[Congressional Record (Bound Edition), Volume 154 (2008), Part 10]
[Issue]
[Pages 13307-13414]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 13307]]
VOLUME 154--PART 10
SENATE--Monday, June 23, 2008
The Senate met at 3 p.m. and was called to order by the Honorable
Daniel K. Akaka, a Senator from the State of Hawaii.
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prayer
The Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
O God, our Father, when we are far from You, we are unhappy. Remove
from our lives anything that would keep us from being close to You.
Today, may our Senators feel Your presence and abide in Your wisdom.
Provide them with solutions to problems that have eluded the powers of
human reason. Lord, make Your purposes clear to them so that they may
run and not be weary. As they surrender themselves more completely to
You, let the light of Your peace shine in their hearts. Make their
thoughts and feelings what they ought to be as they strive to live
worthy of Your love. Lord, watch over them and their loved ones, both
now and in the years to come.
We pray in Your loving Name. Amen.
____________________
PLEDGE OF ALLEGIANCE
The Honorable Daniel K. Akaka 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 legislative clerk read the following letter:
U.S. Senate,
President pro tempore,
Washington, DC, June 23, 2008.
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
Daniel K. Akaka, a Senator from the State of Hawaii, to
perform the duties of the Chair.
Robert C. Byrd,
President pro tempore.
Mr. AKAKA 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, following the remarks, if any, from the two
leaders, the Senate will resume consideration of the House message to
accompany H.R. 3221, the housing reform legislation. As has been
announced earlier, there will be no rollcall votes today. The next vote
will occur tomorrow morning around 11 a.m. That vote will be on a
motion to invoke cloture on the Dodd-Shelby substitute with respect to
the housing reform legislation. Senators will have until 11:30 a.m.
tomorrow to file amendments to the substitute.
This week, we expect to turn to the consideration of the emergency
supplemental appropriations bill and the FISA legislation, and, of
course, we need to consider moving to the Medicare Improvements for
Patients and Providers Act that Senators Baucus and Grassley are
negotiating.
Mr. President, in short, we have FISA, the supplemental, housing, and
Medicare that we need to focus on. When we finish those this week, I
think there will be an opportunity for us to leave. We do have to vote
on a number of judges whom we have indicated we would vote on, and we
are going to try to do those tomorrow afternoon. We think that can be
accomplished. Right after the caucus, we can start voting on those
judges.
____________________
RESERVATION OF LEADER TIME
The ACTING PRESIDENT pro tempore. Under the previous order, the
leadership time is reserved.
____________________
AMERICAN HOUSING RESCUE AND FORECLOSURE PREVENTION ACT OF 2008
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will resume consideration of the House message to accompany H.R.
3221, which the clerk will report.
The legislative clerk read as follows:
A message from the House of Representatives to accompany
H.R. 3221, an act to provide needed housing reform and for
other purposes.
Pending:
Reid (for Dodd/Shelby) amendment No. 4983 (to the House
amendment striking section 1 through title V and inserting
certain language to the Senate amendment to the bill), of a
perfecting nature.
Bond amendment No. 4987 (to amendment No. 4983), to enhance
mortgage loan disclosure requirements with additional
safeguards for adjustable rate mortgages with an initial
fixed rate and loans that contain prepayment penalty.
Dole amendment No. 4984 (to amendment No. 4983), to improve
the regulation of appraisal standards.
Sununu amendment No. 4999 (to amendment No. 4983), to amend
the U.S. Housing Act of 1937 to exempt qualified public
housing agencies from the requirement of preparing an annual
public housing agency plan.
Kohl amendment No. 4988 (to amendment No. 4983), to protect
the property and security of homeowners who are subject to
foreclosure proceedings.
The ACTING PRESIDENT pro tempore. The majority leader is recognized.
____________________
FISA AMENDMENTS ACT OF 2008--MOTION TO PROCEED
Mr. REID. Mr. President, I now move to proceed to Calendar No. 827,
H.R. 6304, the Foreign Intelligence Surveillance Act.
The ACTING PRESIDENT pro tempore. The motion is debatable.
Cloture Motion
Mr. REID. Mr. President, I send to the desk a cloture motion.
The ACTING PRESIDENT pro tempore. 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
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Standing Rules of the Senate, hereby move to bring to a close
the debate on the motion to proceed to Calendar No. 827, H.R.
6304, the FISA Amendments Act of 2008.
Sheldon Whitehouse, Patty Murray, Max Baucus, Tim
Johnson, Ken Salazar, Barbara A. Mikulski, John D.
Rockefeller, IV, Herb Kohl, Robert P. Casey, Jr.,
Daniel K. Inouye, Mary Landrieu, Blanche L. Lincoln,
Mark L. Pryor, Dianne Feinstein, Thomas R. Carper,
Joseph Lieberman, Claire McCaskill.
Mr. REID. Mr. President, I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
The ACTING PRESIDENT pro tempore. The Senator from Pennsylvania is
recognized.
Mr. SPECTER. Mr. President, I ask unanimous consent that further
proceedings under the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. SPECTER. Mr. President, I have sought recognition to address the
issues on legislation which is coming from the House of Representatives
amending the Foreign Intelligence Surveillance Act.
The issues on which the Senate will vote on the House bill involve
very fundamental questions of constitutional rights versus the war on
terrorism. We have legislation which has come from the House of
Representatives which would grant retroactive immunity to the telephone
companies on a showing that the companies receive written requests from
the Government saying the program was legal.
At the outset, I recognize the telephone companies as good citizens.
But the test of whether what has been done is legal is not determined
by the assertion by the Government to the telephone companies that the
program is legal. That determination can only be made by the courts on
evaluation of congressional authority under article I, which has been
exercised in the Foreign Intelligence Surveillance Act of 1978, since
amended, contrasted with the President's article II powers as Commander
in Chief. That test has not been waived.
I submit the historians will look back upon the period of time from
9/11 to the present and beyond as the greatest expansion of executive
authority in the history of the country. I believe additional law
enforcement tools were necessary. In my capacity as the chairman of the
Judiciary Committee, I led the fight for the PATRIOT Act re-
authorization on this floor to give law enforcement broader power.
But, at the same time, I have expressed my deep concern that there be
a determination by the courts as to whether the warrantless wiretapping
is valid under the Constitution. We have seen great stress laid upon
the provision in the House measure that the exclusive means for
wiretapping will be provided by the statute. But that does not stop the
President from asserting his authority under article II of the
Constitution.
The Foreign Intelligence Surveillance Act of 1978 has a similar
provision of exclusivity, but that did not stop the President from
initiating the Terrorist Surveillance Program which was kept secret for
years from the Congress. The President has a sound constitutional
argument that you cannot amend the Constitution by statute; you cannot
take away the President's constitutional authority by a statute, but it
is up to the courts to strike the balance and to make that
determination.
Regrettably, Congress and the efforts which we have made have, I
submit, been totally insufficient. We have had the so-called signing
statements as an expansion of executive authority, and Congress has
been unable to assert its authority under the Constitution on the
legislation we send to the President. The Constitution is plain. Each
House passes legislation. There is a conference report, and it is sent
to the President and presented. Then the President has the option of
either signing or vetoing.
But a practice has arisen in the past, very extensively used by this
administration, to put in signing statements which are at material
variance--that really directly contradict what is in the legislation.
There may be some justification for a signing statement on some minor
matters on an administrative level, but in my formal statement I go
into a couple of examples on a controversy on enhanced interrogation,
or so-called torture, which passed the Senate 90 to 9.
In a celebrated meeting between Senator McCain and President Bush,
they reached a compromise. Then when the legislation went to the
President, the President issued a signing statement saying that he had
the authority to disregard it under his powers as Commander in Chief,
article II authority.
In a similar vein on the PATRIOT Act re-authorization, we put in
restrictions on what the law enforcement officials could do, negotiated
with the administration, signed into law by the President, and again a
statement was made that if the President chose to exercise his
constitutional authority, article II power, he felt free to do so.
I introduced legislation to give the Congress standing to go to court
to challenge these signing statements. The legislation has not gotten
very far because of the impossibility of overriding a veto and because
of the concern as to whether the constitutional standard of the case
and controversy would be met. So here we have the unfettered practice
of these signing statements as an example of executive authority.
Second, the Supreme Court review of the Terrorist Surveillance
Program and habeas corpus has been inadequate. In the Detroit case, the
Federal court finding the Terrorist Surveillance Program
unconstitutional was appealed to the Sixth Circuit. After lengthy
delays, the Sixth Circuit reversed the Detroit Federal court on the
grounds of lack of standing. Then, again, after months of delay, the
case went to the Supreme Court of the United States which, again,
denied certiorari.
The issue of standing has sufficient flexibility, as demonstrated by
the dissent in the Sixth Circuit, that the Supreme Court could have
taken up the issue. The question on the Terrorist Surveillance Program
presents the sharpest conflict of our era on the clash between the
President's authority under article II as Commander in Chief and the
authority of Congress to enact statutes, as we did under the Foreign
Intelligence Surveillance Act of 1978.
Similarly, on habeas corpus, notwithstanding the Rasul decision, the
Court of Appeals for the District of Columbia in Boumediene essentially
disregarded the holding of the Supreme Court in Rasul when the Circuit
Court for the District of Columbia said the decision by the Supreme
Court turned on a statutory interpretation.
Habeas corpus is provided for in two ways under our law: No. 1, it is
descended from the Great Writ, the Magna Carta, of 1215, and it is
embodied in our constitutional law as made plain by Justice Stevens in
Rasul. And there is also a statutory provision for habeas corpus. In
the Military Commissions Act, the Congress modified the statutory
provision, and the Court of Appeals for the District of Columbia saw
fit to say that once the statute was changed, habeas corpus didn't
apply--really flying in the face of what the holding was in Rasul.
Finally, a protracted period of time later, in Boumediene, the
Supreme Court reinstated habeas corpus as it was bound to do based upon
the clear holding of Rasul and the long history of the issue.
Congress has similarly been ineffective in curtailing executive
authority in the National Security Act of 1947, which requires the
President to notify the intelligence committees of both the House and
Senate, and for protracted periods of time the executive branch ignored
that requirement. Only when the confirmation of General Hayden as
Director of CIA came up was there some compliance with that
requirement.
The Judiciary Committee, during my tenure as chair, sought to bring
in the telephone companies, sought to issue subpoenas to find out what
the telephone companies were undertaking. On
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that situation, as I have said on the floor of the Senate, Vice
President Cheney personally went behind my back to talk to Republican
members of the Judiciary Committee without talking to me at any stage.
That effort was made because the telephone companies, unlike the
executive branch, unlike the President--the telephone companies do not
have executive privilege.
Similarly, the Senate defeated my amendment on the Foreign
Intelligence Surveillance Act which would have substituted the
Government for the telephone companies as the parties defendant. There
was a way that the telephone companies could have been recognized for
their good citizenship and held harmless by having the Government step
into their shoes. But that amendment was defeated.
I submit the case for this determination has a very important
dimension beyond the customary doctrine of separation of powers because
we are asked to give retroactive immunity to something while we don't
even know on the record the full import of what is involved. The
warrantless wiretapping, the data mining by the telephone companies is
known only to some Members of Congress. It is not known to the public.
I intend to offer an amendment which will require that the district
court--the House bill now lodges jurisdiction in the district court to
make the determination on the legality of FISA--my amendment will call
for the district court to make the determination as to whether what has
been done by the telephone companies is constitutional.
The ultimate vote on this matter is a tough one. There are quite a
number of provisions in the House bill which are protective of civil
liberties. I have detailed them in my formal written statement. So when
I come to a balance as to voting for the bill or not, my inclination is
to vote in favor of the bill because of the importance of the ongoing
activities of the telephone companies, notwithstanding my deep concern
for civil rights. But there is a much better alternative, and that much
better alternative would have been to have substituted the Government
for the telephone companies as the party defendant or, now, to submit
the question of constitutionality to the district court.
My vote was misunderstood on the Military Commissions Act. When I had
led the fight to retain habeas corpus in that bill, it was defeated 51
to 48--but we later voted for the bill because of its recognition of
the applicability of the Geneva Conventions and other important parts
of the bill. I said at the time that because of the severability
clause, the Supreme Court of the United States would reinstate habeas
corpus--which, of course, in the past couple of weeks, we know the
Supreme Court has done.
We are dealing here, essentially, with very subtle and very nuanced
provisions. There are very tough judgments to be made in the
legislative context. The war on terrorism is still on the front burner.
We do not know what is going to come next.
So that any time there is a balance as to what we ought to do,
because of the value which I think is present from this data-mining and
the work done by the telephone companies, I think it ought to be
maintained. But where we have an option of doing it in a constitutional
way, either by sunshine or by submitting it to the court, that is the
preferable course of conduct.
I ask unanimous consent that the full text of a detailed statement
summarizing my position and a draft amendment be printed in the Record
so my colleagues will have an opportunity to review both my written
statement and my oral presentation of the proposal for an amendment
which I intend to offer when the bill comes up.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Floor Statement on FISA
The Senate is coming to a critical vote on our duty to
exercise our most fundamental constitutional obligation on
separation of powers: to strike the appropriate balance
between the war against terrorism and protecting civil
rights. We are asked by the House of Representatives to
approve their bill on amending the Foreign Intelligence
Surveillance Act, a bill which gives retroactive immunity to
the telephone companies that facilitated warrantless
surveillance, but does not require a judicial determination
that the government's program was constitutional.
It is totally insufficient to confer immunity merely
because the companies received written requests from the
government saying the program was legal. While it is true
that the standard of review has been changed from ``abuse of
discretion'' to ``substantial evidence'' in this bill, the
real question is ``substantial evidence'' of what? Only that
the President authorized the program and the government sent
written requests to the companies assuring them it was legal.
The court is not required to find that the requests were
lawful, or that the surveillance itself was constitutional.
The provision that the legislation will be the exclusive
means for the government to wiretap is meaningless because
that specific limitation is in the 1978 Act and it didn't
stop the government from conducting the warrantless Terrorist
Surveillance Program with the telephone companies'
assistance. The bill leaves the President with his position
that his Article II powers as commander in chief cannot be
limited by statute. That is a sound constitutional argument,
but only the courts can ultimately decide that issue, and
this bill dodges the issue by limiting judicial review.
The constitutional doctrine of separation of powers has
been mangled since 9/11. I believe that, decades from now,
historians will look at the time between 9/11 and the present
as the greatest expansion of unchecked executive power in the
history of the country. I believe that much, if not most, of
that power was necessary to fight terrorism and I led the
fight as Chairman of the Judiciary Committee to expand law
enforcement powers under the PATRIOT Act. I also offered
numerous pieces of legislation designed to bring the
Terrorist Surveillance Program under federal court review and
to ensure that vital intelligence gathering could continue
with appropriate oversight. In the 109th and 110th
Congresses, I introduced several versions of the National
Security Surveillance Act (first introduced on March 16,
2006), the Foreign Intelligence Surveillance Improvement and
Enhancement Act (with Senator Feinstein, first introduced on
May 24, 2006), and the Foreign Intelligence Surveillance
Oversight and Resource Enhancement Act (first introduced on
November 14, 2006).
There has to be a check and balance. The Congress has been
totally ineffective, punting to the courts and then seeking
to limit the courts' authority as the House of
Representatives is now doing. The problem is compounded by
the fact that the Supreme Court had ducked and delayed
deciding where the line is between Congressional authority
under Article I and presidential authority under Article II.
Let me document the ineffectiveness of Congress:
(1) Signing Statements: The constitution is explicit that
Congress sends legislation to the president who has only two
options: sign or veto. Instead on key provisions limiting
executive authority, including Senator McCain's amendment--
adopted 90 to 9 in the Senate--to ban ``cruel, inhuman or
degrading'' treatment of any prisoner held by the United
States, and the new PATRIOT Act sections requiring audits and
Congressional reporting to ensure the FBI does not abuse its
terrorism-related powers to secretly demand the production of
records, the President has signed the Congressional
presentment and then issued a statement asserting his Article
II power to ignore those limitations.
My legislation to give Congress standing to challenge the
constitutionality of those signing statements has gone
nowhere because of three factors: (1) The disinclination of
Congress to challenge the president in the context of getting
blamed if there were another terrorist attack; (2) the
virtual impossibility of overriding a veto; and (3) the
doubts by a few that such legislation would satisfy the
constitutional requirements of the case and controversy.
(2) Requiring Supreme Court Review of the TSP and Habeas:
The efforts to get a Supreme Court ruling on the
constitutionality of the Terrorist Surveillance Program were
ducked by the Supreme Court. The ruling of the U.S. District
Court in Detroit holding the Terrorist Surveillance Program
unconstitutional was reversed by the 6th Circuit on a 2-1
vote on lack of standing and the Supreme Court denied
certiorari. The doctrine of standing has enough flexibility,
as demonstrated by the dissent in the 6th Circuit, to have
enabled the Supreme Court to take up the most fundamental
clash between Congress and the president in our era, if the
Supreme Court had the courage to do so.
The Supreme Court acted almost as badly on the habeas
corpus issue in initially denying certiorari on the D.C.
Circuit's decision in Boumediene, which ignored the plain
language in Rasul confirming that habeas corpus was a
constitutional right, not just one based on legislation which
Congress had changed. Only when confronted with the
overwhelming evidence on the inadequacy of the Combat Status
Review Tribunals did the
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Supreme Court finally grant a petition for reconsideration on
certiorari and ordered the District Courts to grant habeas
corpus review after a very long delay.
(3) Violation of the National Security Act: The Congress
was remedy-less to do anything when the President ignored the
National Security Act of 1947 which requires notification of
programs like the Terrorist Surveillance Program to the House
and Senate Intelligence Committees. It was only when the
administration needed the confirmation of General Michael
Hayden to be Director of the CIA that any effort at
compliance was made.
(4) Subpoenas for Telecoms: My efforts as Chairman of the
Judiciary Committee in June 2006 to get information about the
telephone companies' warrantless wiretapping were obstructed
by an unusual breach of protocol by Vice President Dick
Cheney personally when he went behind my back to urge other
Judiciary Committee members to oppose my efforts to subpoena
the telephone companies which, unlike the administration,
could not plead executive privilege.
(5) Military Commissions Act: Congress has been docile,
really inert, in failing to push back on the executive's
encroachment on our authority. My amendment to retain habeas
corpus in the Military Commissions Act was defeated 48-51.
Meanwhile, the Graham-Levin amendment to the National Defense
Authorization Act for Fiscal Year 2006 passed by the shocking
vote of 84-14 despite the fact that it was drafted overnight,
had no hearing and virtually no debate with my having only
two minutes to speak in opposition. On its face the amendment
stripped the Supreme Court of jurisdiction by vesting
exclusive jurisdiction with the District of Columbia Circuit.
It would be hard to find an amendment on a more important
subject given less scrutiny and passed with less thought and
in such haste.
(6) FISA Substitution Amendment: Similarly, the Senate
defeated my amendment to the Foreign Intelligence
Surveillance Act which would have substituted the government
for the telephone companies as the defendants in the pending
litigation. That would have protected the telephone companies
but left the courts to decide if the program was
constitutional.
The Senate now has the opportunity to provide for judicial
review by amending the House Foreign Intelligence
Surveillance Act bill to authorize the U.S. District Courts
to determine the constitutionality of the administration's
program before granting immunity to the telephone companies.
The case for that determination has an important extra
dimension beyond separation of powers. It involves a
repugnant factor; namely, that the government had instigated
and maintained for many years a secret practice, the scope of
which is unknown to the public and known only to some members
of Congress. It smacks of Star Chamber proceedings from old
England. Now the administration insists on retroactive
immunity and the House has complied. It is time the Senate
stood up and earned its reputation as the ``world's greatest
deliberative body'' and at least demonstrate some courage, if
not a full profile, by insisting on judicial review.
In offering an amendment for judicial review, I am mindful
of the importance of what the telephone companies have been
doing on the war against terrorism from my classified
briefings. It is a difficult decision to vote for retroactive
immunity if my amendment fails, but I will do so, just as I
voted for it when my substitution amendment failed because I
conclude that the threat of terrorism and the other important
provisions in the House bill outweigh the invasion of
privacy.
I do so with great reluctance because it sets a terrible
precedent for the executive to violate the Foreign
Intelligence Surveillance Act, the National Security Act of
1947, and the presentment clause of the constitution and then
receive a Congressional pardon. It is especially galling
since Congress could both protect the telephone companies by
substitution and allow the lawsuits to go forward or
authorize their continuance by my amendment.
I also intend to vote for the bill regardless of what
happens to my amendment because of the other important
features of the bill. It requires prior court review of the
government's foreign-targeted surveillance procedures, except
in exigent circumstances (the 7-day exception). Also, the
FISA Court must determine whether--going forward--the foreign
targeting and minimization procedures satisfy the Fourth
Amendment. The bill also requires prior, individualized court
orders based on probable cause for U.S. persons when they are
outside the country. And, the bill requires a comprehensive
Inspector General review of the Terrorist Surveillance
Program.
I know that this nuanced position of fighting retroactive
immunity and then voting for the bill will be misunderstood
because of the complexity of the issues and the subtleties of
my rationale.
I have been similarly misunderstood in my castigation of
the provisions eliminating statutory habeas corpus and court-
stripping in the Military Commissions Act and then voting for
the bill. I did so, and gave my contemporaneous reasons,
because the Act contained many important provisions, such as
implementing the Geneva Conventions in accordance with the
Supreme Court's Hamdan ruling. The Act also brought the
military commissions within Congressional authorization and
the law--something the current bill seeks to do for vital
intelligence gathering. I said at the time that the Supreme
Court would strike the exclusion of habeas corpus, leaving
the rest of the Act intact under the severability clause, and
that did happen in Boumediene.
It is my hope that my colleagues in the Senate and House
too would give a little extra consideration to this issue
because it is past time for Congress to assert itself and at
least leave the courts free to determine constitutional
rights and separation of powers.
____
Draft Amendment
In section 802(b) of the Foreign Intelligence Surveillance
Act of 1978, as added by section 201 of the Act, strike
paragraph (1) and insert the following:
``(1) Review of certifications.--
``(A) In general.--Except as provided in subparagraph (B),
a certification under subsection (a) shall be given effect
unless the court finds that such certification is not
supported by substantial evidence provided to the court
pursuant to this section.
``(B) Covered civil actions.--In a covered civil action
relating to assistance alleged to have been provided in
connection with an intelligence activity involving
communications that was authorized by the President during
the period beginning on September 11, 2001, and ending on
January 17, 2007, a certification under subsection (a) shall
be given effect unless the court--
``(i) finds that such certification is not supported by
substantial evidence provided to the court pursuant to this
section; or
``(ii) determines that the assistance provided by the
applicable electronic communication service provider was
unconstitutional.
Mr. NELSON of Florida. Mr. President, Floridians are hurting--
foreclosures are skyrocketing. According to one estimate, at the end of
March 2008, Florida had nearly 200,000 properties in foreclosure. In
the first quarter of 2008, Florida had the second highest total of
foreclosures, nationwide--up 17 percent from the previous quarter and
178 percent from last year. Statewide, one in every 97 households
received a foreclosure filing. In May, Cape Coral Ft. Myers, Florida,
had the second highest foreclosure rate in the Nation, with one in
every 79 homes receiving a foreclosure filing. This crisis isn't
limited to subprime mortgages or risky borrowers--it destroys the value
of entire communities. The ripple effect translates into big losses for
the State's economy--an estimated $35.9 billion decrease in home value
and tax base in Florida.
I rise to discuss a bipartisan amendment that have filed with my
colleague from Minnesota, Senator Coleman. This amendment provides
commonsense relief to homeowners trying to stay in their homes and
avoid foreclosure.
Current law imposes a 10 percent penalty for individuals choosing to
make an early withdrawal from their retirement savings. There are
exceptions to this penalty: years ago, we allowed first time homeowners
to use their retirement savings to help purchase a home. Surely, we can
agree that in 2008 we should allow homeowners to use a small portion of
their savings to save their home.
Our amendment waives the 10 percent penalty for folks wishing to make
an early-withdrawal to help avoid foreclosure. To be eligible for this
waiver, homeowners must have proof that they are participating in a
Government or industry sponsored foreclosure prevention program, like
HOPE NOW, or the HOPE for Homeowners Program established in the bill we
are considering today. This benefit is limited to 2 years, and the
withdrawal amount is capped at $25,000. Taxpayers will also have 2
years to repay what they borrowed from their retirement savings. This
amendment is fully offset.
I received an email from Wayne, who lives in Stuart, FL. Wayne is an
Air Force Veteran who recently lost his job, and in order to try to
keep his home, he liquidated his 401(k) savings and paid the 10 percent
penalty. The housing bill we are considering today gives tax credits
for first time homebuyers to purchase homes, but current tax law
penalizes folks like Wayne, who are trying their best to save their
home, using their own money.
In many instances, a home is the greatest single source of wealth for
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Americans. It makes sense to make a limited exception to allow
homeowners to use every tool available to stay in that home, and save
their greatest investment. I encourage my colleagues to support this
amendment.
Mr. COLEMAN. Mr. President, I rise with my colleague from Florida to
speak on behalf of our amendment to allow homeowners penalty-free use
of up to $25,000 in retirement funds to keep their house.
Before I speak to the amendment, I would like to thank, first, the
chairman of the Banking Committee Senator Dodd and ranking member
Senator Shelby, as well as the chairman of the Finance Committee,
Senator Baucus and ranking member Senator Grassley for their leadership
in putting this important bipartisan housing bill together. And, I have
special thanks for Senators Baucus and Grassley for working with us one
this important amendment.
The need to act to address the housing crisis could not be more
urgent. In my travels throughout my State, I have seen how the housing
crisis is hurting families, communities and the economy.
Just to underscore how serious this situation really is for the
Minnesota economy, we learned last week that more Minnesotans are out
of work than since 1983. We are talking about construction workers of
which nearly 7,000 have lost a job during the past year.
We are talking about folks like Ron Enter and his wife whose small
building materials business is being devastated by the housing crisis.
They have already significantly reduced their workforce and warn of
more cutbacks if the housing market does not improve in order to keep
their business going.
Bottom-line, our housing woes have spilled over into the rest of our
economy, and as a result it is a problem that is undercutting entire
communities and their families.
This amendment presents a bipartisan solution that's in the spirit of
the cooperation demonstrated by Senators Dodd, Shelby, Baucus, and
Grassley on this housing package.
During my travels and housing town hall forums I have held back home
in Minnesota, I have met more and more folks who are tapping into their
retirement savings in a desperate effort to keep their homes--average,
hard-working folks such as Terri Ross, a nurse, who I met at a housing
town hall forum in St. Cloud, where she talked about using her
retirement savings to keep her home.
The problem is that as homeowners across Minnesota and the Nation use
their retirement savings to save their homes, they are getting hit hard
with a 10-percent early withdrawal tax penalty.
As we are on the verge of passing this bipartisan legislation to
address the housing crisis, Senator Nelson and I believe that one more
way we can responsibly address the housing crisis is to temporarily
waive this 10 percent penalty. Given that the Tax Code waives the 10
percent penalty for early withdraw from individual retirement accounts,
IRAs, for first-time home purchases, I believe that it is only fair to
waive this penalty for those who want to keep their homes.
At the end of the day, we should not penalize homeowners for trying
to keep a roof over their heads and wanting to remain a part of the
community they have called home.
In an effort to address a point of concern raised by the
distinguished Senator from Connecticut when we were on the floor in
April, Senators Nelson and I are proposing that this relief be made
available only to those homeowners who participate in government or
industry sponsored foreclosure prevention programs such as the HOPE for
Homeowners Program and FHA Secure. We do agree that it would make good
sense to ensure that lenders also do their part to help homeowners keep
their homes.
And, that is why in this amendment, homeowners could only use this
relief in cases where the lenders also provide relief. We believe that
this is fair and right. We believe that this modification to our
previous proposal will ensure there is, to quote the chairman
``commensurate responsibility on the part of the lender.''
I urge my colleagues to support this commonsense and much-needed
amendment and thank my colleague from Florida for his great work on
this amendment.
____________________
RESTORE CONFIDENCE IN MORTGAGE SECURITIES
Ms. SNOWE. Mr. President, I wish to speak to an amendment that I will
offer which will increase the trustworthiness of the Nation's mortgage
security market by creating the Federal Board of Certification for
mortgage securities.
The recent collapse of Bear Stearns and the huge losses suffered
throughout the financial industry demonstrate a catastrophic failure to
accurately assess the dangers of imprudently made subprime mortgages to
the American public and our financial markets. In hindsight, it appears
that it was the inability to gauge risk in mortgage-backed securities
that caused much of this financial turmoil. For markets to operate
properly, it is imperative that they have effective metrics for
calculating the level of risk securities pose to investors.
The secondary mortgage market has been a largely unregulated
playground where poorly underwritten, low-quality loans were sold as
high-quality investment products. Although mortgage-backed securities
can be a positive market force, which increases the available pool of
credit for borrowers, without an accurate picture of the risk involved
in each mortgage security, buyers have no idea whether they are buying
a high-risk investment or a safe, secure investment. My legislation
would work to curb the excesses of the secondary market, combat future
attempts at deception, and protect investors by making securitized
mortgage investments more reliable and trustworthy.
The inability of major corporations to properly assess the risk of
the mortgage securities they were trading is a problem whose effects
have not been confined to Wall Street. To put it simply: When big banks
sneeze, the rest of America gets a cold. By 2009, more than a trillion
dollars of the subprime mortgages originated during the housing boom
will reset to higher interest rates. Currently, according to the
Mortgage Bankers Association, 43 percent of subprime adjustable rate
mortgages are already in foreclosure. In my home State of Maine, we are
struggling with falling home prices and a record number of
foreclosures. Some Maine borrowers, with rising monthly payments, are
unable to refinance out of their predatory loans. Small business
owners, many already hurt by the economic downturn, are also finding
credit tight. The bad economic climate caused by the subprime credit
crunch is roiling the stock market causing Americans to loose billions
in their IRAs and retirement funds.
We need to fix this crisis before it gets any worse and make sure it
never happens again. Francis Bacon said that ``knowledge is power.'' My
amendment would give investors the knowledge to make intelligent
calculations of risk and, as a result, it would give them the power to
decide how much risk they could collectively handle.
Turning to specifics, my amendment creates the Federal Board of
Certification, which would certify that the mortgages within a security
instrument meet the underlying standards they claim in regards to
documentation, loan-to-value ratios, debt service to income ratios, and
borrowers' credit standards. The purpose of the certification process
is to increase the transparency, predictability, and reliability of
securitized mortgage products. Certification would aid in creating
settled investor expectations and increase transparency by ensuring
that the mortgages within a mortgage security conform to the claims
made by the mortgage product's sellers.
The proposed Federal Board of Certification would not override any
current regulations and would not, in any way, stifle any attempts by
private business to rate mortgage securities., This legislation would,
however, create incentives for improving industry rating practices.
Open publication of the
[[Page 13312]]
board's certification criteria would augment the efforts of private
ratings agencies by providing incentives for increased transparency in
the ratings process. The board's certification would also serve as a
check on the industry to ensure that ratings agencies carefully
scrutinize the content of mortgage products before issuing evaluations
of mortgage-backed securities.
Significantly, the Federal Board of Certification would also be
voluntary and funded by an excise tax. Users could choose to pay the
costs for the board to rate their security, or they could elect not to
submit their product to the board.
We must quickly restore confidence in the U.S. mortgage securities if
we are to stabilize our housing markets and enable families to
refinance their expensive loans. To do this, we must certify the
quality and content of our mortgage securities and enable those markets
working again to create liquidity and lending. This is why it is urgent
to create the Federal Board of Certification for mortgage securities.
This legislation would create a ``good housekeeping seal of approval''
for the mortgage security industry and certify that the mortgage
products are in fact what they claim to be. Accordingly, I call on
Congress to take up and adopt this commonsense amendment as
expeditiously as possible.
I encourage my colleagues to strongly support the creation of the
Federal Board of Certification. This legislation will restore trust in
U.S. financial markets and mortgage securities which will help American
businesses and ultimately, most crucially, American families.
____________________
NOMINATION OF MICHAEL E. O'NEILL
Mr. SPECTER. Mr. President, I now ask consent that my next remarks be
labeled nomination of Michael E. O'Neill for the United States District
Court for the District of Columbia.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. SPECTER. I am pleased to submit my very strong recommendation to
my colleagues to confirm the nomination of Michael E. O'Neill for the
District Court for the District of Columbia. The President submitted
his name last Thursday. I had tried to come to the floor to speak at
that time but could not do so.
I am pleased to do so now. Michael O'Neill has an extraordinary
record. He graduated summa cum laude from Brigham Young University and
received his law degree from Yale Law School. He was editor of the
Articles and Book Reviews of the Yale Law Journal; and Articles Editor
of the Yale Journal on Regulation.
He served as a law clerk to Judge David Sentelle and clerked for the
Supreme Court of the United States for Justice Clarence Thomas.
I ask unanimous consent that his full resume be included in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Michael E. O'Neill
United States District Court for the District of Columbia
Birth: 1962, Wisconsin.
Legal Residence: Maryland.
Education: B.A., summa cum laude, Brigham Young University,
1987; J.D., Yale Law School, 1990--Editor of Articles and
Book Reviews, Yale Law Journal; Articles Editor, Yale Journal
on Regulation.
Employment: Law Clerk, Honorable David B. Sentelle, United
States Circuit Judge for the District of Columbia Circuit,
1990-1991; Litigation Counsel, Honors Program, Appellate
Section, Criminal Division, U.S. Department of Justice, 1991-
1994; Special Assistant United States Attorney, United States
Attorney's Office for the District of Columbia, 1993; Special
Counsel, Detailee from Dept. of Justice, Senate Judiciary
Committee, Senator Orrin Hatch, 1994-1996; Law Clerk,
Honorable Clarence Thomas, United States Supreme Court, 1996-
1997; General Counsel, Senate Judiciary Committee, Senator
Orrin Hatch, 1997-1998; Associate Professor of Law, George
Mason University School of Law, 1998-present; Commissioner,
United States Sentencing Commission, 1999-2005; Chief Counsel
and Staff Director, Senate Judiciary Committee, 2005-2007.
Mr. SPECTER. It is especially worthwhile to have Mr. O'Neill
confirmed because of the example it sets for people who come to
undertake public service. Mr. O'Neill served on the Judiciary Committee
for a protracted period of time. When Senator Hatch was the Chairman,
he was special counsel from 1994 to 1996 and general counsel from 1997
to 1998, before he became associate professor of law at George Mason
University School of Law; and he served as chief counsel and staff
director for the 2 years I served as Chairman of the Judiciary
Committee.
I do not need a resume to tell people how competent he is and how
public spirited he is and what an outstanding Federal judge he would
make.
There have been quite a number of situations where people working on
the Judiciary Committee have gone on to Federal judgeships. I think it
is a very healthy thing to have that as a motivation to come for public
service. People have come to serve on the Judiciary Committee, leaving
jobs making half a million dollars or more for $100,000. The public
service is so important that it is exemplary to give them this
recognition to motivate our people to come to take these jobs.
One example I would note is Stephen Breyer, who was special counsel
and chief counsel to the Senate Judiciary Committee back in 1980 for
then-Chairman Ted Kennedy. Mr. Breyer was then appointed on the First
Circuit and is now on the Supreme Court of the United States.
I ask unanimous consent that this table be included in the Record
showing the movement of people who have served on the Judiciary
Committee and the jobs which they have taken in other Federal
positions.
There being no objection, the material was ordered to be printed in
the Record, as follows:
----------------------------------------------------------------------------------------------------------------
Previous Nomination Date Date
Name position(s) Senator position nominated confirmed
----------------------------------------------------------------------------------------------------------------
Beryl Howell.................. General Counsel, Leahy............ U.S. Sentencing 1/9/2007 2/28/2007
U.S. Senate Commission.
Judiciary
Committee.
Stephen Breyer................ Special Counsel, Kennedy.......... Judge, First 11/13/1980 12/9/1980
U.S. Senate Circuit.
Judiciary
Committee.
............................ ............... ............... (Breyer Later 5/17/1994 8/3/1994
Nominated)
Associate
Justice,
Supreme Court
\1\.
Paul D. Clement............... Chief Counsel, Ashcroft......... Solicitor 3/14/2005 6/8/2005
U.S. Senate General,
Judiciary Department of
Subcommittee on Justice.
the
Constitution,
Federalism and
Property Rights.
Sharon Prost.................. Chief Counsel.... Hatch............ Judge, U.S. 5/21/2001 9/21/2001
Court of
Appeals,
Federal Circuit.
Paul Redmond Michel........... Counsel/ Specter.......... Judge, U.S. 12/19/1987 2/29/1988
Administrative Court of
Assistant. Appeals,
Federal Circuit.
Randal Ray Rader.............. Chief Counsel, Hatch............ Judge, U.S. 6/12/1990 8/3/1990
Senate Judiciary Court of
Committee, Appeals,
Subcommittee on Federal Circuit.
the
Constitution,
1981-1986
Counsel to U.S.
Sen. Orrin G.
Hatch, 1981-1988
Chief Counsel/
Minority Staff
Director, Senate
Judiciary
Committee,
Subcommittee on
Patents,
Trademarks and
Copyrights, 1987-
1988.
Ralph K. Winter, Jr........... Consultant, U.S. Ervin............ Judge, Second 11/18/1981 12/9/1981
Senate Judiciary Circuit.
Committee,
Subcommittee on
Separation of
Powers (1968-
1972).
Emory Sneeden................. Chief Minority Thurmond......... Judge, Fourth 8/1/1984 10/4/1984
Counsel, U.S. Circuit.
Senate Judiciary
Subcommittee on
Antitrust and
Monopoly (1979-
1981).
Dennis W. Shedd............... Counsel.......... Thurmond......... Judge, District 10/17/1990 10/27/1990
of South
Carolina.
Judge, Fourth
Circuit.
(Shedd Later 5/9/2001 11/19/2002
Nominated)
Judge, Fourth
Circuit.
Edward J. Damich.............. Chief Hatch............ Judge, United 9/29/1998 10/21/1998
Intellectual States Court of
Property, Federal Claims.
Counsel for the
Senate Judiciary
Committee.
Lawrence Baskir............... Chief Counsel and Ervin............ Judge, United 1/7/1997 10/21/1998
Staff Director States Court of
to the Federal Claims.
Constitutional
Rights
Subcommittee of
the Senate
Judiciary
Committee.
[[Page 13313]]
Reed O'Connor................. Counsel, U.S. Hatch/Cornyn..... Judge, Northern 6/27/2007 11/16/2007
Senate Judiciary District of
Committee. Texas.
Terry Wooten.................. Chief Counsel, Thurmond......... Judge, District 6/18/2001 11/8/2001
U.S. Senate of South
Judiciary Carolina.
Committee.
Dee Vance Benson.............. Counsel, U.S. Hatch............ Judge, District 5/16/1991 9/12/1991
Senate Committee of Utah.
on the
Judiciary,
Subcommittee on
the
Constitution,
1984-1986 Chief
of staff, U.S.
Sen. Orrin
Hatch, 1986-1988.
Kristi DuBose................. Chief Counsel Sessions......... Judge, Southern 9/28/2005 12/21/2005
(1997-1999). District of
Alabama.
Henry Michael Herlong......... Legislative Thurmond......... Judge, District 4/9/1991 5/9/1991
Assistant. of South
Carolina.
Mary McLaughlin............... Chief Counsel, Specter.......... Judge, Eastern 3/9/2000 5/24/2000
Subcommittee on District of
Terrorism, Pennsylvania.
Technology and
Government,
Committee on the
Judiciary (1995).
Patti Saris................... Staff Counsel, Kennedy.......... Judge, District 10/27/1993 11/20/1993
U.S. Senate of
Judiciary Massachusetts.
Committee, 1979-
1981.
Nora M. Manella............... Counsel to the Tunney........... Judge, Central 3/31/1998 10/21/1998
Subcommittee on District of
the Constitution California.
of the U.S.
Senate Judiciary
Committee (1976-
1978).
Brett Tolman.................. Counsel.......... Specter.......... U.S. Attorney, 6/9/2006 7/21/2006
District of
Utah.
William Walter Wilkins........ Legal Assistant.. Thurmond......... U.S. Attorney, 5/7/2008 6/4/2008
District of
South Carolina.
Bennett William Raley......... Chief Counsel, Brown............ Assistant 5/24/2001 7/12/2001
U.S. Senate Secretary of
Judiciary the Interior
Subcommittee on for Water and
the Science.
Constitution,
Federalism and
Property Rights
(1995).
Anthony Lowe.................. Senior DeWine........... Federal 3/22/2002 7/25/2002
Legislative Insurance
Counsel, U.S. Administrator,
Senate Judiciary Federal
Subcommittee on Emergency
Antitrust, Management
Competition and Agency.
Business Rights.
Lee Sarah Liberman Otis....... Chief Counsel, Hatch............ General Counsel, 4/25/2001 5/24/2001
U.S. Senate Department of
Judiciary Energy.
Subcommittee on
Immigration.
Jon D. Leibowitz.............. Chief Counsel and Kohl/Simon....... Commissioner, 9/10/2004 11/21/2004
Staff Director, Federal Trade
U.S. Senate Commission.
Judiciary
Subcommittee on
Antitrust,
Business Rights
and Competition.
Ray Kethledge................. Counsel.......... Abraham.......... Judge, Sixth 3/19/2007 pending
Circuit.
----------------------------------------------------------------------------------------------------------------
\1\ Stephen Breyer's nomination was particularly remarkable because he was nominated by President Carter on
November 13, 1980, after Carter had lost the election to Ronald Reagan. Senate Democrats, who had just lost
control of the Senate, held a swift confirmation vote on Breyer during a lame duck session on December 9,
1980.
Mr. SPECTER. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Cardin). The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REID. Madam President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER (Ms. Stabenow). Without objection, it is so
ordered.
____________________
UNANIMOUS-CONSENT REQUEST--H.R. 3540
Mr. REID. I ask unanimous consent the Senate Finance Committee be
discharged from further consideration of H.R. 3540 and the Senate
proceed to its consideration now; further, that a Baucus substitute at
the desk, which is a 6-month FAA extension and a highway trust fund
fix, be agreed to, the bill as amended be read a third time and passed,
and the motion to reconsider be laid on the table with no intervening
action or debate.
I would say, before I hear from my distinguished colleague, the
junior Senator from Arizona, that I, of course, would rather be asking
consent to finish the whole FAA bill, the complete bill. This is a 6-
month extension, which is so important. The Highway Trust Fund is also
upside-down. It is out of money. This would extend the FAA bill for 6
months, which is important. There are so many more things in that bill.
In fact, I have spoken to the President's Chief of Staff on how
important the FAA bill is.
But at this stage we have some problems. So, anyway, we have gone for
a 6-month extension and doing something to fix the highway trust fund.
That is what this consent agreement is all about.
The PRESIDING OFFICER. Is there objection?
Mr. KYL. Madam President, reluctantly, on behalf of Senator DeMint, I
will object at this time. I expect--I know the majority leader has
talked with our staff, as well--the issues that are relating to this
can be worked out in a relatively--obviously, before the end of this
week, we hope.
The PRESIDING OFFICER. Objection is heard.
____________________
TRIBUTE TO BARDSTOWN/LOUISVILLE ARCHDIOCESE
Mr. McCONNELL. Madam President, this year marks the celebration of
the 200th anniversary of the Diocese of Bardstown, which was
established in Kentucky as one of the oldest dioceses in the country.
Pope Pius VII carved it from one of the oldest dioceses in the New
World.
The territory of the Bardstown Diocese once covered a giant swath of
land, including what are now the States of Kentucky, Tennessee, Ohio,
Indiana, Illinois, Michigan, Iowa, Wisconsin, Missouri, and half of
Arkansas.
The Bardstown Diocese was established alongside the dioceses of
Boston, Philadelphia and New York. Its seat was eventually moved to
Louisville, Kentucky, and made an archdiocese. But its place in the
history of American Catholicism continues to be a point of pride across
Kentucky.
Kentuckians celebrate this bicentennial throughout the year at the
St. Thomas Church, considered the ``Cradle of Catholicism'' in the
Bluegrass State and still located in Bardstown. A two-story log house
that stands on St. Thomas property is the oldest structure related to
the Catholic faith in our region of the United States.
Built in 1795 by Thomas and Ann Howard, the property was willed to
the church by Mr. Howard in 1810, and it became the first home of the
St. Thomas Seminary, the first seminary west of the Alleghenies. It
later served as the residence of Bishop Benedict Joseph Flaget, first
bishop of the Bardstown Diocese.
Bishop Flaget and others who worked to establish the Bardstown
Diocese were pioneers of the land as well as of the spirit. Kentucky
was the western frontier of the young United States at that time, and
frontier life posed many hardships.
But the diocese survived and thrived, and the visit of Pope Benedict
XVI to the United States earlier this year was timed to coincide with
its anniversary.
Madam President, Kentucky is proud to include one of the oldest
outposts of faith and freedom in America. I ask unanimous consent that
a story from the Louisville Courier-Journal about the celebration of
the Bardstown Diocese's anniversary be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the Louisville Courier-Journal, Apr. 9, 2008]
Catholics Celebrate Kentucky Bicentennial, Bardstown Events Mark 200
Years
(By Peter Smith)
Bardstown, Ky.--Dorothy Ballard and her sister Martha
Willett have been coming to St. Thomas Church, considered the
``cradle of Catholicism'' in Kentucky, all their lives.
Their parents were married there in 1920, and ``all of the
children have been baptized here, made the first Communion
here, confirmed here,'' and several of them have been buried
from the parish, Ballard said.
So they weren't missing yesterday morning's Mass that began
a daylong celebration of the bicentennial of the Archdiocese
of Louisville, where about 150 people filled the historic
brick church.
``I feel real special that I'm part of this celebration,''
Ballard said.
Archbishop Joseph E. Kurtz presided at the Mass.
``We pause and give thanks to the Lord for these 200 years
of blessed presence of the church within our Central
Kentucky, and we ask the Lord to continue to bless us as we
move forward,'' he said.
The archdiocese also marked the bicentennial yesterday with
services at the Cathedral of the Assumption in downtown
Louisville
[[Page 13314]]
and at the Basilica of St. Joseph Proto-Cathedral in
Bardstown.
St. Thomas was chosen to lead off the celebration because
the log house that still stands on its property once was the
modest capital of frontier Catholicism.
Pope Pius VII created the Diocese of Bardstown on April 8,
1808, along with those in Boston, New York and Philadelphia.
Previously, the diocese of Baltimore had covered the entire
new American republic.
The Bardstown diocese originally spanned the entire
frontier area between the Alleghenies and the Mississippi
River, and between the Great Lakes and Tennessee.
The seat of the Bardstown diocese eventually was moved to
Louisville, which later became an archdiocese. Its original
territory is now divided into more than 40 dioceses across 10
states.
The Rev. Steve Pohl, pastor of St. Thomas, said he and many
parishioners trace their roots to those pioneer days, when
Catholic families of English descent migrated from Maryland
to Kentucky in search of better land. They were served by
priests fleeing persecution that followed the French
Revolution.
Their settlements in Nelson, Washington and Marion counties
gave the region the nickname ``the Holy Land,'' as attested
to by such enduring biblical place names as Holy Cross,
Gethsemani and Nazareth.
St. Thomas is home to a recently restored log home, owned
by Catholic farmers Thomas and Ann Howard and given to the
church as a base for the growing diocese.
The diocese's first bishop, Benedict Joseph Flaget, lived
there for several years, and the house also was host for
Kentucky's first Catholic seminary and the first nuns in the
Sisters of Charity of Nazareth.
``I'm really in joy about today,'' said John Cissell, who
traces his roots to early Catholic settlers here. His father
was long active in the church and is buried in the cemetery
on the church grounds.
``I just feel like I'm carrying on a tradition,'' he said.
Pohl, whose ancestors also include an early settler, said
the parish is holding a reunion this summer of descendents of
Maryland Catholics who settled in Kentucky in the early
years.
Pope Benedict XVI will recognize the bicentennials of
Louisville's and other historic dioceses at a Mass at Yankee
Stadium in New York on April 20.
The archdiocese also plans a large celebration at Slugger
Field in Louisville this summer.
____________________
SALUTE TO ``CORM & THE COACH''
Mr. LEAHY. Madam President, it is my privilege today to salute
Vermont radio personalities Steve Cormier and Tom Brennan, best known
to Vermonters as the morning team ``Corm & the Coach'' on Champ 101.3.
Sixteen years ago, University of Vermont basketball coach Tom Brennan
made a guest radio appearance on Steve Cormier's radio show. The two of
them hit it off, not only as a duo, but with listeners. What started as
a guest spot ended up becoming an extremely popular morning radio show
for 16 years.
Recently, Coach Brennan decided to go out on top, as he did when he
retired from the University of Vermont following three consecutive
America East Conference championships. ``Corm & the Coach'' will air
for the final time on Wednesday, July 2, 2008. Fortunately for
Vermonters, Corm will remain on the air, continuing to keep us both
entertained and informed, and Coach Brennan will continue to provide
expert college basketball analysis on ESPN.
I have had the good fortune to appear on ``Corm & the Coach'' many
times, and thought it important to take this opportunity to extend my
appreciation to both of them. In honor of a great 16 years of ``Corm &
the Coach,'' I ask unanimous consent that the article by Mike Donoghue
of the Burlington Free Press, Corm To Carry On, Without The Coach, be
printed in the Record.
There being no objection, the material was ordered to be printed in
The Record as follows:
[From the Burlington Free Press, June 11, 2008]
Corm To Carry on, Without the Coach
(By Mike Donoghue)
``Corm and the Coach,'' the popular morning drive-time
radio show that helped thousands of Champlain Valley
listeners wake up for almost 16 years, will sign off July 2.
Tom Brennan, who retired as the University of Vermont men's
basketball coach in 2005, plans to leave local radio next
month, he and co-host Steve Cormier said Tuesday.
``I'm just really tired. I just don't want to turn into a
cranky old man,'' Brennan said.
``I tried to make things better for people,'' he said. ``I
just knew it was time for me to pack it in. I'm very
appreciative of the faithful listeners. It was really nice
when you would hear from them that we had helped make their
day,'' he said.
Cormier, who is also program director at WCPV-FM, will
continue to do the morning show.
Cormier said more details will be released this morning on
the ``Corm and the Coach'' show, which airs Monday through
Friday from 5 to 9 a.m. on Champ 101.3 (WCPV-FM) in
Colchester and 102.1 in Randolph. ``The Best of Corm and the
Coach'' is part of the Saturday morning broadcasts.
Brennan will continue to work as an in-studio basketball
analyst for ESPN, which he joined in 2005.
Cormier said Brennan's departure has nothing to do with the
pending sale of the station by Clear Channel to Vox
Communications this summer. The sale is expected to be
completed by midsummer, Cormier said.
``He's just tired. Tom said if it was an afternoon show, it
would be fine, but getting up at 4 a.m. is not,'' Cormier
said. ``I got him 10 more years than I thought I would.''
``Corm and the Coach'' began with Brennan stopping by to do
morning sports reports, but blossomed into one of the highest
rated local shows through the years.
During the show, Brennan has enjoyed providing wake-up
calls to bleary-eyed opposing coaches, members of the media
and other newsmakers. He read his poetry about current events
over the airwaves and is in demand as a public speaker and
master of ceremonies. The show has supported a number of
charities, including its own golf tournament.
Brennan coached the Catamounts for 19 years. The team won
the America East championships and made NCAA tournament
appearances in his final three seasons. The highlight of his
career was UVM's upset of Syracuse in the 2005 NCAAs.
Cormier said the initial game plan is to continue the show
with producer Carolyn ``Burkie'' Lloyd until the new owners
take over, at which time discussions will be held. He said
guest celebrities might be asked to co-host.
``All good things must come to an end,'' Cormier said.
____________________
PAYMENTS TO PHYSICIANS
Mr. GRASSLEY. Madam President, I started looking at the financial
relationships between physicians and drug companies several years ago.
I first began this inquiry by examining payments to individuals who
served on FDA's Advisory Boards. More recently, I began looking at
payments from drug companies to professors at our nation's medical
schools and more specifically at the payments from Astra Zeneca to a
professor of psychiatry at the University of Cincinnati.
I then moved on to look at several psychiatrists at Harvard and Mass
General Hospital. These physicians are some of the top psychiatrists in
the country, and their research is some of the most important in the
field. They have also taken millions of dollars from the drug companies
and failed to report those payments accurately to Harvard and Mass
General.
For instance, in 2000 the National Institutes of Health awarded one
Harvard physician a grant to study atomoxetine in children. At that
time, this physician disclosed that he received less than $10,000 in
payments from Eli Lilly which makes Straterra, a brand name of
atomoxetine. But Eli Lilly reported that it paid this same physician
more than $14,000 for advisory services that year--a difference of at
least $4,000.
I would now like to report what I have found out about another
researcher--Dr. Alan Schatzberg at Stanford. In the late nineties, Dr.
Schatzberg helped to start a company called Corcept Therapeutics--Dr.
Schatzberg is a copatent owner on a drug developed by Corcept. That
company applied to the Food and Drug Administration for approval to
market Mifepristone for psychotic depression.
Dr. Schatzberg is a well-known psychiatrist and has received several
grants from the National Institutes of Health to study Mifepristone.
While Dr. Schatzberg has reported some of his income from Corcept
Therapeutics to Stanford, he did not report a profit of $109,179 from
the sale of 15,597 shares of Corcept stock on August 15, 2005 because
he was not required to do that under Stanford's rules.
But if it is not required by Stanford, I submit to you that it should
be. Why? Because in his Stanford disclosures, Dr. Schatzberg only had
to report whether he had more than $100,000 of stock in Corcept
Therapeutics. However, his filings with the U.S. Securities and
Exchange Commission show that he has
[[Page 13315]]
control of 2,738,749 shares of Corcept stock worth over $6 million.
In addition, in 2002 Dr. Schatzberg did not report any income from
Johnson & Johnson, but the company reported to me that it paid Dr.
Schatzberg $22,000 that year. And in 2004, Dr. Schatzberg reported
receiving between $10,000-$50,000 from Eli Lilly. But Eli Lilly
reported to me that they paid Dr. Schaztberg over $52,000 that year.
Before closing, I would like to say that Stanford has been very
cooperative in this investigation, as have been many of the drug
companies. I ask unanimous consent to have my letter to Stanford
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Committee on Finance,
Washington, DC, June 23, 2008.
Dr. John L. Hennessy,
President, Stanford University, Office of the President,
Stanford, CA
Dear Dr. Hennessy: First, I would like to thank you again
for working with me to lower student tuition at Stanford
University (Stanford/University). It was a great leap forward
in the effort to help students afford a quality education.
Next, I would like to bring several other issues to your
attention regarding Stanford, its conflict of interest
policies, and a particular faculty member at your University.
As you know, the United States Senate Committee on Finance
(Committee) has jurisdiction over the Medicare and Medicaid
programs and, accordingly, a responsibility to the more than
80 million Americans who receive health care coverage under
these programs. As Ranking Member of the Committee, I have a
duty to protect the health of Medicare and Medicaid
beneficiaries and safeguard taxpayer dollars appropriated for
these programs. The actions taken by thought leaders, like
those at Stanford, often have a profound impact upon the
decisions made by taxpayer funded programs like Medicare and
Medicaid and the way that patients are treated and taxpayer
funds expended.
Moreover, and as has been detailed in several studies and
news reports, funding by pharmaceutical companies can
influence scientific studies, continuing medical education,
and the prescribing patterns of doctors. Because I am
concerned that there has been little transparency on this
matter, I have sent letters to almost two dozen research
universities across the United States regarding about 30
physicians. In these letters, I asked questions about the
conflict of interest disclosure forms signed by some of their
faculty. As you know universities like Stanford require
doctors to report their related outside income. But I am
concerned that these requirements are sometimes disregarded.
I have also been taking a keen interest in the almost $24
billion annually appropriated to the National Institutes of
Health (NIH) to fund grants at various institutions such as
Stanford. Institutions are required to manage a grantee's
conflicts of interest. However, I am learning that this task
is made difficult because physicians do not consistently
report all the payments received from drug companies.
To bring some greater transparency to this issue, Senator
Kohl and I introduced the Physician Payments Sunshine Act
(Act). This Act will require drug companies to report
publicly any payments that they make to doctors, within
certain parameters.
I am also writing to assess the implementation of financial
disclosure policies at Stanford University. In response to my
letter of October 25, 2007, Stanford provided me with copies
of the financial disclosure reports that Dr. Alan Schatzberg
filed during the period of January 2000 through June 2007.
My staff investigators carefully reviewed each of Dr.
Schatzberg's disclosure forms and detailed the payments
disclosed. Subsequently, I asked that Stanford confirm the
accuracy of the information. In March 2008, Stanford's Vice
Provost and Dean of Research provided clarifications and
additional information from Dr. Schatzberg pursuant to my
inquiry.
In addition to obtaining information from Stanford, I also
contacted executives at several major pharmaceutical and
device companies and asked them to list the payments that
they made to Dr. Schatzberg during the years 2000 through
2007. These companies voluntarily and cooperatively reported
additional payments that do not appear to have been disclosed
to Stanford by Dr. Schatzberg. For instance, in 2002 Dr.
Schatzberg did not report any income from Johnson & Johnson,
but the company reported to me that it paid Dr. Schatzberg
$22,000 that year. And in 2004, Dr. Schatzberg reported
receiving between $10,000-$50,000 from Eli Lilly. But Eli
Lilly reported to me that they paid Dr. Schatzberg over
$52,000 that year.
Because these disclosures do not match, I am attaching a
chart intended to provide to Stanford a few examples of the
data reported to me. This chart contains columns showing the
payments disclosed in the forms Dr. Schatzberg filed with
Stanford and the amounts reported by several drug and device
companies.
The lack of consistency between what Dr. Schatzberg
reported to Stanford and what several drug companies reported
to me seems to follow a pattern of behavior. More
specifically, I have uncovered inconsistent reporting
patterns at the University of Cincinnati, and at Harvard
University and Mass General Hospital.
Institutional and NIH Policies
Let me now turn to another matter that is of concern.
Stanford requires every faculty member to make an annual
disclosure related to both conflict of commitment (where no
financial information is requested), and conflict of
interest. As noted to me in your letter dated March 14, 2008,
``It is our obligation to avoid bias in research, including
that conducted with federal funds.''
Based upon the information provided to me to date, Stanford
has a zero dollar threshold for disclosures for research
involving human subjects. Faculty members are required to
disclose a range of amounts received from outside
relationships that are related to a faculty member's research
activities (such as participation on advisory boards or
boards of directors, or consulting). In most instances, the
University's standard for a significant financial interest is
whether the faculty member received $10,000 or more in
income, holds $10,000 or more in equity for publicly traded
companies, or has any equity in the company in the event the
company is privately held.
Further, federal regulations place several requirements on
a university/hospital when its researchers apply for NIH
grants. These regulations are intended to ensure a level of
objectivity in publicly funded research, and state in
pertinent part that NIH investigators must disclose to their
institution any ``significant financial interest'' may appear
to affect the results of a study. NIH interprets
``significant financial interest'' to mean at least $10,000
in value or 5 percent ownership in a single entity.
Again based upon the information provided to me, it appears
that Stanford takes failures to report outside income quite
seriously. As noted in your correspondence dated March 14,
2008, ``It is our obligation to avoid bias in research,
including that conducted with federal funds.'' You then
described a Stanford investigation conducted in 2006
regarding a researcher who failed to report gifts, meals and
trips from a device company. That faculty member was later
terminated.
Based upon information available to me, it appears that Dr.
Schatzberg received numerous NIH grants to conduct studies
involving Mifepristone for treating depression. Corcept
Therapeutics, a publicly traded company, has applied to the
Food and Drug Administration for approval to market
Mifepristone for psychotic depression. These grants funded
studies during the years 2000 through 2007 that examined the
treatment of psychotic major depression using Mifepristone.
During these years, Dr. Schatzberg, consistent with
Stanford's conflict policy, disclosed to Stanford a financial
relationship with Corcept Therapeutics (Corcept) including
stock ownership of over $100,000 and payments for activities
including its Board of Directors, Advisory Board Membership,
consulting, licensing agreements, and royalties. According to
his disclosures, these payments were between $50,000 to
$100,000 in the years 2003 through 2005, and between $10,000
to $50,000 in the years 2001, 2002, 2006, and 2007.
However, it appears based upon the information available,
Dr. Schatzberg did not and was not required to report a
profit of $109,179 from the sale of 15,597 shares of Corcept
stock on August 15, 2005. This transaction is found in his
publicly available filings with the U.S. Securities and
Exchange Commission (SEC). Earlier that year, Dr. Schatzberg
began enrolling an estimated 100 patients for a clinical
trial, sponsored by the NIH, to evaluate Mifepristone to
treat psychotic depression.
Further, while Dr. Schatzberg appropriately disclosed to
Stanford that his stock shares were valued at over $100,000,
I am not certain that this number captures the stocks' true
value. Dr. Schatzberg carries an equity interest in Corcept
with over 2 million shares of stock. For instance, as of
January 31, 2008, he reported to the SEC that he held
2,438,749 shares of Corcept stock, with sole voting power for
2,738,749 shares. On June 12, 2008, Corcept stock closed at
$2.24 a share, meaning that his stock is potentially worth
over $6 million. Obviously, $6 million is a dramatically
higher number than $100,000 and I am concerned that Stanford
may not have been able to adequately monitor the degree of
Dr. Schatzberg's conflicts of interest with its current
disclosure policies and submit to you that these policies
should be re-examined.
In light of the information set forth above, I ask your
continued cooperation in examining conflicts of interest. In
my opinion, institutions across the United States must be
able to rely on the representations of its faculty to ensure
the integrity of medicine, academia, and the grant-making
process. And the NIH must rely on strong institutional
conflict of interest policies to ensure the integrity of the
grant making process. At the
[[Page 13316]]
same time, should the Physician Payments Sunshine Act become
law, institutions like yours will be able to access a
database that will set forth the payments made to all
doctors, including your faculty members.
Accordingly, I request that Stanford respond to the
following questions and requests for information. For each
response, please repeat the enumerated request and follow
with the appropriate answer.
1. For each of the NIH grants received by Dr. Schatzberg,
please confirm that he reported to Stanford University's
designated official ``the existence of [a] conflicting
interest.'' Please provide separate responses for each grant
received for the period from January 1, 2000 to the present,
and provide any supporting documentation for each grant
identified.
2. For each grant identified above, please explain how
Stanford ensured ``that the interest has been managed,
reduced, or eliminated.'' Please provide an individual
response for each grant that Dr. Schatzberg received from
January 2000 to the present, and provide any documentation
supporting each claim.
3. Did Dr. Schatzberg violate any federal or Stanford
policies by not revealing his stock sale in 2005? If not, why
not?
4. Is Stanford considering any changes in its disclosure
policies to more fully capture the degree of a conflict when
a faculty member owns shares in a company that are in excess
of $100,000?
5. Please report on the status of any possible reviews of
research misconduct and/or discrepancies in disclosures by
Dr. Schatzberg, including what action if any will be
considered.
6. Please report if a determination can be made as to
whether or not Dr. Schatzberg violated guidelines governing
clinical trials and the need to report conflicts of interest
to an institutional review board (IRB). Please respond by
naming each clinical trial for which the doctor was the
principal investigator, along with confirmation that
conflicts of interest were reported, if possible.
7. Please provide a total dollar figure for all NIH monies
received annually by Stanford University. This request covers
the period of 2000 through 2007.
8. Please provide a list of all NIH grants received by
Stanford University. This request covers the period of 2000
through 2007. For each grant please provide the following:
a. Primary Investigator;
b. Grant Title;
c. Grant number;
d. Brief description; and
e. Amount of Award.
Thank you again for your continued cooperation and
assistance in this matter. As you know, in cooperating with
the Committee's review, no documents, records, data or
information related to these matters shall be destroyed,
modified, removed or otherwise made inaccessible to the
Committee.
I look forward to hearing from you by no later than July
xx, 2008. All documents responsive to this request should be
sent electronically in PDF format to Brian_Downey@finance-
rep.senate.gov. If you have any questions, please do not
hesitate to contact Paul Thacker at (202) 224-4515.
Sincerely,
Charles E. Grassley,
Ranking Member.
SELECTED DISCLOSURES BY DR. SCHATZBERG AND RELATED INFORMATION REPORTED
BY PHARMACEUTICAL COMPANIES AND DEVICE MANUFACTURERS
------------------------------------------------------------------------
Disclosure filed Amount company
Year Company with Institution reported
------------------------------------------------------------------------
2000............ Bristol Myers No amount provided $1,000
Squibb.
Eli Lilly......... No amount provided $10,070
2001............ Bristol Myers No amount provided $4,147
Squibb.
Corcept >$10,000<$50,000 a n/a
Therapeutics.
Eli Lilly......... No amount provided $10,788
2002............ Bristol-Myers Not reported...... $2,134
Squibb.
Corcept >$100,000 b....... n/a
Therapeutics.
Corcept <$10,000 c........ n/a
Therapeutics.
Corcept <$10,000 d........ n/a
Therapeutics.
Eli Lilly......... No amount provided $19,788
Johnson & Johnson. Not reported...... $22,000
2003............ Bristol-Myers No amount provided $4,000
Squibb.
Corcept <$10,000 e........ n/a
Therapeutics.
Corcept >$10,000<$50,000 f n/a
Therapeutics.
Corcept >$100,000 g....... n/a
Therapeutics.
Corcept <$10,000 h........ nfa
Therapeutics.
Corcept <$10,000 i........ n/a
Therapeutics.
Eli Lilly......... No amount provided $18,157.34
j.
2004............ Bristol-Myers <$10,000.......... $0.00
Squibb.
Corcept >$10,000<$50,000a. n/a
Therapeutics.
Corcept >$100,000 g....... n/a
Therapeutics.
Eli Lilly......... >$10,000<$50,000 k $52,134
Pfizer............ Not reported...... $2,500
2005............ Bristol-Myers <$10,000.......... $0
Squibb.
Corcept >$10,000<$50,000 a n/a
Therapeutics.
Corcept >$100,000 g....... na
Therapeutics.
Eli Lilly......... >$10,000-<$50,000. $9,500
Pfizer............ No amount provided $2,000
2006............ Bristol-Myers Not reported...... l $6,000
Squibb.
Corcept <$10,000 h........ n/a
Therapeutics.
Corcept >$10,000<$50,000.. n/a
Therapeutics.
Corcept >$100,000 g....... n/a
Therapeutics.
Eli Lilly......... >$10,000<$50,000 m $20,500
Pfizer............ Not reported...... $300
2007............ Eli Lilly......... Not reported...... $10,063
------------------------------------------------------------------------
a Physician disclosed payment for Advisory Board Membership, Board of
Directors, and consulting.
b Physician disclosed payment for equity.
c Physician disclosed payment for serving as a Director, consultant.
d Physician disclosed payment for royalties.
e Physician disclosed payment for serving as a Advisory Board Member.
f Physician disclosed payment for consulting.
g Physician disclosed stock ownership.
h Physician disclosed payment for licensing agreement.
i Physician disclosed payment for serving as Director, Board of
Directors.
j Physician disclosed payment of <$10,000 for consulting, and did not
provide amounts received for research, grants and gift funding.
k Physician disclosed payment of <$10,000 for Advisory Board Membership,
and >$10,000<$50,000 for honoraria for papers or lectures, and
consulting.
l Bristol-Myers Squibb stated that Stanford intended to pay Dr.
Schatzberg $6,000 for conducting an annual course for which the
company provides a grant.
m Physician disclosed payment for serving as a Advisory Board Member and
consulting.
Note 1: When a Physician named a company in a disclosure but did not
provide an amount, the text reads ``no amount reported.'' When a
Physician did not list the company in the disclosure, the column reads
``not reported.'' The Committee contacted several companies for
payment information and the notation nla (not available) reflects that
a company was not contacted.
Note 2: The Committee was not able to estimate the total amount of
payments disclosed by Dr. Schatzberg during the period January 2000
through June 2007 due to the fact that some amounts were not provided
and in other instances ranges were used. Information reported by the
pharmaceutical companies indicate that they made additional payments
that are not reflected in his disclosures.
____________________
IDAHOANS SPEAK OUT ON HIGH ENERGY PRICES
Mr. CRAPO. Madam President, earlier this week, I asked Idahoans to
share with me how high energy prices are affecting their lives, and
they responded by the hundreds. The stories, numbering over 1,000, are
heartbreaking and touching. To respect their efforts, I am submitting
every e-mail sent to me through [email protected] to the
Congressional Record. This is not an issue that will be easily
resolved, but it is one that deserves immediate and serious attention,
and Idahoans deserve to be heard. Their stories not only detail their
struggles to meet everyday expenses, but also have suggestions and
recommendations as to what Congress
[[Page 13317]]
can do now to tackle this problem and find solutions that last beyond
today. I ask unanimous consent to have today's letters printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Mike, Thanks for the invitation to vent. Well, that is not
what you asked, but here goes. I'm one of those poor widows
living on Social Security supplemented by a little bit of
freelance writing, and energy costs are increasingly adding
to sleepless nights as I worry about how to keep going. Do
not cue the violins.
I agree with your points on increasing our energy
independence, and believe that we are indeed stewards of the
earth who will be held accountable by our Creator for how we
manage it. I contend that these two points are not mutually
exclusive, and who better than the great people of the United
States to figure out how to do it.
I'm also interested in understanding how futures markets
play into the increased cost of gasoline--anything you can
tell me about that? Further, how about drastic changes to the
red tape required to get nuclear plants up and running?
One last thing: If you have any influence with Senator John
McCain, please use it to encourage him to come up with an
aggressive energy policy post haste and present it to the
voters. If ever there were a time, this is it, and he needs
all the help he can get from those of us who are supporting
him out of common-sense duty rather than devotion. Help,
help.
Thanks for your ear and I hope this gets to you and not
only your staff.
Kathy.
____
Mike, My family and I are making choices to limit our
expenses as is rational, but we have means and discretionary
income to juggle. My wife who is a public school
administrator tells a different story regarding some of the
pupils she sees right now in her summer school programs. They
are showing up to school without breakfast, without a lunch,
and no money to even buy snacks. Her schools have not offered
free and reduced meals for summer school in the past (did not
need to), but are trying desperately to do so now. Their
parents, many of whom are working lower-paid jobs, are making
very hard choices.
Think of the lowest paid tier of workers in our economy.
They may not live in comfortable neighborhoods close to their
work. Often they drive cars that are affordable up front, but
get deplorable gas mileage thereafter. Forget insurance of
any kind. In an economy like ours where housing starts and
services are down, many of these fathers are working less
hours and driving further away to get them. The choices are
becoming untenable.
I realize that some of the hesitation to address energy in
America is part social engineering (which in my opinion is
the realm of the passive-aggressive and grossly
irresponsible), and part is Washington's age-old reluctance
to govern proactively rendering it ineffectual in matters
that matter. But, many of your constituents cannot coast
through this crisis until it sorts itself out. Worse, the
inaction of your colleagues gives us very little hope that
our crisis is temporary (if nothing changes, nothing
changes).
A perfect storm is brewing for our economy; government
needs to allow the free market and investors opportunities to
produce more energy. Aside from ANWR, there are plenty of
places in the lower 48 to bring online (as well as refining
capacity) to adress this muddle in less than 10 years. Tell
your colleagues to lead, follow, or get out of the way!
In the short-term we are going to see more foreclosures,
dependency on state and federal aid, and hospitals like ours
will see bad debt and charity care skyrocket. Not a time for
inaction. Thanks for your interest in this cause, I hope you
are able to rally the millionaire's club to some kind of
rational response.
Rev. Mark, Nampa.
____
You and Congress know what needs to be done. Drill now--
drill HERE! Join China and Cuba off our own shores and become
self reliant again. Start drilling in Anwar. Start drilling
in Montana. Start using the resources in Colorado in shale.
And build more refineries--and you--CONGRESS--loosen the
hurdles that make it impossible for anyone drilling and/or
building those refineries we need so desperately--loosen the
restrictions that hinder providing alternatives (such as
nuclear and solar). Stop wasting time telling ``stories''--
and loosen the restrictions that environmentalists have
shackled us with! Do your job.
Just let us become a self reliant nation again!
Dave.
____
Senator Crapo, This is a Republic! We elected you and you
fellow Congress men and women to represent us. So far all my
family has seen is a lot of incompetency! No one in Congress
has done anything to help the situation. Everyone is geared
up to their special interests so that they can get re-elected
to another term. You guys need to kick the lobbyist out of
the halls of Congress and start representing us. My family
cannot take trips to see fellow family members, an event that
takes place each year, because we cannot afford the fuel
costs. Put yourselves in a private room and figure this thing
out without any outside forces influencing you. If you cannot
do this, resign, and let us find someone who can. I
personally do not care if it is nuclear power or Anwar or
raising standards for the auto industry or rationing gas.
Protect our environment but try to get us out of this mess
and solve this problem. You guys are below President Bush in
positive polling.
Do not you get it???
Don, Star.
____
Dear Sir: My wife and I are retired and had planned to
enjoy our retirement years by traveling all over the great
state of Idaho and see the attractions we did not have time
to see when I was employed. This included taking our boat out
on the great lakes and rivers during Idaho's hot summers.
Now with the combination of high property taxes in Boise,
and high fuel prices, we are unable to realize our retirement
dreams. The property taxes are going to force us out of our
home in which we have lived for 15 years and the high fuel
prices will force us to stay at home.
We can no longer afford to take vacations to Yellowstone
and the other National Parks. We cannot visit my two sons
located in San Francisco and Texas. We cannot afford to drive
our diesel truck so our boat towing days in McCall are over
with.
The do nothing Congress has once again lived up to its name
with respect to energy. As you know, the US has huge oil
reserves off shore along both coastlines, huge deposits of
oil in the the Alaskan arctic, but the useless Congress will
not lift a finger to allow for exploration of this oil. This
forces us all to be held captive by the Middle East, Mexico,
and Venezuela since we are so dependent on their oil. The
Democrats in Congress place a higher value on politics and
listening to the tree hugger and special interest group
minorities than on the wishes of the vast middle class of
Americans who want the US to be more self sufficient in oil.
We have vast coal reserves which cannot be used for the
same reasons.
I am opposed to the use of nuclear power due to the nuclear
waste disposal problem and Congress reluctance to open Yucca
Flats.
Please--cannot you do something to allow drilling on our
own land to rid us of our dependency on the Middle East?
Yours truly,
Ed and Carol, Boise.
____
What's the matter with all the Bozos in Washington? As they
sit finely with all of their ``not hard-earned'' tax dollars
paying them for what? They sure have screwed up America.
Special interests, etc . . . We have our own energy sources
right here, right now. Let's use it. . . . NOW!!! The polar
bear is on the brink of extinction? I do not think so, since
their population has increased from 5000 to 35000 worldwide
in the last 25 years. Why we let the elite enviromentalists
erode our backbone in America is beyond me. Stupid
politicians have no idea what it means to live paycheck to
paycheck. I have no idea how I can afford furnace oil for
next winter. There is no way I can pay these prices for
furnace oil, let alone gasoline for the cars. It gets damn
cold here in the winter and last winter lasted like 9 months.
