for East European Democracy Act, as 
     required by Pub. L. 101-179, Sec. 704(c); to the Committee on 
     Foreign Affairs.
       5210. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting a report pursuant 
     to Paragraph (5)(D) of the Senate's May 1997 resolution of 
     advice and consent to the ratification of the Conventional 
     Armed Forces in Europe Treaty Flank Document of May 31, 1996; 
     to the Committee on Foreign Affairs.
       5211. A letter from the Chair, J. William Fulbright Foreign 
     Scholarship Board, transmitting the annual report of the J. 
     William Fulbright Foreign Scholarship Board for 2006-2007; to 
     the Committee on Foreign Affairs.
       5212. A communication from the President of the United 
     States, transmitting a report including matters relating to 
     the interdiction of aircraft engaged in illicit drug 
     trafficking, pursuant to 22 U.S.C. 2291-4; (H. Doc. No. 110-
     91); to the Committee on Foreign Affairs and ordered to be 
     printed.
       5213. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-256, 
     ``Bicycle Registration Reform Amendment Act of 2008,'' 
     pursuant to D.C. Code section 1-233(c)(1); to the Committee 
     on Oversight and Government Reform.
       5214. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-257, 
     ``Enhanced Professional Security Amendment Act of 2008,'' 
     pursuant to D.C. Code section 1-233(c)(1); to the Committee 
     on Oversight and Government Reform.
       5215. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-258, 
     ``Appointment of the Chief Medical Examiner Amendment Act of 
     2008,'' pursuant to D.C. Code section 1-233(c)(1); to the 
     Committee on Oversight and Government Reform.
       5216. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-259, ``Health 
     Services Planning Program Amendment Act of 2008,'' pursuant 
     to D.C. Code section 1-233(c)(1); to the Committee on 
     Oversight and Government Reform.
       5217. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-261, ``Frank 
     Harris, Jr. Justice Amendment Act of 2008,'' pursuant to D.C. 
     Code section 1-233(c)(1); to the Committee on Oversight and 
     Government Reform.
       5218. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-263, 
     ``Tregaron Conservancy Tax Exemption and Relief Act of 
     2008,'' pursuant to D.C. Code section 1-233(c)(1); to the 
     Committee on Oversight and Government Reform.
       5219. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-265, ``Fiscal 
     Year 2008 Supplemental Appropriations Temporary Act of 
     2008,'' pursuant to D.C. Code section 1-233(c)(1); to the 
     Committee on Oversight and Government Reform.
       5220. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-273, 
     ``District Funds Reserved Act of 2008,'' pursuant to D.C. 
     Code section 1-233(c)(1); to the Committee on Oversight and 
     Government Reform.
       5221. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-274, ``Wax 
     Museum Project Tax Abatement Allocation Modification Act of 
     2008,'' pursuant to D.C. Code section 1-233(c)(1); to the 
     Committee on Oversight and Government Reform.
       5222. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-276, 
     ``Presidential Primary Ballot Access Temporary Amendment Act 
     of 2008,'' pursuant to D.C. Code section 1-233(c)(1); to the 
     Committee on Oversight and Government Reform.
       5223. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-277, ``Child 
     Support Compliance Amendment Act of 2008,'' pursuant to D.C. 
     Code section 1-233(c)(1); to the

[[Page 1519]]

     Committee on Oversight and Government Reform.
       5224. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-279, 
     ``Downtown Retail TIF Amendment Act of 2008,'' pursuant to 
     D.C. Code section 1-233(c)(1); to the Committee on Oversight 
     and Government Reform.
       5225. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-275, 
     ``Constitution Square Economic Development Act of 2008,'' 
     pursuant to D.C. Code section 1-233(c)(1); to the Committee 
     on Oversight and Government Reform.
       5226. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-272, ``Small 
     Business Commercial Property Tax Relief Act of 2008,'' 
     pursuant to D.C. Code section 1-233(c)(1); to the Committee 
     on Oversight and Government Reform.
       5227. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-271, ``Public 
     Education Personnel Reform Amendment Act of 2008,'' pursuant 
     to D.C. Code section 1-233(c)(1); to the Committee on 
     Oversight and Government Reform.
       5228. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-264, 
     ``Closing of Public Alley in Square 696, S.O. 07-8302, Act of 
     2008,'' pursuant to D.C. Code section 1-233(c)(1); to the 
     Committee on Oversight and Government Reform.
       5229. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-262, ``Arthur 
     Capper/Carrollsburg Public Improvements Revenue Bonds 
     Approval Amendment Act of 2008,'' pursuant to D.C. Code 
     section 1-233(c)(1); to the Committee on Oversight and 
     Government Reform.
       5230. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-260, ``Effi 
     Slaughter Barry HIV/AIDS Initiative Act of 2008,'' pursuant 
     to D.C. Code section 1-233(c)(1); to the Committee on 
     Oversight and Government Reform.
       5231. A letter from the Chair, CPB Board of Directors, 
     Corporation for Public Broadcasting, transmitting the 
     semiannual report of the Office of the Inspector General for 
     the period ending September 30, 2007, pursuant to 5 U.S.C. 
     app. (Insp. Gen. Act), section 5(b); to the Committee on 
     Oversight and Government Reform.
       5232. A letter from the Deputy Chief Human Capital Officer, 
     Department of Commerce, transmitting the Department's report 
     on the use of the Category Rating System, pursuant to 5 
     U.S.C. 3319; to the Committee on Oversight and Government 
     Reform.
       5233. A letter from the Senior Procurement Executive and 
     Director, Office of Acquisition Management and Procurement 
     Executive, Department of Commerce, transmitting in accordance 
     with Section 647(b) of Division F of the Consolidated 
     Appropriations Act, FY 2004, Pub. L. 108-199, and the Office 
     of Management and Budget Memorandum M-08-02, the Department's 
     report on competitive sourcing efforts for FY 2007; to the 
     Committee on Oversight and Government Reform.
       5234. A letter from the White House Liaison, Department of 
     Education, transmitting a report pursuant to the Federal 
     Vacancies Reform Act of 1998; to the Committee on Oversight 
     and Government Reform.
       5235. A letter from the White House Liaison, Department of 
     Education, transmitting a report pursuant to the Federal 
     Vacancies Reform Act of 1998; to the Committee on Oversight 
     and Government Reform.
       5236. A letter from the Secretary, Department of Energy, 
     transmitting in accordance with Section 647(b) of Division F 
     of the Consolidated Appropriations Act, FY 2004, Pub. L. 108-
     199, the Department's report on competitive sourcing efforts 
     for FY 2007; to the Committee on Oversight and Government 
     Reform.
       5237. A letter from the Deputy Associate General Counsel 
     for Regulatory Affairs, Department of Homeland Security, 
     transmitting the Department's final rule -- Minimum Standards 
     for Drivers' Licenses and Identification Cards Acceptable by 
     Federal Agencies for Official Purposes [Docket No. DHS-2006-
     0030] (RIN: 1601-AA37) received January 14, 2008, pursuant to 
     5 U.S.C. 801(a)(1)(A); to the Committee on Oversight and 
     Government Reform.
       5238. A letter from the Deputy Under Secretary for 
     Management, Department of Homeland Security, transmitting in 
     accordance with Section 647(b) of Division F of the 
     Consolidated Appropriations Act, FY 2004, Pub. L. 108-199, 
     the Department's report on competitive sourcing efforts for 
     FY 2007; to the Committee on Oversight and Government Reform.
       5239. A letter from the Assistant Secretary for 
     Administration and Mgmt., Department of Labor, transmitting a 
     report pursuant to the Federal Vacancies Reform Act of 1998; 
     to the Committee on Oversight and Government Reform.
       5240. A letter from the Assitant Secretary for 
     Administration and Mgmt., Department of Labor, transmitting a 
     report pursuant to the Federal Vacancies Reform Act of 1998; 
     to the Committee on Oversight and Government Reform.
       5241. A letter from the Secretary, Department of Veterans 
     Affairs, transmitting in accordance with Section 647(b) of 
     Division F of the Consolidated Appropriations Act, FY 2004, 
     Pub. L. 108-199, the Department's report on competitive 
     sourcing efforts for FY 2007; to the Committee on Oversight 
     and Government Reform.
       5242. A letter from the Assistant Administrator, 
     Environmental Protection Agency, transmitting in accordance 
     with Section 647(b) of Division F of the Consolidated 
     Appropriations Act, FY 2004, Pub. L. 108-199, the Agency's 
     report on competitive sourcing efforts for FY 2007; to the 
     Committee on Oversight and Government Reform.
       5243. A letter from the Administrator, Environmental 
     Protection Agency, transmitting the Agency's report entitled 
     ``Annual Report to Congress on Implementation of Public Law 
     106-107''; to the Committee on Oversight and Government 
     Reform.
       5244. A letter from the Chairman and Chief Executive 
     Officer, Farm Credit Administration, transmitting a copy of 
     the annual report in compliance with the Government in the 
     Sunshine Act covering the calendar year 2006, pursuant to 5 
     U.S.C. 552b; to the Committee on Oversight and Government 
     Reform.
       5245. A letter from the Secretary, Federal Trade 
     Commission, transmitting the Commission's report entitled, 
     ``Accounting for Laws that Apply Differently to the United 
     States Postal Service and Its Private Competitors,'' pursuant 
     to 39 U.S.C. 101; to the Committee on Oversight and 
     Government Reform.
       5246. A letter from the Director, Financial Management, 
     Government Accountability Office, transmitting the FY 2007 
     annual report of the Comptrollers' General Retirement System, 
     pursuant to Public Law 95-595; to the Committee on Oversight 
     and Government Reform.
       5247. A letter from the Director, Office of Personnel 
     Management, transmitting the Chief Human Capital Officers 
     (CHCO) Council's Report to Congress covering FY 2007, 
     pursuant to 5 U.S.C. 1401 note Public Law 107-296 section 
     1303(d); to the Committee on Oversight and Government Reform.
       5248. A letter from the Deputy Assistant Administrator for 
     Operations, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Magnuson-Stevens Fishery Conservation and Management Act 
     Provisions; Fisheries of the Northeastern United States; 
     Atlantic Surfclam and Ocean Quahog Fishery; Final 2008-2010 
     Fishing Quotas for Atlantic Surfclams and Ocean Quahogs 
     [Docket No. 070717342-7713-02] (RIN: 0648-AV42) received 
     January 22, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Natural Resources.
       5249. A letter from the Assistant Secretary Legislative 
     Affairs, Department of State, transmitting the Department's 
     final rule -- Visas: Documentation of immigrants under the 
     Immigration and Nationality Act, as amended. -- received 
     January 23, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on the Judiciary.
       5250. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting a redesignation 
     pursuant to Section 219 of the Immigration and Nationality 
     Act; to the Committee on the Judiciary.
       5251. A letter from the Program Manager, Department of 
     Health and Human Services, transmitting the Department's 
     final rule -- Reauthorization of the Temporary Assistance for 
     Needy Families (TANF) Program (RIN: 0970-AC27) received 
     January 25, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Ways and Means.
       5252. A letter from the Chief, Publications and Regulations 
     Branch, Internal Revenue Service, transmitting the Service's 
     final rule -- Intermediary Transaction Tax Shelter [Notice 
     2008-20] received January 23, 2008, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Ways and Means.
       5253. A letter from the Chief, Publications and 
     Regulations, Internal Revenue Service, transmitting the 
     Service's final rule -- Application of Section 338 to 
     Insurance Companies [TD 9377] (RIN: 1545-BF02) received 
     January 23, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Ways and Means.
       5254. A letter from the Acting Regulations Officer of 
     Social Security, Social Security Administration, transmitting 
     the Administration's final rule -- Private Printing of 
     Prescribed Applications, Forms, and Other Publications 
     [Docket No. SSA-2007-0009] (RIN: 0960-AG36) received January 
     22, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Ways and Means.
       5255. A letter from the Acting SSA Regulations Officer, 
     Social Security Administration, transmitting the 
     Administration's final rule -- Methods for Conducting 
     Personal Conferences When Waiver of Recovery of a Title II or 
     Title XVI Overpayment Cannot Be Approved [Docket No. SSA-
     2006-0096] (RIN: 0960-AG40) received January 23, 2008, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways 
     and Means.
       5256. A letter from the Program Manager, Department of 
     Health and Human Services, transmitting the Department's 
     final rule --

[[Page 1520]]

     Revisit User Fee Program for Medicare Survey and 
     Certification Activities [CMS-2278-IFC3] (RIN: 0938-AP22) 
     received January 18, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     jointly to the Committees on Energy and Commerce and Ways and 
     Means.

                          ____________________




         REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XIII, reports of committees were delivered to 
the Clerk for printing and reference to the proper calendar, as 
follows:

       Ms. SLAUGHTER: Committee on Rules. House Resolution 955. 
     Resolution waiving a requirement of clause 6(a) of rule XIII 
     with respect to consideration of certain resolutions reported 
     from the Committee on Rules (Rept. 110-522). Referred to the 
     House Calendar.
       Ms. SUTTON: Committee on Rules. House Resolution 956. 
     Resolution providing for consideration of the bill (H.R. 
     4137) to amend and extend the Higher Education Act of 1965, 
     and for other purposes (Rept. 110-523). Referred to the House 
     Calendar.


                         discharge of committee

          [The following action occurred on February 1, 2008]

  Pursuant to clause 2 of rule XII the Committee on Armed Services 
discharged from further consideration. H.R. 3111 referred to the 
Committee of the Whole House on the State of the Union.

                          ____________________




                    TIME LIMITATION OF REFERRED BILL

  Pursuant to clause 2 of rule XII the following action was taken by 
the Speaker:

          [The following actions occurred on February 1, 2008]

       H.R. 275. Referral to the Committee on the Judiciary 
     extended for a period ending not later than February 8, 2008.
       H.R. 275. Referral to the Committee on Energy and Commerce 
     extended for a period ending not later than February 22, 
     2008.
       H.R. 948. Referral to the Committee on Ways and Means 
     extended for a period ending not later than March 31, 2008.

                          ____________________




                      PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XII, public bills and resolutions were 
introduced and severally referred, as follows:

           By Mr. CAMPBELL of California (for himself, Mr. 
             Boehner, Mr. Putnam, Mr. Carter, Mr. Hunter, Mr. Sam 
             Johnson of Texas, Mr. Saxton, Mr. Wilson of South 
             Carolina, Mr. Lamborn, Mr. Burgess, Mr. Kline of 
             Minnesota, Mr. Poe, Mr. Rohrabacher, Mr. Rogers of 
             Michigan, Mr. Broun of Georgia, Mr. Issa, Mr. Tiahrt, 
             Mr. Burton of Indiana, Ms. Fallin, Mr. McCotter, Mr. 
             Gohmert, Mr. Pitts, Mr. Herger, Mr. Feeney, Mr. 
             McHenry, Mr. Franks of Arizona, Mr. Sessions, Mr. 
             Walberg, Mr. Mack, Mr. Calvert, Mr. Keller, Mr. 
             Boustany, Mr. Sullivan, Mrs. Schmidt, Mr. Brady of 
             Texas, Mr. Conaway, Mr. Gingrey, Ms. Foxx, Mr. Miller 
             of Florida, Mr. Cannon, Mr. Hall of Texas, Mr. King 
             of Iowa, Mr. Hensarling, Mrs. Capito, and Mr. King of 
             New York):
       H.R. 5222. A bill to rescind funds appropriated by the 
     Consolidated Appropriations Act, 2008, for the City of 
     Berkeley, California, and any entities located in such city, 
     and to provide that such funds shall be transferred to the 
     Operation and Maintenance, Marine Corps account of the 
     Department of Defense for the purposes of recruiting; to the 
     Committee on Appropriations.
           By Mr. BOSWELL (for himself, Mr. Hayes, Mr. Braley of 
             Iowa, Mr. Ortiz, Mrs. Boyda of Kansas, Mr. Bartlett 
             of Maryland, and Mr. Loebsack):
       H.R. 5223. A bill to provide for the enhancement of the 
     suicide prevention programs of the Department of Defense, and 
     for other purposes; to the Committee on Armed Services.
           By Mr. BONNER:
       H.R. 5224. A bill to suspend temporarily the duty on 
     Hexane, 1,6-dichloro-; to the Committee on Ways and Means.
           By Mr. BONNER:
       H.R. 5225. A bill to suspend temporarily the duty on 
     Propanedioic acid, diethyl ester; to the Committee on Ways 
     and Means.
           By Mr. BONNER:
       H.R. 5226. A bill to suspend temporarily the duty on 
     Butane, 1-chloro; to the Committee on Ways and Means.
           By Mr. BONNER:
       H.R. 5227. A bill to suspend temporarily the duty on 1,3,5-
     Triazine, 2,4,6-tris(2-propenyloxyl)-; to the Committee on 
     Ways and Means.
           By Mr. ANDREWS (for himself and Mr. Petri):
       H.R. 5228. A bill to protect employees from invasion of 
     privacy by employers by prohibiting video and audio 
     monitoring of employees when in an area where it is 
     reasonable to expect employees to change clothing; to the 
     Committee on Education and Labor.
           By Mr. BARTLETT of Maryland (for himself, Mr. Israel, 
             Mr. Boozman, Mrs. Gillibrand, Ms. Schwartz, Mr. 
             Carter, Mr. Rodriguez, Mr. LoBiondo, Mr. Bishop of 
             Utah, Mr. Miller of Florida, Mr. Cummings, Mr. 
             Schiff, Mr. Gordon, Mr. Udall of Colorado, Mr. Wilson 
             of South Carolina, Mr. Ellison, Mr. Kirk, Mr. Johnson 
             of Georgia, Mr. Kuhl of New York, Mr. Wynn, Mr. Meek 
             of Florida, Mr. Butterfield, Ms. Foxx, Ms. Giffords, 
             Ms. Shea-Porter, Mr. Carney, Mr. Loebsack, Ms. Eddie 
             Bernice Johnson of Texas, Mr. Gilchrest, Ms. Corrine 
             Brown of Florida, Mr. Jones of North Carolina, Mr. 
             Hill, Mrs. Lowey, Ms. Berkley, Mr. Neugebauer, Mr. 
             Walz of Minnesota, Mr. King of Iowa, Mr. Tiberi, Mr. 
             McHenry, Mr. Wolf, Mr. Kingston, Mr. Paul, Mr. Goode, 
             and Mr. Saxton):
       H.R. 5229. A bill to amend title 38, United States Code, to 
     remove certain limitations on the transfer of entitlement to 
     basic educational assistance under the Montgomery GI Bill, 
     and for other purposes; to the Committee on Armed Services, 
     and in addition to the Committee on Veterans' Affairs, for a 
     period to be subsequently determined by the Speaker, in each 
     case for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Ms. JACKSON-LEE of Texas:
       H.R. 5230. A bill to amend title 28, United States Code, to 
     grant to the House of Representatives the authority to bring 
     a civil action to enforce, secure a declaratory judgment 
     concerning the validity of, or prevent a threatened refusal 
     or failure to comply with any subpoena or order issued by the 
     House or any committee or subcommittee of the House to secure 
     the production of documents, the answering of any deposition 
     or interrogatory, or the securing of testimony, and for other 
     purposes; to the Committee on the Judiciary, and in addition 
     to the Committee on Rules, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. BRALEY of Iowa:
       H.R. 5231. A bill to amend the Internal Revenue Code of 
     1986 to extend the credit for electricity produced from 
     certain renewable resources; to the Committee on Ways and 
     Means.
           By Mr. BURGESS:
       H.R. 5232. A bill to provide that no Federal or State 
     requirement to increase energy efficient lighting in public 
     buildings shall require a hospital, school, day care center, 
     mental health facility, or nursing home to install or utilize 
     such energy efficient lighting if the lighting contains 
     mercury; to the Committee on Energy and Commerce, and in 
     addition to the Committee on Transportation and 
     Infrastructure, for a period to be subsequently determined by 
     the Speaker, in each case for consideration of such 
     provisions as fall within the jurisdiction of the committee 
     concerned.
           By Mrs. DRAKE:
       H.R. 5233. A bill to extend for two years the exemption of 
     returning workers from the numerical limitations for H-2B 
     temporary workers; to the Committee on the Judiciary.
           By Mr. FRELINGHUYSEN:
       H.R. 5234. A bill to amend title 18, United States Code, 
     and the Social Security Act to limit the misuse of Social 
     Security numbers, to establish criminal penalties for such 
     misuse, and for other purposes; to the Committee on the 
     Judiciary, and in addition to the Committee on Ways and 
     Means, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mr. GALLEGLY (for himself and Mr. Blunt):
       H.R. 5235. A bill to establish the Ronald Reagan Centennial 
     Commission; to the Committee on Oversight and Government 
     Reform.
           By Ms. HERSETH SANDLIN (for herself, Mr. Walden of 
             Oregon, Mr. DeFazio, Mr. Stupak, Mr. Ross, Mr. 
             Pickering, Mrs. Emerson, Mr. Goodlatte, Mr. Bonner, 
             and Mr. Peterson of Pennsylvania):
       H.R. 5236. A bill to promote the use of certain materials 
     harvested from public lands in the production of renewable 
     fuel, and for other purposes; to the Committee on Energy and 
     Commerce.
           By Mr. McDERMOTT (for himself and Ms. Granger):
       H.R. 5237. A bill to amend the U.S. Leadership Against HIV/
     AIDS, Tuberculosis, and Malaria Act of 2003; to the Committee 
     on Foreign Affairs.
           By Mr. PEARCE (for himself, Mr. Young of Alaska, Mr. 
             Bishop of Utah, Mrs. Cubin, Mr. Heller, Mrs. McMorris 
             Rodgers, Mr. Cannon, and Mr. Sali):
       H.R. 5238. A bill to repeal a requirement to reduce by 2 
     percent the amount payable to