Tell those asses sitting on their asses to get off their
asses and open up our country to what we have available right
here. . . . Do I sound mad?? No kidding. . . . I am sick of
politicians being stupid. Time to stand up and take our
country back. Time to weed out the enemy within. Time to do
what we should do and be self sufficient as a country.
Maggie.
____
I could not agree with you more that Congress needs to get
moving and do something productive about our country's energy
plan. Should we increase our own domestic production--
absolutely. ANWR, offshore drilling etc should be used
immediately. Enough of the environmentalists blocking every
attempt to increase our own production. Nuclear power is a
no-brainer. We have the proven technology to produce clean
efficient fuel. Again, enough of the environmentalists trying
to block every move to store the nuclear waste. How many
100's of millions of dollars have already been spent on Yucca
Mountain to use it for the safe storage of nuclear waste--
let's use it!! Wind and solar are definitely alternatives but
being able to produce the quantity of power we need may not
be reality. Use them to supplement more reliable sources such
as Nuclear.
In summary it is time we take back our own country and for
Congress to do something--leading, not political bickering,
would be a refreshing idea.
Thank you
Dale, Meridian.
____
We do not want nuclear!!
Idaho is already a dumping ground. Nuclear is dirty, dirty
energy!
Nuclear waste issues must be resolved first.
[[Page 13318]]
Stick to wind, solar, clean and renewable energy.
Yvette.
____
Senator Crapo, Increased domestic oil production or an
expanded nuclear energy research are not the best directions
for Idaho or the country. If we are talking about the health
of our land and people then we should concentrate our
research dollars on technical innovation and alternative
energies. Just one outcome of technological innovation, the
Toyota Prius, has saved more oil in a few years then we would
get in over twenty years of drilling in the Arctic National
Wildlife Refuge. Idaho has incredible alternative resources
available. With thermal waters less than a mile below surface
throughout the state, we would be an excellent choice for
leading the nation in geothermal energy. We have desert areas
of the state where the sun shines almost 365 days a year, and
plains areas where we could harvest wind power.
We do not need lower gas taxes. We need better public
transportation. We need leadership that encourages
conservation. We need investment in education and research
that has the promise of providing a future for our children
that is not dependent on nations who do not have our best
interests in mind. We have always had independent minds in
Idaho. Lets have clean, sustainable energy independence as
well.
Patricia.
____
The rate of increase in fossil fuel cost is unprecedented
and demonstrates that the current administration and prior
congresses have failed the American Citizens and for that
matter the world by not properly addressing this issue. The
energy crises has been a long time in the making and many
good people, much of the scientific community and a rare
politician or two (i.e. Al Gore) have been trying to do
something.
I recently bought a home and am watching a minimum of $100/
week in fuel cost going to the moving. This has been going on
for a few months and will do so for a few more. I rarely take
trips from my home in the Lenore and Orofino area to Lewiston
to shop. It is just too expensive. Plus the cost of
everything else is ramping up due to the fuel cost increases.
It saddens me that so much profit is being realized by a few.
The economic profits are being controlled and directed to
those who also control the flow of public resources. This is
capitalism at its worst.
Throughout your career, you have demonstrated an
indifference to the problem and have associated yourself with
those who mischaracterized environmentalists rather than
working with them. Your rating by the League of Conservation
Voters is a paltry 13% for this year! Now you want to say you
are on the same side. Do you really think we can believe or
trust you? The biggest part of conservation is reducing
demand--not simply looking to pump up more carbon from
fragile environments. I think it would be best if you step
aside and allow a new generation of thinkers without your
baggage and not linked to pollution-generating industries to
take the lead.
If you truly want to see all America and the world prosper
in the future it will take a commitment on your part, to
accept a change in the cultures of people, corporations, and
government--away from use-up, me only, and profits as the
bottom line, to a sustainable economy within the framework of
a sustainable healthy environment. This, obviously, does not
detract from a major goal of this nation--the pursuit of
happiness. Happiness is a personal issue that is influenced
by outside factors. Consumerism has made many people believe
that more leads to happiness, but the experience of the last
half century should speak for itself. Some of the old values
such as free time, time with family and friends, having
simple hobbies, pursuing knowledge, etc are all examples of
low environmental impact ways to be happy.
I wish you the best in your retirement and commend you on
your career. Encourage your grandchildren to follow a new
path.
Tom.
____
As a travel writer and photographer, I am usually on the go
much of the time. It used to be nothing to travel a day or
two by car to go do a story somewhere for one of the many
magazines I write for. But now, due to the high cost of
gasoline, I've got to really look at the distances I have to
travel because of the high cost of gasoline. There are story
opportunities I have to turn down not because of the distance
itself, but because of the cost of gasoline to cover that
distance.
I am retired, so it is not about making a lot of money. If
my travel costs are less than what I'll be paid for the
articles and photography, I'll usually go do the story. It
has been like I'm always on vacation. But now, the travel
costs are becoming so expensive it's becoming harder every
day to except assignments that require extensive driving to
destinations to do the articles. My happy style of travel and
retirement are coming to a fast close because of gas prices.
My dream when I retired in 1998 was to see as much of the
United States as possible and be on the road exploring the
unique places I never got around to while I was working. I
thought I might even do a book like John Steinbeck did,
``Travels With Charlie'', and illustrate it with my
photography from around the United States. Well, that is down
the tubes as well.
Whenever I leave the house to go somewhere, I have to make
sure that I get three or four things done on the trip so as
not to waste gas. It has become a real struggle. I feel sorry
for the people that have to drive far every day to go to
work, it has got to be knocking them for a loop with the
price of gas what it is.
Jerry.
____
I think we desperately need an energy policy that will
utilize our own proven oil and gas reserves. I blame congress
in part for the current high energy prices due their
continually politicizing the adoption of a workable national
energy policy.
Mel, Boise.
____
I live in Ashton, Idaho, and drive to Idaho Falls to teach
at Idaho State University, so the cost of gas matters. Yet, I
also welcome the high costs of gasoline if it forces us to an
awareness of how destructive burning fossil fuels is and
forces us to change. I absolutely oppose more production of
fossil fuels, and urge you to take alternative energy sources
seriously: wind, solar, and support these with the kind of
subsidies you so easily give to agriculture. Above all, it is
time to do something about public transportation, especially
the restoration of rail services to rural areas, or support
for connecting Idaho to Portland/Denver. Give Idaho
transportation alternatives, rather than working within the
same addiction to automobiles and fossil fuels. My ``story''
is outrage that government has given so little thought to
alternatives.
Darrell.
____
Dear Senator Crapo, I strongly believe our efforts to
address these energy costs should be concentrated on getting
more use out of clean, renewable energy that is already
available. Most of us could go a great deal further in our
energy conservation efforts; incentives might help. There is
already a great deal available in wind and solar energy, I
think that with incentives to utilize them and research money
directed at improving them we can start to establish a
sustainable energy usage for the long term.
Increasing drilling in the United States will at most give
us a few years of additional oil, if that, at the cost of
possibly despoiling a beautiful natural zone and damaging
critical bird nesting habitat.
Increasing our use of nuclear power when we still have not
figured out a safe means of dealing with the waste is
similarly irresponsible over the long term.
I too have felt the high energy prices, but I do not think
they should be used as an excuse to increase our efforts in a
failed direction that is causing severe damage to the global
environment. It is time that we stop and consider how we can
move our energy policy in a different direction for our long-
term health.
Aria, Moscow.
____
I am a substitute teacher for School District #331 in
Minidoka County. I have been subbing for 13 years and, until
this last year, I worked mostly full days but the occasional
half day for teachers who, for various reasons, didn't need
to be gone all day. I will no longer go in for half days
because it is not economically feasible. We, as subs, are not
paid well anyway, and to only get half pay, with gas prices
like they are, is not possible anymore. I substitute at the
secondary level and there are two schools in Rupert that I
work at regularly, Minico High School is about ten minutes
away and West Minico Middle School is 20 minutes away. I do
not go to Minico or West much any more because of high gas
prices. I think we really need to ``drill here, drill now''
because something has got to give. Our wages are not going
up! Thank you for caring. . . .
Patty, Rupert.
____
We continue to build our economy on oil yet we can not
produce enough oil in this country for energy independence.
It wouldn't matter if we could, because we are capitalist. We
would just sell the oil on the global market.
We need to look at our current natural resource and use
them to our advantage. Brazil switched to sugarcane ethanol,
but corn is not the answer to the United States. Our natural
resource is coal and natural gas. We should concentrate on
making coal cleaner and switch our economy to electricity
powered by coal, hydro, nuclear, and wind (most likely in
that order). That is energy independence. Quit fighting for
something that doesn't exist.
Brent, Boise.
____________________
ADDITIONAL STATEMENTS
______
TRIBUTE TO JOSEPHINE LONG
Mr. DODD. Madam President, today I honor the career of
Josephine Long, a wonderful woman and extraordinary teacher. Ms. Long
has worked in the District of Columbia Public School System for 33
years, touching the lives
[[Page 13319]]
of hundreds of children. Ms. Long was born in Raleigh, NC, and moved to
Washington, DC, as a child. She has lived here ever since, raising two
daughters and two sons. Ms. Long received certification in early
childhood education from both Gallaudet University and Prince George's
Community College. Since then, Ms. Long has had a positive impact in
many classrooms, working for the majority of her career with special
needs children and for the past 2 years at the School-Within-School at
Peabody, a DC public school.
Colleagues have long admired Ms. Long for her optimistic attitude and
the special concern and attention she gave to her students with special
health concerns. Perhaps Ms. Long's most impressive strength as a
teacher was the respect she showed her students; she spoke to them and
treated them with maturity, sharing her life experiences, recounting
daily encounters, and listening intently when they shared their
thoughts as well. Ms. Long made her students laugh and was always
generous; every day, she shared her lunch cookies among 22 different
students.
As both a father and the chair of the Senate Subcommittee on Children
and Families, I know very well the importance of a quality education.
While many factors contribute to the success of our schools, perhaps
none can make more of a difference than a teacher with the ability to
connect with her students. Ms. Long did just that for more than 30
years, and I commend her for her dedication to the District of Columbia
Public School System. On behalf of all the students she has touched
over her many years of teaching, I thank her for her unwavering
commitment to the education of her students. I congratulate Josephine
on her retirement and wish her only the best in the years to
come.
____________________
TRIBUTE TO DANIEL SAFSEL
Mr. KERRY. Madam President, I would like to congratulate and
honor Daniel Safsel, a passionate fourth grader who raised the level of
environmental awareness at his elementary school. Daniel urged his
school newspaper, the Siwanoy Express, to stop printing and
distributing copies of its newsletter and to send it via email instead.
As a result of his efforts, the newspaper recently launched their first
trial run of the ``green'' express. Daniel should be extremely proud
that he was able to make a valuable contribution toward creating a
greener future.
Even though we are faced with a worldwide environmental crisis,
Daniel's actions show that young Americans can do their part in
ensuring that we live in a safer and cleaner environment. Students like
Daniel inspire and remind us all of the power of making our voices
heard.
I heartily applaud Daniel Safsel for his initiative in seeking to
make his community greener. He has demonstrated a level of commitment
and accomplishment that is truly extraordinary in today's world, and
deserves our sincere admiration and respect.
____________________
TRIBUTE TO LIEUTENANT COLONEL EDWARD M. FORTUNATO
Mr. LIEBERMAN. Madam President, I wish to publicly commend and
congratulate LTC Edward M. Fortunato, U.S. Army, upon his retirement
after 20 years of military service. I have come to know and respect
Lieutenant Colonel Fortunato over the past 3 years, during which time
he served as the congressional liaison for all Army aviation programs.
In this capacity, Lieutenant Colonel Fortunato was instrumental in
improving the understanding of Senators and staff concerning a myriad
of Army aviation issues, in particular the reinvestment of Comanche
helicopter funding to restructure Army aviation for the 21st century,
the wars in Iraq and Afghanistan, and Army transformation. He was
instrumental in the successful authorization and appropriation of the
light utility helicopter, armed-reconnaissance helicopter, joint cargo
aircraft, Chinook multiyear, Apache, Black Hawk multiyear and numerous
unmanned aerial vehicle and aviation R&D projects.
Lieutenant Colonel Fortunato escorted numerous congressional
delegations to over 20 countries, including 3 to Iraq and Afghanistan.
I myself was privileged to have him as an escort at my specific request
for my own visits abroad and in larger delegations. He worked
tirelessly to ensure my visits were coordinated with all the relevant
agencies, military leaders, heads of state and government officials so
I could focus on the issues that were critical to my service as the
chairman of the Senate Armed Services Air Land Subcommittee. I am
extremely grateful for the support, friendship and perspective Ed
provided me and my staff.
Lieutenant Colonel Fortunato's congressional assignment was the
capstone to an outstanding career of service to our Nation. He served
as an aviation officer in numerous command and staff positions. His
operational assignments began in the famous 101st Airborne Division,
AASLT, during Operations Desert Shield/Desert Storm with further
assignments as part of JTF-Bravo in Honduras, 2nd Infantry Division in
Korea and the 25th Infantry Division, L, in Hawaii. Lieutenant Colonel
Fortunato then served in a number of program and acquisition positions
to include program manager for the Army Special Operations Aviation
Regiment MH-60 Black Hawk fleet and various high level assignments
within the Army Secretariat.
Lieutenant Colonel Fortunato holds an MBA from George Washington
University and a bachelor's of science in business and marketing from
George Mason University. His military awards include the Legion of
Merit, Bronze Star Medal, Meritorious Service Medal, Air Medal,
Parachutist Badge, Pathfinder Badge, Air Assault Badge, the Army
Aviation Association's Order of St. Michael, and he is a Senior Army
Aviator with over 1,100 hours.
Son of a soldier, Lieutenant Colonel Fortunato is married to the
former Monique Childress of Roanoke, VA. They have two children,
Isabella, 13, and Edward, 11. I congratulate them on their husband and
father's retirement from the Army. The demands of military life are
such that military families also sacrifice and serve the Nation along
with their soldier, and I thank Monique, Isabella and Ed for their
service.
The Army, the Senate, and the Nation are fortunate to have had the
service of such a great officer as LTC Ed Fortunato. I wish him
Godspeed.
____________________
TRIBUTE TO DR. AMAR BOSE
Mr. KERRY. Madam President, in May, Dr. Amar Bose was inducted
in the National Inventors Hall of Fame. I would like to take this
opportunity to recognize his outstanding accomplishments that have
helped change our society and improve the way we live every day.
A pioneer in modern acoustics, Dr. Bose is founder, chairman and
technical director of the internationally-recognized audio company that
bears his name, Bose Corporation.
Raised just outside Philadelphia, Dr. Bose began his career at the
age of 13, repairing radios in his basement during WWII.
His passion for technology continued at MIT, where he earned
bachelor, masters and doctoral degrees in electrical engineering. In
1956, Dr. Bose was asked to join the faculty at MIT, where he taught
for 45 years.
His research at MIT led to the development of new, patented
technologies. With those patents, he founded Bose Corporation in
Massachusetts in 1964. He has achieved worldwide acclaim with the
introduction of groundbreaking products, including the 901'
Direct/Reflecting speaker system, customized sound systems for
automobiles, and active noise-reducing headphones. Under his
leadership, 100 percent of profits are reinvested back into the
company, enabling research and advancements in non-audio areas.
In 2004, after 25 years of research, he introduced a revolutionary
suspension system that combines superior comfort and control in the
same vehicle.
Dr. Bose has done extensive work for the Armed Forces and NASA. He
was named Inventor of the Year in 1987, by
[[Page 13320]]
the Intellectual Property Owners Association and holds numerous patents
in the fields of acoustics, electronics, nonlinear systems, and
communication theory.
He is a member of the Audio Hall of Fame, the recipient of a
Distinguished Service Citation from the Automotive Hall of Fame, and
has been inducted in the Consumer Electronics Hall of Fame. He is an
elected member of the National Academy of Engineering and of the
American Academy of Arts and Sciences.
Congratulations Dr. Bose on being inducted into the National
Inventors Hall of Fame and for your outstanding work at the Bose
Corporation.
____________________
MESSAGE FROM THE PRESIDENT
A message from the President of the United States was communicated to
the Senate by Mrs. Neiman, one of his secretaries.
____________________
EXECUTIVE MESSAGE REFERRED
As in executive session the Presiding Officer laid before the Senate
a message from the President of the United States submitting
nominations which were referred to the Committee on Armed Services.
(The nominations received today are printed at the end of the Senate
proceedings.)
____________________
MESSAGE FROM THE HOUSE DURING ADJOURNMENT
______
ENROLLED BILLS SIGNED
Under the authority of the order of the Senate of January 4, 2007,
the Secretary of the Senate, on June 23, 2008, during the adjournment
of the Senate, received a message from the House of Representative,
delivered by Ms. Niland, one of its reading clerks, announcing that the
Speaker had signed the following enrolled bills:
H.R. 634. An act to require the Secretary of the Treasury
to mint coins in commemoration of veterans who became
disabled for life while serving in the Armed Forces of the
United States.
H.R. 814. An act to require the Consumer Product Safety
Commission to issue regulations mandating child-resistant
closures on all portable gasoline containers.
H.R. 5778. An act to preserve the independence of the
District of Columbia Water and Sewer Authority.
S. 188. An act to revise the short title of the Fannie Lou
Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act
Reauthorization and Amendments Act of 2006.
S. 254. An act to award posthumously a Congressional gold
medal to Constantino Brumidi.
S. 682. An act to award a congressional gold medal to
Edward William Brooke III in recognition of his unprecedented
and enduring service to our Nation.
S. 1692. An act to grant a Federal charter to Korean War
Veterans Association, Incorporated.
S. 2146. An act 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.
____________________
MESSAGE FROM THE HOUSE
At 4:10 p.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that pursuant to
section 841 (b) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181), and the order of the House of January
4, 2007, the Speaker and the Majority Leader of the Senate jointly
appoint to the Commission on Wartime Contracting: Mr. Michael J.
Thibault of Reston, Virginia, cochairman. Further, pursuant to the
aforesaid authority, the Speaker appoints the following member on the
part of the House of Representatives to the Commission on Wartime
Contracting: Mr. Clark Kent Ervin of Washington, DC.
____________________
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-6703. A communication from the Secretary of Defense,
transmitting a report on the approved retirement of General
William R. Looney III, United States Air Force, and his
advancement to the grade of general on the retired list; to
the Committee on Armed Services.
EC-6704. A communication from the Secretary of Defense,
transmitting a report on the approved retirement of General
Robert Magnus, United States Marine Corps, and his
advancement to the grade of general on the retired list; to
the Committee on Armed Services.
EC-6705. A communication from the Principal Deputy, Office
of the Assistant Secretary (Research, Development and
Acquisition), Department of the Navy, transmitting, pursuant
to law, notification that the Navy proposes to donate the
submarine ex-DOLPHIN (AGSS 555) to the Maritime Museum of San
Diego; to the Committee on Armed Services.
EC-6706. A communication from the Acting Fiscal Assistant
Secretary, Department of the Treasury, transmitting, pursuant
to law, the report of two modifications made in 2008 to the
auction process; to the Committee on Banking, Housing, and
Urban Affairs.
EC-6707. A communication from the Acting Fiscal Assistant
Secretary, Department of the Treasury, transmitting, pursuant
to law, a report on the auctions held by the Department
during the period of January 1, 2007, through December 31,
2007; to the Committee on Banking, Housing, and Urban
Affairs.
EC-6708. A communication from the Secretary, Federal Trade
Commission, transmitting, pursuant to law, the report of a
rule entitled ``Affiliate Marketing Rule'' (RIN3084-AA94)
received on June 19, 2008; to the Committee on Banking,
Housing, and Urban Affairs.
EC-6709. A communication from the Secretary, Federal Trade
Commission, transmitting, pursuant to law, the report of a
rule entitled ``Definitions and Implementation Under the
Controlling the Assault of Non-Solicited Pornography and
Marketing Act of 2003: Final Rule and Statement of Basis and
Purpose'' (RIN3084-AA96) received on June 19, 2008; to the
Committee on Commerce, Science, and Transportation.
EC-6710. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Supplemental Wages'' (Revenue Ruling 2008-
29) received on June 19, 2008; to the Committee on Finance.
EC-6711. A communication from the Chief, Border Security
Regulations Branch, Department of Homeland Security,
transmitting, pursuant to law, the report of a rule entitled
``Technical Amendments to List of User Fee Airports:
Additions of Capital City Airport, Lansing, Michigan and
Kelly Field Annex, San Antonio, Texas'' (CBP Dec. 08-23)
received on June 19, 2008; to the Committee on Finance.
EC-6712. A communication from the President, National
Center for Policy Analysis, transmitting its 2008 First
Quarter Report; to the Committee on Finance.
EC-6713. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, notification of the proposed
removal from the United States Munitions List of tires
originally designed for use on Heavy Mobility Tactical
Wheeled Vehicles; to the Committee on Foreign Relations.
EC-6714. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, notification of the proposed
removal from the United States Munitions List of tires
originally designed for use on M977 Heavy Expanded Mobility
Tactical Truck; to the Committee on Foreign Relations.
EC-6715. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, notification of the proposed
removal from the United States Munitions List of tires
primarily used on military heavy trucks, and for other
purposes; to the Committee on Foreign Relations.
EC-6716. A communication from the Deputy Archivist of the
United States, National Archives and Records Administration,
transmitting, pursuant to law, the report of a rule entitled
``Presidential Library Facilities'' (RIN3095-AB16) received
on June 19, 2008; to the Committee on Homeland Security and
Governmental Affairs.
EC-6717. A communication from the Office of General Counsel
and Legal Policy, Office of Government Ethics, transmitting,
pursuant to law, the report of a rule entitled ``Post-
Employment Conflict of Interest Restrictions'' (RIN3209-AA14)
received on June 19, 2008; to the Committee on Homeland
Security and Governmental Affairs.
____________________
REPORTS OF COMMITTEES
The following reports of committees were submitted:
By Mr. INOUYE, from the Committee on Commerce, Science, and
Transportation, with an amendment in the nature of a
substitute:
H.R. 802. To amend the Act to Prevent Pollution from Ships
to implement MARPOL Annex VI (Rept. No. 110-394).
By Mr. INOUYE, from the Committee on Commerce, Science, and
Transportation, without amendment:
[[Page 13321]]
H.R. 3985. A bill to amend title 49, United States Code, to
direct the Secretary of Transportation to register a person
providing transportation by an over-the-road bus as a motor
carrier of passengers only if the person is willing and able
to comply with certain accessibility requirements in addition
to other existing requirements, and for other purposes (Rept.
No. 110-395).
By Mr. BYRD, from the Committee on Appropriations, without
amendment:
S. 3181. An original bill making appropriations for the
Department of Homeland Security for the fiscal year ending
September 30, 2009, and for other purposes (Rept. No. 110-
396).
By Ms. MIKULSKI, from the Committee on Appropriations,
without amendment:
S. 3182. An original bill making appropriations for the
Departments of Commerce and Justice, science, and related
agencies for the fiscal year ending September 30, 2009, and
for other purposes (Rept. No. 110-397).
By Mrs. BOXER, from the Committee on Environment and Public
Works, without amendment:
S. 2766. A bill to amend the Federal Water Pollution
Control Act to address certain discharges incidental to the
normal operation of a recreational vessel (Rept. No. 110-
398).
____________________
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. REID (for Ms. Landrieu):
S. 3176. A bill to amend the Robert T. Stafford Disaster
Relief and Emergency Assistance Act to authorize the
President to provide mental health and substance abuse
services; to the Committee on Homeland Security and
Governmental Affairs.
By Mr. REID (for Mr. Kennedy (for himself, Mr. Biden,
Mr. Hagel, Mr. Smith, and Mr. Durbin)):
S. 3177. A bill to develop a policy to address the critical
needs of Iraqi refugees; to the Committee on Foreign
Relations.
By Mr. BURR:
S. 3178. A bill to amend title 38, United States Code, to
authorize dental insurance for veterans and survivors and
dependents of veterans, and for other purposes; to the
Committee on Veterans' Affairs.
By Mr. BINGAMAN (for himself and Mr. Domenici):
S. 3179. A bill to authorize the conveyance of certain
public land in the State of New Mexico owned or leased by the
Department of Energy, and for other purposes; to the
Committee on Energy and Natural Resources.
By Mr. REID (for Mr. Kennedy):
S. 3180. A bill to temporarily extend the programs under
the Higher Education Act of 1965; considered and passed.
By Mr. BYRD:
S. 3181. An original bill making appropriations for the
Department of Homeland Security for the fiscal year ending
September 30, 2009, and for other purposes; from the
Committee on Appropriations; placed on the calendar.
By Ms. MIKULSKI:
S. 3182. An original bill making appropriations for the
Departments of Commerce and Justice, science, and related
agencies for the fiscal year ending September 30, 2009, and
for other purposes; from the Committee on Appropriations;
placed on the calendar.
____________________
ADDITIONAL COSPONSORS
S. 667
At the request of Mr. Bond, the name of the Senator from Oregon (Mr.
Wyden) was added as a cosponsor of S. 667, a bill to expand programs of
early childhood home visitation that increase school readiness, child
abuse and neglect prevention, and early identification of developmental
and health delays, including potential mental health concerns, and for
other purposes.
S. 1003
At the request of Ms. Stabenow, the name of the Senator from Oregon
(Mr. Wyden) was added as a cosponsor of S. 1003, a bill to amend title
XVIII of the Social Security Act to improve access to emergency medical
services and the quality and efficiency of care furnished in emergency
departments of hospitals and critical access hospitals by establishing
a bipartisan commission to examine factors that affect the effective
delivery of such services, by providing for additional payments for
certain physician services furnished in such emergency departments, and
by establishing a Centers for Medicare & Medicaid Services Working
Group, and for other purposes.
S. 1103
At the request of Mr. Bingaman, the name of the Senator from Vermont
(Mr. Leahy) was added as a cosponsor of S. 1103, a bill to amend title
XVIII of the Social Security Act to include costs incurred by the
Indian Health Service, a Federally qualified health center, an AIDS
drug assistance program, certain hospitals, or a pharmaceutical
manufacturer patient assistance program in providing prescription drugs
toward the annual out of pocket threshold under part D of the Medicare
program.
S. 1161
At the request of Mr. Bingaman, the name of the Senator from North
Dakota (Mr. Dorgan) was added as a cosponsor of S. 1161, a bill to
amend title XVIII of the Social Security Act to authorize the expansion
of Medicare coverage of medical nutrition therapy services.
S. 1437
At the request of Ms. Stabenow, the name of the Senator from Idaho
(Mr. Craig) was added as a cosponsor of S. 1437, a bill to require the
Secretary of the Treasury to mint coins in commemoration of the
semicentennial of the enactment of the Civil Rights Act of 1964.
S. 1589
At the request of Mr. Bingaman, the names of the Senator from
Michigan (Ms. Stabenow) and the Senator from Washington (Ms. Cantwell)
were added as cosponsors of S. 1589, a bill to amend title XIX of the
Social Security Act to reduce the costs of prescription drugs for
enrollees of Medicaid managed care organizations by extending the
discounts offered under fee-for-service Medicaid to such organizations.
S. 1595
At the request of Mr. Smith, the name of the Senator from Minnesota
(Mr. Coleman) was added as a cosponsor of S. 1595, a bill to amend
title XVIII of the Social Security Act to provide flexibility in the
manner in which beds are counted for purposes of determining whether a
hospital may be designated as a critical access hospital under the
Medicare program.
S. 1661
At the request of Mr. Stevens, the name of the Senator from South
Dakota (Mr. Thune) was added as a cosponsor of S. 1661, a bill to
communicate United States travel policies and improve marketing and
other activities designed to increase travel in the United States from
abroad.
S. 1977
At the request of Mr. Obama, the name of the Senator from
Pennsylvania (Mr. Casey) was added as a cosponsor of S. 1977, a bill to
provide for sustained United States leadership in a cooperative global
effort to prevent nuclear terrorism, reduce global nuclear arsenals,
stop the spread of nuclear weapons and related material and technology,
and support the responsible and peaceful use of nuclear technology.
S. 2042
At the request of Ms. Stabenow, the name of the Senator from Vermont
(Mr. Sanders) was added as a cosponsor of S. 2042, a bill to authorize
the Secretary of Health and Human Services to conduct activities to
rapidly advance treatments for spinal muscular atrophy, neuromuscular
disease, and other pediatric diseases, and for other purposes.
S. 2102
At the request of Mr. Bingaman, the names of the Senator from
California (Mrs. Feinstein), the Senator from Maryland (Mr. Cardin),
the Senator from Hawaii (Mr. Inouye) and the Senator from Louisiana
(Ms. Landrieu) were added as cosponsors of S. 2102, a bill to amend
title II of the Social Security Act to phase out the 24-month waiting
period for disabled individuals to become eligible for Medicare
benefits, to eliminate the waiting period for individuals with life-
threatening conditions, and for other purposes.
S. 2120
At the request of Mr. Menendez, the name of the Senator from Nebraska
(Mr. Hagel) was added as a cosponsor of S. 2120, a bill to authorize
the establishment of a Social Investment and Economic Development Fund
for the Americas to provide assistance to reduce poverty, expand the
middle class, and foster increased economic opportunity in the
countries of the Western Hemisphere, and for other purposes.
[[Page 13322]]
S. 2238
At the request of Mr. Akaka, the name of the Senator from
Pennsylvania (Mr. Casey) was added as a cosponsor of S. 2238, a bill to
amend the National Dam Safety Program Act to establish a program to
provide grant assistance to States for the rehabilitation and repair of
deficient dams.
S. 2369
At the request of Mr. Baucus, the name of the Senator from Ohio (Mr.
Voinovich) was added as a cosponsor of S. 2369, a bill to amend title
35, United States Code, to provide that certain tax planning inventions
are not patentable, and for other purposes.
S. 2433
At the request of Mr. Wyden, his name was added as a cosponsor of S.
2433, a bill to require the President to develop and implement a
comprehensive strategy to further the United States foreign policy
objective of promoting the reduction of global poverty, the elimination
of extreme global poverty, and the achievement of the Millennium
Development Goal of reducing by one-half the proportion of people
worldwide, between 1990 and 2015, who live on less than $1 per day.
S. 2510
At the request of Mr. Leahy, his name was added as a cosponsor of S.
2510, a bill to amend the Public Health Service Act to provide revised
standards for quality assurance in screening and evaluation of
gynecologic cytology preparations, and for other purposes.
S. 2523
At the request of Mr. Kerry, the name of the Senator from Minnesota
(Ms. Klobuchar) was added as a cosponsor of S. 2523, a bill to
establish the National Affordable Housing Trust Fund in the Treasury of
the United States to provide for the construction, rehabilitation, and
preservation of decent, safe, and affordable housing for low-income
families.
S. 2569
At the request of Mrs. Boxer, the name of the Senator from New Jersey
(Mr. Lautenberg) was added as a cosponsor of S. 2569, a bill to amend
the Public Health Service Act to authorize the Director of the National
Cancer Institute to make grants for the discovery and validation of
biomarkers for use in risk stratification for, and the early detection
and screening of, ovarian cancer.
S. 2579
At the request of Mr. Inouye, the names of the Senator from
California (Mrs. Boxer), the Senator from Florida (Mr. Nelson), the
Senator from Michigan (Ms. Stabenow), the Senator from North Carolina
(Mr. Burr) and the Senator from Mississippi (Mr. Cochran) were added as
cosponsors of S. 2579, a bill to require the Secretary of the Treasury
to mint coins in recognition and celebration of the establishment of
the United States Army in 1775, to honor the American soldier of both
today and yesterday, in wartime and in peace, and to commemorate the
traditions, history, and heritage of the United States Army and its
role in American society, from the colonial period to today.
S. 2618
At the request of Ms. Klobuchar, the name of the Senator from
Washington (Ms. Cantwell) was added as a cosponsor of S. 2618, a bill
to amend the Public Health Service Act to provide for research with
respect to various forms of muscular dystrophy, including Becker,
congenital, distal, Duchenne, Emery-Dreifuss Facioscapulohumeral, limb-
girdle, myotonic, and oculopharyngeal muscular dystrophies.
S. 2652
At the request of Mr. Coleman, his name was added as a cosponsor of
S. 2652, a bill to authorize the Secretary of Defense to make a grant
to the National World War II Museum Foundation for facilities and
programs of America's National World War II Museum.
S. 2681
At the request of Mr. Inhofe, the names of the Senator from North
Carolina (Mr. Burr), the Senator from South Dakota (Mr. Johnson) and
the Senator from Delaware (Mr. Carper) were added as cosponsors of S.
2681, a bill to require the issuance of medals to recognize the
dedication and valor of Native American code talkers.
S. 2771
At the request of Ms. Landrieu, the name of the Senator from Oregon
(Mr. Smith) was added as a cosponsor of S. 2771, a bill to require the
president to call a White House Conference on Children and Youth in
2010.
S. 2776
At the request of Ms. Cantwell, the name of the Senator from Delaware
(Mr. Carper) was added as a cosponsor of S. 2776, a bill to provide
duty-free treatment for certain goods from designated Reconstruction
Opportunity Zones in Afghanistan and Pakistan, and for other purposes.
S. 2795
At the request of Mr. Durbin, the names of the Senator from Wisconsin
(Mr. Kohl) and the Senator from Pennsylvania (Mr. Specter) were added
as cosponsors of S. 2795, a bill to amend the Public Health Service Act
to establish a nationwide health insurance purchasing pool for small
businesses and the self employed that would offer a choice of private
health plans and make health coverage more affordable, predictable, and
accessible.
S. 2883
At the request of Mr. Rockefeller, the name of the Senator from New
York (Mr. Schumer) was added as a cosponsor of S. 2883, a bill to
require the Secretary of the Treasury to mint coins in commemoration of
the centennial of the establishment of Mother's Day.
S. 2976
At the request of Mr. Lautenberg, the names of the Senator from New
Jersey (Mr. Menendez) and the Senator from California (Mrs. Boxer) were
added as cosponsors of S. 2976, a bill to require the United States
Trade Representative to pursue a complaint of anticompetitive practices
against certain oil exporting countries.
S. 3093
At the request of Mr. Grassley, the name of the Senator from North
Carolina (Mrs. Dole) was added as a cosponsor of S. 3093, a bill to
extend and improve the effectiveness of the employment eligibility
confirmation program.
S. 3140
At the request of Mr. Webb, the name of the Senator from Illinois
(Mr. Obama) was added as a cosponsor of S. 3140, a bill to provide that
4 of the 12 weeks of parental leave made available to a Federal
employee shall be paid leave, and for other purposes.
S. 3141
At the request of Mrs. Murray, the name of the Senator from Oregon
(Mr. Wyden) was added as a cosponsor of S. 3141, a bill to provide for
nondiscrimination by eligible lenders in the Federal Family Education
Loan Program.
S. 3168
At the request of Mr. Lugar, the name of the Senator from Nebraska
(Mr. Hagel) was added as a cosponsor of S. 3168, a bill to authorize
United States participation in the replenishment of resources of the
International Development Association, and for other purposes.
S. 3169
At the request of Mr. Lugar, the name of the Senator from Nebraska
(Mr. Hagel) was added as a cosponsor of S. 3169, a bill to authorize
United States participation in, and appropriations for the United
States contribution to, the eleventh replenishment of the resources of
the African Development Fund.
S.J. RES. 41
At the request of Mr. McConnell, the name of the Senator from Maine
(Ms. Collins) was added as a cosponsor of S.J. Res. 41, a joint
resolution approving the renewal of import restrictions contained in
the Burmese Freedom and Democracy Act of 2003.
S. RES. 300
At the request of Mr. Menendez, the name of the Senator from Maryland
(Ms. Mikulski) was added as a cosponsor of S. Res. 300, a resolution
expressing the sense of the Senate that the Former Yugoslav Republic of
Macedonia (FYROM) should stop the utilization of materials that violate
provisions of the United Nations-brokered
[[Page 13323]]
Interim Agreement between FYROM and Greece regarding ``hostile
activities or propaganda'' and should work with the United Nations and
Greece to achieve longstanding United States and United Nations policy
goals of finding a mutually-acceptable official name for FYROM.
S. RES. 594
At the request of Mr. Brown, the name of the Senator from Indiana
(Mr. Bayh) was added as a cosponsor of S. Res. 594, a resolution
designating September 2008 as ``Tay-Sachs Awareness Month''.
AMENDMENT NO. 5013
At the request of Mr. Tester, the name of the Senator from Idaho (Mr.
Crapo) was added as a cosponsor of amendment No. 5013 intended to be
proposed to H.R. 3221, a bill to provide needed housing reform and for
other purposes.
AMENDMENT NO. 5020
At the request of Mr. Ensign, the names of the Senator from Virginia
(Mr. Warner), the Senator from South Dakota (Mr. Thune), the Senator
from Maine (Ms. Snowe) and the Senator from Minnesota (Mr. Coleman)
were added as cosponsors of amendment No. 5020 intended to be proposed
to H.R. 3221, a bill to provide needed housing reform and for other
purposes.
AMENDMENT NO. 5022
At the request of Mr. Sanders, the names of the Senator from New
Hampshire (Mr. Sununu), the Senator from New Mexico (Mr. Bingaman), the
Senator from Maine (Ms. Snowe) and the Senator from Oregon (Mr. Smith)
were added as cosponsors of amendment No. 5022 intended to be proposed
to H.R. 3221, a bill to provide needed housing reform and for other
purposes.
____________________
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. BURR:
S. 3178. A bill to amend title 38, United States Code, to authorize
dental insurance for veterans and survivors and dependents of veterans,
and for other purposes; to the Committee on Veterans' Affairs.
Mr. BURR. Mr. President, I rise today to introduce bill that would
give our veterans, surviving spouses, and certain dependent children he
option to buy dental insurance coverage through the Department of
Veterans Affairs. My bill is based on a very successful program that
has been in place since 1998 for military retirees and their families.
Under the TRICARE Retiree Dental Program, TRDP, military retirees are
given the option to purchase dental coverage under a contract managed
by the Department of Defense. Since the program started, over one
million eligible participants have chosen to buy dental coverage
through this plan, including over 56,000 in my home state of North
Carolina. Those individuals have access to a network of about 112,000
dental plan providers across the nation. Premiums range from $14 to $48
per month per person, depending on the region and type of dental plan
selected. With this kind of success, it seems only fitting that we
offer the same kind of benefit to our veterans.
VA runs the largest integrated health care system in the nation.
Although VA provides dental benefits to the 7.9 million veterans
enrolled in the health care system, these benefits are either limited
to a select group of people or can only be provided under very limited
circumstances. For example, VA provides comprehensive dental care to
veterans for 180 days after they leave service; who have service-
related dental conditions; who are in nursing homes and require dental
care; or who fall under other very strict guidelines.
My bill would supplement this limited coverage by giving veterans and
survivors the option to purchase a more comprehensive dental plan. Of
course, many veterans may have dental coverage through their employers
or through an individual policy. My bill extends this dental plan
option to all enrolled veterans.
As I mentioned, the bill is modeled after the successful program that
is now offered to TRICARE retirees. Federal employees also have access
to a similar benefit option for dental coverage. Like these other
programs, this VA program would be entirely voluntary, be financed
through premiums and, most importantly, provide needed coverage from a
network of dental professionals in local communities.
This bill would not replace VA's dental services; it is just another
option for those who want to have access to group insurance rates that
they could not otherwise get on their own. This idea is like the 44
year relationship VA has with Prudential, who provides active duty
servicemembers and veterans with group life insurance policies. The
most important part of the relationship is that servicemembers and
veterans are well-served and get to reap the benefits of group rates
and competition.
This is a good example of how we can build on innovative and
successful approaches to improving options for our veterans. I believe
my bill is another step in that direction, and I ask my colleagues for
their support.
______
By Mr. REID (for Mr. Kennedy):
S. 3180. A bill to temporarily extend the programs under the Higher
Education Act of 1965; considered and passed.
Mr. REID. 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. 3180
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXTENSION OF HIGHER EDUCATION PROGRAMS.
(a) Extension of Programs.--Section 2(a) of the Higher
Education Extension Act of 2005 (Public Law 109-81; 20 U.S.C.
1001 note) is amended by striking ``June 30, 2008'' and
inserting ``July 31, 2008''.
(b) Rule of Construction.--Nothing in this section, or in
the Higher Education Extension Act of 2005 as amended by this
Act, shall be construed to limit or otherwise alter the
authorizations of appropriations for, or the durations of,
programs contained in the amendments made by the Higher
Education Reconciliation Act of 2005 (Public Law 109-171), by
the College Cost Reduction and Access Act (Public Law 110-
84), or by the Ensuring Continued Access to Student Loans Act
of 2008 (Public Law 110-227) to the provisions of the Higher
Education Act of 1965 and the Taxpayer-Teacher Protection Act
of 2004.
____________________
AMENDMENTS SUBMITTED AND PROPOSED
SA 5024. Ms. COLLINS submitted an amendment intended to be
proposed to amendment SA 4983 proposed by Mr. Reid (for Mr.
Dodd (for himself and Mr. Shelby)) to the bill H.R. 3221,
moving the United States toward greater energy independence
and security, developing innovative new technologies,
reducing carbon emissions, creating green jobs, protecting
consumers, increasing clean renewable energy production, and
modernizing our energy infrastructure, and to amend the
Internal Revenue Code of 1986 to provide tax incentives for
the production of renewable energy and energy conservation;
which was ordered to lie on the table.
SA 5025. Mrs. MURRAY submitted an amendment intended to be
proposed to amendment SA 4983 proposed by Mr. Reid (for Mr.
Dodd (for himself and Mr. Shelby)) to the bill H.R. 3221,
supra; which was ordered to lie on the table.
SA 5026. Ms. SNOWE submitted an amendment intended to be
proposed by her to the bill H.R. 3221, supra; which was
ordered to lie on the table.
SA 5027. Mr. VITTER submitted an amendment intended to be
proposed to amendment SA 4983 proposed by Mr. Reid (for Mr.
Dodd (for himself and Mr. Shelby)) to the bill H.R. 3221,
supra; which was ordered to lie on the table.
SA 5028. Mr. DURBIN submitted an amendment intended to be
proposed to amendment SA 4983 proposed by Mr. Reid (for Mr.
Dodd (for himself and Mr. Shelby)) to the bill H.R. 3221,
supra; which was ordered to lie on the table.
SA 5029. Mr. NELSON, of Florida (for himself and Mr.
Coleman) submitted an amendment intended to be proposed to
amendment SA 4983 proposed by Mr. Reid (for Mr. Dodd (for
himself and Mr. Shelby)) to the bill H.R. 3221, supra; which
was ordered to lie on the table.
____________________
TEXT OF AMENDMENTS
SA 5024. Ms. COLLINS submitted an amendment intended to be proposed
to amendment SA 4983 proposed by Mr. Reid (for Mr. Dodd (for himself
and Mr. Shelby)) to the bill H.R. 3221, moving
[[Page 13324]]
the United States toward greater energy independence and security,
developing innovative new technologies, reducing carbon emissions,
creating green jobs, protecting consumers, increasing clean renewable
energy production, and modernizing our energy infrastructure, and to
amend the Internal Revenue Code of 1986 to provide tax incentives for
the production of renewable energy and energy conservation; which was
ordered to lie on the table; as follows:
At the end of the amendment, add the following:
DIVISION __--COMMERCIAL TRUCK FUEL SAVINGS
SEC. __01. SHORT TITLE.
This division may be cited as the ``Commercial Truck Fuel
Savings Demonstration Act of 2008''.
SEC. __02. FINDINGS.
Congress finds that--
(1) diesel fuel prices have increased more than 50 percent
during the 1-year period between May 2007 and May 2008;
(2) laws governing Federal highway funding effectively
impose a limit of 80,000 pounds on the weight of vehicles
permitted to use highways on the Interstate System;
(3) the administration of that provision in many States has
forced heavy tractor-trailer and tractor-semitrailer
combination vehicles traveling in those States to divert onto
small State and local roads on which higher vehicle weight
limits apply under State law;
(4) the diversion of those vehicles onto those roads
increases fuel costs because of increased idling time and
total travel time along those roads; and
(5) permitting heavy commercial vehicles, including tanker
trucks carrying hazardous material and fuel oil, to travel on
Interstate System highways when fuel prices are high would
provide significant savings in the transportation of goods
throughout the United States.
SEC. __03. DEFINITIONS.
In this division:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of Transportation of a State.
(2) Covered interstate system highway.--
(A) In general.--The term ``covered Interstate System
highway'' means a highway designated as a route on the
Interstate System.
(B) Exclusion.--The term ``covered Interstate System
highway'' does not include any portion of a highway that, as
of the date of the enactment of this Act, is exempt from the
requirements of subsection (a) of section 127 of title 23,
United States Code, pursuant to a waiver under that
subsection.
(3) Interstate system.--The term ``Interstate System'' has
the meaning given the term in section 101(a) of title 23,
United States Code.
SEC. __04. WAIVER OF HIGHWAY FUNDING REDUCTION RELATING TO
WEIGHT OF VEHICLES USING INTERSTATE SYSTEM
HIGHWAYS.
(a) Prohibition Relating to Certain Vehicles.--
Notwithstanding section 127(a) of title 23, United States
Code, the total amount of funds apportioned to a State under
section 104(b)(1) of that title for any period may not be
reduced under section 127(a) of that title if a State permits
a vehicle described in subsection (b) to use a covered
Interstate System highway in the State in accordance with the
conditions described in subsection (c).
(b) Combination Vehicles in Excess of 80,000 Pounds.--A
vehicle described in this subsection is a vehicle having a
weight in excess of 80,000 pounds that--
(1) consists of a 3-axle tractor unit hauling a single
trailer or semitrailer; and
(2) does not exceed any vehicle weight limitation that is
applicable under the laws of a State to the operation of the
vehicle on highways in the State that are not part of the
Interstate System, as those laws are in effect on the date of
enactment of this Act.
(c) Conditions.--This section shall apply at any time at
which the weighted average price of retail number 2 diesel in
the United States is $3.50 or more per gallon.
(d) Effective Date and Termination.--This section shall not
remain in effect--
(1) after the date that is 2 years after the date of
enactment of this Act; or
(2) before the end of that 2-year period, after any date on
which the Secretary of Transportation--
(A) determines that--
(i) operation of vehicles described in subsection (b) on
covered Interstate System highways has adversely affected
safety on the overall highway network; or
(ii) a Commissioner has failed faithfully to use the
highway safety committee as described in section __06(2)(A)
or to collect the data described in section __06(3); and
(B) publishes the determination, together with the date of
termination of this section, in the Federal Register.
(e) Consultation Regarding Termination for Safety.--In
making a determination under subsection (d)(2)(A)(i), the
Secretary of Transportation shall consult with the highway
safety committee established by a Commissioner in accordance
with section __06.
SEC. __05. GAO TRUCK SAFETY DEMONSTRATION REPORT.
The Comptroller General of the United States shall carry
out a study of the effects of participation in the program
under section __04 on the safety of the overall highway
network in States participating in that program.
SEC. __06. RESPONSIBILITIES OF STATES.
For the purpose of section __04, a State shall be
considered to meet the conditions under this section if the
Commissioner of the State--
(1) submits to the Secretary of Transportation a plan for
use in meeting the conditions described in paragraphs (2) and
(3);
(2) establishes and chairs a highway safety committee
that--
(A) the Commissioner uses to review the data collected
pursuant to paragraph (3); and
(B) consists of representatives of--
(i) agencies of the State that have responsibilities
relating to highway safety;
(ii) municipalities of the State;
(iii) organizations that have evaluation or promotion of
highway safety among the principal purposes of the
organizations; and
(iv) the commercial trucking industry; and
(3) collects data on the net effects that the operation of
vehicles described in section __04(b) on covered Interstate
System highways have on the safety of the overall highway
network, including the net effects on single-vehicle and
multiple-vehicle collision rates for those vehicles.
______
SA 5025. Mrs. MURRAY submitted an amendment intended to be proposed
to amendment SA 4983 proposed by Mr. Reid (for Mr. Dodd (for himself
and Mr. Shelby)) to the bill H.R. 3221, moving the United States toward
greater energy independence and security, developing innovative new
technologies, reducing carbon emissions, creating green jobs,
protecting consumers, increasing clean renewable energy production, and
modernizing our energy infrastructure, and to amend the Internal
Revenue Code of 1986 to provide tax incentives for the production of
renewable energy and energy conservation; which was ordered to lie on
the table as follows:
On page 175, between lines 2 and 3, insert the following:
SEC. 1132A. GRANTS FOR FINANCIAL LITERACY EDUCATION.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of Education.
(b) Grants To Promote Elementary and Secondary Financial
Literacy Education Assistance.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible entity'' means--
(i) a State educational agency, as such term is defined in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301); or
(ii) a State partnership consisting of--
(I) a State educational agency; and
(II) a nonprofit organization with experience and a proven
quality track record in financial literacy or personal
finance education programs.
(B) Eligible local entity.--In this subsection, the term
``eligible local entity'' means--
(i) a local educational agency, as such term is defined in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301); or
(ii) a local partnership consisting of--
(I) a local educational agency; and
(II) not less than 1 of the following:
(aa) A nonprofit organization with experience and a proven
track record in quality financial literacy or personal
finance education programs.
(bb) An educational service agency, as such term is defined
in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301).
(cc) A recipient of an Excellence in Economic Education
grant under subpart 13 of part D of title V of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7267 et seq.).
(dd) An institution of higher education, as such term is
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(ee) A community organization.
(ff) A representative of local business.
(2) Authorization.--The Secretary shall award grants to
eligible entities to enable such entities--
(A) to award subgrants to local entities to provide
financial literacy education; and
(B) to carry out activities designed to promote financial
literacy education.
(3) Application.--An eligible entity that desires to
receive a grant under this subsection shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require.
(4) Formula.--From the total amount appropriated for this
subsection under subsection (d) for a fiscal year, the
Secretary shall allot to each State for such fiscal year an
amount that bears the same relation to such total amount as
the amount such State
[[Page 13325]]
received under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for
such fiscal year bears to the total amount received by all
States under such part for such fiscal year.
(5) Use of funds.--
(A) Subgrants to eligible local entities.--
(i) Authorization of subgrants.--An eligible entity that
receives a grant under this subsection shall use 75 percent
of such grant funds to award subgrants to eligible local
entities.
(ii) Applications.--
(I) In general.--An eligible local entity that desires to
receive a subgrant under this subparagraph shall submit an
application to the eligible entity at such time, in such
manner, and accompanied by such information as the eligible
entity may require.
(II) Review of applications.--The eligible entity shall
review applications submitted under subclause (I) in the same
manner as applications are reviewed under section 5534(b) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7267c(b)).
(iii) Use of funds.--An eligible local entity that receives
a subgrant under this subparagraph--
(I) shall use the subgrant funds to--
(aa) implement teacher training programs to embed financial
literacy and personal finance education into core academic
subjects;
(bb) administer financial literacy assessments on not less
than an annual basis in, at a minimum, the grade levels
selected by the State pursuant to subparagraph (B)(i); and
(cc) implement financial literacy activities and sequences
of study within core academic subjects; and
(II) may use the subgrant funds to implement school-based
activities, including after-school activities, to enhance
student understanding and experiential learning with
consumer, economic, and personal finance concepts.
(iv) Report.--An eligible local entity that receives a
subgrant under this subparagraph shall include in the annual
report card under section 1111(h)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(h)(2)) the
same information on student achievement on the financial
literacy assessments, administered pursuant to subparagraph
(B)(ii), as required, pursuant to such section 1111(h)(2), of
the other State academic assessments described in section
1111(b)(3) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(3)).
(B) State activities.--An eligible entity that receives a
grant under this subsection shall use 25 percent of such
grant funds to carry out the following:
(i) The development of financial literacy standards in not
less than 3 grade levels, including not less than 1 grade
level in elementary school, not less than 1 grade level in
middle school, and not less than 1 grade level in high
school.
(ii) The development of appropriate financial literacy
assessments in the grade levels determined under clause (i)
that are valid, reliable, and comparable across the State.
(iii) Teacher professional development programs to embed
financial literacy or personal finance education into core
academic subjects.
(iv) An evaluation of the impact of financial literacy or
personal finance education on students' understanding of
financial literacy concepts.
(6) Matching funds.--An eligible entity that receives a
grant under this subsection shall provide, from non-Federal
sources, an amount equal to 25 percent of the amount of the
grant award to carry out activities required under this
section.
(c) Grants To Promote Postsecondary Financial Literacy
Education Assistance.--
(1) Authorization of grant awards.--The Secretary shall
award grants, on a competitive basis, to eligible entities to
enable such entities to provide financial literacy courses or
course components to students.
(2) Definition of eligible entity.--In this subsection, the
term ``eligible entity'' means--
(A) an institution of higher education, as such term is
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001); or
(B) a partnership consisting of--
(i) an institution of higher education; and
(ii) a nonprofit organization with experience and a proven
track record in quality financial literacy or personal
finance education programs.
(3) Application.--An eligible entity that desires to
receive a grant under this subsection shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require.
(4) Use of funds.--An eligible entity that receives a grant
under this subsection shall use the grant funds to develop
and implement financial literacy education, activities,
student organizations, or counseling that increase student
knowledge in consumer, economic, and personal financial
concepts.
(d) Authorization of Appropriations.--
(1) Elementary and secondary financial literacy education
grants.--There is authorized to be appropriated to carry out
subsection (b) $75,000,000 for each of the fiscal years 2009
through 2014.
(2) Postsecondary financial literacy education grants.--
There is authorized to be appropriated to carry out
subsection (c) $75,000,000 for each of the fiscal years 2009
through 2014.
______
SA 5026. Ms. SNOWE submitted an amendment intended to be proposed by
her to the bill H.R. 3221, moving the United States toward greater
energy independence and security, developing innovative new
technologies, reducing carbon emissions, creating green jobs,
protecting consumers, increasing clean renewable energy production, and
modernizing our energy infrastructure, and to amend the Internal
Revenue Code of 1986 to provide tax incentives for the production of
renewable energy and energy conservation; which was ordered to lie on
the table; as follows:
At the end of the bill, add the following:
TITLE VIII--FEDERAL BOARD OF CERTIFICATION
SEC. 801. SHORT TITLE.
This title may be cited as the ``Restore Confidence in
Mortgage Securities Act of 2008''.
SEC. 802. PURPOSE.
It is the purpose of this title to establish a Federal
Board of Certification, which shall certify that the
mortgages within a security instrument meet the underlying
standards they claim to meet with regards to mortgage
characteristics including but not limited to: documentation,
loan to value ratios, debt service to income ratios, and
borrower credit standards and geographic concentration. The
purpose of this certification process is to increase the
transparency, predictability and reliability of securitized
mortgage products.
SEC. 803. DEFINITIONS.
As used in this title--
(1) the term ``Board'' means the Federal Board of
Certification established under this title;
(2) the term ``mortgage security'' means an investment
instrument that represents ownership of an undivided interest
in a group of mortgages;
(3) the term ``insured depository institution'' has the
same meaning as in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1803); and
(4) the term ``Federal financial institutions regulatory
agency'' has the same meaning as in section 1003 of the
Federal Financial Institutions Examination Council Act of
1978 (12 U.S.C. 3302).
SEC. 804. VOLUNTARY PARTICIPATION.
Market participants, including firms that package mortgage
loans into mortgage securities, may elect to have their
mortgage securities evaluated by the Board.
SEC. 805. STANDARDS.
The Board is authorized to promulgate regulations
establishing enumerated security standards which the Board
shall use to certify mortgage securities. The Board shall
promulgate standards which shall certify that the mortgages
within a security instrument meet the underlying standards
they claim to meet with regards to documentation, loan to
value ratios, debt service to income rations and borrower
credit standards. The standards should protect settled
investor expectations, and increase the transparency,
predictability and reliability of securitized mortgage
products.
SEC. 806. COMPOSITION.
(a) Establishment; Composition.--There is established the
Federal Board of Certification, which shall consist of--
(1) the Comptroller of the Currency;
(2) the Secretary of Housing and Urban Development;
(3) a Governor of the Board of Governors of the Federal
Reserve System designated by the Chairman of the Board;
(4) the Undersecretary of the Treasury for Domestic
Finance; and
(5) the Chairman of the Securities and Exchange Commission.
(b) Chairperson.--The members of the Board shall select the
first chairperson of the Board. Thereafter the position of
chairperson shall rotate among the members of the Board.
(c) Term of Office.--The term of each chairperson of the
Board shall be 2 years.
(d) Designation of Officers and Employees.--The members of
the Board may, from time to time, designate other officers or
employees of their respective agencies to carry out their
duties on the Board.
(e) Compensation and Expenses.--Each member of the Board
shall serve without additional compensation, but shall be
entitled to reasonable expenses incurred in carrying out
official duties as such a member.
SEC. 807. EXPENSES.
The costs and expenses of the Board, including the salaries
of its employees, shall be paid for by excise fees collected
from applicants for security certification from the Board,
according to fee scales set by the Board.
SEC. 808. BOARD RESPONSIBILITIES.
(a) Establishment of Principles and Standards.--The Board
shall establish, by rule, uniform principles and standards
and
[[Page 13326]]
report forms for the regular examination of mortgage
securities.
(b) Development of Uniform Reporting System.--The Board
shall develop uniform reporting systems for use by the Board
in ascertaining mortgage security risk. The Board shall
assess, and publicly publish, how it evaluates and certifies
the composition of mortgage securities.
(c) Affect on Federal Regulatory Agency Research and
Development of New Financial Institutions Supervisory
Agencies.--Nothing in this title shall be construed to limit
or discourage Federal regulatory agency research and
development of new financial institutions supervisory methods
and tools, nor to preclude the field testing of any
innovation devised by any Federal regulatory agency.
(d) Annual Report.--Not later than April 1 of each year,
the Board shall prepare and submit to Congress an annual
report covering its activities during the preceding year.
(e) Reporting Schedule.--The Board shall determine whether
it wants to evaluate mortgage securities at issuance, on a
regular basis, or upon request.
SEC. 809. BOARD AUTHORITY.
(a) Authority of Chairperson.--The chairperson of the Board
is authorized to carry out and to delegate the authority to
carry out the internal administration of the Board, including
the appointment and supervision of employees and the
distribution of business among members, employees, and
administrative units.
(b) Use of Personnel, Services, and Facilities of Federal
Financial Institutions Regulatory Agencies, and Federal
Reserve Banks.--In addition to any other authority conferred
upon it by this title, in carrying out its functions under
this title, the Board may utilize, with their consent and to
the extent practical, the personnel, services, and facilities
of the Federal financial institutions regulatory agencies,
and Federal Reserve banks, with or without reimbursement
therefor.
(c) Compensation, Authority, and Duties of Officers and
Employees; Experts and Consultants.--The Board may--
(1) subject to the provisions of title 5, United States
Code, relating to the competitive service, classification,
and General Schedule pay rates, appoint and fix the
compensation of such officers and employees as are necessary
to carry out the provisions of this title, and to prescribe
the authority and duties of such officers and employees; and
(2) obtain the services of such experts and consultants as
are necessary to carry out this title.
SEC. 810. BOARD ACCESS TO INFORMATION.
For the purpose of carrying out this title, the Board shall
have access to all books, accounts, records, reports, files,
memorandums, papers, things, and property belonging to or in
use by Federal financial institutions regulatory agencies,
including reports of examination of financial institutions,
their holding companies, or mortgage lending entities from
whatever source, together with work papers and correspondence
files related to such reports, whether or not a part of the
report, and all without any deletions.
SEC. 811. REGULATORY REVIEW.
(a) In General.--Not less frequently than once every 10
years, the Board shall conduct a review of all regulations
prescribed by the Board, in order to identify outdated or
otherwise unnecessary regulatory requirements imposed on
insured depository institutions.
(b) Process.--In conducting the review under subsection
(a), the Board shall--
(1) categorize the regulations described in subsection (a)
by type; and
(2) at regular intervals, provide notice and solicit public
comment on a particular category or categories of
regulations, requesting commentators to identify areas of the
regulations that are outdated, unnecessary, or unduly
burdensome.
(c) Complete Review.--The Board shall ensure that the
notice and comment period described in subsection (b)(2) is
conducted with respect to all regulations described in
subsection (a), not less frequently than once every 10 years.
(d) Regulatory Response.--The Board shall--
(1) publish in the Federal Register a summary of the
comments received under this section, identifying significant
issues raised and providing comment on such issues; and
(2) eliminate unnecessary regulations to the extent that
such action is appropriate.
(e) Report to Congress.--Not later than 30 days after
carrying out subsection (d)(1) of this section, the Board
shall submit to the Congress a report, which shall include a
summary of any significant issues raised by public comments
received by the Board under this section and the relative
merits of such issues.
SEC. 812. LIABILITY.
Any publication, transmission, or webpage containing an
advertisement for or invitation to buy a mortgage security
shall include the following notice, in conspicuous type:
``Certification by the Federal Board of Certification can in
no way be considered a guarantee of the mortgage security.
Certification is merely a judgment by the Federal Board of
Certification of the degree of risk offered by the security
in question. The Federal Board of Certification is not liable
for any actions taken in reliance on such judgment of
risk.''.
______
SA 5027. Mr. VITTER submitted an amendment intended to proposed to
amendment SA 4983 proposed by Mr. Reid (for Mr. Dodd (for himself and
Mr. Shelby)) to the bill H.R. 3221, moving the United States toward
greater energy independence and security, developing innovative new
technologies, reducing carbon emissions, creating green jobs,
protecting consumers, increasing clean renewable energy production, and
modernizing our energy infrastructure, and to amend the Internal
Revenue Code of 1986 to provide tax incentives for the production of
renewable energy and energy conservation; which was ordered to lie on
the table; as follows:
On page 428, line 17, before ``The Federal'' insert ``(a)
In General.--''
On page 428, after line 24, insert the following:
(b) Excess Fees.--To the extent that any fees charged and
collected under subsection (a) exceed the costs of
maintaining and providing access to information from the
Nationwide Mortgage Licensing System and Registry, such
excess fees shall deposited in the Deficit Reduction Fund
established under subsection (c) to be used only to make
payments to reduce the deficit.
(c) Deficit Reduction Fund.--There is established in the
general fund of the Treasury a fund to be known as the
``Deficit Reduction Fund''.
(d) Report.--The Comptroller General shall, on an annual
basis, conduct a study and submit a report to Congress on--
(1) the actual cost of maintaining information on the
Nationwide Mortgage Licensing System and Registry; and
(2) if the fees charged under subsection (a) are excessive.
______
SA 5028. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 4983 proposed by Mr. Reid (for Mr. Dodd (for himself and
Mr. Shelby)) to the bill H.R. 3221, moving the United States toward
greater energy independence and security, developing innovative new
technologies, reducing carbon emissions, creating green jobs,
protecting consumers, increasing clean renewable energy production, and
modernizing our energy infrastructure, and to amend the Internal
Revenue Code of 1986 to provide tax incentives for the production of
renewable energy and energy conservation; which was ordered to lie on
the table; as follows:
On page 410, strike line 22 and all that follows through
page 423, line 5, and insert the following:
(7) Registered loan originator.--The term ``registered loan
originator'' means any individual who--
(A) meets the definition of a--
(i) loan originator and is an employee of--
(I) a depository institution;
(II) a subsidiary that is--
(aa) owned and controlled by a depository institution; and
(bb) regulated by a Federal banking agency; or
(III) an institution regulated by the Farm Credit
Administration; or
(ii) loan originator and is an exclusive agent who shall
have entered into a written agreement with only one national
bank or one Federal savings association, and is subject to
regulation and examination by the Office of the Comptroller
of the Currency or the Office of Thrift Supervision, as
applicable, pursuant to a program providing for the use of
such exclusive agents which has been approved by such agency,
respectively; and
(B) is registered with, and maintains a unique identifier
through, the Nationwide Mortgage Licensing System and
Registry.
(8) 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).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(10) State-licensed loan originator.--The term ``State-
licensed loan originator'' means any individual who--
(A) is a loan originator other than a ``registered loan
originator''; and
(B) is licensed by a State or by the Secretary under
section 1508 and is registered as a loan originator with, and
maintains a unique identifier through, the Nationwide
Mortgage Licensing System and Registry.
(11) Unique identifier.--
(A) In general.--The term ``unique identifier'' means a
number or other identifier that--
(i) permanently identifies a loan originator;
[[Page 13327]]
(ii) 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; and
(iii) shall not be used for purposes other than those set
forth under this title.
(B) Responsibility of states.--To the greatest extent
possible and to accomplish the purpose of this title, States
shall use unique identifiers in lieu of social security
numbers.
SEC. 1504. 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 annually--
(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.
(2) Independent contractors.--An independent contractor may
not engage in residential mortgage loan origination
activities as a loan processor or underwriter unless such
independent contractor is a State-licensed loan originator.
SEC. 1505. 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 license
revoked in any governmental jurisdiction.
(2) The applicant has not been convicted of, or pled guilty
or nolo contendere to, a felony in a domestic, foreign, or
military court--
(A) during the 7-year period preceding the date of the
application for licensing and registration; or
(B) at any time preceding such date of application, if such
felony involved an act of fraud, dishonesty, or a breach of
trust, or money laundering.
(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 title.
(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).
(6) The applicant has met either a net worth or surety bond
requirement, as required by the State pursuant to section
1508(d)(6).
(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 nontraditional mortgage product 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
the test adequately measures the applicant's knowledge and
comprehension in appropriate subject areas, including--
(A) ethics;
(B) Federal law and regulation pertaining to mortgage
origination;
(C) State law and regulation pertaining to mortgage
origination;
(D) Federal and State law and regulation, including
instruction on fraud, consumer protection, the nontraditional
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 at
least 30 days after the preceding test.
(C) Subsequent retests.--After failing 3 consecutive tests,
an individual shall wait at least 6 months 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.
SEC. 1506. 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 nontraditional mortgage product 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. 1507. SYSTEM OF REGISTRATION ADMINISTRATION BY FEDERAL
AGENCIES.
(a) Development.--
(1) In general.--The Federal banking agencies shall
jointly, through the Federal Financial Institutions
Examination Council, and together with the Farm Credit
Administration, develop and maintain a system for
[[Page 13328]]
registering employees of a depository institution, employees
of a subsidiary that is owned and controlled by a depository
institution and regulated by a Federal banking agency, or
employees of an institution regulated by the Farm Credit
Administration, or exclusive agents of a national bank or
Federal savings association 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 enactment of this title.
(2) Registration requirements.--In connection with the
registration of any loan originator under this subsection,
the appropriate Federal banking agency and the Farm Credit
Administration shall, at a minimum, furnish or cause to be
furnished to the Nationwide Mortgage Licensing System and
Registry information concerning the employees's or exclusive
agent's identity, including--
______
SA 5029. Mr. NELSON of Florida (for himself and Mr. Coleman)
submitted an amendment intended to be proposed to amendment SA 4983
proposed by Mr. Reid (for Mr. Dodd (for himself and Mr. Shelby)) to the
bill H.R. 3221, moving the United States toward greater energy
independence and security, developing innovative new technologies,
reducing carbon emissions, creating green jobs, protecting consumers,
increasing clean renewable energy production, and modernizing our
energy infrastructure, and to amend the Internal Revenue Code of 1986
to provide tax incentives for the production of renewable energy and
energy conservation; which was ordered to lie on the table; as follows:
On page 588, between lines 14 and 15, insert the following:
SEC. __. PENALTY-FREE WITHDRAWALS FROM RETIREMENT PLANS FOR
FORECLOSURE RECOVERY RELIEF FOR INDIVIDUALS
WITH MORTGAGES ON THEIR PRINCIPAL RESIDENCES.
(a) In General.--Section 72(t) of the Internal Revenue Code
of 1986 shall not apply to any qualified foreclosure recovery
distribution.
(b) Limitations.--
(1) In general.--For purposes of this section, in the case
of an individual who is an eligible taxpayer, the aggregate
amount of distributions received by the individual which may
be treated as qualified foreclosure recovery distributions
for any taxable year shall not exceed the lesser of--
(A) the individual's qualified mortgage expenditures for
the taxable year, or
(B) the excess (if any) of--
(i) $25,000, over
(ii) the aggregate amounts treated as qualified foreclosure
recovery distributions received by such individual for all
prior taxable years.
(2) Eligible taxpayer.--The term ``eligible taxpayer''
means, with respect to any taxable year, a taxpayer--
(A) with adjusted gross income for the taxable year not in
excess of $55,000 ($110,000 in the case of a joint return
under section 6013), and
(B) who provides certification to the Secretary of
participation in the Hope for Homeowners Program established
under section 1402 of the Housing and Economic Recovery Act
of 2008 or any other government or mortgage industry-
sponsored foreclosure prevention plan during such taxable
year.
(3) Treatment of plan distributions.--
(A) In general.--If a distribution to an individual would
(without regard to paragraph (1) or (2)) be a qualified
foreclosure recovery distribution, a plan shall not be
treated as violating any requirement of the Internal Revenue
Code of 1986 merely because the plan treats such distribution
as a qualified foreclosure recovery distribution, unless the
aggregate amount of such distributions from all plans
maintained by the employer (and any member of any controlled
group which includes the employer) to such individual exceeds
$25,000.
(B) Controlled group.--For purposes of subparagraph (A),
the term ``controlled group'' means any group treated as a
single employer under subsection (b), (c), (m), or (o) of
section 414 of such Code.
(c) Amount Distributed May Be Repaid.--
(1) In general.--Any individual who receives a qualified
foreclosure recovery distribution may, at any time during the
2-year period beginning on the day after the date on which
such distribution was received, make one or more
contributions in an aggregate amount not to exceed the amount
of such distribution to an eligible retirement plan of which
such individual is a beneficiary and to which a rollover
contribution of such distribution could be made under section
402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of the
Internal Revenue Code of 1986, as the case may be.
(2) Treatment of repayments of distributions from eligible
retirement plans other than iras.--For purposes of such Code,
if a contribution is made pursuant to paragraph (1) with
respect to a qualified foreclosure recovery distribution from
an eligible retirement plan other than an individual
retirement plan, then the taxpayer shall, to the extent of
the amount of the contribution, be treated as having received
the qualified foreclosure recovery distribution in an
eligible rollover distribution (as defined in section
402(c)(4) of such Code) and as having transferred the amount
to the eligible retirement plan in a direct trustee to
trustee transfer within 60 days of the distribution.
(3) Treatment of repayments for distributions from iras.--
For purposes of such Code, if a contribution is made pursuant
to paragraph (1) with respect to a qualified foreclosure
recovery distribution from an individual retirement plan (as
defined by section 7701(a)(37) of such Code), then, to the
extent of the amount of the contribution, the qualified
foreclosure recovery distribution shall be treated as a
distribution described in section 408(d)(3) of such Code and
as having been transferred to the eligible retirement plan in
a direct trustee to trustee transfer within 60 days of the
distribution.
(4) Application to eligible retirement plans.--
(A) In general.--Nothing in this section shall be treated
as requiring an eligible retirement plan to accept any
contributions described in this subsection.
(B) Qualification.--An eligible retirement plan shall not
be treated as violating any requirement of Federal law solely
by reason of the acceptance of contributions described in
this subparagraph.
(d) Definitions.--For purposes of this section--
(1) Qualified foreclosure recovery distribution.--The term
``qualified foreclosure recovery distribution'' means any
distribution to an individual from an eligible retirement
plan which is made--
(A) on or after the date of the enactment of this Act and
before January 1, 2010, and
(B) during a taxable year during which the individual has
qualifying mortgage expenditures.
(2) Qualifying mortgage expenditures.--
(A) In general.--The term ``qualifying mortgage
expenditures'' means any of the following expenditures:
(i) Payment of principal or interest on an applicable
mortgage.
(ii) Payment of costs paid or incurred in refinancing, or
modifying the terms of, an applicable mortgage.
(B) Applicable mortgage.--The term ``applicable mortgage''
means a mortgage which--
(i) was entered into after December 31, 2002, and before
the date of the enactment of this Act, and
(ii) constitutes a security interest in the principal
residence of the mortgagor.
(C) Joint filers.--In the case of married individuals
filing a joint return under section 6013 of the Internal
Revenue Code of 1986, the qualifying mortgage expenditures of
the taxpayer may be allocated between the spouses in such
manner as they elect.
(3) Eligible retirement plan.--The term ``eligible
retirement plan'' shall have the meaning given such term by
section 402(c)(8)(B) of such Code.
(4) Principal residence.--The term ``principal residence''
has the same meaning as when used in section 121 of such
Code.
(e) Income Inclusion Spread Over 2-Year Period for
Qualified Foreclosure Recovery Distributions.--
(1) In general.--In the case of any qualified foreclosure
recovery distribution, unless the taxpayer elects not to have
this subsection apply for any taxable year, any amount
required to be included in gross income for such taxable year
shall be so included ratably over the 2-taxable year period
beginning with such taxable year.
(2) Special rule.--For purposes of paragraph (1), rules
similar to the rules of subparagraph (E) of section
408A(d)(3) of the Internal Revenue Code of 1986 shall apply.
(f) Special Rules.--
(1) Exemption of distributions from trustee to trustee
transfer and withholding rules.--For purposes of sections
401(a)(31), 402(f), and 3405 of the Internal Revenue Code of
1986, qualified foreclosure recovery distributions shall not
be treated as eligible rollover distributions.
(2) Qualified foreclosure recovery distributions treated as
meeting plan distribution requirements.--For purposes of such
Code, a qualified foreclosure recovery distribution shall be
treated as meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and
457(d)(1)(A) of such Code.
(3) Substantially equal periodic payments.--A qualified
foreclosure recovery distribution--
(A) shall be disregarded in determining whether a payment
is a part of a series of substantially equal periodic payment
under section 72(t)(2)(A)(iv) of such Code, and
(B) shall not constitute a change in substantially equal
periodic payments under section 72(t)(4) of such Code.
(g) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any
amendment to any plan or annuity contract, such plan or
contract shall be treated as being operated in accordance
with the terms of the plan during the period described in
paragraph (2)(B)(i).
[[Page 13329]]
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is made--
(i) pursuant to the provisions this section, or pursuant to
any regulation issued by the Secretary of the Treasury or the
Secretary of Labor under this section, and
(ii) on or before the last day of the first plan year
beginning on or after January 1, 2010, or such later date as
the Secretary of the Treasury may prescribe.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), clause (ii)
shall be applied by substituting the date which is 2 years
after the date otherwise applied under clause (ii).
(B) Conditions.--This subsection shall not apply to any
amendment unless--
(i) during the period--
(I) beginning on the date the legislative or regulatory
amendment described in subparagraph (A)(i) takes effect (or
in the case of a plan or contract amendment not required by
such legislative or regulatory amendment, any later effective
date specified by the plan), and
(II) ending on the date described in subparagraph (A)(ii)
(or, if earlier, the date the plan or contract amendment is
adopted),
the plan or contract is operated as if such plan or contract
amendment were in effect; and
(ii) such plan or contract amendment applies retroactively
for such period.