[[Page 1521]]

     each State in fiscal year 2008; to the Committee on Natural 
     Resources.
           By Mr. PORTER (for himself and Ms. Schwartz):
       H.R. 5239. A bill to amend the Internal Revenue Code of 
     1986 to provide that the proceeds of qualified mortgage bonds 
     may be used to provide refinancing for subprime loans, to 
     provide a temporary increase in the volume cap for qualified 
     mortgage bonds used to provide that refinancing, and for 
     other purposes; to the Committee on Ways and Means.
           By Mr. UDALL of Colorado (for himself and Mr. Salazar):
       H.R. 5240. A bill to restore equitable sharing with 
     affected States of revenues from onshore Federal mineral 
     leases; to the Committee on Natural Resources.
           By Mr. UDALL of Colorado:
       H.R. 5241. A bill to amend the Healthy Forests Restoration 
     Act of 2003 to authorize the Secretary of Agriculture and the 
     Secretary of the Interior to take expedited action to reduce 
     the increased risk of severe wildfires to Colorado 
     communities, water supplies, and infrastructure in or near 
     forested areas most severely affected by infestations of bark 
     beetles and other insects, and for other purposes; to the 
     Committee on Agriculture, and in addition to the Committee on 
     Natural Resources, for a period to be subsequently determined 
     by the Speaker, in each case for consideration of such 
     provisions as fall within the jurisdiction of the committee 
     concerned.
           By Mr. YOUNG of Florida:
       H.R. 5242. A bill to amend the Internal Revenue Code of 
     1986 to make permanent the deduction of State and local 
     general sales taxes; to the Committee on Ways and Means.
           By Mr. GILCHREST (for himself, Mr. Cummings, Mr. Jones 
             of North Carolina, Mr. Meeks of New York, Mr. Johnson 
             of Illinois, Mr. Murtha, Mr. Reyes, and Ms. Kaptur):
       H. Con. Res. 288. Concurrent resolution expressing the need 
     for a more comprehensive diplomatic initiative led by the 
     United States, Republic of Iraq, and international community; 
     to the Committee on Foreign Affairs, and in addition to the 
     Committee on Armed Services, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mrs. JONES of Ohio (for herself, Mr. Tiberi, Mr. 
             Hinojosa, Mrs. Christensen, Mr. Payne, Ms. Watson, 
             Mr. Clay, Mr. Becerra, Mr. McNulty, Mr. Davis of 
             Illinois, Mr. Meek of Florida, Ms. Sutton, Ms. Moore 
             of Wisconsin, Ms. Corrine Brown of Florida, Mr. 
             Bishop of Georgia, Mr. English of Pennsylvania, Mr. 
             Thompson of Mississippi, Ms. Norton, Mr. Emanuel, and 
             Ms. Clarke):
       H. Res. 957. A resolution expressing support for the second 
     annual America Saves Week 2008 from February 24, 2008 through 
     March 2, 2008; to the Committee on Financial Services.
           By Mr. KLINE of Minnesota (for himself, Mr. Boehner, 
             Mr. Putnam, Mr. Cannon, Mr. Cantor, Mr. Keller, Mr. 
             Miller of Florida, Mr. Sessions, Mr. Wilson of South 
             Carolina, Mr. Carter, Mr. Issa, Mrs. Blackburn, Mr. 
             Burton of Indiana, Mr. Sam Johnson of Texas, Mr. 
             Bishop of Utah, Mr. Gohmert, Mr. LoBiondo, Mr. 
             Hensarling, Mr. Bilbray, Mr. King of Iowa, Mrs. Bono 
             Mack, Mr. Feeney, Mr. Fossella, Mr. Forbes, Mr. 
             Conaway, Mr. Sali, Mr. Bartlett of Maryland, and Mr. 
             Wolf):
       H. Res. 958. A resolution reaffirming the commitment of the 
     House of Representatives to the patriotic and professional 
     men and women serving in the United States Marine Corps in 
     defense of the United States; to the Committee on Armed 
     Services.
           By Mrs. MUSGRAVE (for herself and Mr. Murtha):
       H. Res. 959. A resolution supporting the Adopt-a-Platoon 
     program, which encourages support to deployed soldiers 
     through letters, care packages, pen pal campaigns, and 
     monetary donations; to the Committee on Armed Services.
           By Mr. ROTHMAN (for himself, Mr. Holt, Mr. Engel, Mr. 
             McHugh, Mr. Serrano, Mr. Schiff, Mr. Meeks of New 
             York, Mrs. Maloney of New York, Mr. Hall of New York, 
             Mr. Crowley, Mr. Fossella, Mr. Cohen, Ms. Clarke, Ms. 
             Wasserman Schultz, Mr. Shays, Mrs. McCarthy of New 
             York, Mr. Pascrell, Mr. Sires, Mr. Weiner, and Mr. 
             Pallone):
       H. Res. 960. A resolution congratulating the National 
     Football League champion New York Giants for winning Super 
     Bowl XLII and completing one of the most remarkable 
     postseason runs in professional sports history; to the 
     Committee on Oversight and Government Reform.
           By Mr. YOUNG of Alaska (for himself, Mr. Brady of 
             Pennsylvania, Mr. Walz of Minnesota, Mr. Ortiz, Mrs. 
             Christensen, Ms. Bordallo, Mr. Abercrombie, Mr. 
             Pearce, Mr. Lewis of Georgia, Mr. Fortuno, Mr. Terry, 
             Mr. Wamp, Mr. Bishop of Utah, Mr. Courtney, Mr. 
             Shuster, Mr. Pitts, Mr. Forbes, Mr. Putnam, Mr. Lewis 
             of California, Mr. Taylor, Mr. Saxton, Mr. Hall of 
             Texas, Mr. Hayes, Mr. Duncan, Mr. McCarthy of 
             California, Mr. Sali, Mr. Udall of Colorado, Mr. 
             Conaway, Mr. Kline of Minnesota, Mr. Patrick Murphy 
             of Pennsylvania, Mr. Payne, Mr. Snyder, Mr. Jones of 
             North Carolina, Mr. Kuhl of New York, Mrs. McMorris 
             Rodgers, and Mr. McCotter):
       H. Res. 961. A resolution commending the Alaska Army 
     National Guard for its service to the State of Alaska and the 
     citizens of the United States; to the Committee on Armed 
     Services.
           By Ms. WATERS:
       H. Res. 962. A resolution congratulating the city of 
     Inglewood, California on its 100th anniversary and commending 
     the city for its growth and resilience; to the Committee on 
     Oversight and Government Reform.

                          ____________________




                     PRIVATE BILLS AND RESOLUTIONS

  Under clause 3 of rule XII,

       Mr. REYES introduced a bill (H.R. 5243) for the relief of 
     Kumi Iizuka-Barcena; which was referred to the Committee on 
     the Judiciary.

                          ____________________




                          ADDITIONAL SPONSORS

  Under clause 7 of rule XII, sponsors were added to public bills and 
resolutions as follows:

       H.R. 25: Mr. Broun of Georgia.
       H.R. 37: Mr. Kline of Minnesota.
       H.R. 96: Mr. Andrews.
       H.R. 154: Mr. Lampson.
       H.R. 241: Mrs. Emerson.
       H.R. 248: Mr. Moran of Kansas and Mrs. Boyda of Kansas.
       H.R. 321: Mr. McCotter.
       H.R. 333: Mr. McIntyre.
       H.R. 369: Ms. Matsui.
       H.R. 402: Mr. McIntyre.
       H.R. 406: Mr. Cleaver and Ms. Harman.
       H.R. 549: Mr. McDermott.
       H.R. 581: Mr. Price of Georgia.
       H.R. 618: Mr. Rogers of Michigan.
       H.R. 621: Mr. McKeon.
       H.R. 643: Mr. Space.
       H.R. 661: Mr. Sires.
       H.R. 677: Mr. Welch of Vermont.
       H.R. 685: Mr. Baca and Mr. Shays.
       H.R. 706: Ms. Eshoo, Mr. Sherman, Mr. Cardoza, Ms. Linda T. 
     Sanchez of California, Mr. Honda, Mr. Thompson of California, 
     Mr. Cooper, Mr. Wu, Ms. Jackson-Lee of Texas, and Mr. 
     Cummings.
       H.R. 715: Ms. Jackson-Lee of Texas.
       H.R. 748: Mr. Jones of North Carolina and Mr. Markey.
       H.R. 758: Mrs. Myrick.
       H.R. 768: Mr. Smith of Texas.
       H.R. 861: Mr. Neugebauer and Mr. Jones of North Carolina.
       H.R. 913: Mr. Whitfield of Kentucky.
       H.R. 983: Mr. Ross.
       H.R. 992: Mr. Sires, Ms. Eshoo, and Mr. Lincoln Davis of 
     Tennessee.
       H.R. 997: Mr. Peterson of Minnesota.
       H.R. 1017: Mr. Allen and Mr. Kildee.
       H.R. 1023: Mr. Tim Murphy of Pennsylvania, Mr. Gilchrest, 
     and Mr. Kagen.
       H.R. 1029: Mr. Murphy of Connecticut.
       H.R. 1032: Mr. Al Green of Texas.
       H.R. 1070: Mr. Conyers.
       H.R. 1078: Mr. Farr and Mr. Wamp.
       H.R. 1093: Ms. Herseth Sandlin and Mr. Pomeroy.
       H.R. 1110: Mr. Wilson of South Carolina and Ms. Richardson.
       H.R. 1172: Mr. Cardoza.
       H.R. 1192: Ms. Solis and Mr. Serrano.
       H.R. 1225: Mr. Miller of North Carolina.
       H.R. 1229: Mr. Walsh of New York.
       H.R. 1261: Mr. Camp of Michigan.
       H.R. 1279: Mr. Al Green of Texas.
       H.R. 1293: Mr. Sestak.
       H.R. 1386: Mr. Conyers, Mr. Dingell, and Ms. Slaughter.
       H.R. 1418: Mr. Rothman.
       H.R. 1420: Mr. Inslee and Mr. Patrick Murphy of 
     Pennsylvania.
       H.R. 1439: Mr. Yarmuth.
       H.R. 1481: Mr. Gingrey.
       H.R. 1507: Mr. Tierney.
       H.R. 1527: Mr. Camp of Michigan.
       H.R. 1553: Ms. Wasserman Schultz, Mrs. Emerson, and Mr. 
     Buchanan.
       H.R. 1560: Mr. LaTourette.
       H.R. 1589: Mr. Kildee and Mr. Conaway.
       H.R. 1619: Mr. Boucher.
       H.R. 1650: Ms. Herseth Sandlin.
       H.R. 1665: Mr. Cohen, Mr. Welch of Vermont, and Mr. Walz of 
     Minnesota.
       H.R. 1731: Mr. Stark.
       H.R. 1750: Mr. Wexler.
       H.R. 1783: Ms. Loretta Sanchez of California.
       H.R. 1820: Mr. Larson of Connecticut.
       H.R. 1823: Mr. Klein of Florida, Mr. Sestak, and Ms. 
     Berkley.
       H.R. 1846: Mr. Meek of Florida.
       H.R. 1927: Mr. Sestak.
       H.R. 1937: Ms. Fallin and Mr. Lucas.
       H.R. 1975: Mrs. Tauscher, Mr. Cooper, and Mr. Doggett.
       H.R. 2021: Mr. Scott of Virginia, Ms. Roybal-Allard, Mr. 
     Bishop of New York, Ms.

[[Page 1522]]

     DeGette, Mr. Tierney, Mr. Scott of Georgia, Mr. Ackerman, Ms. 
     Moore of Wisconsin, Mr. Gutierrez, Mr. Ortiz, Mr. Filner, Ms. 
     Berkley, Mr. Sestak, Mr. Farr, Mrs. Boyda of Kansas, Mr. 
     Lampson, Mrs. Lowey, Mr. Higgins, Mr. Meek of Florida, and 
     Mr. Reyes.
       H.R. 2032: Mr. Duncan.
       H.R. 2040: Ms. Watson, Mr. Moore of Kansas, and Mr. 
     Conyers.
       H.R. 2053: Mr. Rogers of Michigan, Mr. Souder, Mr. Kagen, 
     Mr. Klein of Florida, Mr. Davis of Alabama, and Mr. Cramer.
       H.R. 2067: Mr. McCotter.
       H.R. 2131: Mr. Buchanan and Mr. Gene Green of Texas.
       H.R. 2164: Mr. Porter.
       H.R. 2188: Mr. Pastor.
       H.R. 2189: Ms. Norton, Mr. Hinchey, Mr. Miller of North 
     Carolina, and Mr. Lewis of Georgia.
       H.R. 2231: Mr. Sestak, Mr. Ross, and Mr. Pastor.
       H.R. 2312: Mr. Bachus.
       H.R. 2353: Mr. Capuano.
       H.R. 2384: Mr. Ross.
       H.R. 2452: Mr. Murphy of Connecticut, Mr. Wexler, and Mr. 
     Hinojosa.
       H.R. 2469: Mr. English of Pennsylvania.
       H.R. 2470: Ms. Ginny Brown-Waite of Florida.
       H.R. 2526: Mr. Hinchey.
       H.R. 2564: Ms. Fallin, Mr. Lamborn, Mr. Goodlatte, and Mr. 
     Young of Florida.
       H.R. 2578: Mr. Smith of Washington.
       H.R. 2604: Mr. Moore of Kansas.
       H.R. 2620: Mr. Ellison.
       H.R. 2634: Ms. Clarke and Mr. Sarbanes.
       H.R. 2694: Ms. Clarke.
       H.R. 2702: Mr. Delahunt.
       H.R. 2712: Mr. Stearns.
       H.R. 2744: Ms. Giffords, Mr. Mario Diaz-Balart of Florida, 
     Ms. Ginny Brown-Waite of Florida, Mrs. Gillibrand, Mr. 
     Johnson of Illinois, Mr. Sestak, Mr. Lynch, Mr. Gonzalez, and 
     Mr. Etheridge.
       H.R. 2805: Mr. Pomeroy, Mr. Farr, and Mr. Oberstar.
       H.R. 2820: Mr. Payne, and Ms. Jackson-Lee of Texas.
       H.R. 2859: Mr. Crowley.
       H.R. 2866: Mrs. Schmidt.
       H.R. 2885: Mr. Roskam and Mr. Barrett of South Carolina.
       H.R. 2915: Mr. Berman, and Ms. Eshoo.
       H.R. 3010: Mr. English of Pennsylvania and Mr. Courtney.
       H.R. 3054: Mr. Wynn.
       H.R. 3080: Mr. Cummings, Mr. Chabot, and Mr. McIntyre.
       H.R. 3132: Ms. DeLauro.
       H.R. 3223: Mr. Moran of Virginia.
       H.R. 3257: Mr. Meeks of New York, Ms. Slaughter, and Ms. 
     Hooley.
       H.R. 3298: Mr. Hill.
       H.R. 3327: Mr. Brown of South Carolina.
       H.R. 3329: Mr. Udall of New Mexico and Mr. Baca.
       H.R. 3345: Mr. Scott of Virginia.
       H.R. 3347: Ms. Schakowsky and Mr. Johnson of Georgia.
       H.R. 3357: Mr. Waxman.
       H.R. 3378: Mr. Johnson of Georgia.
       H.R. 3404: Mr. Rothman.
       H.R. 3423: Mr. Towns and Mr. Hinchey.
       H.R. 3430: Mr. Johnson of Georgia and Mr. Miller of North 
     Carolina.
       H.R. 3438: Mr. Sires.
       H.R. 3439: Mr. Hinchey, Ms. DeLauro, Mr. Hare, Mr. 
     Etheridge, and Mr. Meeks of New York.
       H.R. 3452: Mr. Wynn.
       H.R. 3457: Ms. Richardson.
       H.R. 3464: Mr. Wynn.
       H.R. 3466: Mr. Wilson of Ohio.
       H.R. 3498: Mr. Space.
       H.R. 3543: Mr. Scott of Virginia and Ms. McCollum of 
     Minnesota.
       H.R. 3546: Mr. Ross and Mr. Terry.
       H.R. 3548: Mr. Lewis of Georgia.
       H.R. 3645: Mr. Ryan of Ohio.
       H.R. 3652: Mr. George Miller of California, Ms. Moore of 
     Wisconsin, Mr. McDermott, Mr. Thompson of Mississippi, Mr. 
     Dingell, Ms. Lee, and Mr. Cleaver.
       H.R. 3660: Mr. Graves and Mr. Michaud.
       H.R. 3681: Mr. Boucher.
       H.R. 3691: Mr. Thompson of California.
       H.R. 3711: Ms. Herseth Sandlin.
       H.R. 3724: Ms. Jackson-Lee of Texas.
       H.R. 3748: Mrs. Boyda of Kansas and Mr. Meeks of New York.
       H.R. 3753: Mr. McDermott.
       H.R. 3774: Mr. Johnson of Georgia.
       H.R. 3797: Mr. Shays.
       H.R. 3819: Mr. Moran of Kansas, Ms. Jackson-Lee of Texas, 
     Mr. Pearce, Mr. Goode, Mrs. Gillibrand, and Mr. Smith of 
     Washington.
       H.R. 3829: Mr. Berman.
       H.R. 3846: Mrs. Jones of Ohio.
       H.R. 3852: Mr. Gordon.
       H.R. 3876: Ms. Zoe Lofgren of California.
       H.R. 3896: Mr. McGovern, Ms. Sutton, Ms. Matsui, and Mr. 
     Ryan of Ohio.
       H.R. 3905: Mr. Towns and Mr. Honda.
       H.R. 3934: Mr. Ross, Mr. Westmoreland, Mr. Lynch, and Mr. 
     McIntyre.
       H.R. 3938: Mr. Gonzalez, Mr. Brady of Pennsylvania, and Mr. 
     Wynn.
       H.R. 4001: Mr. Etheridge.
       H.R. 4048: Mr. Honda.
       H.R. 4054: Ms. Shea-Porter.
       H.R. 4063: Mr. Meeks of New York.
       H.R. 4102: Mr. Frank of Massachusetts, Mr. McDermott, and 
     Mr. Pastor.
       H.R. 4105: Mr. Ehlers and Mr. Costello.
       H.R. 4107: Mr. Hinchey and Ms. Hirono.
       H.R. 4116: Mr. Boozman, Mr. Rush, Mr. Keller, Mr. Marchant, 
     and Mr. Marshall.
       H.R. 4130: Mr. Platts.
       H.R. 4139: Mr. Chandler.
       H.R. 4149: Ms. Herseth Sandlin, Mr. Cardoza, and Mr. 
     Ellison.
       H.R. 4202: Mr. Gutierrez.
       H.R. 4205: Mrs. Capps.
       H.R. 4206: Mr. Udall of New Mexico.
       H.R. 4207: Mr. Pastor.
       H.R. 4221: Ms. Schakowsky.
       H.R. 4251: Mr. Pastor and Mr. Grijalva.
       H.R. 4264: Mr. Hastings of Florida.
       H.R. 4266: Mr. Cleaver.
       H.R. 4279: Mr. Watt.
       H.R. 4280: Mrs. Bono Mack.
       H.R. 4296: Mr. Payne, Mr. Tim Murphy of Pennsylvania, Mr. 
     Butterfield, and Mr. Blumenauer.
       H.R. 4308: Mr. Boucher.
       H.R. 4318: Mr. McDermott and Mr. McIntyre.
       H.R. 4335: Mr. Blumenauer.
       H.R. 4336: Mr. Brady of Pennsylvania, Mr. Chandler, Mr. 
     Gonzalez, and Mr. Conyers.
       H.R. 4449: Mr. Ehlers, Ms. Baldwin, Mr. Matheson, Ms. 
     Corrine Brown of Florida, Mr. Brady of Pennsylvania, Mr. 
     Hinojosa, Mr. Markey, and Mr. Tierney.
       H.R. 4611: Ms. Schakowsky and Mr. McDermott.
       H.R. 4831: Mr. Hayes.
       H.R. 4838: Ms. Slaughter, Mr. Olver, and Mr. Udall of 
     Colorado.
       H.R. 4848: Mr. Andrews, Mr. Dingell, Mr. Rangel, Mr. George 
     Miller of California, and Mr. Emanuel.
       H.R. 4882: Ms. Schakowsky.
       H.R. 4900: Mr. Jones of North Carolina, Mr. McCotter, Mr. 
     Cannon, Mr. Chabot, Mr. Franks of Arizona, Mrs. Schmidt, and 
     Mr. Coble.
       H. R. 4915: Mr. Burgess.
       H.R. 4926: Mr. Chandler, Mr. Grijalva, Mr. Sires, Mr. Meeks 
     of New York, Ms. Solis, Mr. Ross, Mr. Wynn, and Ms. Watson.
       H.R. 4930: Mr. Hall of New York, Mr. McCotter, Mrs. 
     Gillibrand, Mr. Graves, Mr. Oberstar, Mr. Smith of New 
     Jersey, Mr. Inglis of South Carolina, and Mr. Smith of 
     Washington.
       H.R. 4934: Ms. Woolsey, Mr. Holt, Ms. Lee, Ms. Solis, Mr. 
     Boswell, Mr. Watt, Mr. Kagen, Mr. Bishop of New York, Mr. 
     Courtney, Ms. DeLauro, Mr. Ryan of Ohio, Mr. Cummings, Mr. 
     Kucinich, Mr. Honda, Mr. Johnson of Georgia, Mr. Conyers, and 
     Mr. Towns.
       H.R. 4936: Mr. Towns and Mr. Conyers.
       H.R. 4959: Mr. Fattah, Ms. Woolsey, Mr. Welch of Vermont, 
     Ms. Zoe Lofgren of California, Ms. Norton, Mr. Olver, Mr. 
     Brady of Pennsylvania, Mrs. Maloney of New York, Mr. Frank of 
     Massachusetts, Mr. Hastings of Florida, Ms. Slaughter, Ms. 
     Linda T. Sanchez of California, Mr. Payne, Mr. Rothman, Mr. 
     Murphy of Connecticut, and Mr. Conyers.
       H.R. 4995: Mr. Shuster, Mr. Manzullo, and Mr. Putnam.
       H.R. 5036: Ms. Clarke, Mr. Pastor, Mr. Chandler, Mr. 
     Becerra, Mr. Cohen, Mr. Kildee, Mr. Patrick Murphy of 
     Pennsylvania, Mr. Barrow, and Ms. Linda T. Sanchez of 
     California.
       H.R. 5038: Mr. Wexler, Mr. Scott of Virginia, and Mr. 
     McDermott.
       H.R. 5056: Mr. McDermott.
       H.R. 5057: Mr. Davis of Illinois, Mr. Sensenbrenner, Mr. 
     Scott of Virginia, Mr. Goodlatte, Mr. Kennedy, Mr. Wexler, 
     Mr. Towns, Mr. Farr, Ms. Hirono, Mr. Gutierrez, Mr. Ellison, 
     and Mr. Meeks of New York.
       H.R. 5058: Mr. Hall of New York, Mr. Moore of Kansas, Mr. 
     Clay, Mr. Frank of Massachusetts, Mr. Waxman, Mr. Lewis of 
     Georgia, Mr. Honda, Ms. McCollum of Minnesota, Ms. 
     Richardson, Mr. Doggett, Ms. Clarke, Ms. Kilpatrick, and Mr. 
     Mitchell.
       H.R. 5060: Mr. Meeks of New York.
       H.R. 5087: Mr. Sestak, Mr. Altmire, Mr. Marshall, and Mr. 
     Walz of Minnesota.
       H.R. 5107: Mr. Hodes, Mr. Space, Mr. Yarmuth, Ms. Giffords, 
     and Mrs. Gillibrand.
       H.R. 5109: Mr. Westmoreland and Mr. Forbes.
       H.R. 5110: Mrs. Boyda of Kansas, Mr. Grijalva, Mr. Farr, 
     and Mr. Wilson of Ohio.
       H.R. 5128: Mr. Lewis of Georgia, Mr. Abercrombie, Mr. Brady 
     of Pennsylvania, Mr. Holt, Mr. Farr, Mr. Filner, and Mr. 
     Conyers.
       H.R. 5130: Mr. Jefferson and Ms. Moore of Wisconsin.
       H.R. 5148: Mr. Sessions, Mr. Fossella, Mr. Brady of 
     Pennsylvania, Mr. Burton of Indiana, Mr. Young of Alaska, Mr. 
     Carter, Mr. Goode, Mr. Gordon, Mr. Pearce, Mr. Rohrabacher, 
     Mr. Rogers of Michigan, Mr. Kuhl of New York, Mrs. 
     Christensen, and Mr. Paul.
       H.R. 5161: Mr. Chandler and Ms. Hooley.
       H.R. 5167: Mr. Hinchey.
       H.R. 5172: Mr. Kuhl of New York, Mr. Young of Alaska, Mr. 
     McNerney, Mr. Walz of Minnesota, Mrs. Gillibrand, Mr. Mahoney 
     of Florida, Mr. Patrick Murphy of Pennsylvania, Mr. Hodes, 
     and Mr. Courtney.
       H.R. 5178: Ms. Eddie Bernice Johnson of Texas, Ms. 
     Bordallo, Mr. Cummings, Mr. Ellison, and Ms. Linda T. Sanchez 
     of California.

[[Page 1523]]


       H.R. 5179: Mr. Cummings, Mr. Jefferson, and Mr. Honda.
       H.R. 5181: Mr. Cummings.
       H.J. Res. 70: Mr. Sali.
       H.J. Res. 76: Mr. Tim Murphy of Pennsylvania.
       H. Con. Res. 137: Mr. Lucas.
       H. Con. Res. 163: Mr. Porter, Mr. Payne, Mr. Bishop of 
     Georgia, Mr. Lewis of Georgia, Ms. Fallin, Ms. Berkley, Mr. 
     Allen, and Mr. Kennedy.
       H. Con. Res. 244: Mr. Lucas, Mr. Gerlach, Mr. Matheson, Mr. 
     McCotter, Mr. Nunes, and Mr. Rangel.
       H. Con. Res. 253: Ms. Eddie Bernice Johnson of Texas.
       H. Con. Res. 263: Mr. Dreier, Mr. Rogers of Michigan, Mr. 
     Manzullo, Mr. Sam Johnson of Texas, Mr. Ferguson, Mr. Shays, 
     and Mr. Hall of Texas.
       H. Con. Res. 276: Mr. Bishop of New York and Mr. English of 
     Pennsylvania.
       H. Con. Res. 280: Mrs. Capps, Mr. Cohen, Mr. Baca, and Ms. 
     Castor.
       H. Con. Res. 283: Mr. Smith of New Jersey, Mr. Butterfield, 
     Ms. Eddie Bernice Johnson of Texas, Mr. Cummings, Mr. Towns, 
     Mr. Rangel, Ms. Corrine Brown of Florida, Mr. Bishop of 
     Georgia, Mr. Jefferson, Mr. Costa, Mrs. Christensen, Mr. 
     Ellison, Ms. Clarke, Mr. Watt, Mr. Crowley, Mr. Rush, Mr. 
     Wynn, Mr. Lewis of Georgia, Mr. Shays, Ms. Lee, Mr. Wolf, Mr. 
     Johnson of Georgia, Ms. Woolsey, Mr. Lantos, Ms. Jackson-Lee 
     of Texas, Mr. Davis of Illinois, Mr. Fattah, Mr. Al Green of 
     Texas, and Ms. Waters.
       H. Con. Res. 285: Ms. Linda T. Sanchez of California.
       H. Con. Res. 286: Mr. Bishop of Georgia, Ms. Lee, Mr. 
     Fattah, Mr. Cohen, Mr. Rangel, and Mr. Wynn.
       H. Con. Res. 287: Mr. Rohrabacher and Ms. Giffords.
       H. Res. 49: Mr. Marchant, Mr. Crenshaw, Mr. Fossella, Mr. 
     Towns, Mr. Doyle, and Mr. Wilson of Ohio.
       H. Res. 76: Ms. Schakowsky and Mr. Conyers.
       H. Res. 102: Mr. Peterson of Minnesota.
       H. Res. 146: Ms. Sutton, Mr. McDermott, and Mr. Murphy of 
     Connecticut.
       H. Res. 185: Mr. Fortuno and Mr. Towns.
       H. Res. 212: Mr. Shays.
       H. Res. 339: Mr. Marchant, Mr. Payne, Mr. Hill, and Mr. 
     DeFazio.
       H. Res. 783: Mr. Ellsworth.
       H. Res. 848: Mr. Boozman.
       H. Res. 854: Mr. Fortuno and Mr. McCotter.
       H. Res. 892: Mr. Davis of Kentucky.
       H. Res. 896: Mr. Towns.
       H. Res. 907: Mr. Bartlett of Maryland and Mr. Rohrabacher.
       H. Res. 909: Ms. Lee and Mr. McCotter.
       H. Res. 929: Mr. Jones of North Carolina.
       H. Res. 930: Mr. Wilson of Ohio and Mr. Langevin.
       H. Res. 931: Mr. McHugh, Mr. Souder, and Mr. Lamborn.
       H. Res. 934: Mr. Sessions, Mr. Paul, Mr. Carter, Mr. 
     Conaway, Mr. Ortiz, Mr. Brady of Texas, Mr. Edwards, Mr. 
     Smith of Texas, Mr. Marchant, Mr. Hinojosa, Mr. Hall of 
     Texas, Mr. Al Green of Texas, Mr. Culberson, and Mr. Lampson.
       H. Res. 939: Mr. Gonzalez.
       H. Res. 942: Mr. Donnelly, Ms. Linda T. Sanchez of 
     California, and Mr. Baca.
       H. Res. 943: Mr. Rohrabacher, Mr. Hare, Mr. Calvert, Mr. 
     Culberson, Mr. Weldon of Florida, and Ms. Giffords.
       H. Res. 946: Mr. McHugh.
       H. Res. 947: Mr. King of New York, Mr. Schiff, Mr. Towns, 
     Mr. Crowley, Mr. Sessions, Ms. Bordallo, Mr. Kirk, and Mr. 
     Sires.
       H. Res. 951: Mr. Alexander, Mrs. Blackburn, Mr. Broun of 
     Georgia, Mr. Burton of Indiana, Mr. Cantor, Mr. Crowley, Mr. 
     Culberson, Ms. Fallin, Mr. Feeney, Mr. Fortuno, Ms. Foxx, Mr. 
     Gingrey, Mr. Gohmert, Mr. Goodlatte, Mr. Hastings of Florida, 
     Mr. Hoekstra, Mr. Kirk, Mr. Knollenberg, Mr. Kuhl of New 
     York, Mr. Lamborn, Mr. LoBiondo, Mr. Mack, Mr. McHenry, Mr. 
     Pence, Mr. Poe, Mr. Porter, Mr. Price of Georgia, Mrs. 
     McMorris Rodgers, Mr. Sessions, Mr. Shuster, Mr. Tancredo, 
     Mr. Tiberi, Mr. Walberg, Mr. Moore of Kansas, Mr. Shays, Mr. 
     Wynn, Mr. Weller, and Mr. Shadegg.
       H. Res. 953: Mr. Fortuno, Mr. Bishop of Georgia, Mr. 
     Burgess, Mr. Graves, Mr. Wilson of South Carolina, Mr. 
     Culberson, Mr. Gordon, Mr. Aderholt, Mr. Gonzalez, Mr. Brady 
     of Pennsylvania, Mr. Space, Mr. Rogers of Michigan, Mr. 
     Gingrey, Mr. Carney, Mr. English of Pennsylvania, Mr. 
     Radanovich, and Mr. Pickering.
       H. Res. 954: Mr. Sensenbrenner, Mr. Gohmert, Mr. Mitchell, 
     Mr. Hare, Mr. Broun of Georgia, Mr. McCaul of Texas, and Mr. 
     Shays.

                          ____________________




    CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, OR LIMITED TARIFF 
                                BENEFITS

  Under clause 9 of rule XXI, lists or statements on congressional 
earmarks, limited tax benefits, or limited tariff benefits were 
submitted as follows:

       The amendment to be offered by Representative George Miller 
     of California or a designee, to H.R. 4137, the College 
     Opportunity and Affordability Act, does not contain any 
     congressional earmarks, limited tax benefits, or limited 
     tariff benefits as defined in clause 9(d), 9(e), or 9(f) of 
     rule XXI.
     
     


[[Page 1524]]

                          EXTENSIONS OF REMARKS

                          ____________________


                          PERSONAL EXPLANATION

                                 ______
                                 

                            HON. TOM FEENEY

                               of florida

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. FEENEY. Madam Speaker, I regret that on January 29, 2008, due to 
the Florida primary I was unable to be in Washington for votes.

                          ____________________




                         HONORING EARL WILLIAMS

                                 ______
                                 

                            HON. BARBARA LEE

                             of california

                    in the house of representatives

                      Wednesday, February 6, 2008

  Ms. LEE. Madam Speaker, I rise today to honor the brilliant life of 
Mr. Earl Williams. Earl was a caring friend, family member, and leader 
in the community. He will be greatly missed, but the positive impact he 
has left will remain in the hearts of all who had the honor of knowing 
him.
  It is with a deep sense of sadness that I rise today to deliver 
condolences to the family and friends of a great man, a brilliant human 
being and a true servant of God. However, it is also with a deep sense 
of gratitude to Earl's family and friends for sharing this loyal, 
patriotic, and compassionate man with us that I rise to celebrate his 
life and honor his legacy.
  As a person committed to those who are most vulnerable and most in 
need in our world, Earl was committed to creating safe havens for 
individuals who needed the love and kindness of their neighbors to see 
them through difficult times. He worked tirelessly as an administrator 
and part owner of Garden Plaza Convalescent Home in Los Angeles, CA. 
Earl was also the founder of Liberty Child Care Center in Chicago.
  His wide reach--involved in communities as different as Chicago and 
Los Angeles--and his limitless compassion drove his intentions to 
service humankind, and to do the Lord's work on this earth.
  Earl was a true patriot, serving his country as an outstanding and 
dedicated member of the United States Army. He and his family were 
proud of his service, and our country owes him a debt of gratitude for 
his commitment to his country.
  As a devoted family man, Earl always demonstrated his unwavering and 
unconditional love, loyalty, and devotion to each and every member of 
his family. He was a true role model to those whose lives he touched in 
so many ways.
  Today, I join with Earl's family and friends in bidding him farewell. 
I salute Earl Williams for a life well lived. Let us keep his legacy 
alive by recommitting our lives to his work and to his values to make 
this a better world. May his beautiful spirit continue to live and 
guide our lives, helping us to be true to our family, our friends, our 
community, our country, and most importantly, to our God.
  Today, California's Ninth Congressional District joins with the 
communities of Los Angeles, CA, Chicago, IL, and all the places where 
Earl William's love touched the lives of those who knew him, to salute 
and honor a great human being. We extend our deepest condolences to 
Earl's family. Thank you for sharing his great spirit with so many. May 
his soul rest in peace.