SEC. __. APPLICATION OF CONTINUOUS LEVY TO PROPERTY SOLD OR
LEASED TO THE FEDERAL GOVERNMENT.
(a) In General.--Paragraph (3) of section 6331(h) is
amended by striking ``goods'' and inserting ``property''.
(b) Effective Date.--The amendment made by this section
shall apply to levies approved after the date of the
enactment of this Act.
SEC. __. INVESTMENT OF OPERATING CASH.
Section 323 of title 31, United States Code, is amended to
read as follows:
``Sec. 323. Investment of operating cash
``(a) To manage United States cash, the Secretary of the
Treasury may invest any part of the operating cash of the
Treasury for not more than 90 days. The Secretary may invest
the operating cash of the Treasury in--
``(1) obligations of depositories maintaining Treasury tax
and loan accounts secured by pledged collateral acceptable to
the Secretary;
``(2) obligations of the United States Government; and
``(3) repurchase agreements with parties acceptable to the
Secretary.
``(b) Subsection (a) of this section does not require the
Secretary to invest a cash balance held in a particular
account.
``(c) The Secretary shall consider the prevailing market in
prescribing rates of interest for investments under
subsection (a)(1) of this section.
``(d)(1) The Secretary of the Treasury shall submit each
fiscal year to the appropriate committees a report detailing
the investment of operating cash under subsection (a) for the
preceding fiscal year. The report shall describe the
Secretary's consideration of risks associated with
investments and the actions taken to manage such risks.
``(2) For purposes of paragraph (1), the term `appropriate
committees' means the Committees on Financial Services and
Ways and Means of the House of Representatives and the
Committees on Finance and Banking, Housing, and Urban Affairs
of the Senate.''.
____________________
NOTICES OF HEARINGS
Committee on Energy and Natural Resources
Mr. BINGAMAN. Mr. President, I would like to announce for the
information of the Senate and the public that a hearing has been
scheduled before Committee on Energy and Natural Resources Subcommittee
on Public Lands and Forests.
The hearing will be held on Wednesday, July 9, 2008, at 2:30 p.m. in
room SD-366 of the Dirksen Senate Office Building.
The purpose of the hearing is to receive testimony on the following
bills: S. 2443 and H.R. 2246, to provide for the release of any
reversionary interest of the United States in and to certain lands in
Reno, Nevada; S. 2779, to amend the Surface Mining Control and
Reclamation Act of 1977 to clarify that uncertified States and Indian
tribes have the authority to use certain payments for certain noncoal
reclamation projects; S. 2875, to authorize the Secretary of the
Interior to provide grants to designated States and tribes to carry out
programs to reduce the risk of livestock loss due to predation by gray
wolves and other predator species or to compensate landowners for
livestock loss due to predation; S. 2898 and H.R. 816, to provide for
the release of certain land from the Sunrise Mountain Instant Study
Area in the State of Nevada; S. 3088, to designate certain land in the
State of Oregon as wilderness, and for other purposes; S. 3089, to
designate certain land in the State of Oregon as wilderness, and for
other purposes; S. 3089, to designate certain land in the State of
Oregon as wilderness, to provide for the exchange of certain Federal
land and non-Federal land, and for other purposes; and S. 3157, to
provide for the exchange and conveyance of certain National Forest
System land and other land in southeast Arizona, and for other
purposes.
Because of the limited time available for the hearing, witnesses may
testify by invitation only. However, those wishing to submit written
testimony for the hearing record should send it to the Committee on
Energy and Natural Resources, United States Senate, Washington, DC
20510-6150, or by email to [email protected]
.gov.
For further information, please contact David Brooks at (202) 224-
9863 or Rachel Pasternack at (202) 224-0883.
COMMITTEE ON INDIAN AFFAIRS
Mr. DORGAN. Mr. President, I would like to announce that the
Committee on Indian Affairs will meet on Thursday, June 26, at 9:30
a.m. room 562 of the Dirksen Senate Office Building to conduct an
oversight hearing on Access to Contract Health Services in Indian
Country.
Those wishing additional information may contact the Indian Affairs
Committee at 224-2251.
COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP
Mr. KERRY. Mr. President, I would like to inform Members that the
Committee on Small Business and Entrepreneurship will hold a hearing
entitled ``Examining Solutions to Cope with the Rise in Home Heating
Oil Prices,'' on Wednesday, June 25, 2008, at 10 a.m., in room 428A of
the Russell Senate Office Building.
____________________
HIGHER EDUCATION ACT OF 1965 EXTENSION
Mr. REID. Madam President, I ask unanimous consent the Senate proceed
to S. 3180 that was introduced today.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 3180) to temporarily extend the programs under
the Higher Education Act of 1965.
There being no objection, the Senate proceeded to consider the bill.
Mr. REID. I ask unanimous consent the bill be read three times,
passed, the motion to reconsider be laid on the table with no
intervening action or debate, and any statements relating to this
matter be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 3180) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 3180
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXTENSION OF HIGHER EDUCATION PROGRAMS.
(a) Extension of Programs.--Section 2(a) of the Higher
Education Extension Act of 2005 (Public Law 109-81; 20 U.S.C.
1001 note) is amended by striking ``June 30, 2008'' and
inserting ``July 31, 2008''.
(b) Rule of Construction.--Nothing in this section, or in
the Higher Education Extension Act of 2005 as amended by this
Act, shall be construed to limit or otherwise alter the
authorizations of appropriations for, or the durations of,
programs contained in the amendments made by the Higher
Education Reconciliation Act of 2005 (Public Law 109-171), by
the College Cost Reduction and Access Act (Public Law 110-
84), or by the Ensuring Continued Access to Student Loans Act
of 2008 (Public Law 110-227) to the provisions of the Higher
Education Act of 1965 and the Taxpayer-Teacher Protection Act
of 2004.
____________________
RECOGNIZING SOIL AS AN ESSENTIAL NATURAL RESOURCE
Mr. REID. Madam President, I ask unanimous consent the agriculture
committee be discharged from further consideration of S. Res. 440 and
the Senate proceed to it now.
[[Page 13330]]
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report the resolution by title.
The assistant legislative clerk read as follows:
A resolution (S. Res. 440) recognizing soil as an essential
natural resource, and soils professionals as playing a
critical role in managing our Nation's soil resources.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. REID. I ask unanimous consent the resolution be agreed to, the
preamble be agreed to, the motions to reconsider be laid on the table,
with no intervening action or debate, and any statements be printed in
the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 440) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 440
Whereas soil, plant, animal, and human health are
intricately linked and the sustainable use of soil affects
climate, water and air quality, human health, biodiversity,
food safety, and agricultural production;
Whereas soil is a dynamic system which performs many
functions and services vital to human activities and
ecosystems;
Whereas, despite soil's importance to human health, the
environment, nutrition and food, feed, fiber, and fuel
production, there is little public awareness of the
importance of soil protection;
Whereas the degradation of soil can be rapid, while the
formation and regeneration processes can be very slow;
Whereas protection of United States soil based on the
principles of preservation and enhancement of soil functions,
prevention of soil degradation, mitigation of detrimental
use, and restoration of degraded soils is essential to the
long-term prosperity of the United States;
Whereas legislation in the areas of organic, industrial,
chemical, biological, and medical waste pollution prevention
and control should consider soil protection provisions;
Whereas legislation on climate change, water quality,
agriculture, and rural development should offer a coherent
and effective legislative framework for common principles and
objectives that are aimed at protection and sustainable use
of soils in the United States;
Whereas soil contamination coupled with poor or
inappropriate soil management practices continues to leave
contaminated sites unremediated; and
Whereas soil can be managed in a sustainable manner, which
preserves its capacity to deliver ecological, economic, and
social benefits, while maintaining its value for future
generations: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes it as necessary to improve knowledge,
exchange information, and develop and implement best
practices for soil management, soil restoration, carbon
sequestration, and long-term use of the Nation's soil
resources;
(2) recognizes the important role of soil scientists and
soils professionals, who are well-equipped with the
information and experience needed to address the issues of
today and those of tomorrow in managing the Nation's soil
resources;
(3) commends soil scientists and soils professionals for
their efforts to promote education, outreach, and awareness
necessary for generating more public interest in and
appreciation for soils; and
(4) acknowledges the promise of soil scientists and soils
professionals to continue to enrich the lives of all
Americans by improving stewardship of the soil, combating
soil degradation, and ensuring the future protection and
sustainable use of our air, soil, and water resources.
____________________
CONGRATULATING THE BOSTON CELTICS
Mr. REID. Madam President, I ask unanimous consent the Judiciary
Committee be discharged from further consideration of S. Res. 596.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the resolution by title.
The assistant legislative clerk read as follows:
A resolution (S. Res. 596) congratulating the Boston
Celtics on winning the 2008 NBA Championship.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. REID. I ask unanimous consent the resolution be agreed to, the
preamble be agreed to, the motions to reconsider be laid upon the
table, with no intervening action or debate, and any statements related
to the resolution be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 596) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 596
Whereas, on June 17, 2008, the Boston Celtics won the 2008
National Basketball Association Championship (referred to in
this preamble as the ``2008 Championship'') in 6 games over
the Los Angeles Lakers;
Whereas the 2008 Championship was the 17th world
championship won by the Celtics, the most in the history of
the National Basketball Association (referred to in this
preamble as the ``NBA'');
Whereas the 2008 Championship marked the culmination of the
greatest single season turnaround in the history of the NBA,
as the Celtics improved from a record of 24-58 during the
2007-2008 season to a league-best 66-16 mark during the 2007-
2008 campaign;
Whereas the 2008 Celtics NBA Championship team, like all
great Celtics champions of the past, epitomized team work,
selflessness, character, effort, camaraderie, toughness, and
determination;
Whereas the 2008 Celtics honored the rich legacy of their
franchise, which was--
(1) established by a legion of all-time greats, including
Bill Russell, Larry Bird, John Havlicek, Bob Cousy, Tom
Heinsohn, K.C. Jones, Sam Jones, Jo Jo White, Dave Cowens,
Kevin McHale, Robert Parish, Dennis Johnson, and Tom
``Satch'' Sanders; and
(2) masterminded by one of the legendary coaches of all
sports, Arnold ``Red'' Auerbach;
Whereas Celtics managing partner Wyc Grousbeck and the
entire Celtics ownership group never wavered from paying the
price to raise ``Banner #17'' to the Garden rafters;
Whereas the 2008 Celtics were brought together by a former
Celtics player, Danny Ainge, whose off-season acquisitions of
NBA All-Stars Kevin Garnett and Ray Allen earned him the 2008
NBA Executive of the Year Award;
Whereas the Celtics were led by Doc Rivers, who--
(1) oversaw the smooth integration of new superstars and
untested young players into the Celtics lineup; and
(2) assembled, and ensured the execution of, a masterful
NBA Finals game plan;
Whereas the Celtics featured a 21st century ``Big Three''
comprised of Paul Pierce, Kevin Garnett, and Ray Allen, 3
veteran players who worked together and never allowed their
personal ambition or pursuit of individual statistics to
interfere with the goal of the team to win a championship;
Whereas a group of talented young players contributed
pivotal roles in the march of the Celtics to the 2008
Championship, including point guard Rajon Rondo, center
Kendrick Perkins, forward Leon Powe, guard Tony Allen, and
forward Glen ``Big Baby'' Davis;
Whereas the valuable bench of the Celtics was stocked with
veteran role players who made significant contributions
during the season, including forward James Posey, guard Eddie
House, guard Sam Cassell, forward P.J. Brown, forward Brian
Scalabrine, and center Scott Pollard;
Whereas the 2008 Celtics team demonstrated remarkable poise
and gained invaluable playoff experience in defeating the
Atlanta Hawks, the Cleveland Cavaliers, and the Detroit
Pistons in hard-fought series during which every possession
counted at both the offensive and defensive ends of the
floor;
Whereas, after 26 playoff games, the Celtics ultimately
secured the 17th NBA Championship of the franchise in one of
the most dominating performances in NBA history, a 39-point
rout of the Lakers in front of a raucous Garden crowd; and
Whereas the Celtics fans in the State of Massachusetts, in
New England, and throughout the world never gave up hope that
the franchise would someday return to glory and give a new
generation of Celtics fans the opportunity to celebrate a
championship: Now, therefore, be it
Resolved, That the Senate--
(1) congratulates--
(A) the Boston Celtics for winning the 2008 National
Basketball Association Championship, including the players,
head coach, coaches, support staff, and team owners and
executives whose ability, hard work, dedication, and spirit
made the season possible; and
(B) the Los Angeles Lakers for their success during the
2008 season and winning the National Basketball Association
Western Conference Championship; and
(2) directs the Enrolling Clerk of the Senate to transmit
an enrolled copy of this resolution to--
(A) the 2008 Boston Celtics team;
(B) Celtics head coach Doc Rivers;
(C) Celtics general manager Danny Ainge; and
(D) Celtics managing partner Wyc Grousbeck.
Mr. REID. Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
[[Page 13331]]
Mr. REID. I ask unanimous consent that the order for the quorum call
be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
ORDERS FOR TUESDAY, JUNE 24, 2008
Mr. REID. I ask unanimous consent that when the Senate completes its
business today, it stand in recess until 10 a.m. tomorrow, June 24;
that following the prayer and pledge, the Journal of proceedings be
approved to date and the Senate resume consideration of the House
message to accompany H.R. 3221, the housing reform legislation, with
the hour prior to the cloture vote equally divided between the two
leaders or their designees. I further ask unanimous consent that the
Senate recess from 12:30 until 2:15 p.m. to allow for the weekly caucus
luncheons.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PROGRAM
Mr. REID. Tomorrow, around 11 a.m., there will be a vote on cloture
on a motion to concur in the House amendment with the Dodd-Shelby
substitute.
Senators will have until 10:30 a.m. to file amendments to the
substitute. We have a big day tomorrow. We hope to get cloture on this
housing bill and wrap it up as quickly as we can.
We expect to complete a number of judges, and we have, before the end
of the work period, as I announced this morning, to do something about
Medicare, the supplemental appropriations bill, FISA, and hopefully a
few other things. But those are the essentials we need to do.
____________________
RECESS UNTIL 10 A.M. TOMORROW
Mr. REID. If there is no further business to come before the Senate,
I ask unanimous consent that it stand in recess under the previous
order.
There being no objection, the Senate, at 5:24 p.m., recessed until
Tuesday, June 24, 2008, at 10 a.m.
____________________
NOMINATIONS
Executive nominations received by the Senate:
IN THE ARMY
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:
To be general
LT. GEN. ANN E. DUNWOODY
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:
To be lieutenant general
MAJ. GEN. DAVID M. RODRIGUEZ
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:
To be lieutenant general
MAJ. GEN. EDGAR E. STANTON III
THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES
OFFICER FOR PROMOTION IN THE RESERVE OF THE ARMY TO THE GRADE
INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211:
To be brigadier general
COL. JAMES R. ANDERSON
[[Page 13332]]
HOUSE OF REPRESENTATIVES--Monday, June 23, 2008
The House met at 12:30 p.m. and was called to order by the Speaker
pro tempore (Ms. Berkley).
____________________
DESIGNATION OF SPEAKER PRO TEMPORE
The SPEAKER pro tempore laid before the House the following
communication from the Speaker:
Washington, DC,
June 23, 2008.
I hereby appoint the Honorable Shelley Berkley to act as
Speaker pro tempore on this day.
Nancy Pelosi,
Speaker of the House of Representatives.
____________________
MORNING-HOUR DEBATE
The SPEAKER pro tempore. Pursuant to the order of the House of
January 4, 2007, the Chair will now recognize Members from lists
submitted by the majority and minority leaders for morning-hour debate.
____________________
END THE OCS MORATORIUM
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Florida (Mr. Stearns) for 5 minutes.
Mr. STEARNS. Good morning, Madam Speaker.
A question for all of us: Why would the most powerful economy in the
world leave so much of its own energy sources untapped?
Alone among all the countries, the United States has placed a
substantial amount of its oil and natural gas potential off limits.
Other countries have the potential to drill just off their shores, but
United States' firms face strict restrictions on drilling in most
offshore areas even as American drivers face sharply higher prices at
the gas pump.
Domestic oil and gas production has failed to keep pace with the
growing demand both domestically and abroad, but it's not because we're
not lacking for domestic energy. Since the 1990s, the Federal
Government has placed severe restrictions on new energy development,
particularly in some of our most promising areas.
As this graph shows, Congress has placed over 85 percent of our Outer
Continental Shelf off limits. Back then, oil and natural gas were
cheap, and the need for additional energy was not considered
significant. Also, the 1989 Exxon Valdez oil tanker spill led to the
heightened environmental concerns about offshore energy production.
Environmental concerns took precedence over future economic
considerations. Soon, access to 85 percent of federally controlled
offshore areas had been restricted, including the Pacific and Atlantic
coasts and portions of the area off the shores of Alaska and off the
eastern Gulf of Mexico. No one knows how much energy lies in those
areas, but many agree there is enough to bring stability to energy
markets and to make a real difference in oil and natural gas prices for
many years to come.
According to a recent Interior Department study, restricted offshore
areas are known to contain--and this is a fact--15 billion barrels of
oil and 60 trillion cubic feet of natural gas, but literally, when they
go to estimate beyond the hard facts, the estimate goes up to 86
billion barrels of oil and even higher and to 420 trillion cubic feet
of natural gas, enough oil to replace all of our imports for the next
27 years at current rates. In fact, it may be even higher given that
most of the off-limit areas have not been thoroughly explored.
New technology and what we estimate based upon the 1980s is probably
not correct. Our policies need to catch up with our times. Oil and
natural gas prices have tripled since the 1990s. Demand continues to
increase by a steady 1.5 percent per year. Imports have increased.
Political stability in oil-producing nations has decreased. Domestic
production has flattened, all while our ability to extract resources
without environmental damage has increased dramatically.
With all of this energy out there, with demands at all-time highs and
with prices remaining high, what has taken so long?
The biggest problem has been environmental concerns, being worried
about a spill. What would it do to the tourist industry, for example,
in the gulf coast areas? The National Academy of Sciences says,
``Improved production technology and safety training of personnel have
dramatically reduced both blowouts and daily operational spills.''
The danger of such spills has been greatly reduced. Of the more than
7 billion barrels of oil pumped offshore in the past 25 years, 0.001
percent--that is one thousandth of 1 percent--has been spilled. In
fact, even during Katrina and Rita, during winds that reached 170 miles
per hour and during lashing waves that took out a quarter of America's
domestic energy production, no significant spills were reported.
Furthermore, Cuba wants to let the Chinese drill in some of the very
parts of the gulf that American producers are forbidden to touch, some
as close as 45 miles off the Florida coast.
Do we truly believe the environmental safeguards of Chinese energy
firms are better than ours?
It's time we stop assuming that all energy exploration is bad. Most
takes place too far from the coast to be seen, and we haven't even had
a spill from offshore drilling in over 40 years, neither has Canada,
which permits drilling off its Atlantic and Pacific coasts and in the
Great Lakes where some rigs are closer to U.S. shores than American
producers are permitted to drill.
Madam Speaker, America's energy problems are partially self-imposed,
and that needs to end. Congress overreacted in the 1990s, and it needs
to undo that damage. Our need for affordable energy will not decrease,
and the time has come to lift the restrictions on offshore energy
production and to let U.S. producers do what they can do to meet our
growing energy demands. It's time for this Congress to get serious
about bridging the growing gap between supply and demand. Opening the
Outer Continental Shelf to environmentally sound exploration could be
just the way to do it.
____________________
GAS PRICES AND ENERGY SUPPLY IN THE UNITED STATES
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Georgia (Mr. Price) for 5 minutes.
Mr. PRICE of Georgia. Madam Speaker, here it is, Monday, at 12:38
p.m. We find the House back in order for another week. What will we be
doing this week?
Well, Madam Speaker, we're going to pass a bill that recognizes the
achievements of America's high school valedictorians of the class of
2008. We're going to pass a bill honoring the life and musical
accomplishments and contributions of Louis Jordan on the 100th
anniversary of his birth. We're going to pass a bill that recognizes
Pittsfield, Massachusetts as being the home of the earliest known
reference to the word ``baseball'' in the United States. We're going to
pass a bill supporting the goals and ideals of Black Music Month and to
honor the outstanding contributions of African American singers. We're
going to pass a bill expressing the sense of Congress that schools in
[[Page 13333]]
the United States should honor the contributions of individuals from
the territories of the United States. We're going to pass a bill naming
a veterans' outpatient clinic in Wenatchee, Washington. We're going to
pass a bill naming a veterans' center in Tampa, Florida. We're going to
pass a bill recognizing National Homeownership Month and the importance
of homeownership in the United States. We're going to pass a bill
expressing support for the designation of September 2008 as the Gospel
Music Heritage Month. We're going to pass a bill naming a post office
in Indianola, Mississippi. We're going to pass a bill honoring the life
of Robert Mondavi.
Madam Speaker, all of those are important things, and they would be
fine for us to do if we were dealing with the number one issue of
Americans across this Nation, and that is the issue of gas prices and
energy supply in the United States.
Last week, the Speaker told us that we would be dealing with the
issue this week, possibly, although it's not on the list--but
possibly--and there may be four bills that they'll bring forward, that
the majority party will bring forward. One is to increase regulation.
That ought to do a lot to increase supply. One is to require that oil
companies holding Federal leases use them or lose them. That will not
do much to increase supply because it's already the law of the land.
We're going to pass a bill to pay transit fares--bus tickets--for
folks. It's not a bad idea, maybe, but what will that do for supply?
We're going to pass an antiprice-gouging measure that the House has
already passed on a number of occasions. That's not doing a thing for
supply.
Facts are troubling things, and the fact right now is that this House
of Representatives is doing nothing, nothing to increase the supply of
gasoline for the United States, nothing to increase American energy for
Americans. Consequently, what we see are record gas prices continuing--
$4.08 over the weekend, $4.10, I understand, today. There are a couple
of other interesting facts, Madam Speaker.
The United States has expanded its dependence on foreign members of
OPEC by a full 7 percent in 2007 alone.
Another fact, Madam Speaker, is that the United States is the only
developed nation in the world that forbids safe energy production on
its Outer Continental Shelf, deep sea exploration. The only nation in
the world.
Another fact, Madam Speaker, is that the U.S. Minerals Management
Service estimates that America's Outer Continental Shelf contains
nearly 86 billion barrels of oil, enough oil to replace OPEC imports
for 50 years.
Another fact, Madam Speaker, is that, when bills to increase the
supply of gas for Americans and American energy for Americans have come
to the floor of this House, 81 percent of the time, Republicans have
supported those bills; 83 percent of the time, Democrats have opposed
those bills.
So the law of supply and demand is clear. If you increase supply, you
decrease the cost, and you decrease the price at the pump. So, yes, we
need to conserve. Yes, we need to make certain that we find alternative
fuel sources for the future, but right now, in the short term, in the
near term, it's incumbent upon this House to make certain that we
increase supply.
American energy for Americans.
There are easy ways to do that. What we demand is that the House be
allowed to vote.
____________________
RECESS
The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the
Chair declares the House in recess until 2 p.m. today.
Accordingly (at 12 o'clock and 42 minutes p.m.), the House stood in
recess until 2 p.m.
____________________
{time} 1400
AFTER RECESS
The recess having expired, the House was called to order by the
Speaker pro tempore (Ms. Edwards of Maryland) at 2 p.m.
____________________
PRAYER
The Chaplain, the Reverend Daniel P. Coughlin, offered the following
prayer:
Hope for the future, Lord God, is very much a part of the American
character. Bless this society which places such a high value on
personal freedom. Help all Americans to see that freedom is not only a
treasured gift but a summons to personal responsibility.
May the Members of Congress set an example for the rest of the Nation
by working diligently this week to address responsibly the country's
problems and seek the common good of the people.
In whatever they do or say, may they give You glory and honor both
now and forever. Amen.
____________________
THE JOURNAL
The SPEAKER pro tempore. The Chair has examined the Journal of the
last day's proceedings and announces to the House her approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.
____________________
PLEDGE OF ALLEGIANCE
The SPEAKER pro tempore. Will the gentlewoman from Texas (Ms. Eddie
Bernice Johnson) come forward and lead the House in the Pledge of
Allegiance.
Ms. EDDIE BERNICE JOHNSON of Texas 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.
____________________
MESSAGE FROM THE SENATE
A message from the Senate by Ms. Curtis, one of its clerks, announced
that the Senate has passed without amendment concurrent resolutions of
the House of the following titles:
H. Con. Res. 307. Concurrent resolution expressing the
sense of Congress that Members' Congressional papers should
be properly maintained and encouraging Members to take all
necessary measures to manage and preserve these papers.
H. Con. Res. 335. Concurrent resolution authorizing the use
of the Capitol Grounds for a celebration of the 100th
anniversary of Alpha Kappa Alpha Sorority, Incorporated.
The message also announced that pursuant to Public Law 110-181, and
in consultation with the Chairmen of the Committee on Armed Services,
the Committee on Homeland Security and Governmental Affairs, and the
Committee on Foreign Relations, the Chair, on behalf of the Vice
President, appoints the following individuals to be members of the
Commission on Wartime Contracting in Iraq and Afghanistan:
Linda J. Gustitus of the District of Columbia.
Charles Tiefer of Maryland.
____________________
AMERICANS SPEAK UP
(Mr. WILSON of South Carolina asked and was given permission to
address the House for 1 minute and to revise and extend his remarks.)
Mr. WILSON of South Carolina. Madam Speaker, Americans are speaking
up about rising gas prices.
The polls show that well over 60 to 70 percent of Americans support
exploration of American oil and natural gas reserves, and we are seeing
a vocal outpouring of disappointment in Washington's refusal to take
action.
For example, former Speaker of the House Newt Gingrich has put a
petition on his Web site asking Americans to send a message to
Washington that we need to ``Drill Here, Drill Now, and Pay Less.'' As
of today, the petition has over 1.1 million signatures. Surely this is
only a snapshot of the millions more in America who are feeling the
pinch from rising energy prices. That is the bad news.
The good news is that House Republicans have a plan to reduce our
dependence on foreign oil, invest in a future of renewable, cleaner
energy resources, and ask the American people to participate through
conservation. We have a plan, and the American people have the will to
put that plan into action if House Democrats stop standing in the way.
[[Page 13334]]
In conclusion, God bless our troops, and we will never forget
September the 11th.
____________________
OFFSHORE ENERGY EXPLORATION IS LONG OVERDUE
(Mr. CALVERT asked and was given permission to address the House for
1 minute.)
Mr. CALVERT. Madam Speaker, the American people recognize that
expanding our offshore energy exploration is long overdue.
Unfortunately, my Democratic colleagues have failed to reach this
obvious conclusion, so let me offer them some help.
This is our country. This is our country's Outer Continental Shelf.
There is oil and natural gas in the Outer Continental Shelf that
belongs to us, the American people. As offshore oil production
increases, our domestic oil supply increases. As oil supplies increase,
prices will decline. Let me repeat that for my Democratic colleagues.
This is our country. This is our country's Outer Continental Shelf.
There is oil and natural gas in the Outer Continental Shelf that
belongs to us, the American people. As offshore oil production
increases, our domestic oil supply increases. As supplies increase,
prices will decline.
Hopefully, for the sake of the Americans that are suffering at the
gas pump, our Democratic colleagues can learn what everybody else in
the world has known all along: If you have energy resources, use them.
____________________
CONGRATULATING THE TOWN OF JONESVILLE ON ITS NEW TOWN HALL
(Ms. FOXX asked and was given permission to address the House for 1
minute.)
Ms. FOXX. Madam Speaker, today I want to congratulate the people of
Jonesville, North Carolina on the completion of their new town hall.
Jonesville's new town hall will serve both as a government center and
the hub for the town's tourism outreach efforts.
While I was unable to attend the grand opening event this past Friday
due to Congress being in session, congratulations are in order for
everyone in Jonesville who helped make this important project a
success. I want to praise Mayor Lindbergh Swain for his leadership and
also the people at USDA Rural Development for their help in securing
critical financing for the new town hall.
This town hall, which replaces the town's more than half century old
town hall, promises not only to give the town a new government seat but
also to bolster the local tourist economy. Tourism is a growing segment
of the local economy in Yadkin and surrounding counties, and this new
facility is a wise investment in drawing new tourist dollars to
Jonesville. I applaud Jonesville for its forward thinking mindset, and
hope to visit the new town hall in the coming weeks.
____________________
ENERGY INDEPENDENCE
(Mr. DANIEL E. LUNGREN of California asked and was given permission
to address the House for 1 minute and to revise and extend his
remarks.)
Mr. DANIEL E. LUNGREN of California. Madam Speaker, soon we will be
breaking for the July 4 district work period. July 4, Independence Day.
But what are we doing about making us, the American people, independent
of foreign oil and foreign energy? If you look at the record in this
House, absolutely nothing.
The first response we had from the majority was denial. They say this
supply will do nothing. Well, of course it will do nothing unless you
explore it and produce it.
Then they say energy will be produced by lawsuit. We have got a bill
coming out of the Judiciary Committee. Sue, sue, sue, and somehow that
is going to give you more energy.
The American people are smart. They understand that if we have a
precious resource granted to us, we ought to use it.
Independence Day, July 4. Why can't we bring at least one bill to the
floor that would begin to give us energy independence?
____________________
FIXING THE ENERGY PROBLEM
(Mr. ROHRABACHER asked and was given permission to address the House
for 1 minute and to revise and extend his remarks.)
Mr. ROHRABACHER. Madam Speaker, for 30 years, we have seen the
development of new major gas and oil developments in our country
thwarted. For 30 years, we have had no new nuclear reactors built in
this country to provide us electricity. For 30 years, we have seen no
new refineries being built in this country. For 30 years, we haven't
even seen a hydroelectric dam being built in this country. And people
ask why are we paying $4 and $5 a gallon for gasoline now?
Well, what has happened, of course, is we have put ourselves in a
position where the discretionary income of our people is being robbed
from them because we were acting irresponsibly for these last 30 years.
Congressmen, elected representatives of the people, did not stand up to
a radical element which opposed all of these energy alternatives for
America and has left us vulnerable to our enemies overseas.
It is about time we speak up, we stand up, and we do what is right so
we can fix this problem that was caused by inaction for the last 30
years.
____________________
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.
____________________
NATIONAL GUARD AND RESERVISTS DEBT RELIEF ACT OF 2008
Mr. CONYERS. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 4044) to amend the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 to exempt from the means test in bankruptcy
cases, for a limited period, qualifying reserve-component members who,
after September 11, 2001, are called to active duty or to perform a
homeland defense activity for not less than 60 days, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4044
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 ``National Guard and
Reservists Debt Relief Act of 2008''.
SEC. 2. AMENDMENTS.
Section 707(b)(2)(D) of title 11, United States Code, is
amended--
(1) in clauses (i) and (ii)--
(A) by indenting the left margin of such clauses 2 ems to
the right, and
(B) by redesignating such clauses as subclauses (I) and
(II), respectively,
(2) by striking ``if the debtor is a disabled veteran'' and
inserting the following:
``if--
``(i) the debtor is a disabled veteran'',
(3) by striking the period at the end and inserting ``;
or'', and
(4) by adding at the end the following:
``(ii) while--
``(I) the debtor is--
``(aa) on, and during the 540-day period beginning
immediately after the debtor is released from, a period of
active duty (as defined in section 101(d)(1) of title 10) of
not less than 90 days; or
``(bb) performing, and during the 540-day period beginning
immediately after the debtor is no longer performing, a
homeland defense activity (as defined in section 901(1) of
title 32) performed for a period of not less than 90 days;
and
``(II) if after September 11, 2001, the debtor while a
member of a reserve component of the Armed Forces or a member
of the National Guard, was called to such active duty or
performed such homeland defense activity.''.
SEC. 3. GAO STUDY.
(a) Comptroller General Study.--Not later than 2 years
after the effective date of this Act, the Comptroller General
shall complete and transmit to the Speaker of the House of
Representatives and the President pro tempore of the Senate,
a study of the use and the effects of the provisions of law
amended (and as amended) by this Act. Such study shall
address, at a minimum--
[[Page 13335]]
(1) whether and to what degree members of reserve
components of the Armed Forces and members of the National
Guard avail themselves of the benefits of such provisions,
(2) whether and to what degree such members are debtors in
cases under title 11 of the United States Code that are
substantially related to service that qualifies such members
for the benefits of such provisions,
(3) whether and to what degree such members are debtors in
cases under such title that are materially related to such
service, and
(4) the effects that the use by such members of section
707(b)(2)(D) of such title, as amended by this Act, has on
the bankruptcy system, creditors, and the debt-incurrence
practices of such members.
(b) Factors.--For purposes of subsection (a)--
(1) a case shall be considered to be substantially related
to the service of a member of a reserve component of the
Armed Forces or a member of the National Guard that qualifies
such member for the benefits of the provisions of law amended
(and as amended) by this Act if more than 33 percent of the
aggregate amount of the debts in such case is incurred as a
direct or indirect result of such service,
(2) a case shall be considered to be materially related to
the service of a member of a reserve component of the Armed
Forces or a member of the National Guard that qualifies such
member for the benefits of such provisions if more than 10
percent of the aggregate amount of the debts in such case is
incurred as a direct or indirect result of such service, and
(3) the term ``effects'' means--
(A) with respect to the bankruptcy system and creditors--
(i) the number of cases under title 11 of the United States
Code in which members of reserve components of the Armed
Forces and members of the National Guard avail themselves of
the benefits of such provisions,
(ii) the aggregate amount of debt in such cases,
(iii) the aggregate amount of debt of such members
discharged in cases under chapter 7 of such title,
(iv) the aggregate amount of debt of such members in cases
under chapter 7 of such title as of the time such cases are
converted to cases under chapter 13 of such title,
(v) the amount of resources expended by the bankruptcy
courts and by the bankruptcy trustees, stated separately, in
cases under title 11 of the United States Code in which such
members avail themselves of the benefits of such provisions,
and
(vi) whether and to what extent there is any indicia of
abuse or potential abuse of such provisions, and
(B) with respect to debt-incurrence practices--
(i) any increase in the average levels of debt incurred by
such members before, during, or after such service,
(ii) any indicia of changes in debt-incurrence practices
adopted by such members in anticipation of benefitting from
such provisions in any potential case under such title; and
(iii) any indicia of abuse or potential abuse of such
provisions reflected in the debt-incurrence of such members.
SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b),
this Act and the amendments made by this Act shall take
effect 60 days after the date of the enactment of this Act.
(b) Application of Amendments.--The amendments made by this
Act shall apply only with respect to cases commenced under
title 11 of the United States Code in the 3-year period
beginning on the effective date of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Conyers) and the gentleman from California (Mr. Daniel E.
Lungren) each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. CONYERS. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CONYERS. Madam Speaker, I yield myself such time as I may
consume.
Members of the House, the National Guard and Reservists Debt Relief
Act is a part of the idea of improving the Bankruptcy Abuse Prevention
Act signed into law by President Bush 3 years ago. It effectuated a
comprehensive overhaul of bankruptcy, especially with regards to
consumers. These consumer bankruptcy amendments included the
establishment of a means testing mechanism to determine a debtor's
ability to repay debts. Under this test, a chapter 7 bankruptcy case is
presumed to be an abuse if it appears that a debtor has income in
excess of certain thresholds.
The measure before us today would exempt certain qualifying National
Guard members and Reserve members from the means test presumption of
abuse. Come to think of it, I would like to exempt some other people as
well.
But this legislation addresses the issue of fundamental fairness.
Those who find themselves in financial difficulty as a result of
service in the National Guard or being activated into it or the
aftermath of their service, particularly overseas, should not face the
additional burden of the means test.
Since September 11, 2001, almost one-half million members of the
National Guard and Reserves have been called to Iraq and Afghanistan.
Some of them have even served multiple tours of duty. And so it is easy
to understand that these unanticipated deployments disrupt their lives
and their family members and leads to financial hardship. So we are
happy for the gentlelady from Chicago, Illinois, Jan Schakowsky, who
has included an effort that has attracted our colleagues on both sides
of the aisle. I am very happy to report this from the Judiciary
Committee.
I reserve the balance of my time.
{time} 1415
Mr. DANIEL E. LUNGREN of California. Madam Speaker, I rise in support
of H.R. 4044, the National Guard and Reservists Debt Relief Act of
2008. I am happy that the House is considering today this bipartisan
legislation.
As the gentleman from Michigan, the chairman of the committee
mentioned, several years ago we passed the Bankruptcy Abuse Prevention
and Consumer Protection Act. The purpose was to ensure that bankruptcy
procedures were still allowed for those who needed them, and yet the
abuses that we had seen in the years leading up to the bill would be
reduced if not eliminated. It received bipartisan support.
Today's bill deals with a part of that scene that needs to be
addressed and addressed immediately. Republicans strongly support the
mission and appreciate the sacrifice of our dedicated reservists and
guardsmen. As many people know, we rely far more on our National Guard
and Reservists in the conflict that we have ongoing in the Middle East
today than we have in previous conflicts. That was a conscious decision
by the Congress of the United States over the last couple of decades.
As a result, many, many more dedicated reservists and guardsmen are
assuming responsibility in areas of conflict. We agree that reservists
and guardsmen who are plunged into bankruptcy by the demands of their
service should be given a helping hand under the bankruptcy code.
In committee, Republicans labored long and hard to achieve a workable
compromise that would help these serving men and women. The major issue
for committee Republicans was simple--that the bill respond to
bankruptcies attributable to a reservist's or guardsman's service.
This bill does not perfectly meet that concern. However, it is part
of the art of compromise and it meets it sufficiently for committee
Republicans to support passage.
It does this first by requiring an important study by the GAO. The
study will examine the degree to which bankruptcies benefiting from the
bill are indeed attributable to service, as we hope they will be.
The study thus will help us to be sure of whether reservists and
guardsmen are using the relief granted by the bill when it is their
service that leads to bankruptcy. And the study must be completed
promptly within 2 years of enactment.
Secondly, the bill includes a 3-year sunset. When we are asked to
reauthorize the bill, we will have the GAO study and report. And we
will know for sure how the bill is working, and if it needs to be
modified, how it should be modified. It is not my expectation that it
would be abused, but if it is, we would be able to address that at the
time the reauthorization is considered.
With these requirements added, I am pleased to support passage of the
bill.
I reserve the balance of my time.
Mr. CONYERS. Madam Speaker, I reserve the balance of my time.
Mr. DANIEL E. LUNGREN of California. Madam Speaker, I yield 5 minutes
to the gentleman from California,
[[Page 13336]]
one of the major sponsors of this bill, active sponsor of this bill,
Mr. Dana Rohrabacher.
Mr. ROHRABACHER. Madam Speaker, I rise in strong support of this
legislation.
Madam Speaker, today marks the culmination of work that should have
been finished long ago. On April 14, 2005, the House considered S. 256,
the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,
which was a much needed and responsible reform. Then in the minority,
my colleague, Ms. Schakowsky, introduced a motion to recommit so that
the bill would allow a targeted exemption from the bankruptcy means
test for those National Guard and Reservists who had been called up
after 9/11.
At the time of the floor debate, I was told by the Republican floor
manager that the Schakowsky motion was redundant, that there was
already such protection for our National Guard and Reservists under the
Service Member's Civil Relief Act. Because of this, I voted against the
motion and it failed on a party line vote, 220 yeas to 229 nays.
I soon found out that I and other Republican Members had been
misinformed, apparently to prevent the then-minority from having any
legislative success.
Yes, disabled veterans are exempt from the new bankruptcy means test,
but not activated reservists and guardsmen, the men and women torn from
their jobs and families, sent overseas to protect us were not to be
given consideration under the Republican bankruptcy law unless they
were disabled. Ms. Schakowsky's motion sought to correct that. In order
to prevent even one success by the other party, the leaders of my party
threw aside considering the well-being of our returning heroes.
A returning reservist or guardsman, who possibly left a lucrative job
to answer the call of duty, gets the same tougher means test as
everybody else. If they fail, they are presumed to be abusing the
system as specified in chapter 7 of the bankruptcy law. Yes, they can
then rebut the presumption of abuse by demonstrating a special
circumstance before the court. They can beg. They can jump through
hoops, they can hire lawyers, and then it is at the discretion of the
court to grant these homecoming heroes special circumstances and allow
them a chapter 7 filing. This should have been in the bill in the first
place, as well as Ms. Schakowsky's motion should have been accepted by
the majority. It is a shame that it wasn't.
The Schakowsky motion would not have killed the bill, as some Members
have argued since. In fact, because the motion asked the Judiciary
Committee to report the bill forthwith, we could have considered the
bill on that very same day. And even if that were not the case, as now
we hear from my side so often as we point out a motion requiring a
committee to report the bill promptly could still be brought up the
next legislative day.
No, this motion failed so long ago because of the worst type of
partisanship. It failed because Republicans did not want to admit that
the Democrats could better their bill.
When I found that there was no adequate protection for our returning
reservists and guardsmen, I pledged to work with my colleague, Ms.
Schakowsky, and make it right.
Subsequently, I introduced legislation to amend the bankruptcy law.
Unfortunately, the Republican leadership refused to bring my bill up to
the floor for a vote and it took a change in the majority for this pro-
reservist, pro-National Guard bill to be brought to the House floor
today.
This measure isn't costing any new Federal dollars. There is no new
massive appropriation. All it is is a consideration for these people
who have risked their lives for us and are coming home. But my party
couldn't get itself to provide consideration for our homecoming heroes
even though there wasn't any major cost involved.
In the meantime, party control of the House changed, and Ms.
Schakowsky and I have been working diligently to get this legislation
to the floor and get it passed into law. We are now considering this
bill under suspension which means it is pretty well recognized that
this has widespread support. It should have been voted on by the
majority or at least accepted a long time ago.
I encourage my colleagues who voted ``no'' on the motion to recommit
3 years ago because they were misled to vote in favor of this
legislation. This bill is not a wedge to reopen the bankruptcy law.
Rather, it is a narrow, targeted change modeled after existing
exemptions for disabled veterans, America's heroes in neighborhoods
throughout our country, who have been called up for deployments.
The SPEAKER pro tempore. The gentleman's time has expired.
Mr. CONYERS. I yield the gentleman 1 minute.
Mr. ROHRABACHER. This bill will ensure that America's heroes
throughout our country, who have often been called up for deployments
that are for far longer than they were initially thought, will not pay
a very high personal cost for their absence and their willingness to
step forward.
As my colleague, Ms. Schakowsky, put it, these servicemembers have
put their lives and livelihood on the line for us, and we owe them a
great debt. This is one way that we can show our deep appreciation for
the service of these people, as we should have done originally. Now it
is time for us to repay that debt in a very bipartisan way. I thank
very much my chairman and ranking member.
Mr. CONYERS. Madam Speaker, I yield myself such time as I may
consume.
First of all, I think that this bill might appropriately be renamed
the Schakowsky-Rohrabacher provision because of the hard work that our
colleague has done on the matter. I appreciate the fully bipartisan
spirit that this committee, the Judiciary Committee, had in much
evidence when we took this measure up.
And I close by asking my friends, the Blue Dogs on this side of the
aisle and most of the Republicans, my Republican colleagues on the
other side, that we might want to take a look at this means test which
presumes you did something wrong if you are broke and in trouble. I
mean, it occurs to me that under the economic circumstances we find
ourselves in as a nation, anybody could flunk the means test and then
be presumed to be irresponsible or not upstanding citizens. Credit
ratings would be damaged profusely.
And so maybe we can look at this. We don't want to offend the banking
lobby, don't get me wrong, but let's just take a peek at what we have
wrought here in the name of improving the bankruptcy law which I was
not in support of when it came forward.
Madam Speaker, with that I conclude my remarks, and I yield back the
balance of my time.
Mr. DANIEL E. LUNGREN of California. Madam Speaker, I yield myself
such time as I may consume.
Once again I would just repeat this is a bipartisan bill brought to
this floor with strong bipartisan support. Hopefully we will get a
unanimous vote in favor of it. This is something that recognizes the
unique situation our reservists and guardsmen and women are placed in
when they leave the jobs that they have, go back to the theater of war,
serve us well and run into difficulties as a result of that service
from a financial standpoint.
We all agree that they should receive relief. I would hope that we
can get people on the other side of the aisle to also agree that they
ought to get relief from these extraordinary, out-of-character,
unprecedented high gas prices that we have. What a shock it must be for
our reservists and guardsmen to leave this country and do service for
this country in a foreign land and then return and find out that in the
period of time they have been gone, all of a sudden gas prices have
risen $1.50, $1.70, before they were even able to return.
So hopefully as we grant relief in this small particular area of
bankruptcy law, we might also think about the relief not only for
reservists and guardsmen but all Americans from the extraordinary costs
that they are now being called upon to pay in the area of energy.
[[Page 13337]]
It is not just at the gas tank, it is rippling through the economy
because transportation costs are built into the cost of just about
everything that we have, and our friends on the other side of the aisle
say, well, we will bring a lawsuit, maybe that will do something. Wind,
solar, I support those, but I have yet to find a wind-powered car in my
district, or a solar-powered car in my district.
And creeping up on us, although we are now involved in the middle of
summer, the beginning of summer, but it feels like the middle of summer
with the heat that is out there, creeping up on us is the extraordinary
increase that we are seeing in the cost of natural gas. Natural gas
supplies a good bit of the heating for the winter that we will find
come November and December.
{time} 1430
I have been informed that in California electricity is produced at
least 60 percent by natural gas. We don't have to wait for our heating
fuel. We can worry about the concerns that we have with air-
conditioning supplied by electricity.
So all I'm saying, Madam Speaker, is that as we work on worthy
legislation like this, there is other worthy legislation out there. And
all we ask is what the American people ask: Give us a vote. Give us a
chance to prove that the reserves that are available in the United
States, American reserves, American oil, American natural gas, be
utilized for Americans. If our enemy was doing this to us, we would be
in a fighting mood, but unfortunately through our Congress, we're doing
it to ourselves.
So at some point in time, hopefully in the not-too-distant future, we
might be able to prevail on the other side to understand that supply
makes a difference and help us bring those costs down as a result of
increasing the product that is available to Americans from American
sources.
Once again, Madam Speaker, I support H.R. 4044, the National Guard
and Reservists Debt Relief Act of 2008.
Mr. CONYERS. Would the gentleman yield?
Mr. DANIEL E. LUNGREN. I yield to my good friend from Michigan, the
chairman.
Mr. CONYERS. I want to thank my colleague for yielding.
I thought for a minute I was on a Special Order about ``drill drill
drill.''
Has the leadership on your side instructed everybody to insert this
subject into all of the debate this week because I would love to get
into this. You didn't mention shale to coal. There's a whole range of
opportunities for discussion here.
But I yield back, and I thank my colleague for his support.
Mr. DANIEL E. LUNGREN of California. Madam Speaker, of course I
cannot address the gentleman directly under the rules. So through the
Chair, I would just say that yes, shale oil and tar sands are
important. We happen to be the Saudi Arabia of those certain resources
of God, placed here for us to use, and yet for one reason or another,
we're almost afraid to use the world ``drill.'' So I appreciate the
chairman using the word ``drill'' three different times. That doesn't
mean going to the dentist. That means drill for oil, drill for natural
gas. That will be something which will help the American people.
So I would just say that I don't need my leadership to tell me about
it. All I need to do is go home and see the prices of gasoline. All I
need to do is listen to people. Seventy-some percent of the American
people now, by the latest Fox poll, say they want more drilling, they
want more production in America. The only group that doesn't have a 70-
some percent support of it is this group, the House of Representatives.
Either we're behind the times or we're ahead of the times. And I
suspect we're behind the times.
And all I'm doing is asking my good friend, the chairman from
Michigan, to understand that the people of Michigan suffer as much as
the people of California when we fail to understand that we have
resources that we could use. We ought to use American technology to
develop American energy rather than having it developed all around the
world.
Oh, and by the way, oil spills. They come from tankers. They come
from tankers, not from offshore rigs. We ought to understand the more
we're dependent upon foreign oil, the more tankers that supply the
oceans and a greater possibility of a problem which would cause
difficulty on our beaches and those beautiful waves that my friend from
California enjoys surfing on in California.
Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in support of
H.R. 4044, the ``National Guard and Reservists Debt Relief Act of
2008.'' This bill is important because it liberalizes the debt relief
standard for those persons who are most deserving, our Nation's heroes
that serve in the National Guard.
This bill is important because the President has made it more
difficult for people to claim bankruptcy. Specifically, the Bankruptcy
Abuse Prevention and Consumer Protection Act of 2005 (2005 Bankruptcy
Act) was signed into law by President George W. Bush on April 20, 2005.
The 2005 Bankruptcy Act is the most comprehensive overhaul of
bankruptcy law in more than 25 years. The 2005 Bankruptcy Act makes
particular changes to the consumer bankruptcy. The changes to consumer
bankruptcy included, among other things, the establishment of a means
testing mechanism to determine a debtor's ability to repay debts. Under
this test, a chapter 7 bankruptcy case is presumed to be an abuse if it
appears that the debtor has income in excess of certain thresholds.
H.R. 4044 would exempt certain qualifying reserve component members
of the Armed Services and National Guard members from the means test's
presumption of abuse. This bill responds to the fact that some who
serve in the National Guard and the Reserves encounter financial
difficulties and that they should not be subject to the additional
proof requirements of the means test.
I am a co-sponsor of this bill and I urge my colleagues to support
it. This bill makes sense because often Armed Services personnel and
Reservists receive high compensation when they are away on hazardous
tours or combat zones. However, when these individuals return, their
income is not as high. Therefore, it is unfair to subject these
individuals to the means test. Simply, the means test is whether the
person has the means to pay his or her debts. Hazard pay and temporary
high pay for combat work is not necessarily a good indicator of a
person's means or ability to pay. These individuals are serving our
country and have legitimate financial concerns. I do not believe that
they should be penalized. I believe we should help our armed services
personnel for giving so much to fight for and protect this country. The
least we can do is help them.
I firmly believe that we should celebrate our National Guard and
Reservists, and I remain committed, as a Member of Congress, to
ensuring that we demonstrate our respect for them. The National Guard
and Reservists have kept their promise to serve our Nation; they have
willingly risked their lives to protect the country we all love.
As the great British leader Winston Churchill famously stated,
``Never in the field of human conflict was so much owed by so many to
so few.''
We must always remember the debt that we owe our National Guard and
Reservists that are willing to lay down their lives for us and render
the ultimate sacrifice for our freedom and security. Our gratitude must
continue to be unwavering.
In the words of President John F. Kennedy, ``As we express our
gratitude, we must never forget that the highest appreciation is not to
utter words, but to live by them.'' It is not simply enough to sing the
praises of our Nation's great veterans; I firmly believe that we must
demonstrate by our actions how proud we are of our American heroes.
I urge my colleagues to support this bill.
Mr. NADLER. Madam Speaker, I rise it support of this legislation
which is a simple measure the House can take to help protect our troops
from undue financial hardship. We constantly receive stern lectures
about the importance of supporting the troops. But supporting the
troops is more than just wearing a flag pin, or sticking a yellow
ribbon on your car, or impugning the patriotism of your political
opponents.
Supporting the troops should entail some real benefit for those
troops when they need our help. As President Lincoln put it so well, to
``care for him who shall have borne the battle and for his widow and
his orphan.'' Perhaps taking proper care of the wounded at Walter Reed
Army Medical Center, or providing them with suitable armor, or
providing them with assistance after they return home would be a good
place to start.
Here we have the opportunity to help a small number of veterans,
estimated at 2,000
[[Page 13338]]
to 2,500, by lifting what amounts to a costly and burdensome paperwork
burden. According to the Republican witness in the Judiciary Committee,
this bill is ``targeted, specific, and quite modest.''
Will it allow these veterans to commit fraud? No. Creditors, the
courts, the trustees, and the Department of Justice have ample tools at
their disposal to deal with anyone trying to game the system. The case
can still be dismissed for abuse based on the totality of the
circumstances, the court can still deny or revoke the debtor's
discharge of debts, the military could revoke the debtor's security
clearance, and the criminal code provides for fines and imprisonment of
up to five years.
The means test is not stopping fraud. The Bush Justice Department,
which administers it, has reported that less than half a percent of all
cases are dismissed based on the means test.
The form used to implement the means test has 57 separate sections.
It takes a pro se debtor approximately 10 to 12 hours, and it rivals
IRS form 1040 in complexity. I challenge my colleagues to fill it out.
So today members have real choice. You can vote to support the troops
or you can vote to support the big banks. It is a pretty clear choice.
I urge my colleagues to support the troops.
Ms. SCHAKOWSKY. Madam Speaker, I rise in strong support of H.R. 4044,
the National Guard and Reservists Debt Relief Act of 2008, a bill I am
proud to have authored. Since September 11, 2008, more than 460,000
Reservists and members of the National Guard have been called to active
duty in Iraq and Afghanistan. These courageous men and women have
selflessly left their families and their jobs to fight for our country
on the battlefield, often with little or no notice and no time to
prepare for the financial challenges that their deployments will
present.
In April 2005, the Bankruptcy Abuse Prevention and Consumer Act made
it harder for individuals to discharge their debts in bankruptcy. That
legislation requires debtors who file for bankruptcy to submit to a
means test that assesses their eligibility for bankruptcy protection.
H.R. 4044 would exempt members of the National Guard and Reserves
facing bankruptcy as a result of their service from that means test.
When the changes to bankruptcy law were made, Congress understood the
importance of exempting disabled veterans whose debts were incurred
while they were on active duty from means testing. However, the men and
women of the National Guard and Reserves were left out; their sacrifice
was disregarded. That is why I introduced this legislation with my
friend and colleague Congressman Dana Rohrabacher. Those heroes
returning from active service in the Guard and Reserves deserve the
same flexibility.
H.R. 4044 allows members of the National Guard and Reservists to file
for Chapter 7 without the added paperwork burden and obstacles of the
means test. The bill would apply to our citizen soldiers who have
served in the armed forces for more than 90 days since 9/11 and would
grant them an exemption from the test for up to a year and a half after
they return home. It also requires a Government Accountability Office
report which will help us quantify the hardships our veterans face when
they return home by tracking how many apply for bankruptcy protection.
Many members of the Guard and Reserves leave for the war thinking
they will only be deployed for 6 to 12 months and end up getting their
tours involuntarily extended. One quarter of those soldiers have been
deployed more than once. There is almost no way that they can
anticipate or prepare for that extension of their service financially.
According to the National Guard, forty percent of Reservists and
members of the National Guard lose money when they leave their civilian
jobs for active duty. This is especially true for servicemembers who
own and operate small businesses who put their businesses on hold while
they serve thousands of miles away.
Now Reservists and National Guardsmen and women are coming home to a
weak economy and record unemployment levels. Eighteen percent of
recently separated servicemembers are currently unemployed. They are
disproportionately feeling the pinch of record gas prices, housing
foreclosures, and food costs.
We have all heard from constituent servicemembers who have returned
home to find their families in financial disarray. Many reservists took
a pay cut from their regular jobs to serve overseas; others find that
when they are discharged, if they can find work, they are returning
home to lower salaries--in many instances, lower than their combat pay.
Twenty five percent of servicemembers retuning from Iraq or Afghanistan
earn less than $25,000 a year. Some veterans are driven to
homelessness--the VA estimates that there are 1,500 homeless veterans
of the wars in Iraq and Afghanistan.
The means test has a particularly adverse impact on servicemembers.
Most servicemembers receive higher compensation in the form of combat
pay and have fewer expenses while serving abroad, but upon leaving
service they face lower incomes and higher expenses. Because the means
test factors in a person's income and expenses for the six-month period
preceding the bankruptcy filing, a veteran's income is artificially
inflated and expenses are inaccurately low. As a result, veterans risk
having their chapter 7 case dismissed and being forced to file under
the stricter chapter 13.
The men and women of the National Guard and Reserves have risked
their lives to protect us. If servicemembers, through no fault of their
own, end up in bankruptcy, they deserve protection from Congress. This
bill brings us one step closer to providing them with financial relief
when they come home from their service.
I would like to offer my heartfelt thanks to Chairman Conyers and
Subcommittee Chairwoman Linda Sanchez for their commitment to and work
on this bill and to the minority Committee Members for working with us
to find a compromise and get this bill on the floor today. And again, I
thank my colleague Congressman Rohrabacher, whose passion and
persistence on this issue have made him a wonderful ally.
Mr. DANIEL E. LUNGREN of California. I yield back the balance of my
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Conyers) that the House suspend the rules
and pass the bill, H.R. 4044, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title was amended so as to read: ``A bill to amend title 11 of
the United States Code to exempt for a limited period, from the
application of the means-test presumption of abuse under chapter 7,
qualifying members of reserve components of the Armed Forces and
members of the National Guard who, after September 11, 2001, are called
to active duty or to perform a homeland defense activity for not less
than 90 days.''.
A motion to reconsider was laid on the table.
____________________
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM AUTHORIZATION
Mr. CONYERS. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 3546) to authorize the Edward Byrne Memorial Justice
Assistance Grant Program at fiscal year 2006 levels through 2012, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3546
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AUTHORIZATION OF GRANTS.
Section 508 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3758) is amended by
striking ``for fiscal year 2006'' through the period and
inserting ``for each of the fiscal years 2006 through
2012.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Conyers) and the gentleman from California (Mr. Daniel E.
Lungren) each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. CONYERS. Madam Speaker, I ask unanimous consent that all Members
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 Michigan?
There was no objection.
Mr. CONYERS. I would like to begin by yielding as much time as he may
consume to our distinguished colleague from Georgia (Mr. Johnson) who
has worked more diligently than I believe any Member in the House on
this measure. He shepherded it through hearings and markup in
Judiciary, and now we're on the floor.
[[Page 13339]]
Mr. JOHNSON of Georgia. Thank you, Mr. Chairman.
Madam Speaker, today I rise in support of my bill, H.R. 3546, which
will reauthorize Byrne-JAG grants for local law enforcement.
Officer Edward Byrne was a rookie New York police officer in New York
City when he was killed in the line of duty in February of 1988.
Officer Byrne came from a family of police officers and was dedicated
to cleaning up his beat in Queens.
Late on the night of February 26, 1988, Officer Byrne and his partner
were staking out a house when he was murdered in his car, shot in the
head five times with a pistol. He was only 22 years old.
Officer Byrne's sacrifice was not in vain. His murderers and the
criminals who employed them were found, charged, and convicted. And
today, in perpetuation of Officer Byrne's legacy, the Byrne-JAG grant
program is now the only Federal program that funds crime fighting and
prevention throughout the States across State lines and nationwide.
This program, Mr. Chairman and Madam Speaker, is more important now
than ever. The slowing economy undermines the ability of local law
enforcement to maintain and support crime prevention programs in our
community as well as maintain order.
Already, cash-strapped local governments face lower tax revenues and
higher crime rates and recidivism. Local officials depend on these
Byrne-JAG grants to invest in law enforcement resources that keep crime
and drugs out of our communities. In my home State of Georgia, these
grants provide for a specialize core of drug enforcement agencies that
work closely together cooperating with each other and the Federal
Government. And nationwide, the results speak for themselves.
Byrne-JAG has led to the seizure of 54,000 weapons, the destruction
of 5.5 million grams of methamphetamine, and the elimination of nearly
9,000 meth labs per year. Nevertheless, Congress has consistently
underfunded this program, and President Bush threatens additional cuts
in the 2009 fiscal budget fiscal year. But we can't afford to deny
local governments the resources that they so desperately need to fight
and prevent crime.
My bill will reauthorize Byrne-JAG funding at full 2006 levels, and I
urge my colleagues in this body to support it.
In honor of Officer Edward Byrne, this program will help keep our
streets, our kids, our fellow citizens, and our communities safe from
criminal activity and drugs.
Mr. DANIEL E. LUNGREN of California. Madam Speaker, I yield myself
such time as I may consume.
Madam Speaker, I rise in support of H.R. 3546, a bill to authorize
the Edward Byrne Memorial Justice Assistance Grant Program at fiscal
year 2006 levels through the year 2012. This bill continues to fund the
Department of Justice Byrne-JAG Grant Program that, as the gentleman
from Georgia said, provides assistance to State and local law
officials.
These grants support a broad range of activities to prevent and
control crimes and to improve the criminal justice system. The
department allocates funds using a formula based on State population
and the annual Unified Crime Report statistics. The program does have a
minimum allocation to ensure that each State and territory receive an
appropriate share of the Federal funds.
Byrne-JAG funds can be used to pay for personnel overtime and
equipment, funds are used for Statewide initiatives, technical
assistance and training, and support for local and rural jurisdictions.
I can say, Madam Speaker, that my experience in the past serving as
the Attorney General of California allowed me to see the good work that
the Byrne funds has done and continues to do, primarily in the area of
multi-jurisdictional task forces as was mentioned by the gentleman from
Georgia.
This is actually an area where we actually see a synergism that
exists among different levels of government and their law enforcement
personnel. It is always important that they have good leadership at
each level, and the training that took place as a result of many of
these multi-jurisdictional task forces actually created an improvement
in the overall training for law enforcement across the country. It is a
remarkable thing to see agents from different agencies, different
departments, working together for a common purpose.
As the gentleman mentioned, you can, as a result of these task
forces, count up the number of arrests made, the number of convictions
obtained, the number of weapons taken off the street, the number of
drugs taken off the street in each and every case making it safer for
the people of the States of the United States.
On June 9, the Federal Bureau of Investigation released a 2007
Unified Crime Report detailing the statistics and tracking trends for
violent crimes nationwide. The national rate for violent crimes, that
is including robbery, sexual assault, and murder, decreased nationally.
Unfortunately, the report also showed the rate of violent crime rate
increased in some communities across the country. This is not by
accident that we see an overall improvement across the country. It is
the result of the work of many good men and women in uniform and the
support to organizations that they have throughout this country.
We should understand that while sometimes the trend is to say that if
something is a serious crime, it's a Federal crime; unless the FBI gets
involved, it's not important, it's not going to be handled well. Well
over 90 percent, well over 95 percent of all crime is investigated and
prosecuted at the local and State level, not the Federal level. That's
why these grants work very, very well when it encourages a multi-
jurisdictional approach where you can find the abilities, the differing
abilities of the agencies and departments, the coming together to work
with one another.
Law enforcement officials remain committed to preventing crime and
keeping our communities safe, and their efforts should be applauded.
However, given the report, it is clear that additional steps need to be
taken in order to continue to address the issue of crime.
During the past few months, representatives from various law
enforcement associations visited me and my colleagues to discuss the
Byrne-JAG funding. They have spoken with near unanimity about the
important role Byrne-JAG funding plays in aiding their efforts to
accomplish their law enforcement missions.
Congress plays an important role in supporting State and local law
enforcement by continuing to enforce to reauthorize this program at
appropriate levels. However, we should not in any way suggest that the
Federal Government has the first responsibility for funding local and
State law enforcement. That remains with local and State jurisdictions,
and frankly, if they don't understand the priority, the first priority
of government, to try and create a modicum of safety and security for
the people of those jurisdictions so that they can live their lives in
some sense of security not having to worry about violent criminals
upsetting their lives, attacking them and their loved ones. If local
and State jurisdictions don't understand that, frankly, they don't
understand the first obligation of government.
{time} 1445
So, while we wholeheartedly support this funding program, let us
ensure that at the local and State levels those representatives are
held responsible by the people that elect them to ensure that the first
priority of government is achieved: a modicum of safety and security
for the people of the jurisdictions that they find themselves in.
With that, I reserve the balance of my time.
Mr. CONYERS. Madam Speaker, I couldn't concur more with the speakers,
our friend from Georgia, Hank Johnson, and the distinguished member of
the Judiciary Committee who has been the Attorney General in the
largest State in the country.
And so I am enthusiastically supporting the continuation of these
[[Page 13340]]
grants and would hope we would reauthorize this. We have got a
reauthorization of over $1 billion this time through 2012, and I hope
that we will enjoy the support of the Members of the House.
Madam Speaker, I yield back the balance of my time.
Mr. DANIEL E. LUNGREN of California. Madam Speaker, once again, I
rise in support of H.R. 3546, and I yield myself such time as I may
consume, and suggest that of all the costs that are involved with law
enforcement across the country, one of the greatest is the cost of
gassing up their cars.
As the gentleman understands, law enforcement, yes, travels on its
feet, but more than often travels on its wheels. The increased costs of
energy affect us all across this Nation. Every home is affected by it,
without regard to economic status. But think about this, our law
enforcement agencies are very labor-intensive. They depend on people,
yes, applying technology, but we depend on people.
When we have concern about crime in a particular area, it doesn't do
to say, well, we've got new computers downtown; that's going to take
care of it. What do people want to see? They want to see law
enforcement in their areas. And for most areas of America, that means
seeing patrol cars coming through their neighborhoods at an appropriate
time, seeing them respond whenever there is a cry for help as a result
of crime or an attempt at crime.
The costs that are implicit in this tremendous increase in energy
costs in this country, the gasoline pump prices, affect each and every
one of our law enforcement agencies. And so I would hope as we support
unanimously this Edward Byrne Memorial Justice Assistant Grant Program
for fiscal years 2006 through 2012, we also think at some point in time
of bringing up a bill that might help us get some relief in that area.
If you add it all up, it might add up to the total cost of the Byrne
grant program.
Mr. CONYERS. Would the gentleman yield?
Mr. DANIEL E. LUNGREN of California. I would be happy to yield to the
gentleman from the place where I think they still build more
automobiles than any other place in the country.
Mr. CONYERS. Well, not Canada, though. I thank the gentleman for
yielding, and I was concerned only for a moment that he wasn't going to
bring up this subject. It was with very little ingenuity required on
his part to tie it into this measure.
As a distinguished member of Judiciary, has the gentleman considered
one of the proposals about bringing the price down by nationalizing the
oil companies in this country?
Mr. DANIEL E. LUNGREN of California. If I might respond, through the
Speaker, I would say, Madam Speaker, the only person I know that has
suggested that we nationalize oil companies, including refineries, is
the gentleman from the other side of the aisle. It's worked so well
around the world, I think you could go through all the countries with a
nationalization. Maybe Venezuela is a trend setter here, but I don't
think that's exactly where we want to go. So the answer to the
gentleman, through the Speaker, is no.
Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in support of
H.R. 3546 to reauthorize the Edward Byrne Memorial Justice Assistance
Grant (Byrne-JAG) Program at fiscal year 2006 levels through 2012. The
Byrne-JAG monies are supposed to be used to make America a safer place.
I support the reauthorization and I would urge my colleagues to do
likewise.
Why Byrne-JAG is Necessary
Byrne-JAG allows states and local governments to support a broad
range of activities to prevent and control crime and to improve the
criminal justice system, which States and local governments have come
to rely on to ensure public safety. They support: law enforcement,
prosecution and court programs, prevention and education, corrections
and community programs, drug treatment, planning, evaluation,
technology improvement programs, and crime victim and witness programs
(other than compensation). In short, they are an indispensable resource
that states use to combat crime.
Recent Cuts in Byrne JAG Funding
Unfortunately, in fiscal year 2008 the Byrne-JAG program was cut by
two-thirds. Although Congress authorized over $1 billion, only $520
million were appropriated for fiscal year 2007. The appropriation was
then drastically reduced to $170.4 million in fiscal year 2008, and the
President has proposed further cuts for the fiscal year 2009 budget.
Past Problems with Byrne JAG
The trend to reduce the grant funding may result, in part, from
instances where Byrne-JAG funding has been abused. For example, in 1999
Byrne-JAG funding was used in the infamous Tulia outrage in which a
rogue police narcotics officer in Texas set up dozens of people, most
of them African-American, in false cocaine trafficking charges. In
other instances, jurisdictions used the funding to fund task forces
focused solely on ineffective, low-level drug arrests, which has put
the task force concept--and the diminished standards of drug
enforcement that it has come to represent--in the national spotlight.
The most well-known Byrne-funded scandal occurred in Tulia, Texas
where dozens of African-American residents (representing 16 percent of
the town's black population) were arrested, prosecuted and sentenced to
decades in prison, even though the only evidence against them was the
uncorroborated testimony of one white undercover officer with a history
of lying and racism. The undercover officer worked alone, and had no
audiotapes, video surveillance, or eyewitnesses to corroborate his
allegations. Suspicions eventually arose after two of the accused
defendants were able to produce firm evidence showing they were out of
state or at work at the time of the alleged drug buys. Texas Governor
Rick Perry eventually pardoned the Tulia defendants (after four years
of imprisonment), but these kinds of scandals continue to plague the
Byrne grant program.
These scandals are not the result of a few ``bad apples'' in law
enforcement; they are the result of a fundamentally flawed bureaucracy
that is prone to corruption by its very structure. Byrne-funded
regional anti-drug task forces are federally funded, State managed, and
locally staffed, which means they do not really have to answer to
anyone. In fact, their ability to perpetuate themselves through asset
forfeiture and federal funding makes them unaccountable to local
taxpayers and governing bodies.
The scandals are more widespread than just a few instances. A 2002
report by the ACLU of Texas identified seventeen scandals involving
Byrne-funded anti-drug task forces in Texas, including cases of
falsifying government records, witness tampering, fabricating evidence,
stealing drugs from evidence lockers, selling drugs to children, large-
scale racial profiling, sexual harassment, and other abuses of official
capacity.
Texas is not the only State that has suffered from Byrne-funded law
enforcement scandals. Scandals in other States have included the misuse
of millions of dollars in federal grant money in Kentucky and
Massachusetts, false convictions based upon police perjury in Missouri,
and making deals with drug offenders to drop or lower their charges in
exchange for money or vehicles in Alabama, Arkansas, Massachusetts, New
York, Ohio, and Wisconsin. A 2001 study by the Government
Accountability Office found that the federal government fails to
adequately monitor the grant program and hold grantees accountable.
Amendment Considered But Not Offered
Because of these abuses, I would have offered an amendment when this
bill was considered at the Full Judiciary Committee markup. My
amendment would have addressed the responsible use of Byrne-JAG monies.
Specifically, my amendment would have required that a State that
receives Byrne-JAG money should collect data for the most recent year
for which such funds were allocated to such State, with respect to:
(1) The racial distribution of criminal charges made during that
year;
(2) The nature of the criminal law specified in the charges made; and
(3) The city of law enforcement jurisdiction in which the charges
were made.
My amendment would have required a condition of receiving funds that
the State should submit to the Attorney General the data collected by
not later than one year after the date the State received funds.
Lastly, the report should be posted on the Bureau of Justice Statistics
website and submitted to the Attorney General.
My amendment is good because arrests will be transparent and the
light of day and public airing of any problems will be the greatest
disinfectant. My amendment is an attempt to make law enforcement more
responsible, more accountable, and more just in their dealings with
persons of all races and backgrounds. My amendment is but a small price
[[Page 13341]]
to pay to rid the nation of scandals and disasters that occurred in
Tulia, Texas and elsewhere.
These scandals are not the result of a few ``bad apples'' in law
enforcement; they are the result of a fundamentally flawed bureaucracy
that is prone to corruption by its very structure. Byrne-funded
regional anti-drug task forces are federally funded, state managed, and
locally staffed, which means they do not really have to answer to
anyone. In fact, their ability to perpetuate themselves through asset
forfeiture and federal funding makes them unaccountable to local
taxpayers and governing bodies.
The scandals are more widespread than just a few instances. A 2002
report by the ACLU of Texas identified seventeen scandals involving
Byrne-funded anti-drug task forces in Texas, including cases of
falsifying government records, witness tampering, fabricating evidence,
stealing drugs from evidence lockers, selling drugs to children, large-
scale racial profiling, sexual harassment, and other abuses of official
capacity.
Texas is not the only state that has suffered from Byrne-funded law
enforcement scandals. Scandals in other states have included the misuse
of millions of dollars in federal grant money in Kentucky and
Massachusetts, false convictions based upon police perjury in Missouri,
and making deals with drug offenders to drop or lower their charges in
exchange for money or vehicles in Alabama, Arkansas, Massachusetts, New
York, Ohio, and Wisconsin. A 2001 study by the Government
Accountability Office found that the federal government fails to
adequately monitor the grant program and hold grantees accountable.
My amendment, which I would have offered, would provide oversight and
accountability. It is not burdensome. It will not prevent the States
from collecting and funding programs under the Byrne Grant program. My
amendment does however shed light on any maladies that might exist in
the system. Once we see the problems, we can fix them. My amendment is
responsible and aims to make the Byrne-Grant program a better program
by ensuring that the funding is used appropriately and is used with
oversight.
No More Tulias
While I support the Byrne JAG reauthorization, I would also my urge
my colleagues to also support my bill, H.R. 253, No More Tulias: Drug
Law Enforcement Evidentiary Standards Improvement Act of 2007. This
bill also enhances accountability with respect to the use of Byrne JAG
monies.
First, it prohibits a state from receiving for a fiscal year any drug
control and system improvement (Byrne) grant funds, or any other amount
from any other law enforcement assistance program of the Department of
Justice, unless the state does not fund any antidrug task forces for
that fiscal year or the state has in effect laws that ensure that: (1)
A person is not convicted of a drug offense unless the facts that a
drug offense was committed and that the person committed that offense
are supported by evidence other than the eyewitness testimony of a law
enforcement officer or individuals acting on an officer's behalf; and
(2) an officer does not participate, in an antidrug task force unless
that officer's honesty and integrity is evaluated and found to be at an
appropriately high level.
Second, H.R. 253, No More Tulias, requires that states receiving
federal funds under the No More Tulias Act to collect data on the
racial distribution of drug charges, the nature of the criminal law
specified in the charges, and the jurisdictions in which such charges
are made. I urge my colleagues to support my No More Tulias Act so that
we can quickly bring the bill to markup.
I also urge my colleagues to support Byrne JAG.
Mr. BILIRAKIS. Madam Speaker, I rise today to express my strong
support for H.R. 3546, which authorizes the Edward Byrne Memorial
Justice Assistance Grant Program at fiscal year 2006 levels through
2012.
Earlier this year I was disappointed to learn of the administration's
draconian reduction in funding which would have limited the ability of
our law enforcement officers to obtain the necessary manpower,
equipment, and other tools to reduce criminal activity, putting them in
a reactive rather than proactive mode.
The Edward Byrne Memorial Justice Assistance Grant Program allows
States and local governments to improve their criminal justice system
by supporting activities that help prevent and control crime.
H.R. 3546 authorizes $1.095 billion annually through FY2012 for the
grant program. It is critically important that States and local law
enforcement agencies have access to these much-needed resources, which
help fight crime and drug proliferation in our communities.
Madam Speaker, we must properly fund our local law enforcement
officers, who put their lives on the line daily to keep the rest of us
safe. Therefore, I encourage my colleagues to join me in voting for
this very important legislation to keep our neighborhoods safe!
Ms. WOOLSEY. Madam Speaker, ensuring that local law enforcement
officials are provided with the resources they need to effectively
protect our communities requires nothing less than our sustained
commitment and dedication. That's why I am proud to support of H.R.