                          ____________________




        RECOGNIZING MELISSA BOOSMAN FOR ACHIEVING THE GOLD AWARD

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Melissa 
Boosman, a very special young woman who has exemplified the finest 
qualities of citizenship and leadership by taking an active part in the 
Girl Scouts of America, Troop 1262, and by earning the most prestigious 
Gold Award.
  Less than 1 percent of all Girl Scouts in the United States earn this 
prestigious award, the highest award in Girl Scouting. It symbolizes 
outstanding accomplishments in the areas of leadership, community 
service, career planning and personal development.
  Melissa has been very active with her troop, participating in many 
Scout activities. Over the many years Melissa has been involved with 
Scouting, she has not only earned numerous merit badges, but the 
respect of her family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Melissa 
Boosman for her accomplishments with the Girl Scouts of America and for 
her efforts put forth in achieving the highest distinction in Girl 
Scouting, the Gold Award.

                          ____________________




             TRIBUTE TO CLARENCE CENTER VOLUNTEER FIRE CO.

                                 ______
                                 

                        HON. THOMAS M. REYNOLDS

                              of new york

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. REYNOLDS. Madam Speaker, it is with great pride that I rise today 
to commemorate the 100th anniversary of the Clarence Center Volunteer 
Fire Company of Clarence, New York. For a century the members of the 
Clarence Hose Company have been volunteering to protect their 
neighbors.
  The Clarence Center Volunteer Fire Company became the first fire 
company in the town of Clarence in 1908. The company began as a stock 
company and was able to purchase a hand drawn hose cart and chemical 
fire extinguishers. Land for a fire hall was donated to the fire 
company by a local businessman, and fundraising for the construction 
began in July 1908 with the first firemen's picnic in Clarence. With 
the help of a local farmer, Wesley Williams, the company raised enough 
money to construct Williams Hall.
  The year 1922 marked a milestone for the Clarence Center Volunteer 
Fire Company. In February of this year the company was able to purchase 
its first fire truck. The acquisition of this truck was important to 
the protection that the fire company offered the people in Clarence. 
Additionally, the first annual Labor Day picnic was held in 1922. This 
is a time-honored event in the town of Clarence; not only is it a way 
for the fire company to raise funds for improvements to the equipment 
used to serve the people of Clarence, but it is an event that families 
throughout the town look forward to every year.
  Since its beginnings the Clarence Volunteer Fire Company has become 
an indispensable part of the town. The company remains committed to 
providing fire, rescue, and EMS services to the citizens that reside 
within the district boundaries. They've continued to meet the needs of 
the rapidly growing population of Clarence Center. As we reach the 
100th anniversary of this fire company the volunteers continue to 
dedicate themselves to serve and assist the members of their community.
  Thus Madam Speaker, in recognition of its 100th anniversary of 
tremendous service in the town of Clarence, I ask this Honorable Body 
join me in honoring the Clarence Center Volunteer Fire Company.

                          ____________________




   HONORING DR. RICHARD WITKOWSKI, SUPERINTENDENT OF THE GARDEN CITY 
                             PUBLIC SCHOOLS

                                 ______
                                 

                       HON. THADDEUS G. McCOTTER

                              of michigan

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. McCOTTER. Madam Speaker, today I rise to honor and acknowledge 
Dr. Richard Witkowski, Superintendent of the Garden City Public 
Schools, upon his retirement from a distinguished 41-year career in 
education.
  For just over four decades, Superintendent Witkowski has served the 
citizens of Wayne County. Richard began his 39-year tenure with the 
Garden City Public Schools in 1969 after 2 years with the Gibraltar 
schools. Throughout his distinguished career with the Garden City 
Public Schools, Richard served as both an educator and administrator. 
Mr. Witkowski began as a mathematics and science teacher at Garden City 
East High School in 1969 before

[[Page 1525]]

moving across town and becoming Assistant Principal at Garden City West 
High School in 1971. Mr. Witkowski discovered an innate talent for 
administration, being promoted to director in the central office in 
1974, business manager for the district in 1985, associate 
superintendent, and superintendent in 2001.
  Superintendent Witkowski will be best remembered for his dedication, 
both to his job and community. Shortly after his promotion to 
superintendent, Richard was tested with several crises, including the 
September 11, 2001 terrorist attacks and a bacterial meningitis 
outbreak at the high school, which resulted in a first-ever schoolwide 
inoculation of the students. He also oversaw the rebuilding of the 
district's five elementary schools, assisting school staff in directing 
students to buses, which would take students to their temporary 
classrooms. Witkowski remains active in the community as a member of 
the Garden City Rotary and the Garden City Chamber of Commerce. Richard 
has served as president of both organizations and currently serves as 
treasurer of the Rotary. Superintendent Witkowski will also continue 
his commitment to education and connection with students through the 
class he teaches at Madonna University in Livonia.
  Madam Speaker, for 41 years Superintendent Richard Witkowski has 
faithfully served Michigan citizens of all ages. As he enters the next 
phase of his life, he leaves behind a legacy of dedication, integrity, 
and excellence. Today, I ask my colleagues to join me in congratulating 
Superintendent Richard Witkowski upon his retirement and recognizing 
his years of loyal service to our community's and country's future.

                          ____________________




                    HONORING MR. WILLIAM T. LICHTER

                                 ______
                                 

                          HON. PETER J. ROSKAM

                              of illinois

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. ROSKAM. Madam Speaker, I rise today to honor William Lichter for 
his 29 years of devoted service to the Village of Lombard, Illinois.
  In early life, Bill served as Assistant City Manager for Mentor, Ohio 
and Administrative Assistant in Grand Rapids, Michigan. He earned a 
bachelor's degree from the University of Vermont. He then earned a 
Master's degree in Political Administration from American University 
and is also currently a Ph.D. candidate at Northern Illinois 
University.
  Bill Lichter began his service to the Village of Lombard on January 
7, 1985, when he became its ninth Village Manager. Since that day, he 
has served with vision and fortitude for over 22 years.
  Through the years, Bill has been an insightful observer, keen in his 
understanding of the long-term challenges facing the Village. 
Throughout his career, he has tackled these challenges with deft skill, 
deep understanding, and strong personal integrity.
  While Lombard has gone through change after change over the years, 
one thing has remained the same. Bill Lichter has kept a steady hand to 
the wheel, advising the Village Board and working tirelessly for the 
benefit of his community.
  Bill has had many accomplishments over the years, though they are too 
numerous to list exhaustively. Chief among them, however, are his 
success in improving the Village's long-term financial forecasting and 
management and his rewarding efforts to promote local economic 
development.
  Bill Lichter has been an advocate for the people of Lombard since his 
very first days in office more than two decades ago. In his time with 
the Village, he has affected countless lives and left an indelible 
impression on Lombard and its residents.
  Madam Speaker and Distinguished Colleagues, Bill Lichter is a 
remarkable man who has dedicated his life to serving the people of 
Lombard. Please join me in honoring this unsung hero for his 
extraordinary career and wishing him every happiness in the well 
deserved respite of his retirement.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                       HON. KIRSTEN E. GILLIBRAND

                              of new york

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mrs. GILLIBRAND. Madam Speaker, I missed one vote on Tuesday, January 
29, 2008. Had I been present, I would have voted in the following way: 
Final passage of New England National Scenic Trail Designation Act, 
H.R. 1528 (Rollcall No. 28): I would have voted ``yea.''

                          ____________________




           TRIBUTE TO NATIONAL CHILDREN'S DENTAL HEALTH MONTH

                                 ______
                                 

                        HON. MICHAEL K. SIMPSON

                                of idaho

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. SIMPSON. Madam Speaker, I rise today to pay tribute to National 
Children's Dental Health Month. Each February, the American Dental 
Association sponsors National Children's Dental Health Month to raise 
awareness about the importance of oral health. As a part of their 
awareness efforts, dentists and dental hygienists from across the 
country and in my home State of Idaho join together and volunteer their 
time to provide free care to children.
  As a dentist, I understand the need for children to receive proper 
dental care. This includes going to the dentist regularly for check-ups 
and treatment when problems arise. Oral health is critical to a 
person's overall health and means more than healthy teeth. Research 
continues to show that many diseases and conditions show themselves in 
the mouth. For people who don't have access to dental care, oral 
disease is almost 100 percent inevitable--and almost 100 percent 
preventable.
  This is particularly heartbreaking when it affects our children. 
Children with poor oral health can have problems eating, sleeping 
properly, paying attention in school and even smiling, because they 
suffer constant pain. Unfortunately, many of us don't realize the 
extent and severity of untreated dental disease in children.
  In my State of Idaho, over 35 percent of children lack dental 
insurance. More than 25 percent of elementary school-aged children in 
Idaho suffer from untreated tooth decay. If the problems go untreated, 
a child will often end up in a hospital emergency or operating room, 
which costs far more than a trip to the dentist.
  Hundreds of dentists and oral healthcare providers in Idaho and 
across the country donate their time and energy to help this cause, and 
I graciously thank them. While National Children's Dental Health Month 
will not solve the issues of access to oral healthcare by itself, it is 
a great opportunity to raise awareness of the importance of oral health 
and provide care to our most important and vulnerable resource--our 
children.

                          ____________________




     NICHOLAS ROYCE, FIFTY YEARS AND STILL FIGHTING THE GOOD FIGHT

                                 ______
                                 

                         HON. HOWARD L. BERMAN

                             of california

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. BERMAN, Madam Speaker, the name Nicholas Royce deserves to be 
added to the list of dedicated Americans who exemplify the spirit of 
achievement. He has earned this recognition for his long and 
outstanding career as a performer, and his devotion to many 
entertainment industry humanitarian causes, typifying the altruism that 
is so much a part of the American character.
  Of special significance is the fact that through his life, he has 
been in the forefront with the independent efforts and advocacy for 
civil, constitutional, human and spiritual rights.
  He was born in Bethlehem, Pennsylvania to Theodore and Anastasia 
Vlangas, both natives of Sparta, Greece. At the age of 6 years old his 
family moved to Baltimore, Maryland where he became aware that this 
faith and origin were different from most Americans. Challenged by 
ethnic and religious obstacles, he became motivated to learn every 
truth he could about his faith and his origin.
  With the encouragement of his sister Stella, he made his show 
business debut at the Lord Baltimore Hotel and followed that with a 
successful tour of the east coast during school vacation, and all at 
the age of 14, and with his parents' blessing.
  After high school he entered the Armed Forces and entertained WWII 
vets in the Army base hospitals in the United States and Japan. Because 
of his ethnic look he became known as the Greek Fred Astaire in G.I. 
clothing.
  The Armed Forces had limited religious choices; Protestant, Catholic 
and Jewish. Where's a poor Greek Orthodox kid to go for religious 
salvation? Thanks to Nicholas and his late friend Senator Leverett 
Saltonstall, representing 500,000 Orthodox Catholics who fought and 
died for the constitution, a bill reached Congress in 1955 to create 
such a place in the military. Today servicemen wear tags designating 
Eastern Orthodoxy and have

[[Page 1526]]

Orthodox chaplains. Thirty-three States quickly recognized Eastern 
Orthodoxy as a major faith.
  After he left the service, the American Legion's Pennsylvanian 
district honored Royce for his continued efforts as an entertainer to 
bring joy to veterans in hospitals.
  After his visit to Turkey in 1965, Royce waged a tireless campaign to 
return St. Sophia Cathedral in Istanbul to an open house of worship 
instead of a museum. It was converted to a mosque in 1453 and Royce 
changed history with that campaign. Thanks to Royce, ``the Orthodox 
Christian cry for help'' has been taken to the United Nations human 
rights office in Geneva, European parliament, European Union, and to 
every religious and world leader and to every President since the 
Carter administration.
  Vlangas became Royce at his agent's request and with his parents' 
blessing, thus following the show business practice of the time. He 
changed his name, but never forgot who he was. Even at the height of 
his career in the late 40s and 50s the Nicholas Royce dancers stood for 
all good things and wowed 'em with Nat King Cole's ``Calypso Blues'', 
and a modern dance number based on ``Harlem Nocturn''. They performed 
in all the top supper clubs, niterys and TV shows; Ed Sullivan, Milton 
Berle, Kate Smith, etc.
  From his new home in California, starting in 1957, Nicholas Royce has 
exercised his rights as a layman of the Orthodox faith. He launched a 
vigorous letter writing campaign to mass media, Government officials, 
private and public agencies, industry and individuals, and he has 
succeeded in broadening the public's understanding and recognition of 
the Orthodox faith. Because ``exclusion of Orthodoxy is a form of 
discrimination and prejudice'', Nicholas has made these efforts, so 
Orthodoxy would be an integral part of American life along with other 
major faiths.
  Retired since 1994, Royce now resides in Valley Village, California. 
Retirement has given him more time to fight for AIDS victims, the 
homeless, and abused women and children. He broke the stereotype by 
joining the Hollywood Women's Press Club, Women in Film, and American 
Women in Radio and TV. In 1996, the University of Minnesota's 
Immigration history Research Center was pleased to announce the 
addition of ``the Nicholas Royce papers'' to their archival library.
  Never one to rest on his laurels, he continues to accept new 
challenges.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                            HON. TOM FEENEY

                               of florida

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. FEENEY. Madam Speaker, I regret that on January 28, 2008, due to 
travel complications, I was unable to vote on H.R. 4140 and S. 2110. 
Had I been present, I would have voted ``yea.''

                          ____________________




                    HONORING DR. ASA G. HILLIARD III

                                 ______
                                 

                            HON. BARBARA LEE

                             of california

                    in the house of representatives

                      Wednesday, February 6, 2008

  Ms. LEE. Madam Speaker, I rise today to honor the extraordinary life 
of Dr. Asa G. Hilliard III (Baffour Amankwatia II). A devoted father, 
husband, mentor, and world-renowned humanitarian who worked tirelessly 
and inspired us all, Dr. Hilliard will be sorely missed by us all. Asa 
passed away on August 13, 2007.
  An accomplished academic and devoted professor, Dr. Hilliard affected 
the lives of thousands of students. He was not only a mentor in his 
community, but a hero in the African Diaspora Movement. Dr. Hilliard 
began his academic career in Denver, where he earned a B.A. in 
Education Psychology, an M.A. in counseling, and a Ed.D. in Education 
Psychology at the University of Denver.
  Dr. Hilliard launched his professional career at the University of 
Denver, teaching at the College of Education and in Philosophy 
colloquium of the Centennial Scholars Honor Program. After moving with 
his family to California, Dr. Hilliard dedicated 18 years of his life 
to San Francisco State University. During this time, he served as 
Department Chair for two years, Dean of Education for eight years while 
also working as a consultant for the Peace Corps. Dr. Hilliard's 
influence and reach was truly global. As he mentored and taught 
students in the United States, he also made constant visits to Africa, 
serving as the Superintendent of Schools in Monrovia, Liberia for two 
years.
  Dr. Hilliard was a founding member of the association for the study 
of Classical African Civilization, serving as its first Vice President. 
He was co-developer of a popular educational television series Free 
Your Mind, Return to the Source: African Origins and produced many 
videotapes and educational materials on African-American History 
through his production company, Weset Education Productions. Dr. 
Hilliard was so groundbreaking and forward- thinking in his approach to 
education that several of his methods have become national models in 
the field.
  Dr. Hilliard was a purposeful man with an unquenchable passion for 
education and the preservation of his culture's history and traditions. 
Without reservation, Dr. Asa Hilliard significantly changed the world 
with his dedication to the preservation, study, and spiritual 
understanding of Africa, African Americans, and Africans in Diaspora 
throughout the world.
  One of my long standing desires was to travel to Egypt with Dr. 
Hilliard on one of his study tours. Each time I saw him I mentioned 
this and we both were very excited about the prospect. Due to my hectic 
schedule, this never happened. As God will have it, I was in Ghana, 
West Africa, at the Cape Coast Slave Castle when I learned from 
Reverend Jeremiah Wright through Congressman Jesse Jackson, Jr. that 
Asa had passed the day before in Egypt. Like many, I was devastated and 
saddened, yet thankful to his family and to God for his amazing life. I 
reflected upon his death in Egypt in a prayerful manner, and took pause 
to commemorate this great soul.
  His loving wife, Mrs. Patsy Jo Hilliard, has quoted Asa as repeatedly 
saying, ``It is not enough for us to be bright and competent. We must 
also have purpose and direction. It is not enough for us to `make it' 
on our own--to save ourselves. As Abena says in Armah's novel, Two 
Thousand Seasons, `There is no self to save without the rest of us.' '' 
In this way, Dr. Hilliard touched and influenced the lives of all who 
were privileged to come into contact with him.
  On behalf of California's 9th Congressional District, we salute and 
honor a great human being, our beloved Asa G. Hilliard III. We extend 
my deepest condolences to Asa's family, and our deepest gratitude to 
them for sharing this great spirit with us. May his soul rest in peace, 
and may we continue to benefit from the positive impact he left on the 
world.

                          ____________________




  RECOGNIZING NICHOLAS B. HANSER FOR ACHIEVING THE RANK OF EAGLE SCOUT

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Nicholas B. 
Hanser, a very special young man who has exemplified the finest 
qualities of citizenship and leadership by taking an active part in the 
Boy Scouts of America and in earning the most prestigious award of 
Eagle Scout.
  Nicholas has been very active with his troop, participating in many 
scout activities. Over the many years Nicholas has been involved with 
scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Nicholas B. 
Hanser for his accomplishments with the Boy Scouts of America and for 
his efforts put forth in achieving the highest distinction of Eagle 
Scout.

                          ____________________




                  TRIBUTE TO EGGERTSVILLE HOSE COMPANY

                                 ______
                                 

                        HON. THOMAS M. REYNOLDS

                              of new york

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. REYNOLDS. Madam Speaker, it is with great pride that I rise today 
to commemorate the 100th anniversary of the Eggertsville Hose Company 
of Amherst, New York. For a century the members of the Eggertsville 
Hose have been volunteering to protect their neighbors.
  The Eggertsville Hose began in 1906 in a corner meat packing store 
after a series of household fires could not be extinguished. The two 
home blazes were unable to be controlled by the bucket brigade, the 
fire fighting team at the time. Residents of Eggertsville then banded 
together to form an organization that would provide better fire 
protection to the community.

[[Page 1527]]

  This fire company was incorporated in May 1908. The Eggertsville Hose 
was the first fire company in the town of Amherst outside of the 
Village of Williamsville. Fighting to protect the members of their 
community is the main priority of this 100 percent volunteer fire 
district. No matter what it takes these volunteers rise to the call of 
duty.
  The Eggertsville Hose is an indispensable part of the Amherst 
Community, the members of the Hose have dedicated countless hours of 
service to assist their neighbors. As the population in the district 
grows the Eggertsville Hose advances along with the rising need for 
their service. In 1995 the fire station was moved to the center of the 
district which allows the Hose to respond to emergencies in all areas 
in a shortened period of time. The new station location along with new 
equipment and technology makes it possible for the volunteer fire 
fighters to be increasingly effective in their firefighting 
capabilities.
  The citizens of Eggertsville know that they will be protected by the 
brave firefighters of the Eggertsville Hose whenever disasters occur or 
fires flare up. Madam Speaker, in recognition of its 100th anniversary 
of tremendous service in the town of Amherst, I ask this honorable body 
join me in honoring the Eggertsville Hose Company.