3546, the Byrne-Justice Assistance Grant, JAG, Reauthorization Act.
The Byrne-JAG program provides State and local governments with the
tools necessary to prevent and control crime while strengthening our
criminal justice system. These grants help fund law enforcement
programs targeting school violence, hate crimes, and victims of violent
crimes. Additionally, Byrne-JAG grants enable state, regional, and
local agencies to confront and overcome the threats posed by drug
trafficking through providing essential funding to improve drug
enforcement and treatment programs. By using these grants to develop
multi-jurisdictional drug task forces, law enforcement officials from
around the country have been able to foster institutional collaboration
built on their shared expertise and training.
Last year, the City of Santa Rosa and Sonoma County in my
Congressional District were fortunate enough to receive Byrne-JAG
grants, which went to support programs designed to assist in the
prevention of drug use, treat non-violent offenders, and improve the
effectiveness of our criminal justice system. That's why I'm a
cosponsor of H.R. 3546, which would reauthorize the Byrne-JAG program
until 2012. Despite the Bush Administration's efforts to eliminate
funding for this important program, I commend the Democratic Leadership
for demonstrating their commitment to full funding for Byrne-JAG by
bringing this legislation to the Floor.
Local law enforcement officials depend on Byrne-JAG grants to invest
in strategies that combat crime and drugs. Without these resources,
State and local law enforcement cannot take the steps they need to
protect our families and our country's most precious resources, our
children and young adults, from violence and drug abuse. Madam Speaker,
it's our responsibility to make certain these brave men and women have
the support necessary to perform their jobs. It's the least we can do.
Mr. SOUDER. Madam Speaker, I rise today in strong support of H.R.
3546, a bill to authorize funding for the Edward Byrne Memorial Justice
Assistance Grant Program at fiscal year 2006 levels--$1.095 billion--
through 2012. As a cosponsor of this legislation, I know the critical
importance of Byrne-JAG funding to law enforcement, and especially drug
task forces, throughout the United States. Many of us remain deeply
disappointed that the program's FY 2008 appropriation was cut so
drastically at the end of last year.
Byrne JAG provides needed funding to drug task forces throughout my
district. For example, the Allen County Drug Task Force relies on this
program's funding to continue its work with the FBI, DEA and ATF
targeting drug traffickers. As does the Indiana Multi-Agency Group
Enforcement (IMAGE), a drug-enforcement team combining select law
enforcement from DeKalb, Noble, Steuben, and LaGrange counties. In 2006
alone, IMAGE worked on 101 drug and prostitution cases, and seized
illegal drugs valued at nearly $3 million. These results speak for
themselves, and they demonstrate how critical it is to the safety of
Hoosiers in northeast Indiana, as well as Americans nationwide, that
the Byrne JAG program is fully-funded.
I was very upset when Congress cut Byrne-JAG funding by 67 percent
last December in the FY 2008 Omnibus Appropriations Bill. If the House
doesn't act quickly to restore this key funding source, law enforcement
programs throughout the Nation will certainly be reduced--or
eliminated--likely reversing hard-won gains that have been made over
the years at the local level.
We have an opportunity with the FY 2008 Supplemental Appropriations
bill to correct that mistake, and I strongly urge the House to accept
the Senate language restoring Byrne-JAG funding for the current fiscal
year. This measure is necessary in order for local law enforcement
agencies to continue their constant pursuit of criminals, especially
drug dealers. We will be taking a major step backward if we don't
accept the Senate's proposal. The long-term effects of such a move are
dangerous.
As we enter the general appropriations season for next fiscal year, I
also urge the Appropriations Committee, and the House in general, to
fully fund this program in FY 2009. The Byrne JAG program is a proven
success that strongly deserves reauthorization, and I urge passage
today of H.R. 3546.
[[Page 13342]]
Mr. DANIEL E. LUNGREN of California. I yield back the balance of my
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Conyers) that the House suspend the rules
and pass the bill, H.R. 3546, 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. JOHNSON 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.
____________________
COMMEMORATING THE 44TH ANNIVERSARY OF FREEDOM SUMMER
Mr. CONYERS. Madam Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 1293) commemorating the 44th anniversary of the
deaths of civil rights workers Andrew Goodman, James Chaney, and
Michael Schwerner in Philadelphia, Mississippi, while working in the
name of American democracy to register voters and secure civil rights
during the summer of 1964, which has become known as ``Freedom
Summer''.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1293
Whereas 44 years ago, on June 21, 1964, Andrew Goodman,
James Chaney, and Michael Schwerner were murdered in
Philadelphia, Mississippi, while working in the name of
American democracy to register voters and secure civil rights
during the summer of 1964, which would become known as
``Freedom Summer'';
Whereas Andrew Goodman was a 20-year-old White anthropology
major from New York's Queens College, who volunteered for the
Freedom Summer Project;
Whereas James Chaney was a 21-year-old African-American
from Meridian, Mississippi, who became a civil rights
activist, joining the Congress of Racial Equality (CORE) in
1963 to work on voter education and registration;
Whereas Michael ``Mickey'' Schwerner was a 24-year-old
White CORE field secretary in Mississippi and a veteran of
the civil rights movement, from Brooklyn, New York;
Whereas in 1964, Mississippi had a Black voting-age
population of 450,000, but only 16,000 Blacks were registered
to vote;
Whereas most Black voters were disenfranchised by law or
practice in Mississippi;
Whereas in 1964, Andrew Goodman, James Chaney, and Michael
Schwerner volunteered to work as part of the ``Freedom
Summer'' project that involved several civil rights
organizations, including the Mississippi State chapter of the
National Association for the Advancement of Colored People,
the Southern Christian Leadership Conference, the Student
Nonviolent Coordinating Committee, and CORE, with the purpose
of registering Black voters in Mississippi;
Whereas on the morning of June 21, 1964, the 3 men left the
CORE office in Meridian and set out for Longdale,
Mississippi, where they were to investigate the recent
burning of the Mount Zion Methodist Church, a Black church
that had been functioning as a Freedom School for education
and voter registration;
Whereas on their way back to Meridian, James Chaney, Andrew
Goodman, and Michael Schwerner were detained and later
arrested and taken to the Philadelphia, Mississippi, jail;
Whereas later that same evening, on June 21, 1964, they
were taken from the jail, turned over to the Ku Klux Klan,
and were beaten, shot, and killed;
Whereas 2 days later, their burnt, charred, gutted blue
Ford station wagon was pulled from the Bogue Chitto Creek,
just outside Philadelphia, Mississippi;
Whereas the national uproar caused by the disappearance of
the civil rights workers led President Lyndon B. Johnson to
order Secretary of Defense Robert McNamara to send 200 active
duty Navy sailors to search the swamps and fields in the area
for the bodies of the 3 civil rights workers, and Attorney
General Robert F. Kennedy to order his Federal Bureau of
Investigation (FBI) director, J. Edgar Hoover, to send 150
agents to Mississippi to work on the case;
Whereas the FBI investigation lead to the discovery of the
bodies of several other African-Americans from Mississippi,
whose disappearances over the previous several years had not
attracted attention outside their local communities;
Whereas the bodies of Andrew Goodman, James Chaney, and
Michael Schwerner, beaten and shot, were found on August 4,
1964, buried under a mound of dirt;
Whereas on December 4, 1964, 21 White Mississippians from
Philadelphia, Mississippi, including the sheriff and his
deputy, were arrested, and the Department of Justice charged
them with conspiring to deprive Andrew Goodman, James Chaney,
and Michael Schwerner of their civil rights, since murder was
not a Federal crime;
Whereas on December 10, 1964, the same day Dr. Martin
Luther King, Jr. received the Nobel Peace Prize, a United
States District judge dismissed charges against the 21 men
accused of depriving the 3 civil right workers of their civil
rights by murder;
Whereas in 1967, after an appeal to the Supreme Court and
new testimony, 7 individuals were found guilty, but 2 of the
defendants, including Edgar Ray Killen, who had been strongly
implicated in the murders by witnesses, were acquitted
because the jury came to a deadlock on their charges;
Whereas on January 6, 2005, a Neshoba County, Mississippi,
grand jury indicted Edgar Ray Killen on 3 counts of murder;
Whereas on June 21, 2005, a jury convicted Edgar Ray Killen
on 3 counts of manslaughter;
Whereas June 21, 2008, will be the 44th anniversary of
Andrew Goodman, James Chaney, and Michael Schwerner's
ultimate sacrifice;
Whereas by the end of Freedom Summer, volunteers, including
Andrew Goodman, James Chaney, and Michael Schwerner, helped
register 17,000 African-Americans to vote;
Whereas the national uproar in response to the deaths of
these brave men helped create the necessary climate to bring
about passage of the Voting Rights Act of 1965;
Whereas Andrew Goodman, James Chaney, and Michael Schwerner
worked for freedom, democracy and equal justice under the law
for all; and
Whereas the Federal Government should find an appropriate
way to honor these courageous young men and their
contributions to civil rights and voting rights: Now,
therefore, be it
Resolved, That the House of Representatives encourages all
Americans to--
(1) pause and remember Andrew Goodman, James Chaney, and
Michael Schwerner and the 44th anniversary of their deaths;
(2) commemorate the life and work of Andrew Goodman, James
Chaney, and Michael Schwerner, and all of the other brave
Americans who made the ultimate sacrifice in the name of
civil rights and voting rights for all Americans; and
(3) commemorate and acknowledge the legacy of the brave
Americans who participated in the civil rights movement and
the role that they played in changing the hearts and minds of
Americans and creating the political climate necessary to
pass legislation to expand civil rights and voting rights for
all Americans.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Conyers) and the gentleman from California (Mr. Daniel E.
Lungren) each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. CONYERS. Madam Speaker, I ask unanimous consent that Members have
5 legislative days to revise and extend their remarks and include
extraneous material.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CONYERS. Madam Speaker, I yield myself as much time as I may
consume.
I am so pleased to bring this resolution from the Judiciary Committee
to remember the deaths of those three great civil rights workers. And
I, of course, begin my comments by thanking and commending our greatest
civil rights champion in the House of Representatives, John Lewis of
Georgia, who was a leader in the civil rights movement, worked with the
Student Non-Violent Coordinating Committee, and with Dr. Martin Luther
King, and with other civil rights organizations. He was also at the
great march on Washington in 1963, and we all met.
It was a stirring moment in American history, and these three young
men paid with their lives for their dedication to ensure that we could
end segregation and secure the right to vote for all people in America.
A number of Judiciary Committee members have joined with me as
cosponsors of this measure: the gentleman from New York, Jerrold
Nadler; Steve Cohen, Tennessee; Bobby Scott of Virginia; Sheila
Jackson-Lee, Texas; Adam Schiff, California;
[[Page 13343]]
Linda Sanchez, California; Betty Sutton, Ohio; and a number of others.
You remember the summer of 1964? Goodman, a student at New York's
Queens College; James Chaney of Mississippi; Michael Schwerner, 24
years old of New York, were all working with the CORE, the Congress of
Racial Equality. And they left the Meridian, Mississippi, office for
the town of Philadelphia 25 miles away. They were stopped by the Klan,
and the rest is history.
We still work against the backdrop of this activity. It was out of
their sacrifices that the movement and understanding of not only the
citizens of the country but the leaders of the country and Washington
understood what we had to accomplish. And we passed the Civil Rights
Act of 1964, the Voting Rights Act of 1965. Dr. Martin Luther King's
inspiring rhetoric kept us together for so, so long, and I'm happy that
we're doing what we've done. I'm sure the Senate, the other body, will
follow very rapidly.
I reserve the balance of my time.
Mr. DANIEL E. LUNGREN of California. Madam Speaker, I yield myself
such time as I may consume.
Madam Speaker, I rise in support of H. Res. 1293, honoring Andrew
Goodman, James Chaney and Michael Schwerner: Mr. Goodman, a 20-year-old
student volunteer; Mr. Chaney, a 21-year-old plasterer and activist in
the civil rights movement; Mr. Schwerner, a 24-year-old founder of one
of the first community centers for African Americans in Mississippi.
Mr. Chaney and Mr. Schwerner were also members of the civil rights task
force organized by the Congress of Racial Equality.
All three were tragically killed in 1964, that summer, for their
participation in the civil rights campaign in Mississippi, where they
had just taken part, along with 175 other volunteers, in a civil rights
orientation project, which led the way for some 800 other volunteers.
I had just graduated from high school in California, and I remember
the shock of hearing about this tragedy. It was one in a series of
tragedies we were seeing portrayed around the United States, where
people just simply attempting to be recognized as full human beings in
this society, with the opportunity to vote and the opportunity to
participate in the political process, were being denied that, and they
and many others attempted to try and change that.
That summer, these three men were picked up by a sheriff for
allegedly speeding, and after their release from jail, they
disappeared.
A KKK informant and an FBI investigation pieced the story together.
Evidently, after their release, the three men had been chased off the
road, forced into a Klansmen's car, brutally beaten, and killed.
At the time, the State of Mississippi didn't file charges against
anyone. The Federal Government charged someone in 1967 with conspiring
to violate the civil rights of another, but that defendant was
acquitted. Of seven other men convicted on conspiracy charges, no one
served more than 6 years for the death of three innocent individuals in
this United States of America.
It was not until January 6, 2005, that Mississippi indicted Edgar Ray
Killen on three counts of murder. He was found guilty of three counts
of manslaughter on June 1, 2005, the 41st anniversary of the crime.
There is no doubt that justice so delayed warrants our honoring these
three civil rights heroes again today, some 44 years after their death.
Last year, the House passed H.R. 923, the Emmett Till Unsolved Civil
Rights Crime Act, which came out of our committee with bipartisan
support, and it directs the Attorney General to designate a deputy
chief within the Civil Rights Division of the Department of Justice and
a supervisory special agent within the Civil Rights Unit of the FBI to
coordinate the investigation and prosecution of unsolved civil rights-
era murders.
{time} 1500
We've got to do it now because the perpetrators of these crimes have
been able to live in freedom for so long.
And some say why go after old men in their last years? Because, in
fact, they should not have the opportunity to live out their lives
without being held responsible for these horrendous acts. The bill also
provides much-needed resources to the Department of Justice, the FBI,
State and local law enforcement officials to prosecute these cases.
Madam Speaker, the FBI has identified nearly 100 outstanding cases
that still need to be assessed. Many of these murders are 30 or 40
years old. Obviously they're difficult to investigate and to prosecute
because evidence has been lost or destroyed, witnesses and defendants
have died, and memories have dimmed. We must act quickly to bring the
long-overdue justice to these victims and their families.
I urge all my colleagues to join the chairman of the full committee
and other members of the Judiciary Committee in supporting this
resolution.
Madam Speaker, I reserve the balance of my time.
Mr. CONYERS. Madam Speaker, I thank the floor manager for his
statement and his commitment across the years for civil rights
activity.
I yield all but 3 minutes to the distinguished gentleman from
Georgia, John Lewis, whose work and writings and the history that he
has made in this area are well known across this country and, indeed,
around the world.
Mr. LEWIS of Georgia. Madam Speaker, I want to thank Mr. Conyers, the
chairman of the full committee, for his leadership and for his
dedication to the issue and the cause of civil rights, and for bringing
this resolution to the floor.
Madam Speaker, I rise today to pay tribute to the courage and
conviction of three young men, Andy Goodman, James Chaney and Michael
Schwerner. On June 21, 1964, they gave their lives in a struggle for
voting rights in America.
There was a time, just 44 years ago, when it was almost impossible in
the American south for people of color to register and vote. Then, I
was 24 years old and the chair of the Student Non-Violent Coordinating
Committee, better known as SNCC. I traveled around the country
encouraging young people to come to Mississippi to get involved with
the Freedom Summer. It was the summer of 1964.
At that time, the State of Mississippi had a black population of
voting age of more than 450,000, but only about 18,000 blacks were
registered to vote. It was dangerous, very dangerous, for those of us
who believed that everyone should have the right to vote. But in spite
of the risks, there were people--young and old, black and white, rich
and poor--people like Andy Goodman, James Chaney and Mickey Schwerner,
who put aside the comfort of their own lives to make sure that every
citizen had free and fair access to the ballot, not only in
Mississippi, but throughout America.
Mickey Schwerner was a 24-year-old white man from Brooklyn, New York,
who was already a participant in the movement. Andy Goodman was also
white, a 21-year-old student at Queens College in New York. James
Chaney was a 21-year-old African American man from Meridian,
Mississippi, who decided to take a stand for justice in his own
community, in his own State.
On the morning of June 21, 1964, these three young men drove to
Longdale, Mississippi to investigate the burning of an African American
church. On their way back, they were arrested, at least stopped and
detained by the sheriff and taken to jail in Philadelphia, Mississippi.
That same evening they were released from the jail by the sheriff and
turned over to the Klan. They were beaten, shot and killed. Their burnt
blue Ford station wagon was pulled from a creek just 2 days later. I
joined in the search for them that night with a very heavy heart. Their
bodies were found a few weeks later, about 6 weeks later, on August 4,
1964, buried under a mound of dirt.
Madam Speaker, I share this story today so that Members of Congress
will realize that the struggle for civil rights has been a long, hard
road littered by the battered and broken bodies of countless men and
women who paid the ultimate price for a precious right, the right to
vote, the right to participate in a democratic process.
[[Page 13344]]
Andy Goodman, James Chaney and Mickey Schwerner did not die in
Europe; they did not die in Asia or in Africa; they did not die in
Central America or in the Middle East. They died right here in America,
in the American south. I knew these three young men.
So, Madam Speaker, I urge all of my colleagues to vote for this
resolution to pay tribute to these three young men and so many others
who died in the struggle for voting rights in America. We must never
forget their sacrifices, their suffering, their pain, and their death.
As Members of the United States House of Representatives, it is our
duty, our mission, our mandate to make sure that these three young men
did not die in vain.
Mr. CONYERS. Madam Speaker, I'm delighted now to yield 2 minutes to
Dr. James McDermott of Washington State, a dedicated leader for
universal health coverage and a civil rights activist. We were at the
United Nations together not too many years ago.
Mr. McDERMOTT. Madam Speaker, I am really very proud to rise in
support of a resolution put forward by my friend and colleague, John
Lewis. This is a man who has risked his own life fighting for civil
rights, helping to bridge a racial divide during one of America's worst
times.
This was a time when it took real courage to go out in the streets
and do things. John walked with Martin and with John and with Bobby as
they dealt with the threats of racial violence. There was clearly fear
in everyone. Anybody who went out was fearful; if they didn't, they
didn't know what they were doing.
John Lewis is a towering figure who, in his own right, has left his
mark in this country. And it is fitting and proper that he should bring
a resolution honoring these three civil rights workers whose lives
ended 44 years ago in Mississippi at the hands of the Ku Klux Klan.
Andrew Goodman, James Chaney and Michael Schwerner were killed in
that Freedom Summer of 1964. The widow of one of them is now a
distinguished lawyer and a good friend in Seattle. She lives on in the
memory of her husband.
Their deaths sparked a national firestorm of anger and awareness that
led to the passage of the Voting Rights Act of 1965. Honoring them
honors everyone who fought for civil rights and those who suffered
great personal sacrifice during times when justice was neither blind
nor fair in America.
It reminds me of the injustice America is only beginning to correct
for a group of African American soldiers stationed in Fort Lawton in
Seattle. Because of the color of their skin, they were denied equal
justice and they were wrongly convicted of a crime that they did not
commit, were sent to prison, and were given bad conduct discharges.
We must never forget the lessons of history or we risk repeating
them.
The resolution Mr. Lewis of Georgia offers will help us remain
vigilant in defending civil rights and civil liberties, and help us
protect the Nation these people died to defend.
I urge my colleagues to strongly support the resolution offered by
Mr. Lewis of Georgia.
Mr. CONYERS. Madam Speaker, I thank the distinguished gentleman from
Washington State.
I now yield 2\1/2\ minutes to a former chairman of the Congressional
Black Caucus, the gentlelady from Dallas, Texas (Ms. Eddie Bernice
Johnson).
Ms. EDDIE BERNICE JOHNSON of Texas. I thank the gentleman from
Michigan.
I rise today in strong support of House Resolution 1293, a bill
commemorating the lives of three civil rights activists who were
murdered outside Philadelphia, Mississippi by the Ku Klux Klan in June
of 1964.
In 1964, Mississippi had the lowest percentage of registered African
American voters in the country. Rampant fear and intimidation, along
with literacy tests and poll taxes, had kept more than 90 percent of
the African Americans in Mississippi from registering to vote. In June
of 1964, thousands of young people volunteered to go to Mississippi in
order to register African American voters and fight educational
disparities.
What would come to be known as ``Freedom Summer'' ignited backlash
and violence against these volunteers and civil rights activists. Many
homes and black churches were firebombed or burned down that summer,
and more than 1,000 volunteers were arrested. Among these Freedom
Summer volunteers were James Chaney, Andrew Goodman and Michael
Schwerner, who went to Mississippi to investigate the fire-bombing of
the Mount Zion Methodist Church. On June 21, these three men were
arrested and held for several hours on alleged traffic violations, but
later that evening they were taken from the jail and turned over to the
Ku Klux Klan, where they were beaten, shot and killed.
These men gave their lives in the name of freedom and justice. The
media coverage surrounding their deaths sparked outrage amongst
Americans, millions of them all over the country. Their deaths and the
activities of Freedom Summer helped set the stage for the passage of
the Voting Rights Act of 1965.
I would like very much to thank Congressman Lewis for introducing
this resolution, who himself has a closer experience than most of us in
this body, and as a matter of fact paved the way for many of us to be
here today.
I thank you, Congressman Lewis, for the many sacrifices you have
made. And it is an honor to serve alongside Congressman Lewis, who
coordinated the Student Non-Violence Coordinating Committee's efforts
to organize voter registration drives and community action programs
during Freedom Summer.
I strongly support this resolution to honor the sacrifices of James
Chaney, Andrew Goodman and Michael Schwerner, and all of the volunteers
of the Mississippi Freedom Summer who helped to pave the way of voting
rights for all Americans.
Mr. CONYERS. Madam Speaker, I am pleased now to yield 3 minutes to
the gentlelady from the District of Columbia, Eleanor Holmes Norton, a
brilliant lawyer who argues in the Supreme Court frequently and is a
civil rights leader in her own right.
Ms. NORTON. This entire House has you, Mr. Chairman, to thank for a
lifetime of work in civil rights and human rights for all people, I
thank you here on the floor.
I thank my good colleague who serves on the Judiciary Committee. And
I especially thank my colleague, John Lewis, who was chair of the
Student Non-Violent Coordinating Committee when I first joined. And I
think I can say for John and me that either of us expected to be on the
floor of this House at that time.
I thank you, John. I'm not surprised that you would come forward with
this resolution. For me, it would be too poignant an occasion but for
the progress that I think we can say assures that these brutal murders,
the murders that we came to call the ``Schwerner, Chaney and Goodman
murders,'' certainly have not been in vain.
In 1963, Bob Moses, a legendary figure of the Mississippi movement,
recruited me while I was in law school to go to Mississippi. SNCC had
opened up virtually everyplace else, but not Mississippi because,
frankly, it was terrorist country. And to show you the extent to which
Mississippi was a different place, it took the NAACP and Medgar Evers
to lead the sit-ins there, and they got beat unmercifully. And that was
in Jackson.
I came to the Mississippi Delta that year for an express purpose, to
prepare for the 1964 Freedom Summer, by conducting the prototype
``freedom school'' to be used in 1964, when we knew we would be able to
gather thousands of students to come down. It was the high point of
student activism. John and others went throughout the United States and
students came in huge numbers. We had the highest hopes.
I was particularly working on the 1964 Democratic Convention with my
mentor, Fannie Lou Hamer, and Larry Guyout, who now lives here, the
cochairs of the Mississippi Freedom Democratic Party, and, working
indeed, on the brief that would be used to
[[Page 13345]]
say that this delegation, rather than the official delegation which
excluded African Americans, should be recognized by the 1964 Democratic
National Convention.
{time} 1515
And why was there a Mississippi Freedom Democratic Party? Because,
indeed, in the summer of 1964, so many had come down to risk their
lives for whom that had to have been their choice. Those high hopes
were not extinguished when our delegation did not get seated. Those
high hopes were not even extinguished when these brutal murders
occurred. It took authorities weeks to find the three young men. Those
high hopes remained high and, if anything, thrust the civil rights
movement forward in a way it had not been before.
The SPEAKER pro tempore. The gentlewoman's time has expired.
Mr. CONYERS. Madam Speaker, I yield the gentlewoman the balance of my
time.
Ms. NORTON. How much time do we have, please, Madam Speaker? I don't
want to go over.
The SPEAKER pro tempore. The gentlewoman has 4\1/2\ minutes.
Ms. NORTON. Thank you, Madam Speaker. I won't take much longer, but
this is a very special moment.
In 1963 when I went to Mississippi, I first worked for the March on
Washington under Bayard Rustin, then went to the Mississippi Delta.
That was, I must say, the most eventful summer of my life, more
eventful even than 1964.
The great chief of the Mississippi NAACP Medgar Evers put me on a
bus. Medgar Evers tried to convince me to stay in Jackson, but I said,
no, that I had promised I was coming to the Delta. So he put me on a
bus to go to the Delta. He then turned around, went back home, and he
was shot and killed in his driveway that same evening. That was a year
I shall never forget.
But the fact is that the 1964 summer, in fact, happened. The students
did not go home after the murders. We continued to organize. The
Mississippi Freedom Democratic Party, with Fannie Lou Hamer leading the
way at the convention, was the high point of that convention. And the
country has never forgotten it. It democratized the Democratic Party.
It democratized even the Republican Party. And I must say that both
parties then recognized that they had to have representative
delegations.
Steve Schwerner Michael's brother was one of my classmates in
college. When I have met with the families, what has been extraordinary
about them is to see that they understand the contributions they
personally made to the freedom struggle. They have no regrets. They
understand that the loss of Cheney and the two youngsters from the
north was the last thing we expected and that that loss helped to waken
the country.
Do not forget what happened in 1964. The passage of the 1964 Civil
Rights Act, and that act contained Title VII. Something else I could
never have imagined--I would one day come to enforce a major civil
right's law, the 1964 Civil Right's Act as a Chair of the Equal
Employment Opportunity Commission. This was the first civil rights
legislation since the radical Republicans gave us our first civil
rights legislation after the Civil War, and look what happened
afterwards: the 1965 Voting Rights Act and the 1968 Fair Housing Act.
Oh, no, these three young men died for a great and noble purpose. And
in case the national panorama doesn't drive that point home, surely the
fact that Mississippi today has the largest number of black public
officials will help you to see that they did not die in vain, and
surely the fact that their relatives now see the first African American
to secure the nomination of a major party for President of the United
States will drive home the reality that these three young men, at the
dawn of their lives, not only did not die in vain but for generations
to come and, yes, for this generation, have left a legacy of their own.
I thank the gentleman for yielding.
Mr. CONYERS. Madam Speaker, I yield back the balance of my time.
Mr. DANIEL E. LUNGREN of California. Madam Speaker, I yield myself
such time as I may consume.
Once again, I rise in support of H. Res. 1293.
David McCullough, the distinguished writer and historian, said, ``We
run the risk of being a Nation of historic illiterates.'' And he was
referring to our lack of knowledge of the beginnings of this country,
the lack of knowledge of the Founding Fathers and that generation. But
he need not look back that far. All he needs to do is to look back 40
some years, as the gentleman from Georgia has mentioned to us and the
gentlewoman from the District of Columbia and the gentleman from
Michigan.
We cannot allow these real-life tragedies, events, sacrifices to be
lost in the midst of memory. We have to make sure that not only do we
understand them but that we understand their import and that we teach
our children that this is part of America's history and America is what
it is today because of the sacrifices of many great men and women,
these three included among them: Goodman, Chaney, and Schwerner.
Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today to support the
commemoration of the 44th Anniversary of the death of civil rights
workers Andrew Goodman, James Chaney and Michael Schwerner in
Philadelphia, Mississippi while working in the name of American
democracy to register voters and secure civil rights during the summer
of 1964, which would become known as Freedom Summer. I would like to
thank my fellow Judiciary member and the gentleman from Georgia,
Congressman John Lewis for introducing this legislation.
The right to vote has held a central place in the black freedom
struggle. After emancipation, African Americans sought the ballot as a
means to in American society. During the summer of 1964, thousands of
civil rights activists, many of them white college students from the
North, descended on Mississippi and other Southern states to try to end
the long-time political disenfranchisement of African Americans in the
region. Although blacks had won the right to vote in 1870, thanks to
the Fifteenth Amendment, for the next 100 years many were unable to
exercise that right. White local and state officials systematically
kept blacks from voting through formal methods, such as poll taxes and
literacy tests, and through cruder methods of fear and intimidation,
which included beatings and lynchings.
Freedom Summer marked the climax of intensive voter-registration
activities in the South that had started in 1961. Organizers chose to
focus their efforts on Mississippi because of the State's particularly
dismal voting-rights record: in 1962 only 6.7 percent of African
Americans in the State were registered to vote, the lowest percentage
in the country. The Freedom Summer campaign was organized by a
coalition called the Mississippi Council of Federated Organizations,
which was led by the Congress of Racial Equality (CORE), and included
the National Association for the Advancement of Colored People (NAACP),
and the Student Nonviolent Coordinating Committee (SNCC).
Freedom Summer activists faced threats and harassment throughout the
campaign, not only from white supremacist groups, but from local
residents and police. Freedom School buildings and the volunteers'
homes were frequent targets; 37 black churches and 30 black homes and
businesses were firebombed or burned during that summer, and the cases
often went unsolved. More than 1000 black and white volunteers were
arrested, and at least 80 were beaten by white mobs or racist police
officers.
But the summer's most infamous act of violence was the murder of
three young civil rights workers--a black volunteer, James Chaney, and
his white coworkers, Andrew Goodman and Michael Schwerner. On June 21,
Chaney, Goodman and Schwerner set out to investigate a church bombing
near Philadelphia, Mississippi, but were arrested that afternoon and
held for several hours on alleged traffic violations. Their release
from jail was the last time they were seen alive before their badly
decomposed bodies were discovered under a nearby dam six weeks later.
Goodman and Schwerner had died from single gunshot wounds to the chest,
and Chaney from a savage beating. These savage attacks were perpetrated
by the Ku Klux Klan.
The FBI investigation that uncovered the deaths of these three brave
young men, white and black, also led to the discovery of the bodies of
several other African-Americans from Mississippi, whose disappearances
over the years had not attracted much attention.
On December 4, 1964, 21 White Mississippians from Philadelphia,
Mississippi, including
[[Page 13346]]
the sheriff and his deputy, were arrested and charged with conspiring
to deprive Andrew Goodman, James Chaney, and Michael Schwerner of their
civil rights, because murder was not a Federal crime. Ironically, on
the very same day, December 4, 1964, Dr. Martin Luther King, Jr.
received the Nobel Peace Prize.
Later, a District Court judge dismissed the charges against the 21
Whites. After three years, and an appeal to the Supreme Court, seven
individuals were found guilty, but 2 of the defendants, including Edgar
Ray Killen, who had been implicated by witnesses, were acquitted
because the jury was deadlocked on charges.
Over twenty years later, on June 21, 2005 after new evidence, a jury
convicted Edgar Ray Killen on 3 counts of manslaughter. These freedom
riders made the ultimate sacrifice for the freedom of all people, black
and white. It is fitting that we recognize them and pay tribute,
respect, and homage to them, and to the legacy that they have left
behind.
We commemorate and acknowledge the legacy of these brave Americans
who participated in the civil rights movement and the role they played
in changing the hearts and minds of Americans. We also celebrate these
Americans for their decision to create a political environment
necessary to pass legislation to expand civil rights and voting rights
for all Americans.
Mr. DANIEL E. LUNGREN of California. 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 Michigan (Mr. Conyers) that the House suspend the rules
and agree to the resolution, H. Res. 1293.
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.
____________________
RESPONSIVE GOVERNMENT ACT OF 2008
Mr. CONYERS. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 6344) to provide emergency authority to delay or toll
judicial proceedings in United States district and circuit courts, and
for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6344
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 ``Responsive Government Act of
2008''.
SEC. 2. EMERGENCY AUTHORITY TO DELAY OR TOLL JUDICIAL
PROCEEDINGS.
(a) In General.--Chapter 111 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 1660. Emergency authority to delay or toll judicial
deadlines
``(a) Tolling in District Courts.--
``(1) In general.--In the event of a natural disaster or
other emergency situation requiring the closure of courts or
rendering it impracticable for the United States Government
or a class of litigants to comply with deadlines imposed by
any Federal or State law or rule that applies in the courts
of the United States, the chief judge of a district court
that has been affected may exercise emergency authority in
accordance with this section.
``(2) Scope of authority.--(A) The chief judge may enter
such order or orders as may be appropriate to delay, toll, or
otherwise grant relief from the time deadlines imposed by
otherwise applicable laws or rules for such period as may be
appropriate for any class of cases pending or thereafter
filed in the district court or bankruptcy court of the
district.
``(B) Except as provided in subparagraph (C), the authority
conferred by this section extends to all laws and rules
affecting criminal and juvenile proceedings (including,
prearrest, post-arrest, pretrial, trial, and post-trial
procedures), civil actions, bankruptcy proceedings, and the
time for filing and perfecting an appeal.
``(C) The authority conferred by this section does not
include the authority to extend--
``(i) any statute of limitation for a criminal action; or
``(ii) any statute of limitation for a civil action, if--
``(I) the claim arises under the laws of a State; and
``(II) extending the limitations period would be
inconsistent with the governing State law.
``(3) Unavailability of chief judge.--If the chief judge of
the district is unavailable, the authority conferred by this
section may be exercised by the district judge in regular
active service who is senior in commission or, if no such
judge is available, by the chief judge of the circuit that
includes the district.
``(4) Habeas corpus unaffected.--Nothing in this section
shall be construed to authorize suspension of the writ of
habeas corpus.
``(b) Criminal Cases.--In exercising the authority under
subsection (a) for criminal cases, the court shall consider
the ability of the United States Government to investigate,
litigate, and process defendants during and after the
emergency situation, as well as the ability of criminal
defendants as a class to prepare their defenses.
``(c) Tolling in Courts of Appeals.--
``(1) In general.--In the event of a natural disaster or
other emergency situation requiring the closure of courts or
rendering it impracticable for the United States Government
or a class of litigants to comply with deadlines imposed by
any Federal or State law or rule that applies in the courts
of the United States, the chief judge of a court of appeals
that has been affected or that includes a district court so
affected may exercise emergency authority in accordance with
this section.
``(2) Scope of authority.--The chief judge may enter such
order or orders as may be appropriate to delay, toll, or
otherwise grant relief from the time deadlines imposed by
otherwise applicable laws or rules for such period as may be
appropriate for any class of cases pending in the court of
appeals.
``(3) Unavailability of chief judge.--If the chief judge of
the circuit is unavailable, the authority conferred by this
section may be exercised by the circuit judge in regular
active service who is senior in commission.
``(4) Habeas corpus unaffected.--Nothing in this section
shall be construed to authorize suspension of the writ of
habeas corpus.
``(d) Issuance of Orders.--The Attorney General or the
Attorney General's designee may request issuance of an order
under this section, or the chief judge of a district or of a
circuit may act on his or her own motion.
``(e) Duration of Orders.--An order entered under this
section may not toll or extend a time deadline for a period
of more than 14 days, except that, if the chief judge
(whether of a district or of a circuit) determines that an
emergency situation requires additional extensions of the
period during which deadlines are tolled or extended, the
chief judge may, with the consent of the judicial council of
the circuit, enter additional orders under this section in
order to further toll or extend such time deadline.
``(f) Notice.--A court issuing an order under this
section--
``(1) shall make all reasonable efforts to publicize the
order, including announcing the order on the web sites of all
affected courts and the web site of the Federal judiciary;
and
``(2) shall, through the Director of the Administrative
Office of the United States Courts, send notice of the order,
including the reasons for the issuance of the order, to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives.
``(g) Required Reports.--A court issuing one or more orders
under this section relating to an emergency situation shall,
not later than 180 days after the date on which the last
extension or tolling of a time period made by the order or
orders ends, submit a brief report to the Committee on the
Judiciary of the Senate, the Committee on the Judiciary of
the House of Representatives, and the Judicial Conference of
the United States describing the orders, including--
``(1) the reasons for issuing the orders;
``(2) the duration of the orders;
``(3) the effects of the orders on litigants; and
``(4) the costs to the judiciary resulting from the orders.
``(h) Exceptions.--The notice under subsection (f)(2) and
the report under subsection (g) are not required in the case
of an order that tolls or extends a time deadline for a
period of less than 14 days.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 111 of title 28, United States Code, is
amended by adding at the end the following new item:
``1660. Emergency authority to delay or toll judicial deadlines.''.
SEC. 3. WAIVER OF PATENT AND TRADEMARK REQUIREMENTS IN
CERTAIN EMERGENCIES.
Section 2 of title 35, United States Code, is amended by
adding at the end the following new subsection:
``(e) Waiver of Requirements in Certain Emergencies.--The
Director may waive statutory provisions governing the filing,
processing, renewal, and maintenance of patents, trademark
registrations, and applications therefor to the extent the
Director considers necessary in order to protect the rights
and privileges of applicants and other persons affected by an
emergency or a major disaster, as those terms are defined in
section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122). A decision not to
exercise, or a failure to exercise, the waiver authority
provided by this subsection shall not be subject to judicial
review.''.
[[Page 13347]]
SEC. 4. AUTHORITY OF DIRECTOR OF PTO TO ACCEPT LATE FILINGS.
(a) Authority.--Section 156 of title 35, United States
Code, is amended by adding at the end the following new
subsection:
``(i) Discretion to Accept Late Filings in Certain Cases of
Unintentional Delay.--
``(1) In general.--The Director may accept an application
under this section that is filed not later than three
business days after the expiration of the 60-day period
provided in subsection (d)(1) if the applicant files a
petition, not later than five business days after the
expiration of that 60-day period, showing, to the
satisfaction of the Director, that the delay in filing the
application was unintentional.
``(2) Treatment of director's actions on petition.--If the
Director has not made a determination on a petition filed
under paragraph (1) within 60 days after the date on which
the petition is filed, the petition shall be deemed to be
denied. A decision by the Director to exercise or not to
exercise, or a failure to exercise, the discretion provided
by this subsection shall not be subject to judicial review.''
(b) Fee for Late Filings.--
(1) In general.--In order to effect a patent term extension
under section 156(i) of title 35, United States Code, the
patent holder shall pay a fee to the United States Treasury
in the amount prescribed under paragraph (2).
(2) Fee amount.--
(A) Fee amount.--The patent holder shall pay a fee equal
to--
(i) $65,000,000 with respect to any original application
for a patent term extension, filed with the United States
Patent and Trademark Office before the date of the enactment
of this Act, for a drug intended for use in humans that is in
the anticoagulant class of drugs; or
(ii) the amount estimated under subparagraph (B) with
respect to any other original application for a patent term
extension.
(B) Calculation of alternate amount.--The Director shall
estimate the amount referred to in subparagraph (A)(ii) as
the amount equal to the sum of--
(i) any net increase in direct spending arising from the
extension of the patent term (including direct spending of
the United States Patent and Trademark Office and any other
department or agency of the Federal Government);
(ii) any net decrease in revenues arising from such patent
term extension; and
(iii) any indirect reduction in revenues associated with
payment of the fee under this subsection.
The Director, in estimating the amount under this
subparagraph, shall consult with the Director of the Office
of Management and Budget, the Secretary of the Treasury, and
either the Secretary of Health and Human Services or (in the
case of a drug product subject to the Act commonly referred
to as the ``Virus-Serum-Toxin Act''; 21 U.S.C. 151-158) the
Secretary of Agriculture.
(3) Notice of fee.--The Director shall inform the patent
holder of the fee determined under paragraph (2) at the time
the Director provides notice to the patent holder of the
period of extension of the patent term that the patent holder
may effect under this subsection.
(4) Acceptance required.--Unless, within 15 days after the
Director provides notice to the patent holder under paragraph
(3), the patent holder accepts the patent term extension in
writing to the Director, the patent term extension is
rescinded and no fees shall be due under this subsection by
reason of the petition under section 156(i)(1) of title 35,
United States Code, pursuant to which the Director provided
the notice.
(5) Payment of fee.--The extension of a patent term of
which notice is provided under paragraph (3) shall not become
effective unless the patent holder pays the fee required
under paragraph (2) not later than 60 days after the date on
which the notice is provided.
(6) Fee payment not available for obligation.--Fees
received under this subsection are not available for
obligation.
(7) Director defined.--Except as otherwise provided, in
this subsection, the term ``Director'' means the Under
Secretary of Commerce for Intellectual Property and Director
of the United States Patent and Trademark Office.
(c) Applicability.--
(1) In general.--This section and the amendments made by
this section shall apply to any application--
(A) that is made on or after the date of the enactment of
this Act; or
(B) that, on such date of enactment, is pending before the
Director or as to which a decision of the Director is
eligible for judicial review.
(2) Treatment of certain applications.--In the case of any
application described in paragraph (1)(B), the 5-day period
prescribed in section 156(i)(1) of title 35, United States
Code, as added by subsection (a) of this section, shall be
deemed to begin on the date of the enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Conyers) and the gentleman from California (Mr. Daniel E.
Lungren) each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. CONYERS. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CONYERS. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of H.R. 6344, the Responsive
Government Act of 2008, bipartisan legislation with strong support on
both s des of the aisle.
The bill consists of three major components, each of which has, in
substance, previously passed the House on the suspension calendar.
Section 2 of the bill takes into account the practical realities of a
natural disaster or other emergency situation where compliance with
filing deadlines or other court rules would be impracticable,
dangerous, or simply impossible.
In emergency situations, such as those which occurred during, and in
the aftermath of, Hurricane Katrina, this section of the bill would
provide the Chief Judge of the affected District Court or Court of
Appeals with the authority to excuse a failure of litigants or the U.S.
Government to comply with filing deadlines.
Section 3 grants similar authority to the Patent and Trademark Office
to excuse failures to comply with filing deadlines caused by a natural
disaster or other emergency.
Section 4 of the bill also involves a grant of authority to the
Director of the Patent and Trademark Office to excuse specific late
filings--this time, in connection with unintentional human error.
Section 4 would provide the USPTO with the authority to accept an
application for patent term restoration under the Hatch-Waxman Act if
that application is filed within 3 business days of the existing 60-day
deadline.
This small but important change simply gives the USPTO discretion to
accept a late application, within a limited time period, under specific
conditions. This change is both good patent policy and good for public
health.
Under current law, the 60-day deadline is absolutely rigid, and the
consequences of that rigidity can be draconian and harshly
disproportionate.
Up to 5 years of patent protection can be destroyed on account of a
minor, inadvertent filing error of as little as 1 day.
This penalty is not merely disproportionate and excessive, it is also
out of sync with most other patent laws and regulations, which
typically give the USPTO Director the authority to excuse minor errors.
For instance, currently, if an applicant files an incomplete Hatch-
Waxman application, the USPTO can grant up to 2 extra months to correct
the application.
H.R. 6344 would eliminate this dichotomy, bringing the deadline
provision of Hatch-Waxman into greater harmony with other relevant
patent laws and regulations.
Moreover, H.R. 6344 would save lives. The reality is that the
unnecessary forfeit of years of patent rights for drugs can have an
extremely damaging effect on patients.
When the existing rigid deadline operates to strip away up to 5 years
of patent protection, it significantly reduces the likelihood of the
research and innovation that a full patent term would encourage.
This is not just a theoretical problem. A small U.S. maker of
Angiomax, a blood thinner, stands to lose 4\1/2\ years of patent
protection as a result of inadvertently filing its Hatch-Waxman
application for patent term restoration 1 day late.
Angiomax is considered the best alternative to heparin in coronary
angioplasties, and shows great promise with respect to open heart
surgery and the treatment of stroke and peripheral artery disease.
Public health and safety pushes us to promote effective substitutes
for heparin, such as Angiomax.
Earlier this year, contamination problems in Chinese manufacturing
plants, where heparin is made from pig intestines led to 81 patient
deaths.
Even apart from problems of contamination, thousands of people die
every year from adverse reactions to heparin.
At this moment, when the serious shortcomings of heparin have come
into bold relief, we have rightfully turned our attention to adjusting
a flawed patent provision in a manner that can improve and even save
the lives of large numbers of sick patients for years to come in this
and other instances.
Taken together, the three components of this bill--the discretion
provided in cases of emergency and the discretion provided in the
[[Page 13348]]
case of unintentional human error--are all sound public policy, and
have justifiably attracted bipartisan backing.
This bill is not inconsistent with, nor does it detract from, other
legal authorities.
I urge my colleagues to support this important legislation.
Madam Speaker, I am pleased now to yield such time as he may consume
to the author of this measure, the gentleman from Massachusetts (Mr.
Delahunt), who has worked tirelessly to make sure that this measure
arrives on the floor for consideration today.
Mr. DELAHUNT. Thank you, Mr. Chairman, for yielding the time.
Madam Speaker, I rise in strong support of H.R. 6344.
This is an extremely important bipartisan measure that combines sound
judicial policy with rational patent law and good public health policy.
The bill is aptly named Responsive Government Act because through its
provisions, Congress provides the judicial and executive branches with
commonsense flexibility to ease certain administrative requirements
which would otherwise result in undue hardship for diligent and well-
intentioned individuals and entities.
The House has previously passed this proposal in either identical or
similar language, and I should note under a suspension of the rules;
however, the other body has failed to act in a timely manner, but I
understand now the other body is prepared to proceed expeditiously.
Let me describe the measure.
Sections 2 and 3 provide the Federal courts and the Director of the
Patent and Trademark Office, respectively, with needed emergency
authority to toll or delay judicial proceedings or statutory deadlines
in the event of a natural disaster or other emergency situation which
makes it impractical for parties, including the United States, to
comply with certain filing conditions or, to the extent deemed
necessary, to protect the rights and privileges of people affected by
certain emergencies or a major disaster.
We recently all too often have observed how the ravages of natural
disasters disrupt the lives of our fellow citizens, which can impede
the ability to comply with strict statutory deadlines. Thus the
Responsive Government Act provides critical flexibility to the courts
and the PTO to help ameliorate the practical difficulties caused by
these emergency situations.
Finally, section 4 provides the PTO Director with the discretion to
accept an application for a patent term extension filed not later than
3 days after the expiration of the 60-day period in title XXXV of the
U.S. Code, provided the Director determines that the delay in filing
the application was unintentional.
This provision corrects an anomaly in the patent law and provides the
PTO with the discretion to excuse minor filing errors, discretion it
already has in most circumstances. As the PTO has testified to Congress
in the past, it would bring this provision of law in line with over 30
other patent laws and regulations. It would prevent the inappropriate
sacrifice of valuable earned patent rights. More importantly, this
adjustment would promote important clinical research that can benefit
the lives of seriously ill patients. This provision has the support of
leading medical researchers and practitioners across the Nation.
It addresses a particular section of the Hatch-Waxman Act that
provides a patent holder with up to 5 years of restored patent
protection for time lost while awaiting FDA approval. This extra time
is critical because for many highly innovative medicines, as research
continues even after the drugs have been approved and released to
market for a particular use. Many of these medicines have additional,
potentially lifesaving uses that would not be discovered without
further research, which is made possible by the years of patent
protection beyond the drug's initial release.
I note the presence here of our friend the delegate from the Virgin
Islands, who I am sure will speak to this measure, but I would commend
to all of our colleagues a review of her commentary that appeared some
time ago describing one drug in particular and what it means for
medical research and for practicing physicians such as herself.
By removing the unnecessary barriers to medical research, section 4
of this act will promote research into modern, safer, and more
effective medicines, saving lives and reducing burdening costs to our
health care system.
{time} 1530
In closing, I want to commend Chairman Conyers, Ranking Member Lamar
Smith, and our distinguished Chair of the Intellectual Property
Subcommittee, Mr. Berman, for their outstanding work in preparing the
Responsive Government Act of 2008, and urge that my colleagues approve
this helpful and necessary measure.
Mr. DANIEL E. LUNGREN of California. I yield myself such time as I
may consume.
I rise in support of H.R. 6344, the Responsive Government Act of
2008, and urge my colleagues to adopt it today. There are three major
components to the bill. First, the legislation authorizes Federal
courts to toll or otherwise delay deadlines outside of their
statutorily defined geographic domains during times of emergency. The
text is identical to that of H.R. 3729 from the 109th Congress, passed
on July 17, 2006, by a voice vote under suspension of the rules.
The need for this legislation became apparent following the terrorist
attacks of September 11, 2001, and the impact that these disasters had
on court operations, in particular in New York City.
In emergency conditions, a Federal court facility in an adjoining
district or circuit might be more readily and safely available to court
personnel, to litigants, to jurors, and the public, than a facility at
a place of holding court within the district. This is particularly true
in major metropolitan areas, such as New York, Washington, DC, Dallas,
and Kansas City, where the metropolitan areas include part of more than
one judicial district.
This reform is also needed to address natural disasters. The impact
of Hurricane Katrina on the Federal courts in Louisiana, Alabama, and
Mississippi once again demonstrated the importance of congressional
action on this proposal.
Where court operations cannot be transferred to other divisions
within the affected judicial district due to widespread flooding or
other destruction, judges must be empowered to shift court proceedings
temporarily into a neighboring judicial district.
The advent of electronic court record systems will facilitate
implementation of this authority by providing judges, court staff, and
attorneys with remote access to case documents.
Secondly, the bill allows the PTO director to waive various patent
and trademark filing requirements during emergencies. This text is
identical to that of H.R. 4742 from the 109th Congress, passed on
December 5, 2006, by voice vote under suspension of the rules.
The devastation caused by Hurricane Katrina in the gulf region
affected the ability of applicants, patentees, trademark holders, and
other interested parties to do business with the Patent and Trademark
Office. Despite its best efforts to date, the PTO needs additional
authority to provide individuals and businesses with relief from
certain statutory deadlines, especially those pertaining to the
maintenance of patents and trademarks.
Pursuant to the bill, the PTO may waive statutory provisions
governing the filing, processing, renewal, and maintenance of patents,
trademarks, and applications to the extent the director deems necessary
to protect the rights and privileges of applicants and other persons
affected by an emergency or major disaster.
Third, the bill grants the PTO director discretionary authority to
accept a late-filed application for patent term extension in certain
cases if the application is filed not later than 3 business days after
statutory deadline and the applicant files a petition within 5 business
days of the deadline that shows that the delay was unintentional.
This provision is similar to legislation, H.R. 5120, which passed the
House
[[Page 13349]]
by voice vote under suspension of the rules as part of S. 1785, the
Vessel Hull Design Protection Amendments of 2005. That passed on
December 6, 2006.
Madam Speaker, this is a good bill. It helps Federal litigants,
inventors, trademark holders, and other interested parties to maintain
their rights under adverse conditions. I urge Members to support the
bill, but I am intrigued by the name of the bill, the Responsive
Government Act of 2008. One would think that this government could be
responsive to the tremendous problem we have with high energy costs in
this country, not just gas prices, but home heating oil, the cost of
electricity, natural gas.
So with just one week left before the July 4 break, we would hope
that the Democrat majority would be willing to bring a bill to the
floor, something that is meaningful to provide some solutions to
increase the supply of American-made energy and lower gas prices.
Perhaps next time we won't leave town if the price of gasoline is $5 a
gallon. The way it's going, that may be the case. We shouldn't wait for
that. We should act now.
So we should have another Responsive Government Act of 2008, one that
responds to the needs and concerns of the American people. Americans
are paying, all Americans are paying, on average, about $1.74 more for
a gallon of regular unleaded gasoline than they were on the day that
the Democrats took over this House, promising a new, commonsense
approach to energy that would not only stop increases, but bring it
down. Unfortunately, just the reverse has been the case.
Perhaps we could work together somehow, agreeing that America has
never been afraid of the future. America has always embraced the future
and America has used technology here in the United States to surmount
obstacles. It seems strange that we would have American technology now
being used in waters off of Brazil to explore where they have just
found the largest single oil find in the last 25 years. There are some
that suggest that Brazil will now be energy-independent. They won't
even have to use the ethanol they produce from their sugar because of
this find. If the Congress of the United States had controlled Brazil,
they wouldn't have been able to find it, because it's offshore.
Last week, I remind my colleagues, the Democrat leadership had time
to schedule legislation to prohibit the interstate sale and transfer of
monkeys, but they apparently didn't have enough time to listen to the
large majority of Americans who support more U.S. energy production.
The new Fox News poll shows that 76 percent of Americans support
immediate efforts to drill more in the United States in order to boost
American energy production and help lower record prices. There's only
one thing standing in the way of this Congress. If we are to be truly
responsive, in addition to this fine bill that we are voting on today,
ought we not also respond to the most immediate concern of Americans in
every State, in every congressional district, and do something about
the supply of American-made energy and lower gas prices.
The response is not, as my friend on the other side said, all we need
to do is sue a little bit more. If we can have a few more people and a
few more courts, and sue, that will somehow solve the problem. No. The
answer is increase the supply of American-made energy and lower gas
prices right now. That is what the American people are asking for.
So as I rise in support of the Responsive Government Act of 2008, I
would hope we would have another Responsive Government Act, one that
will be responsive to the concerns expressed by the American people.
With that, I would yield back the balance of my time.
Mr. CONYERS. Madam Speaker, I yield myself such time as I may
consume.
We are in a spirit of bipartisanship and we are reaching out. Let's
not nationalize the oil companies. We agreed on that. Let's go from
shale to coal and let's go into all the alternatives. We are all for
that. No suing. Drill, drill, drill. No sue, no sue, no sue.
Now we are getting down to the 41 million acres of leased oil, and he
knew I was going to bring that up, that have been unused, and I don't
know how to make those oil companies drill and find out if there's
anything there or not. Maybe they don't want to know. Maybe they do
want to know but they don't have the machinery or equipment.
Mr. DANIEL E. LUNGREN of California. Would the gentleman yield?
Mr. CONYERS. Maybe there's a technological problem that is beyond the
understanding of we mere mortals on Judiciary.
Mr. DANIEL E. LUNGREN of California. Would the gentleman yield, as I
yielded to him?
Mr. CONYERS. Yes. The gentlemen yielded to me, so I will yield to
him.
Mr. DANIEL E. LUNGREN of California. I thank the chairman.
In response to the question, I am sure the gentleman may be aware of
the fact that 52 percent of the exploratory wells that were drilled by
American companies in America over the last 5 years were dry wells. So,
in some cases, they have taken leases on land offshore, and that has
proven not to be a successful well.
The problem is that those that have the greatest prospect for
yielding real petroleum and natural gas have been prohibited by this
Congress. As the gentleman may know, they pay for those leases. They
continue to pay for those leases. I have not heard anybody on this
floor accuse the oil companies of paying for something for nothing.
They pay for those leases. There is a limit on the time that they can
have those leases when they do not produce them.
So, in all cases, they have made judgments as to whether or not the
leases they have are yielding leases, and in many cases, 52 percent,
they have tried to find oil, and they haven't found it.
So I thank the gentleman for yielding. I appreciate his courtesy.
Mr. DELAHUNT. Would the chairman yield?
Mr. CONYERS. You know, we had a hearing on this subject. The oil
execs of the five companies came before us. In the other body, three of
them told us how much they made. As you know, they make the top profits
of any executives in business, short of the pharmaceuticals, of course.
I don't want to short them. We found out that two of them couldn't even
remember how much they made.
Look; salaries, options, stock, bonus. Who knows what else. I hope my
dear friend from California will join me on the letter that I am
sending to the two, referring them to look up their accountant, because
I know they paid their taxes on April 15, and just give us a ballpark
figure of how much they made. If the gentleman will join me in this
consideration, I'd be very grateful.
I yield to the gentleman from Massachusetts.
Mr. DELAHUNT. I thank the Chair. It's seldom that my dear friend from
California errs, but I would point out that the 41 million acres that
the Chair of the committee alluded to is actually 41 million acres
under water. According to the latest statistics, that represents some
80 percent of the proven reserves that are available in terms of
offshore waters.
So I don't know where the gentleman gets his statistics, but I would
think after we pass this Responsive Government Act, that we could sit
down and work out some legislation that would rescind those leases that
are currently being banked by leaseholders and the consequences of
which are reducing the supply of oil and gas so that as the demand
increases, naturally the price explodes.
We cannot afford to have given away our natural resources to major
oil companies and have them sit on it and do absolutely nothing,
because the gentleman is right, and he well knows it, that the American
people are hurting.
{time} 1545
There is legislation I know that the dean of the Massachusetts
delegation, Congressman Markey, has either filed or is preparing to
file, and I am sure that he would welcome my good friend the former
Attorney General of California to be an original cosponsor.
[[Page 13350]]
Mr. CONYERS. Madam Speaker, I yield such time as she may consume to
the gentlewoman from the Virgin Islands (Mrs. Christensen), a leader in
universal health care activities.
Mrs. CHRISTENSEN. Madam Speaker, I thank Chairman Conyers for
yielding, and I rise in support of H.R. 6344, the Responsive Government
Act of 2008.
Before I speak to that bill, I also want to register my support for
the previous bill, H. Res. 1293, which honors the memory of the three
brave young men, Andrew Goodman, James Chaney and Michael Schwerner,
who gave their lives to ensure that the right to vote would be
guaranteed to every American. We thank them and their families for
their service and their sacrifice.
Among its provisions, the Responsive Government Act of 2008 will make
a minor but important amendment to the landmark Hatch-Waxman Act patent
act of 1984. This act of 1984 has done much to make medicine available
and more affordable for countless people in this country. Inadvertently
though, in patent term restoration, there is an inflexible deadline
provision which has the potential to limit the good that the act can
do.
Within H.R. 6344 is a provision which will grant discretion to the
Patent and Trademark Office to excuse minor filing errors as is the
case with other patents. This will ensure that needed medication that
treats sometimes life-threatening illnesses, like Angiomax and others,
will be more readily available, while continuing to ensure patient
protections.
This is an issue I have worked on as Chair of the Health Braintrust
of the Congressional Black Caucus, and I am glad that it is on the
floor for passage today. I applaud my colleague from Massachusetts, Mr.
Delahunt, for his work on this bill, and the Chair and ranking member
of the committee for their leadership, and I urge my colleagues to pass
H.R. 6344.
Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in support of
H.R. 6344 the ``Responsive Government Act of 2008. This bill is
important because it liberalizes the technical filing requirements in
judicial proceedings in the event of a disaster or other emergency
situation. The bill provides flexibility in both criminal and civil
matters, including patents. I urge my colleagues to support this bill.
Hurricane Katrina was the costliest and one of the deadliest
hurricanes in the history of the United States. It was the sixth-
strongest Atlantic hurricane ever recorded and the third-strongest
hurricane on record that made landfall in the United States. Katrina
formed on August 23 during the 2005 Atlantic hurricane season and
caused devastation along much of the north-central gulf coast of the
United States. Most notable in media coverage were the catastrophic
effects on the city of New Orleans, Louisiana, and in coastal
Mississippi. Due to its sheer size, Katrina devastated the gulf coast
as far as 100 miles from the storm's epicenter.
The images of the detriment and devastation remain deeply etched in
my mind and much of the remnants of the tragedy still remain in those
communities today. The storm surge caused severe and catastrophic
damage along the gulf coast, devastating the cities of Bay St. Louis,
Waveland, Biloxi/Gulfport in Mississippi, Mobile, Alabama, and Slidell,
Louisiana and other towns in Louisiana. Levees separating Lake
Pontchartrain and several canals from New Orleans were breached a few
days after Hurricane Katrina had subsided, subsequently flooding 80
percent of the city and many areas of neighboring parishes for weeks.
In addition, severe wind damage was reported well inland.
This commonsense bill recognizes that deadlines in judicial
proceeding need to be relaxed when there are natural disasters and
emergencies. I support the bill.
Specifically, the bill provides federal courts with needed emergency
authority to toll or delay judicial proceedings in the event of a
natural disaster or other emergency situation in which courts are
closed, making it impracticable for parties, including the United
States, to comply with certain filing deadlines.
Section 3 of the bill provides authority to the Director of the
Patent and Trademark office to waive statutory provisions governing
patents, trademark registrations and applications to the extent the
Director deems necessary to protect the rights and privileges of people
affected by certain emergencies or a major disaster.
The Responsive Government Act provides essential flexibility to the
courts and the PTO to help ameliorate the practical difficulties caused
by these emergency situations.
Finally, Section 4 provides the Director of the Patent and Trademark
Office with the discretion to accept an application for a patent term
extension filed not later than three days after the expiration of the
60-day period in Title 35 U.S.C. 156, provided the Director determines
that the delay in filing the application was unintentional.
This provision, which corrects an anomaly in the patent law, will
provide needed flexibility to the PTO to excuse minor filing errors and
will promote important clinical research that can benefit the lives of
seriously ill patients. This provision has the support of leading
medical practitioners across the Nation.
This bill is common sense. It relaxes the technical filing
requirements during times of disaster or emergency. Given the disaster
and tough times that we have faced within the last 8 years, with
disasters such as Hurricanes Rita and Katrina, and the tragic events of
9/11, Congress needs to have a sensible response to these events.
Litigants and patentees should not be penalized because of force majeur
and other events beyond their control.
Because this bill is sensible, responsible legislation, I urge my
colleagues to support this bill.
Mr. CONYERS. Madam Speaker, I yield back any time we have remaining.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Conyers) that the House suspend the rules
and pass the bill, H.R. 6344.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________
PRE-DISASTER MITIGATION ACT OF 2008
Ms. NORTON. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 6109) to amend the Robert T. Stafford Disaster Relief and
Emergency Assistance Act to reauthorize the pre-disaster hazard
mitigation program, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6109
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 ``Pre-Disaster Mitigation Act
of 2008''.
SEC. 2. PRE-DISASTER HAZARD MITIGATION.
(a) Allocation of Funds.--Section 203(f) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133(f)) is amended to read as follows:
``(f) Allocation of Funds.--
``(1) Base amount.--The amount of financial assistance made
available to a State (including amounts made available to
local governments of the State) under this section for a
fiscal year--
``(A) shall be not less than the lesser of--
``(i) $575,000; or
``(ii) the amount that is equal to 1.0 percent of the total
funds appropriated to carry out this section for the fiscal
year; and
``(B) shall be subject to the criteria specified in
subsection (g).
``(2) Competitive program.--Other than the amounts
described in paragraph (1), financial assistance made
available to a State (including amounts made available to
local governments of the State) under this section shall be
awarded on a competitive basis subject to the criteria in
subsection (g).
``(3) Maximum amount.--The amount of financial assistance
made available to a State (including amounts made available
to local governments of the State) for a fiscal year shall
not exceed 15 percent of the total amount of funds
appropriated to carry out this section for the fiscal
year.''.
(b) Authorization of Appropriations.--Section 203(m) of
such Act (42 U.S.C. 5133(m)) is amended to read as follows:
``(m) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $250,000,000 for
each of fiscal years 2009, 2010, and 2011.''.
(c) References.--Section 203 of such Act (42 U.S.C. 5133)
is amended--
(1) in the section heading by striking ``PREDISASTER'' and
inserting ``PRE-DISASTER'';
(2) in the subsection heading for subsection (i) by
striking ``PREDISASTER'' and inserting ``PRE-DISASTER'';
(3) by striking ``Predisaster'' each place it appears and
inserting ``Pre-Disaster''; and
(4) by striking ``predisaster'' each place it appears and
inserting ``pre-disaster''.
[[Page 13351]]
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
the District of Columbia (Ms. Norton) and the gentlewoman from Virginia
(Mrs. Drake) each will control 20 minutes.
The Chair recognizes the gentlewoman from the District of Columbia.
General Leave
Ms. NORTON. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and to include extraneous material on H.R. 6109.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from the District of Columbia?
There was no objection.
Ms. NORTON. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise and ask the House to support H.R. 6109, as
amended, the Pre-Disaster Mitigation Act of 2008. I want to especially
thank Chairman Oberstar and Ranking Member Mica, and my own
subcommittee ranking member, Congressman Graves, for their very strong,
bipartisan support of this essential bill.
H.R. 6109, the Pre-Disaster Mitigation Act of 2008, reauthorizes the
Pre-Disaster Mitigation program for 3 years. The bill authorizes grants
to States awarded on a competitive basis, except that each State, and
this is important, each State receives a statutory minimum of $557,000
or 1 percent of the funds appropriated, whichever is less. In this way,
the bill increases the minimum amount that each State can receive under
the program from $500,000 to $575,000 and codifies the competitive
selection process of the program, as currently administered by FEMA.
The bill authorizes $250 million for each of fiscal years 2009 through
2011 for the Pre-Disaster Mitigation program.
The PDM program was first authorized in the Disaster Mitigation Act
of 2000. The program, administered by FEMA through its Mitigation
Division, is authorized under section 203 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, which we call the
Stafford Act, of course. Pursuant to section 203(m) of the Stafford
Act, the PDM program terminates on September 30 of this year unless
Congress reauthorizes the program.
This program provides cost-effective technical and financial
assistance to State and local governments, which on the basis of a
study of the effects of this quite new program, we now know reduces
injuries, loss of life and damage to property caused by natural
disasters. It provides grants to the States, territories, tribal
governments and local communities on a competitive basis.
According to the CBO, on average future losses are reduced by about
$3 measured in discounted present value for each $1 spent on these
projects, including both Federal and non-Federal spending.
Madam Speaker, this is not a program which we have lightly
authorized. We learned some lessons from Katrina. We have learned
lessons, I believe, Madam Speaker, this week when entire sections of
our country are being ravaged by flooding.
This amount of money we do not pretend will allow pre-disaster
programs to be undertaken for every event that can be expected. What it
does do is to draw to the attention of local and State governments to
what they and what we should be doing to reduce our own liability from
particularly these natural disasters.
Whenever a disaster occurs, Madam Speaker, this Congress will do what
it must do. It will step up and do what we are doing in Louisiana. We
do not pretend that the worst disaster in recorded United States
history could have somehow been even perhaps mitigated by these funds,
but we do believe that Katrina tells the story that every bit of
mitigation you do, $3 for every $1 invested, says CBO, saves, first of
all, lives, and then, of course, saves the investment that we ourselves
will be required to make, and as Americans, we can say will make, in
the event of a disaster.
We all owe it to the country and to our local jurisdictions to use
this money strategically and wisely so that it has the greatest effect,
given the amount available.
I reserve the balance of my time.
Mrs. DRAKE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of H.R. 6109, which reauthorizes the
successful Pre-Disaster Mitigation program for the next 3 years. The
Pre-Disaster Mitigation program was originally authorized by the
Disaster Mitigation Act of 2000 as a pilot program to study the
effectiveness of mitigation grants given to communities before disaster
strikes. Prior to the creation of the Pre-Disaster Mitigation program,
hazard mitigation primarily occurred after a disaster through FEMA's
Hazard Mitigation Grant Program. Every disaster costs us in damage to
homes, businesses and infrastructure, and potentially in the loss of
lives.
The Pre-Disaster Mitigation program prevents damage and destruction
by helping communities to act proactively through projects that reduce
the cost and limit the adverse impacts of future disasters.
With FEMA's assistance, local governments identify cost-effective
mitigation projects, which are awarded on a competitive basis. Since
its inception, mitigation programs have helped local communities save
lives and reduce property damage through a wide range of mitigation
projects, such as home elevations, buyouts, improved shelters and
warning systems.
In 2005, the National Institute of Building Sciences issued a study
that conclusively demonstrated Federal mitigation programs saved the
Federal Government money. Specifically, the study found that for every
dollar spent on mitigation, the American taxpayer saves over $3 in
Federal disaster payments.
Mitigation projects also are intended to save lives, and this year's
record tornado season underscores the importance of lifesaving warning
sirens. Given the tremendous destructive power of tornadoes, you can't
mitigate against property damage, but you can mitigate the loss of life
with a warning system. I particularly want to thank Chairwoman Norton
for including report language clarifying that Congress intended tornado
warning sirens to be funded in this program.
At this point I would like to read a paragraph from the committee
report on this subject:
``The Committee notes the clear purpose of the Pre-Disaster
Mitigation program to reduce injuries, loss of life, and damage to
property from natural disasters and the program's broad statutory
authority to provide Federal assistance for projects, such as tornado
warning sirens, which serve this purpose. Given the sudden nature and
extreme destructive power of tornadoes, the Committee believes warning
sirens are a cost-effective measure for mitigating injuries and loss of
life from tornadoes. The Committee believes that Section 203 of the
Stafford Act clearly authorizes mitigation assistance for tornado
warning sirens.''
I believe this language makes it perfectly clear that Congress
intended tornado warning sirens to be an eligible project under the
Pre-Disaster Mitigation program and Congress expects the Federal
Emergency Management Agency to administer the program accordingly.
In conclusion, mitigation works. It saves lives, limits future
damage, and reduces Federal disaster costs. The Pre-Disaster Mitigation
program is a worthy program, and I look forward to working with
Chairwoman Norton to reauthorize it this year.
I urge my colleagues to support the bill.
I yield back the balance of my time.
{time} 1600
Ms. NORTON. Madam Speaker, it is a special pleasure and honor to
introduce the Chair of the full committee whose knowledge and work long
before this bill finally came forward in the form of an actual bill has
been seminal to the act before us today, the chairman of the full
committee, the gentleman from Minnesota (Mr. Oberstar).
Mr. OBERSTAR. I thank the gentlewoman for yielding. And I want to
[[Page 13352]]
compliment Chairwoman Norton for the splendid work she has done
chairing the subcommittee, holding hours of hearings on the Pre-
Disaster Mitigation program and on various aspects of FEMA's programs
that have unfolded in the aftermath of Hurricane Katrina. She has
rendered enormous service to the country, to the people of flood prone,
disaster prone areas of the country through these hearings and done a
superb job. And to Mr. Graves, the ranking member of the subcommittee,
and Mr. Mica who has fully participated in the shaping of this
legislation. It is truly a bipartisan initiative, but one that goes
back a very long time.
It was in 1988, then the Committee on Public Works and Transportation
authorized FEMA's Hazard Mitigation Program. We thought then this was a
very important initiative to provide grants to communities so that they
could put in place initiatives, whether structures or nonstructural
approaches to protecting communities and individuals, businesses,
residences against the hazards of flood, tornado, hurricane and, in our
northern tier, excessive snowfall.
The idea was to build better after a disaster and be better prepared
for the next time around. But that idea evolved over time, and it was
in the mid 1990s that then James Lee Witt, the administrator of FEMA,
conceived the idea of taking hazard mitigation a step further to pre-
disaster mitigation. He called it Project Impact.
He came up to the committee, now the Committee on Transportation and
Infrastructure, to meet with then Chairman Bud Shuster and me as the
ranking member to discuss Project Impact, saying that we can save
money, as the gentlewoman, the minority leader for this afternoon, has
indicated, that we can save money by protecting against what we know
will be hazards, disasters happening in the future. And so the
committee crafted in 2000 the Pre-Disaster Mitigation program in our
FEMA disaster Hazard Mitigation Program.
Out of that program was allocated to the City of Seattle $50 million
to strengthen structures in the city against the possibility of
earthquake. The city invested some $50 million in strengthening public
structures, public buildings, public roadways, and private structures
as well. And then they had an earthquake. After the effects of the
earthquake had been analyzed, FEMA estimated that the Pre-Disaster
Mitigation investments saved $500 million in what would have been
damaged public and private structures alike, ten-fold the value of the
investment.
The program then was further extended as the Committee on
Transportation and Infrastructure continued its work. I remember
subsequent Chairman Don Young saying so often: Yes, we have to be
prepared. FEMA is in the Department of Homeland Security and has to be
part of protecting against the security threat to the United States. We
don't know when it will come. We know that we have to be prepared. But
we do know that every year, said Chairman Young, there are going to be
hurricanes, there is going to be a flood, there is going to be
whiteouts, there is going to be an earthquake, and we need to continue
this program. So with bipartisan support, we have extended the program.
In the aftermath, one of the best examples was the town of Valmeyer,
Illinois, devastated in the 1993 Mississippi River flood. For $45
million in Federal, State, and local funding and Pre-Disaster
Mitigation, the town was simply relocated to bluffs 400 feet above the
site of the former town. This year, as the Mississippi overflowed its
banks in many places along its course from southern Minnesota through
Iowa, the Chicago Tribune ran a story entitled, ``Valmeyer, Illinois,
Soaked in '93, Town Now High and Dry.'' Quoting a resident, Eleanor
Anderson, 86 years old, home destroyed in the 1993 flood, said, ``I am
sure glad I don't have to worry now that we are high enough here on the
hill.'' That is a reasonable investment of public funds.
Story County, Iowa, in 1990, 1993 and 1996, homes were flooded out.
Finally, in 1996, with Pre-Disaster Mitigation Funds, those six homes
were bought out and moved out. And in 1998 when the floods struck, FEMA
estimated that the Federal and State and local governments saved
$541,900 in what would have been damages to restore those homes.
In my own district, in 1999, on the eve of July 4, on July 3,
straight-line winds called a derecho of 100 miles an hour in a swath 15
miles wide swept through the Superior National Forest, the Boundary
Waters Canoe area on the U.S.-Canadian border, and blew down 26 million
trees, 3 years' worth of timber harvest for the whole State of
Minnesota, creating an enormous hazard for fire to local residents. In
the area outside of the wilderness, trees had to be subjected to
salvage logging to clear out a way from homes, from resorts, and from
outfitter buildings.
Following up, FEMA came to the area and said, with Pre-Disaster
Mitigation funds, we propose a 75/25 participation to install sprinkler
systems around all the homes and all the businesses in the Gunflint
Trail area to protect against the potential, the very real potential of
future fire. Almost every resident and business participated in the
program, and about 96 percent of the people maintained their sprinkler
systems. Then last year, in April of 2007, a fire broke out. Careless
campers left the site of their camping and a wind came up and blew it
into what eventually became a 75,000 acre fire. The homes that had the
sprinkler systems, the buildings that were protected with the sprinkler
systems were unscathed. Those that weren't, 147 of them, burned.
Pre-Disaster Mitigation saves lives, saves property, saves costs. It
is a sound investment in the future. We have authorized in this
legislation the program for an additional 3 years at $250 million each
for fiscal 2009 through 2011. The chair of the subcommittee, the
gentlewoman from the District of Columbia (Ms. Norton) has outlined all
of the specifics of the bill; I need not go into them.
I simply speak to reinforce the specific examples the benefits of the
Pre-Disaster Mitigation program. It is a sound investment in the future
of this country for all of us as we are subjected to increasing amounts
of disaster from natural causes.
Ms. NORTON. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Davis of California). The question is
on the motion offered by the gentlewoman from the District of Columbia
(Ms. Norton) that the House suspend the rules and pass the bill, H.R.
6109, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________
OLD POST OFFICE BUILDING REDEVELOPMENT ACT OF 2008
Ms. NORTON. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 5001) to authorize the Administrator of General Services to
provide for the redevelopment of the Old Post Office Building located
in the District of Columbia, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5001
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 ``Old Post Office Building
Redevelopment Act of 2008''.
SEC. 2. OLD POST OFFICE BUILDING DEFINED.
In this Act, the term ``Old Post Office Building'' means
the land, including any improvements thereon and specifically
including the Pavilion Annex, that is located at 1100
Pennsylvania Avenue, NW., in the District of Columbia, and
under the jurisdiction, custody, and control of the General
Services Administration.
SEC. 3. FINDINGS.
Congress finds the following:
(1) For almost a decade the Subcommittee on Economic
Development, Public Buildings, and Emergency Management of
the Committee on Transportation and Infrastructure of the
House of Representatives has expressed considerable concern
about the waste and neglect of the valuable, historic Old
Post Office Building, centrally located in the heart of the
Nation's Capital on Pennsylvania Avenue, and has pressed
[[Page 13353]]
the General Services Administration to develop and fully use
this building.
(2) The policy of the Government long has been to preserve
and make usable historic properties rather than sell them for
revenue.
(3) Security concerns related to this property's proximity
to the White House may hinder the sale of the Old Post Office
Building to a private party.
(4) On December 28, 2000, the General Services
Administration, pursuant to Public Law 105-277, submitted to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committees on Appropriations
and Environment and Public Works of the Senate a plan for the
comprehensive redevelopment of the Old Post Office.
(5) The Committee on Transportation and Infrastructure
approved the redevelopment plan on May 16, 2001, and the
Committees on Appropriations and Environment and Public Works
approved the plan on June 15, 2001.
(6) The General Services Administration issued a Request
for Expression of Interest in 2004 for developing the Old
Post Office Building that generated a healthy, private sector
interest, but the General Services Administration has failed
to proceed with implementation of the approved redevelopment
plan.
(7) Redevelopment of the Old Post Office Building will
preserve the historic integrity of this unique and important
asset, put it to its highest and best use, and provide a
lucrative financial return to the Government.
SEC. 4. REDEVELOPMENT OF OLD POST OFFICE BUILDING.
(a) In General.--The Administrator of General Services is
directed to proceed with redevelopment of the Old Post Office
Building, in accordance with existing authorities available
to the Administrator and consistent with the redevelopment
plan previously approved by the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committees on Appropriations and Environment and Public Works
of the Senate.
(b) Relocation of Existing Building Tenants.--The
Administrator is authorized, notwithstanding section 3307 of
title 40, United States Code, and otherwise in accordance
with existing authorities available to the Administrator, to
provide replacement space for Federal agency tenants housed
in the Old Post Office Building whose relocation is necessary
for redevelopment of the Building.
SEC. 5. REPORTING REQUIREMENT.
(a) In General.--The Administrator of General Services
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on any proposed redevelopment agreement related to the
Old Post Office Building.
(b) Contents.--A report transmitted under this section
shall include a summary of a cost-benefit analysis of the
proposed development agreement and a description of the
material provisions of the proposed agreement.
(c) Review by Congress.--Any proposed development agreement
related to the Old Post Office Building may not become
effective until the end of a 30-day period of continuous
session of Congress following the date of the transmittal of
the report required under this section. For purposes of the
preceding sentence, continuity of a session of Congress is
broken only by an adjournment sine die, and there shall be
excluded from the computation of such 30-day period any day
during which either House of Congress is not in session
during an adjournment of more than 3 days to a day certain.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
the District of Columbia (Ms. Norton) and the gentlewoman from Virginia
(Mrs. Drake) each will control 20 minutes.
The Chair recognizes the gentlewoman from the District of Columbia.
General Leave
Ms. NORTON. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and to include extraneous material on H.R. 5001.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from the District of Columbia?
There was no objection.
Ms. NORTON. Madam Speaker, I yield myself such time as I may consume.
I am pleased to rise in support of H.R. 5001, as amended, and to ask
for the support of the House, a bill to direct the General Services
Administration to redevelop the Old Post Office located on Pennsylvania
Avenue, right in the center of the District of Columbia.
On January 16, 2008, I introduced H.R. 5001, the Old Post Office
Development Act, to redevelop the nearly empty Old Post Office, a
unique historic treasure which was once the post office of the Nation's
capital located at 1100 Pennsylvania Avenue Northwest, owned by the
Federal Government's GSA.
For more than ten years, our Subcommittee on Economic Development,
Public Buildings, and Emergency Management has expressed continuing and
mounting concern about the neglect and underutilization of this
invaluable government site, and has pressed the GSA to develop and use
this building to its full potential.
Madam Speaker, when I brought this bill to the full committee, Mr.
Oberstar from whom we just heard on a prior bill and Ranking Member
Mica lead what could only be called a round of hoorahs and hosannas
that this bill was being brought forward.
More than 20 million visitors come. This building is so strategically
placed that it is almost certain that constituents of Members have
ventured into this extraordinary building which looks like just the
kind of building that invites people on the outside, and then they come
on the inside and they can't believe what they see. So the building is
well known not only by our subcommittee but by the full committee.
Worse, as I shall relate, is why it has not been brought forward.
The Old Post Office Building was completed in 1899. That makes it one
of the oldest buildings here, and is certainly one of the oldest,
perhaps the oldest, for which rehabilitation and preservation has not
somehow begun or envisioned. This grand example of Romanesque revival
occupies an entire city block. Because it was the main post office, it
was strategically located for a purpose not as an historic building,
but in the 19th century when that is how you built post offices.
The building was placed on the Historic Register in 1973, and remains
one of the city's most unusual, interesting, and appealing landmarks.
Part of the appeal of the Old Post Office Building also is its central
location in the Federal Triangle, its proximity to many Federal
historic sites not the least of them the White House which is a stone's
throw from the Old Post Office. Our major metro lines converge there,
and a host of restaurants and other amenities surround this location's
major tourist site.
{time} 1615
This bill is important for the city I represent, as well, but its
importance goes far beyond any particular district. This building
belonged to the United States of America before there was any home rule
in the District of Columbia.
When the Congress of the United States ran the District of Columbia,
they saw fit to have a post office befitting the Nation's capital. You
would have thought, particularly given the history of developing
historic structures here, for which the GSA deserves special credit,
that this building certainly, at some point in the 20th century, would
have been rehabilitated.
Actually, this particular struggle started in 1998. Congress passed
the Omnibus Consolidated and Emergency Supplemental Appropriations Act
of 1999, and in that act our committee required the GSA to submit a
development plan for the Old Post Office before any Federal funds could
be used to convert the space. And on February 28, 2000, GSA did in
fact, pursuant to law, submit such a plan as required.
Madam Speaker, no bill, and in my entire history on the committee, no
bill has been necessary for this work. We don't trouble the Congress
with this work. But it took a bill now 10 years ago just to get a plan.
On May 16, 2001, the Committee on Transportation and the Infrastructure
passed an additional resolution authorizing the development of the Old
Post Office. So we come forward with bills that ordinarily are
unnecessary because the GSA goes ahead and submits a prospectus that we
approve, and that's it.
The GSA finally in 2005 did issue what we call a request for
expression of interest. That's the way we do federal development in our
subcommittee.
This is a priceless treasure. If you go to the inside of the
building, you see it was built and looks now almost like a cavernous
space, most of it is ceiling like this chamber, Madam Speaker, without
the room to place for offices or the like. So in order to decide
whether or not this was a property which the private sector thought
could be developed, we required GSA to ask for expressions of interest.
The GSA received apparently many indications of interest from the
private
[[Page 13354]]
sector. But the agency has never proceeded to the next step. For that
reason--and remember we are talking about 2005 when the request for
expression of interest occurred--as has been required, every step along
the way, a bill is going to be necessary to move the GSA to act and
that is what H.R. 5001 does, so that this structure can in fact be
utilized for the benefit of Federal taxpayers, for the benefit of
visitors to the city, and of course for the benefit of the city as
well.
The Congress may be curious as to why there would be any resistance.
It is difficult to understand, Madam Speaker, considering that for
three, almost four decades we have poured money into the Old Post
Office because they didn't want to let it just stand there and get no
revenue. So each year the Federal Government loses $6 million or $7
million more than it takes in from the tiny agencies around the rim of
the cave, as it were.
If you multiply that over many decades, you will understand that
pouring renovations into a building that needed a complete makeover,
while allowing a tiny agency here or there to occupy whatever space you
could find, has resulted in the loss of billions of dollars to the
Federal Government, when in fact we could have reversed that process,
bringing billions of dollars of revenue for us, had we done what we did
with the highly regarded Tariff Building, another one of the grand old
buildings that stood here when I was a kid and where GSA has already
shown it can make excellent use of otherwise antiquated and virtually
useless structures.
What it did was to convert the old Tariff Building into the rarified,
high priced Monaco Hotel, which sits across from the Portrait Gallery.
That building quickly returned revenue to the Federal Government. The
redevelopment of the Tariff Building shows what can be achieved when
the Federal Government works with the private sector to redevelop a
site that brings a return to the government, provides a safe and
necessary facility for the city and for visitors, and importantly,
preserves a priceless, truly priceless historic treasure.
Madam Speaker, our bill now has language that makes it impossible for
the GSA to refuse to proceed, as it has done with our prior two bills.
GSA is directed to proceed. We waived the prospectus. OMB is not
implicated. And I should say for the record that I think the villain in
the piece is OMB and not GSA. For reasons known only to itself, and
some have said that they wanted to sell the building, even though there
is a bipartisan ``no'' to, in fact, selling any historic structure in
the United States. Whatever is the reason, it took a killing in front
of the building when they had rented it out to a George Washington
University student organization in order to get any movement on the
bill, and now the Congress is going to have to make it impossible for
OMB to keep GSA from proceeding or face contempt of Congress.
We also take away the excuse that there are agencies in the building.
There are a couple of tiny agencies in the building, the kind of
agencies that GSA can relocate on the back of an envelope because it
relocates very large agencies all the time. Congress has done its
homework. It is now time for the GSA to do its work and start bringing
some revenue here from this historic structure and some pleasure for
the many visitors who wander inside and are distressed by what they
see.
I reserve the balance of my time.
Mrs. DRAKE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H.R. 5001, the Old Post
Office Building Redevelopment Act of 2008. The bill would direct the
General Services Administration to enter into an agreement to develop
the Old Post Office building on Pennsylvania Avenue in accordance with
its plan approved by the Committee on Transportation and Infrastructure
in 2001. The bill would also authorize GSA to relocate the Federal
agencies currently occupying the Old Post Office Building.
The management of Federal real property has been on the Government
Accountability Office's high-risk list since 2003. One of the key
issues the GAO has raised is the problem of unused and under-used
Federal property.
Currently, the Old Post Office is under-used and has been for some
time. Over the years, there have been many attempts to make better use
of this historic building. The most recent attempt was made after
Congress passed the Public Buildings Cooperative Use Act in 1976. This
act, among other things, required GSA to encourage the public use of
public buildings for ``cultural, educational and recreational
activities'' and allowed Federal entities and commercial enterprises to
share federally owned buildings.
Unfortunately, the mixed use of Federal and commercial space was not
successful in this case. Today, there are only a handful of Federal
agencies in this historic building on Pennsylvania Avenue, considered
America's Main Street. This area of the city has undergone
revitalization to help benefit and attract people who live, work and
visit the Nation's capital. Allowing for the redevelopment and reuse of
this important building will help to further the progress made in this
area of the city.
Authorizing GSA to proceed with the full redevelopment of this
building has the potential of being a win-win situation for the Federal
Government, the taxpayers, and the local community. I support this
bill, and I urge my colleagues to do the same.
Mr. OBERSTAR. Madam Speaker, I rise in support of H.R. 5001, a bill
to direct the redevelopment of the Old Post Office Building, which is
not only a landmark in the Nation's capital, but a jewel of ``America's
Main Street,'' Pennsylvania Avenue. I commend the gentlewoman from the
District of Columbia (Ms. Norton) for introducing this legislation and
for her work on this issue as Chair of the Subcommittee on Economic
Development, Public Buildings, and Emergency Management.
Completed in 1899, the Old Post Office building was intended to be
the U.S. Post Office Department Headquarters building as well as the
city's main post office. The Old Post Office building was awarded a
place on the National Register of Historic Places in 1973. This
Romanesque building is the second tallest structure and one of the
first steel-frame buildings in the District of Columbia.
Despite the magnificence of this building and its extraordinary
location, it has been difficult to develop this building to its fullest
potential. A renovation of the Old Post Office began in 1977 as part of
the redevelopment of Pennsylvania Avenue. In 1982, the General Services
Administration, GSA, entered into a 55-year lease with a private sector
developer to lease and operate the Old Post Office building. The
building was renovated as a multifunctional building that included
office space, retail, and a food court. Unfortunately, this
redevelopment effort was not successful because of high turnover among
the retail businesses and low satisfaction among tenants. The original
developer went into bankruptcy and the lender foreclosed on the
leasehold.
Today, the Old Post Office building is an aging historical building
that is inefficient, underutilized, and a financial drain on the
Federal Building Fund. The building's large atrium and other factors
contribute to the high costs of operating and maintaining the building.
The Committee on Transportation and Infrastructure has provided
oversight and direction to GSA previously in attempts to foster the
development of the Old Post Office, including requiring that GSA submit
a viable development plan for the Old Post Office before any Federal
funds be used to convert the space. Notwithstanding these efforts, the
desired development has not occurred.
H.R. 5001, the ``Old Post Office Building Redevelopment Act of
2008'', authorizes the Administrator of General Services to enter into
an agreement to redevelop the Old Post Office Building in a manner that
is beneficial to the Federal Government. This bill will not only help
spur the redevelopment of this building but also help ensure that the
taxpayers get the fullest return from this historic and treasured
structure.
I urge my colleagues to join me in support of H.R. 5001, the ``Old
Post Office Building Redevelopment Act of 2008.''
Mrs. DRAKE. Madam Speaker, I have no further speakers, and I yield
back the balance of my time.
Ms. NORTON. Madam Speaker, I have no further requests for time, so I
too am prepared to yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from the District of
[[Page 13355]]
Columbia (Ms. Norton) that the House suspend the rules and pass the
bill, H.R. 5001, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________
{time} 1630
RAW SEWAGE OVERFLOW COMMUNITY RIGHT-TO-KNOW ACT
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I move to suspend
the rules and pass the bill (H.R. 2452) to amend the Federal Water
Pollution Control Act to ensure that sewage treatment plants monitor
for and report discharges of raw sewage, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2452
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 ``Sewage Overflow Community
Right-to-Know Act''.
SEC. 2. DEFINITIONS.
Section 502 of the Federal Water Pollution Control Act (33
U.S.C. 1362) is amended by adding at the end the following:
``(25) Sanitary sewer overflow.--The term `sanitary sewer
overflow' means an overflow, spill, release, or diversion of
wastewater from a sanitary sewer system. Such term does not
include municipal combined sewer overflows or other
discharges from a municipal combined storm and sanitary sewer
system and does not include wastewater backups into buildings
caused by a blockage or other malfunction of a building
lateral that is privately owned. Such term includes overflows
or releases of wastewater that reach waters of the United
States, overflows or releases of wastewater in the United
States that do not reach waters of the United States, and
wastewater backups into buildings that are caused by
blockages or flow conditions in a sanitary sewer other than a
building lateral.
``(26) Treatment works.--The term `treatment works' has the
meaning given that term in section 212.''.
SEC. 3. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF
SEWER OVERFLOWS.
Section 402 of the Federal Water Pollution Control Act (33
U.S.C. 1342) is amended by adding at the end the following:
``(r) Sewer Overflow Monitoring, Reporting, and
Notifications.--
``(1) General requirements.--After the last day of the 180-
day period beginning on the date on which regulations are
issued under paragraph (4), a permit issued, renewed, or
modified under this section by the Administrator or the
State, as the case may be, for a publicly owned treatment
works shall require, at a minimum, beginning on the date of
the issuance, modification, or renewal, that the owner or
operator of the treatment works--
``(A) institute and utilize a feasible methodology,
technology, or management program for monitoring sewer
overflows to alert the owner or operator to the occurrence of
a sewer overflow in a timely manner;
``(B) in the case of a sewer overflow that has the
potential to affect human health, notify the public of the
overflow as soon as practicable but not later than 24 hours
after the time the owner or operator knows of the overflow;
``(C) in the case of a sewer overflow that may imminently
and substantially endanger human health, notify public health
authorities and other affected entities, such as public water
systems, of the overflow immediately after the owner or
operator knows of the overflow;
``(D) report each sewer overflow on its discharge
monitoring report to the Administrator or the State, as the
case may be, by describing--
``(i) the magnitude, duration, and suspected cause of the
overflow;
``(ii) the steps taken or planned to reduce, eliminate, or
prevent recurrence of the overflow; and
``(iii) the steps taken or planned to mitigate the impact
of the overflow; and
``(E) annually report to the Administrator or the State, as
the case may be, the total number of sewer overflows in a
calendar year, including--
``(i) the details of how much wastewater was released per
incident;
``(ii) the duration of each sewer overflow;
``(iii) the location of the overflow and any potentially
affected receiving waters;
``(iv) the responses taken to clean up the overflow; and
``(v) the actions taken to mitigate impacts and avoid
further sewer overflows at the site.
``(2) Exceptions.--
``(A) Notification requirements.--The notification
requirements of paragraphs (1)(B) and (1)(C) shall not apply
a sewer overflow that is a wastewater backup into a single-
family residence.
``(B) Reporting requirements.--The reporting requirements
of paragraphs (1)(D) and (1)(E) shall not apply to a sewer
overflow that is a release of wastewater that occurs in the
course of maintenance of the treatment works, is managed
consistently with the treatment works' best management
practices, and is intended to prevent sewer overflows.
``(3) Report to epa.--Each State shall provide to the
Administrator annually a summary of sewer overflows that
occurred in the State.
``(4) Rulemaking by epa.--Not later than one year after the
date of enactment of this subsection, the Administrator,
after providing notice and an opportunity for public comment,
shall issue regulations to implement this subsection,
including regulations to--
``(A) establish a set of criteria to guide the owner or
operator of a publicly owned treatment works in--
``(i) assessing whether a sewer overflow has the potential
to affect human health or may imminently and substantially
endanger human health; and
``(ii) developing communication measures that are
sufficient to give notice under paragraphs (1)(B) and (1)(C);
and
``(B) define the terms `feasible' and `timely' as such
terms apply to paragraph (1)(A), including site specific
conditions.
``(5) Approval of state notification programs.--
``(A) Requests for approval.--
``(i) In general.--After the date of issuance of
regulations under paragraph (4), a State may submit to the
Administrator evidence that the State has in place a legally
enforceable notification program that is substantially
equivalent to the requirements of paragraphs (1)(B) and
(1)(C).
``(ii) Program review and authorization.--If the evidence
submitted by a State under clause (i) shows the notification
program of the State to be substantially equivalent to the
requirements of paragraphs (1)(B) and (1)(C), the
Administrator shall authorize the State to carry out such
program instead of the requirements of paragraphs (1)(B) and
(1)(C).
``(iii) Factors for determining substantial equivalency.--
In carrying out a review of a State notification program
under clause (ii), the Administrator shall take into account
the scope of sewer overflows for which notification is
required, the length of time during which notification must
be made, the scope of persons who must be notified of sewer
overflows, the scope of enforcement activities ensuring that
notifications of sewer overflows are made, and such other
factors as the Administrator considers appropriate.
``(B) Review period.--If a State submits evidence with
respect to a notification program under subparagraph (A)(i)
on or before the last day of the 30-day period beginning on
the date of issuance of regulations under paragraph (4), the
requirements of paragraphs (1)(B) and (1)(C) shall not begin
to apply to a publicly owned treatment works located in the
State until the date on which the Administrator completes a
review of the notification program under subparagraph
(A)(ii).
``(C) Withdrawal of authorization.--If the Administrator,
after conducting a public hearing, determines that a State is
not administering and enforcing a State notification program
authorized under subparagraph (A)(ii) in accordance with the
requirements of this paragraph, the Administrator shall so
notify the State and, if appropriate corrective action is not
taken within a reasonable time, not to exceed 90 days, the
Administrator shall withdraw authorization of such program
and enforce the requirements of paragraphs (1)(B) and (1)(C)
with respect to the State.
``(6) Special rules concerning application of notification
requirements.--After the last day of the 30-day period
beginning on the date of issuance of regulations under
paragraph (4), the requirements of paragraphs (1)(B) and
(1)(C) shall--
``(A) apply to the owner or operator of a publicly owned
treatment works and be subject to enforcement under section
309, and
``(B) supersede any notification requirements contained in
a permit issued under this section for the treatment works to
the extent that the notification requirements are less
stringent than the notification requirements of paragraphs
(1)(B) and (1)(C),
until such date as a permit is issued, renewed, or modified
under this section for the treatment works in accordance with
paragraph (1).
``(7) Definitions.--In this subsection, the following
definitions apply:
``(A) Sewer overflow.--The term `sewer overflow' means a
sanitary sewer overflow or a municipal combined sewer
overflow.
``(B) Single-family residence.--The term `single-family
residence' means an individual dwelling unit, including an
apartment, condominium, house, or dormitory. Such term does
not include the common areas of a multi-dwelling
structure.''.
SEC. 4. ELIGIBILITY FOR ASSISTANCE.
(a) Purpose of State Revolving Fund.--Section 601(a) of the
Federal Water Pollution Control Act (33 U.S.C. 1381(a)) is
amended--
[[Page 13356]]
(1) by striking ``and'' the first place it appears; and
(2) by inserting after ``section 320'' the following: ``,
and (4) for the implementation of requirements to monitor for
sewer overflows under section 402''.
(b) Water Pollution Control Revolving Loan Funds.--Section
603(c) of the Federal Water Pollution Control Act (33 U.S.C.
1383(c)) is amended--
(1) by striking ``and'' the first place it appears; and
(2) by inserting after ``section 320 of this Act'' the
following: ``, and (4) for the implementation of requirements
to monitor for sewer overflows under section 402''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Texas (Ms. Eddie Bernice Johnson) and the gentlewoman from Virginia
(Mrs. Drake) each will control 20 minutes.
The Chair recognizes the gentlewoman from Texas.
General Leave
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I ask unanimous
consent that all Members may have 5 legislative days within which to
revise and extend their remarks and include extraneous materials on
H.R. 2452.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I yield myself
such time as I may consume.
Madam Speaker, H.R. 2452, the Sewage Overflow Community Right-To-Know
Act, offered by my colleague on the Committee on Transportation and
Infrastructure, Mr. Bishop, is an important commonsense proposal to
enhance the monitoring and public notification of sewage spills.
I applaud Mr. Bishop's work to raise the public's awareness of sewage
spills and for his tenacity in bringing together relevant stakeholders
on this issue to work through potential differences and produce the
fine product under consideration today. I also applaud the work of our
colleague, Mr. LoBiondo, for his efforts in supporting and advocating
for H.R. 2452.
Public notification of sewage overflows is an important topic that
has not received the attention it rightly deserves. During committee
hearings on this legislation last summer, the Subcommittee on Water
Resources and Environment received testimony on the overwhelming extent
of the problem of sewage overflows. According to the Environmental
Protection Agency's own numbers, the frequency and volume of annual
sewage overflows is staggering.
For combined sewage systems, EPA estimates that 850 billion gallons
of raw or partially treated sewage is discharged annually into local
waters. For separate sanitary sewer systems, EPA estimates that 23- to
75,000 of these sanitary sewage system overflows occur each year in the
United States, discharging a total volume of between 3 and 10 billion
gallons annually.
Worse still is the fact that these sewage overflows can be laden with
potentially harmful chemicals, pathogens, viruses, and bacteria and
often wind up in local rivers and streams, city streets, parks, or, in
unfortunate cases, directly into people's homes.
These statistics further emphasize the importance of investment in
our Nation's water-related infrastructure. For too long our communities
and citizens have been waiting for us to renew our commitment to
meeting the water-related infrastructure needs of this country. While
the House of Representatives strongly approved legislation to reinvest
and rebuild and replace our failing and outdated waste-water treatment
infrastructure and sewers, we have faced continued opposition from this
administration investing in our Nation's infrastructure.
I remain hopeful that we will be able to send legislation to the
President this year that will meet the water-related needs that we all
know exist and are necessary to ensure the economic and environmental
health of our Nation.
However, in the interim, we need to make sure that the public is
aware of sewage levels to give the individuals the opportunity to stay
out of harm's way. It makes no sense for sewage agencies to know where
and when overflows are occurring but to avoid making this information
readily available to the public. This type of practice defies common
sense. Equally troublesome are agencies that lack sufficient monitoring
technologies or programs to alert them to the presence of sewage
overflows.
The legislation under consideration here today is an essential step
in protecting the public's health and environment from the dangers of
sewage overflows. H.R. 2452, the Sewage Community Right-to-Know Act, is
a commonsense approach to enhance the monitoring and notification of
sewage overflows to protect human health and the environment. It is
also an approach that can be achieved without significant burden to
States and local governments. Monitoring and providing public
notification on sewage overflows provides the greatest opportunity to
avoid direct contact and potentially harmful pollutants as well.
Facilities' rapid responses to overflows in order to minimize the
potential harm to the environment, this legislation amends the Clean
Water Act to ensure that all publicly owned treatment works incorporate
enhanced monitoring notification and reporting requirements into the
existing permits for those systems under their operational control.
Under this Act, the Administrator of the Environmental Protection
Agency is given 1 year to issue regulations to define the parameters
for monitoring and notification to be carried out by the publicly owned
treatment works. Following completion of this rulemaking, all publicly
owned treatment works are required within a defined time period to
incorporate the monitoring and notification criteria from the
rulemaking into the existing clean water permits.
However, to help minimize potential paperwork concerns, this
legislation allows owners and operators to incorporate the enhanced
monitoring provisions in their existing permits as such permits come up
for periodic renewal modification.
To enhance the availability of public information on sewer overflows,
H.R. 2452 requires the enhanced notification requirements to take
effect 30 days after completion of the rulemaking. The legislation
under consideration today is slightly modified from the version that
was reported favorably from the Committee on Transportation and
Infrastructure on May 15 to address a few technical and transitional
concerns that were unresolved before the committee markup.
In addition, the bill under consideration today provides a mechanism
for States with active notification programs to petition EPA for the
ability to carry out the existing notification programs provided that
these programs are determined to be functionally equivalent to the
national standard for State notification programs called for in this
legislation.
I commend the ranking member of the subcommittee, Mr. Boozman, and
the ranking member of the Committee on Transportation and
Infrastructure, Mr. Mica, and my Chair, Mr. Oberstar, for working in a
bipartisan fashion to resolve all the outstanding issues related to
this important legislation.
Let me conclude by thanking the following organizations for their
efforts in reaching the compromised language that is under
consideration today: The American Rivers, the National Association of
Clean Water Agencies, the Water Environment Federation and the
California Association of Sanitation Agencies. The hard work and
willingness of each of these organizations made it possible to reach
this agreement and to bring forward this important bipartisan
legislation.
Madam Speaker, I submit the following for the Record.
[[Page 13357]]
June 23, 2008.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
Rayburn House Office Building, Washington, DC.
Hon. John Mica,
Ranking Member, Committee on Transportation and
Infrastructure, Rayburn House Office Building,
Washington, DC.
Hon. Tim Bishop,
Cannon House Office Building,
Washington, DC.
Hon. Frank LoBiondo,
Rayburn House Office Building,
Washington, DC.
Dear Chairman Oberstar, Ranking Member Mica, and
Representatives Bishop and LoBiondo: On behalf of our members
and supporters across the nation, thank you for reporting
H.R. 2452, the Sewage Overflow Community Right-to-Know Act.
Our organizations strongly support this legislation and
applaud your efforts to suspend the rules and pass the bill.
By requiring public notification, H.R. 2452 could protect
millions of Americans from exposure to untreated sewage
spills that could make them sick. This first line of defense
is critical as hundreds of billions of gallons of raw and
partially treated sewage are dumped into our streams, rivers
and lakes every year. Many American are unaware when a sewage
spill occurs in the local waterways where their families swim
and play.
The bacteria, viruses and parasites found in untreated
sewage can cause severe symptoms including gastrointestinal
problems, infection and fever, as well as heart, liver or
kidney failure, arthritis and even cancer. By requiring the
public to be notified when sewage spills threaten their
health, we can help Americans protect their families by
avoiding contaminated areas until the threat has passed.
Thank you again for your hard work on this important
legislation. We look forward to working with you to see this
bill enacted into law this Congress.
Sincerely,
Eli Weissman, Director of Government Affairs, American
Rivers; Christy Leavitt, Clean Water Advocate,
Environment America; Tiernan Sittenfeld, Legislative
Director, League of Conservation Voters; Nancy Stoner,
Director, Clean Water Project, Natural Resources
Defense Council; David Jenkins, Government Affairs
Director, Republicans for Environmental Protection;
Angela Howe, Legal Manager, Surfrider Foundation.
Paul Schwartz, National Policy Coordinator, Clean Water
Action; Shawnee Hoover, Legislative Director, Friends
of the Earth; Corry Westbrook, Legislative Director,
National Wildlife Federation; Will Callaway,
Legislative Director, Physicians for Social
Responsibility; Debbie Sease, National Campaigns
Director, Sierra Club.
____
California Association
of Sanitation Agencies,
Sacramento, CA, June 23, 2008.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Hon. John Mica,
Ranking Republican, Committee on Transportation and
Infrastructure, House of Representatives, Washington, DC.
Dear Chairman Oberstar and Ranking Member Mica: On behalf
of the California Association of Sanitation Agencies (CASA),
I write in support of H.R. 2452, which would address the
important issue of reporting and notification for sewer
overflows. This legislation represents the culmination of a
collaborative approach involving wastewater treatment
operators and the environmental community. We appreciate the
committee's willingness to address CASA's concerns.
CASA understands that the legislation has been amended to
address one of our major concerns, which relates to
longstanding California requirements for notification of
regulatory authorities and the public in the event of a sewer
spill that threatens public health or the environment.
Specifically, the amendment provides a delegation process so
that existing state notification programs designed to inform
the public of health threats emanating from sewer overflows
will not be supplanted, provided EPA determines that the
programs are substantially equivalent to the federal program.
This is vital to avoid inefficient and potentially confusing
duplication of effort. Further, this amendment will allow
POTWs to target their limited resources to fulfilling their
responsibilities as first responders when spills occur.
Second, we understand that the committee report clarifies
that satellite collection systems are not subject to the
provisions of the bill. This is important because many
regional POTWs do not manage these upstream systems, and have
no authority for spills that occur from facilities outside
their jurisdiction.
There is one provision in the amended bill that has given
rise to a new concern. This new provision is designed to
ensure that the notification provisions of the bill will be
implemented in a timely matter. However, as written, there is
no mechanism for informing permittees of their new, fully
enforceable obligations, which appears to be at odds with
basic due process rights. We hope that as Congress considers
the bill that this matter can be further reviewed and
addressed prior to final passage.
Again, we appreciate the opportunity to work with the
committee on this important legislation.
Sincerely,
Kamil Azoury,
President.
____
National Association of
Clean Water Agencies,
Washington, DC, June 23, 2008.
Hon. James L. Oberstar,
House Committee on Transportation and Infrastructure, Rayburn
House Office Building, Washington, DC.
Hon. John Mica,
House of Representatives, Rayburn House Office Building,
Washington, DC.
Hon. Tim Bishop,
House of Representatives, Cannon House Office Building,
Washington, DC.
Dear Chairman Oberstar, Ranking Member Mica and
Representative Bishop: The National Association of Clean
Water Agencies (NACWA) appreciates your ongoing leadership
on, and commitment to, clean and safe water in the United
States. As the leading advocacy organization representing the
nation's public wastewater treatment agencies, NACWA has been
working diligently with your staff and with American Rivers
to come up with a common-sense bill to establish a
consistent, national framework for monitoring and reporting
sewer overflows. The result of this effort is the Sewage
Overflow Community Right-to-Know Act (H.R. 2452) being
considered by the House today. The bill goes a long way to
address the needs and concerns of NACWA's public agency
members, and we appreciate the hard work and good faith you
have shown in helping craft this language.
NACWA, however, must share the bill and accompanying report
with its Board of Directors before indicating whether it can
offer its support for the legislation. We expect to have a
decision on that matter this week. Again, thank you for your
leadership on this issue.
Sincerely,
Ken Kirk,
NACWA Executive Director.
I reserve the balance of my time.
Mrs. DRAKE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of H.R. 2452, the Sewage Overflow
Community Right-to-Know Act.
Our Nation has nearly 23,000 miles of ocean and gulf shoreline along
the continental United States, 5,500 miles of Great Lakes shoreline and
3.6 million miles of rivers and streams. Public confidence and the
quality of our Nation's waters is important to every citizen of this
Nation, but it is also critical to industries that rely on safe and
clean water.
To improve the public's confidence in the quality of our Nation's
waters and protect public health and safety, Representatives Bishop and
LoBiondo introduced H.R. 2452, the Sewage Overflow Community Right-to-
Know Act. Sometimes, especially during wet weather, sewage systems can
leak or overflow. This can be caused by inadequate design or capacity
or by breaks in the system of pipes that are often old and in need of
repair.
H.R. 2452 requires the publicly owned treatment works develop and
implement a feasible monitoring program that is reasonably able to
detect the occurrence of an overflow or leak in their sewer systems in
a timely manner and to notify the public and health authorities
whenever a release would threaten public health and safety.
The Environmental Protection Agency is to develop regulations to help
local utilities implement these monitoring and notification
requirements starting 180 days after these regulations have been
issued. EPA or the States, as the case may be, are to incorporate these
monitoring and notification requirements into local utilities' Clean
Water Act permits on a rolling basis as their permits come up for
renewal.
This should provide for the orderly implementation of this program
and minimize the need to reopen utilities' permits. To minimize
burdening local utilities with duplicative notification requirements,
States that have substantially equivalent release notification programs
in place may seek EPA's approval to implement the State's notification
program instead of the requirements under H.R. 2452. The bill
authorizes the use of State revolving
[[Page 13358]]
loan funds to help communities pay for this monitoring and notification
program.
Under this program, EPA and local utilities must define the
appropriate amount of monitoring to reduce risk and reasonably protect
human health. However, they need to be careful not to unwisely use up
funds that are meant to address the very infrastructure problems that
are causing the release of sewage in the first place.
I congratulate Representatives Bishop and LoBiondo on sponsoring this
bill. The public has a right to know when their waters are threatened
by sewage release. So I encourage all Members to support this bill.
Mr. OBERSTAR. Madam Speaker, I rise in strong support of H.R. 2452,
the ``Sewage Overflow Community Right-to-Know Act''. Let me begin by
congratulating our Committee colleague, the gentleman from New York
(Mr. Bishop), for introducing legislation to provide common-sense
standards for public notification of both combined sewer overflows and
sanitary sewer overflows. This well-thought-out legislation will be a
welcome addition to Federal efforts in protecting public health as well
as the natural environment.
The most reliable way to prevent human illness from waterborne
diseases and pathogens is to eliminate the potential for human exposure
to the discharge of pollutants from combined sewer overflows (``CSOs'')
and sanitary sewer overflows (''SSOs''). This can occur either through
the elimination of the discharge, or, in the event that a release does
occur, to minimize the potential human contact to pollutants.
Unfortunately, Federal law does not provide uniform, national
standards for public notification of combined and sanitary sewer
overflows. Notification of sewer overflows is covered only by a
patchwork of Federal regulations, State laws, and local initiatives
aimed at limiting human exposure to discharges.
Potential human exposure to the pollutants found in sewer overflows
can occur in a variety of ways. According to the Environmental
Protection Agency (``EPA'), the most common pathways include direct
contact with sewer discharges in recreational waters and beaches,
drinking water contaminated by sewer discharges, and consuming or
handling contaminated fish or shellfish. However, humans are also at
risk of direct exposure to sewer overflows, including sewer backups
into residential buildings, city streets, and sidewalks.
In October 2007, in my own Congressional district, basements and city
streets across the city of Duluth were flooded with sewer overflows
that resulted from massive rainstorms in the Lake Superior basin. The
Western Lake Superior Sanitary Sewer District reported at least seven
major sewage overflows in its service area, with reports of numerous
additional backups into local streets and basements.
Similarly, earlier this month, heavy rains in the Midwest and
flooding along the Mississippi River system resulted in a significant
overload to the sewer systems and treatment works, and resulted in the
release of untold gallons of untreated or partially treated sewage into
the homes and street of communities along the Mississippi River system.
As families are starting to return to their homes, they are in need of
information on any health risks from coming into contact with
potentially contaminated waters.
The cost of eliminating CSOs and SSOs throughout the nation is
staggering. In its most recent Clean Water Needs Survey (2000), EPA
estimated the future capital needs to address existing CSOs at $50.6
billion. In addition, EPA estimates that it would require an additional
$88.5 billion in capital improvements to reduce the frequency of SSOs
caused by wet weather and other conditions.
Upon being elected Chairman of the Committee on Transportation and
Infrastructure, I made it a priority to renew the Federal commitment in
addressing the nation's wastewater infrastructure needs.
In March 2007, the House approved two bills reported from the
Committee on Transportation and Infrastructure--H.R. 720, the ``Water
Quality Financing Act'', and H.R. 569, the ``Water Quality Investment
Act''--to reauthorize appropriations for the construction, repair, and
rehabilitation of wastewater infrastructure, including measures to
address CSOs and SSOs.
H.R. 720 authorizes appropriations of $14 billion over four years for
the Clean Water State Revolving Fund, which is the primary source of
Federal funds for wastewater infrastructure. H.R. 569 authorizes
appropriations of $1.7 billion in Federal grants over 5 years to
address combined sewers and sanitary sewers. Both bills are pending
before the United States Senate.
However, even with significant increases in Federal, State, and local
investment, it is likely that sewer overflows will continue. In the
event that a release does occur, the most effective way to prevent
illness is to provide timely and adequate public notice to minimize
human exposure to pollutants.
H.R. 2452, the ``Sewage Overflow Community Right-to-Know Act'',
amends the Clean Water Act to provide a uniform, national standard for
monitoring, reporting, and public notification of sewer overflows. This
legislation, which was approved by the Committee on Transportation and
Infrastructure by voice vote, will strengthen the monitoring and public
notification requirements of the Clean Water Act to encourage increased
awareness and public notification of overflows in an expeditious
manner.
The bill under consideration this afternoon is a slightly modified
version of this legislation as reported by the Committee. The bill, as
amended, makes a few technical and clarifying changes to the bill, as
well as addresses a few transitional issues on the implementation of
this Act.
The framework of this amendment was developed jointly by the majority
and minority Members of the Committee, it consultation with the
National Association of Clean Water Agencies, the Water Environment
Federation, the California Association of Sanitation Agencies, and
American Rivers. I appreciate the hard work by all parties to help move
this common-sense legislation to increase public awareness of combined
sewer overflows and sanitary sewer overflows.
Again, I applaud Mr. Bishop for introducing this common-sense
legislation to ensure that our citizens are made aware of the potential
public health threats caused by sewer overflows. I urge my colleagues
to join me in supporting H.R. 2452.
Mr. BISHOP of New York. Madam Speaker, on behalf of the residents of
eastern Long Island, I would like to commend Chairman Oberstar,
Chairwoman Johnson and Congressman LoBiondo for their leadership and
unwavering dedication to clean water issues. I would also like to thank
the Transportation and Infrastructure Committee staff for their hard
work and commitment to advancing this legislation to the full House
today.
Madam Speaker, the EPA estimates that sewer overflows discharge
roughly 850 billion gallons of raw or partially treated sewage annually
into local waters. These discharges, laden with potentially harmful
chemicals and pathogens, often end up in local rivers, lakes, streams,
and the ocean.
In response, the Transportation & Infrastructure Committee has taken
appropriate measures to restore the federal commitment to our Nation's
wastewater infrastructure. In the 110th Congress, we have passed the
Water Quality Financing Act, authorizing funds for the State Revolving
Fund; and the Beach Protection Act, to carry out coastal recreation
water quality monitoring and notification programs. Today, we take our
commitment to water quality one step further by passing the Sewage
Overflow Community Right-to-know Act.
As the saying goes, an ounce of prevention is worth a pound of cure:
The best way to avoid human health and environmental concerns from
sewer overflows is to ensure that they never occur in the first place.
However, even with significant increases in investment, sewer overflows
will continue to occur. Therefore, it is imperative that we provide the
public with comprehensive and timely notification of sewer overflows.
We need to make sure that the public is aware of sewer overflows to
give communities the opportunity to protect themselves.
It makes no sense for operators of local sewer systems to know where
and when overflows are occurring, but not to promptly notify the
public. Notification of sewer overflows will help the public avoid
direct contact with potentially harmful chemicals and pathogens, and it
will facilitate rapid response to overflows in order to minimize the
potential harm to the environment.
Accordingly, the Bishop/LoBiondo Sewage Overflow Community Right-to-
know Act provides for the monitoring, reporting and public notification
of sewer overflows from Publicly Owned Treatment Works by requiring
POTWs to institute and utilize programs to alert operators to
overflows, notify the public within 24 hours of discovery of an
overflow by an operator, and notify public health officials when human
health is endangered.
The bill requires the Environmental Protection Agency establish
criteria to guide POTWs in assessing whether a sewer overflow has the
potential to affect human health and developing communication measures
to ensure the public is notified. The bill also establishes a process
for EPA to determine if a State's existing notification program is
substantially
[[Page 13359]]
equivalent to, or better than, the requirements established in this
bill, and should be allowed to continue.
This bill is a result of hard work by several organizations who
believe that Americans deserve clean, safe waters. Without their many
insights this legislation would not have been possible. Therefore, I
would like to thank American Rivers, the National Association of Clean
Water Agencies, the Water Environment Federation, and the California
Association of Sanitation Agencies for the countless hours they have
given to refine the bill's language to ensure that public health and
the environment are protected.
Madam Speaker, I encourage my colleagues to vote in favor of this
commonsense legislation, and I again thank my friend and colleague, Mr.
LoBiondo, for his leadership and support in authoring the bill.
Mr. LoBIONDO. Madam Speaker, I rise in strong support of H.R. 2452,
the Sewage Overflow Right-to-Know Act.
Last year, nearly 250,000 gallons of partially treated sewage leaked
from the Asbury Park, New Jersey, sewer treatment plant into the
Atlantic Ocean threatening beach goers for miles down the shore. It was
the result of a broken pipe that went undetected for over 6 hours.
Fortunately, no one got sick and the environment did not suffer any
long term consequences. But that is not always the case.
The EPA estimates approximately 900 billion gallons of untreated
sewage enter our waterways each year, sickening nearly 3.5 million
people annually.
That is why I was pleased to join with Representative Bishop to
introduce H.R. 2452, the Sewage Overflow Community Right-to-Know Act.
This commonsense legislation will help keep the public safe from
waterborne illness by requiring sewer operators to put in place
monitoring systems to detect overflows and to promptly notify the
public in the event of an overflow. While some States and localities
have strong notification programs in place already, the majority do
not. Establishing a minimum standard for public notification is the
right thing to do.
H.R. 2452 makes sewer operators eligible for existing grant funds and
loans to help defer the cost of implementing monitoring and
notification programs, and it provides flexibility to States that
already have these critical programs in place.
I want to thank the National Association of Clean Water Agencies and
American Rivers for working with Chairman Oberstar and Ranking Member
Mica to make improvements to this legislation. The bill before us today
represents a good compromise between all interested parties.
I want to thank Chairman Oberstar, Ranking Member Mica, Chairwoman
Johnson, and Ranking Member Boozman for their assistance and support. I
also want to thank Jon Pawlow on Mr. Mica's Staff, Ryan Seiger on Mr.
Oberstar's staff, and Mark Copeland on Mr. Bishop's staff for their
tremendous effort. I urge all members to support this common-sense
measure.
Mrs. TAUSCHER. Madam Speaker, I rise in support of H.R. 2452, the Raw
Sewage Overflow Community Right-to-Know Act. Sewer overflows present
serious threats to the environment and to human health. Our crumbling
wastewater infrastructure has resulted in an increasing number of
sewage spills, most commonly through combined sewer overflows and
sanitary sewer overflows.
As this Congress works to reauthorize the Clean Water State Revolving
Fund and improve our wastewater infrastructure, it is essential that
our constituents receive prompt notification when a spill occurs. H.R.
2452 provides a national Standard for such notification and permits the
use of Clean Water State Revolving funds for publically-owned treatment
works to monitor their infrastructure for spills.
In California, we have an existing notification process that is the
most aggressive in the Nation. I applaud Chairman Oberstar and his
staff for recognizing the existence of State notification programs and
ensuring that duplication of State and Federal standards does not
overburden local sanitation officials. In this bill, States like
California may operate their own notification program if the EPA
certifies that it is substantially equivalent to the Federal program.
I would like to include a letter from the California Association of
Sanitation Agencies that expresses full support for H.R. 2452. I
commend Mr. Bishop and Mr. Oberstar for their hard work on this
legislation, and urge my colleagues to support the Raw Sewage Overflow
Community Right-to-Know Act.
California Association of
Sanitation agencies,
Sacramento, CA, June 23, 2008.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
U.S. House of Representatives, Washington, DC.
Hon. John Mica,
Ranking Republican, Committee on Transportation and
Infrastructure, U.S. House of Representatives,
Washington, DC.
Dear Chairman Oberstar and Ranking Member Mica: On behalf
of the California Association of Sanitation Agencies (CASA),
I write in support of H.R. 2452, which would address the
important issue of reporting and notification for sewer
overflows. This legislation represents the culmination of a
collaborative approach involving wastewater treatment
operators and the environmental community. We appreciate the
committee's willingness to address CASA's concerns.
CASA understands that the legislation has been amended to
address one of our major concerns, which relates to
longstanding California requirements for notification of
regulatory authorities and the public in the event of a sewer
spill that threatens public health or the environment.
Specifically, the amendment provides a delegation process so
that existing state notification programs designed to inform-
the public of health threats emanating from sewer overflows
will not be supplanted, provided EPA determines that the
programs are substantially equivalent to the federal program.
This is vital to avoid inefficient and potentially confusing
duplication of effort. Further, this amendment will allow
POTWs to target their limited resources to fulfilling their
responsibilities as first responders when spills occur.
Second, we understand that the committee report clarifies
that satellite collection systems are not subject to the
provisions of the bill. This is important because many
regional POTWs do not manage these upstream systems, and have
no authority for spills that occur from facilities outside
their jurisdiction.
There is one provision in the amended bill that has given
rise to a new concern. This new provision is designed to
ensure that the notification provisions of the bill will be
implemented in a timely matter. However, as written, there is
no mechanism for informing permittees of their new, fully
enforceable obligations, which appears to be at odds with
basic due process rights. We hope that as Congress considers
the bill that this matter can be further reviewed and
addressed prior to final passage.
Again, we appreciate the opportunity to work with the
committee on this important legislation.
Sincerely,
Kamil Azoury,
President.
Mrs. DRAKE. Madam Speaker, I yield back the balance of my time.
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I have no further
requests for time, and I ask for support of this bill.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Texas (Ms. Eddie Bernice Johnson) that the House
suspend the rules and pass the bill, H.R. 2452, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title was amended so as to read: ``A bill to amend the Federal
Water Pollution Control Act to ensure that publicly owned treatment
works monitor for and report sewer overflows, and for other
purposes.''.
A motion to reconsider was laid on the table.
____________________
PROVIDING REIMBURSEMENT FOR EXPENSES INCURRED BY MEMBERS OF COMMITTEE
ON LEVEE SAFETY
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I move to suspend
the rules and pass the bill (H.R. 6040) to amend the Water Resources
Development Act of 2007 to clarify the authority of the Secretary of
the Army to provide reimbursement for travel expenses incurred by
members of the Committee on Levee Safety.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6040
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. COMMITTEE ON LEVEE SAFETY.
Section 9003(f) of the Water Resources Development Act of
2007 (33 U.S.C. 3302(f)) is amended by striking ``To the
extent amounts are made available in advance in
appropriations Acts,'' and inserting ``Subject to the
availability of appropriations,''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Texas (Ms. Eddie Bernice Johnson) and the gentlewoman from Virginia
(Mrs. Drake) each will control 20 minutes.
[[Page 13360]]
The Chair recognizes the gentlewoman from Texas.
General Leave
Ms. EDDIE BERNICE JOHNSON of Texas. I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and to include extraneous materials on H.R. 6040.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I yield myself
such time as I may consume.
Madam Speaker, H.R. 6040, introduced by the ranking member of the
Transportation and Infrastructure Committee, Mr. Mica, and the ranking
member of the Subcommittee on Water Resources Environment, Mr. Boozman,
makes a technical change to title IX of the Water Resources Development
Act of 2007.
Title IX of the Water Resources Development Act of 2007 establishes
the framework for the creation of the National Levee Safety Program to
enhance the safety of levees and those living in levee-protected areas.
In the 3 years since hurricanes Katrina and Rita, the Nation has
refocused its attention to the safety and reliability of flood-control
structures and how lives and livelihoods can be affected by their
failure.
It is especially evident that to our colleagues from the States of
Iowa, Missouri, and Illinois, who have been experiencing the challenges
of flooding from the Mississippi River and its tributary system over
the past few weeks. The Subcommittee on Water Resources and Environment
has held numerous hearings on the condition of the Nation's levees and
other flood-control structures.
Throughout these hearings, one consistent theme was readily apparent,
the condition of the Nation's flood control infrastructure is, at best,
unknown, and in a few notable instances, is in desperate need for
repair and upgrading. The subcommittee received testimony from noted
experts in flood control infrastructure that of the thousands of miles
of Federal, State, local, and privately owned levees, in this country
little is known about the current condition, including whether levees
were designed to meet current conditions or whether they have been
properly maintained by the non-Federal interests.
{time} 1645
Although rare, failure of flood control structures, such as levees,
does occur, and has become more frequent in recent years, and actually,
in the last recent weeks.
Levees are typically built in a certain location and to a specified
height to provide a certain level of protection. However, the level of
protection provided by a levee may change with time, due to natural or
manmade changes. Natural changes may include land subsidence,
sedimentation, vegetative growth in the floodway, or the potential
implications of climate change.
Land use changes in an area such as upstream development, and the
loss of natural upstream storage capacity, can induce hydrologic
changes, including faster runoff that will reduce the level of
protection provided by a levee.
Given the important flood damage reduction and development
opportunities provided by levees, it is important for the Nation to
understand the true nature and condition of our flood control
infrastructure, as well as to develop a comprehensive national policy
to address issues related to the construction, operation and
maintenance of projects and other management techniques for flood
damage reduction.
In that light, the Committee on Transportation and Infrastructure
included language in the Water Resources Development Act of 2007 for
the creation of a national Committee on Levee Safety.
The committee would be chaired by the Corps of Engineers and would
include experts from around the Nation, working towards a short-term
recommendation to Congress for the creation of an effective and
efficient National Levee Safety Program.
The House and Senate conferees on the Water Resources Development Act
of 2007 agreed on the importance of soliciting the recommendations of
the Nation's leading experts in levee safety to aid in the drafting of
a future National Levee Safety Program. Whatever recommendations are
made by the Committee on Levee Safety, these recommendations will be
referred back to the Congress for enactment in future legislation.
It is my understanding that the Corps has been working towards the
creation of the committee, including the identification of a broad
array of experts in levee safety. Unfortunately, the Corps believes it
has hit a roadblock due to the specific wording of the authorization
language that has prevented the Corps from utilizing available funding
to pay for the travel expenses of the committee members.
H.R. 6040 is a simple modification to the existing authorization
language to ensure that the Corps can utilize already identified
funding to pay these expenses so that the Committee on Levee Safety can
formally be assembled and begin its important work.
I applaud my colleagues on the Committee on Transportation and
Infrastructure, Ranking Member Mica, and the ranking member of the
Subcommittee on Water Resources and Environment for volunteering to
move this legislation through the House.
It is my hope that the other body can, also, quickly move this
legislation to the President's desk so that the Levee Safety Committee
can begin its important work and complete it later this summer.
I urge adoption of this legislation.
Madam Speaker, I submit the following for the Record.
American Society of
Civil Engineers,
Washington, DC, June 23, 2008.
Hon. James Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Hon. John Mica,
Ranking Member, Committee on Transportation and
Infrastructure, House of Representatives, Washington, DC.
Dear Mr. Chairman and Congressman Mica: I am writing on
behalf of the more than 140,000 members of the American
Society of Civil Engineers (ASCE) to support passage of H.R.
6040, a bill to amend the Water Resources Development Act
(WRDA) of 2007 to clarify the authority of the Secretary of
the Army to provide reimbursement for travel expenses
incurred by members of the Committee on Levee Safety.
As you recall, ASCE was a strong supporter of legislation
to enact a national levee safety program in WRDA 2007. We
believe that it is essential to clarify that the members of
the Committee on Levee Safety be eligible to receive
reimbursement for their travel incurred as a result of their
volunteering to work on the Committee. The outcome of the
Committee's study undoubtedly will have an important bearing
on future legislative efforts to improve the safety of the
nation's levee systems.
Sincerely yours,
David G. Mongan,
President.
I reserve the balance of my time.
Mrs. DRAKE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, we have seen in the gulf region and now along the
Mississippi River what can happen when hurricane and flood protection
infrastructure is inadequate or fails to perform. Yet more Americans
are moving to coastal areas where the risk of hurricanes and floods is
great.
In the south Atlantic region, the coastal population grew 51 percent
from 1980 to 2000, and this trend is expected to continue. Along the
Gulf of Mexico, the population has increased 38 percent from 1980 to
2000, and this trend is also expected to continue.
We do not know where the next hurricane or flood will hit, but we do
know that many of our major cities, including parts of Washington,
D.C., have a greater probability of flooding than did New Orleans.
For example, the City of Sacramento, California, has almost twice as
many people as New Orleans; yet it has less flood protection than any
other major city in America. Cities like Houston, St. Louis, and Miami
also are at risk. We cannot treat citizens of these cities differently
unless we have a policy reason that we can explain and justify to our
constituents.
As we have learned from recent levee failures, our infrastructure is
aging.
[[Page 13361]]
What we know about the existence and conditions of these other levees
we often learn when one fails or it is overwhelmed by a flood event.
For instance, the State of California in 2005 declared a state of
emergency in the Central Valley in anticipation of the failure of 24
levees. According to the State of California, it would cost more than
$5 billion to make critical delta levees, but not all delta levees,
stronger in the face of flood and seismic events in the Central Valley.
In the past, Congress has taken steps to ensure that the Nation's
flood damage reduction infrastructure is properly inventoried,
inspected, and assessed. In 1986, the Congress authorized the National
Dam Safety Program Act to conduct an inventory and assessments of all
dams nationwide. The National Inventory of Dams shows that 45 percent
of all Federal dams are at least 50 years old and that 80 percent of
them are at least 30 years old.
We know less about the status and capabilities of our levees. There
has never been a national inventory of levees. Little is known about
the current condition of both Federal and non-Federal levees, including
whether these levees were designed to meet current conditions or
whether they have been properly maintained by the non-Federal interest.
Over the decades, levees have been built by different entities, at
different times, and to different standards. They have been linked
together to provide a protective system, but with such a mixture of
conditions, the true level of protection may be in doubt.
Over time, development has taken place behind some of these levees so
much more may be at risk in terms of lives and economic resources.
There is so much that we do not know about the levees in America that
we cannot be sure how safe our cities and towns really are. We need
more information.
The Water Resources Development Act of 2007 included language
establishing a panel to develop recommendations for a National Levee
Safety Program. However, the Committee on Levee Safety is unable to
meet since a drafting error contained in the Water Resources
Development Act of 2007 inadvertently keeps the Army Corps of Engineers
from carrying out important work.
H.R. 6040 strikes the incorrect language and replaces it with
language stating the Committee on Levee Safety can develop its
recommendations subject to the availability of appropriations.
This technical change will allow the Corps of Engineers to convene
the Committee on Levee Safety as soon as this bill is enacted.
With the recommendations that will come from this Committee on Levee
Safety, the Congress can develop a national policy for levee safety and
a program to ensure that levees are functional and safe.
I urge all Members to support H.R. 6040.
Mr. OBERSTAR. Madam Speaker, I rise in support of H.R. 6040, a bill
to make a technical correction to a Water Resources and Development Act
of 2007 provision authorizing the Secretary of the Army, acting through
the U.S. Army Corps of Engineers, to establish a Committee on Levee
Safety.
Title IX of the Water Resources Development Act of 2007 authorizes
the Corps to establish a committee of Federal, State, local, tribal,
and private sector experts on levee safety to develop recommendations
for a national levee safety program.
As the events of the last few years have clearly demonstrated, there
is a serious concern with the condition of the Nation's primary
structural flood control measures--the Nation's system of levees. These
structures, which range from the Federally constructed and maintained
levees along the lower Mississippi River and tributaries, to Federal,
State, and local levees nationwide, protect our lives and livelihoods
from the risks of flooding. Within the jurisdiction of the Corps of
Engineers alone, there are between 12,000 to 13,000 miles of levees
protecting everything from major metropolitan cities to towns and
townships throughout the nation. Without a doubt, the health, safety,
and security of countless lives depend on the resiliency and upkeep of
these essential structures.
We have all witnessed the result of levee failure. Just 2 years ago,
the flood walls surrounding three of the canals within the city of New
Orleans failed, and the result was a major metropolitan city being
underwater for days. Many of the communities impacted by this failure
are still struggling today.
Just this past month, we watched as the rivers of the Upper
Mississippi River and its tributaries overfilled their banks and
resulted in the unfortunate loss of life, as well as thousands of
families losing their homes, their cars, and their businesses to the
raging waters of the Mississippi River.
Cognizant of the importance of the Nation's system of levees, the
Committee on Transportation and Infrastructure included a provision
within the Water Resources Development Act of 2007 to create a
Committee on Levee Safety that would be tasked with developing
recommendations for a national levee safety program.
The Secretary of the Army will establish the committee, and it will
develop short-term recommendations to Congress for the creation of an
effective and efficient National Levee Safety Program. The House and
Senate conferees on the Water Resources Development Act of 2007 agreed
on the importance of soliciting the recommendations of the Nation's
leading experts in levee safety to aid in the drafting of a future
National Levee Safety Program. The recommendations made by the
committee on Levee Safety will be reported to the Committee on
Transportation and Infrastructure.
It is my understanding that the Corps has been working toward the
creation of this committee, including the identification of a broad
array of experts in levee safety. Unfortunately, the Corps believes it
has hit a roadblock due to the specific wording of the authorization
language that has prevented the Corps from utilizing available funding
to pay for the travel expenses of the committee members.
H.R. 6040 is a simple modification to the existing authorization
language to ensure that the Corps can utilize already identified
funding to pay these expenses so that the Committee on Levee Safety can
formally be assembled and begin its important work.
I applaud my colleagues on the Committee on Transportation and
Infrastructure, Ranking Member Mica, and the Ranking Member of the
Subcommittee on Water Resources and Environment, Congressman Boozman,
for sponsoring this legislation. It is my hope that the other body can
quickly move this legislation to the President's desk, so that the
Committee on Levee Safety can begin its important work later this
summer.
I urge my colleagues to support the bill.
Mrs. DRAKE. Madam Speaker, I yield back the balance of my time.
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I have no further
requests for time, and I yield back and ask for support for this
measure.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Texas (Ms. Eddie Bernice Johnson) that the House
suspend the rules and pass the bill, H.R. 6040.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________
NEW AND EMERGING TECHNOLOGIES 911 IMPROVEMENT ACT OF 2008
Mr. GORDON of Tennessee. Madam Speaker, I ask unanimous consent to
take from the Speaker's table the bill (H.R. 3403) to promote and
enhance public safety by facilitating the rapid deployment of IP-
enabled 911 and E-911 services, encourage the Nation's transition to a
national IP-enabled emergency network, and improve 911 and E-911 access
to those with disabilities, with a Senate amendment thereto, and ask
for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will report the Senate amendment.
The Clerk read as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New and Emerging
Technologies 911 Improvement Act of 2008'' or the ``NET 911
Improvement Act of 2008''.
TITLE I--911 SERVICES AND IP-ENABLED VOICE SERVICE PROVIDERS
SEC. 101. DUTY TO PROVIDE 911 AND ENHANCED 911 SERVICE.
The Wireless Communications and Public Safety Act of 1999
is amended--
[[Page 13362]]
(1) by redesignating section 6 (47 U.S.C. 615b) as section
7;
(2) by inserting after section 5 the following new section:
``SEC. 6. DUTY TO PROVIDE 9-1-1 AND ENHANCED 9-1-1 SERVICE.
``(a) Duties.--It shall be the duty of each IP-enabled
voice service provider to provide 9-1-1 service and enhanced
9-1-1 service to its subscribers in accordance with the
requirements of the Federal Communications Commission, as in
effect on the date of enactment of the New and Emerging
Technologies 911 Improvement Act of 2008 and as such
requirements may be modified by the Commission from time to
time.
``(b) Parity for IP-Enabled Voice Service Providers.--An
IP-enabled voice service provider that seeks capabilities to
provide 9-1-1 and enhanced 9-1-1 service from an entity with
ownership or control over such capabilities, to comply with
its obligations under subsection (a), shall, for the
exclusive purpose of complying with such obligations, have a
right of access to such capabilities, including
interconnection, to provide 9-1-1 and enhanced 9-1-1 service
on the same rates, terms, and conditions that are provided to
a provider of commercial mobile service (as such term is
defined in section 332(d) of the Communications Act of 1934
(47 U.S.C. 332(d))), subject to such regulations as the
Commission prescribes under subsection (c).
``(c) Regulations.--The Commission--
``(1) within 90 days after the date of enactment of the New
and Emerging Technologies 911 Improvement Act of 2008, shall
issue regulations implementing such Act, including
regulations that--
``(A) ensure that IP-enabled voice service providers have
the ability to exercise their rights under subsection (b);
``(B) take into account any technical, network security, or
information privacy requirements that are specific to IP-
enabled voice services; and
``(C) provide, with respect to any capabilities that are
not required to be made available to a commercial mobile
service provider but that the Commission determines under
subparagraph (B) of this paragraph or paragraph (2) are
necessary for an IP-enabled voice service provider to comply
with its obligations under subsection (a), that such
capabilities shall be available at the same rates, terms, and
conditions as would apply if such capabilities were made
available to a commercial mobile service provider;
``(2) shall require IP-enabled voice service providers to
which the regulations apply to register with the Commission
and to establish a point of contact for public safety and
government officials relative to 9-1-1 and enhanced 9-1-1
service and access; and
``(3) may modify such regulations from time to time, as
necessitated by changes in the market or technology, to
ensure the ability of an IP-enabled voice service provider to
comply with its obligations under subsection (a) and to
exercise its rights under subsection (b).
``(d) Delegation of Enforcement to State Commissions.--The
Commission may delegate authority to enforce the regulations
issued under subsection (c) to State commissions or other
State or local agencies or programs with jurisdiction over
emergency communications. Nothing in this section is intended
to alter the authority of State commissions or other State or
local agencies with jurisdiction over emergency
communications, provided that the exercise of such authority
is not inconsistent with Federal law or Commission
requirements.
``(e) Implementation.--
``(1) Limitation.--Nothing in this section shall be
construed to permit the Commission to issue regulations that
require or impose a specific technology or technological
standard.
``(2) Enforcement.--The Commission shall enforce this
section as if this section was a part of the Communications
Act of 1934. For purposes of this section, any violations of
this section, or any regulations promulgated under this
section, shall be considered to be a violation of the
Communications Act of 1934 or a regulation promulgated under
that Act, respectively.
``(f) State Authority Over Fees.--
``(1) Authority.--Nothing in this Act, the Communications
Act of 1934 (47 U.S.C. 151 et seq.), the New and Emerging
Technologies 911 Improvement Act of 2008, or any Commission
regulation or order shall prevent the imposition and
collection of a fee or charge applicable to commercial mobile
services or IP-enabled voice services specifically designated
by a State, political subdivision thereof, Indian tribe, or
village or regional corporation serving a region established
pursuant to the Alaska Native Claims Settlement Act, as
amended (85 Stat. 688) for the support or implementation of
9-1-1 or enhanced 9-1-1 services, provided that the fee or
charge is obligated or expended only in support of 9-1-1 and
enhanced 9-1-1 services, or enhancements of such services, as
specified in the provision of State or local law adopting the
fee or charge. For each class of subscribers to IP-enabled
voice services, the fee or charge may not exceed the amount
of any such fee or charge applicable to the same class of
subscribers to telecommunications services.
``(2) Fee accountability report.--To ensure efficiency,
transparency, and accountability in the collection and
expenditure of a fee or charge for the support or
implementation of 9-1-1 or enhanced 9-1-1 services, the
Commission shall submit a report within 1 year after the date
of enactment of the New and Emerging Technologies 911
Improvement Act of 2008, and annually thereafter, to the
Committee on Commerce, Science and Transportation of the
Senate and the Committee on Energy and Commerce of the House
of Representatives detailing the status in each State of the
collection and distribution of such fees or charges, and
including findings on the amount of revenues obligated or
expended by each State or political subdivision thereof for
any purpose other than the purpose for which any such fees or
charges are specified.
``(g) Availability of PSAP Information.--The Commission may
compile a list of public safety answering point contact
information, contact information for providers of selective
routers, testing procedures, classes and types of services
supported by public safety answering points, and other
information concerning 9-1-1 and enhanced 9-1-1 elements, for
the purpose of assisting IP-enabled voice service providers
in complying with this section, and may make any portion of
such information available to telecommunications carriers,
wireless carriers, IP-enabled voice service providers, other
emergency service providers, or the vendors to or agents of
any such carriers or providers, if such availability would
improve public safety.
``(h) Development of standards.--The Commission shall work
cooperatively with public safety organizations, industry
participants, and the E-911 Implementation Coordination
Office to develop best practices that promote consistency,
where appropriate, including procedures for--
``(1) defining geographic coverage areas for public safety
answering points;
``(2) defining network diversity requirements for delivery
of IP-enabled 9-1-1 and enhanced 9-1-1 calls;
``(3) call-handling in the event of call overflow or
network outages;
``(4) public safety answering point certification and
testing requirements;
``(5) validation procedures for inputting and updating
location information in relevant databases; and
``(6) the format for delivering address information to
public safety answering points.
``(i) Rule of Construction.--Nothing in the New and
Emerging Technologies 911 Improvement Act of 2008 shall be
construed as altering, delaying, or otherwise limiting the
ability of the Commission to enforce the Federal actions
taken or rules adopted obligating an IP-enabled voice service
provider to provide 9-1-1 or enhanced 9-1-1 service as of the
date of enactment of the New and Emerging Technologies 911
Improvement Act of 2008.''; and
(3) in section 7 (as redesignated by paragraph (1) of this
section) by adding at the end the following new paragraph:
``(8) IP-enabled voice service.--The term `IP-enabled voice
service' has the meaning given the term `interconnected VoIP
service' by section 9.3 of the Federal Communications
Commission's regulations (47 CFR 9.3).''.
SEC. 102. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.
Section 158 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942)
is amended--
(1) in subsection (b)(1), by inserting before the period at
the end the following: ``and for migration to an IP-enabled
emergency network'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Migration Plan Required.--
``(1) National plan required.--No more than 270 days after
the date of enactment of the New and Emerging Technologies
911 Improvement Act of 2008, the Office shall develop and
report to Congress on a national plan for migrating to a
national IP-enabled emergency network capable of receiving
and responding to all citizen-activated emergency
communications and improving information sharing among all
emergency response entities.
``(2) Contents of plan.--The plan required by paragraph (1)
shall--
``(A) outline the potential benefits of such a migration;
``(B) identify barriers that must be overcome and funding
mechanisms to address those barriers;
``(C) provide specific mechanisms for ensuring the IP-
enabled emergency network is available in every community and
is coordinated on a local, regional, and statewide basis;
``(D) identify location technology for nomadic devices and
for office buildings and multi-dwelling units;
``(E) include a proposed timetable, an outline of costs,
and potential savings;
``(F) provide specific legislative language, if necessary,
for achieving the plan;
``(G) provide recommendations on any legislative changes,
including updating definitions, that are necessary to
facilitate a national IP-enabled emergency network;
``(H) assess, collect, and analyze the experiences of the
public safety answering points and related public safety
authorities who are conducting trial deployments of IP-
enabled emergency networks as of the date of enactment of the
New and Emerging Technologies 911 Improvement Act of 2008;
``(I) identify solutions for providing 9-1-1 and enhanced
9-1-1 access to those with disabilities and needed steps to
implement such solutions, including a recommended timeline;
and
``(J) analyze efforts to provide automatic location for
enhanced 9-1-1 services and provide recommendations on
regulatory or legislative changes that are necessary to
achieve automatic location for enhanced 9-1-1 services.
``(3) Consultation.--In developing the plan required by
paragraph (1), the Office shall consult with representatives
of the public safety
[[Page 13363]]
community, groups representing those with disabilities,
technology and telecommunications providers, IP-enabled voice
service providers, Telecommunications Relay Service
providers, and other emergency communications providers and
others it deems appropriate.''.
TITLE II--PARITY OF PROTECTION
SEC. 201. LIABILITY.
(a) Amendments.--Section 4 of the Wireless Communications
and Public Safety Act of 1999 (47 U.S.C. 615a) is amended--
(1) by striking ``PARITY OF PROTECTION FOR PROVISION OR USE
OF WIRELESS SERVICE.'' in the section heading and inserting
``SERVICE PROVIDER PARITY OF PROTECTION.'';
(2) in subsection (a)--
(A) by striking ``wireless carrier,'' and inserting
``wireless carrier, IP-enabled voice service provider, or
other emergency communications provider,'';
(B) by striking ``its officers'' the first place it appears
and inserting ``their officers'';
(C) by striking ``emergency calls or emergency services''
and inserting ``emergency calls, emergency services, or other
emergency communications services'';
(3) in subsection (b)--
(A) by striking ``using wireless 9-1-1 service shall'' and
inserting ``using wireless 9-1-1 service, or making 9-1-1
communications via IP-enabled voice service or other
emergency communications service, shall''; and
(B) by striking ``that is not wireless'' and inserting
``that is not via wireless 9-1-1 service, IP-enabled voice
service, or other emergency communications service''; and
(4) in subsection (c)--
(A) by striking ``wireless 9-1-1 communications, a PSAP''
and inserting ``9-1-1 communications via wireless 9-1-1
service, IP-enabled voice service, or other emergency
communications service, a PSAP''; and
(B) by striking ``that are not wireless'' and inserting
``that are not via wireless 9-1-1 service, IP-enabled voice
service, or other emergency communications service''.
(b) Definition.--Section 7 of the Wireless Communications
and Public Safety Act of 1999 (as redesignated by section
101(1) of this Act) is further amended by adding at the end
the following new paragraphs:
``(8) Other emergency communications service.--The term
`other emergency communications service' means the provision
of emergency information to a public safety answering point
via wire or radio communications, and may include 9-1-1 and
enhanced 9-1-1 service.
``(9) Other emergency communications service provider.--The
term `other emergency communications service provider'
means--
``(A) an entity other than a local exchange carrier,
wireless carrier, or an IP-enabled voice service provider
that is required by the Federal Communications Commission
consistent with the Commission's authority under the
Communications Act of 1934 to provide other emergency
communications services; or
``(B) in the absence of a Commission requirement as
described in subparagraph (A), an entity that voluntarily
elects to provide other emergency communications services and
is specifically authorized by the appropriate local or State
9-1-1 service governing authority to provide other emergency
communications services.
``(10) Enhanced 9-1-1 service.--The term `enhanced 9-1-1
service' means the delivery of 9-1-1 calls with automatic
number identification and automatic location identification,
or successor or equivalent information features over the
wireline E911 network (as defined in section 9.3 of the
Federal Communications Commission's regulations (47 C.F.R.
9.3) as of the date of enactment of the New and Emerging
Technologies 911 Improvement Act of 2008) and equivalent or
successor networks and technologies. The term also includes
any enhanced 9-1-1 service so designated by the Commission in
its Report and Order in WC Docket Nos. 04-36 and 05-196, or
any successor proceeding.''.
TITLE III--AUTHORITY TO PROVIDE CUSTOMER INFORMATION FOR 911 PURPOSES
SEC. 301. AUTHORITY TO PROVIDE CUSTOMER INFORMATION.
Section 222 of the Communications Act of 1934 (47 U.S.C.
222) is amended--
(1) by inserting ``or the user of an IP-enabled voice
service (as such term is defined in section 7 of the Wireless
Communications and Public Safety Act of 1999 (47 U.S.C.
615b))'' after ``section 332(d))'' each place it appears in
subsections (d)(4) and (f)(1);
(2) by striking ``Wireless'' in the heading of subsection
(f); and
(3) in subsection (g), by inserting ``or a provider of IP-
enabled voice service (as such term is defined in section 7
of the Wireless Communications and Public Safety Act of 1999
(47 U.S.C. 615b))'' after ``telephone exchange service''.
Mr. GORDON of Tennessee (during the reading). Madam Speaker, I ask
unanimous consent to dispense with the reading.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
The SPEAKER pro tempore. Is there objection to the original request
of the gentleman from Tennessee?
There was no objection.
General Leave
Mr. GORDON of Tennessee. Madam Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks and to insert extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Motion Offered by Mr. Gordon of Tennessee
Mr. GORDON of Tennessee. Madam Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:
Mr. Gordon of Tennessee moves that the House concur in the
Senate amendment to H.R. 3403.
Mr. DINGELL. Madam Speaker, I rise in support of H.R. 3403, the ``New
and Emerging Technologies 911 Improvement Act of 2008''.
This legislation ensures that consumers using Voice over Internet
Protocol technology, or VoIP, can make full use of the 911 system in
two important ways. First, the legislation extends the same liability
protections afforded to wireline and wireless carriers, public safety,
and end users to VoIP service. This parity in liability protections
will encourage service providers, public safety, and end users to
continue to rely on the 911 emergency communications system, regardless
of the technology used to make a 911 call. Second, the legislation
ensures that VolP providers can interconnect with legacy telephone
networks so they can deliver calls and information to 911 call centers.
Representative Gordon, the author of H.R. 3403, Representative
Markey, Chairman of the Subcommittee on Telecommunications and the
Internet, Representative Barton, Ranking Member of the Committee,
Representatives Upton and Stearns, the former and current Ranking
Members of the Subcommittee, and I worked very closely with all
stakeholders on this legislation, and it has widespread support among
the public safety community, industry, and others.
As is clear from the language of the legislation, the requirement for
interconnection is for purposes of 911 only and should not be used to
bootstrap access for other reasons. Similarly, the legislation makes
clear that those who control the legacy gateways to the emergency
communications system must provide access, including rights of
interconnection, to those seeking to deliver 911 calls and information.
Because all stakeholders agreed to the legislative language, we fully
expect that this access will not be inhibited by either delay or
litigation.