                          ____________________




                       HONORING MS. BETTYE BANKS

                                 ______
                                 

                       HON. EDDIE BERNICE JOHNSON

                                of texas

                    in the house of representatives

                      Wednesday, February 6, 2008

  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I rise today to 
mark the retirement and celebrate the career of a true community 
leader, Ms. Bettye Banks. This year will mark 30 years of her 
outstanding service with Consumer Credit Counseling of Greater Dallas, 
with whom she has dedicated her professional career to providing 
financial education to citizens of North Texas.
  Ms. Banks began her career as a secretary with Consumer Credit 
Counseling of Dallas in 1978. Her work ethic, diligence, and intellect 
allowed her to easily move up through the ranks, serving as office 
manager and counselor, among other positions.
  In 1990, Ms. Banks singlehandedly created the education program, 
aimed at teaching financial wellness and literacy. Today, Ms. Banks is 
the senior vice-president for Consumer Counseling of Dallas and 
responsible for overseeing the financial wellness initiatives of the 
Education Department. With her vision and leadership, the department 
has also grown to include 41 individual presentations on money and 
credit related topics. Ms. Banks has truly been an asset to the 
department and has left a lasting impression on its growth and impact 
in the community.
  In a true testament to her spirit, while working full time at CCCS 
Dallas, she completed her bachelor's degree in applied business 
practice. She has also earned professional certification as a Consumer 
Credit Counselor, Certified Financial Counseling Executive and Housing 
Counselor.
  Among her many accomplishments, Ms. Banks has authored a series of 
consumer-finance workbooks and taught over 3,000 seminars and 
workshops. Her reputation as an expert in the fields has generated 
contributions in multiple publications, including Today's Dallas Woman 
and Dallas Family. She has appeared on CBS, NBC and ABC and is sought 
out as a conference speaker on the topics of financial wellness.
  Additionally, Ms. Banks is an active community leader, serving on the 
boards of the Greater Dallas Rotary Club, the Dallas Legal Roundtable, 
and Friends of Consumer Freedom, among others. She has been a member of 
numerous local organizations including the North Texas Affordable 
Housing Coalition, Family Financial Advisory Council and the Dallas 
Downtown Rotary.
  There is no doubt that Ms. Banks has generated a monumental legacy at 
CCCS Dallas. Through her drive and fortitude, she has undoubtedly 
elevated the organization, and her leadership will be missed. At this 
milestone in her life, I would like to take the time to commend her for 
her commitment to the community and education. I extend my best wishes 
for her retirement and thank her for her invaluable friendship.

                          ____________________




   IN HONOR OF THE UNIVERSITY OF DELAWARE DEPARTMENT OF PUBLIC SAFETY

                                 ______
                                 

                         HON. MICHAEL N. CASTLE

                              of delaware

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. CASTLE. Madam Speaker, it is with great pleasure that I rise 
today to pay tribute to the University of Delaware Department of Public 
Safety for being recognized by the Commission of Accreditation for Law 
Enforcement Agencies, an independent organization created by the 
International Association of Chiefs of Police, the National 
Organization of Black Law Enforcement Executives, the National 
Sheriffs' Association and the Police Executive Research Forum. The 
importance of public safety officers within our community, and in 
particular within the University of Delaware, cannot be underscored 
enough. I am proud to represent a State that is home to such selfless 
and dedicated officers as those at the University of Delaware 
Department of Public Safety.
  The University of Delaware is now a member of an elite group of 
public safety agencies in the United States, Canada, Mexico, and 
Barbados that have received this prestigious, international award. The 
men and women of the Department have shown great dedication and 
commitment to providing quality service and protection to all students, 
faculty, and staff at the University of Delaware campus.
  Employing only a total of forty-two officers on its Wilmington and 
Lewes campuses with approximately twenty security offices, the 
Department of Public Safety has no easy task as the University of 
Delaware has a large enrollment with students living on and off campus 
in the town of Newark. Despite this challenging task, the department 
has provided and continues to provide the highest quality protection 
and service to the University of Delaware community.
  The citizens of Delaware deserve to know that the University of 
Delaware Department of Public Safety, has taken extraordinary steps to 
demonstrate their professionalism and pride in delivering quality 
public service to the University of Delaware community. I am 
tremendously proud of the Department of Public Safety and would like to 
commend and thank the men and women of the Department for the 
sacrifices and commitment that they make on a daily basis. The bravery 
and hard work of all those involved with this outstanding organization 
is responsible for making Delaware a safer place to live.

                          ____________________




         THANKING MS. ELAINE COMER FOR HER SERVICE TO THE HOUSE

                                 ______
                                 

                          HON. ROBERT A. BRADY

                            of pennsylvania

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. BRADY of Pennsylvania. Madam Speaker, on the occasion of her 
retirement in January 2008, we rise to thank Ms. Elaine Comer for 32 
years of outstanding service to the U.S. House of Representatives.
  Elaine began her career at the House as a Programmer Analyst at House 
Information Resources (HIR) and has held and mastered many positions, 
each with increasing responsibility as she continually served this 
great institution as a valuable employee of HIR within the Office of 
the Chief Administrator.
  In the mid-1970s, when the House first began using minicomputers, 
Elaine designed, developed, and implemented the first House-developed 
Member Office Support System, as well as mission-critical legislative 
systems. Elaine was selected to represent the House in a cross-
government team with the Senate and the White House that resulted in 
the House-wide implementation of an integrated Local Area Network (LAN) 
to support House committees. These accomplishments led to her 
instrumental involvement in an HIR-wide PC LAN implementation 
automating project management and time accounting.
  Elaine's management abilities were showcased as she oversaw project 
support to 30 mission-critical House applications, provided key 
coordination in the modernization of the Data Center, was appointed the 
HIR representative to the CAO Business Process Improvement Team, and 
led the Process and Procedures project that supports the House Business 
Continuity/Disaster Recovery Program. Elaine's contributions to the 
House culminated in her expert management of the Configuration 
Management and Quality Assurance programs for the CAO.
  On behalf of the entire House community, we extend congratulations to 
Elaine for her many years of dedication and outstanding contributions 
to the U.S. House of Representatives. We wish Elaine many wonderful 
years in fulfilling her retirement dreams.

[[Page 1528]]



                          ____________________




   HONORING NATIONAL GUARD DAY CELEBRATIONS AT THE INDIANA STATEHOUSE

                                 ______
                                 

                           HON. BARON P. HILL

                               of indiana

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. HILL. Madam Speaker, today, the Indiana National Guard is hosting 
a National Guard Day at the Indiana Statehouse. This event will 
highlight our Hoosier citizen soldiers' capabilities, and provide an 
update as to their status as they prepare to deploy to Iraq. The event 
will also show strong support for the families of our Hoosier 
Guardmembers.
  I applaud Maj. Gen. Umbarger's work with the Indiana National Guard. 
He has been an unwavering champion of the Indiana National Guard. His 
efforts today are to show support for Guardmembers and their families, 
as well as to help elected leaders and citizens better understand the 
role of the National Guard.
  On this day, I too would like to express my support and deepest 
thanks to our Guardmembers, and their families. Many of these brave men 
and women are preparing to leave their homes, their loved ones, and 
their lives stateside in order to defend our Nation. Their commitment 
to duty and steadfast determination is an example to Hoosiers, and all 
Americans alike. They all deserve our most heartfelt thanks and 
admiration. Our Hoosier Guardmembers and their families will be in my 
prayers.

                          ____________________




HONORING THE BLUE STAR MOTHERS OF AMERICA CHAPTER #101 AND THE MARINES' 
                          MEMORIAL ASSOCIATION

                                 ______
                                 

                           HON. MIKE THOMPSON

                             of california

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. THOMPSON of California. Madam Speaker, together with 
Representatives Miller, Stark, Tauscher and McNerney, I rise today to 
honor and thank the California East Bay Chapter of Blue Star Mothers of 
America and the Marines' Memorial Association. With the support of the 
Marines' Memorial Association and Major General Michael Myatt (Ret.), 
the Blue Star Moms are hosting their third event for Gold Star parents 
who have lost a child in service to our country.
  The East Bay Blue Star Moms was founded when Patty Martin, Peggy 
Conklin and Nancy Ecker reached out to each other for support after the 
September 11th attacks. Each had a son in the Army, and in November, 
2001, they established a support group for military mothers in the East 
Bay area. Membership has since grown to over 150 mothers, and they are 
affiliated with the national Blue Star Mothers of America. The East Bay 
chapter sponsors a variety of activities in addition to the Gold Star 
event, including providing care packages for troops stationed overseas, 
and Operation Post Card, connecting local community groups with 
soldiers abroad through letter writing campaigns. The moms have also 
taken their good works to veterans in our community through regular 
visits to the VA hospitals at Livermore, Palo Alto and Martinez.
  The Marines' Memorial Association in San Francisco was founded in 
1946 as a living memorial to all the Marines who had lost their lives 
in the Pacific during World War II. Since then, its mission has 
expanded to include all branches of the United States Armed Services, 
including members of National Guard and reserves, and the U.S. Merchant 
Marine. The Memorial is currently led by Major General Michael Myatt, 
USMC (Ret.). General Myatt has overseen the development of the Memorial 
as a facility that both honors fallen servicemembers and actively 
promotes the interests and needs of men and women currently in service.
  The third Gold Star Parent gathering will bring together hundreds of 
parents from all over California for a 2-day event to honor the 
families of the fallen and allow them to celebrate the lives of their 
children and mourn their loss. This event allows the families to come 
together in private and share their experiences with others who are 
experiencing the same loss. The Marines' Memorial Association provides 
the facilities and meals for the event at a considerably reduced cost, 
and additionally lends support to the participants throughout the 
weekend. The Blue Star Moms contribute an incredible effort to make the 
Gold Star event successful, including personally reaching out to all 
the Gold Star families in the state, and underwriting expenses for 
families who might not otherwise be able to make the trip.
  Madam Speaker and colleagues, at this time it is appropriate that we 
thank the Blue Star Moms and the Marines' Memorial Association for the 
hard work and dedication they have shown to sponsor the Gold Star 
parents event. Their efforts have provided an important forum for these 
families to come together and the event is greatly appreciated by the 
families who have participated.

                          ____________________




          TRIBUTE TO JACK FITZGERALD AND FITZGERALD AUTO MALLS

                                 ______
                                 

                         HON. CHRIS VAN HOLLEN

                              of maryland

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. VAN HOLLEN. Madam Speaker, I rise today to recognize a longtime 
advocate for child passenger safety, my constituent Jack Fitzgerald, 
President of Fitzgerald Auto Malls.
  As you may know, motor vehicle crashes are the leading cause of death 
for children ages 2 to 14 and the leading cause of injury-related death 
for children under age 2. We know that when installed and used 
correctly, child safety seats and safety belts can prevent injury and 
save lives. In fact, young children restrained in child safety seats 
have an 80 percent lower risk of fatal injury than those who are 
unrestrained.
  In order to ensure that child safety seats are properly used and 
installed, car seat check-up events, like those sponsored by Safe Kids 
Worldwide, are essential. At these events, child passenger safety 
technicians teach families how to safely transport their children and 
help make sure everyone in a vehicle is buckled up correctly on every 
ride. On average, technicians spend about 30 minutes with each child. 
These events, most of which are open to the public, are conducted by 
Safe Kids coalitions in central locations such as automobile 
dealerships, hospitals, community centers and shopping centers.
  Since 1996, Safe Kids Worldwide has partnered with General Motors to 
help change the way parents and caregivers learn about child passenger 
safety. More than 13 million people have been reached by the Safe Kids 
Buckle Up Program and, to date, there have been more than 44,000 events 
that bring much needed car seat inspection services and education to 
families across the country.
  Safe Kids is well on its way to checking one million child safety 
seats. Part of this success can be attributed to Jack Fitzgerald of 
Fitzgerald Auto Malls. In February 1999, Jack teamed up with Safe Kids 
Montgomery County in my home state of Maryland to hold a car seat 
check-up event. At that event, Stephen Guarino, who was then 5 years 
old, was moved into a booster seat for a better fit just one day before 
the family vehicle was hit by a truck. Mrs. Guarino and the police 
officers on the scene credit the saving of Stephen's life in that crash 
to the services received at the check-up event.
  Since that incident, Fitzgerald Auto Malls has hosted hundreds of 
check-up events. Working with Safe Kids Montgomery County, local 
government agencies, and police and fire departments, Fitzgerald Auto 
Malls has inspected more than 35,000 child safety seats. The dealership 
hosts monthly car seat inspections free of charge for anyone in the 
community. If the monthly events are not compatible with a family's 
schedule, that family is encouraged to call the dealership to schedule 
a private appointment. This service is only possible because Jack 
Fitzgerald has personally paid for his employees to become nationally 
certified car seat technicians. In fact, more than 80 Fitzgerald Auto 
Mall employees have been trained to check a child's car seat for 
misuse.
  I am honored to commend Jack Fitzgerald and the entire Fitzgerald 
Auto Malls family for their outstanding contributions to and 
involvement in our community. I applaud them for being a role model for 
all public/private partnerships and for their steadfast commitment and 
determination to keeping kids safe on our Nation's roads. I ask my 
colleagues to join me in honoring Jack Fitzgerald, a remarkable 
advocate for America's children.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                          HON. JOHN R. CARTER

                                of texas

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. CARTER. Madam Speaker, on January 29, 2008, I was unable to be 
present for the final rollcall votes.
  If present, I would have voted accordingly on the following rollcall 
votes:
  Roll No. 27--``aye.''
  Roll No. 28--``nay.''

[[Page 1529]]



                          ____________________




                      HONORING HARTFORD, KENTUCKY

                                 ______
                                 

                           HON. ED WHITFIELD

                              of kentucky

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. WHITFIELD. Madam Speaker, I rise in recognition of the city of 
Hartford, Kentucky, located in the First Congressional District of 
Kentucky. On February 3, 2008, Hartford will celebrate its bicentennial 
birthday. This community in western Kentucky is among the oldest towns 
in the Commonwealth of Kentucky and the third largest city in western 
Kentucky. It probably has one of the most unique yet welcoming slogans, 
``Home of 2,000 Happy People and a Few Soreheads.''
  Hartford was settled before 1790 in an area that was often a scene of 
bloody strife between American Indians and 18th century pioneers. There 
is evidence that a settlement was made at the present site of Hartford 
in 1782 and this was the first fortified settlement in the lower Green 
River Valley of western Kentucky.
  The source of the town's name is uncertain. There is one tradition 
that a man named Hart ran a ferry there, hence the name Hart's Ford, 
which later became Hartford. Another tradition found in reminiscences 
of early times is that the town was so called because animals including 
deer, the male of which the English forebears called a ``Hart'' had a 
regular crossing or ``Ford'' at the location of Hartford on the banks 
of Rough Creek.
  The town of Hartford was formally established as ``400 acres of land 
heretofore designated and laid out for a town, in the county of Ohio, 
on Rough creek, on the land of the late Gabriel Madison, inclusive of 
the out and in lots by an Act of the Legislature of the Commonwealth of 
Kentucky, enacted February 3, 1808.''
  Madam Speaker, Hartford has a rich history from its pioneer founding 
to the battle of brother against brother during the Civil War. Some of 
Hartford's famous past residents include Virgil Earp, brother of Wyatt 
Earp of the OK Corral acclaim, and impressionist painter Charles 
Courtney Curran, whose works hang in the Smithsonian Museum of Modem 
Art.
  Hartford, Kentucky, is a progressive community welcoming those from 
near and far to visit or make their home in this inviting community. 
Opportunities from tourism to high tech industry attract visitors and 
new residents in this community located in the heart of western 
Kentucky.
  Madam Speaker, it is with great pride that I bring to the attention 
of this House the historical significance and sense of community that 
the citizens of Hartford, Kentucky, have as they celebrate the 200th 
anniversary of a great American city.

                          ____________________




                       HONORING CMW & ASSOCIATES

                                 ______
                                 

                           HON. JOHN SHIMKUS

                              of illinois

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. SHIMKUS. Madam Speaker, I rise today to bring attention to the 
contribution of a small business in my district to granting foreign 
workers their certifications necessary to work in this country. CMW & 
Associates, a female owned and 8(a) company located in Springfield, 
Illinois, has assisted the Department of Labor in Chicago in assuring 
that per Secretary Chao's directive, there is no longer a labor 
certification backlog.
  Recently, Secretary Chao commended her staff at the Office of Foreign 
Worker Certification. ``Behind every application is a person or group 
of people, waiting to come to our country and work in jobs for which no 
qualified U.S. worker can be found. The Permanent Labor Certification 
program is really proud about people--their hopes and their dreams of 
greater opportunities, and reunification with their families.'' 
Secretary Chao presented a certificate of recognition to Bill Carlson, 
Administrator of the Office of Foreign Labor Certification for his 
leadership role.
  I want to recognize the Department of Labor for its exemplary work in 
expediting the processing of granting foreign workers their 
certifications necessary to work in this country, both on a permanent 
and temporary basis. And I want to thank Charlene Turczyn, CEO of CMW & 
Associates for her role in making sure America is able to obtain the 
skilled workforce necessary to make U.S. employers successful. As is 
often the case, small businesses play an integral role in the success 
of our government's ability to achieve its goals.

                          ____________________




                           HONORING JOAN MANN

                                 ______
                                 

                            HON. DEVIN NUNES

                             of california

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. NUNES. Madam Speaker, I rise today to pay tribute to the life of 
a wonderful woman and friend. Joan was a devoted wife to Earl Mann of 
49 years and mother to two daughters, Paula and Laura. For 29 years, 
she worked for the Woodlake Elementary School as a teacher's aide and 
was active in the Parent-Teachers Association. She served on the Tulare 
County Grand Jury, was active in her church and served as the local 
representative of the Cystic Fibrosis Foundation. She loved to write 
poetry, sometimes about events or people in her life. The following 
poem is one of her family's favorites.

                      I've Sailed Upon Life's Seas

     I've walked upon the shores of life
     A-kicking up the sands
     I've met each eye that chanced my way
     And shook each friendly hand.

     I've sailed upon the seas
     To cross to other places
     I've met each smile with smiles to spare
     And cherished those dear faces.

     The song I've sung along the way
     'Tis joyous and carefree
     It tells of life, of wondrous times
     And speaks of days to be.

     And when my days on earth are through
     God grant me one last thought
     I'd love to do it all again
     Remembering what life's taught.

  Joan Mann's life demonstrated her love of her family, her community 
and her country. Mrs. Joan Mann of Woodlake, California, passed away 
January 24th. She will be greatly missed.