H.R. 3403 also requires the development of a national plan to ensure
that the 911 system continues to evolve. It is significant that the
plan will include the participation of first responders, including the
emergency communications professionals maintaining and using the
system. It is also important that the plan will address the needs of
the disabilities community when they use emergency communications. I
look forward to reviewing the results of this work so we can begin to
move to the next generation of emergency communications.
I am disappointed that the Senate stripped out one provision of the
House-passed version of this legislation that protected proprietary
customer information. This provision prohibited a carrier from using
the customer information that other carriers are required to provide
for 911 databases for any purpose other than emergency communications.
I heard no rational argument against the policy underlying this
provision. Nevertheless, in the interest of ensuring that this
legislation be enacted swiftly, I will support the bill as passed by
the Senate. I intend, however, to take this matter up again in the
future. We owe it to consumers to ensure that their emergency
communications system does not become a playground for competitive
shenanigans.
H.R. 3403 is a forward-looking bill that ensures that consumers using
VolP service are able to access 911 as easily as consumers using
wireline or wireless services. Each of its elements--giving VoIP
providers access to the components they need to provide 911 service;
extending to VoIP providers, public safety officials, and end users the
liability protections currently afforded to wireline and wireless
services; and requiring a plan for the continued evolution of the
emergency communications system--is a worthy victory for all consumers.
I commend Representative Gordon for his years of dedication to this
important issue and hail this success, from which all Americans will
reap benefits for years to come.
Mr. GORDON of Tennessee. Madam Speaker, I rise today to offer
unanimous consent to consider the Senate amendment to
[[Page 13364]]
H.R. 3403, the New and Emerging Technologies 911 Improvement Act of
2008.
When Americans dial 911, they expect the call will go through,
regardless of what phone they use. That is why Congress acted in 1999
and 2004 to ensure all Americans had access to 911 services on their
wireless phones.
Congress now needs to act to ensure that all Americans have access to
lifesaving 911 services on their Voice over the Internet Protocol or
VoIP phones and other new technologies.
When I first drafted this legislation in 2005, the intent was to
integrate VoIP phones into the Nation's 911 system. Since then the bill
has been expanded to include nonvoice technologies used by the deaf and
hard of hearing community and other innovative technologies that will
exponentially improve public safety for all Americans.
Specifically, the bill will provide VoIP phone service providers
direct access to the 911 system at the same rates, terms and
conditions, as wireless phone providers. The bill also authorizes VoIP
service providers to share customer location information with public
safety answering points, PSAPs. This will ensure VoIP services
providers can provide full E-911 services to their customers.
The bill extends existing State laws protecting 911 calls made using
wireline and wireless phones to not only VoIP 911 calls, but also to
any service obligated by the FCC to provide 911 in future, and any
service that coordinates with local 911 authorities to offer voluntary
911 emergency services. This will include Video Relay Services and text
service used by the deaf and hard of hearing, and new car based 911
services.
By doing this, we will encourage the rapid deployment of innovative
new lifesaving 911 technologies, rather than wait for Congress to
extend essential liability protections to new technologies.
The bill preserves State, Tribal and local governments' authority to
levy 911 fees and stops such fees from being diverted for non 911
purposes.
Finally, the legislation seeks to modernize the Nation's 911 system
by requiring the National 911 Coordination Office to establish a
national plan to move to an IP-based emergency response network, and
allowing 911 PSAP grants to be used for IP-based equipment.
Today's 911 system uses 30-year-old wire and switch technology.
Moving to an IP-based system will enable PSAPs for the first time to be
interoperable with each other and other first responders. It will also
allow them to handle a range of technologies--digital or analog,
wireless phone, video, text messaging, data, satellite, VoIP,
translation services and even maps of buildings. And it will allow
PSAPs to stay operating even if the phone system goes down or their
physical locations are destroyed. Events like 9/11 and Hurricane
Katrina where 911 systems were overwhelmed highlight why a robust IP
based 911 system must be a priority.
H.R. 3403 is supported by the National Emergency Numbering
Association, the VON Coalition, the National Cable & Telecommunications
Association, Earthlink, Inc, the Coalition of Organizations for
Accessible Technology, Motorola, Intrado, the TeleCommunications
Systems, Inc., and the U.S. Telecommunications Association.
I want to thank the Energy and Commerce Committee and its staff for
the bipartisan effort to move this bill quickly.
I also want to thank Senator Ted Stevens, Senator Bill Nelson, the
Senate sponsor of the bill, and the co-chairs of E-911 Congressional
Caucus Representative Anna Eshoo, Representative John Shimkus, Senator
Hillary Clinton.
Working collaboratively with public safety, the deaf and disabled
community and the communications industry, we have produced a bill that
will greatly improve 911 services in America today and for the future.
I'll close by encouraging my colleagues to vote for this bill.
The motion was agreed to.
A motion to reconsider was laid on the table.
____________________
RECOGNIZING HIGH SCHOOL VALEDICTORIANS OF GRADUATING CLASS OF 2008
Mr. SARBANES. Madam Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 1229) recognizing the achievements of America's
high school valedictorians of the graduating class of 2008, promoting
the importance of encouraging intellectual growth, and rewarding
academic excellence of all American high school students, as amended.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1229
Whereas valedictorians are conferred as the highest
academically-ranked student in their high school's graduating
class;
Whereas our Nation's secondary schools honor their highest
academically ranked students with the ``valedictorian''
title;
Whereas valedictorians have demonstrated consistency in
their intellectual inquiry, academic discipline, and
utilization of teacher mentoring throughout their high school
careers;
Whereas valedictorians serve as peer role models to fellow
high school students by succeeding academically and
contributing to community improvement;
Whereas valedictorians are charged with the duty of giving
a graduation speech that reflects upon the intellectual
development and community involvement of the graduating class
and inspires all graduating students to further their
academic studies and social engagement;
Whereas numerous valedictorians and graduating seniors will
further their intellectual interests and academic studies by
enrolling in universities and postsecondary educational
institutions;
Whereas family members, teachers, school administrators,
and community members have nurtured the intellectual growth
and rewarded the academic achievements of valedictorians and
graduating seniors; and
Whereas valedictorians and graduating seniors will become
America's future civic, business, and political leaders,
maintaining our Nation's global leadership position and
strengthening its economic competitiveness: Now, therefore,
be it
Resolved, That the House of Representatives--
(1) honors and recognizes the valedictorians and graduating
seniors of the class of 2008 for their academic achievements
and contributions to their communities;
(2) encourages all valedictorians and graduating seniors to
further their intellectual inquiry and academic studies in
universities and postsecondary educational institutions; and
(3) supports the continued social engagement of
valedictorians and graduating seniors, which utilizes their
knowledge and skills for the betterment of their communities
and the social, cultural, and economic advancement of the
Nation.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Sarbanes) and the gentlewoman from North Carolina (Ms.
Foxx) each will control 20 minutes.
The Chair recognizes the gentleman from Maryland.
General Leave
Mr. SARBANES. Madam Speaker, I request 5 legislative days during
which Members may revise and extend and insert extraneous material on
H. Res. 1229 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. SARBANES. Madam Speaker, I yield myself as much time as I may
consume.
Madam Speaker, I rise today in support of H. Res. 1229, which
recognizes the achievements of America's high school valedictorians of
the graduating class of 2008. I am pleased to honor these outstanding
individuals, as well as encourage the pursuit of high academic honors.
Today, as we recognize our valedictorians, we reaffirm our commitment
to education and encourage our youth to discover the many learning
opportunities they will encounter throughout their lives. I hope that
by saluting these valedictorians we help make high achievement
infectious and help every student appreciate the countless
opportunities that await them beyond high school.
Valedictorians are not only the highest academically ranked students
in their class; they are also peer role models who represent the ideals
of their families and communities. They inspire fellow classmates to
become involved in improving the community and motivate their peers to
achieve academically.
Long after high school, the title of valedictorian is still upheld as
a significant accomplishment. By recognizing the accomplishments of
this year's high school valedictorians, I hope to support and promote
inquiry and learning across our Nation. I know that this year's
valedictorians, and all graduating seniors at our Nation's high
schools, are our future leaders. We owe it to these students to give
them the best education we can and celebrate
[[Page 13365]]
high school graduation as an important step toward achieving their
goals.
Madam Speaker, I congratulate this year's valedictorians and everyone
in the graduating class of 2008. I urge my colleagues to support this
resolution.
I reserve the balance of my time.
Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
I rise today in support of House Resolution 1229, recognizing the
achievements of America's high school valedictorians of the graduating
class of 2008, promoting the importance of encouraging intellectual
growth, and rewarding academic excellence of all American high school
students.
Valedictorians are the highest academically ranked students in their
high school's graduating class. These students have demonstrated
consistency in their intellectual inquiry, academic discipline, and
utilization of teacher mentoring throughout their high school careers.
{time} 1700
They serve as peer role models to fellow high school students by
succeeding academically and contributing to a culture of excellence in
their schools.
Valedictorians are charged with the duty of giving a graduation
speech that reflects upon the intellectual development and community
involvement of the graduating class and inspires all graduating
students to further their academic studies and social engagement. These
students enjoy the support of family members, teachers, school
administrators and community members who have nurtured their
intellectual growth and rewarded their academic achievements. This
class of seniors will become America's future civic, business and
political leaders, maintaining our Nation's global leadership position
and strengthening its economic competitiveness.
Today I want to especially honor and recognize the valedictorians and
graduating seniors of the class of 2008. They have all worked very hard
to accomplish the goals they reached on high school graduation day. I
know this is not the first outstanding accomplishment for many of these
young people, and I am equally certain it will not be the last.
I encourage all valedictorians and all graduating seniors to further
their intellectual inquiry and academic studies in universities and
post-secondary educational institutions across the Nation.
To all graduating seniors, I want to say congratulations on your many
accomplishments, and enjoy your summer.
I ask my colleagues to support this resolution.
Madam Speaker, I reserve the balance of my time.
Mr. SARBANES. Madam Speaker, I reserve the balance of my time.
Ms. FOXX. Madam Speaker, as we reflect on the valedictorians of the
class of 2008, I think it's important that we think about what the
Democrats are doing now in the House of Representatives that are going
to affect their future. I think that we have to reflect on the fact
that the Democrat majority's ``just say no'' energy policy certainly
darkens America's energy future:
No production of American energy resources, which increases reliance
on unstable foreign sources such as Venezuela, Iran and Saudi Arabia.
No new oil refineries built, which increases gas prices and reliance
on imported fuel.
No new transmission lines, which hinders renewable electricity
getting to consumers and reduces reliability.
No new coal power plants, which increases electricity prices and
stifles the economy.
No new advanced zero-emission nuclear plants, which blocks one of the
cleanest, most reliable energy sources available.
No new zero-emission hydroelectric plants, which blocks reliable
clean energy.
No liquefied natural gas terminals, which increases prices and ships
jobs overseas.
Democrats' prohibition on producing American energy resources have
made the U.S. more reliant on imported oil and natural gas.
Democrats' roadblocks on the utilization of energy from our North
American neighbors have made the U.S. more reliant on the Organization
of Petroleum Exporting Countries, OPEC.
Democrats' unfavorable tax rules have sent energy investment and
production abroad.
Democrats' unnecessary red tape and bureaucracy have made it nearly
impossible to move forward on new clean power generation.
Democrats' 1970s-era energy policies have cancelled dozens of power
plants, reducing electricity supplies and increasing electricity costs
to consumers.
Democrats' refusal to provide incentives for individuals and
businesses has made it difficult to invest in efficient technologies.
But Republicans have solutions that will fix this problem. We then
can look at meeting our energy needs with American-made energy in the
future.
The comprehensive House Republican plan will fund research and
development of technologies and innovations which advance the use of
renewable and domestically available energy sources, increase energy
efficiency, and ease the environmental impacts of energy use.
We will increase the production of American-made energy in an
environmentally safe way.
We support actions that reduce America's dependence on energy from
unstable foreign governments and dictatorships by increasing domestic
production of oil and natural gas in an environmentally safe way.
And we promote unconventional fuels such as coal-to-liquid technology
by recovering our vast oil shale reserves and increasing access for
environmentally responsible development of conventional and
unconventional domestic oil and natural gas production.
We want to provide coal-to-liquids financing and tax incentives. We
want to advance the commercialization of the Nation's 2 trillion barrel
shale oil resource, 80 percent of which occurs on government-owned land
in the West. This is enough to supply all of America's needs for over
two centuries.
We are promoting new, clean and reliable power generation. We
encourage more production of environmentally safe energy to increase
the use of our vast domestic supply, reduce emissions, and keep coal-
dependent communities strong.
We want to expand emissions-free nuclear power, including long-term
nuclear waste storage solutions and recycling spent fuel by providing
production and investment tax credits for all new base-load electricity
products such as advanced nuclear power and clean coal, and allowing
immediate expensing for new renewable or zero-emission power.
We want to cut red tape and increase the supply of American-made fuel
and energy by expediting permitting for enhanced oil recovery projects,
including CO2 delivery and injection, as well as permitting
for new refining capacity.
We want to improve environmental review and permitting to encourage
the deployment of technologies which increase the efficiency of
existing power plants.
And we want to end ill-advised policies that have led to the
proliferation of unique gasoline and diesel fuel formations known as
``boutique fuels'' which have fragmented our motor fuels distribution
system, choked off supply, and exacerbated the already painful Pelosi
Premium.
We are encouraging greater energy efficiency by offering conservation
tax incentives. We support technologies to help increase energy
efficiency in all sectors of the American economy, including removing
bureaucratic regulatory barriers that prevent businesses from upgrading
their facilities with newer, more efficient energy technologies.
We want to make home energy efficiency upgrades tax deductible,
provide incentives for homebuilders and homeowners to make their homes
more energy efficient, offer investment expensing for industrial and
commercial building efficiency upgrades, extend the residential and
business solar and fuel cell investment tax credits, with enhancements
to the residential solar credit ($2,000 per \1/2\ kilowatt installed),
[[Page 13366]]
extend the fiber-optic distributed sunlight investment tax credit, and
increase energy efficiency of government-owned facilities.
With that, Madam Speaker, I yield back the balance of my time.
Mr. SARBANES. Madam Speaker, for too long our Nation has been captive
of the interests that are preserving dependence on fossil fuels.
What's so exciting about what is happening with the younger
generation, among them these valedictorians that we're saluting today,
is they're really getting out on the cutting edge in terms of thinking
about the green revolution, about new energy technologies. And they're
the ones, I think, that are going to join with enlightened policy
makers across the country to make sure that we liberate ourselves from
that dependence on fossil fuels and we move forward and explore
alternatives to that, which is really going to be the solution to our
energy crisis over time.
So again, for all they're doing and for stepping up as they do every
day and demonstrating incredible accomplishments, I want to salute the
valedictorians of the class of 2008 and encourage my colleagues to
support H. Res. 1229.
Mr. GRIJALVA. Madam Speaker, today, we rightly honor the hard work
and achievements of this year's valedictorians, salutatorians and
graduates all across the Nation. I wish to recognize their dedication
and the contributions to their community. By completing a high school
diploma, the future for these students has become considerably
brighter.
I also wish to take a moment to reflect on largo group of
valedictorians, salutatorians and graduates who, despite high school
success and graduation, will be shut out of many of the opportunities
for a prosperous future that we promise to our children for their hard
work.
I am referring to the many valedictorians, salutatorians and
graduates who have worked hard in the communities they have known their
whole lives, played by the rules, excelled in school and, because of
their undocumented status, will be systematically cut off from the
opportunities that are afforded to successful students like them.
Through no fault of their own, these bright, intelligent, model
students will be caught in limbo--denied an opportunity to pursue
success and, in so doing, to serve our country.
These students are confronted with a lesson that high schools do not
teach--that because of a status that was not of their choosing, their
achievements are worth less than the achievements of their friends and
classmates. This is a cruel lesson indeed; the lesson that they have
grown up in a social caste; that despite America's promise of
prosperity for hard work, that no matter what their educational
success--they will be branded ``untouchables''.
Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in support of
H. Res. 1229, recognizing the achievements of America's high school
valedictorians of the graduating class of 2008, promoting the
importance of encouraging intellectual growth, and rewarding academic
excellence of all American high school students, introduced by my
distinguished colleague from New York, Representative Gregory Meeks, of
which I am a proud cosponsor. This bill is an important step in
continuing and promoting the excellent secondary education that our
nation provides.
This legislation recognizes the fine accomplishments of the
graduating class of 2008 and commends them for their intellectual
pursuits as well as their academic achievements. This bill,
furthermore, recognizes the family members, teachers, school
administrators, and community members that have nurtured the
intellectual growth and rewarded the academic achievements of this
year's valedictorians and graduating seniors.
This year, valedictorians across America have succeeded in tremendous
academic endeavors. Whether by inspiring their fellow classmates to
study a little longer for a test, or by tutoring them to write an
essay, valedictorians have acted as noteworthy role models to their
peers. Furthermore, through their hard work and dedications, they have
enriched their academic communities.
It is further important that we recognize that valedictorians often
engage in extracurricular activities, enriching their local communities
and the nation by furthering economic, cultural, and social
accomplishments. By volunteering their time in soup kitchens, acting as
captain of the soccer team or chess club, or simply taking an after-
school job, valedictorians learn more than math and English, they learn
to contribute significantly to our society.
As Chair of the Congressional Children's Caucus, I recognize the
importance of today's youth. Valedictorians as well as graduating
seniors of 2008 will become the future businessmen, leaders, teachers,
and scientists that lead this nation. They will use their extraordinary
talents to make the world a better place. As thus, it is important for
them to continue to cultivate their strengths by attending one of the
many universities that this great nation has to offer. I support this
legislation that encourages valedictorians and the graduating class of
2008 as a whole, to further their intellectual inquiry and academic
studies beyond their secondary education.
With over 15,000 of our nation's schools recognizing this year's
valedictorians as the highest academically-ranked students in their
graduating class, the members of Congress, as representatives of our
nation, must recognize these talented individuals for their hard work.
By doing so, we demonstrate the importance of education and show our
support for the continued hard work of students across the country.
Without this official recognition, talented youth may not feel support
which can push them to achieve high goals, such as past valedictorians
and the valedictorians of the 2008 graduating class have achieved. I
feel strongly that this bill is a step toward providing support for
students.
This legislation is imperative to recognizing the achievement of the
graduating class of 2008, supporting social engagements by graduating
seniors to better our communities, and promoting continued intellectual
pursuits by these men and women at colleges and universities. As the
Chair of the Congressional Children's Caucus, a Representative of the
people of the United States, and a mother of two, I am proud to
cosponsor this legislation and I urge my colleagues to join me in
supporting this legislation.
Mr. MEEKS of New York. Madam Speaker, I rise today to recognize and
honor the achievements of America's high school valedictorians and the
graduating class of 2008. With House Resolution 1229, I know that I
capture the sentiment of all Members of the 110th Congress in promoting
the importance of intellectual growth and the academic excellence of
America's graduating high school students. In my southeast Queens
community, New York's Sixth Congressional District, I personally know
that great achievements have taking place in the high schools servicing
my young constituents. My district's graduating seniors have achieved a
major milestone in their educational and social development. With this
accomplishment, I now encourage these young adults to take their next
major step towards becoming our Nation's future leaders and engaged
citizens by entering higher education institutions or by beginning
their young careers.
For this graduation celebration, I want to specifically recognize the
stellar accomplishments of our Nation's high school Valedictorians.
Each year, every high school recognizes an individual student who has
risen above his or her fellow students through their consistency of
intellectual inquiry, in their demonstration of academic discipline,
and their utilization of teacher mentoring. Through their dedication
and hard work, these students have attained the position of top
academically ranked student within their graduating class and are
honored as the ``Valedictorian'' at their graduation ceremony.
Throughout their high school careers, Valedictorians have served as
peer role models to fellow high school students by succeeding
academically and contributing to community improvement. It is their
example that shines clearly to their fellow students and community
members, demonstrating the dedication and drive that it takes to become
America's future civic, business, and political leaders, and
maintaining our Nation's global leadership position through
strengthening its economic competitiveness.
During this graduation season, let us not forget that no child
achieves alone, but rather it takes an entire community to rear a
socially and educationally mature child. Along with our Nation's
valedictorians and graduating class, I want to recognize and honor the
love, support, and contributions of the parents, community members,
teachers, and school administrators, who have provided these students
with the resources and guidance needed to achieve. It has been the
selfless contributions of these individuals who have nurtured the
intellectual growth and rewarded the academic achievements of our
Nation's valedictorians and graduating seniors.
In closing, I make the call to all graduating seniors to further
their intellectual interests and academic studies by enrolling in
universities and postsecondary educational institutions and to continue
their social engagement, utilizing their knowledge and skills for the
betterment of their communities and the social, cultural, and economic
advancement of our great Nation.
[[Page 13367]]
Mr. SARBANES. 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 Maryland (Mr. Sarbanes) that the House suspend the rules
and agree to the resolution, H. Res. 1229, 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.
____________________
HONORING THE LIFE OF LOUIS JORDAN ON THE 100TH ANNIVERSARY OF HIS BIRTH
Mr. SARBANES. Madam Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 1242) honoring the life, musical
accomplishments, and contributions of Louis Jordan on the 100th
anniversary of his birth.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1242
Whereas Louis Thomas Jordan was born July 8, 1908, in
Brinkley, Arkansas;
Whereas he studied music as a young child under his father
James Aaron Jordan, who was the bandleader of the Brinkley
Brass Band;
Whereas in the late 1920s he attended Arkansas Baptist
College in Little Rock, Arkansas, and majored in music;
Whereas he joined Chick Webb's Savoy Ballroom band in 1936
in New York where he played saxophone and performed
occasionally as a singer;
Whereas in 1938 he started his own band, the Elks Rendez-
Vous Band, and in 1939 he changed the name of the group to
the Tympany Five;
Whereas his prolific musical career consists of 54 hit
singles including, ``Five Guys Named Moe'', ``Let the Good
Times Roll'', ``Don't Let the Sun Catch You Cryin' '', and
``Barnyard Boogie'', and 18 number 1 hits on Billboard's R&B
chart including ``Beans and Cornbread'', ``Run Joe'', ``Ain't
That Just Like A Woman'', ``Blue Light Boogie'', and the 1946
hit ``Choo Choo Ch'Boogie'', which topped the Billboard's R&B
chart for 18 weeks;
Whereas 15 of his hits made it onto the Pop charts,
including ``Baby It's Cold Outside'', ``Caldonia'', ``Is You
Is or Is You Ain't My Baby'', ``Ain't Nobody Here But Us
Chickens'', ``Buzz Me'', and ``Beware'';
Whereas he actively recorded for the Armed Forces Radio
Service and the V-Disc program during World War II, and one
of the his songs recorded during this period, ``G.I. Jive'',
was number 1 on the Pop chart for 2 weeks;
Whereas he was featured in a variety of short musical films
in the 1940s, such as the 1945 short film ``Caldonia'', and
played cameo roles in movies like ``Follow the Boys'' and
``Swing Parade of 1946'';
Whereas his 1949 recording of ``Saturday Night Fish Fry''
was one of the earliest musical examples of what would later
become known as ``Rock and Roll'';
Whereas he died on February 4, 1975, in Los Angeles,
California;
Whereas a host of prominent musicians including Chuck
Berry, Bo Didley, B.B. King, Ray Charles, James Brown, and
Sonny Rollins have counted him as an influence;
Whereas he was inducted into the Rock and Roll Hall of Fame
in Cleveland, Ohio, in 1987;
Whereas in 2004, Rolling Stone Magazine named him one of
the 100 Greatest Artists of All Time; and
Whereas Louis Jordan will be highlighted on a United States
Postal Service stamp, as part of the 2008 commemorative stamp
program: Now, therefore, be it
Resolved, That the United States House of Representatives--
(1) honors the life of Louis Jordan, on the 100th
anniversary of his birth; and
(2) recognizes his important contributions to American
music as a musician, composer, and entertainer.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Sarbanes) and the gentlewoman from North Carolina (Ms.
Foxx) each will control 20 minutes.
The Chair recognizes the gentleman from Maryland.
General Leave
Mr. SARBANES. Madam Speaker, I request 5 legislative days during
which Members may revise and extend and insert extraneous material on
H. Res. 1242 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. SARBANES. I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H. Res. 1242, which honors
the life and recognizes the importance of Louis Jordan and his
contributions to America as a musician, composer and entertainer.
July 8, 2008 will be Louis Jordan's 100th birthday, the celebration
of his 100th birthday. And in celebration of this day, we should
recognize Jordan's contributions to this country.
Louis Jordan, born in 1908, is a Brinkley, Arkansas native. Under the
musical tutelage of his father, who was a local band leader, music
found Jordan at an early age. He expanded and mastered formal
components of music through his collegial experience at Arkansas
Baptist College in Little Rock. Jordan majored there in music. He
learned to play the saxophone, sing, and entertain audiences through
his personal experiences and watching his father.
Highly touted musicians, such as B.B. King, Ray Charles, James Brown,
Chuck Berry, Bo Diddley and Sonny Rollins, all pointed to Jordan as an
influence on their own careers. His prolific musical success consists
of 54 hit singles and 18 number one songs on Billboard's R&B charts.
Two short musical films were centered around his songs.
Inducted into the Rock and Roll Hall of Fame in 1987, Jordan's
contribution to his art is immeasurable. Rolling Stone Magazine named
him one of the 100 greatest artists of all time.
Though Jordan passed away in 1975, his legacy flourishes through the
work of other artists. He helped shape rock and roll. On this day, I
would like to commemorate Jordan's work. Let us recognize his
contribution by honoring his 100th birthday.
I urge support of this resolution.
Madam Speaker, I reserve the balance of my time
Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of House Resolution 1242,
honoring the life, musical accomplishments and contributions of Louis
Jordan on the 100th anniversary of his birth.
Louis Thomas Jordan, vocalist, bandleader and saxophonist, ruled the
charts, stage, screen and airwaves of the 1940s and profoundly
influenced the creators of R&B, rock and roll, and post-World War II
blues.
Jordan was born July 8, 1908 in Brinkley, Arkansas. His father, James
Aaron Jordan, led the Brinkley Brass Band. His mother died when he was
young.
Jordan studied music under his father and showed promise in horn
playing, especially clarinet and saxophone. Due to World War I, there
were vacancies in his father's band, so Jordan filled in. Soon he was
good enough to join his father in a professional traveling show touring
Arkansas, Tennessee and Missouri instead of doing farm work when school
closed.
Jordan briefly attended Little Rock's Arkansas Baptist College in the
1920s and performed with Jimmy Pryor's Imperial Serenaders. He played
saxophone and clarinet with them, as well as Bob Alexander's Harmony
Kings.
In the 1930s, based in Philadelphia, Jordan found work in the Charlie
Gaines Band playing clarinet, and soprano and alto sax, in addition to
doing vocals, which he recorded and toured with Louis Armstrong. During
this time, Jordan also learned baritone sax, and he joined nationally
popular drummer Chuck Webb's Savoy Ballroom Band featuring Ella
Fitzgerald.
Jordan created his own band, which was called Tympany Five,
regardless of number of pieces. The small size of Tympany Five made it
innovative structurally and musically in the Big Band era.
Among the first to join electric guitar and bass with horns, Jordan
set the framework for decades of future R&B and rock combos. Endless
rehearsals, matching suits, dance moves, and routines built around
songs made the band Jordan's singular brand of sophisticated, yet down-
home, jump blues and vocals made it a success.
In the 1940s, Jordan released dozens of hit songs, including the
swinging ``Saturday Night Fish Fry,'' one of the earlier and most
powerful contenders
[[Page 13368]]
for the title of ``First Rock and Roll Record,'' ``Blue Light Boogie,''
the comic classic ``Ain't Nobody Here But Us Chickens,'' ``Buzz Me,''
``Ain't That Just Like a Woman,'' ``Caldonia,'' and the million-dollar
seller, ``Choo Choo Ch'Boogie.''
{time} 1715
Jordan died in Los Angeles, California, in 1975. A host of prominent
musicians claimed his influence, including Ray Charles, James Brown, Bo
Diddley, and Chuck Berry. His songs have appeared in commercials, TV,
and movies and have been recorded by dozens of popular artists. Louis
Jordan leaves a musical legacy that influences popular music as we know
it today.
I ask my colleagues to support this resolution.
Madam Speaker, I reserve the balance of my time.
Mr. SARBANES. Madam Speaker, it is my privilege now to yield such
time as he may consume to the sponsor of this bill, the gentleman from
Arkansas (Mr. Snyder).
Mr. SNYDER. Proudly today, Madam Speaker, the House of
Representatives solutes another great American, acknowledging the
contributions of a remarkable man to our great country.
Entertainers reflect the rich history of America, and their stories,
their personal stories, tell our story. No more worthy among these is
Arkansas native Louis Jordan, a musician, songwriter, entertainer, and
even movie performer. Nothing could stifle this remarkably talented
man, not racial bigotry or upbringing a century ago in rural Arkansas.
Louis Jordan was born July 8, 1908, in Brinkley, Arkansas, and in the
late 1920s he attended Arkansas Baptist College where I live, in Little
Rock, Arkansas, and majored in music. He became a songwriter,
performer, and movie actor. He actively recorded for the Armed Forces
Radio Service and the V-Disc program during World War II, and one of
his songs recorded during this period, ``G.I. Jive,'' was number one on
both the R&B and Pop charts. He appeared in soundies, which were short
musical films in the 1940s displayed on coin-operated film jukeboxes,
and played cameo roles in movies like ``Follow the Boys'' and ``Swing
Parade'' of 1946.
Previous speakers have acknowledged some of his remarkable
accomplishments: the ``Saturday Night Fish Fry'' recording of 1949,
which many say was the first rock and roll song; his induction into the
Rock and Roll Hall of Fame in Cleveland in 1987; and in 2004 being
named one of the 100 Greatest Artists of All Time by Rolling Stone
Magazine.
I am pleased that the House today will pass this resolution, but in
some ways we don't get the full flavor of his accomplishments and the
richness of the heritage of what he did without talking specifically
about these songs. Let me go through the list of hits briefly here
today.
His career began in the early days of World War II, some dark years
for America. The 1942 hits included ``I'm Gonna Leave You on the
Outskirts of Town'' and ``What's the Use of Getting Sober (When You
Gonna Get Drunk Again).''
In 1943: ``The Chicks I Pick are Slender and Tender and Tall,''
``Five Guys Named Moe,'' ``That'll Just 'Bout Knock Me Out,'' ``Ration
Blues.''
In 1944: ``G.I. Jive,'' ``Is You Is or Is You Ain't My Baby.''
In 1945: ``Mop! Mop!,'' ``You Can't Get That No More,'' ``Caldonia,''
``Somebody Done Changed the Lock on My Door,'' ``My Baby Said Yes.''
And then truly the remarkable year of 1946 in which he had 13 hits:
``Buzz Me''; ``Don't Worry 'Bout That Mule''; ``Salt Pork, West
Virginia''; ``Reconversion Blues''; ``Beware (Brother, Beware)'';
``Don't Let the Sun Catch You Cryin'''; ``Stone Cold Dead in the Market
(He Had it Coming)''; ``Petootie Pie''; ``Choo Choo Ch'Boogie''; ``That
Chick's Too Young to Fry''; ``Ain't That Just Like a Woman (They'll Do
It Every Time)''; ``Ain't Nobody Here But Us Chickens''; ``Let the Good
Times Roll.''
And then on to 1947: ``Texas and Pacific''; ``I Like 'Em Fat Like
That''; ``Open the Door, Richard!''; ``Jack, You're Dead''; ``I Know
What You're Puttin' Down''; ``Boogie Woogie Blue Plate''; ``Early in
the Mornin'''; ``Look Out.''
In 1948: ``Barnyard Boogie''; ``How Long Must I Wait for You'';
``Reet, Petite and Gone''; ``Run Joe''; ``All for the Love of Lil'';
``Pinetop's Boogie Woogie''; ``Don't Burn the Candle at Both Ends'';
``We Can't Agree''; ``Daddy-O''; ``Pettin' and Pokin'.''
In 1949: ``Roamin' Blues''; ``You Broke Your Promise''; ``Cole Slaw
(Sorghum Switch)''; ``Every Man to His Own Profession''; ``Baby, It's
Cold Outside''; ``Beans and Corn Bread''; ``Saturday Night Fish Fry.''
In 1950, four hits: ``School Days, ``Blue Light Boogie,'' ``I'll
Never Be Free,'' ``Tamburitza Boogie.''
And in 1951: ``Lemonade,'' ``Tear Drops from My Eyes,'' ``Weak Minded
Blues.''
Those song titles from the remarkable career of hits of Louis Jordan
give you a flavor for the kinds of songs, the kind of music, the
richness of American heritage.
This was really brought home to me when I was getting signatures to
sign onto this bill, and one of the first people I talked to was one of
our colleagues Congressman Steve Israel from New York, a long way from
rural Arkansas, and he immediately told me--he signed on--that he had
seen ``Five Guys Named Moe'' in New York three times. He started
singing the songs and knew the lyrics of many of these songs, even
though Louis Jordan died over 30 years ago.
I appreciate the efforts by the majority and minority today to bring
this bill to the floor, and today we salute a remarkable American:
Louis Jordan.
Ms. FOXX. Madam Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. SARBANES. Madam Speaker, I want to thank my colleague from
Arkansas for that wonderful history on Louis Jordan, and I want to urge
my colleagues to support H. Res. 1242.
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 Maryland (Mr. Sarbanes) that the House suspend the rules
and agree to the resolution, H. Res. 1242.
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. SARBANES. 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.
____________________
RECOGNIZING PITTSFIELD, MASSACHUSETTS, AS BEING HOME TO THE EARLIEST
KNOWN REFERENCE TO THE WORD ``BASEBALL''
Mr. SARBANES. Madam Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 1050) recognizing Pittsfield, Massachusetts, as
being home to the earliest known reference to the word ``baseball'' in
the United States as well as being the birthplace of college baseball,
as amended.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1050
Whereas Pittsfield, Massachusetts, is the home of a
historic document discovered in Pittsfield's archives by
noted baseball historian John Thorn in 2004;
Whereas the historic document is a bylaw, passed by the
Town of Pittsfield, Massachusetts, during a town meeting on
September 5, 1791, which states that ``for the Preservation
of the Windows in the New Meeting House . . . no Person or
Inhabitant of said town, shall be permitted to play at any
game called Wicket, Cricket, Baseball, Football, Cat, Fives
or any other game or games with balls, within the Distance of
Eighty Yards from said Meeting House'';
Whereas this bylaw was created to protect the windows of
the new meetinghouse in the Town of Pittsfield,
Massachusetts, which is currently the Congregational Church,
designed by renowned architect Charles Bulfinch in 1789 and
completed in 1793;
[[Page 13369]]
Whereas Pittsfield, Massachusetts, through the First Home
Plate project will commemorate being known as the home of the
oldest known documentation of the game by erecting three
permanent monuments, Bat, Ball, and Glove, to recognize
Pittsfield's unparalleled position in baseball history;
Whereas the monuments will highlight and represent the
great virtues of the game that have solidified baseball as
our national pastime;
Whereas the virtues of baseball are innocence, youth,
bridging generations, and how it parallels the great history
of our Nation;
Whereas Pittsfield, Massachusetts, is also the home of many
historical baseball moments;
Whereas Pittsfield, Massachusetts, is the birthplace of
college baseball in the United States as it is the site of
the first intercollegiate baseball game between Amherst
College and Williams College, which took place on July 1,
1859;
Whereas in 1865, Ulysses F. ``Frank'' Grant, generally
considered the best African American player of the 19th
century, was born in Pittsfield, Massachusetts;
Whereas Pittsfield, Massachusetts, is the home of Wahconah
Park, an enclosed ballpark and grandstand, originally built
in 1892 and placed on the National Historic Register in June
2005;
Whereas Pittsfield, Massachusetts, is where in 1921 and
1922, the Boston Red Sox played 2 exhibition games at
Wahconah Park against the Hillies;
Whereas Boston won the first game with a score of 10 to 9
and the Hillies won the second with a score of 4 to 1;
Whereas in 1922, Jim Thorpe, considered one of the most
versatile athletes in modern sports, played baseball at
Wahconah Park;
Whereas in 1924, Lou Gehrig made his professional debut
with the Hartford Senators at Wahconah Park, where he hit a
home run into the Housatonic River;
Whereas in 1942, future major leaguer Mark Belanger was
born in Pittsfield, Massachusetts;
Whereas on June 1, 1976, a recreation of the 1859 Williams
and Amherst collegiate baseball game took place in
Pittsfield, Massachusetts;
Whereas Pittsfield, Massachusetts, hosted a vintage
baseball game which was broadcast on national television in
2004;
Whereas Pittsfield, Massachusetts, in 2005, welcomed the
Pittsfield Dukes, a member of the New England Collegiate
Baseball League, who made their second season debut at
Wahconah Park in 2005; and
Whereas on August 31, 2007, His Excellency, Deval L.
Patrick, Governor of the Commonwealth of Massachusetts,
proclaimed September 5, 2007, to be Pittsfield Baseball Day
in the Commonwealth: Now, therefore, be it
Resolved, That the United States House of Representatives--
(1) recognizes the importance of college baseball to the
Nation; and
(2) recognizes the birthplace of college baseball as
Pittsfield, Massachusetts.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Sarbanes) and the gentlewoman from North Carolina (Ms.
Foxx) each will control 20 minutes.
The Chair recognizes the gentleman from Maryland.
General Leave
Mr. SARBANES. Madam Speaker, I request 5 legislative days during
which Members may revise and extend and insert extraneous material on
H. Res. 1050 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. SARBANES. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today in support of H. Res. 1050, which
recognizes Pittsfield, Massachusetts, as the birthplace of our Nation's
great sport: baseball. This great sport is interlaced into American
culture, history, and tradition. Baseball is our Nation's national
pastime, and Pittsfield, Massachusetts, helped create the American
sporting culture. Legendary players such as Babe Ruth, Lou Gehrig, Cy
Young, Hank Aaron, Cal Ripken, and other Hall of Fame players raised
the level of play and integrity of the game.
The first recorded mention of baseball in known history occurred when
a Pittsfield bylaw passed on September 5, 1791, banned the playing with
bats and balls near the town's newly constructed meetinghouse. This
ordinance is the first known reference to the game in U.S. history.
Other notable historic moments took place in Pittsfield. The very
first collegiate baseball game in the United States took place there on
July 1, 1859, between Amherst College and Williams College. Ulysses F.
Grant, the most prominent 19th century African American player, was
born in Pittsfield. Wahconah Park, a famous ballpark and grandstand
built in 1892, is located there. The Boston Red Sox won their first
game in that park. Lou Gehrig made his professional debut with the
Hartford Senators there where he hit a home run into the Housatonic
River. With every great baseball moment, Pittsfield is a part of the
significance.
The first home plate project will erect a bat, ball, and glove
statues in Pittsfield. These monuments symbolize great virtues,
innocence, purity, and parallels to American culture. Let Congress at
this time recognize and honor the contribution Pittsfield plays in our
Nation's history.
I would like to recognize Pittsfield, Massachusetts' role in our
Nation's history, and I urge my colleagues to support this resolution.
Madam Speaker, I reserve the balance of my time.
Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker I rise today in support of House Resolution 1050,
recognizing Pittsfield, Massachusetts, as being home to the earliest
known reference to the word ``baseball'' in the United States.
The question of the origins of baseball has been the subject of
debate and controversy for more than a century. Baseball, as well as
the other modern bat, ball, and running games, were developed from
earlier folk games. Previous beliefs held that baseball was invented in
1839 by Abner Doubleday in Cooperstown, New York. This belief provided
the rationale for baseball centennial celebrations in 1939, including
the opening of a National Baseball Hall of Fame and Museum. Still, few
historians and even the hall's vice president believed that Cooperstown
was indeed the birthplace of the game, most preferring to believe that
``baseball wasn't really born anywhere.''
In 2004, however, historian John Thorn discovered a reference to a
1791 bylaw prohibiting anyone from playing ``baseball'' within 80 yards
of the new meetinghouse in Pittsfield, Massachusetts. The so-called
``Broken Window Bylaw'' soon became the earliest known reference to
baseball in North America and allowed Pittsfield to lay claim to the
honor.
Baseball is unique among American sports in several ways. This
uniqueness is a large part of its longstanding appeal and strong
association with the American psyche. Some philosophers describe
baseball as a national religion. This popularity has resulted in
baseball's being regarded as more than just a major sport. Since the
19th century, it has been popularly referred to as the ``national
pastime,'' and Major League Baseball has been given a unique monopoly
status by the Supreme Court of the United States.
Baseball is fundamentally a team sport. Even a team blessed enough to
have two or three Hall of Fame-caliber players cannot count on success.
Yet it places individual players under great pressure and scrutiny.
Many Americans believe that baseball is the ultimate combination of
skill, timing, athleticism, and strategy. The pitcher must make good
pitches or risk losing the game. The hitter has a mere fraction of a
second to decide whether to swing. The field players, as the last line
of defense, make the lone decision to try to catch it or play it on the
bounce, to throw out the runner at first base or to try to make the
play at home.
Baseball has truly provided countless Americans fond memories of
their youth over the years, and I am honored to stand here today
recognizing Pittsfield, Massachusetts, as being home to the earliest
known reference to the word ``baseball'' in the United States.
I ask my colleagues to support this resolution.
Madam Speaker, I reserve the balance of my time.
Mr. SARBANES. Madam Speaker, at this time I yield such time as he may
consume to the sponsor of this bill, the gentleman from Massachusetts
(Mr. Olver).
Mr. OLVER. I thank the gentleman for yielding time.
Madam Speaker, I am pleased today that the House of Representatives
is
[[Page 13370]]
considering House Resolution 1050, which honors the city of Pittsfield
for its rich baseball history. As a sponsor of this legislation, I
would like to thank the Committee on Education and Labor, especially
the gentleman from California Chairman George Miller for his assistance
in bringing this resolution to the floor.
Pittsfield, Massachusetts, can trace its baseball roots all the way
back to 1791.
{time} 1730
The city, which was only the town of Pittsfield then, was in the
middle of constructing a new meeting house. Trying to protect the
windows of this new building, the town enacted a bylaw that banned the
playing of ``baseball'' within 80 yards of it. You see, even back in
1791, youths were already breaking windows playing America's favorite
national pastime. With that, the first mention of baseball was penned
into history.
Madam Speaker, besides being home to the earliest known reference to
baseball, this resolution also honors the city for being designated the
Birthplace of College Baseball by the College Baseball Hall of Fame.
On July 1, 1859, the city hosted one of the Nation's oldest
collegiate rivalries, Williams College versus Amherst College, in the
first collegiate baseball game to be played in the Nation. Now this
game was played under the old ``Massachusetts'' rules. No gloves were
used, the ball was pitched under hand, only one out was necessary, and
a foul ball, if uncaught, was considered a hit. The record shows that
Amherst College won this first contest by a score of 73-32.
Pittsfield is also the site of many other historical baseball
moments. Among others, this resolution honors the city for being the
birthplace of Ulysses F. Grant, born in 1865, who's generally
considered to be the best African American player of the 19th century,
as well as Mark Belanger, born in 1944, who spent most of his career
playing for the Baltimore Orioles.
In 1924, Lou Gehrig made his professional debut at Wahconah Park, the
venerable ballbark in Pittsfield that is listed on the National
Historic Register, and in that debut he appropriately hit a home run
into the Housatonic River. Jim Thorpe, considered one of the most
versatile athletes in modern sports, also played there.
In recognition of its baseball past, the city of Pittsfield plans to
erect three permanent monuments, Bat, Ball, and Glove, representing the
virtues of the game.
Overall, Madam Speaker, I am proud to recognize the city of
Pittsfield for its rich baseball history and I am honored to stand on
the floor today to honor its significance to our national pastime.
I urge my colleagues to support this resolution, Madam Speaker.
Mr. SARBANES. Madam Speaker, I reserve the balance of my time.
Ms. FOXX. The rising cost of gas and energy prices throughout this
country threatens many aspects of our lives, and the ability to attend
baseball games this summer is one of those. The notion that Washington
is broken is exemplified in the Democratic majority's refusal to
address soaring energy prices.
Two years ago, then-Minority Leader Pelosi promised the American
people a ``commonsense plan'' to lower gasoline prices, but Democrats
have not only failed to offer any meaningful solutions, they've put
forward policies that will have precisely the opposite effect. As a
result of their inaction, oil, gasoline, and electricity prices are as
high as they have ever been. Once a nightmare scenario, $4 plus
gasoline has become a harsh reality on Speaker Pelosi's watch, and now
Americans are paying nearly $1.50 more per gallon at the pump than when
the Speaker took office.
This Pelosi Premium is hitting working families hard, at a time when
they are confronting high costs of living, a slowing economy, and a
housing crunch. This has to change.
Republicans are committed to a comprehensive energy reform policy
that will boost supplies of all forms of energy right here at home to
reduce our dependence on foreign sources of energy, protect us against
blackmail by foreign dictators, create American jobs, and grow our
economy, all those things as basic to us as our of love of baseball.
This includes increasing the supply of American-made energy,
improving energy efficiency, and encouraging investment in
groundbreaking research in advanced alternative and renewable energy
technologies. With 21st century technologies and the strictest
environmental standards in the world, America must produce more of our
own energy right here at home and protect our environment at the same
time. That is the change America deserves.
To help ease the pain of the Pelosi Premium, House Republican leaders
have also embraced short-term legislation that would suspend the 18.4
cents per gallon Federal gas tax this summer and establish a
corresponding freeze on all taxpayer-funded earmarks to ensure the
Highway Trust Fund will not be impacted. Savings from the earmarks
freeze also would be applied towards reducing the Federal deficit.
A House Republican majority will work to deliver the change America
deserves on gas prices with meaningful solutions that make our Nation
more energy independent. Here's how we will do it. We will increase the
production of American-made energy in an environmentally safe way. This
includes the exploration of next generation oil, natural gas and coal,
and the production of advanced alternative fuels like cellulosic and
clean coal-to-liquids, all while protecting our natural resources for
future generations.
We will promote new, clean, and reliable power generation like
advanced nuclear and next generation coal, while promoting clean power
from renewable energy such as wind and hydroelectric power. Nuclear
energy has proven itself as a safe, carbon-free, and environmentally
friendly alternative, with France relying on it for 80 percent of its
electricity needs, compared to just 19 percent in America.
We will cut red tape and increase the supply of American-made fuel
and energy. Limiting the construction of new oil refineries and
bureaucratic regulations mandating the use of exotic fuels have
decreased supply and increased the Pelosi Premium. We will encourage
greater energy efficiency by offering conservation tax incentives to
America who make their home, car, and business more energy efficient.
We can do much to make it more feasible for families to attend
baseball games this summer and participate in other normal summer
activities by reducing our dependence on foreign oil and creating more
American-generated energy, and I call on my colleagues to bring up the
bills that will allow us to do that.
I yield back the balance of my time.
Mr. SARBANES. The discussion of energy and oil, on the one hand, and
baseball on the other, got me thinking about something I read last
week, which is a lot of the folks coming into baseball games around the
country and sporting events are using public transportation wherever
they get the chance, as opposed to driving their cars, and I am so glad
that the Democratic Congress has put such an investment into proving
our public transportation infrastructure in this country.
Obviously, we have got to do more of that going forward so that we
can conserve. That can help drive down some of the gas prices that have
been alluded to.
In any event, to get back to the main topic here with respect to
recognizing the tremendous role of Pittsfield, Massachusetts, in the
establishment of the culture of our national pastime, I want to urge my
colleagues to support H. Res. 1050.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Sarbanes) that the House suspend the rules
and agree to the resolution, H. Res. 1050, 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.
[[Page 13371]]
____________________
SUPPORTING THE GOALS AND IDEALS OF BLACK MUSIC MONTH
Mr. SARBANES. Madam Speaker, I move to suspend the rules and agree to
the concurrent resolution (H. Con. Res. 372) supporting the goals and
ideals of Black Music Month and to honor the outstanding contributions
that African American singers and musicians have made to the United
States.
The Clerk read the title of the concurrent resolution.
The text of the concurrent resolution is as follows:
H. Con. Res. 372
Whereas the Nation should be urged to recognize the
exemplary contributions that African-American singers,
musicians, and composers have made both to the United States
and the world;
Whereas the music of African-Americans is the music of
America, and has historically transcended social, economic,
and racial barriers to unite people of all backgrounds;
Whereas artists, songwriters, producers, engineers,
educators, executives, and other professionals in the music
industry provide inspiration and leadership through their
creation of music;
Whereas African-American music is indigenous to the United
States and originates from African genres of music;
Whereas African-American genres of music such as gospel,
blues, jazz, rhythm and blues, rap, and hip-hop have their
roots in the African-American experience;
Whereas African-American music has a pervasive influence on
dance, fashion, language, art, literature, cinema, media,
advertisements, and other aspects of culture;
Whereas Black music has helped African-Americans endure
great suffering and overcome injustice with courage and
faith;
Whereas civil rights demonstrators often marched to the
cadence of many songs written and composed as gospels or
spirituals that were created on the fields of slaves;
Whereas June was first declared as Black Music Month in
1979 by President Carter and has yearly been designated as
National Black Music Month by all concurrent Presidents;
Whereas African-American musicians have played a
significant role in inspiring people across the generations
in America and around the world with their vision and
creativity by writing lyrics which speak to the human
experience and express heartfelt emotion;
Whereas producers of African-American music have come to be
known as some of the greatest musical talents who have
enriched our culture and continue to influence fellow
musicians today;
Whereas African-American musicians have helped shape our
national character and have become an important part of our
musical heritage; and
Whereas African-American music has millions of fans of
different races and ages in cities and towns all across the
United States: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That Congress--
(1) supports the goals and ideals of Black Music Month;
(2) honors the outstanding contributions that African-
American singers, musicians, composers, and producers have
made to this country;
(3) calls on the people of the United States to take the
opportunity to study, reflect on, and celebrate the majesty,
vitality, and importance of African-American music; and
(4) requests and authorizes the President to issue a
proclamation calling upon the people of the United States to
observe such with appropriate ceremonies and activities.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Sarbanes) and the gentlewoman from North Carolina (Ms.
Foxx) each will control 20 minutes.
The Chair recognizes the gentleman from Maryland.
General Leave
Mr. SARBANES. I request 5 legislative days during which Members may
revise and extend and insert extraneous material on H. Con. Res. 372
into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. SARBANES. I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H. Con. Res. 372, which
supports the goals of Black Music Month. This is an appropriate time to
honor the outstanding contributions African American singers and
musicians have made to the United States. The Nation benefits
culturally and economically from the experience of black musicians.
Today, I stand to honor the influence of African American musical
artists.
African American music has strong ties to African heritage. The
complex rhythm, melodic harmony, and active call-and-response nature of
African American music are products of deep African traditions. Many
Negro spirituals performed and written by African Americans not only
commemorated the African Diaspora but helped to create social change.
In April of 1960, in Monteagle, Tennessee, a 16-year-old girl named
Jamila Jones stood in a crowd of nonviolent segregation protestors and
began singing, ``We Shall Overcome'' to a group of armed and hostile
deputies. That night, the deputies withdrew and let the students sing.
``We Shall Overcome'' is a Negro spiritual taken from Reverend Charles
Tindley's, ``I'll Overcome Some Day.'' Other songs, such as, ``Swing
Low Sweet Chariot,'' ``There is a Balm in Gilead,'' and ``Lift Every
Voice and Sing,'' are all prominent African American ballads that were
instrumental in the Civil Rights movement.
Other genres of music are rooted in the black experience as well. The
origins of gospel, jazz, rhythm and blues, and rap are all closely
linked to African American culture. These genres have enormous impact
on our Nation at large.
President Carter acknowledged the influence and contribution of black
music when he first declared June as, ``Black Music Month,'' in 1979.
Black musicians inspire people across generations and around the world
with their creativity, vision, and ability to speak to the human
experience. The long history of African American music has helped shape
our Nation and musical heritage.
There are millions of African American music fans of different races
and ages all across our Nation. I support this bill and I honor the
goals and ideals of Black Music Month, along with the many
contributions of black musicians to the American people.
I reserve the balance of my time.
Ms. FOXX. I yield myself such time as I may consume.
I rise today in support of House Concurrent Resolution 372,
supporting the goals and ideals of Black Music Month and to honor the
outstanding contributions that African American singers and musicians
have made to the United States.
From the days of slavery and discrimination, through the progress of
the Civil Rights movement, to today, black music has told the story of
the African American experience. In addition to giving voice to black
struggles, faith, and joys, African American music has helped also to
bring people together. During Black Music Month, we celebrate this
integral part of music history by highlighting the enduring legacy of
African American musicians, singers, and composers.
In the early days, black music was used to share stories, spread
ideas, preserve history, and establish community. These spirituals
eventually evolved into a genre that remains vibrant and very
meaningful today, gospel music. This great musical tradition developed
under the leadership of people like Thomas Dorsey, who was known as the
Father of Gospel Music.
In the early 20th century, the progression of jazz took place all
over the country, from the deep south of New Orleans and the
Mississippi Delta, to northern cities such as Chicago and New York.
Jazz captured the interest of 20th century America, making household
names of great African American artists like Louis Armstrong, Charlie
Parker, Ella Fitzgerald, and Miles Davis. The unparalleled brilliance
of these and other great jazz musicians had an extraordinary effect
upon the American musical tradition, while bringing great pleasure to
millions of fans.
Later, rhythm and blues emerged, synthesizing elements from gospel,
blues, and jazz; and from these styles came the birth of rock and roll.
{time} 1745
A fabulous array of artists helped to pioneer this modern musical
transformation, including Chuck Berry, Ray Charles, Marvin Gaye, Aretha
Franklin and Stevie Wonder.
African American music continues to influence the American music
scene
[[Page 13372]]
today with styles such as rap and hip-hop. As we celebrate the many
creative and inspiring African American artists whose efforts have
enhanced our Nation, we recognize their enduring legacy and look to a
future of continued musical achievement.
I ask my colleagues to support this resolution.
Mr. LARSON of Connecticut. Madam Speaker, I rise today in support of
H. Con. Res. 372, honoring the outstanding contributions that African
American singers and musicians have made to the United States. June
2008 marks the 29th year of national recognition of Black Music. It is
difficult to imagine American music without the rich and continuing
innovations of African Americans. Prompted by Songwriter/producer Kenny
Gamble, producer Berry Gordy, and artist Stevie Wonder, President Jimmy
Carter designated June as Black Music Month in 1979.
From the African American spirituals created and sung by those who
were enslaved or who were striving for equal rights, to the celebration
of faith in gospel music, to the trials and struggles of life
illuminated in blues, the music throughout the years served as a
narrative to the African American experience. The number of actual
contributors to the African-American Music Movement is immeasurable,
and the impact of these artists on American music and culture has been
astounding. African American artists have influenced the development of
all branches of American popular culture including rock, country, and
popular or ``pop'' music. Artists such as Paul Robeson and Marian
Anderson, who lived in my home State of Connecticut, Chuck Berry, Bo
Diddley, Duke Ellington, Louie Armstrong, Ella Fitzgerald, Mahalia
Jackson, James Brown, Aretha Franklin, and Marvin Gaye set the tone for
American music and have influenced artists and musicians across
generations throughout the globe.
And so Madam Speaker, I rise to celebrate the numerous African
American musicians and singers who have enriched and defined the
various forms of American Music and urge the passage of this bill.
Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in strong
support of H. Con. Res. 372, Supporting the goals and ideals of Black
Music Month and to honor the outstanding contributions that African
American singers and musicians have made to the United States,
introduced by my distinguished colleague from Michigan, Representative
Kilpatrick. This important resolution honors, recognizes, preserves,
and promotes the legacy and contributions that Black Music and African
American singers and musicians have made to our great Nation.
Black Music has been woven into the fabric of American Society for
centuries, deeply impacting hundreds of generations. The music of
African-Americans is the music of America, and has historically
transcended social, economic, and racial barriers to unite people of
all backgrounds. African American artists, songwriters, producers,
engineers, educators, executives, and other professionals in the music
industry provide inspiration and leadership through their creation of
music, and their value to the African American community cannot be
overstated.
African-American music is indigenous to the United States and
originates from African genres of music. From gospel, blues, jazz,
rhythm and blues, rap, and hip-hop, African Americans musical roots can
be heard throughout many musical genres that we love today. African-
American music has had a pervasive influence on dance, fashion,
language, art, literature, cinema, media, advertisements, and other
aspects of culture and this legislation commends its pervasive
influence. Furthermore, Black music has helped African-Americans endure
great suffering and overcome injustice with courage and faith. Civil
rights demonstrators often marched to the cadence of many songs written
and composed as gospels or spirituals that were created on the fields
of slaves.
As we know, African-American music is an American art form that has
spanned throughout hundreds of years. Its musical elements can be heard
melodiously infused in many genres that we love today. It has grown
beyond its roots to achieve pop-culture and historical relevance,
touching audiences around the world. According to the Gospel Music
Channel, ``Gospel music sales now account for nearly 8 percent of all
music purchased in the United States, selling seven CDs for every ten
purchased in country music.''
Regardless of their musical styles, artists have turned to Black
music as the source and inspiration for their own music, which has
blurred the boundaries between secular and Gospel music. African-
American musicians have played a significant role in inspiring people
across the generations in America and around the world with their
vision and creativity by writing lyrics which speak to the human
experience and express heartfelt emotion. This important legislation
requests and authorizes the President to issue a proclamation calling
upon the people of the United States to observe such with appropriate
ceremonies and activities.
In 1979, President Carter first declared June as Black Music Month,
an honor that has yearly repeated by the designation of National Black
Music Month by all concurrent Presidents. African-American musicians
have helped shape our national character and have become an important
part of our musical heritage and African-American music has millions of
fans of different races and ages in cities and towns all across the
United States. I am proud to support this legislation that honors the
outstanding contributions that African-American singers, musicians,
composers, and producers have made to this country and call on the
people of the United States to take the opportunity to study, reflect
on, and celebrate the majesty, vitality, and importance of African-
American music.
Madam Speaker, I am proud to support this legislation that supports
the goals and ideals of Black Music Month and I urge all my colleagues
to join me in so doing.
Ms. KILPATRICK. Madam Speaker, I rise today to support H. Con. Res.
372, a resolution I introduced honoring June as Black Music Month. This
bill honors the outstanding contributions that African American
singers, composers, producers, and musicians have made to the United
States and the world.
This resolution expresses our appreciation for and the value of the
contributions of African Americans to various genres of music. The roll
call of African Americans who have contributed to the uniquely American
born but internationally acclaimed mode of music is stellar and
stunning. This music, often created against incredible odds, has served
as a chronicle of our time and enriches our Nation.
Civil rights demonstrators often marched to the cadence of ``People
Get Ready'' or the numerous gospel or spiritual songs created in the
fields by slaves. One of the most beloved gospel songs of all time is
``Precious Lord, Take My Hand'' by Hall of Fame composer and writer
Thomas Dorsey. The music of African Americans is the music of America,
and has historically transcended social, economic and racial barriers
to unite people of all backgrounds. Young America danced to the rhythm
of the sound that emanated from Stax Records of Memphis, Chess Records
of Chicago, and from my home town of Detroit, Michigan, through Motown.
Stevie Wonder, Aretha Franklin, The Four Tops, Diana Ross and the
Supremes, Jackie Wilson, Marvin Gaye, Smokey Robinson and the Miracles,
Anita Baker, and The Temptations are just a few of the tremendously
talented artists that hail from the great city of Detroit. Detroit is
the also the birthplace of music mogul Berry Gordy's great Motown
empire. Motown ushered in a new wave of talent and music across the
world. The Motown Sound was brilliantly and meticulously crafted in
what is now Hitsville, USA, the original Motown studio located in my
district. The impeccable standards of excellence in craftsmanship set
Motown and Detroit apart as trailblazers in several musical genres, as
recognized through their numerous Grammy Awards, NAACP Awards and other
accolades. Motown did far more than produce music. It broke substantial
barriers to help to unite the world across race, class and gender
lines.
Although Motown has received the most international acclaim for the
music produced during the infamous Motown era that spanned decades,
Detroiters have also made other tremendous contributions to the musical
world. The historical Black Bottom district was a hub for big bands and
legendary jazz artists such as Ella Fitzgerald, Count Basie and Duke
Ellington. Detroit is also well known for its immense contributions to
gospel music. Reverend C.L. Franklin, Della Reese, The Winans and the
Clarke Sisters all have roots in the City of Detroit.
Detroit's copious musical history and myriad of noteworthy, award-
winning contributions have instilled a great sense of pride in all of
its citizens and, hopefully, all Americans. Take some time during the
month of June to exhibit said pride and honor all those Black artists
that made indelible contributions to the soundtrack of our lives. Give
honor to whom honor is due. Join me in spending this month immersing
yourself and your loved ones of all ages in the rich array of music
that African-Americans have contributed to our great Nation. I
encourage all Americans to utilize the celebrations to honor the men
and women who have created some of the most influential music our
Nation has ever produced. I also want to honor the radio stations and
the DJs, like Frankie Darcell, that play this timeless and wonderful
music. As we spend time recognizing the contributions of these artists,
let us
[[Page 13373]]
remember that this music is not just African-American music. This music
is American music--an integral part of all Americans' heritage.
Mr. RANGEL. Madam Speaker, I rise today to acknowledge the tremendous
contributions of black music to American culture. From times of slavery
to the Civil Rights Movement, Black music has served the Black
community as a source of inspiration and strength and continues to
serve as a narrative of Black History and culture.
Spirituals that grew from the cries of slaves have evolved over
hundreds of years to the Gospel, Soul, R&B, Jazz, Blues, and Rock &
Roll we know today. Black music is enjoyed by the larger community in
the U.S. and by an ever larger global community.
Black music was and continues to be a tool to reveal the very soul of
the black man to the rest of America. In times of division and hate,
black music was one of the few cultural artifacts that was shared with
all Americans. ``Freedom Songs'' used during the civil rights movement
like ``We Shall Not be Moved,'' ``Lift Every Voice and Sing,'' and ``We
Shall Overcome,'' were sung by all and served as uniters rather than
dividers.
Many of the most celebrated musicians in the history of Jazz, Soul
and Blues were African Americans; Lena Horn, Billie Holiday, Charlie
Parker, Miles Davis, Duke Ellington and John Coltrane are all legends
in their own right and have brought innovation and freshness to music
that continues to inspire musicians today.
Black music is much more than words and rhythm: it is an
encapsulation and reaffirmation of a cultural identity that was formed
out of years of struggle and triumph. It is distinctive in the way that
it uplifts the spirit and enthralls the intellect. We must recognize
that black music has served for generations as more than a pastime; it
has been a source of strength and inspiration for a brighter future.
Ms. FOXX. Madam Speaker, I yield back the balance of my time.
Mr. SARBANES. Madam Speaker, again, I urge my colleagues to support
H. Con. Res. 372, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Sarbanes) that the House suspend the rules
and agree to the concurrent resolution, H. Con. Res. 372.
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. SARBANES. 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.
____________________
CONGRATULATING JAMES MADISON UNIVERSITY FOR 100 YEARS OF SERVICE AND
LEADERSHIP
Mr. SARBANES. Madam Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 1051) congratulating James Madison University
in Harrisonburg, Virginia, for 100 years of service and leadership to
the United States, as amended.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1051
Whereas on March 14, 1908, Virginia Governor Claude A.
Swanson signed into law legislation for the establishment of
the new State Normal and Industrial School for Women;
Whereas in 1938, the institution was renamed Madison
College in honor of the Nation's fourth president, James
Madison;
Whereas in 1966, the Virginia General Assembly approved
full coeducational status for the college, and men were
enrolled as resident students for the first time;
Whereas James Madison University (JMU) enrolls nearly
17,000 students and employs 3,000 full-time and part-time
faculty and staff;
Whereas in 2007, the US News and World Report ranked JMU as
the top public, master's level university in the South for
the 17th time;
Whereas also in 2007, the US News and World Report noted
JMU's graduation rate, at 80 percent, was the highest among
all public and private schools in the South;
Whereas JMU has been led by presidents Julian Ashby
Burruss, Doctor Samuel Page Duke, Doctor G. Tyler Miller,
Doctor Ronald E. Carrier, and Doctor Linwood H. Rose;
Whereas JMU offers 106 degree programs, including 68
undergraduate programs, 30 graduate programs, 2 education
specialist programs, and 6 doctoral programs; and
Whereas JMU has conferred more than 98,000 degrees: Now,
therefore, be it
Resolved, That the House of Representatives congratulates
James Madison University for 100 years of leadership and
service to the Harrisonburg/Rockingham County region, the
Commonwealth of Virginia, and the Nation.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Sarbanes) and the gentlewoman from North Carolina (Ms.
Foxx) each will control 20 minutes.
The Chair recognizes the gentleman from Maryland.
General Leave
Mr. SARBANES. Madam Speaker, I request 5 legislative days during
which Members may revise and extend and insert any extraneous material
on H. Res. 1051 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. SARBANES. I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H. Res. 1051, which
celebrates James Madison University's 100 years of service and
leadership. Founded in 1908, the State Normal and Industrial School for
Women eventually became what is now known as James Madison University.
Beginning with only 150 students and 15 faculty members, the small
school has grown into a prestigious university.
Today, James Madison enrolls over 17,000 students and offers a wide
range of courses. With 68 undergraduate majors, 40 graduate and
certificate degrees and six doctoral programs, JMU boasts a strong
academic program. By coupling this strong educational base with student
support, the university is able to graduate 81 percent of its students.
According to the United States Department of Education, JMU is ranked
16th nationally for its graduate rate and is first among all schools in
the South.
Much has changed in James Madison University's 100 year history, but
some of the core principles have remained consistent. The university
still strives to empower its students to make a difference and use
their education to positively impact the world around them. In fact,
JMU ranks 14th on the Peace Corps list of top volunteer producing
universities and the ONE campaign listed the school among their top 100
most active schools in the Nation.
This year, James Madison University grew its impact with the
graduation of its 100,000th student. As the university community
celebrates this accomplishment, JMU will take a moment to reflect on a
century of achievement. The university will also take a look ahead to
the next 100 years of inquiry, learning and discovery.
Madam Speaker, once again I express my support for James Madison
University, and I urge my colleagues to support this resolution.
Madam Speaker, I reserve the balance of my time.
Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of House Resolution 1051,
congratulating James Madison University in Harrisonburg, Virginia, for
100 years of service and leadership to the United States.
If one word could describe James Madison University, unquestionably
that word would be ``bold.'' For 100 years, the institution that began
as ``the little school that could'' has charged through the century
like a bullet train. The campus began with two buildings, now called
Jackson Hall and Maury Hall, that sat on farmland at the outer edge of
Harrisonburg. Constant growth and expansion have been a hallmark for
the campus ever since. Today, JMU extends over 650 acres of rolling
Shenandoah Valley hills and includes more than 100 buildings.
Founded in 1908 with unmatched enthusiasm that, after a century, has
not diminished, today James Madison University's mission reaffirms the
university's long-time commitment to meeting the needs of its students.
In its earliest years, JMU's academic offerings included only what
would now be called technical training or junior college courses.
Today, the university offers more than 100 degree programs on the
[[Page 13374]]
bachelors, masters, educational specialist and doctor levels.
As the university crosses into the new century, the rest of the world
is beginning to take notice. Through the individual achievements and
service that put the power of knowledge to work embodying President
James Madison's belief that a self-governing people ``must arm
themselves with the power which knowledge gives,'' JMU is developing,
through education, leaders who are well-prepared to help shape the
future of the Nation.
I am honored to stand before the House today and recognize this fine
university. I congratulate the university's president, Linwood Rose,
the board of visitors, the students, alumni, and James Madison
University for reaching this milestone, and wish the university
continued success.
I ask my colleagues to support the resolution.
I reserve the balance of my time.
Mr. SARBANES. I reserve the balance of my time.
Ms. FOXX. Madam Speaker, I yield such time as he may consume to my
esteemed colleague from Virginia (Mr. Goodlatte).
Mr. GOODLATTE. Madam Speaker, I rise today to honor James Madison
University and ask my colleagues to support House Resolution 1051. I
want to thank my colleague from North Carolina and my colleague from
Maryland for managing this legislation on the floor, and the chairman
and ranking member of the committee for their support of this
resolution, which recognizes an outstanding institution of higher
education which I am proud to represent in the Sixth Congressional
District of Virginia.
This resolution celebrates James Madison University on the occasion
of its 100th anniversary, which held a week-long celebration
culminating with the centennial celebration on March 14, 2008. The
entire JMU community celebrated with galas, portrait unveilings of JMU
dignitaries, statue presentations, and a photograph of nearly 3,000
students, faculty, staff and alumni forming a ``human 100'' to
celebrate the centennial.
James Madison University, located in my congressional district in
Harrisonburg, Virginia, is surrounded by the beautiful Shenandoah
Valley and has proved to be a catalyst in Western Virginia, building on
the agricultural base of the region to create a center for higher
education and innovation.
James Madison University has grown from its establishment as the
Normal and Industrial School for Women in 1908 to its renaming to
Madison College in 1938 and eventually to James Madison University,
where it presently enrolls nearly 17,000 students and employs 3,000
full-time and part-time faculty and staff.
Since its establishment, James Madison University has been led by
Presidents Julian Ashby Burress, Dr. Samuel Page Duke, the namesake of
JMU's mascot, the ``Duke Dog,'' Dr. G. Tyler Miller, Dr. Ronald
Carrier, and the current President, Dr. Linwood H. Rose.
In my service of representing the Sixth District of Virginia and JMU,
it has been a true pleasure to work with former President Dr. Ron
Carrier and current President Dr. Linwood Rose as they have skillfully
guided James Madison University into the 21st century.
Madam Speaker, from its inception, James Madison University has been
at the forefront of education. Originally a teachers college, today JMU
provides groundbreaking research in information technology, security
and alternative fuel sources, and offers more than 100 degree programs,
including 68 undergraduate, 30 masters, two educational specialists and
six doctor programs. In its 100 yearlings of existence, James Madison
University has conferred more than 98,000 degrees.
Based on this outstanding curriculum, in 2007 U.S. News and World
Report, for the 17th time, ranked JMU as the top public, masters-level
university in the South, and JMU's graduation rate, 80 percent, was the
highest among all public and private schools in the South.
Madam Speaker, James Madison University's alumni have impacted the
Commonwealth of Virginia, the United States and the entire world.
Madison graduates travel to the farthest corners of the Earth to
perform groundbreaking research and provide leadership in corporate
boardrooms, athletic fields, State legislatures, and even here on
Capitol Hill.
I am pleased to have introduced this resolution, cosponsored by the
entire Virginia delegation and more than 50 Members of Congress, that
recognizes the rich history and accomplishments of this remarkable
institution on the occasion of its 100th anniversary.
I urge all the Members of this body to join us in congratulating
James Madison University on its 100th anniversary and to support this
resolution.
Mr. SARBANES. I reserve the balance of my time.
Ms. FOXX. Madam Speaker, as we reflect on the last 100 years of JMU's
history, I want to talk a little bit about a very dark time in our
history, the tenure of former President Carter.
During Carter's administration, the Nation suffered from oil
shortages. These shortages led to record high gas prices that
ultimately persuaded the President to turn to the American public for
answers. Following a Camp David summit on energy, he addressed the
country saying, ``We can't go on consuming 40 percent more energy than
we produce. When we import oil, we are also importing inflation plus
unemployment.''
``We have got to use what we have. The Middle East has only 5 percent
of the world's energy, but the United States has 24 percent.''
And this one, which President Carter thought was one of the most
vivid statements. ``Our neck is stretched over the fence and OPEC has
the knife.''
It is truly frightening how technology has advanced since 1977, yet
here we are today faced with the same issues that this Democratic
Congress refuses to address. When it comes to energy production, while
our global competitors are pursuing 21st century technologies, America
is stuck in the 1970s.
On electricity production alone, for example, just to keep up with
the new demand, by 2030 the United States must build 747 new coal
plants, 52 new nuclear plants, 2,000 new hydroelectric generators, and
add 13,000 new megawatts of renewable power. The dire need to increase
domestic oil and gas production is no different, yet the Democratic
majority refuses to lead.
Republicans are committed to a comprehensive energy reform policy
that will increase the supply of American-made energy, improve energy
efficiency and encourage investment in groundbreaking research and
advance alternative and renewable energy technologies. With 21st
century technologies and the strictest standards in the world, America
can and must produce more of our own energy right here at home and
protect our environment at the same time.
I wonder what President James Madison would think of the situation we
find ourselves in, and wonder if he would agree with many people who
have compared the views of the 2008 presumptive nominee of the Democrat
Party with President Carter and the failed policies of his
administration.
I call on the Democratic leadership to bring forth the proposals that
Republicans have made that will help solve the problems, and not put
America through what we went through in the 1970s all over again.
I yield back the balance of my time.
{time} 1800
Mr. SARBANES. Madam Speaker, I don't know what James Madison would
have thought specifically about the issue raised, but I know he had an
abiding confidence in the ingenuity of the American people, as did all
of our Founding Fathers and I think every President since. And we have
been held back from the kinds of investments and partnerships that the
American people could join with that ingenuity to move us forward, we
have been held back by a lack of investment and emphasis on that kind
of investment from the current administration. So I look forward to a
time when we can join in partnership with the American people and take
advantage of that ingenuity that James Madison and so many others
recognized from the earliest days.
[[Page 13375]]
What an accomplishment for any university to just be there for 100
years. The fact that James Madison University has reached this
milestone with such a terrific list of accomplishments is truly
deserving of the recognition that we seek to bestow upon the university
today, and I urge my colleagues to support H. Res. 1051.
Mr. MORAN of Virginia. Madam Speaker, I rise today to commemorate the
centennial of James Madison University.
Established in Harrisonburg, Virginia, by the Virginia General
Assembly in 1908 as the State Normal and Industrial School for Women,
the school's first student body was made up of 209 students and 15
faculty members. In 1938, its name was changed to Madison College in
honor of the fourth President of the United States, James Madison. In
1966, the university became a coeducational institution, and in 1976,
the university's name was changed to James Madison University. Today,
the university enrolls nearly 17,000 students and employs 3,000 full-
time and part-time faculty and staff.
In addition to its expansion in physical size dramatic and student
enrollment, JMU has experienced dramatic growth in academic prestige
and popularity over the past 20 years. For the 13th consecutive year
and 17th time, James Madison University ranked as the top public,
master's-level university in the South in the highly regarded annual
survey on academic quality conducted by U.S. News & World Report. JMU
also had the highest graduation rate--80 percent--among both public and
private colleges in the South. Last spring, a record 16,050 students
applied for 3,300 spots in the 2007-2008 freshman class.
James Madison University is also notable for encouraging its students
to engage in the global community. According to the Institute of
International Education, JMU ranks second nationally among master's-
level institutions for the total number of students studying abroad.
With 65 of its alumni serving as Peace Corps volunteers in developing
countries, JMU also ranks second in the nation among medium-sized
colleges and universities for graduates currently serving as volunteers
with the U.S. service program.
Over the past 100 years, James Madison University has grown from a
small technical college for women into a thriving academic institution
that exemplifies the full promise of a public university. Throughout
its growth, JMU has maintained its core mission of providing a terrific
education and producing well-rounded alumni prepared to contribute to
society, while at the same time fostering an inclusive and high-
spirited atmosphere that complements its beautiful location in the
Shenandoah Valley.
Madam Speaker, it is truly an honor to have James Madison University
in the State of Virginia and to recognize its 100 years of achievement.
I ask all my colleagues to support this resolution and to congratulate
the impressive achievements of James Madison University.
Mr. SARBANES. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Sarbanes) that the House suspend the rules
and agree to the resolution, H. Res. 1051, 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. SARBANES. 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.
____________________
SENSE OF CONGRESS REGARDING TERRITORIES OF THE UNITED STATES
Mr. SARBANES. Madam Speaker, I move to suspend the rules and agree to
the concurrent resolution (H. Con. Res. 2) expressing the sense of the
Congress that schools in the United States should honor the
contributions of individuals from the territories of the United States
by including such contributions in the teaching of United States
history, as amended.
The Clerk read the title of the concurrent resolution.
The text of the concurrent resolution is as follows:
H. Con. Res. 2
Whereas individuals from Puerto Rico, the United States
Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands have contributed to many aspects of the
history and culture of the United States, including its
politics, athletics, and music;
Whereas many students do not know the location or the
significance of these places;
Whereas the diversity of the citizens of the United States
strengthens the Nation, and individuals from the territories
of the United States contribute to that diversity; and
Whereas it is important for students to study the history
of these geographic areas as part of United States history:
Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of the Congress that
children in the United States should understand and
appreciate the contributions of individuals from Puerto Rico,
the United States Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands and the contributions of such
individuals in United States history.
Amend the title so as to read: ``Concurrent resolution
expressing the sense of the Congress that children in the
United States should understand and appreciate the
contributions of individuals from the territories of the
United States and the contributions of such individuals in
United States history.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Sarbanes) and the gentlewoman from North Carolina (Ms.
Foxx) each will control 20 minutes.
The Chair recognizes the gentleman from Maryland.
General Leave
Mr. SARBANES. Madam Speaker, I request 5 legislative days during
which Members may revise and extend and insert extraneous material on
H. Con. Res. 2 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. SARBANES. I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H. Con. Res. 2, which
recognizes the contributions of individuals from Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands to the United States. Many individuals from these
territories have added and continue to add tremendous cultural,
political, and athletic contributions to America.
Some examples of these remarkable individuals include Roberto
Clemente, David Hamilton Jackson, and Agueda Iglesias Johnston. Roberto
Clemente, a native of Puerto Rico, was a legendary major league
baseball player with the Pittsburgh Pirates and an altruistic global
public servant. I will say as an aside that Roberto Clemente put the
Baltimore Orioles in fits during the World Series when I was growing
up, and I have a vivid memory of that. While displaying extraordinary
athletic feats on the baseball diamond, his selfless nature, not his
play, cast him as an national icon and an exemplary role model.
Unfortunately, Roberto Clemente died in a plane crash as he was trying
to deliver aid to Nicaraguan earthquake victims.
David Hamilton Jackson is another outstanding individual to
recognize. Jackson spearheaded the transfer of the United States Virgin
Islands territory from the Danish into the hands of the local
residents. Jackson, born in the Virgin Islands, parlayed his power into
making local Virgin Island residents also United States residents.
Jackson served as an educator, legislator, labor leader, and lawyer,
and is known as one of the most important figures from the West Indies.
Agueda Iglesias Johnston was Guam's leading educator and well-known
patriot. After Japan invaded the island in 1942, she both served as a
teacher and principal during dangerous times in Guam. Amidst the
perilous state, Johnston showed bravery when many feared. She
communicated over the radio about the progress of the war, and she also
aided an American Navy soldier, George Tweed, to escape capture by the
Japanese. In Guam, she is known for her outstanding commitment,
bravery, and service.
Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands have many, many historical figures, events,
and pivotal historic moments that highlight the legacy of their
respective homelands. Children in the United States should understand
and appreciate the contributions of citizens from
[[Page 13376]]
the territories of the U.S. Ensuring America's youth know the
contributions of these great territories and their impact on American
culture creates a better understanding of our Nation's history.
Madam Speaker, once again, I express my support for recognizing the
important contributions of individuals from these territories of the
United States.
I reserve the balance of my time.
Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
I rise today in support of House Concurrent Resolution 2, expressing
the sense of the Congress that schools in the United States should
honor the contributions of individuals from the territories of the
United States by including such contributions in the teaching of the
United States history.
Scholars say that teaching history to children has many important
lifelong benefits. History provides them with identity. Studying
history improves their decision-making and judgment. History highlights
models of good and responsible citizenship. History also teaches
students how to learn from the mistakes of societies' past. History
helps them understand change and societal development, and it provides
a context from which to understand others.
Students today need to be engaged in substantive historical content.
Only through curriculum that provides solid, exciting historical
narratives and working with materials firsthand will students grasp the
essential events of American history and proficiently comprehend the
crucial issues of modern society.
Included in our schools' history curriculum should be a look at the
contributions of individuals from the territory of the United States.
From revolutionary times through the second World War, these
territories have played significant roles in American history.
Individuals who lived in U.S. territories, including Puerto Rico,
Guam, the U.S. Virgin Islands, Midway Islands, the Mariana Islands, and
American Samoa have all contributed to the history and cultural fabric
of our country in unique ways. As such, the stories of their
accomplishments and challenges should be passed down to our young
people and included when we talk about the rich history of this great
country.
I ask my colleagues to support this resolution.
I reserve the balance of my time.
Mr. SARBANES. Madam Speaker, it is my privilege at this time to yield
such time as she may consume to the gentlelady from the Virgin Islands,
the sponsor of this important bill, Mrs. Christensen.
Mrs. CHRISTENSEN. Madam Speaker, I am proud to rise in strong support
of House Concurrent Resolution 2 today, which I introduced on the first
day of this Congress and which expresses the sense of Congress that
children in the United States should understand and appreciate the
contributions of individuals from the United States Virgin Islands,
Puerto Rico, American Samoa, Guam, and the Northern Mariana Islands to
the U.S. history. I am joined in this bill by 46 cosponsors.
This bill began with young people and it is for young people, but it
is also for all Americans. A few years ago, I was on the campus of the
Charlotte Amalie High School in St. Thomas, and as I was leaving some
students gathered around to greet me and ask questions. It is because
of one of those questions that I introduced this resolution.
A young lady expressed her concern and frustration that so many
stateside children and adults as well knew so little about the Virgin
Islands. Is it is a complaint I have heard often from other students
coming up for Close Up and other legislative classrooms. They
challenged me to do something about it.
While it has taken longer than I would have liked, I am pleased that
House Concurrent Resolution 2 is being considered today, and I would
like to thank Chairman Miller, Ranking Member McKeon, and all of the
committee members for their support as well as my staff and the staff
of the Education and Labor Committee for their work on bringing this
resolution to the House floor.
Madam Speaker, the United States presently maintains sovereignty over
three unincorporated territories and two commonwealths, the U.S. Virgin
Islands, Puerto Rico, Guam, American Samoa, and Northern Mariana
Islands. All, including the now Freely Associated States of Palau,
Micronesia, and Marshall Islands, have contributed to the defense and
the richness of the United States in politics, music, arts, science,
sports, education, as well as in many other areas.
And there have been many historic events in the past that
unfortunately are not well known by the rest of our country. As
depicted in this painting that is the cover on a book about many of the
relationships between the then Danish West Indies and the early years
of this country, it is reported that it was a ship in Christiansted
Harbor in St. Croix that gave the first foreign recognition to the
early Stars and Stripes in June of 1776. In another fact, one of the
earliest flags was designed by a Markoe, again from the then Danish
West Indies.
Madam Speaker, among outstanding Virgin Islanders in American
history, we are also proud to count Alexander Hamilton, one of the
great Founding Fathers of our Nation, the first Secretary of the
Treasury and the author of the Nation's financial system. Hamilton
lived in St. Croix, U.S. Virgin Islands, then the Danish West Indies
during his formative years and before coming to the then Colonies. It
is while on the U.S. Virgin Islands that, according to noted historian
Richard Brookhiser and others, that Hamilton learned accounting and
trade which spanned international borders and where he began to develop
his philosophy of life and politics. One of his earliest recorded
writings is a descriptive and moving account of a hurricane which was
published in the local newspaper when he was around 16, in 1772.
More recently, one of New York's premier politicians of the mid 1900s
was J. Raymond Jones, also known as the Silver Fox, from St. Thomas,
who ran politics in New York City and is credited as a mentor by our
own greater leader in this Congress, Congressman and Chairman Charles
Rangel. He played an important role in laying the political foundation
of that city, which continues to this day.
We were active and remain active in the U.S. labor movement. Men like
Ashley Totten was one of A. Phillip Randolph's lieutenants, and
instrumental in the founding of the Brotherhood of Sleeping Car
Porters.
In the entertainment business, people like Kelsey Grammer grew up in
St. Thomas, and he is well known for his character on Cheers and its
spinoff, Frasier. Benny Benjamin, the well-known songwriter of songs
like ``I Don't Want to Set the World on Fire,'' John Lucien, and others
were from my home.
There are also individuals like Casper Holstein who played a role in
the Harlem Renaissance, and Barbara Christian, an influential feminist
literary scholar and critic who was born in St. Thomas, Virgin Islands.
And, of course, we have also made major contributions in sports, with
Tim Duncan of the San Antonio Spurs, Raja Bell of the Phoenix Suns who
both hail from St. Croix. And in the past we had Giants catcher Valmy
Thomas whose daughter Shelley works in our office, Joe Christopher and
Horace Clarke, and many others in major league baseball. Boxing legends
such as Emile Griffith and Julian Jackson are from the Virgin Islands.
And none of us could match the number of major league football players
who come from American Samoa.
But it should not take an NBA game or a boxing match to bring about
awareness of the U.S. territories. Our children should begin to learn
about the U.S. territories within the context of U.S. history.
Madam Speaker, it is the diversity of the citizens of the United
States that strengthens this Nation, and individuals from the
territories have contributed to that diversity and continue through
today. The sad reality is that
[[Page 13377]]
far too many of our fellow Americans do not even know where the U.S.
territories are located, not to mention the important contributions
that they have made not only to U.S. history but to world history.
A full history program should include curricula that give students a
balanced learning of all of the historic contributions that impact
people who live in the United States, including contributions made by
the people of the territories, the Commonwealth of the United States,
and the Freely Associated States.
This bill will be a giant step forward in ensuring that all
Americans, however separated by geography, are fully a part of the told
and taught history of our great country, as we are today an integral
part of its unfolding future. And to the children and young people of
Guam, American Samoa, the Northern Mariana Islands, the Freely
Associated States, Puerto Rico, and the U.S. Virgin Islands, this bill
is for you.
I urge my colleagues to pass House Concurrent Resolution 2.
Mr. SARBANES. Madam Speaker, I reserve the balance of my time.
Ms. FOXX. Madam Speaker, unfortunately, as I was listening to the
Delegate speak, I realized that the failed energy policies of the
Democratic majority are going to be hurting these very groups of folks,
because people can't afford to fly there for vacation; the prices of
tickets have gone up so much that it is going to hurt significantly the
tourism industry.
Also, I think as we study the history of the contributors from the
territories of the United States, we need to call attention to people
to the history of the actions of the Democrats and Republicans in
relation to American-made oil and gas, which is a history of support
and opposition.
When it comes to taking meaningful steps to provide affordable energy
to the American people, Congress has the ability and responsibility to
act. Unfortunately, a clear pattern has emerged over the years as one
party consistently has fought to increase access to home-grown energy
reserves while the other has consistently voted to expand America's
dependence on foreign unstable energy instead.
{time} 1815
We have compiled the facts by the issues.
ANWR exploration: House Republicans, 91 percent supported; House
Democrats, 86 percent opposed.
Coal-to-liquid: House Republicans, 97 percent supported; House
Democrats, 78 percent opposed.
Oil shale exploration: House Republicans, 90 percent supported; House
Democrats, 86 opposed.
Outer Continental Shelf exploration: House Republicans, 81 percent
supported; House Democrats, 83 percent opposed.
Refinery increased capacity: House Republicans, 97 percent supported;
House Democrats, 96 percent opposed.
I reserve the balance of my time.
Mr. SARBANES. Madam Speaker, at this time it is my pleasure to yield
such time as she may consume to the gentlewoman from Guam (Ms.
Bordallo), and I would say I have benefited from having my office right
across the hall from her office because she has sponsored a number of
cultural activities in the hallway between our offices, so I have
learned a lot about Guam since I got here.
Ms. BORDALLO. I thank the gentleman.
Madam Speaker, today the teaching of history to our children and
young adults is an integral part of the learning experience and the
American elementary and secondary education system. History is a
formidable, important part of the curriculum and the intellectual
development of our youth. It is through history that we learn about,
recall, and reflect upon lessons of the past and it is through history
that we learn to responsibly recognize and seize the opportunities of
the future. History is an exercise of self-awareness. It helps each
citizen understand his or her place and role in our society, and it
helps us establish a continuity for progress.
It is through history that we learn about and come to appreciate our
roots, our heritage, our culture, our progress as a society, and our
relationships to one another and about how our family and our community
relate to the broader world and to the generations that have come
before us and those that follow us. Through history, our children learn
about people and the faces and the stories behind the names that have
helped shape our great democratic experiment.
The teaching of United States history is fundamental to the American
classroom. Yet, the teaching of history can be elevated today with
greater incorporation of facts related to the territories and our
fellow Americans who call the territories home. Integration into the
modern day curriculum of the accounts of relationships and the
circumstances surrounding the entry of each of the territories into the
American family is both appropriate and needed if our teaching of
American history is to be complete and meaningful. Learning about the
contributions of illustrious persons from the territories complements
this goal and is a proven, effective means of sharing our history.
Today, American children, for example, learn about Squanto, George
Washington, Paul Revere, Lewis and Clark, Buffalo Bill Cody, Susan B.
Anthony, Francis Scott Key, Orville and Wilbur Wright, Rosa Parks, and
many, many other notable Americans. But, Madam Speaker, the names and
the stories of historic figures in the territories are not known, and
we have many historic leaders, as my colleague pointed out from her own
territory of the Virgin Islands.
Today, our school children learn the capital cities of Jefferson
City, Boise, Concord, Tallahassee, and many others. But San Juan, Pago
Pago, and Hagatna, for example, they are unfamiliar to their ear and
rarely can be pinpointed on the map. Our territorial flags, seals,
trees, flowers, birds, et cetera, they are all too frequently
overlooked or a mystery, our history under appreciated.
How many young students today know that Guam was discovered by
Magellan in 1521, and Guam was governed under Spain for 100 years.
Today, too few Americans know and realize that the territory of Guam
was bombarded, attacked and invaded by Imperial Japanese forces
concurrent with the attack on Pearl Harbor. Too few Americans know and
learn about the loyalty and courage of the people of Guam in suffering
at the hands of a brutal enemy, while their homeland, sovereign
American soil, was occupied. Guam is the only American community to
have been occupied since the War of 1812.
This resolution is an exercise about learning to appreciate the
cultures and the history of our islands, where our U.S. flag flies.
House Concurrent Resolution 2 expresses the sense of this Congress that
schools and educators all across these 50 United States and right here
in our Nation's capital city should strive to teach our children about
the territories and should in their noble profession seek to honor the
contributions of individuals from each of these territories.
For over a century now individuals from Guam, Puerto Rico, American
Samoa, the United States Virgin Islands, and the Northern Mariana
Islands have contributed to the growth and development of our country.
Individuals from the territories have stood shoulder to shoulder with
their brothers and sisters in harm's way, and I am speaking about the
war in Iraq and Afghanistan. They have worn the uniform in times of
war, and boast some of highest enlistment rates in our military. Many
have paid the ultimate sacrifice from World War I to the present day
war against terrorism.
Some have gone on to distinguished military careers as officers.
Others have made contributions in the fields of medicine, law, music
and the arts. Some have become incredible teachers in their own rights,
and work to preserve our history and expand the circle of awareness
about the beautiful tapestry and the rich history of the people of the
United States territories.
The textbooks, the classroom discussions, the maps, the globes, the
technology, the learning games, all could stand to include more pages,
more
[[Page 13378]]
study questions, and more focus on the territories.
I want to thank my colleague, Congresswoman Christensen, for her
leadership in working to incorporate the territories into history for
America's schoolchildren.
I stand here today proud of our own schoolchildren on Guam. This
debate is on the heels of their participation last week for the first
time in the national competition for National History Day, and my
colleague spoke about this. His office is located right across from
mine, and they all performed in the hallway. History students from
George Washington High School, Untalan Middle School, Agueda Johnston
Middle School and Guam High School all competed with students from all
across the United States at the University of Maryland, College Park,
in the national competition with research papers, exhibits, performance
and documentaries. This occurred, as I said, just last week. And they
also went on a field trip in Washington, DC.
So, Madam Speaker, I stand in full support, in strong support for the
passage of this very important House Concurrent Resolution 2.
Mr. SARBANES. I inquire whether the gentlelady has any additional
speakers.
Ms. FOXX. Madam Speaker, I don't have any additional speakers, but I
have some additional comments.
Mr. SARBANES. Madam Speaker, in that case, I reserve the balance of
my time.
Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
I went over the list of differences in ways that Republicans have
suggested that Americans become energy independent from foreign sources
of oil. I want to give a summary of those now.
I have stated that the gap has been as much as 97 percent of House
Republicans supporting increasing refinery capacity, and 96 percent
Democrats opposing increased refinery capacity.
The summary of all of the issues I have outlined was 91 percent of
House Republicans have historically voted to increase the production of
American made oil and gas, while on average 86 percent of House
Democrats have historically voted against increasing the production of
American made oil and gas.
My interest and the interest of other Republicans is in keeping this
country as the greatest country in the world and ending our dependence
on foreign oil. I call on the Democratic majority to join with
Republicans in taking action toward this goal.
Madam Speaker, I yield back the balance of my time.
Mr. SARBANES. Madam Speaker, I know it is incredibly difficult for
the minority to resist the impulse to lob this energy rhetoric into
every single discussion we have here on the floor. I am not going to
take the bait, particularly on this resolution because this is such an
important resolution that has been put forward. It encourages and it
guides us on how we can teach this valuable, valuable history of the
U.S. territories to all Americans so that they can gain a deeper
appreciation of it. I want to thank those who spoke today,
Congresswoman Bordallo and Congresswoman Christensen, for contributing
their perspective on this important bill, and I want to urge my
colleagues to support it unanimously if they could.
Mr. FORTUNO. Madam Speaker, I am tremendously proud to be a co-
sponsor of House Concurrent Resolution 2, which expresses the sense of
this Congress that schools in the United States should honor the
contributions of individuals from the U.S. territories by including
such contributions in the teaching of American history. This Resolution
will encourage schools to teach--and students to learn--about the rich
history and vibrant cultures of the U.S. territories and the many
achievements of individuals born there. I want to commend Congresswoman
Christensen for introducing H. Con. Res 2.
In the case of Puerto Rico, the impact that our native sons and
daughters have had on every aspect of American society cannot be
overstated. Can you imagine preparing a history of Major League
baseball without devoting at least a chapter to Roberto Clemente and
the hundreds of Puerto Rican players who have followed in his wake?
Likewise, consider how much the film industry owes to great actors like
Jose Ferrer, Raul Julia and Benicio del Toro--to name just a few.
Beyond athletics and the arts, many Puerto Ricans have made important
contributions in the fields of politics, business and law. With respect
to national service, students and teachers may not be aware--but should
be--that residents of Puerto Rico and the other U.S. territories serve
in the U.S. military. They ought to know that Puerto Rico sends a
higher percentage of its residents to the armed forces that all but one
other U.S. jurisdiction and that four Puerto Ricans have won the Medal
of Honor. H. Con. Res 2 will help ensure that students in our Nation's
schools learn basic but largely unknown facts about the U.S.
territories--how they were acquired, what political and civil rights
residents of the territories have and do not have when compared to
their fellow citizens in the states, and the prospects for change.
Unsurprisingly, there are still many people in our great Nation--
children and adults--who do not know the names of the U.S. territories
or their location on a map. It is my hope that, by teaching students
about the history of the territories and the individual accomplishments
of their residents, we can foster better understanding of and greater
appreciation for the many contributions that the territories have made
to American life.
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 Maryland (Mr. Sarbanes) that the House suspend the rules
and agree to the concurrent resolution, H. Con. Res. 2, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the concurrent resolution, as amended, was
agreed to.
The title was amended so as to read: ``Concurrent resolution
expressing the sense of the Congress that children in the United States
should understand and appreciate the contributions of individuals from
the territories of the United States and the contributions of such
individuals in United States history.''.
A motion to reconsider was laid on the table.
____________________
APPOINTMENT AS MEMBERS TO COMMISSION ON THE ABOLITION OF THE
TRANSATLANTIC SLAVE TRADE
The SPEAKER pro tempore. Pursuant to section 4(a) of the Commission
on the Abolition of the Transatlantic Slave Trade (Public Law 110-183),
and the order of the House of January 4, 2007, the Chair announces the
Speaker's appointment of the following members on the part of the House
to the Commission on the Abolition of the Transatlantic Slave Trade:
Mr. Donald Payne, Newark, New Jersey
Mr. Howard Dodson, New York, New York
Ms. Evelyn Brooks Higginbotham, Cambridge, Massachusetts.
____________________
{time} 1830
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. 1242; H. Con.
Res. 372; and H. Res. 1051, each by the yeas and nays.
The first electronic vote will be conducted as a 15-minute vote.
Remaining electronic votes will be conducted as 5-minute votes.
____________________
HONORING THE LIFE OF LOUIS JORDAN ON THE 100TH ANNIVERSARY OF HIS BIRTH
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and agree to the resolution, H. Res. 1242,
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 Maryland (Mr. Sarbanes) that the House suspend the rules
and agree to the resolution, H. Res. 1242.
The vote was taken by electronic device, and there were--yeas 348,
nays 0, not voting 86, as follows:
[[Page 13379]]
[Roll No. 438]
YEAS--348
Abercrombie
Ackerman
Aderholt
Akin
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Berkley
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boustany
Boyd (FL)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Butterfield
Calvert
Camp (MI)
Campbell (CA)
Capito
Capps
Capuano
Cardoza
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cole (OK)
Conaway
Conyers
Cooper
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Dreier
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Filner
Flake
Forbes
Fortenberry
Fossella
Foster
Foxx
Franks (AZ)
Frelinghuysen
Garrett (NJ)
Gerlach
Giffords
Gillibrand
Gingrey
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inglis (SC)
Inslee
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (NC)
Jordan
Kagen
Keller
Kennedy
Kildee
King (IA)
King (NY)
Kirk
Klein (FL)
Kline (MN)
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, George
Mitchell
Moore (KS)
Moore (WI)
Moran (VA)
Murphy, Patrick
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Oberstar
Obey
Olver
Ortiz
Pallone
Pastor
Paul
Pence
Perlmutter
Peterson (MN)
Petri
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Putnam
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Royce
Ruppersberger
Ryan (WI)
Salazar
Sali
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schakowsky
Schmidt
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shays
Sherman
Shuler
Shuster
Simpson
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Watson
Watt
Waxman
Welch (VT)
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
NOT VOTING--86
Alexander
Allen
Becerra
Berman
Blackburn
Boucher
Boyda (KS)
Burton (IN)
Buyer
Cannon
Cantor
Carnahan
Carney
Cohen
Costa
Costello
Courtney
Davis (IL)
Doyle
Drake
Engel
Ferguson
Frank (MA)
Gallegly
Gilchrest
Gohmert
Grijalva
Gutierrez
Hill
Hoekstra
Hulshof
Hunter
Israel
Johnson (IL)
Johnson, Sam
Jones (OH)
Kanjorski
Kaptur
Kilpatrick
Kind
Kingston
Knollenberg
Langevin
Loebsack
Maloney (NY)
McNulty
Miller, Gary
Mollohan
Moran (KS)
Murphy (CT)
Murphy, Tim
Murtha
Nunes
Pascrell
Payne
Pearce
Peterson (PA)
Pickering
Pryce (OH)
Radanovich
Reyes
Reynolds
Roybal-Allard
Rush
Ryan (OH)
Sanchez, Linda T.
Schiff
Schwartz
Sestak
Shea-Porter
Shimkus
Sires
Solis
Souder
Space
Tancredo
Thompson (MS)
Udall (CO)
Udall (NM)
Walden (OR)
Waters
Weiner
Weldon (FL)
Weller
Wilson (OH)
Young (FL)
{time} 1856
Mr. GEORGE MILLER of California changed his vote from ``nay'' to
``yea.''
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.
Mr. TIM MURPHY of Pennsylvania. Mr. Speaker, on rollcall No. 438, H.
Res. 1242, Honoring the life, musical accomplishments, and
contributions of Louis Jordan on the 100th anniversary of his birth,
had I been present, I would have voted ``yea.''
____________________
SUPPORTING THE GOALS AND IDEALS OF BLACK MUSIC MONTH
The SPEAKER pro tempore (Mr. Cuellar). The unfinished business is the
vote on the motion to suspend the rules and agree to the concurrent
resolution, H. Con. Res. 372, on which the yeas and nays were ordered.
The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Sarbanes) that the House suspend the rules
and agree to the concurrent resolution, H. Con. Res. 372.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 353,
nays 0, not voting 81, as follows:
[Roll No. 439]
YEAS--353
Abercrombie
Ackerman
Aderholt
Akin
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Butterfield
Calvert
Camp (MI)
Campbell (CA)
Cantor
Capito
Capps
Capuano
Cardoza
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cole (OK)
Conaway
Conyers
Cooper
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Drake
Dreier
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Filner
Flake
Forbes
Fortenberry
Fossella
Foster
Foxx
Franks (AZ)
Frelinghuysen
Garrett (NJ)
Gerlach
Giffords
Gillibrand
Gingrey
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inglis (SC)
Inslee
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (NC)
Jones (OH)
Jordan
Kagen
Keller
Kennedy
Kildee
King (IA)
King (NY)
Kirk
Klein (FL)
Kline (MN)
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, George
Mitchell
Moore (KS)
Moore (WI)
Moran (VA)
Murphy, Patrick
Murtha
Musgrave
Myrick
Nadler
[[Page 13380]]
Napolitano
Neal (MA)
Neugebauer
Oberstar
Obey
Olver
Ortiz
Pallone
Pastor
Paul
Pence
Perlmutter
Peterson (MN)
Petri
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Putnam
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Royce
Ruppersberger
Ryan (WI)
Salazar
Sali
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schakowsky
Schmidt
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shays
Sherman
Shuler
Shuster
Simpson
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Wamp
Wasserman Schultz
Watson
Watt
Waxman
Welch (VT)
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
NOT VOTING--81
Alexander
Allen
Berman
Blackburn
Boyda (KS)
Burton (IN)
Buyer
Cannon
Carnahan
Carney
Cohen
Costa
Costello
Courtney
Davis (IL)
Delahunt
Doyle
Ferguson
Frank (MA)
Gallegly
Gilchrest
Gohmert
Grijalva
Gutierrez
Hill
Hoekstra
Hulshof
Hunter
Israel
Johnson (IL)
Johnson, Sam
Kanjorski
Kaptur
Kilpatrick
Kind
Kingston
Knollenberg
Langevin
Loebsack
Maloney (NY)
McNulty
Melancon
Miller, Gary
Mollohan
Moran (KS)
Murphy (CT)
Murphy, Tim
Nunes
Pascrell
Payne
Pearce
Peterson (PA)
Pickering
Pryce (OH)
Radanovich
Reyes
Reynolds
Roybal-Allard
Rush
Ryan (OH)
Sanchez, Linda T.
Schiff
Schwartz
Sestak
Shea-Porter
Shimkus
Sires
Solis
Souder
Space
Tancredo
Thompson (MS)
Udall (CO)
Udall (NM)
Walz (MN)
Waters
Weiner
Weldon (FL)
Weller
Wilson (OH)
Young (FL)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members have 2 minutes to
vote.
{time} 1904
So (two-thirds being in the affirmative) the rules were suspended and
the concurrent 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. TIM MURPHY of Pennsylvania. Mr. Speaker, on rollcall No. 439, H.
Con. Res. 372, Supporting the goals and ideals of Black Music Month and
to honor the outstanding contributions that African American singers
and musicians have made to the United States, had I been present, I
would have voted ``yea.''
____________________
WELCOMING HENRY NELSON GILLIBRAND
(Mrs. GILLIBRAND asked and was given permission to address the House
for 1 minute.)
Mrs. GILLIBRAND. Mr. Speaker, I rise to announce the birth of the
newest upstate New Yorker, Henry Nelson Gillibrand, and to announce his
birth to the Members of the 110th Congress.
I want to thank the Members for all their encouragement and good
wishes. And I want to thank the friends and all the constituents of
upstate New York, from the 20th District of New York, for their good
wishes and their prayers.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Without objection, 5-minute voting will
continue.
There was no objection.
____________________
CONGRATULATING JAMES MADISON UNIVERSITY FOR 100 YEARS OF SERVICE AND
LEADERSHIP
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and agree to the resolution, H. Res. 1051,
as amended, 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 Maryland (Mr. Sarbanes) that the House suspend the rules
and agree to the resolution, H. Res. 1051, as amended.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 354,
nays 0, not voting 80, as follows:
[Roll No. 440]
YEAS--354
Abercrombie
Ackerman
Aderholt
Akin
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Butterfield
Calvert
Camp (MI)
Campbell (CA)
Cantor
Capito
Capps
Capuano
Cardoza
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cole (OK)
Conaway
Conyers
Cooper
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Filner
Flake
Forbes
Fortenberry
Fossella
Foster
Foxx
Franks (AZ)
Frelinghuysen
Garrett (NJ)
Gerlach
Giffords
Gillibrand
Gingrey
Gonzalez
Goode
Goodlatte
Gordon
Granger
Green, Al
Green, Gene
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Hensarling
Herger
Herseth Sandlin
Higgins
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inglis (SC)
Inslee
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (NC)
Jones (OH)
Jordan
Kagen
Kaptur
Keller
Kennedy
Kildee
King (IA)
King (NY)
Kirk
Klein (FL)
Kline (MN)
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Mitchell
Moore (KS)
Moore (WI)
Moran (VA)
Murphy, Patrick
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Oberstar
Obey
Olver
Ortiz
Pallone
Pastor
Paul
Pence
Perlmutter
Peterson (MN)
Petri
Pitts
Platts
Poe
Pomeroy
Porter
Price (NC)
Putnam
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Royce
Ruppersberger
Ryan (WI)
Salazar
Sali
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schakowsky
Schmidt
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shays
Sherman
Shuler
Shuster
Simpson
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Watson
Watt
Waxman
Welch (VT)
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
NOT VOTING--80
Alexander
Allen
Berman
Blackburn
Boyda (KS)
Burton (IN)
Buyer
Cannon
Carnahan
Carney
Cohen
Costa
[[Page 13381]]
Costello
Courtney
Davis (IL)
Ferguson
Frank (MA)
Gallegly
Gilchrest
Gohmert
Graves
Grijalva
Gutierrez
Heller
Hill
Hoekstra
Hulshof
Hunter
Israel
Johnson (IL)
Johnson, Sam
Kanjorski
Kilpatrick
Kind
Kingston
Knollenberg
Loebsack
Maloney (NY)
McMorris Rodgers
McNulty
Miller, Gary
Miller, George
Mollohan
Moran (KS)
Murphy (CT)
Murphy, Tim
Nunes
Pascrell
Payne
Pearce
Peterson (PA)
Pickering
Price (GA)
Pryce (OH)
Radanovich
Reyes
Reynolds
Roybal-Allard
Rush
Ryan (OH)
Sanchez, Linda T.
Schiff
Schwartz
Sestak
Shea-Porter
Shimkus
Sires
Solis
Souder
Space
Tancredo
Thompson (MS)
Udall (CO)
Udall (NM)
Waters
Weiner
Weldon (FL)
Weller
Wilson (OH)
Young (FL)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining on this vote.
{time} 1913
So (two-thirds being in the affirmative) the rules were suspended and
the resolution, as amended, 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. TIM MURPHY of Pennsylvania. Mr. Speaker, on rollcall No. 440, H.
Res. 1051, Congratulating James Madison University in Harrisonburg,
Virginia, for 100 years of service and leadership to the United States,
had I been present, I would have voted ``yea.''
____________________
PERSONAL EXPLANATION
Ms. KILPATRICK. Mr. Speaker, due to personal reasons, I was unable to
attend several votes. Had I been present, I would have voted ``yea'' on
final passage of H. Res. 1242, Honoring the life, musical
accomplishments, and contributions of Louis Jordan on the 100th
anniversary of his birth; ``yea'' on final passage of my bill, H. Con.
Res. 372, supporting the goals and ideals of Black Music Month and to
honor the outstanding contributions that African American singers and
musicians have made to the United States, and ``yea'' on final passage
of H. Res. 1051--Congratulating James Madison University in
Harrisonburg, Virginia, for 100 years of service and leadership to the
United States.
____________________
REMOVAL OF NAME OF MEMBER AS COSPONSOR OF H.R. 6041
Mr. POE. Mr. Speaker, I ask unanimous consent to remove my name as a
cosponsor of H.R. 6041.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
____________________
ANNOUNCEMENT OF INTENTION TO OFFER MOTION TO INSTRUCT CONFEREES ON H.R.
4040, CONSUMER PRODUCT SAFETY MODERNIZATION ACT
Mr. KIRK. Mr. Speaker, pursuant to clause 7(c)(1) of rule XXII, I
hereby notify the House of my intention to offer a motion to instruct
conferees on H.R. 4040.
The form of my motion is as follows:
I move that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on the
Senate amendment to the bill H.R. 4040 be instructed to
insist on the provisions contained in the House bill with
regard to the definition of ``children's product''.
____________________
NO FREEDOM OF SPEECH AT U.N. HUMAN RIGHTS COUNCIL
(Mr. POE asked and was given permission to address the House for 1
minute.)
Mr. POE. Mr. Speaker, the U.N. Human Rights Council was formed to
have open, lively debate on the basic human rights of all peoples.
However, some Muslim nations have put a strong arm on the council and
prevented free discussions of practices that are advocated in the name
of religion by a few Muslims. Those practices include female genital
mutilation and so-called ``honor killings,'' or murder, of women.
One would think that the mutilation and killing of women would be a
front-burner topic with the Human Rights Council. But some Muslims have
said this subject is taboo and the discussion of this religious
practice and the religious practices of other faiths is off-limits.
So much for the basic human right of free speech.
Those that advocate the mutilation and honor killings of women in the
name of religion should be proud of this doctrine of faith and be able
to justify it before the U.N. Human Rights Council. But I guess not.
By the way, Mr. Speaker, it seems to me that in the history of
humanity, more murders, tortures, and wars have been justified and done
in the name of the world's numerous religions than any other reason or
cause.
Reason enough in 2008 to discuss this practice of abusing women.
And that's just the way it is.
____________________
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.
____________________
TORTURE UNDERMINES OUR VALUES AND MAKES US WEAKER
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from California (Ms. Woolsey) is recognized for 5 minutes.
Ms. WOOLSEY. Mr. Speaker, nothing has stained the honor of the United
States in recent years like the use of torture against detainees,
detainees in Iraq and detainees elsewhere. Torture goes against our
Nation's most basic values, and it undermines the American people's
reputation as a compassionate and committed people to human rights.
Torture is not only immoral; it has a practical damaging effect on
our foreign policy. When America is involved in torture, we lose the
moral authority that is our most powerful weapon in the fight against
terrorism. How can we lead the world against terrorism when the world
believes that we don't respect the rule of law ourselves?
That is why I want to call attention to a new report on torture that
was issued last week by the group Physicians for Human Rights. This
group assembled a team of doctors and psychologists to evaluate former
detainees held in Iraq, in Afghanistan, and Guantanamo Bay. The team
found that the detainees were tortured, even though no charges were
ever brought against them or any explanation ever given for their
imprisonment.
The torture consisted of beatings, electric shocks, involuntary
medication, shackling, and sexual humiliation. Other techniques were
used, but they are far too awful for me to mention here. One Iraqi
detainee who was held for a time in the notorious Abu Ghraib prison
said he was subjected to psychological abuse as well as physical
torture. He said that his captors threatened to rape his mother and his
sisters.
Former Major General Anthony Taguba, who conducted the Army's
investigation of the Abu Ghraib scandal in 2004, wrote a preface to the
report. He said, ``In order for these individuals to suffer the wanton
cruelty to which they were subjected, a government policy was
promulgated to the field whereby the Geneva Conventions and the Uniform
Code of Military Justice were disregarded. The U.N. Convention Against
Torture was indiscriminately ignored . . . . ''
He continued: ``Through the experiences,'' he said, ``of these men .
. . we can see the full scope of the damage this illegal and unsound
policy has inflicted, both on American institutions and our founding
values.''
Mr. Speaker, I am sure that there will be some people who will try to
discredit this report by charging that it was prepared by a group
determined to embarrass the administration. But if they don't believe
this report, perhaps they will believe the reporting of the McClatchy
newspapers, which conducted an 8-month investigation of the U.S.
detention system created after
9/11. The McClatchy investigation
[[Page 13382]]
found ``that the United States imprisoned innocent men, subjected them
to abuse, stripped them of their legal rights, and allowed Islamic
militants to turn the prison camp at Guantanamo Bay into a school for
jihad.''
This House did the honorable thing a few months ago when it voted to
stop the use of waterboarding and other illegal interrogation
techniques. Forty-three retired generals and admirals supported that
bill. Eighteen national security experts, including former Secretaries
of State and national security advisers, supported it as well. But the
President vetoed this bill, sending the world a message that America
condones torture.
Torture doesn't work. It doesn't produce good information. It exposes
our own troops to torture if they are captured. It creates enemies. In
short, torture doesn't make us stronger; it makes us weaker.
Congress must recognize these facts and move to restore our Nation's
good name. The best way to begin to do that is by redeploying our
troops out of Iraq and then help the Iraqi people to rebuild their
lives and their country. I know that this won't happen soon given last
week's vote on funding for the occupation of Iraq. But sooner or later,
Congress must act. Redeploying out of Iraq will help to heal the wounds
of torture and right the wrongs.
Mr. Speaker, it's time for America to be America again: peace loving,
compassionate, and a true champion of human rights, and restore our
dignity.
____________________
HADITHA, IRAQ, FIREFIGHT THE MARINES AND THE PRESS
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Texas (Mr. Poe) is recognized for 5 minutes.
Mr. POE. Mr. Speaker, the New York Times called it the ``nightmare''
killings of Haditha, Iraq, and the ``defining atrocity'' of the Iraq
War. Maureen Dowd of the New York Times referred to the incident as the
``My Lai Acid Flashback.'' Another New York Times reporter filed 36
stories on what he called the ``cold blooded killing,'' saying, ``This
is the nightmare everyone worried about when the Iraq invasion took
place.'' Self-proclaimed expert and ``worst person ever,'' Keith
Olbermann of MSNBC, called it ``willful targeted brutality.'' Nation
Magazine said of the event in Iraq that ``members of the 3rd Battalion,
1st Marine Regiment perpetrated a massacre.'' And even a Member of this
House of Representatives said, ``Our troops overreacted . . . and
killed innocent civilians in cold blood.''
It has become the largest investigation in the history of Naval
Criminal Investigative Service, which has 65 government agents assigned
to this one case. Mr. Speaker, as a former judge and prosecutor, I have
never heard of 65 criminal investigators assigned to one case except
the 9/11 attack.
What is the terrible atrocity these news sources are talking about?
Well, Mr. Speaker, the Haditha, Iraq, incident took place in November
of 2005 when our Marines were attacked by the use of a roadside bomb
that exploded, killing one Marine and wounding two others. The Marines
were then engaged in a firefight. Twenty-four Iraqis were killed,
including some civilians.
After the gun battle was over and the smoke cleared, our government
charged four Marines with murder and four others with not properly
investigating the case. In a rabid rainstorm of criticism by U.S.
journalists who were looking for the scalps of these eight Marines, the
eight Marines were tried by a hysterical jury of journalists in the
press and apparently found guilty on all charges.
But normally, Mr. Speaker, in America we try folks in our justice
system and give them a trial before we send them off to the hangman and
the gallows. Be that as it may, now, 2\1/2\ years after expensive,
intense, and thorough investigation, the facts as portrayed by the
sensational National Enquirer-type journalists are not as they were
portrayed to be.
According to columnist Michelle Malkin, who covered these cases in
depth, seven of the eight Marines have had their cases dropped or
dismissed. The eighth is awaiting trial in a real court, rather than
the court of yellow journalism.
These journalists, ironically, are the same ones wanting to close
down Guantanamo Bay prison and are worried about the treatment of those
alleged terrorists there who may get cold blueberry muffins for their
breakfast. But these writers could care less about the presumption of
innocence for these eight U.S. Marines, seven of which have had their
cases dismissed already. Only in America does the press get teary eyed
about the Gitmo detainees but is blissfully ignorant about the justice
in the prosecution of our Marines.
Meanwhile, the U.S. Marines are still in the midst of battle in Iraq
and Afghanistan and standing vigilant in other places of the world
protecting American interests and values. Those values include the
freedom of speech and the freedom of the press to say anything it
wants, even when the press is totally inaccurate and unfair in the
expression of those fundamental rights. And for the U.S. Marines, we
say Semper Fi. Semper Fi.
And that's just the way it is.
____________________
THE PROSECUTION OF FORMER U.S. BORDER PATROL AGENTS
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. Mr. Speaker, as the Members of the House
are aware, in February of 2006, U.S. Border Patrol agents Ramos and
Compean were convicted of shooting and wounding a Mexican drug smuggler
who brought $1 million worth of marijuana across our borders into
Texas. The agents were sentenced to 11 and 12 years in prison and now
have been in Federal prison for 523 days.
Last week I sent a letter, signed by Congressmen Ted Poe, Dana
Rohrabacher, Virgil Goode, Louie Gohmert, John Culberson, and Don
Manzullo, to ask the U.S. Department of Justice Office of Professional
Responsibility to investigate the actions of U.S. Attorney Johnny
Sutton in this case.
{time} 1930
One of the main reasons for this request stems from the firearm
charge used by his office in prosecuting the agents. This charge
carried a 10-year minimum sentence. Without this charge, one of the
agents, Agent Ramos, would have already completed his sentence and
would be out of prison and with his family today.
The office of U.S. Attorney Johnny Sutton charged the agents with the
discharge of a firearm during a crime of violence. Yet, there is no
such crime. The law makes it a crime to use or carry or possess a
firearm in relation to any crime of violence. The Supreme Court ruled
last year in United States vs. Watson that discharge of a firearm is
only a sentencing factor for a judge to consider at the conviction, not
for the jury to determine if a crime occurred. However, you can imagine
how difficult it would be to convince a jury that two Border Patrol
agents, law enforcement officers, were unlawfully using, carrying, or
possessing their firearms.
When you look at the history of why Congress enacted this statute,
one reason stands out: To warn criminals to think twice before they
stick a gun in their pocket on the way to the scene of a crime. This is
the reason the statute clearly does not apply, does not apply to law
enforcement officers like Ramos and Compean. These men were not
carrying guns so they could commit a crime, they were required to carry
guns as part of their job.
By focusing the jurors' attention on this nonexistent crime of
discharging a firearm, there is reason to believe that Johnny Sutton
intentionally manipulated the Federal criminal code to obtain a
conviction against these two Border Patrol agents at all costs.
The American people must be confident that prosecutors will not
tailor the law to make it easier to secure a conviction in a particular
case. Federal prosecutors take an oath to enforce the law, not to make
it.
I want the families of Ramos and Compean to know that my colleagues
[[Page 13383]]
and I will continue to bring this injustice to the attention of the
American people and to the White House.
I am most grateful, I am most grateful to Chairman John Conyers and
his staff for their interest in investigating the prosecution in this
case. I hope that the House Judiciary Committee will soon hold a
hearing on this injustice, and I am also hopeful that the Department of
Justice will take this matter seriously and will investigate Mr.
Sutton's conduct in this case.
Mr. Speaker, before closing, I want the family, again, of Border
Patrol Agents Ramos and Compean, that those of us in Congress on both
sides of the aisle, we care about their families, we care about these
Border Agents, and never, under any circumstances, should they have
been indicted and prosecuted.
I want to thank Chairman John Conyers for holding hearings on this
matter.
Congress of the United States,
Washington, DC, June 18, 2008.
Re Complaint for Prosecutorial Misconduct Against Johnny
Sutton, United States Attorney, Western District of Texas
H. Marshall Jarrett,
Counsel, Office of Professional Responsibility
United States Department of Justice, Washington, DC.
Dear Counsel Jarrett: As Members of Congress, we write this
letter to bring to your attention for investigation what we
have concluded to be a serious miscarriage of justice by
United States Attorney Johnny Sutton. Mr. Sutton supervised,
and has vigorously defended, his office's actions in a case
wherein two United States Border Patrol agents--Ignacio Ramos
and Jose Alonso Compean--have been convicted, and each are
now being punished by imprisonment of 10 years, for a crime
that does not exist, and therefore, for a crime that could
not have been committed.
Specifically, Mr. Ramos and Mr. Compean were charged with
violating 18 United States Code Section 924(c)(1)(A) by the
``knowing[] discharge[] [of] a firearm . . . during and in
relation to a crime of violence.'' (Emphasis added). There
is, however, no such crime. Rather, Section 924(c)(1)(A)
makes it a crime to ``use or carry . . . during and in
relation to any crime of violence'' or to ``possess a
firearm'' ``in furtherance of'' any such crime. And, as the
United States Supreme Court recently pointed out,
``discharge'' is only a sentencing factor to be considered by
the judge after conviction, not by the jury in the effort to
determine whether the law has been violated. United States v.
Watson, 169 L.Ed.2d 472 (2007).
While this distinction might, at first glance, be merely
technical, the United States. Court of Appeals for the Fifth
Circuit, the circuit in which Mr. Ramos and Mr. Compean were
convicted, ruled that an indictment that did not allege that
a defendant had so used or carried, or so possessed, a
firearm was insufficient to charge an offense under Section
924(c)(1)(A). See United States v. McGilberry, 480 F.3d 326,
329 (5th Cir. 2007). Indeed, six years before McGilberry, the
Fifth Circuit, ruled that ``discharging a firearm during and
in relation to a crime of violence'' was not an ``actus
reus'' element of the offense defined by 18 U.S.C. Section
924(c)(1)(A), but only a factor to be considered at
``sentencing'' after conviction.'' See United States v.
Barton, 257 F.3d 433, 441-43 (5th Cir. 2001). And one year
after Barton (and five years before Watson), the United
States Supreme Court agreed, ruling that Section 924(c)(1)(A)
did not define ``discharge'' of a firearm as a separate
offense, but only as a ``sentencing factor[] to be considered
by the trial judge after conviction.'' See Harris v. United
States, 536 U.S. 545, 550-53 (2002).
Notwithstanding these binding precedents in the Western
District of Texas, United States Attorney Sutton secured an
indictment charging Mr. Ramos and Mr. Compean with the non-
existent crime of ``discharging'' a firearm ``in relation to
a crime of violence.'' By this charge Mr. Sutton facilitated
the conviction of the two border control agents by means of
jury instructions that focused the jury's attention upon the
``discharge'' of the agents' firearms, rather than upon the
lawfulness of the possession, carrying, and use of such
firearms in the ordinary course of their employment.
Moreover, by this indictment and these instructions, Mr.
Sutton obtained a conviction of an offense that carried a
minimum 10-year sentence, as provided by the statute, rather
than the lesser sentence for violation of Border Patrol rules
and regulations. See also, Brief Amici Curiae of Congressman
Walter B. Jones, Gun Owners Foundation, United States Border
Control Foundation, United States Border Control, and
Conservative Legal Defense and Education Fund, Inc., In
Support of Appellants, United States of America v. Jose
Alonso Compean and Ignacio Ramos, No. 06-51489, U.S. Court of
Appeals, Fifth Circuit (May 27, 2007).
It is our firm conviction that, by these actions, Mr.
Sutton is guilty of prosecutorial misconduct, the effect of
which has imposed an irreversible and substantial effect upon
Mr. Ramos and Mr. Compean and their families. Prior to the
return of the indictment against Mr. Ramos and Mr. Compean,
Mr. Sutton must have known that it was impossible for there
to be probable cause for a ``crime'' never enacted by
Congress, as authoritatively and previously decided by the
United States Supreme Court and the United States Court of
Appeals for the Fifth Circuit. According to Rule 3.09 of the
Texas Disciplinary Rules of Professional Conduct, a
prosecuting attorney is to ``refrain from prosecuting . . . a
charge that the prosecutor knows is not supported by probable
cause.''
Indeed, the Comments to Rule 3.09 of the Texas Rules of
Professional Conduct admonish prosecutors to remember their
``responsibility to see that justice is done, and not simply
be an advocate.''
On April 1, 1940, then Attorney General Robert Jackson,
speaking to United States Attorneys serving in each federal
judicial district across the country, reminded them why
justice should be their goal, not winning their cases. ``The
prosecutor,'' he said, ``has more control over the life,
liberty, and reputation than any other person in America. His
discretion is tremendous . . . We must bear in mind that we
are concerned solely with the prosecution of acts which the
Congress has made federal offenses.''
Mr. Sutton has manipulated the federal criminal code to
obtain a conviction against two U.S. Border Patrol agents,
preferring to win at all costs over his duty as a United
States Attorney, and his duty under the Texas Rules of
Professional Conduct. This is a matter which your office has
a duty to investigate and, on the basis of what we now know,
to remedy.
Sincerely yours,
Walter Jones,
Ted Poe,
Virgil Goode,
Dana Rohrabacher,
Louie Gohmert,
John Culberson,
Donald A. Manzullo,
Members of Congress.
____________________
OPERATION STREAMLINE
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Texas (Mr. Culberson) is recognized for 5 minutes.
Mr. CULBERSON. Speaker Cuellar, it's perfectly appropriate that
you're in the chair today because you and I have served together in the
Texas House, and we have worked together, Mr. Speaker, in cooperation
with our friend, Congressman Ciro Rodriguez of Del Rio. You and I and
Ciro have worked together to successfully implement a program that I
want to single out for praise tonight.
In the Laredo sector and the Del Rio sector, the immigration laws of
this country are being enforced with a zero tolerance in a program
called Operation Streamline. With the full support of the local
community that you represent, Mr. Speaker, because the crime rate in
Laredo has dropped 70 percent--excuse me; in Del Rio we have seen a 70
percent drop. I think you have seen about a 60 percent drop in the
crime rate in the Laredo sector as a direct result of simply enforcing
existing law in a team effort, Mr. Speaker, between the Border Patrol,
the U.S. Marshals, the prosecutors, the judges, the magistrates, and
the sheriffs, with their local Congressman, Congressman Cuellar. You,
Mr. Speaker, Ciro Rodriguez, and myself on the Appropriations
Committee, we have been able to bring together that team approach in a
bipartisan way that has resulted in a dramatic decline in the crime
rate. The illegal crossings in the Del Rio sector are now at the lowest
level they have been since the Border Patrol started keeping statistics
in 1973.
I bring this to the attention of the House tonight, Mr. Speaker,
first of all, to congratulate and praise those fine men and women in
the law enforcement community of the Border Patrol in Del Rio and
Laredo, also in the Yuma sector, where this is working so well. In
particular, in the Laredo and Del Rio sectors we have seen real success
because of the teamwork of those law enforcement officers and the
judges and the cooperation we have seen at an unprecedented level
between members of both parties in making sure the community and the
Nation are safe in those sectors.
I am working with you now, Mr. Speaker, as well as with the local
Members of Congress in rolling out Operation Streamline, it's called,
the zero tolerance program, in the Rio Grande Valley sector. So that
the goal is, of
[[Page 13384]]
course, from the mouth of the Rio Grande now, up through the Del Rio
sector, Lake Amastad, that the border will be secure.
Unfortunately, Mr. Speaker, it is a very different story in Tucson,
Arizona. In Tucson, Arizona, the local U.S. Attorney refuses to enforce
existing law, and in Tucson, if you are arrested by the Border Patrol,
for example, in Del Rio or Laredo, you have a 100 percent chance of
being prosecuted and serving some time in jail, obviously with the
exception of women and children. The officer will use their good
judgment and their good heart.
But if you're arrest in Del Rio or Laredo, you're going to jail. If
you're arrested in Tucson, Arizona, Mr. Speaker, carrying less than a
quarter ton of dope, you have a 99.6 percent chance of nerve going to
jail, and you will probably be home in time for dinner.
It's an unbelievable and outrageous situation that I have worked on
behind the scenes as quietly as I can with the Department of Justice,
with the U.S. Attorney out there, Diane Humetewa, who refuses to met
with me, who refuses to talk to me, who refuses to cooperate. She, to
this day, Mr. Speaker, refuses to do anything to improve the
prosecution rate in the Arizona sector of the border. As a result,
those officers' lives are in danger. As a result of her refusal to
enforce the law, the lives of the people of Arizona are in danger. This
Nation is in danger because of the refusal of the U.S. Attorney in
Arizona, Diane Humetewa, to do her job.
Frankly, I am sick and tired of it, and it needs to be brought to the
attention of the American people here on the floor because we have
found a bipartisan solution to this. We have found a solution that
people on the border support.
You represent the Laredo sector, Mr. Speaker. I know your community,
the people you represent are thrilled with the reduction in the crime
rate. It has been a team effort. There are no party labels when it
comes to Texans. My good friend, Sheila Jackson-Lee, will be speaking
in a moment, and we are Texans first. There are no party labels when it
comes to what is good for Texas and the Nation.
We have found a solution, Mr. Speaker, in Operation Streamline and
the Zero Tolerance Program, enforcing existing law with existing
resources and existing personnel in a unified team effort, and it's
about time for the U.S. Attorney in Arizona to get with the program and
recognize that she has an essential role in protecting this Nation.
Frankly, Mr. Speaker, if the U.S. Attorney in Arizona will not
enforce the law and live up to her oath of office, I think she ought to
find another job. It's about time for her to just step aside. It's
unacceptable for a U.S. Attorney to refuse to enforce the law. Those
officers' lives are in danger.
We on the Appropriations Committee, I serve on the Homeland Security
subcommittee, Mr. Speaker, we sent 40 additional U.S. Attorneys,
prosecutors to the southwest border with specific instructions that
those attorneys be used to prosecute border crime. The U.S. Attorney in
Arizona got 21 of them, and she will not use them to protect the border
or this Nation.
Mr. Speaker, we have done great work in Laredo and Del Rio, and the
U.S. Attorney in Arizona needs to get with the program and enforce the
law with zero tolerance or find another job.
____________________
ENERGY
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 18, 2007, the gentleman from New York (Mr. Towns) is recognized
for 60 minutes as the designee of the majority leader.
Mr. TOWNS. I want to talk about the energy situation tonight. When I
go back to my district, the number one subject today is that people are
talking about the cost of fuel. Of course, the other one is affordable
housing. But when you look at it, they are all connected.
Of course, when you talk to the taxi drivers, they are saying we
cannot make a living because of the fact that gasoline is so high. The
bus drivers, the same thing. Hardworking people are finding it almost
impossible to make it today because of the price of fuel.
Of course, this is something that has happened all of a sudden. In
2005, gasoline was $2.20 per gallon in December of 2005. Now, today the
price of gasoline is $4.10 per gallon. That is June 19, 2008, according
to the Energy Information Administration, the agency that collects
official energy statistics for the United States Government. In other
words, gas is just creating a tremendous problem in this Nation.
Now I know people will say, Well, here's the solution. But let me
just say to you there is no silver bullet here, that there is no single
solution to this problem. But I think the worst thing in the world to
do is to continue to ignore the problem.
You have people saying, Well, ethanol is the solution. Then you have
others will say that the fact that ethanol might not be the solution,
but we need to make certain that we create cars that will go further.
All these things are good, but when we are dealing with a problem like
this, whenever you make a decision or make an adjustment, there's
always something else that is going to happen.
Hybrid cars. People are coming in now saying that, Look, we are
having problems. The blind, in particular. We travel by sound. We can't
hear. We are getting knocked down in the parking lots. Senior citizens
are getting knocked down.
So we need to look at all these things to be able to bring about
safety, but at the same time we have to be able to make certain that
the fuel prices come down so people don't have to make a decision as to
whether they buy gas or whether they buy food. I mean that is where we
are. People who have been volunteering, providing care for seniors,
driving them to the shopping mall and driving them to various places,
are now saying, I can't do it any more because of the price of
gasoline. That, to me, is a shame and a disgrace in one of the
wealthiest countries in the world, that we are not paying more
attention to our seniors, and of course, as a result, things are
getting worse.
What I would like to do now is to yield some time to the gentlewoman
from Texas, who has been very involved in these issues over the years.
Of course, it's my pleasure to yield to her because she understands how
important this issue is, the gentlewoman from Texas, Sheila Jackson-
Lee.
Ms. JACKSON-LEE of Texas. I want to thank my distinguished friend,
Congressman Ed Towns. I think it's important to note of his leadership
on the Energy and Commerce Committee for any number of years. We have
joined together on understanding this issue as it impacts our very
broad communities.
The distinguished Congressman, as I note, my good friend from
Georgia, is on the floor as well. We all come from different districts.
He comes from an urban-centered northeastern district that has mass
transit very deeply, but as well it's interesting to note that the cost
of gasoline impacts all of our constituents.
I come from a broad, if you will, expensive district in the State of
Texas that has not only a fledgling metro system, a metro system that
we are just beginning to build, mass transit, but as well it is a
community that uses its cars.
{time} 1945
We carpool. We carpool to work. We live very far apart. It is a very
large district. Therefore, the cost of gasoline is very, very costly.
So we have to come together to address this question from the
perspective of how will the consumer feel? We know there has been a
question, a bracelet everybody used to wear asking the question how
would a certain heavenly person feel about a question. We now ask, how
does the consumer feel?
So I rise today to say that I think it is important for this Congress
to come together and to be able to push forward an energy agenda that
really gets down to the real individuals that are burdened by this
cause. So let me explain, Mr. Towns, what I believe is important.
First, let me applaud the leadership for their new direction in
energy. It is
[[Page 13385]]
an important direction. It is a greening direction. It focuses on
alternatives. It focuses on creating green jobs and getting a sense of
understanding about the smallness of the resources that are available
now, the fossil fuel and other energy resources that need to be
utilized, and therefore it is important to, if you will, impress upon
Americans the value of conservation. But, at the same time, I think
there are a lot of other issues that we can discuss.
I believe we should accept the premise that there are a number of
energy resources that this Congress needs to address. For example, I
come from Texas, and obviously we utilize fossil fuel. I think it is
important to recognize that fossil fuel is present, but I think we need
to emphasize looking at independent producers. They were very prominent
in years past. These are smaller companies.
I do believe we need to look at where we are exploring off the Gulf,
where those States of Louisiana and Texas have willingly accepted the
exploration of the Gulf in a safe and environmental way.
Two or three years ago, Congressman Nick Lampson and myself passed
legislation to encourage the Federal Government to do an inventory of
what was available in terms of fossil fuel resources in the Gulf. I
think it is important. We know that there are challenges to exploring
the Outer Continental Shelf. There are challenges to exploring ANWR.
There are challenges in exploring the coast off the East Coast and the
California coast and the Florida coast. I believe those issues are
issues that we have to work with the local jurisdictions and the
governors and consumers for that to be a comfortable process.
But let us not get stuck on that. There are resources in the Gulf. We
have found that there is oil shale, I believe, that has been discovered
in West Virginia. There are other domestic resources that have been
discovered in Mississippi. We need to be able to utilize and to be able
to encourage the safe development of existing resources.
We know that our own multinational energy companies are holding
leases they have not utilized. I believe it is important to call these
individuals into Washington. The President needs to call these
individuals into Washington, the heads of these major companies, and
let us discuss why these oil leases are not being utilized, because
there lies a possibility of additional resources.
Mr. Towns, you know that we have been discussing over the years the
increasing of minority energy entrepreneurs. They come in all shapes
and sizes. But I happen to know an energy company in the State of
Texas, Osyka, that is held solely by African Americans with domestic
deposits. They have resources. But what do they need? They need
investment. They are not overseas. They are right here in the United
States, but they need investment.
So I think there are a lot of small, independent producers that the
legislative scheme here in the United States does not foster their
development, does not provide them access to capital, does not allow
them to build on the resources that they have. You can be assured that
the more resources we put out allows us to have the ability to bring
down the cost of gasoline.
Let me add an additional point that I think should be considered.
When you talk to the multinationals about the cost of gasoline, they
will refer you to the antiquated refineries, that they need to build
more refineries. That too requires a coming together at the table. I
believe we need to have a discussion so they can explain what does it
mean by having an antiquated refinery?
There is a new refinery being built in East Texas and in Louisiana.
That refinery took a long time to build. But maybe we need to update
the refineries. I know that is a questionable proposal and policy to
make them more environmentally efficient and safe. That is a key
element to dealing with this.
Before I yield back and wait a moment as you yield to the
distinguished gentleman from Georgia, I want to cite some numbers that
say that the Energy Information Administration estimates that the
United States imports nearly 60 percent of the oil it consumes. The
world's greatest petroleum reserves reside in regions of high
geopolitical risk, including 57 percent which are in the Persian Gulf.
Replacing oil imports with domestic alternatives such as traditional
and cellulosic ethanol cannot only help reduce the $180 billion that
oil contributes to it our annual trade deficit, it can end our
addiction to foreign oil. These alternatives should be matched with
domestic production. That may help a lot of these small interested
producers.
Also the individual oil companies, the large ones who have leases
here in the United States, we need to have an inventory and get a
determination, as I said, as to why these leases are not being
developed. According to the Department of Agriculture, biomass can
replace 30 percent of our Nation's petroleum consumption.
So there are ways we can confront this issue. One other way, of
course, is to develop more professionals, which we have discussed, and
I want to discuss that later.
Let me conclude by saying we have a real crisis in addition to the
cost of gasoline. That crisis includes jet fuel. We are seeing the
merger of airlines and also a crisis in the airline industry because of
the cost of jet fuel. That too impacts on our consumers.
So I frankly believe as we discuss this, Mr. Towns, we should talk
about what speculators have done to the energy industry. We should talk
about minority entrepreneurs who are able to participate in this
industry. We should talk about independent producers. We should talk
about greening America. We should talk about conservation. And really
we should get to the bottom line of how we help our consumers. I think
if we bring all these elements together, we will be able to do so.
I will yield back to the gentleman and will join you at a later time.
Mr. TOWNS. Let me thank the gentlewoman from Texas for her remarks,
because, let's face it, she is right. We need to end our addiction to
foreign oil. We have to do that. I mean, there are no ifs, ands and
buts about it. That is something we must address.
Of course, the gentleman from Georgia has been out at the forefront
talking about this issue, and, of course, we are delighted he has
joined us in this discussion tonight. We are happy to have Hank Johnson
from the great State of Georgia, who is a leader on this issue as well.
Thank you for joining us. I yield to you.
Mr. JOHNSON of Georgia. I thank my colleague from New York, the
esteemed Congressman Ed Towns. I appreciate very much you speaking on
this very important issue. It is an issue that has been creeping like a
thief in the night into the pocketbooks and into the pockets of
Americans, everyday working Americans.
We have seen the price of gas escalating quietly but steadily ever
since 2001, I say to Congresswoman Sheila Jackson-Lee from Houston,
Texas, whom I am proud to serve with. And I see my other colleague,
Barbara Lee from California. So we have got all parts of the Nation
covered here.
But ever since 2001, when the price of gas was at $1.50, it has
steadily gone up. And that is kind of ironic, given the fact that we
elected an oilman to be our President and an oilman to be our Vice
President. You would have thought that America would be taken care of
by our President and our Vice President. But what we have seen since
that administration came to power is prices going through the roof.
And, like a thief in the night, people have now awakened to see that
they have been gouged and stolen from by the oil industry, and it has
all been while we were enjoying a deregulated and unregulated market
and we were allowing the speculators, instead of the producers, to get
a stranglehold on the American economy. So these speculators are
driving up the price of gas, driving up the price of oil. It has become
the number one issue in this country.
Mr. Speaker, while it is easy to peddle quick fixes, the hard truth
is that there is no quick fix. It is kind of like
[[Page 13386]]
the war in Iraq. We got in a little easier than it is going to take us
to get out. By the way, ironically, some people believe that it was for
the 35 billion barrels of oil beneath al-Anbar Province in Iraq that we
went to war for. Some people believe that.
So oil has driven much of the policies of this administration. And
quick fixes will not do at this point. We are rapidly reaching the
point of peak oil, peak oil being the moment, Mr. Speaker, after which
global oil supplies will forever decrease. That moment is approaching.
Meanwhile, global demand for oil is ever increasing. So we are reaching
a point where we have dwindling supply and skyrocketing demand, and
that means one thing, among others, but the biggest thing is that gas
prices, high gas prices, are here to stay.
Now, the President came up with an energy plan, it was done in
secrecy back in 2001, if you will remember. It seems to me that it was
Vice President Cheney who convened a group of people, whom we still
have not found out who those people were, in a task force to formulate
this country's energy policy. Someone went to court to have the names
and identities of those task force members revealed, and I don't think
that lawsuit was successful. But I can only speculate on who was in
that room setting the oil policy.
That policy went into effect back in August of 2005. When President
Bush signed energy legislation into law, gas at the pump was selling
for about $2.85 a gallon. Then, just 1 year later, in 2006, July 26,
Energy Secretary Bodman celebrated the 1-year anniversary of energy
legislation, kind of like ``mission accomplished.'' And that didn't pan
out either. At that point, 1 year after the anniversary of the signing
of the Bush administration energy policy, 1 year later gas had gone up
to $3 a gallon. And, of course, back in May it went up, it continued to
go up, to $3.81 in May. But now we are in June heading towards July,
and folks are speculating that we will hit $5 a gallon by the end of
the summer, and Americans are hurting.
So it comes as no surprise that the big oil President and the big oil
Vice President propose more drilling, instead of suggesting real,
lasting solutions to our energy problem.
The most effective way to address this problem is to start
conserving. There is so much we can do to conserve energy. It means so
much for our environment. We need to clean this environment up.
I returned from a trip just 1 month ago to the North Pole, Mr.
Speaker. The folks up there are talking about what is going to happen
as the ice melts and it will open up the shipping lanes, so there will
be more traffic, more opportunity to traverse that area, and more
opportunity to get at that oil that is up in the North Pole. And I
suppose we will run all of the polar bears out trying to get to that
oil, trying to sip every last drop of oil that this Earth has to offer,
while at the same time creating environmental havoc.
{time} 2000
So I would be happy to continue to have dialogue on this issue, but I
know that there are other colleagues here who want to address this
issue, so I would yield back at this point.
Mr. TOWNS. Thank you, the gentleman from Georgia, for his remarks. Of
course, he's right on the issue. There are no ifs, ands, or buts about
it.
We look at the fact that there has been a 5-year trend of record oil
profits under this administration. In 2007, the big five oil companies
raked in a profit of $127 billion. That's ``B'' as in ``boy.'' It is
simply unacceptable that consumers are bearing these costs while
corporations continue to profit.
Now, the gentlewoman from California, to whom I'm getting ready to
yield, has been at the forefront. She has been saying this now for a
number of years. Of course, I would say to you that I wish that the
country had listened to her because I'm certain, if they had listened
to her, we would not have the mess that we have now.
It's my honor to yield 5 minutes to the gentlewoman from California,
Barbara Lee.
Ms. LEE. Thank you very much, Mr. Towns.
First, let me thank you for yielding, but let me thank you also for
your leadership on this issue and for so many other issues. Your voice
is extremely important; your work has been important, and it continues
to be quite amazing.
In your coming from New York and in my coming from California, we
have very similar issues that we have to deal with in terms of this
horrific energy crisis, and so thank you for giving us the opportunity
to talk about it one more time.
Also, just as I was listening to my colleague Mr. Johnson from
Georgia, thank you for that very brilliant presentation and for that
historical context. You know, sometimes we forget the past. In the
Ghanaian language, in the Akan language, there's a term called
``sankofa.'' In order to move forward, we must look back at our
mistakes, and I think what you talked about tonight really makes it
very clear that we have to understand how we got to where we are so
that we don't make those mistakes again, such as you talked about,
which was the drilling in the pristine area in Alaska--in ANWR--and all
of the proposals that this administration wants to embark upon.
So thank you very much for that.
To my colleague from Texas, Ms. Jackson-Lee, you have been on this
for many, many years. You come from oil country, and you understand
very clearly the oil industry and what we need to do to dig ourselves
out of this hole, and so your voice continues to be important in coming
from Texas, in understanding that the American people deserve not to
have to pay $5 a gallon for gas. The courage that you've displayed has
been amazing. Thank you for your voice and for your leadership.
As we work to reduce skyrocketing prices at the pump, we continue to
face opposition from the Bush administration, and our colleagues on the
other side of the aisle seem to be content to subsidize the big oil
companies' record profits that Mr. Towns talked about and that you
talked about, Mr. Johnson and Ms. Jackson-Lee. They reach record
profits quarter after quarter rather than adopt a real solution to meet
the energy needs across our Nation.
More specifically, we have proposed legislation that would invest in
true, clean and renewable energy sources. Our proposals would also
bring much needed accountability, which we need desperately, to the
energy markets in order to eliminate the price gouging--do you hear
me?--that's taking place and the market manipulation and the
speculation that have inflated energy prices to record levels. This
week, we will also take up legislation to expand the use of public
transit systems to save energy and to reduce greenhouse gas emissions.
In light of this growing energy crisis, I cannot help but to reflect
upon the Bush administration's determination to squander our resources
on the immoral occupation of Iraq that has directly contributed to the
current economic downturn of the high gas prices that the American
people are seeing at the pump. Make no mistake. We are in the middle of
the Bush-Iraq recession. The economic hardships that Americans face
today are the direct result of this administration's failed and flawed
policies at home and abroad.
When President Bush took office in January of 2001, the price of oil
was $23 a barrel, and gasoline cost as little as, I think it was, $1.35
per gallon. Now, after more than 5 years of bombing and bloodshed in
Iraq, since the Iraq invasion, oil has topped $130 a barrel, and
gasoline is averaging more than $4 a gallon. As Congressman Johnson
said, it probably will hit the unfortunate cost of $5 per gallon. By
some estimates, the war and continued occupation of Iraq could cost the
United States more than $3 trillion. That's a $3 trillion bill for this
administration's failed policies in Iraq that our children and
grandchildren will be paying for years to come.
The American people recognize the toll this immoral occupation has
taken on our economy. They're in dire need of assistance. Many face the
impossible
[[Page 13387]]
choice of buying food for their families or of purchasing the gasoline
they need to go to work. If we want to see prices at the gas pump go
down, one of the first and most essential steps we must take is to end
the war and occupation in Iraq.
We must also focus on transitioning our economy away from fossil
fuels to the greener alternative fuels of the future. This will be a
long-term process that will affect communities throughout our nations
in different ways. It's very important to note that, as we continue to
forge these new frontiers to achieve energy independence and to
safeguard the environment, communities will face many complex
environmental and public health challenges. The drastic acceleration of
greenhouse gas emissions has often been concentrated in low-income and
minority communities, putting these vulnerable populations on the front
lines of the fight against environmental degradation and global climate
change.
The communities in my district, like in Mr. Johnson's district and in
Mr. Towns' district and in Ms. Jackson-Lee's district, all face the
severe consequences of pollution, of urban sprawl and of environmental
injustice, which harshly affect people of color and low-income
communities. Sadly, this epidemic is hitting our children the hardest.
For example, back at home in my own district, when children grow up
in the area of West Oakland, they're seven times more likely to be
hospitalized for asthma than is the average child in California. None
of us can afford to take this lightly. The health of our community and
neighbors affects all of us.
I would also like to just take a moment and recognize the role that
California's East Bay is playing at the forefront of the green jobs and
green industry movement, which is really a critical part in terms of
addressing the energy crisis. One of the most exciting and inclusive
solutions to the many issues facing environmental health and our energy
crisis is the possibility afforded to us by promoting green jobs'
training and the growth of the green economy in America.
A true green economy, one that is sincere in its mission and that is
deeply rooted in local communities and businesses, can provide
innovative answers to many of the problems that our environment faces.
Green jobs provide pathways out of poverty for those most affected by
environmental injustice, namely, people of color and our urban youth.
We have been working closely in my district with the Ella Baker
Center and with the Apollo Alliance. Mayor Ron Dellums--my predecessor
here and our colleague--has been working very hard on a new initiative
to support the development of green model cities and to focus on
economic development through green job training academies and to create
a national green institute to serve as a clearinghouse for the green
movement. So there are many, many initiatives to which we need to look
forward in terms of providing for an alternative to our dependence on
foreign oil.
Let me just conclude by saying and by reminding the country that,
most recently, the Bush administration has threatened to veto the
House-passed H.R. 5351, which is the Renewable Energy and Energy
Conservation Tax Act of 2008. This legislation makes critical
investments in clean and renewable energy and energy efficiency that
will create hundreds of thousands of new jobs and that will help to
maintain the United States' position as a leader in innovation as we
move toward true energy independence.
So I have to thank my colleagues again, especially the Congressional
Black Caucus and Congressman Towns, for allowing us to come down for an
hour to talk about the basic components and reasons for this energy
crisis and also for allowing us to provide what we see as some real and
practical solutions that we can embrace right now--not next year, but
today--if, in fact, the Bush administration and his oil industry
administration would accept the fact that they're responsible for this
energy crisis. The American people deserve a way out.
Thank you.
Mr. TOWNS. Let me thank the gentlewoman from California for her
remarks and to say that you're right. Our priorities are definitely
upside down. There's no question about that.
Mr. Speaker, how much time do we have left?
The SPEAKER pro tempore. Thirty minutes.
Mr. TOWNS. Thank you very much.
At this time, I'd like to yield 5 minutes to the gentlewoman from
Texas, Congresswoman Jackson-Lee.
Ms. JACKSON-LEE of Texas. I thank you very much. I'm glad to have an
opportunity to engage again and to thank Congressman Towns.
As I have listened to both Congressman Johnson and Congresswoman Lee,
I hope that what is gleaned to our colleagues as they listen to us is
that there is a consensus, a meeting of the minds, that we've got to do
something different. I applaud Congresswoman Lee's collaboration with
her mayor, Mayor Dellums.
As I was standing here, I was reflecting on the work that our city is
doing. We have Mayor Bill White, but I'm quite familiar with the Apollo
Alliance, and I was just thinking that it's time now for another
meeting to be able to join in that kind of expansive effort.
So, if the Apollo Alliance is listening, let me congratulate them,
and let me tell them to come on down to Texas. We've had some meetings
early on, but it's the whole concept of educating individuals to change
their lives.