                          ____________________




  IN HONOR OF DARRELL L. FANT, DIRECTOR, HIGHLAND PARK DEPARTMENT OF 
                             PUBLIC SAFETY

                                 ______
                                 

                           HON. PETE SESSIONS

                                of texas

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. SESSIONS. Madam Speaker, it is with great pleasure that I rise 
today to recognize Darrell L. Fant, Director of the Highland Park 
Department of Public Safety (HPDPS).
  After thirty-two years of dedicated service, Darrell will be retiring 
from HPDPS on February 29, 2008. The Town of Highland Park has been 
privileged to have such a devoted public servant working on their 
behalf to ensure Highland Park stays a safe and family friendly area in 
the heart of Dallas. He has served in various roles such as Public 
Safety Officer, Lieutenant, Assistant Shift Commander, and Captain 
before taking on the leadership role of Director. His colleagues 
affectionately refer to him as ``Chief'' as he has earned their respect 
and demonstrated exemplary performance. In addition, he has received 
numerous commendations, thank you letters, and awards such as the 1984 
Firehouse magazine Heroism and Community Service Award.
  I know his vision and leadership will be greatly missed and difficult 
to replace. The legacy he leaves speaks loudly of the impact he has had 
on Highland Park.
  Madam Speaker, I ask my esteemed colleagues to join me in expressing 
our heartfelt gratitude for his hard work and dedicated service.

                          ____________________




HONORING THE LIFE OF MR. J. RUSSELL COFFEY, A PUBLIC SERVANT AND WORLD 
                             WAR I VETERAN

                                 ______
                                 

                          HON. ROBERT E. LATTA

                                of ohio

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. LATTA. Madam Speaker, Mr. J. Russell Coffey passed away on 
December 20, 2007, at the age of 109, and Mr. Coffey was 1 of 3 
surviving veterans of World War I. Mr. Coffey was a student at Ohio 
State University when the United States joined the war in 1917 and Mr. 
Coffey enlisted in the Army at the age of 20 and was honorably 
discharged on December 12, 1918, a month after the signing of the 
armistice.
  Mr. Coffey played baseball and was a track sprinter while in college 
and received both a bachelor's degree and a master's degree from Ohio 
State University, as well as a doctorate degree in education from New 
York University. Mr. Coffey continued his interest in sports and 
teaching by officiating high school sports for many years while he 
taught junior high and high school students in Phelps, Kentucky, at the 
former Glenwood Junior High School in

[[Page 1530]]

Findlay and at the former Findlay College. Mr. Coffey served as an 
instructor at Bowling Green State University from 1948 through 1969, 
primarily teaching physical education but also teaching archery, 
psychology, swimming, and driver's education. Mr. Coffey was the 
director of the university's graduate studies in health and physical 
education from 1952 to 1968. Mr. Coffey was an active member of the 
Bowling Green Rotary Club for more than 50 years, and he was named the 
``oldest living Rotarian in the world'' by the club in 2004, and in 
later years, Mr. Coffey credited physical activity and a healthy diet 
for his longevity.
  The House of Representatives honors the life of Mr. J. Russell Coffey 
for his dedication to public service as a veteran, teacher, and member 
of the community.

                          ____________________




                CELEBRATING THE LIFE OF CARL A. DiPIETRO

                                 ______
                                 

                           HON. BRIAN HIGGINS

                              of new york

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. HIGGINS. Madam Speaker, I rise today to honor the life and work 
of an outstanding Western New Yorker. On November 19, 2007 a beloved 
husband and loving father entered into rest. Carl DiPietro lived a very 
full life filled with love of family and friends. Carl leaves behind a 
long lasting legacy that stretches from his days in the Navy to the 
dedication and loyalty he demonstrated each and everyday with his 
family, at his business or throughout the community.
  Mr. DiPietro was a proud business owner of Sparkle Cleaners, a dry 
cleaning business located in Amherst, NY. It was said that Mr. DiPietro 
treated patrons and employees alike as family. A hardworking man, Carl 
was skilled in his craft and was characterized by his children as an 
``All American Dad'' whose love knew no end. A man who cultivated his 
many interests, Carl loved music and enjoyed playing the guitar; he was 
an avid photographer and restored antiques. Amidst his varied interests 
and passion to explore them, his family remained the most important 
part of his life.
  Carl DiPietro was a good and decent man and will always be remembered 
for his friendly demeanor, his terrific sense of humor and his care 
free spirit. His strength, courage, strong religious faith accompanied 
by a will to survive kept him going through the difficult times. When 
someone you love passes on, pain remains for those left behind. May 
Carl's wife Elaine, his daughters Linda, Judy, and Donna, his sons Carl 
and David, grandchildren, extended family and friends continue to live 
out Carl's memory with love, purpose and fulfillment in their own 
lives.
  Madam Speaker, I am thankful that you have allowed me the opportunity 
to honor the life of Carl DiPietro and remember the many contributions 
he made throughout the Western New York community. I ask my colleagues 
to join me in honoring the life and memory of Carl DiPietro here today.

                          ____________________




       HONORING THE LIFE AND ACHIEVEMENTS OF MR. WILLIAM C. BLACK

                                 ______
                                 

                            HON. JOE SESTAK

                            of pennsylvania

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. SESTAK. Madam Speaker, I rise to honor the memory of a great 
American, Mr. William C. Black, a loving husband, father and 
grandfather, successful entrepreneur, generous philanthropist, and 
courageous veteran. Mr. Black epitomized all that is good about our 
nation and indeed the world. On February 9th 2008, an exceptional group 
of family and friends with gather to remember and thank a man who 
dedicated his skills, energy, and love to others. In the course of a 
remarkable life that began in Bayonne, NJ on June 7th 1930 and 
continued for sixty-six years thereafter, Mr. Black's work ethic, 
intelligence, leadership, and basic decency made him a pillar of his 
community and a source of hope for multiple generations of patients and 
their families at Jersey Shore Medical Center.
  Following graduation from Fordham University in 1952, Mr. Black 
immediately went to the defense of our nation in the United States 
Marine Corps. His seven years of service as an aviator in the USMC 
included duty in Korea and Japan, and a meteoric rise to the rank of 
Lieutenant Colonel. From the Marine Corps, Mr. Black carried with him a 
fighting spirit and sense of purpose that helped him to become 
President of the New Jersey Zinc Company, our nation's pioneer zinc 
producer and originator of all zinc alloys that revolutionized the 
modern die-casting industry.
  However, it was after retiring from New Jersey Zinc that Mr. Black's 
life reached its zenith. From his tireless work to improve the 
facilities of the Jersey Shore Medical Center, the ``Mary V. Black 
Pavilion'' was christened and thousands of trauma patients owe their 
health and lives to that state-of-the-art facility. This month at the 
2008 Jersey Shore Sweetheart Cancer Ball, Mr. Black and his family will 
be recognized for their work to cure that devastating illness. I will 
never forget the moment my four year old daughter was diagnosed with a 
malignant brain tumor. Though we have never met, I know that there is a 
direct connection between my daughter's health today and the life of 
greatness lived by William C. Black. I personally thank him for his 
work and know his legacy will forever live in the gratitude of untold 
numbers of other cancer survivors, their families and friends.
  Madam Speaker, I ask that this chamber pause to remember William C. 
Black, and to thank his wonderful wife Barbara, his accomplished sons, 
William Jr., Michael Paul, and Christopher for their love and 
dedication to one another, Jersey Shore Medical Center, and our blessed 
country.

                          ____________________




                     COMMEMORATING CARTER BLOODCARE

                                 ______
                                 

                          HON. KENNY MARCHANT

                                of texas

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. MARCHANT. Madam Speaker, I rise today to commemorate Carter 
BloodCare on pioneering the processes of the blood care/capture 
industry operations.
  Carter BloodCare (CBC) worked closely with the Texas Manufacturing 
Assistance Center and successfully implemented a methodology that has 
significantly achieved process improvements, increased productivity and 
doubled capacity while reducing floor space. These new changes were the 
result of CBC collaborating with Texas Manufacturing Assistance Center 
(an initiative of the U.S. Department of Commerce NIST Manufacturing 
Extension Partnership program) by participating in their training 
course: Fundamentals of Lean Enterprise. The Lean program was an 
``outside the box'' way of thinking in the blood collection industry 
but it has proven to be an overwhelming success for CBC. This system 
allowed CBC to identify and correct problem areas, reduce needless work 
and create a more productive work flow. Their adoption of the Lean 
Philosophy approach will serve them well for years to come.
  I commend Carter BloodCare for transforming the processes of the 
blood care/capture industry and providing lifesaving units of blood to 
the people of Texas efficiently and expediently. It is an honor to 
represent Carter BloodCare in the 24th District of Texas.

                          ____________________




            HAROLD MILLER RECEIVES COMMANDER'S CHOICE AWARD

                                 ______
                                 

                         HON. HARRY E. MITCHELL

                               of arizona

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. MITCHELL. Madam Speaker, I rise today to congratulate Mr. Harold 
Miller, who has been selected to receive the Defense Logistics Agency's 
(DLA) Business Alliance Award for the Commander's Choice Category. This 
award program recognizes businesses and individuals who have made 
outstanding efforts in partnering with DLA to provide supplies and 
services to America's war-fighters.
  The Commander's Choice Award is given to a person whose dedication 
and commitment to the DLA mission affects the quality of life for U.S. 
women and men in uniform. Mr. Miller is the Aerospace Global Pricing 
Compliance Leader for Honeywell Aerospace, located in my hometown of 
Tempe, Arizona. He has consistently led Honeywell from the inside to 
integrate DLA's mission requirements into corporate culture and daily 
work processes. Through his tireless work, Mr. Miller has allowed DLA 
to provide superior customer support on Honeywell parts. He has an 
unsurpassed willingness to take risks and a strong commitment to making 
things work. Both of these characteristics have enabled DLA to navigate 
around potential crisis situations.

[[Page 1531]]

  Mr. Miller should be proud of his accomplishments. Again, I say 
congratulations on the award and thank you for a job well done.

                          ____________________




   THE GLOBAL PEDIATRIC HIV/AIDS PREVENTION AND TREATMENT ACT OF 2008

                                 ______
                                 

                           HON. JIM McDERMOTT

                             of washington

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. McDERMOTT. Madam Speaker, I come to the floor today to introduce 
the Global Pediatric HIV/AIDS Prevention and Treatment Act. I am 
pleased to be joined by Congresswoman Kay Granger. This legislation 
will strengthen our commitment to preventing the new transmission of 
HIV infections in children. The legislation builds on the successful 
PEPFAR programs aimed at reducing mother to child transmission of HIV 
and AIDS.
  The legislation provides a comprehensive, five year strategy to 
prevent new HIV infections in children and ensure that the treatment of 
children infected with HIV keeps pace with their infection rate. We can 
achieve the birth of an HIV-free generation.
  Reducing mother to child transmission and providing treatment to HIV 
positive children was one of the goals of the original PEPFAR 
legislation. The PMTCT or the Prevention of Mother to Child 
Transmission services were a critically important prevention effort 
included in the PEPFAR legislation. As we begin the process to 
reauthorize these programs we must use this opportunity to strengthen 
the original goals and mission of PEPFAR.
  Every day more than 1,000 children around the world are infected with 
HIV; approximately 90 percent of those infections occur in Africa. With 
no medical intervention, HIV positive mothers have a 25 percent to 30 
percent chance of passing the virus on to their babies during pregnancy 
and childbirth. Yet just one dose of an ARV drug given to the mother at 
the onset of labor and once to the baby during the first three hours of 
life reduces transmission of HIV by almost 50 percent. We know what 
works and we now how to reduce HIV babies. We just need to provide the 
commitment and resources to achieving this goal.
  Children account for almost 16 percent of all new HIV infections but 
represent only 9 percent of those receiving treatment under PEPFAR. 
Without proper care and treatment, half of all newly infected children 
will die before their 2nd birthday and 75 percent will not see their 
5th birthday.
  The bill establishes a target requiring that by 2013 15 percent of 
those receiving treatment under PEPFAR be children. This target simply 
keeps pace with the rate of infection.
  In addition, it establishes a 5 year target for Preventing Mother to 
Child Transmission efforts. By 2013, 80 percent of pregnant women 
receive HIV counseling and testing, with all of HIV positive mothers 
receiving ARV medication.
  The legislation also requires integration of prevention, care and 
treatment with PMTCT services in order to improve outcomes for HIV 
affected women and families and to improve the continuity of care.
  Prevention is our greatest tool in fighting this pandemic. We have no 
vaccine or cure. But we can work to achieve an HIV free generation.
  I want to thank the work of the Elizabeth Glaser Foundation who have 
worked to further the cause of preventing mother to child transmission. 
The Foundation is also a leader in the global effort to provide care 
and treatment to millions of HIV positive children. The Foundation's 
recommendations for strengthening PEPFAR are the basis for this 
legislation. I also want to thank Senators Dodd and Smith who have 
introduced the Senate version of this legislation. Finally, I want to 
thank Congresswoman Granger for her willingness to work with me on this 
legislation and for her continued commitment to addressing the global 
pediatric HIV/AIDS crisis.
  I know that my colleagues on the Foreign Relations Committee are 
working to develop a strong PEPFAR reauthorization and I look forward 
to working with them to ensure that the final bill includes strong 
PMTCT provisions.

                          ____________________




 HONORING THE 180TH ANNIVERSARY OF THE FOUNDING OF McKENDREE UNIVERSITY

                                 ______
                                 

                         HON. JERRY F. COSTELLO

                              of illinois

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. COSTELLO. Madam Speaker, I rise today to ask my colleagues to 
join me in honoring the 180th Anniversary of the founding of McKendree 
University, the oldest college in Illinois.
  McKendree University was founded in 1828, by Methodist pioneers in 
Lebanon, Illinois. First named, ``Lebanon Seminary.'' the name was 
changed in 1830 in honor of William McKendree, the first American-born 
bishop of the Methodist Church. McKendree University is not only the 
oldest college in Illinois, but it is also the oldest college in the 
United States with continuous ties to the United Methodist Church.
  While McKendree University is justifiably proud of its rich history 
and tradition, it continues to grow and modernize in order to attract 
the quality of students and faculty needed to maintain its excellent 
academic standing. This continuous evolution was made evident with the 
recent name change from McKendree College to McKendree University in 
2007. This name change reflects the broad range of academic 
opportunities available at McKendree, including the introduction, 
beginning in 2004, of several graduate programs. These graduate 
programs--including education, professional counseling, business 
administration and nursing--have become so popular that their 
enrollment now accounts for one quarter of the entire student body.
  McKendree has continued to evolve physically as well as academically. 
The university now includes two campuses in Kentucky as well as the 
main campus in Lebanon, Illinois. It also hosts off-campus offerings at 
nearby Scott Air Force Base, in addition to other locations in Illinois 
and Kentucky. In 2006, McKendree opened the new Hettenhausen Center for 
the Arts which has rapidly developed into one of the premier performing 
arts centers in the region.
  As McKendree has continued to expand and evolve, it has earned more 
wide-spread recognition of the excellent academic reputation it has 
long enjoyed locally. Recent awards and rankings include being ranked 
among the top 14 percent of ``Comprehensive Colleges--Bachelor's'' by 
U.S. News & World Report's Best Colleges 2007 and U.S. News & World 
Report's ``Great Schools, Great Prices'' ranking.
  McKendree University has come a long way from its humble beginnings 
in 1828, with 72 students in two rented sheds. It now boasts a dynamic, 
multi-state campus with a full range of extra-curricular offerings to 
complement its excellent academic programs. Throughout its impressive 
evolution, however. McKendree University has remained true to its 
roots. Students still come first at McKendree. The focus of the entire 
McKendree community on enabling each student to fulfill his or her 
potential continues to mark McKendree University as ``Illinois'' First 
and Finest.''
  Madam Speaker, I am proud to say that my wife, Dr. Georgia Costello, 
received her undergraduate degree from McKendree and is a member of the 
Board of Trustees of the University.
  Madam Speaker, I ask my colleagues to join me in congratulating the 
Board of Trustees, administration, faculty and students of McKendree 
University on the occasion of their 180th Anniversary.

                          ____________________




               RECOGNIZING INTERNATIONAL NETWORKING WEEK

                                 ______
                                 

                         HON. MARK STEVEN KIRK

                              of illinois

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. KIRK. Madam Speaker, I rise today to recognize the importance of 
International Networking Week from February 4-8, 2008, and the 
prominent role my constituents play in preserving our competitiveness 
in the global economy.
  As the co-chair of the U.S.-China Working group and a member of the 
State, Foreign Operations and Related Programs Appropriations 
Subcommittee, I know first-hand the importance that international 
relationships play in both diplomacy and in business.
  Of special importance are organizations that create bridges between 
people for the mutual benefit of their members. As technology continues 
to bring us closer together, the relationships we forge will be more 
crucial than ever for companies seeking to grow their businesses.
  Whether it is one of the many multinational companies in the 10th 
Congressional District or a locally-owned small business, networking 
will continue to play a vital role in the growth of the U.S. economy. 
From manufacturing to distribution to the point-of-sale, we are 
stronger for having people throughout the world work together to expand 
their opportunities.

[[Page 1532]]



                          ____________________




                   PRESIDENT'S FY2009 BUDGET REQUEST

                                 ______
                                 

                         HON. JAMES R. LANGEVIN

                            of rhode island

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. LANGEVIN. Madam Speaker, I rise today to express my deep concern 
about the budget request that President Bush transmitted to Congress 
earlier this week. By cutting programs important to working families 
and ignoring the significant economic downturn our Nation is facing, 
the administration has yet again demonstrated that its priorities are 
not those of the American people.
  Our Nation is facing the real threat of a recession, and our 
government should be doing everything in its power to get our economy 
moving and to protect the American people from financial hardship. 
While the President has said he wants to work with Congress on an 
economic stimulus package, his budget request contains a number of 
devastating cuts to important programs that will make it even harder 
for our citizens to make ends meet.
  Despite widespread recognition that fixing the U.S. economy will 
require addressing our weak housing market, the President's proposal 
only adds to the uncertainty that families are facing. This budget 
would slash funding for public housing and rental assistance programs, 
eliminating critical aid for lower income families, the elderly and 
minorities, many of whom may be facing foreclosure as a result of the 
subprime mortgage crisis. In Rhode Island, 400 families are at risk of 
losing their homes under the President's cuts to Section 8 vouchers. At 
the same time, he proposes to slash the Community Development Block 
Grant, CDBG, program, which provides vital funding for economic and 
community development in our State's cities and counties.
  A real economic plan should also include an investment in education 
and job training programs that will promote new employment and ensure 
that our workforce can adapt to the jobs of the future. Unfortunately, 
those programs are not priorities in the President's budget, and even 
proposed funding for No Child Left Behind, a program that the President 
touts as one of his biggest accomplishments, does not keep pace with 
the rate of inflation. If this budget is enacted, Rhode Island would 
see $1.5 million less for after-school programs and a cut of almost $6 
million for career and technical education. Even with lay-offs 
happening all across our State, President Bush wants to cut adult 
employment and training services, which would decrease Rhode Island's 
One-Stop Career System by half a million dollars.
  I am deeply disappointed that the President's budget does not even 
begin to fully fund special education programs under the Individuals 
with Disabilities Education Act. Furthermore, instead of fully funding 
our children's public schools, President Bush has turned back to the 
idea of school vouchers, renaming them Pell Grants for Kids. Vouchers 
will not solve our country's education woes, and naming them after 
Rhode Island's esteemed Senator Pell, who championed public education, 
is grossly misleading and dishonors the legacy of a great Senator.
  The President's budget also fails to make higher education affordable 
for students with economic challenges. Rhode Island, where college 
tuition has risen 45 percent in 4 years, would see a $7 million 
decrease in educational grants for college students. This budget also 
raises the funding level of Pell grants only by slashing funding for 
math and science courses that prepare students for technical programs 
after high school. To maintain our economic advantage in the coming 
years, our Nation must invest more in science, technology, engineering, 
and mathematics education. Cutting these programs is shortsighted and 
endangers our international competitiveness.
  At a time when so many families are having difficulty paving their 
bills, this budget also shreds the safety net programs that help the 
poorest Americans. I am extremely disappointed that the President seeks 
to cut $570 million from the Low Income Home Energy Assistance Program. 
Despite record heating oil prices, the President wants to slash this 
program by 22 percent, a cut that would harm our elderly. Ironically, 
the budget will cause the heating costs of the poor to rise by 
eliminating the Weatherization Assistance Program. A Federal program 
that helps people actually reduce their energy consumption. These 
programs are vital to places like Rhode Island where families are 
struggling with astronomical heating costs.
  The budget also endangers health care programs for our Nation's poor 
and elderly by placing critical domestic health care programs on the 
chopping block. The President has proposed nearly $200 billion in cuts 
to Medicare and Medicaid over the next 5 years. Unfortunately, he aims 
to achieve these cuts by reducing reimbursements to health care 
providers and charging Medicare beneficiaries higher premiums for 
prescription drug coverage and doctors' services. This could not come 
at a worse time for the 316,000 Rhode Island citizens that receive care 
under these vital programs and are seeing the costs of goods rise and 
their purchasing power fall. Furthermore, the health care slated to 
receive additional reimbursement cuts under this proposal continue to 
struggle to properly treat the Medicare population. While I agree that 
we need to address the long-term solvency of Medicare, any reforms 
should be implemented in a manner that is responsive to the needs of 
beneficiaries and providers alike.
  Also contained within the President's budget is a suggested increase 
of $20 billion over 5 years for the State Children's Health Insurance 
Program, SCHIP. This amount falls drastically short of the bipartisan 
SCHIP bill passed by Congress in 2007 that would have expanded coverage 
for millions of children. Unfortunately, the President vetoed that 
legislation and has instead presented us with a proposal that might 
well be insufficient to cover current SCHIP participants, let alone 
cover children who are currently eligible but not yet enrolled in the 
program. As a longtime supporter of SCHIP, I cannot stress how 
important this program is to our children, expectant mothers, and 
parents alike. It is my hope that we will be able to work in a 
bipartisan manner to ensure that this program receives a proper 
reauthorization.
  Federal health care programs are vital not only to our Nation's 
children, seniors, and disabled, but also to the brave men and women 
who served our country. While the President's budget includes an 
increase for VA funding. I highly doubt it will keep pace with the 
health care demands of our returning veterans. I am also dismayed by 
his cut of almost $40 million to medical and prosthetic research, 
programs that have helped our wounded veterans return to a normal life. 
Once again, the President has placed the burden of health care cost 
increases on veterans themselves by proposing to increase co-payments 
and introduce enrollment fees for VA medical care. Congress has opposed 
those efforts in the past, and we will continue to do so.
  Finally, as a member of the Homeland Security Committee, I am 
concerned about the impacts of the President's budget on our Nation's 
capacity for response, resiliency, and recovery in the wake of a 
national catastrophe. The budget calls for an unprecedented 79 percent 
cut to the State Homeland Security Grant Program, which awarded $34.8 
million to Rhode Island from 2004 to 2007. The budget would also 
eliminate the Staffing for Adequate Fire and Emergency Response, SAFER, 
Grant program and would slash funding for the Assistance to 
Firefighters Grant program, despite clear evidence that more resources 
are needed to adequately staff and equip fire departments. Local law 
enforcement would also suffer under the President's budget, which would 
cut funding to the Community Oriented Policing Services, COPS, program 
and to Justice Assistance Grants, JAGS, which have reduced crime in 
communities nationwide. Our State and local law enforcement must have 
the resources they need to be effective, and I will fight to block 
these proposed cuts.
  It is obvious that the President's budget does not reflect America's 
priorities. So, we must ask, what are the President's priorities? While 
he recommends raising health care costs for veterans, the President 
wants $70 billion more to continue the war in Iraq, though Defense 
Secretary Gates stated today that that number could climb to $170 
billion. While he wants Congress to permanently extend his tax cuts for 
the wealthiest Americans, his budget does not contain a long-term fix 
for the Alternative Minimum Tax, which if left unaddressed could mean a 
significant tax increase on our middle class. While he slashes programs 
for our most vulnerable citizens, his refusal to follow fiscally 
responsible budgeting practices would mean more deficits in the coming 
years, burdening future generations with crushing interest on the 
national debt. These priorities are wrong for America. I am confident 
that Congress will develop a more humane and careful roadmap for the 
coming year, and I look forward to working with the Democratic 
leadership toward that goal.

[[Page 1533]]



                          ____________________




     INTRODUCTION OF COLORADO FOREST INSECT EMERGENCY RESPONSE ACT

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. UDALL of Colorado. Madam Speaker, today I am introducing an 
additional bill to address the danger to Colorado's communities, water 
supplies, and infrastructure from the increasing risk of very severe 
wildfires on our forested lands.
  I have put a priority on reducing those risks since I was elected to 
Congress. In 2000, with our then-colleague, Representative Hefley, I 
introduced legislation to facilitate reducing the buildup of fuel in 
the parts of Colorado that the Forest Service, working with State and 
local partners, identified at greatest risk of fire--the so-called 
``red zones.''
  Concepts from that legislation were included in the National Fire 
Plan developed by the Clinton Administration and were also incorporated 
into the Healthy Forests Restoration Act of 2003. As a Member of the 
Resources Committee, I had worked to develop the version of that 
legislation that the committee approved in 2002, and while I could not 
support the different version initially passed by the House in 2003, I 
voted for the revised version developed in conference with the Senate 
later that year--the version that President Bush signed into law.
  Since then welcome progress has been made--in Colorado, at least--in 
developing community wildfire protection plans and focusing fuel-
reduction projects in the priority ``red zone'' areas, two important 
aspects of the new law. But at the same time nature has continued to 
add to the buildup of fuel in the form of both new growth and dead and 
dying mature trees.
  In recognition of the serious nature of the problem, the entire 
Colorado delegation--both here in the House and in the Senate, too--
worked together to reach consensus on a broad-scale legislative 
response. The result was legislation--H.R. 3072 and S. 1797, the 
Colorado Forest Management Improvement Act of 2007--which I introduced 
last year in the House with the cosponsorship of the entire Colorado 
delegation and which Senators Salazar and Allard introduced in the 
Senate. Together with two bills I introduced last week--H.R. 5216, the 
Wildfire Risk Reduction and Renewable Biomass Utilization Act and H.R. 
5218, the Fire Safe Community Act--the bill I am introducing today is 
designed to complement the Colorado Forest Management Act to respond to 
the increasingly widespread extent to which our State's forests are 
being altered by infestations of bark beetles and other insects.
  These insects help to balance tree densities and set the stage for 
fires and thereby the generation of new tree growth. And when forests 
are healthy and there are adequate supplies of water, their effects are 
relatively low-scale and isolated. But under the right conditions--such 
as drought, unusually warm winters, or when there are dense stands of 
even-aged trees--the insects can cause large-scale tree mortality, 
turning whole mountainsides and valleys rust red. And that is happening 
now in many parts of Colorado, as was made unmistakably clear recently 
when Federal and State foresters reported that the beetle infestation 
first detected in 1996 grew by a half-million acres last year, bringing 
the total number of acres attacked by bark beetles to 1.5 million, and 
has spread further into Front Range counties east of the Continental 
Divide.
  My goal in introducing legislation dealing with this issue is not to 
eradicate insects in our forests--nor should it be, because insects are 
a natural part of forest ecosystems. Instead, I seek to make it 
possible for there to be more rapid responses to the insect epidemic in 
those areas where such responses are needed in order to protect 
communities from increased wildfire dangers.
  The bill I am introducing today would add a new section to the 
Healthy Forests Act. which would apply only to Colorado, to 
specifically address insect epidemics. It would authorize the Forest 
Service or Interior Department to identify as ``insect emergency 
areas'' Federal lands that have already been slated for fuel-reduction 
work in community wildfire protection plans and that have so many 
insect-killed trees that there is an urgent need for work to reduce the 
fire-related risks to human life and property or municipal water 
supply.
  The Forest Service or Interior Department could do this on its own 
initiative or in response to a request from a State agency or a 
Colorado political subdivision (such as a county, city, or other local 
government). After receipt of such a request, a decision must be made 
within 90 days.
  In any such emergency areas, the Forest Service or Interior 
Department would be authorized to remove dead or dying trees on an 
expedited basis, including use of a ``categorical exclusion'' from 
normal review under the National Environmental Policy Act, NEPA. 
Although categorical exclusions from NEPA are controversial, I believe 
they are appropriate for these emergency situations.
  For the information of our colleagues, here is a more detailed 
outline of the bill:


             colorado forest insect emergency response act

  This bill, based on provisions in the Udall-Salazar bill (H.R. 4875) 
of 2006, will add a new section to the Healthy Forests Restoration Act 
to specifically address the forest insect epidemic in Colorado.
  It would authorize the Forest Service or the Interior Department, as 
relevant, to identify as ``insect emergency areas'' Federal lands in 
Colorado that have already been slated for fuel-reduction work in 
community wildfire protection plans and that have so many insect-killed 
trees that there is an urgent need for work to reduce the fire-related 
risks to human life and property or municipal water supplies.
  The Forest Service or Interior Department could make such a 
determination on its own initiative or in response to a request from 
any Colorado State agency or any Colorado political subdivision (such 
as a county, city, or other local government). The relevant Federal 
agency must respond to such a request by making a decision within 90 
days.
  The bill would reduce the extent to which analysis under the National 
Environmental Policy Act of 1969, NEPA, must be done prior to 
implementing fuel-reduction--i.e., thinning or tree-removal projects in 
insect-emergency areas. This would be done in two ways:
  (1) by allowing the abbreviated NEPA reviews to be used for projects 
on any lands covered by a wildfire protection plan for a Colorado 
community in or adjacent to an insect-emergency area (the Act now 
allows this only for projects on lands within 1.5 miles of a 
community's boundaries); and
  (2) by allowing the Forest Service or Interior Department to forego 
NEPA analysis entirely through use of a ``categorical exclusion'' with 
regard to a project involving only lands that are both within an 
insect-emergency area and covered by a community wildfire protection 
plan.
  Before making a decision to exempt a project from NEPA review, the 
Forest Service or Interior Department would have to consult with 
relevant Federal and State agencies, seek comments from the public, and 
follow existing procedures for such decisions.

                          ____________________




 HONORING THE COCKE COUNTY NAVAL JUNIOR RESERVE OFFICER TRAINING CORPS

                                 ______
                                 

                            HON. DAVID DAVIS

                              of tennessee

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. DAVID DAVIS of Tennessee. Madam Speaker, I rise today to 
congratulate the Cocke County Naval Junior Reserve Officers Training 
Corps (NJROTC) program for their achievements this past year. In 2007, 
the Cocke County NJROTC program was ranked number one in the State of 
Tennessee and number six in the United States in competitions including 
academics, athletics, and military drill.
  In addition to achieving such great accolades in competitions, the 
Cocke County NJROTC planned, coordinated, and completed 2,153 community 
service hours in the Cocke County, Hamblen County and Knox County areas 
during the 2006 to 2007 school year.
  The Cocke County NJROTC is a citizen leadership program designed to 
develop informed and responsible young men and women who embody honor, 
self-reliance, self-discipline, and respect to authority in a 
democratic society.
  This achievement is a true honor to all the young men and women 
involved in the Cocke County NJROTC program. The rankings, each 
respectively, show the dedication and commitment to service and our 
Nation.
  It is exciting for me to see the young men and women of Cocke County 
NJROTC establishing such high standards at a young age and it bestows 
great promise for the State of Tennessee and our Nation alike.
  Madam Speaker, I ask that the House join me this evening honoring the 
Cocke County NJROTC program for their commitment to excellence, 
dedication, and promise as future leaders of America.

[[Page 1534]]



                          ____________________




      HONORING NANCY HILTON FOR ENCOURAGING OUR NATION'S MILITARY

                                 ______
                                 

                          HON. JEB HENSARLING

                                of texas

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. HENSARLING. Madam Speaker, today I rise to recognize a talented 
and patriotic citizen, Nancy Hilton, for her efforts to honor and 
encourage our Nation's military.
  Overwhelmed with the sacrifices made by our men and women in uniform. 
Ms. Hilton sought a unique way in which she could personally honor the 
military. On a road trip to the East Coast, Ms. Hilton decided to hand-
stitch an American flag and wasted no time in doing so. On the road 
with no pattern, she purchased a store-made American flag and created a 
self-made pattern. Three years later, after investing 214.5 hours and 
over 20 miles of yarn, Ms. Hilton proudly displays the 24-by-13 foot, 
43 pound flag at her home in Athens, Texas.
  In between stitching stripes, Ms. Hilton developed her crocheting 
ministry, The Love Stitchers. The Love Stitchers dedicate their time 
and efforts to making lap afghans for people in nursing homes and 
hospice centers. They also make special red, white, and blue starred 
and striped blankets for veterans. With 100 members in three cities, 
The Love Stitchers have made over 1,500 afghans.
  Madam Speaker, on behalf of the Fifth District of Texas, I am honored 
to recognize Ms. Nancy Hilton not only for her talent, but for her 
thoughtfulness and devotion in caring for our military, veterans, and 
seniors.

                          ____________________




                 RECOGNIZING THE LATINA STYLE 50 AWARDS

                                 ______
                                 

                             HON. JOE BACA

                             of california

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. BACA. Madam Speaker, in 1998, a unique program was launched with 
the purpose of creating awareness in corporate America and its 
connection to the growing world of professional Hispanic women. LATINA 
Style Magazine serves as a reflection of this increasing diversity. 
Because of the magazine's dedication to informing its readers on career 
opportunities in corporate America, it was the catalyst for creating a 
prestigious analysis of Hispanic women's presence there. It serves to 
show the continued efforts for promoting diversity and providing career 
advancement for these Latina professionals.
  Today we celebrate the LATINA Style 50 Awards, a program which 
highlights the 50 best companies for Latinas to work for in our 
country. LATINA Style recruits up to 800 Fortune 1000 companies to 
participate in a survey regarding their role in increasing the number 
of Latina professionals in America's workplace. The reports highlight 
each company's leadership programs, employee benefits and Latina 
representation in senior positions. This past August, the tenth 
publication of these studies went to print. Today I stand here honoring 
this 10th year anniversary of a highly notable and beneficial 
publication.
  Because of the dream of its late founder, Anna Maria Arias, the 
LATINA Style 50 provides today to Latina professionals a resource when 
looking for information on mentoring programs, education opportunities, 
employee benefits, women's issues, and more in corporate America. With 
these resources we can continue to shed light and improve the status of 
Hispanic professionals in America's growing corporate world. LATINA 
Style's passion helps more Hispanic women become aware of companies 
that are providing nurturing environments, where they can continue to 
climb the corporate ladder. I commend LATINA Style on their commitment 
to open more doors to Hispanic women, and for their continued 
inspiration to all Latinas and Latinos in the United States who seek to 
serve the vital roles in America's social, political, and economic 
communities.

                          ____________________




                 HONORING BAHA'I COMMUNITY OF SAN JOSE

                                 ______
                                 

                            HON. ZOE LOFGREN

                             of california

                    in the house of representatives

                      Wednesday, February 6, 2008

  Ms. ZOE LOFGREN of California. Madam Speaker, I rise to acknowledge 
and honor Baha'i Community of San Jose's 50th anniversary. The Baha'i 
Faith, in just 150 years, has become an independent, second most 
widespread world religion whose five million followers are made up of 
more than 2,100 diverse ethnic, racial and tribal groups. The 
organization has more than 157,000 members in the United States.
  The Baha'i Faith includes teachings that promote the principle of 
equal rights for men and women, advocate compulsory education, abolish 
extremes of poverty and wealth, honor work performed in the spirit of 
service to the rank of worship, recommend the adoption of an auxiliary 
international language, and provide the necessary agencies for the 
establishment and safeguarding of a permanent and universal peace. The 
Baha'i Communities of San Jose and of the United States operate more 
than one thousand grassroots social and economic development projects 
throughout the world.
  This faith-based organization not only provides spiritual guidance 
for their members, but they also provide charitable work to the 
community at large. Some of their local civic activities include the 
membership in the Martin Luther King, Jr. Association, membership in 
the Network for a Hate Free Community, Juneteenth Festival, Second 
Harvest Food Collections, highway cleanup, and 22 years sponsorship of 
a service awards banquet recognizing notable individuals and 
organizations for their community service based on Baha'i principles. 
Baha'i Community of San Jose provides these valuable services at no 
cost to the Baha'i Communities of the South Bay and the Santa Clara 
Valley Community at large.
  In their 50 years of dedication and hard work. Baha'i Community of 
San Jose has assisted thousands of people. Baha'i Community of San Jose 
serves people of all beliefs, cultures, ethnicities and ages and serves 
a diverse population from various ethnic backgrounds.
  It is indeed an honor and a privilege to have a warm, welcoming, and 
nurturing organization in my district that appreciates and honors the 
diversity that makes America, and specifically San Jose, California a 
most desirable place to live, work and raise a family.

                          ____________________




                   FREEDOM FOR JUAN PEDROSO ESQUIVEL

                                 ______
                                 

                        HON. LINCOLN DIAZ-BALART

                               of florida

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. LINCOLN DIAZ-BALART of Florida. Madam Speaker, I rise to bring to 
the attention of our colleagues the unjustified arrest of yet another 
dissident, Juan Pedroso Esquivel, by the totalitarian dictatorship in 
Cuba.
  Recently dictatorship thugs working to stifle free speech raided Mr. 
Pedroso's home after someone in the city of Colon posted stickers 
declaring ``CAMBIO,'' meaning change in Spanish. The regime charged Mr. 
Pedroso on January 7 with the crime of possessing ``subversive 
propaganda.'' It is not known yet how long a sentence Mr. Pedroso will 
face for this so-called crime. This may be because the tyrannical 
regime is attempting to scare other peaceful political dissenters by 
making an example with the unjust arrest of Mr. Pedroso.
  Mr. Pedroso is a member of the Pedro Luis Boitel Democratic Party. He 
has a long history of nonviolent political dissent and has previously 
faced time inside the repressive gulags of the Cuban tyranny.
  Even outside prison the regime's thugs have repeatedly harassed Mr. 
Pedroso. According to reports, in September 1998, Mr. Pedroso was 
threatened by the despotic chief of police in San Jose de los Ramos, 
Matanzas province. The policeman publicly said that he had orders to 
shoot Mr. Pedroso in the head and then a few days later said he had his 
gun ready.
  A few months later Mr. Pedroso was summoned to the headquarters of 
the Sistema Unico de Vigilancia y Proteccion, SUVP, Unified Vigilance 
and Protection System, where he was told that he needed to stop his 
human rights work and ``get a job'' or he would be charged with the 
crime of ``dangerousness.'' However, Mr. Pedroso was unable to find 
employment because of his past peaceful political activities. One week 
later, he was arrested and ``convicted'' of ``dangerousness'' and 
received a two-year sentence in the gulag.
  My colleagues, it is unconscionable that someone can be sent to a 
gulag just because a dictatorship suspected he was posting stickers 
with the word ``CAMBIO.'' Why are they so afraid of the word 
``change''? What has them so scared of such a simple and peaceful word? 
What they are really scared of is anyone in any way challenging their 
tenuous grip on the Cuban people and putting a spotlight on their 
condemnable, abhorrent treatment of the Cuban people.

[[Page 1535]]

  Madam Speaker, the arrest of Mr. Pedroso is yet another example of 
the totalitarian dictatorship's total disregard for human rights in 
that enslaved island. My colleagues, we must demand the immediate and 
unconditional release of Juan Pedroso Esquivel and every political 
prisoner in totalitarian Cuba.

                          ____________________




                      HONORING SCOTTY LIPPERT, JR.

                                 ______
                                 

                            HON. GEOFF DAVIS

                              of kentucky

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. DAVIS of Kentucky. Madam Speaker, I rise today to honor a 
dedicated community servant and a national leader in his profession.
  Scotty Lippert, Jr., is a standout in his field. For twenty-one 
years. he has worked for Clopay Plastics Products, a global leader in 
specialty films, extrusion coatings, custom-printing and engineered 
laminations. As a planned maintenance specialist and lubrication 
systems leader, he is one of only 745 people worldwide to meet the 
education, training, and examination standards required to achieve 
Machinery Lubrication Technician Certification.
  Scotty Lippert helped design and construct a lube room that was 
judged best in the world by a panel of national and international 
lubrication engineers. He is beyond doubt an expert in his field, 
authoring training books on lube-room construction and articles on 
lubrication systems and lending his services to a number of Fortune 500 
companies. Just as importantly, Scotty Lippert's best practices in the 
field of lubrication, inspired, designed and implemented at Clopay, are 
now being used by the U.S. Navy.
  On November 2, 2007, Scotty Lippert was chosen as the 2007 Kentucky 
Manufacturing Employee of the Year. He was chosen by a panel of judges 
on account of his innovation, teamwork. community service, and 
leadership credentials.
  In addition to his dedication to his company and profession, Scotty 
Lippert serves his community as a magistrate in Bracken County.
  Scotty Lippert deserves praise for his contributions to his vocation 
and community, and I know the citizens of Bracken County and the Fourth 
Congressional District join me in recognizing his many achievements and 
contributions to our region.

                          ____________________




INTRODUCTION OF EQUITABLE MINERAL LEASE REVENUE SHARING RESTORATION ACT

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. UDALL of Colorado. Madam Speaker, with my Colorado colleague, 
Representative John Salazar. I am today introducing a bill to restore 
the equitable sharing between the Federal Government and the States of 
revenues from federal onshore mineral leases.
  Leasing of federally-owned onshore minerals is governed by the 
Mineral Leasing Act. which provides that the royalties paid by the 
producers are split equally between the Federal Government and the 
government of the State where a lease is located.
  This is very important for Colorado, which in recent years has 
received between $30 million and $60 million from this source. And many 
other States--especially in the West--have benefited as well. In fact, 
the most recent report by the Interior Department indicates that 34 
States received a total of $1.9 billion pursuant to this part of the 
Mineral Leasing Act in 2007.
  Regrettably, the just-enacted appropriations bill for the Interior 
Department includes a provision that in effect amends this part of the 
Mineral Leasing Act by reducing the share of royalty funds going to 
affected States by 2 percent--so that Colorado and other States will 
get only 48 percent (instead of half) of the royalties from Federal 
leases within state boundaries.
  My understanding is that this change was prompted--at least in part--
as a way to offset some of the costs to the Interior Department of 
administering the leasing program and the distribution of royalty 
revenues.
  But I do not think Such a drastic change in the law should he 
accomplished by inclusion of such a provision in an appropriations 
bill, especially when it will have such a serious adverse effect on 
Colorado and our communities--especially those on the Western Slope--
that are experiencing the impacts of intensive development of 
Federally-owned natural gas and other energy resources.
  Accordingly, our bill would reverse this recently-enacted change and 
so restore the equitable division of royalty revenues provided by the 
Mineral Leasing Act.

                          ____________________




                            SUNSET MEMORIAL

                                 ______
                                 

                           HON. TRENT FRANKS

                               of arizona

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. FRANKS of Arizona. Madam Speaker, it is February 6, 2008, in the 
land of the free and the home of the brave and before the sun set today 
in America, almost 4,000 more defenseless unborn children were killed 
by abortion on demand--just today. That is more than the number of 
innocent American lives that we lost on September 11, only it happens 
every day.
  It has now been exactly 12,798 days since the tragic judicial fiat 
called Roe v. Wade was handed down. Since then, the very foundation of 
this Nation has been stained by the blood of almost 50 million 
children. And all of them had at least four things in common.
  They were each just little babies who had done nothing wrong to 
anyone. And each one of them died a nameless and lonely death. And each 
of their mothers, whether she realizes it immediately or not, will 
never be the same. And all the gifts that these children might have 
brought to humanity are now lost forever.
  Madam Speaker, those noble heroes lying in frozen silence out in 
Arlington National Cemetery did not die so America could shred her own 
Constitution, as well as her own children, by the millions. It seems 
that we are never quite so eloquent as when we condemn the genocidal 
crimes of past generations, those who allowed their courts to strip the 
black man and the Jew of their constitutional personhood, and then 
proceeded to murderously desecrate millions of these, God's own 
children.
  Yet even in the full glare of such tragedy, this generation clings to 
blindness and invincible ignorance while history repeats itself and our 
own genocide mercilessly annihilates the most helpless of all victims 
to date, those yet unborn.
  Perhaps it is important for those of us in this Chamber to remind 
ourselves again of why we are really all here.
  Thomas Jefferson said, ``The care of human life and its happiness and 
not its destruction is the chief and only object of good government.''
  Madam Speaker, protecting the lives of our innocent citizens and 
their constitutional rights is why we are all here. It is our sworn 
oath. The phrase in the 14th amendment capsulizes our entire 
Constitution. It says: ``No state shall deprive any person of life, 
liberty or property without due process of law.''
  The bedrock foundation of this Republic is the Declaration, not the 
casual notion, but the Declaration of the self-evident truth that all 
human beings are created equal and endowed by their creator with the 
unalienable rights of life, liberty, and the pursuit of happiness. 
Every conflict and battle our Nation has ever faced can be traced to 
our commitment to this core self-evident truth. It has made us the 
beacon of hope for the entire world. It is who we are.
  And yet another day has passed, Madam Speaker, and we in this body 
have failed again to honor that commitment. We failed our sworn oath 
and our God-given responsibility as we broke faith with nearly 4,000 
more innocent American babies who died without the protection we should 
have given them.
  Madam Speaker, I believe that this discussion presents this Congress 
and the American people with two destiny questions.
  The first that all of us must ask ourselves is very simple: Does 
abortion really kill a baby? If the answer is ``yes,'' there is a 
second destiny question that inevitably follows.
  And it is this, Madam Speaker: Will we allow ourselves to be dragged 
by those who have lost their way into a darkness where the light of 
human compassion has gone out and the predatory survival of the fittest 
prevails over humanity? Or will America embrace her destiny to lead the 
world to cherish and honor the God-given miracle of each human life?
  Madam Speaker, it has been said that every baby comes with a message, 
that God has not yet despaired of mankind. And I mourn that those 4,000 
messages sent to us today will never be heard. Madam Speaker, I also 
have not yet despaired. Because tonight maybe someone new, maybe even 
someone in this Congress, who heard this sunset memorial will finally 
realize that abortion really does kill a baby, that it hurts mothers in 
ways that we can never express, and that 12,798 days spent legally 
killing nearly 50 million children in America is enough. And perhaps 
they will

[[Page 1536]]

realize that America is great enough to find a better way than abortion 
on demand.
  So tonight, Madam Speaker, may we each remind ourselves that our own 
days in this sunshine of life are numbered and that all too soon each 
of us will walk from these Chambers for the very last time.
  And if it should be that this Congress is allowed to convene on yet 
another day to come, may that be the day when we hear the cries of the 
unborn at last. May that be the day we find the humanity, the courage, 
and the will to embrace together our human and our constitutional duty 
to protect the least of these, our tiny American brothers and sisters, 
from this murderous scourge upon our Nation called abortion on demand.
  It is February 6, 2008--12,798 days since Roe v. Wade--in the land of 
the free and the home of the brave.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                       HON. LUCILLE ROYBAL-ALLARD

                              of califoria

                    in the house of representatives

                      Wednesday, February 6, 2008

  Ms. ROYBAL-ALLARD. Madam Speaker, I was ill today and was not present 
for naming bills S. 2110 (Roll No. 23) and H.R. 4140 (Roll No. 24). Had 
I been present, I would have voted ``yea'' on both measures.

                          ____________________




     HONORING THE CAREER AND ACCOMPLISHMENTS OF DR. RONALD F. SURAL

                                 ______
                                 

                           HON. HOWARD COBLE

                           of north carolina

                    in the house of representatives

                      Wednesday, February 6, 2008

  Mr. COBLE. Madam Speaker, I join with those who are recognizing the 
extraordinary accomplishments of a distinguished constituent Dr. Ronald 
F. Sural who recently retired. His career was one of remarkable 
contributions to the practice of medicine, and manifold successes and 
abiding dedication to the people of Greensboro, North Carolina.
  Ron was born in Saginaw, Michigan, and educated in a one-room 
schoolhouse. He knew he wanted to be a doctor at an early age after 
seeing how a local physician took care of the people in his hometown 
and the respect and admiration the physician enjoyed. Not being from a 
wealthy family, Ron worked to put himself through college and medical 
school.
  Ron is a 1967 alumnus of the University of Michigan Medical School. 
Shortly after his medical residency Ron joined the United States Air 
Force as a surgeon. He faithfully served his Nation during the Vietnam 
War, eventually being promoted to the rank of Major.
  In 1974, after retiring from the Air Force, he moved his family to 
North Carolina after visiting the state only once. He immediately fell 
in love with Greensboro and decided that it was the place he would 
raise his family.
  Ron served the people of the Greensboro area as a urologist for 33 
years, providing help and healing to the young and old alike, sometimes 
without pay. He never refused to help anyone in need and those patients 
often showed their appreciation by bringing him vegetables from their 
gardens or firewood--the only payment they could afford.
  He served the Greensboro community through his involvement with the 
Summit Rotary Club of Greensboro, the Knights of Columbus and as a 
parishioner of Our Lady of Grace Catholic Church. He is a member of the 
Greensboro Country Club, where he has skillfully won several golf 
championships.
  He is the proud, adoring father of four children, three 
grandchildren, and the loving husband to his wife of 41 years, Sharon.
  Dr. Sural exemplifies all of what is good and positive about the 
practice of medicine. And now, his 33 year career as a physician, 
servant and educator has come to a close. He has left an indelible mark 
on his patients and on the medical professionals with whom he has 
worked, mentored, advised, and inspired. On behalf of the citizens of 
the Sixth District of North Carolina, we commend Dr. Ronald Sural for 
being a distinguished physician, father and husband, and an exemplar of 
strong character and generosity.

                          ____________________




                       SENATE COMMITTEE MEETINGS

  Title IV of Senate Resolution 4, agreed to by the Senate on February 
4, 1977, calls for establishment of a system for a computerized 
schedule of all meetings and hearings of Senate committees, 
subcommittees, joint committees, and committees of conference. This 
title requires all such committees to notify the Office of the Senate 
Daily Digest--designated by the Rules Committee--of the time, place, 
and purpose of the meetings, when scheduled, and any cancellations or 
changes in the meetings as they occur.
  As an additional procedure along with the computerization of this 
information, the Office of the Senate Daily Digest will prepare this 
information for printing in the Extensions of Remarks section of the 
Congressional Record on Monday and Wednesday of each week.
  Meetings scheduled for Thursday, February 7, 2008 may be found in the 
Daily Digest of today's Record.

                           MEETINGS SCHEDULED

                              FEBRUARY 12
     9:30 a.m.
       Armed Services
         To hold hearings to examine Air Force nuclear security; 
           to be followed by a closed session in SR-222.
                                                            SR-325
     10 a.m.
       Commerce, Science, and Transportation
       Aviation Operations, Safety, and Security Subcommittee
         To hold hearings to examine the President's proposed 
           budget request for fiscal year 2009 for the Federal 
           Aviation Administration.
                                                            SR-253
       Budget
         To hold hearings to examine the President's proposed 
           budget request for fiscal year 2009 for defense and war 
           costs.
                                                            SD-608
       Environment and Public Works
         To hold hearings to examine the President's proposed 
           budget request for fiscal year 2009 for the U.S. Army 
           Corps of Engineers Civil Works Program, and the 
           implementation of the Water Resources Development Act 
           (WRDA) of 2007.
                                                            SD-406
       Health, Education, Labor, and Pensions
         To hold hearings to examine ways to address healthcare 
           workforce issues for the future.
                                                            SD-430
       Judiciary
         To hold hearings to examine the nominations of James 
           Randal Hall, to be United States District Judge for the 
           Southern District of Georgia, Richard H. Honaker, to be 
           United States District Judge for the District of 
           Wyoming, Gustavus Adolphus Puryear IV, to be United 
           States District Judge for the Middle District of 
           Tennessee, and Brian Stacy Miller, to be United States 
           District Judge for the Eastern District of Arkansas.
                                                            SD-226
     11 a.m.
       Appropriations
       Transportation, Housing and Urban Development, and Related 
           Agencies Subcommittee
         To hold hearings to examine proposed budget estimates for 
           fiscal year 2009 for Transportation, Housing, and Urban 
           Development, and Related Agencies.
                                                            SD-138
     2 p.m.
       Judiciary
       Crime and Drugs Subcommittee
         To hold hearings to examine federal cocaine sentencing 
           laws, focusing on reforming the 100-to-1 crack/powder 
           disparity.
                                                            SD-226
     2:30 p.m.
       Intelligence
         To hold closed hearings to examine certain intelligence 
           matters.
                                                            SH-219

                              FEBRUARY 13
     9:30 a.m.
       Armed Services
         To hold hearings to examine improvements implemented and 
           planned by the Department of Defense and the Department 
           of Veterans Affairs for the care, management, and 
           transition of wounded and ill servicemembers.
                                                            SH-216
       Foreign Relations
         To hold hearings to examine the President's budget 
           request for fiscal year 2009 for Foreign Affairs.
                                                            SD-419
       Veterans' Affairs
         To hold hearings to examine the President's proposed 
           budget request for fiscal year 2009 for veterans 
           programs.
                                                            SR-418
     9:45 a.m.
       Energy and Natural Resources
         To hold hearings to examine the President's budget 
           request for fiscal year 2009 for the Department of the 
           Interior.
                                                            SD-366

[[Page 1537]]

     10 a.m.
       Homeland Security and Governmental Affairs
         To hold hearings to examine the Department of Defense 
           Homeland Security role, focusing on how the military 
           can and will contribute.
                                                            SD-342
       Judiciary
         To hold hearings to examine the state secrets privilege, 
           focusing on protecting national security while 
           preserving accountability.
                                                            SD-226
       Rules and Administration
         To hold hearings to examine ways to protect voters at 
           home and at the polls, focusing on limiting abusive 
           robocalls and vote caging practices.
                                                            SR-301
       Small Business and Entrepreneurship
         To hold hearings to examine the President's proposed 
           budget request for fiscal year 2009 for the Small 
           Business Administration.
                                                           SR-428A
     2:30 p.m.
       Intelligence
         Closed business meeting to consider certain intelligence 
           matters.
                                                            SH-219
     3 p.m.
       Health, Education, Labor, and Pensions
       Children and Families Subcommittee
         To hold hearings to examine the Family and Medical Leave 
           Act (FMLA) (P.L. 103-3), focusing on a fifteen-year 
           history of support for workers.
                                                            SD-430

                              FEBRUARY 14
     9:30 a.m.
       Commerce, Science, and Transportation
         To hold hearings to examine the nomination of John J. 
           Sullivan, of Maryland, to be Deputy Secretary of 
           Commerce.
                                                            SR-253
       Energy and Natural Resources
         To hold hearings to examine the President's proposed 
           budget estimates for fiscal year 2009 for the 
           Department of Agriculture Forest Service.
                                                            SD-366
       Indian Affairs
         To hold an oversight hearing to examine the President's 
           proposed budget request for fiscal year 2009 for tribal 
           programs.
                                                            SD-628
     9:45 a.m.
       Homeland Security and Governmental Affairs
       Oversight of Government Management, the Federal Workforce, 
           and the District of Columbia Subcommittee
         To hold hearings to examine ways to build and strengthen 
           the Federal acquisition workforce.
                                                            SD-342
     10 a.m.
       Commerce, Science, and Transportation
         To hold hearings to examine one year to digital 
           television transition, focusing on consumers, 
           broadcasters, and converter boxes.
                                                            SR-253
     10:15 a.m.
       Foreign Relations
         Business meeting to consider pending calendar business.
                                                    S-116, Capitol
     1:30 p.m.
       Homeland Security and Governmental Affairs
         To hold hearings to examine the President's proposed 
           budget request for fiscal year 2009 for the Department 
           of Homeland Security.
                                                            SD-342
     2:30 p.m.
       Intelligence
         To hold hearings to examine the Director of National 
           Intelligence authorities.
                                                            SH-216

                              FEBRUARY 21
     10 a.m.
       Judiciary
         To hold hearings to examine pending judicial nominations.
                                                            SD-226

                              FEBRUARY 27
     2:30 p.m.
       Commerce, Science, and Transportation
       Space, Aeronautics, and Related Agencies Subcommittee
         To hold hearings to examine the President's proposed 
           budget request for fiscal year 2009 for the National 
           Space and Aeronautics Administration (NASA).
                                                            SR-253

                              FEBRUARY 28
     9:30 a.m.
       Armed Services
         To hold hearings to examine the defense authorization 
           request for fiscal year 2009, for the Department of the 
           Navy, and the future years defense program; with the 
           possibility of a closed session in SR-222 immediately 
           following the open session.
                                                            SH-216

                                MARCH 5
     9:30 a.m.
       Armed Services
         To hold hearings to examine the defense authorization 
           request for fiscal year 2009, for the Department of the 
           Air Force, and the future years defense program.
                                                            SH-216

                                MARCH 12
     2:30 p.m.
       Armed Services
       Readiness and Management Support Subcommittee
         To hold hearings to examine the defense authorization 
           request for fiscal year 2009, the future years defense 
           program, and military installation, environmental, and 
           base closure programs.
                                                           SR-232A