You said something else, Congresswoman, about energy. You used the
word ``energy'' and the words ``energy industry.'' That's coming from
what we perceive to be the oil capital of the world--Houston, Texas. I
want you to know a lot of hardworking people are working in the energy
industry, and they, too, see a new world of alternative fuels and also
an opportunity to match, if you will, efficiently explored fossil
fuels, because it does exist. There is something called ``clean coal.''
As I indicated to you, there is something in the gulf, outside of your
birthplace in Texas and Louisiana, where they have been quietly
exploring oil and gas for a number of years, and it has been efficient.
Even during Hurricane Katrina we noted that those rigs still stayed
safe in the gulf. So we can find ways to combine these efforts.
As I listened to Congressman Johnson and he took us chronologically
to 2001, I want to remind him that post 2001, in 2002, there was
created the havoc and the travesty and obviously, as he indicated, the
crisis of the Iraq war. Whether or not the Iraq war was for oil, as has
been debated, it destabilized the region. When you destabilize the
region where all of the oil is coming from, you obviously dumb down the
resources coming from that area.
But I wanted to bring to the attention of my colleagues that we know
that Saudi Arabia, in this meeting that they've held in the last 48
hours, has suggested that they will increase oil production by 200,000
barrels a day to 9.7 million barrels a day, starting on July 1, in
response to the current energy crisis.
The concern there, of course, is that China is increasing its needs,
and even though we're sort of plateauing out, I do believe that this is
an issue that might not be resolved by the increase in the per barrel
per day, meaning the 200,000 barrels per day.
We need a summit. We need a summit here in the United States. We need
to get all of the parties together, discussing these components--the
high gasoline price, the lack of utilization of the independent
producers, not giving capital an access to African Americans and to
other minorities who, in fact, might be good stewards of the energy
resources, such as those who are finding oil in the Deep South, such as
those who are engaged in green and in alternative fuels such as wind.
I offered a bill on cellulosic ethanol, which, I think, is really one
of the next steps. Of course, this was embodied in the Democratic
conservation bill that included cellulosic ethanol. I know there has
been debate over corn ethanol, but here is an approach: Through
[[Page 13388]]
cellulosic ethanol, costly though it may be, it has a long-term impact.
I also believe it's important to support the legislation that has
been offered by two of our colleagues--one to be, I believe, John
Larson, who is moving forward on legislation that has to do with the
speculator. We have heard, even today, oil analysts who have said that
the speculators are adding an artificial price. In fact, the Enron
loophole that was offered by Senator Graham has given a whole array, a
whole new industry on speculation, and more and more energy companies
are pulling back from that. They're dealing with their own product and
with their own need, and I want to applaud them for that.
I want to cite Representative Van Hollen's Energy Markets Anti-
Manipulation and Integrity Restoration Act. I happen to be a cosponsor
of that legislation. I think it's important. I voted to stop the
filling on the Strategic Petroleum Reserve, which will help American
families by temporarily diverting the 70,000 barrels of oil that goes
to the SPR a day and putting them out on the market.
What I think is important, again, Congressman Towns, is that we're
not having face-to-face discussions. I asked the question of one of the
members of OPEC: What would be the possibility of Members of Congress
being observers at the OPEC meeting?
The OPEC meeting has large numbers of African countries. It has large
numbers of countries from South America. Then, of course, it has those
from the Middle East. I, frankly, believe it's somewhat similar to
treaty discussions, that it's somewhat similar to the discussion on
race in South Africa when they were on track, that it's somewhat
similar to the United Nations. It would be Members of Congress'
representing the most powerful law-making body in the world, as
described by others, their being able to go to the OPEC meetings as
observers and understanding the process of how this oil and gas moves.
{time} 2015
This does not diminish the call for conservation. But I do think it
will open our eyes.
Ms. LEE. Let me just say how important that is because we are the
people's House. Americans don't understand why they are paying $4.50
per gallon. They expect us to be able to tell them. I think by
observing OPEC, being there, interacting and understanding, listening
to the dialogue, will give us a much better handle on what the crisis
is from OPEC's perspective and what proposed solutions are coming out
of OPEC.
I hope we can move forward on that because I think that is a very
creative idea. We have to do things out of the box and do things that
are creative because so many people are suffering. Thank you for that,
and hopefully we can work together to support that.
Mr. TOWNS. Let me say one other thing. I think the energy summit is
just a terrific idea because you have so many people who feel there is
a single solution to the problem. There is no single solution to the
problem. It is going to require less dependence on foreign oil. We must
recognize that. We must promote market-based programs that recognize
and reward clean energy technology. We need to do that. And we must
launch a cleaner, smarter energy future for America that lowers costs
for consumers.
We must look at ethanol and consider wind and look at all of these
different things in order to make certain that the problem is solved.
I yield to the gentlelady from Houston, Texas.
Ms. JACKSON-LEE of Texas. If I may quickly conclude so my
distinguished friend from Georgia, who has made some valid points about
the Iraq war that we are still suffering, I was reading something,
Congressman Johnson, about the condition of the Iraq oil wells and the
difficulty of bringing them online and the need for U.S. investment or
other investment.
It is interesting, a lot of people think we are making a lot of money
in Iraq; we are spending a lot of money in Iraq, I will tell you that.
Let me say this. I will thank all three of my colleagues. I will
continue to work and pursue an answer. The Representative indicated he
was very interested, and would go back and ask. The meeting is in
September and I will pursue that. I don't have the exact location, but
I believe it is in Europe. If so, it would be easy for us to go.
I think the other part would be to give the energy leadership of
these multinationals, and obviously they are in my congressional
district, but a forum to be able to have a conversation outside of a
hearing setting. We need to ask the hard questions. We need to ask how
much of the cost of gasoline is the refinery cost? How much of the cost
of jet fuel is refinery cost? What is attributable to having old
refineries, and what can you do to make the energy name of your
industry more diverse, to have more green and more alternatives such as
wind and biomass.
I am told that wind is very expensive, but you can't get that answer
if we are not sitting down at the table.
I thank the gentleman for the idea of a summit. We may work on that.
Let me conclude by saying we have been working in this Congress. I
don't want anyone to think that we have not been sensitive. You listed
a whole road map that you, Mr. Towns, as a senior member of the Energy
and Commerce Committee have been very much involved in. For example,
the Renewable Energy and Energy Conservation Tax Act of 2008, a
combination of the Ways and Means Committee and the Energy Committee,
which I think is very important because it encourages the development
of innovative technologies, creating new jobs, reducing carbon
emissions, protecting consumers, shifting production to cleaner
renewable energy, and modernizing our energy infrastructure.
The note I want to end on is we have to get more young people
involved.
Mr. TOWNS. And it also has gas price gouging and market manipulation
included in that legislation.
Ms. JACKSON-LEE of Texas. And that is very important.
What I want to end on is we must get more of our young people
involved in the energy industry. We worked on this, Congressman Towns.
We had a bill about geologists. I have listened to Congresswoman Lee as
the chairwoman of the Energy Brain Trust, and we are going to try and
focus on that and push our communities, Hispanics and African Americans
and other minorities and women, to get into this industry and provide
their sensitivity and provide their perspective so that they can talk
eloquently about what gasoline prices really mean when they are this
high. And then to add to the broader community of America who is crying
out for relief, I believe we can turn the corner, or we should, and to
bring to all of America an opportunity to have reasonable energy
resources, heat in the winter and air conditioning in the summer, and
reasonable gasoline prices; because, frankly, I don't think that we can
last much longer if we don't bring relief.
I thank you for bringing this very important special order to the
floor tonight.
Ms. LEE. I just want to emphasize one point raised by Congresswoman
Jackson-Lee with regard to getting our young people involved. This is a
huge new industry. We have proposed the green job training academy to
begin to look at the green industry.
It is my understanding that now venture capitalists are looking at
this as investment opportunities that will create trillions of dollars
in terms of job creation and in terms of an industry. And these are
jobs that do not require necessarily a 4-year college degree or a Ph.D.
These are jobs, once trained, young people will qualify for and will be
able to make a living wage with benefits, good-paying jobs. So we have
to provide our young people with these alternatives because they are
going to school now and they are getting out of school, and there are
no jobs. They have not been trained for the jobs of the future. This
has to be an initiative that we pursue.
Mr. TOWNS. I yield to the gentleman from Georgia (Mr. Johnson).
Mr. JOHNSON of Georgia. Thank you, Congressman Towns.
[[Page 13389]]
Just listening to the comments of my colleagues, I am intrigued with
so many things. My colleague from Texas (Ms. Jackson-Lee) is pretty
much saying we have to have dialogue with our partners around the
world, be they friends or foe. Because the bottom line, people talk
about the global economy. It is true, we have a global economy. It
doesn't always work as fairly as it should, but the bottom line is that
we have a global economy. And some folks are making out like bandits,
and others are sinking. And so it is time that we have equity in this
world.
I know Congresswoman Lee, you have been a woman who has throughout
your career insisted on taking care of the have-nots while the haves
can continue to be prosperous as well. And so dialogue with our oil-
producing nations is so important.
Because by the way, Congresswoman Sheila Jackson-Lee, drilling is one
of the tools that we need in our tool basket to address this issue. We
must take advantage of the leases that have already been granted by
this government to the oil companies, that they have been sitting on
for years waiting for the price to go up so they can start drilling.
And Congresswoman Barbara Lee, you talked about the children, and the
children are so important. I am looking at an article in today's
Washington Post. It says ``Fuel Costs May Force Some Kids to Walk.'' It
means that our local boards of education have to pay for the price of
diesel fuel which is going through the roof. And to get our children to
school costs a whole lot more money than it did last year. And so that
means less money for teachers and less money for school infrastructure,
the buildings, less money for books.
This oil crisis is wreaking havoc on us, and our children are looking
to us to make the right decision. They are counting on us to make the
tough choices for the future. They are counting on this Congress to
understand that the most effective way to adapt to this changing
reality or this new reality, which is dwindling supply with increased
skyrocketing demand, we must as a tool in our toolbox insist upon
conservation while we also extend tax incentives to companies to
develop solar energy. I mean, we have a vast desert where I think it
was 107 degrees out there, or more, sun brightly shining down. Do you
mean to tell me that we can't put some solar panels out there and start
capturing that sunlight and changing it to electricity, to help take
some of the demand away from fossil fuels. It is much cleaner, but I
think the oil companies would have a hard time trying to get their
fingers and their hands around the sun. So we haven't seen a lot of
solar energy.
We are getting more wind coming through because of the global-warming
phenomenon, the disruption of our climate. We are getting the wind, but
we are not using that wind to help us with our energy needs. We need to
do that.
Biofuels. And all of these new things are on the table, but instead
what we get is a new plan announced by the President which is more
drilling, and drilling in our sensitive areas in our environment.
Ms. LEE. If the gentleman would yield, what you are talking about,
which is so important, is a comprehensive energy independence plan. We
need a national plan for energy independence that provides for this
toolbox, as you describe it, that allows for all of the alternatives.
I read in the newspaper that rural communities, because people have
to drive so far to jobs, people are having to make decisions whether or
not they can afford to go to work because the cost of gasoline is
higher than the cost of their wages. Rural communities throughout our
country are being devastated by the price of gasoline. This is an
emergency.
Mr. JOHNSON of Georgia. The price of food is going up. So we have
food going up. We have energy costs going up. And the American people
feel squeezed. They are counting on us to do something to address this
issue.
Congressman Towns, I just appreciate so much your emphasis on this
dilemma that we face. We are, I think, proving that all Americans are
concerned about the future of this country insofar as energy is
concerned.
Mr. TOWNS. It affects a lot of things. First of all, when you look at
young people and you talk about the gas prices and what it costs for
them to go to work, it prevents them from purchasing a home. They can't
afford to buy a home and pay all of these high prices for gas. And of
course the fact that some buses are not running, which as you indicated
means children are going to have to walk to school because of the fact
that these buses are saying we are not making a profit because of the
gas prices.
So when you look at the facts, they do not have affordable housing,
and the fact that they can't afford to buy a home because of the gas
prices, and of course we need to look at tax incentives and things that
will bring about this discussion that we need to have because this is a
serious problem. And to ignore it, it is not going to go away. It is
going to get bigger and it is going to get worse.
We have to come together with a policy that is going to protect not
only the seniors, the young, and the middle-aged, to protect America.
This is something that we must do. We can no longer allow and have the
rich continue to get richer and at the same time having people in a
position to have to make a decision whether they are going to buy
gasoline or whether they are going to buy food. That is wrong, and we
should not stand for it.
I yield to the gentlewoman from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. You have given an eloquent summary of the
crisis that I think most Americans are facing.
{time} 2030
Ms. JACKSON-LEE of Texas. I would like us to move past these hot
months that we have right now and begin to look forward into
particularly the colder areas of America and begin to think about what
is going to happen with heating fuel and this new coming winter season.
We sort of got the tail end of the high price of gasoline sort of as we
were leaving the winter months or as we were getting into the summer
months, and we saw a crisis of people going on a vacation and taking
their kids places during the summer facing this very high cost for
gasoline per gallon.
But I met with some of my power companies who provide energy, and, of
course, I am in a warmer climate than many of my colleagues. But I am
concerned about what we will confront with natural gas and other fossil
fuels that may be utilized for heating people's homes. What a crisis
for elderly and others and families who can't afford their heating
fuels.
So I believe that today on the floor of the House we have offered a
suggestion. A summit doesn't mean 3,000 people. It means getting all of
the parties together that can sit at the table. Get this energy
industry at the table. Let them lay out what is a concept of your
company, because energy for me means that you are diversified under the
concept of energy, green energy, alternative biomass, begin to look at
how we can lay down this roadmap.
And then I think, of course, we need to emphasize the environmentally
safe exploration of drilling, as my colleague indicated, and the reason
why I say that is because it's still going on in the gulf, not as they
say--I know it's difficult in other areas. But in the gulf, it's still
going on, and it should be environmentally safe.
Then I think as members of the Congressional Black Caucus we need
some meetings with the heads of the nations in the Continent in Africa,
Angola, Guinea Bassu, Nigeria. Ghana is finding oil. And it would be
very helpful to sit down and have a discussion as to how their product
can be marketed where there is--I know the bottom line has to do with
dollars--but where there is a sense of morality, a sense of rightness
on how that works. And again, it ties into my inquiry and outreach that
I am going to make to OPEC because I think a lot of heads are better
than none. And you listed all of the good works of the Renewable Energy
and Energy Conservation Tax Act
[[Page 13390]]
of 2008, and I think it's important to note this is what the Democrats
did.
But I want to invite people to come together during the Congressional
Black Caucus, Mr. Towns, and we can join together under the energy
brain trust. I must pay tribute to my predecessor, and you certainly
knew him, Congressman Mickey Leland, who organized the brain trust, on
the basis of getting a sense of morality in this industry. In fact, he
was coming into it with another energy crisis that was certainly in
that time.
So I believe that with all of the hidden resources that we still
have, we will open resources that we can address. And the only reason
why we're not coming together is I don't think that we're putting our
heads together to be able to develop the kind of balanced policy that
brings these people together.
I do want to make mention of the fact that I am looking forward to a
roundtable discussion with leadership in my district. However, that is
the beginning stages of what I think can be a larger question for this
Congress to address, for leadership, for members of the Congressional
Black Caucus, for our caucus members to address, because our
constituents and poor constituents and elderly constituents and ailing
constituents are impacted by the high cost of gasoline and heating oil.
And I thank the distinguished gentleman for giving us an opportunity
to raise these crucial issues that I believe have to be raised.
Mr. TOWNS. Madam Speaker, I yield 2 minutes to the gentlewoman from
California (Ms. Lee).
Ms. LEE. Thank you for yielding, Mr. Towns. I thank you again for
your leadership for bringing us together, but it's going to be through
your leadership and others here on the floor tonight, our great
Speaker, and bringing together Members of this body to make sure that
we can have a bipartisan national energy plan.
I said earlier, and I hope we will always remember, that the jobs
that are going to be created by the development of new, innovative
energy independent industries, such as the green industry, will be
millions of jobs for our young people. And we have to also remember, as
I talked earlier, about the long-term public health consequences and
the environmental concerns as we move toward energy independence and
clean energy, green energy, wind, solar, all of the alternatives that
will provide for a much better quality of health for all Americans, as
well as for a cleaner environment.
So we do have a chance for a win-win-win. We can create millions of
new jobs, we can create a trillion-dollar industry, we can create a
cleaner environment, we can create livable communities throughout our
country if we would just understand the moment we're in and be honest
with the American people and be serious and do some of the things we
talked about.
But also I think it's important, as I close, to also remember that
the occupation of Iraq, the bombing and invasion of the country of Iraq
that was a country that was not an imminent threat to the United States
of America where there were no weapons of mass destruction, the havoc
that we have wreaked on the country of Iraq and Iraqi civilians and our
brave troops, this is a big part of why, when the war started, we were
paying about $1.35 per gallon, $35 per barrel; now we are paying $4.50,
soon to be $5 a gallon, close to $140 per barrel.
So we can not forget the economic impacts of this occupation of Iraq
and remember that we have to include a demand that we end it and we
bring our young men and women home.
Mr. Speaker, I would first like to thank Representative Towns for
holding this special order tonight on an issue that is on the minds of
so many of my constituents.
As the Democratic Majority works to reduce skyrocketing prices at the
pump, we continue to face opposition from the Bush administration and
my colleagues on the other side of the aisle who appear content to
subsidize the Big Oil Company's record profits quarter after quarter
rather than adopt real solutions to meet the energy needs of people
across the Nation.
More specifically, we have proposed legislation that would invest in
truly clean and renewable energy sources.
Our proposals would also bring much-needed accountability to the
energy, markets in order to eliminate the price gouging and market
manipulation and speculation that have inflated energy prices to record
levels.
This week, we will also take up legislation to expand the use of
public transit systems to save energy and reduce greenhouse gas
emissions.
But, Mr. Speaker, in light of this growing energy crisis, I cannot
help but also reflect upon the Bush administration's determination to
squander our resources on the immoral occupation of Iraq that has
directly contributed to the current economic downturn and the high gas
prices the American people are seeing at the pump.
Mr. Speaker, make no mistake, we are in the middle of the Bush Iraq
recession. The economic hardship that Americans face today is the
direct result of this administration's failed and flawed policies--at
home and abroad.
When President Bush was signed into office in January of 2001, the
price of oil was $23 a barrel and gasoline cost as little as $1.35 per
gallon.
Now, after more than five years of bombing and bloodshed in Iraq, oil
has topped $130 a barrel and gasoline is averaging more than $4 per
gallon.
By some estimates, the war and continued occupation of Iraq could
cost the United States more than $3 trillion. That's a $3 trillion bill
for this administration's failed policies in Iraq that our children and
grandchildren will be paying for years to come.
The American people recognize the toll this immoral occupation has
taken on our economy. They are in dire need of assistance. Many face
the impossible choice of buying food for their families or purchasing
the gasoline they need to go to work.
If we want to see gas prices go down at the pump, one of the first,
and most essential steps we can take, is to end to the war and
occupation of Iraq.
We must also focus on transitioning our economy away from fossil
fuels to the greener alternative fuels of the future. This will be a
long term process that will affect communities throughout our Nation in
different ways.
But it is important to note that as we continue to forge new
frontiers to achieve energy independence and safeguard the environment,
communities will face many complex environmental and public health
challenges.
The drastic acceleration of greenhouse gas emissions has often been
concentrated in low-income and minority communities, putting these
vulnerable populations on the ``front lines'' of the fight against
environmental degradation and global climate change.
The communities in my district face the severe consequences of
pollution, urban sprawl, and enviromnental injustice--which harshly
affects people of color and low-income families.
Sadly, this epidemic is hitting our children the hardest. Back home
in my district, children growing up in West Oakland are seven times
more likely to be hospitalized for asthma than the average child in
California.
None of us can afford to take this lightly. The health of our
community and our neighbors affects all of us.
As the Representative of California's 9th Congressional District, I
would also like to take a moment to recognize the role that
California's East Bay is playing at the forefront of the green jobs and
green industry movement.
One of the most exciting and inclusive solutions to the many issues
facing environmental health is the possibility afforded to us by
promoting green jobs training and the growth of the green economy in
America.
A true green economy, one that is sincere in its mission and deeply
rooted in local communities and businesses, can provide innovative
answers to many of the problems our environment faces.
Green jobs provide pathways out of poverty for those most affected by
environmental injustice, namely minorities and our urban youth.
To that end, my office has been working closely with the Ella Baker
Center, and the Apollo Alliance in my district, to expand green jobs
and green job training programs.
I am also working with the mayor of Oakland on a new initiative to
support the development of green model cities that focus on economic
development through green job training academies and to create a
national green institute to serve as a clearinghouse for the green
movement.
While we are convincing long-standing businesses to go green and new
businesses to start green, we must ensure that we are also funding
opportunities to train our local youth and qualify our existing work
force to be able to work in these industries.
I want to end by saying what so many of us deeply understand: over
the last eight years
[[Page 13391]]
the Bush administration has been openly hostile to the environment.
His administration has repeatedly cut funding for the EPA and put
forth disastrous environmental policies that have rolled back
environmental protections and undermined the safety and well being of
our Nation and our planet.
Most recently, the Bush administration has threatened to veto the
House passed H.R. 5351, the Renewable Energy and Energy Conservation
Tax Act of 2008.
This legislation makes critical investments in clean, renewable
energy and energy efficiency that will create hundreds of thousands of
new jobs and help to maintain the United States' position as a leader
in innovation as we move toward true energy independence.
I urge my colleagues to help bring an end to policies that place
corporate profits ahead of the long-term interest of public health and
the environment, and instead work toward a greener and more prosperous
future for the United States and the world.
Mr. TOWNS. Mr. Speaker, how much time do we have left?
The SPEAKER pro tempore. About 4 minutes.
Mr. TOWNS. On that I would like to yield 2 minutes to the gentleman
from Georgia (Mr. Johnson).
Mr. JOHNSON of Georgia. Thank you, Congressman Towns.
Mr. Speaker, I just want to point out the fact that in the short time
that the Democrats have been in leadership in Congress, we've passed no
less than eight bills, passed them on to the President, the President
has either threatened to veto them or vetoed them; and now the
President proposes a plan that will have little or no impact on gas
prices. It will take years to implement, it will threaten the
environment and does nothing to decrease our dependence on foreign oil.
And this is a plan that John McCain opposed as recently as last week
when he made his announcement that he's now in support of this failed
policy. So we look like we're headed for Bush-McCain a third term.
And instead of pandering to the oil industry, the President should
work with this Congress to come up with a plan to address our long-term
energy challenges. And I want to thank you, Congressman Towns, for
leading up this effort. I'm proud to be among my members of my fellow
colleagues in the Congressional Black Caucus because we're showing that
we are broad based. We understand what is happening down home with the
average Americans. And we stand with average Americans, regardless of
what color, regardless of what shape or size or even sexual
inclination. We stand with you because we're all in the same boat
together.
Mr. TOWNS. Thank you.
Let me thank all of you for participating in this Special Order. It
was said earlier on, I think by Congresswoman Lee, that one reason the
food costs have increased along with fuel costs is that fuel is
required to both produce and transport food. So in this regard, the
rise in fuel costs is felt not only at the pump but at the grocery
store as well because people are paying more for our gas.
So I want to thank you for highlighting this tonight because this is
something that we just can no longer stand back and ignore.
Ms. JACKSON-LEE of Texas. Mr. Speaker, if the gentleman will yield, I
want to thank Congressman Towns, and let me extend to my colleagues an
invitation to come to Houston and let us have a summit, a discussion,
beginning discussion for energy and getting a roadmap for energy.
I would like to thank my fellow CBC Member, Representative Tubbs-
Jones for her consistent leadership on the issue of energy. ``I am
proud to have worked with my dear colleague in the CBC on a number of
occasions to promote a most energy responsible America.
We are all painfully aware of the devastation high energy prices have
had on American families. This New Direction Congress, of which I am
proud to be a part, is fighting to reduce our dependence on foreign oil
and bring down record gas prices, and launch a cleaner, smarter energy
future for America that lowers costs and creates hundreds of thousands
of green jobs.
It is undeniable that America, today, is in the midst of an energy
crisis. Just this weekend, Saudi Arabia, the world's top oil exporter,
announced that it will increase oil production by 200,000 barrels a day
to 9.7 million barrels a day staring July 1st in response the current
energy crisis. While this is an important step in the right direction,
it is not enough. At a recent world economic forum in Doha, I called
for Members of Congress and the United States Government to participate
in OPEC's deliberations, in regards to energy production.
I am extremely supportive of the legislation introduced by my
distinguished colleague from Maryland, Representative Van Hollen, The
Energy Markets Anti-Manipulation and Integrity Restoration Act, of
which I am a proud cosponsor. This important legislation would close
the so-called Enron loophole by adding energy to the list of items that
cannot be traded on deregulated ``exempt commercial markets'', as well
as closing the Foreign Board of Trade (FBOT) loophole by forbidding an
exchange from being deemed an unregulated foreign entity if its trading
affiliate or trading infrastructure is in the U.S., and it trades a
U.S.-delivered contract that significantly affects price discovery.
Just last month, I voted to stop the filling on the Strategic
Petroleum Reserve which will help American families by temporarily
diverting the 70,000 barrels of oil that go into the SPR a day, and
consequently has the potential to reduce gas prices from 5 to 24 cents
a gallon, helping American families, businesses, and the economy as a
whole.
There is an undeniable consensus on the importance of America
achieving energy independence in the 21st century. It is critical that
we terminate our dependence on foreign sources of oil, the majority of
which are located in regions of the world which are unstable and in
most circumstances, opposed to our interests. Accordingly, there is no
issue more essential to our economic and national security than energy
independence.
I was happy to vote for the Renewable Energy and Energy Conservation
Tax Act of 2008, which is significant and comprehensive legislation
that will make substantial strides towards energy independence for our
Nation, while also encouraging the development of innovative
technologies, creating new jobs, reducing carbon emissions, protecting
consumers, shifting production to clean and renewable energy, and
modernizing our energy infrastructure.
In addition to being a representative from Houston, Texas, the energy
capital of the world, for the past 12 years I have been the Chair of
the Energy Braintrust of the Congressional Black Caucus. During this
time, I have hosted a variety of energy braintrusts designed to bring
in all of the relevant players ranging from environmentalists to
producers of energy from a variety of sectors including coal, electric,
natural gas, nuclear, oil, and alternative energy sources as well as
energy producers from West Africa. My Energy Braintrusts were designed
to be a call of action--to all of the sectors who comprise the American
and international energy industry, to the African American community,
and to the nation as a whole.
Energy is the lifeblood of every economy, especially ours. Producing
more of it leads to more good jobs, cheaper goods, lower fuel prices,
and greater economic and national security. Bringing together
thoughtful yet distinct voices to engage each other on the issue of
energy independence has resulted in the beginning of a transformative
dialectic which can ultimately result in reforming our energy industry
to the extent that we as a nation achieve energy security and energy
independence.
Because I represent the city of Houston, the energy capital of the
world, I realize that many oil and gas companies provide many jobs for
many of my constituents and serve a valuable need. The energy industry
in Houston exemplifies the stakeholders who must be instrumental in
devising a pragmatic strategy for resolving our national energy crisis.
That is why it is crucial that while seeking solutions to secure more
energy independence within this country, we must strike a balance that
will still support an environment for continued growth in the oil and
gas industry, which I might add, creates millions of jobs across the
entire country.
We have many more miles to go before we achieve energy independence.
Consequently, I am willing, able, and eager to continue working with
Houston's and our Nation's energy industry to ensure that we are moving
expeditiously on the path to crafting an environmentally sound and
economically viable energy policy.
Furthermore, I think it is imperative that we involve small,
minority- and women-owned, and independent energy companies in this
process because they represent some of the hard working Americans and
Houstonians who are on the forefront of energy efficient strategies to
achieving energy independence.
According to the U.S. Minerals Management Service (MMS), America's
deep seas on the
[[Page 13392]]
Outer Continental Shelf (OCS) contain 420 trillion cubic feet of
natural gas (the U.S. consumes 23 TCF per year) and 86 billion barrels
of oil (the U.S. imports 4.5 billion per year). Even with all these
energy resources, the U.S. sends more than $300 billion (and countless
American jobs) overseas every year for energy we can create at home.
I believe that we should mandate environmentally safe and efficient
exploration techniques in the Gulf Coast which energy companies have
demonstrated a willingness and capacity to utilize. By ensuring access
to increasing sources of energy in an environmentally conscious way, I
believe we can decrease our dependence on foreign oil.
I support innovative solutions to our national energy crisis, such as
my legislation which alleviates our dependence on foreign oil and
fossil fuels by utilizing loan guarantees to promote the development of
traditional and cellulosic ethanol technology.
The Energy Information Administration estimates that the United
States imports nearly 60 percent of the oil it consumes. The world's
greatest petroleum reserves reside in regions of high geopolitical
risk, including 57 percent of which are in the Persian Gulf. Replacing
oil imports with domestic alternatives such as traditional and
cellulosic ethanol can not only help reduce the $180 billion that oil
contributes to our annual trade deficit, it can end our addiction to
foreign oil. According to the Department of Agriculture, biomass can
displace 30 percent of our nation's petroleum consumption.
Along with traditional production of ethanol from corn, cellulosic
ethanol can be produced domestically from a variety of feedstocks,
including switchgrass, corn stalks and municipal solid wastes, which
are available throughout our nation. Cellulosic ethanol also relies on
its own byproducts to fuel the refining process, yielding a positive
energy balance. Whereas the potential production of traditional corn-
based ethanol is about 10 billion gallons per year, the potential
production of cellulosic ethanol is estimated to be 60 billion gallons
per year.
In addition to ensuring access to more abundant sources of energy,
replacing petroleum use with ethanol will help reduce U.S. carbon
emissions, which are otherwise expected to increase by 80 percent by
2025. Cellulosic ethanol can also reduce greenhouse gas emissions by 87
percent. Thus, transitioning from foreign oil to ethanol will protect
our environment from dangerous carbon and greenhouse gas emissions.
With its commitment to American biofuels, this legislation calls for a
significant increase in the Renewable Fuels Standard. It encourages the
diversification of American energy crops thus ensuring that biodiesel
and cellulosic sources are key components in the America's drive to
become energy independent.
By investing in renewable energy and increasing access to potential
sources of energy, I believe we can be partners with responsible
members of America's energy producing community in our collective goal
of reaching energy independence.
Mr. TOWNS. Mr. Speaker, the balance of the time I yield to the
Congresswoman from Jacksonville, Florida, (Corrine Brown).
Ms. CORRINE BROWN of Florida. Mr. Speaker, I first of all want to
thank Congressman Towns for hosting this energy information
transportation session today.
And I was very excited last weekend that I was in your district, and
I was able to ride the train from Union Station to downtown New York.
That distance, I was able to do it in 2\1/2\ hours, and the goal of our
Transportation and Infrastructure Committee is to be able to do it in
less time.
Mr. TOWNS. From Washington to New York 2\1/2\ hours?
Ms. CORRINE BROWN of Florida. That is right. And we want to do it in
2 hours.
But the key is we were able to do that, and I was able to take that
train ride and read and contemplate what we've got to do. We've passed
the Amtrak bill. We've got to move this country forward, and I want to
thank you for your leadership on this issue.
We've had our heads in the sand long enough on the issues of global
warming, and I'm glad that the House Leadership is making this issue a
top priority. You only need to look at the constantly rising gas prices
to understand why we need to focus on energy independence.
My home State of Florida is particularly vulnerable to weather
pattern changes brought about by climate change. Florida on average
sits just 98 feet above sea level and each year battles hurricanes with
increased frequency and intensity.
Fortunately, the Transportation and Infrastructure Committee is
taking the bull by the horns and looking at ways that we can decrease
the negative effect our transportation system has on the world's
ecosystem.
One simple way to do this is increasing the use of passenger and
freight rail. Freight railroads have made major gains in fuel
efficiency through training and improved locomotive technology. A
single intermodal train can take up to 280 trucks off our highways.
Today, one gallon of diesel fuel can move a ton of freight an average
of 414 miles, a 76 percent improvement since 1980. And General Electric
will soon unveil the world's first hybrid locomotive.
Passenger rails' ability to reduce congestion is well known, with
ridership numbers increasing steadily each year. One full passenger
train can take 250-350 cars off the roads. Passenger rail also consumes
less energy than automobiles and commercial airlines. But we need to
get people to wake up and start making passenger rail a priority in
this country.
Unfortunately, this also brings up the bigger issue of capacity and
what we are able to accomplish with the limited rail capacity that
currently exists in the United States. We need to find a dedicated
source for increasing rail capacity and we need to do it now to prepare
for the future.
This may not be an easy task, but it is the right thing to do for
future generations.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise to urge
Congress to enact legislation to lower gas prices and invest in
alternative energy.
In Texas, the price of a gallon of gasoline has risen more than $1.05
in the past year.
No one drives more than Texans do. With thousands of miles of
highways and cities located far from one another, efficient
transportation is frequently on our minds.
Nationwide, gas prices have risen from $2.20 per gallon in December
2005 to $4.10 per gallon on June 19, 2008, according to the Energy
Information Administration, the entity that collects official energy
statistics for the United States Government.
Gas prices are hurting our local families. Citizens must make tough
economic choices because of the crippling effect that high gas prices
is having on their lives.
Congress must show leadership and take action to address this problem
of high gas prices.
Congress should work toward the goals of long-term energy solutions
that promote economic and environment stability.
We should invest in research to reduce our dependence on fossil
fuels. Wind-, solar-, hydrogen-, nuclear-, and geothermal energy
sources are all viable options that should be considered.
We should mandate stricter fuel economy standards on all automobiles.
We should utilize alternative fuels that are environmentally
sustainable.
We should incentivize the use of public transportation and improve
our transportation infrastructure.
We should conduct stronger oversight to determine if gas prices are
being artificially inflated.
My years on the Transportation and on the Science Committees have
heightened my sensitivity to this subject of rising gas prices.
I have worked to help these committees pass legislation that:
Funds research for environmentally-friendly highway materials;
Secures dollars for our local transportation infrastructure; and
Supports research on alternative fuels, plug-in hybrid cars,
hydrogen, ethanol, and other energy sources.
In Texas, we spend a lot of time in our cars. High gas prices are
particularly impactful to our economy.
There is no simple or quick solution to this problem of gas prices,
but Congress must show leadership and take action to address it.
Mr. Speaker, I am concerned about my constituents. They are asking
for relief from escalating gas prices, and I want to be proactive.
The time to act upon this issue is today.
Mrs. JONES of Ohio. Mr. Speaker, I am pleased to stand here tonight
on behalf of the Congressional Black Caucus and we discuss the current
energy crisis we are facing and the rising gas prices that continue to
take a devastating toll on Americans. As we head into the summer
months, the Congressional Black Caucus felt it's important to shine a
light on this growing problem. More importantly, we wanted the American
public to know that the CBC is taking important steps to combat these
issues through our CBC Energy Task Force.
I along with the CBC have been working hard to reduce our dependence
on foreign oil and bring down record gas prices, and launch a cleaner,
smarter energy future for America
[[Page 13393]]
that lowers costs and creates hundreds of thousands of green jobs.
In an effort to combat soaring gas prices, which are currently
hovering around $4.00 a gallon, I joined with a number of my colleagues
in supporting legislation to temporarily suspend the filling of the
Strategic Petroleum Reserve, SPR, until the end of the year. Filling of
the SPR takes 70,000 barrels of oil off the market each day and a
temporary suspension could reduce gas prices from 5 to 24 cents a
gallon, which would be a critical first step for America's families,
businesses, and the economy.
The Strategic Petroleum Reserve is roughly 97 percent full--the
highest level ever--with enough oil to meet our national security
needs. Currently, we have more in SPR, than we did in 2006 (702 million
barrels vs. 688 million in 2006) and the inventory exceeds our
International Energy Program commitment to maintain at least 90 days of
oil stocks in reserve including private and public stocks.
The SPR has been tapped or suspended before by President Bush,
President Clinton, and the first President Bush. In 2000, after such
action, the price of oil dropped down by one-third--from $30 to $20 per
barrel.
In addition to this initiative, I have and continue to support
legislative action on gas prices including: holding OPEC, controlled
entities and oil companies accountable for oil price fixing, cracking
down on oil price gouging and repealing subsidies for profit-rich ``Big
Oil'' companies so we can invest in a renewable energy for the future.
Additionally, the CBC has been working diligently on the issue of
climate control. We recognize the importance of protecting our
environment by transitioning from traditional energy sources, such as
coal and petroleum, to clean sources, such as bio-fuel, wind, and solar
energy. I am a strong supporter of putting more resources into creating
alternative energy sources. When we invest in these alternative energy
sources it also benefits our increasingly fragile environment.
Additionally, the new energy sources will create much needed green
jobs. According to the Union of Concerned Scientists, Ohio stands to
gain approximately 7,360 new jobs from renewable energy development.
These jobs will be beneficial to both our economy and our environment.
I thank Representative Towns and the entire CBC Energy Task Force for
their leadership on this issue.
Mr. TOWNS. Thank you very much, Mr. Speaker.
____________________
ENERGY POLICY
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 18, 2007, the gentleman from Ohio (Mr. Latta) is recognized for
60 minutes as the designee of the minority leader.
Mr. LATTA. Thank you very much, Mr. Speaker. I appreciate the
opportunity on this special order this evening to talk about a very,
very important issue that's facing this country, if not the most
important issue, and that is energy.
We have several Members this evening that will be addressing the
House to talk about the energy policies, or lack thereof, in this
country. And the first gentleman that I would like to recognize is the
gentleman from Virginia (Mr. Wittman).
Mr. WITTMAN of Virginia. Mr. Speaker, I thank the gentleman from Ohio
for yielding.
Mr. Speaker, as I drove around the district today, I got to speak to
a number of folks, in fact, even over the weekend; and the number one
issue on their mind is our energy policy in this Nation. And they asked
me, Rob, what are we going to do about fuel prices? What are we going
to do about making sure that we have the long-term interests of this
country at heart when we develop this energy policy?
You know, I get to experience that every day. I'm privileged to live
close enough to the Capitol here where I commute back and forth every
day. I live in a little town that's about 80 miles from here, and I
drive that every day. So I get to know what the cost of gas is, and I
can really relate to folks back in the district when they ask me, What
are we going to do about making sure that we have a good, comprehensive
energy policy and making sure that we address fuel prices.
For me, it is about an 80-mile commute, and it is very similar to
other folks who live back in the district, whether they live in the
upper part of the district in the Fredericksburg area or down in
Hampton Roads. Many of them commute day after day. They have to deal
with the cost of commuting to get to their work. And they also have to
deal with that as they commute to take their families, whether it's to
school or whether it's to after-school activities for their children.
It's really putting a crimp in their budgets, and they are very, very
concerned.
As I drive through the district, I get to see the price of gas each
day, and it ranges anywhere from $4.10 a gallon up in the Washington
metro area down to $3.83 a gallon down in the Tappahannock area. So I
know the range of fuel prices in the district, know where the best
places are to buy fuel. But it's still extraordinarily expensive for
people. And that really makes it difficult on them. It really puts a
crimp in their budgets. It creates challenges for them, and it creates
hardships for them. And that's something that they say, Why isn't
Congress acting? Why aren't you coming up with a solution for these
real problems that we have to deal with day in and day out?
And it's frustrating for them. They watch a Congress that really kind
of stumbles and doesn't do anything. And I can understand their
frustration and understand why they are frustrated with us.
You know, I would like to relate a couple of different stories.
Earlier in the district, I spoke with some folks in the
Fredericksburg area, the Sherman family, and they run a small business,
and they rely on diesel trucks in their business. And they said, Rob,
we bought diesel trucks for a specific reason. We bought them because
of the hauling that we have to do, and diesels are more economical as
far as hauling and heavy work. And diesel fuel, when they first bought
those vehicles, was less than gasoline. And now we know today diesel is
significantly more expensive than gasoline, and they're frustrated.
They said, We made that decision. We made that decision based on good
business sense, and now today their business is being affected by that.
{time} 2045
In fact, they're having to park their trucks, and it's cutting into
their business. So not only is it costing them more to operate, but
they also have to make up for that by parking trucks, which reduces the
amount of business that they're able to do and affects their bottom
line. So not only are they in a situation of having to deal with higher
fuel prices, but their margins get pressed, and they do less business
because of these higher fuel prices. And they said, Rob, we can't stand
that for very long. This really is going to affect what they're able to
do.
So we don't have businesses that are growing. We have businesses that
are retracting, and they're asking me, Rob, what are you going to do?
Why isn't the Congress coming up with a sensible energy policy? And why
isn't there a sense of urgency?
You know, folks are saying, look, this is something that affects us
day in and day out. We want to feel like Congress has a sense of
urgency and is going to Washington to get things done. And they don't
want us to sit by idle. They are tired of words. They want action, and
I can't blame them.
You know, we have the opportunity to work together to develop a
comprehensive energy policy that provides relief to consumers for these
high gas and diesel fuel prices and also addresses the issue of our
reliance on foreign oil.
A lady today told me she had a great analogy, and I think it's
perfect. She said, Rob, did you ever see the movie ``Apollo 13?'' And I
said, yes, I did. She reminded me of a scene there where, as the
command module and the service module were going to the moon, there was
an explosion in one of the oxygen tanks there, and it damaged the
primary oxygen tank, which was there to fuel the rocket to send it to
the moon. So, obviously, they cut that trip short. But then all the
members of the crew, the three members had to move to the command
module, and the command module wasn't designed for them to stay in
there. You know, those command modules had scrubbers to take
[[Page 13394]]
out carbon dioxide, these lithium oxide scrubbers, and they weren't
designed to keep folks alive for 4 days.
So what happened? They called back to mission control, and the folks
in mission control went to the engineers, and they went together and
they put together all the pieces of equipment that they had on board in
both the service and command modules, and they put it in a box and they
took it in the room with the engineers, and they dumped those items on
the table, and they said, come up with a solution to the problem. And
they gave them a very specific time limit because obviously their
oxygen was going to run out. And those engineers took that time and
they came up with an idea, and they solved that problem which assured
that those astronauts got back to Earth alive.
That's the same sort of spirit of ingenuity to solve problems that we
need to bear with this energy problem. We can do it. We've seen that.
We've seen that American ingenuity come to light. We've seen it solve
problems, and we know with this particular situation we can put
together a comprehensive energy policy that includes everything. We
need to put everything in that box, just like those Apollo engineers
did, and put it on the table and say let's develop a comprehensive
energy policy for this country.
And again, it has to include everything. We have to make sure that we
look at domestic sources of energy, again to create energy
independence, and looking at our refining capacity to make sure that
meets our future needs.
You know, we have vast resources here of energy. We need to make sure
that we bring those things to the table, whether it's oil shale out
west, oil sands, oil and natural gas in the Outer Continental Shelf.
And we can do those things, and we can do those things in an
environmentally sound manner. We have the technology to do that to make
sure that we don't harm the environment, at the same time creating
energy independence for this country. And we do have that ability.
Whether it's in ANWR, whether it's offshore, or oil sands, or oil
shales, we need to be doing that.
You know, we haven't constructed a refinery in this country in over
30 years. We need to do that. We have the ability to do that. We have
the ability to create and build environmentally sensitive refineries
and develop our energy here in environmentally sensitive ways.
You know, at the same time, it's critical that we encourage the
development of clean energy sources, again, all different parts of the
puzzle, and we need to bring those pieces together. We need to look at
clean energy sources like wind, solar, hydroelectric, geothermal power.
The technology is there. The technology is really developing at this
particular point. We need to make sure that we enhance that, that we
encourage that.
You know, environmentally friendly power production needs to be part
of our portfolio, too, in addition to conservation. You know, I think
we all agree that development of our domestic sources has to be part of
the puzzle, but we can't take that off the table. It has to be part of
what we do in this suite of available resources that we have to solve
our energy problems here and to come up with a comprehensive energy
policy.
You know, it's that energy policy that's going to determine the
health of our economy in years to come. We have to conserve. We have to
look at alternative and renewable sources of energy. We have to look at
the existing sources that we have here. We have to look at nuclear
power. We have to look at every available means to make sure that this
country can meet its energy needs and to create energy independence.
You know, we have to really ramp up the effort for research and
development, not only of these resources, but of conservation and of
other sources of energy. And we have to do that aggressively, in
addition to aggressively pursuing the sources of energy that we have
already. And we can incentivize conservation, and we can make sure that
we encourage the use of more energy efficient equipment, in addition to
developing our domestic sources.
So, again, we have to look at an across-the-board comprehensive
energy policy and realize that there's no silver bullet for increasing
gas prices. You can't just say we're going to do one thing and that's
going to create a solution to this problem. We have to, just as the
Apollo 13 engineers did, put everything on the table, put everything in
that box, and then put that on the table for us to solve these issues.
But the American people are looking for Congress to take clear-cut
action to try to solve this problem, and they expect us to work to come
up with that policy. They expect us to hear them, to literally feel
their pain, and to make sure that we get things done here. They want to
make sure that we're investing in these clean sources, in addition to
investing and making sure that we develop the sources that we have here
in our continental United States.
And you know, we should not cut off resources within our borders. I
mean, we have that available. We don't see other countries throughout
the world saying, well, we have these resources and we're not going to
use them. And you know, we're in a world economy where we're competing
against those other nations, and those other nations are buying energy
abroad. They're developing their own sources. If we are going to
compete with those economies, we cannot neglect the resources that we
have here. We have to make sure that we have those resources available
for us just to be able to compete.
I know there's some folks that say, well, you know, that's not going
to come on line for 2, 3, 4, 15, 20 years down the road. Well, we need
to do this now because it does have an effect on price. We all talk
about speculation in the market, and speculation is based on the
expected supply, and if the expected supply goes up because the United
States develops its own sources, that will have an effect on prices, in
addition to the effect on prices that conservation and other
alternative sources will have. So we can multiply that effect if we
make sure that we don't take anything off the table in developing this
energy policy.
And you know, as I said, I know that we as Members of Congress have
an obligation to act, and the American people demand that we act, and
they demand that we take a comprehensive look at what we do to address
these energy needs, and we come up with a comprehensive energy policy.
You know, we had the opportunity years ago when we went through an
energy crisis to develop a policy, and we didn't. Now, we have a
renewed opportunity to do that and do what's best for the American
people. They demand it. They tell me every day the things that I need
to be doing as a Congress Member, and they say, look, you and your
colleagues need to be doing that across the board.
So I think we need to make sure that we're cognizant of what the
demand is and what the requirement is from the American public on what
we should be doing here, and that's a comprehensive energy policy that
includes everything.
Again, we need to take that Apollo 13 box, dump it out there, and say
let's have at it, let's create a comprehensive energy policy that
ensures the long-term economic viability of this country.
I can tell you, we can no longer afford to wait, and my constituents
demand that as well of every other Member of Congress. Now is the time
to create a comprehensive energy policy, taking all the tools that we
have.
Mr. LATTA. I thank the gentleman for his statement on energy policy
in this country.
I'd like to next recognize the gentlelady from Minnesota,
Representative Bachmann. Good evening.
Mrs. BACHMANN. I thank Representative Latta. I appreciate your
leadership on the issue of energy, and although you are a brand new
Member of Congress--you haven't been here for a long time--you've shown
just extraordinary leadership on the issue that's probably facing more
Americans today than any other, and that's the dramatic increase in the
price of energy, and I know how passionate
[[Page 13395]]
you've been on this issue. You've worked tirelessly in your district,
and the people of your district in Ohio are fortunate to have you as
their representative. Thank you so much for working so hard on this
issue.
It's one, Mr. Speaker, that I believe probably every Member of this
body is hearing from their constituents over and over and over again. I
know that I have as well. I had conducted a meeting with several
members of my community who own gas stations, independent owners of gas
stations. And one thing that they told me that broke my heart, they
told me that they are seeing 30 percent fewer sales at the pump, and
they're also seeing 30 percent fewer sales inside their store, and
they're hurting.
One gentleman told me that normally he would spend $10,000 to
purchase the gasoline that would go into the ground in the holding
tanks, $10,000, and that's money that's out of his pocket, sitting
there in inventory until it can be sold. And he said, now, I pay
$40,000 to have that inventory in the ground, and now sales are 30
percent less. And so he has more money in the ground, not producing for
him, at a higher and higher price level, and he said this is eating up
my entire profit margin. There are people going out of business.
And so what he told me is we've got to do something to get gasoline
back down from its $4 a gallon, and that's what we're about here
tonight to say there's very good news on the horizon.
It's doom and gloom when you wake up in the morning and you see and
you hear on the radio and you see when you drive to the gas station
what the price at the pump is. But the good news is, there is an
answer, and America can go back to $2 a gallon gasoline or less. It's
entirely possible.
Why? Because we have the answer right here in our country. We are
standing on our own solution. We have energy that's available to us, 86
billion barrels, that's according to our own United States department,
86 billion barrels of energy right now that's available to us in the
form of oil in the Outer Continental Shelf area.
We have over 10 billion barrels of oil that's fully recoverable up in
the arctic energy slope. This is an area of land that Congress
originally set aside specifically for the purpose of accessing that
energy through drilling to bring back down to the United States. I had
the privilege back in the mid-1970s of working two summers up on the
Aleutian Chain in Alaska. That's when the Prudhoe Bay, Alaska, trans-
Alaska oil pipeline was built. That oil pipeline is currently up. It's
running, but it is only half full.
With very little effort, we could actually tap into that oil
pipeline, the 10 billion barrels that we know are already in Alaska,
and we could fill that pipeline. Rather than having it half empty, we
could fill it and bring down another million barrels of oil a day.
And Mr. Speaker, 1 million barrels of oil a day translates into 27
million gallons of gasoline, and that would mean a 50 percent increase
in American reserves than we're already tapping today. That's just
those 10 billion barrels. That doesn't include the 85 billion barrels
that are also available in the Outer Continental Shelf in the deep sea
energy reserves that America only has.
But Mr. Speaker, I think most Americans aren't even aware that
America is the only country in the world that has voluntarily made it
illegal to access its own energy. That's right, Mr. Speaker, we are the
only country in the world that's made it illegal to access our own
energy.
Congress caused this problem. The problem is not OPEC and the problem
is not speculators. The problem is the United States Congress. I
believe part of the reason why we are seeing Congress's approval
ratings at an astoundingly low 12 percent is because Congress has
chosen to make it illegal to access the answer that we need, and that's
our own energy resources.
Here's another great fact. In the gulf coast region, we have what is
probably the world's largest reserve of natural gas. We have 420
trillion, 420 trillion cubic feet of natural gas that's available to us
right now off the shore in the Gulf of Mexico. We can access this, and
we can bring natural gas into our country, use it to fire up our
electrical grid, and also, we could even change our cars and buses, run
them on natural gas as well.
{time} 2100
America also is home to 25 percent of the Earth's supply of coal
right here in the United States, almost an unlimited supply. We have
clean coal technology today that's available to us that can process
coal and transmit that almost unlimited supply of energy all across the
United States.
And as well, nuclear energy. I have a nuclear energy facility in my
home district in the Sixth Congressional District of Minnesota, Mr.
Speaker. And I'm so grateful we have that because nuclear power
supplies almost 20, 25 percent of Minnesota's energy needs. It's a
clean, safe, reliable form of energy, and it has zero emissions. I am
so excited about this wonderful technology, but unfortunately, Mr.
Speaker, again, Congress has made it illegal for us to be able to tap
into this wonderful source of energy.
Whether it's nuclear, whether it's coal, whether it's natural gas,
whether it's the oil reserves that we have, America has the answer. In
fact, this is the industry that we can tap into right now. We don't
need to find a magic bullet or a magic alternative. This is energy that
we have available to us today that we could tap into today so we can
see the American people very soon get back to paying $2 a gallon.
One thing that happened not too long ago was this body, the United
States Congress, sent out stimulus checks to Americans all across the
country. Why, Mr. Speaker? Because people in the United States Congress
were worried about the economy, so we went to the United States
Treasury and we wrote checks that are still being sent out to Americans
all across this country. Why? We wanted to encourage Americans to spend
money to stimulate the economy.
Do you know what I believe the greatest stimulus would be to
Americans? It would be to get gasoline back to $2 a gallon. And it's so
possible. It was just about 18 months ago that the Democrat majority
took over in this body. And when they took over, gasoline, on average,
at the national level was $2.33 a gallon. Mr. Speaker, that average
today is about $4.07 a gallon. That's a dramatic increase in the price
of gasoline, unheard of increase in the price of gasoline. It took us
25 years in the United States for gasoline to go from $1 a gallon to $2
a gallon. And just in the time that the Democrats have held the gavel
they have taken this country from $2.33 to $4.08 a gallon.
I was listening to the previous discussion that occurred, and I heard
some suggestions about why the price of gasoline has gone up so
dramatically. And I find it interesting, because if you look at the
votes from 1994 until today, this Congress has already voted on whether
or not we should explore in ANWR. We voted on it. In fact, the
Congress, back in 1995, sent a bill to President Bill Clinton to say
that we should be drilling in ANWR. The House passed that bill, the
Senate passed that bill. Unfortunately, it was President Bill Clinton
that vetoed that bill; otherwise, we would have already been drilling
in ANWR. We wouldn't be in the pickle that we're in today.
But this is the vote and these are the facts. I'm not trying to be
partisan because we need to come together, as Democrats and
Republicans, and solve this problem now because Americans are feeling
real pain and the economy is reeling over energy prices. But here's the
facts, Mr. Speaker. This is a fact. Any American can go and find out
what the voting has been on ANWR exploration, of bringing energy down
from Alaska.
Ninety-one percent of Republicans have voted to explore in ANWR and
drill for oil in ANWR, 91 percent; 86 percent of Democrats have opposed
drilling. And that hasn't changed today because we already know what
the Democrat plan is for energy, they've made it abundantly clear. It
is very simple. Their plan has been, let's have the United States
Government--that created this problem--take over the oil
[[Page 13396]]
industry and nationalize oil refineries. That's what they said last
week at a press conference, let's nationalize oil refineries. Well,
that's not a new idea, but it's not an American idea. And that's not an
idea that the American public wants us to embrace. They don't want us
to embrace socialism. But that's what we heard Democrats say last week.
Here's the other part of their plan: It is, drive less and pay more.
Drive less and pay more. That's not what the American people want. But
Senator Obama, the nominee of the Democrat party, just recently said it
isn't the high price of gasoline that has him worried, it's how quickly
that price went up. Well, I'll tell you one thing, Congressman Bob
Latta, Congressman Paul Broun and also Congressman Rob Wittman, who was
on the floor tonight, it's the high price of gasoline that's bothering
us.
Republicans don't want to see gas at $4.08 a gallon, or $5 or $6--or
whatever that price could be by the end of summer. We don't want it
that price because we know for a fact we can get gasoline back down to
$2 a gallon or less very simply if all we do is explore what we already
know we have. We've got the resources, we've got the technology. We can
do this thing, we're Americans. We're Americans, and we can do this,
just like Congressman Wittman said, like we did with the Apollo 13. We
can do this, and it's exciting.
We don't have to go with the Democrat agenda, which is, nationalize
the oil industry, take over the oil refineries. We think the United
States Government--who didn't do such a great job at Walter Reed
Hospital--is going to be brilliant and bring down the price of gas by
taking over oil refineries? I don't think so. I don't think that's who
I want to trust, not with the American people saying that we have a 12
percent approval rating; I don't think they would trust us either.
And I don't think the American people want us to drive less and pay
more. I think what the American people want is what the Republicans are
offering. And that's why I'm so grateful to Congressman Latta tonight
for sponsoring this important hour on energy. Because what Congressman
Latta is trying to let the American people know is that we can get back
down to $2 a gallon of gas or less if we open up the key to our own
answer, which is, open up America's supplies and do it in a clean,
safe, environmentally sensitive way, which we've already done.
How do I know that to be true? Because the United States was one of
the only countries in the world last year that actually reduced its
emissions. That's right, Mr. Speaker, the United States is one of the
only countries in the world that reduced its emissions. All these other
countries that signed onto the Kyoto Treaty, the EU, that signed onto
this elaborate, bureaucratic-driven cap and trade system, their
emissions all went up, ours went down. What's the difference?
We, in this country, believe in freedom. We believe in freedom and we
believe in free markets to solve our problems. And they do, free
markets solve the problems. It's not socializing our oil industry like
the Democrats have suggested. It's not sitting home, putting a sweater
on, turning our thermostat down, that's not going to solve the problem.
It's not going to be paying more at the pump; that's not going to solve
the problem. It is unleashing American ingenuity and finding these new
sources of supply, which we already have, with technology that we
already have, and bring the supplies in so we can make it happen.
I am so excited about what Congressman Latta is doing. And I just
want to end now with these other statistics, and they're very simple.
House Republicans voted 97 percent of the time to have coal-to-liquid
technology, to give us more oil at cheaper prices. Democrats opposed it
78 percent of the time.
Oil shale exploration. The United States is the Saudi Arabia of oil.
We have more oil just in Colorado, Utah and Wyoming than all of Saudi
Arabia, over 1.3 trillion barrels of oil. Republicans said yes, let's
explore that oil 90 percent of the time. Democrats opposed exploring
that oil 86 percent of the time.
Outer Continental Shelf, where we have 86 billion barrels of oil.
House Republicans voted 81 percent of the time, let's explore, let's
access that energy. Democrats, almost the flip, 83 percent opposed
exploration.
On refinery increase. Because, you know, we had over 300 refineries
not too long ago in this country, we're now down to somewhere near 150
refineries. The Republicans voted 97 percent to increase the number of
refineries, Democrats opposed it 96 percent.
I don't take any glory in reading those numbers, but if you average
them all together, over 90 percent of the time, Mr. Speaker,
Republicans have voted to explore American energy, explore it now so
that Americans can pay less. That's our answer. We're not new to this
dance. This has been the answer that Republicans have been giving since
1994. That's the answer we want to have. Democrats, since 1994, almost
90 percent have said no, let's not access American resources; in fact,
let's make it illegal to access these resources. Well, that's not what
the American people say.
Mr. Speaker, over 70 percent of the American people have had it up to
here. They're seeing their lives change; they're seeing jobs lost, jobs
sent overseas. They want us to explore here, explore now, so they can
pay less.
And, Mr. Speaker, we agree with the American people. And Congressman
Latta is leading the charge tonight to let the American people know
that we're with them, we're in their corner. We don't think they are
the problem. We think the American people are way out in front on this
solution.
So I yield back, Congressman Latta. I yield back because I can't wait
to hear what more you have to say on this issue. And thank you for that
opportunity.
Mr. LATTA. Well, I thank the gentlelady for yielding back, and also
for her enthusiasm and her knowledge of this subject because this is
what we have to do in this country because we've got to get the word
out to the American people. But as you said, the American people are
actually far ahead of Congress right now and they know what we need to
do. So I just want to thank you very much for your eloquence tonight on
your statement.
At this time, I would like to yield now to my good friend, the
gentleman from Georgia (Mr. Broun), to speak on energy.
I appreciate your being here this evening. Thank you.
Mr. BROUN of Georgia. I thank my good friend for yielding, and I
appreciate what you're doing tonight.
Energy is the lifeblood of the American economy. Our economic
prosperity is closely tied to the availability of reliable and
affordable supplies of energy. Unfortunately, U.S. energy production
has grown only 13 percent while energy consumption has increased 30
percent since 1973.
According to AAA, the average American is paying over $4.07 per
gallon for gasoline today. Instead of traveling to spend time with
loved ones, record gas prices will keep many Americans home this 4th of
July weekend.
Skyrocketing gas prices and a risky dependence upon fuel supply by
volatile foreign nations highlight our need for an American energy
policy that emphasizes production and decreases our reliance upon
foreign oil.
Many here in Congress bemoan America's addiction to foreign oil, yet
they refuse to allow access to American oil and gas supplies necessary
to cure this addiction. America has been blessed with abundant natural
resources, and we should not be hesitant to tap into them, especially
at a time when energy cost is so high.
We've heard time and time again about how drilling off the coast in
the Outer Continental Shelf will harm the environment. This is pure
hogwash. Hurricanes Katrina and Rita destroyed or damaged literally
hundreds of drilling rigs without causing the spill of a single drop.
Yet congressional Democrats continue to pander to the far left
environmental whackos instead of mending the pains of hardworking
Americans.
We cannot even drill for oil or gas 200 miles off our own shore.
Meanwhile,
[[Page 13397]]
communist China and Fidel Castro's communist Cuba are moving forward
with plans for drilling for oil and gas only 45 miles off of the shores
of Key West. Liberal Democrats have also prevented any access to the
billions of barrels of oil located in ANWR.
The entire area of ANWR is larger than the combined areas of five
States--Massachusetts, Connecticut, Rhode Island, New Jersey and
Delaware--yet the proposed drilling area is equal to one-sixth the size
of Dulles Airport here in Washington, D.C.
Development of American oil and gas on these lands will help bring
the price down and help break the stranglehold on energy that hostile
countries in the Middle East enjoy. And this can be done in an
environmentally sound manner and should be immediately implemented.
The environmental groups haven't allowed a new oil refinery to be
built in the United States for decades, about 30 years. It does little
good to increase our use of domestic supplies of oil when we do not
have the refinery capacity to quickly convert it into a useable form,
gasoline. Members on both sides of the aisle need to stand up to these
fringe groups and implement policies that encourage the construction of
new refineries in the United States.
Liberals also suggest mandating ethanol and renewable fuel production
and selling it as the answer to America's energy needs. The 2007 ``non-
energy'' energy bill, or ``lack of energy'' bill has already proven
that the Democratic solution is wrong, dead wrong. Mandating the
production of renewable fuels has only led to an increase in world food
prices. It is, at best, disingenuous, and at worst, an outright lie to
say that renewable fuels can meet America's needs in the near future.
{time} 2115
As a good southerner, I love my cornbread and grits. It makes no
sense to me to put corn in the tank of my pickup truck.
Energy prices are soaring, and the financial pain that families are
feeling at the pump is forcing them to decide what they can and cannot
spend. Congressional Democrats act as if they have been living under a
rock by continuing to ignore the demands of the American people and
refusing to do anything to lower these burdensome prices. Skyrocketing
gas prices and a risky dependence on fuel supplied by volatile foreign
nations highlight our need for an American energy policy that
emphasizes production and decreases our reliance upon Middle Eastern
oil.
The United States is the only nation on Earth that forbids
development of its own natural resources. Listen to me. Right now
America is drilling for ice on Mars; yet we cannot drill for oil in
America. That makes no sense. It's idiotic. It's stupid. We must drill
on our own lands and we must do it now. We must streamline our oil
refinery processes, and we must end our dependence upon Middle Eastern
oil.
Our energy prices were not created overnight and will not be solved
overnight. Congress must act swiftly to address this growing energy
crisis. America's energy policy must make us stronger and less reliant
on countries that are hostile to freedom. Passing any so-called energy
bill that fails to produce even a single kilowatt of new energy or
produce a gallon of gas is not a solution. We must pass legislation
that will allow for responsible use of our known American supplies of
energy, that reduce excessive and burdensome environmental policies,
and that encourage the development of alternative forms of energy. We
need to increase nuclear power. It's the only thing that has proven to
be incredibly safe. It's a successful source of energy, and it's the
only thing that makes sense economically.
I stand ready to fight for this, and I encourage my colleagues to do
the same.
Mr. Latta, I appreciate your working tonight to bring this issue
forward. It's absolutely critical for the American public that we stop
this dependence upon Middle Eastern oil. These countries want to
destroy us. They hate our freedom. They hate our market system. They
hate everything that we stand for. They even hate women. They want to
use them as tools. And yet we are funding these countries that want to
destroy us. It makes no sense. We have got to develop an energy policy
that makes sense economically, environmentally, and makes us not
dependent upon these countries that want to destroy us.
I highly commend your effort tonight. I am glad to have joined you
tonight, and I look forward to working with you and the rest of the
Members.
Congresswoman Michele Bachmann, I just love you and I appreciate your
passion and your fervor in fighting for change in our policy. It's
absolutely critical. So I applaud your efforts. I know last week I saw
you fighting down here on the floor again for the same issues, and I am
at awe of your fervor towards this. But we must end our dependence on
foreign oil, and I appreciate both of you as well as Congressman
Whitman's participation tonight in this Special Order. Thank you so
much, and I just praise God for you and your efforts tonight.
Mr. LATTA. Thank you very much, my good friend from Georgia. I really
appreciate your being here tonight. And, again, what you say is
absolutely what we have to be doing in this country, and I appreciate
it. And, again, as we said a little bit earlier, the American people
back home get it, but we are not getting it down here in Congress. So I
appreciate your words this evening.
Mr. Speaker, we aren't listening to the folks back home. I got home
on Friday night from Washington at about 8 o'clock, and gas down at the
local gas station was $4.03. I had to speak at our Buckeye Boys State,
which was going on at Bowling Green State University on Saturday
morning, and I attended one of my county fairs that day and also went
to an event at Bowling Green State University that evening. And the
only topic that people are talking about right now is what are we going
to do in this country about the high prices of fuel? And, again, they
understand there's a problem, but, unfortunately, here in this Congress
there is a real question if we actually are getting it.
My district, the Fifth Congressional District, is kind of unique in
that we are number nine in manufacturing in the entire United States
Congress, ninth out of four hundred thirty-five.
What made this country great was the Industrial Revolution. After the
Civil War, we watched what happened as the country took off. We had a
situation where we had the resources, we had the people, and we were
able to produce a product that the rest of the world wanted. And we did
great. But the big thing we have to look at today is that energy equals
manufacturing, which equals jobs for Americans, and if we are not going
to be doing that, we're in trouble.
Another great privilege and honor that I have got out there, I am
able to go around my district and go to the manufacturing facilities
and talk with a lot of the people that are working in these plants. And
one of the questions that I always ask them right upfront is how many
miles do you drive to work? or how many folks do you have that are
driving out of the area? It's not uncommon to hear 30, 40, 50 miles one
way for people to come into work. So you multiply that out, and some
people driving 500 miles a week. And some people are saying to me, you
know what? There's a real problem out there. What happens when gas gets
to the price that I'm not going to be able to afford to drive to work
and it's not going to be sound for me to do that? We have got a real
problem. We have got a real problem. Because the Fifth Congressional
District is 140 miles east to west. It's not as large as going to
Montana or Wyoming or some other spots in Iowa or some of the other
States. But when you're driving that many miles to work, people are
going to start asking, is it worth it for me to actually get to work?
At the same time, we have a lot of different manufacturing facilities
in Northwest Ohio. We also have certain very unique ones. We have a
float glass plant in my district. Five years ago
[[Page 13398]]
their costs were around $10 million; today they are $30 million. There
are 40 of these facilities being constructed in China today. Their
labor force is cheaper. So when we are competing with cheaper labor
compared to our more highly skilled labor, but at the same price of
fuel, let's just say, they are going to win because their prices are
cheaper. We can't have that happen.
The other thing we have in Northwest Ohio, I come from the largest
farming area in Ohio, and when you're looking at the farmers today,
they have been planting corn and soybeans, and they are getting ready
in the near future to be out there and are going to be harvesting that
wheat. But it costs money. It costs a lot in diesel. It costs in
chemicals. It costs in fertilizer. And this is all from the same thing,
and all of it is coming from petroleum. So when people say they are
getting X number of dollars for a bushel of wheat or beans or corn,
you've got to look at what that production cost is. And it's rising.
And not only is it rising for the farmers and the manufacturers, but
also for that man and woman going into that grocery store every week to
try to make sure they have food on the table for their family. The
costs are going up.
In Ohio 80 percent of all the goods that are delivered are delivered
by truck. We don't have a rail system. We don't have a metro system. We
don't have a bus system. People in my area, if you're going to get
someplace, you can't walk. You can't ride a bicycle. You've got to get
in that automobile and get to work or get to that store. So we have to
make sure that folks have that ability to be able to purchase things
because if we have too high prices for gasoline, home fuel oil, natural
gas, electric costs, rising food bills, that's going to prevent
consumers out there from having more disposable income. And when they
don't have disposable income out there, what's going to happen? Well,
they are going to quit buying, and pretty soon this economy is going to
be in shambles. So we have got to do something right now. And, again,
the American people understand it, but we have got to understand it
here in Congress.
A couple weeks ago when we were having another Special Order, a
Member from Texas brought up an example of a person from his district.
A trucker from Texas had a load to take to California. It cost $1,500
in fuel costs to get that to California. That trip cost $1,500, and he
got $1,700 for the entire trip. By the time you take out all the
expenses, the taxes, the depreciation on the truck, he lost money. So
we have got a real problem in this country, and that problem is coming
up on us right now.
The United States uses about 21 percent of the world's energy as we
speak tonight, but the rest of the world is catching up. We were years
ago able to make some dumb mistakes in this country because we were
always able to correct them quickly because everybody was behind us.
After World War II, most of the world all lay in shambles but the
United States. But as time went by, these other countries have been
catching up, and I think this chart explains it really quickly.
When you look at the energy consumption in this country and where the
other countries are, and I'm talking about India and China, you will
see that right now we are leading. But in 2015 China and India are
going to be at parity with the United States. In 2020 China is going to
surpass the United States in energy usage. What does energy usage mean
again? Energy usage means jobs. It means manufacturing. And if they get
ahead of us, it's going to be very, very tough to catch up. Once again,
we have got to do what we have to do for the American people, and that
is to make sure that we have the energy to make sure that we have the
jobs for the future.
As my colleagues discussed a little bit earlier some of the issues,
nuclear, let's just talk about nuclear for a few minutes. France, about
75 percent of all their energy comes from nuclear power. Not only do
they have that nuclear power, but they also have that nuclear power
they can export to the rest of Europe. So they're producing it and
they're shipping it over.
Japan has 55 nuclear reactors with 2 under construction. Russia, 31
reactors in operation and 37 to 42 currently or will be under
construction and operational by 2020. India is building 30 new plants
in 25 years. They're smaller, about 200 megawatts, but they are
building. China, they are building 40 gigawatt nuclear power stations
in the next 25 to 30 years. That's 40 in the next 25 to 30 years.
What about coal? As my colleague from Minnesota brought up about all
the coal that we have in this country, what is China doing? Well, right
now in China, about 80 percent of their power is electrically generated
and 18 percent is hydro, and they are getting into nuclear. China is
investing in $24 billion in clean coal technology.
India, the third largest coal producer and consumer in the world.
India is right there at number three. India and China account for 45
percent of coal use.
Hydro, China is constructing the Three Gorges hydro plant, which is
going to produce about 18.2 gigawatts, and the Yellow River hydro plan
will produce 15.8 gigawatts.
Oil, as my colleague from Georgia has mentioned, drilling offshore,
the Chinese, as he just mentioned and as my colleague from Minnesota
mentioned, China is negotiating for oil leases off Cuba 50 miles from
the U.S. Canada is negotiating. Venezuela is negotiating. Those are in
waters that would be considered areas that the United States should be
drilling in, and we are not.
The alternatives/supplementals, China is mandating by 2020 15 percent
of energy from wind, biomass, solar, and small hydro plants.
Things are happening across the world, but the real question is what
is happening in this country? What is happening in this country? And I
am afraid to report tonight not much at all.
As we have talked about, what's been going with nuclear in this
country? The last plant to be licensed in this country was in 1977. The
last plant to go online was in 1996. When you're looking at these
things, we are getting farther and farther behind. There is a lot of
different things we can be talking about with alternatives or maybe you
want to call them supplementals, types of powers, but I think people
have got to know what we're talking about. When we're looking at what
one 1,000 megawatt reactor would need, you would have to erect between
1,250 to 1,700 wind turbines to get there. I think wind is great, but I
think you have to remember we have to have a base load out there to
make sure that we can run our plants.
As the gentlewoman from Minnesota mentioned, the United States has 24
to 25 percent of the world's coal. Well, what are we doing about it? In
Ohio we have higher sulfur in our coal, and the problem with that is it
costs more to scrub it. But we have the technology. We have an
individual from Northwest Ohio that has helped bring about and invent a
clean coal technology that we can consume this coal without emitting
it. We have hundreds of years of reserves on our coal.
As has been mentioned, the oil shale in Utah, Colorado, Wyoming, over
6 trillion barrels of oil equivalence out there, and what are we doing
about it? Absolutely nothing.
{time} 2130
Congress is standing in the way. Oil and natural gas. When we
reimport 65 percent of our oil in this country, that is a problem. That
is a problem. We need to start doing something. Our friend from
Virginia, Mr. Wittman, said a little earlier that what they did with
Apollo 13, they had to come up with a solution, and come up with it
now. We have got to do that in this country.
John Kennedy, when he was in office, had said that we were going to
put a man on the Moon by the end of the 1960s. We did it with Neil
Armstrong in 1969. But we have got to have a purpose and make sure we
get that done.
We are talking about places where we are restricting ourselves. The
only country in the world to fight with both hands tied behind its back
is this country. ANWR, we have approximately 10.3
[[Page 13399]]
billion barrels of oil. As has been mentioned, we are talking about an
area of over 19 million acres, and only talking about drilling and
exploring in 2,000 of those acres. When you are looking at 10.3 billion
recoverable barrels of oil up there, we have got to get up there. As
mentioned a little bit earlier, President Clinton, in 1995, vetoed that
legislation, or we would be getting that oil right.
Also, as has been mentioned, we have 420 trillion cubic feet of
natural gas offshore. We have 86 billion barrels of oil. Of that, the
Federal Government denies access to 92 percent for oil drilling and 90
percent of that area for natural gas. As has been mentioned, even if we
got that oil to this country, we haven't done anything for over 2\1/2\
decades on refinery.
A bill has been introduced here to say if people have that NIMBY,
that ``don't put it in my backyard,'' how about using an abandoned
military base to put these facilities in, these refineries.
The scary thing we have got going out there is this, is that as we
watch more and more American dollars being spent on all of this fuel
and all these other dollars going overseas, and of course we have a $9
trillion debt right now, the scary thing that we have got going out
there is who's buying our debt. Right now, we have about a $9 trillion
national debt. About $2.6 trillion of that is owned by foreign
countries. Japan owns, as of the April statement, about $592.2 billion,
and the Chinese have about a half a trillion dollars of that debt.
We have got to act now. We can't wait. We can't make mistakes. We
have to explore, drill, we have got to conserve. We have got to do
everything that has been mentioned here tonight. We have got to look at
those alternatives of supplementals because, again, you talk to a lot
of folks out there and the question as to alternatives, well, maybe
don't have enough base load out there.
So we have to make sure that we get those wind turbines up. Again,
people object to those. In my district, out my back door I can see the
only four wind turbines in the State of Ohio. We have solar, with two
companies, one in production right now in my district, another going to
be going online here in the near future, producing solar panels. I have
another company in my district working on hydrogen. There's ethanol,
there's biodiesel, but everything put together, we have got to go out
there and do it all right, and do it all right, and we've got to do it
now.
So, Mr. Speaker, I think that the time is now. The American people
are demanding action from this Congress, and we can't make the mistakes
of the past because we don't have time to catch up.
Mr. BROUN of Georgia. Will the gentleman yield?
Mr. LATTA. I yield to my friend from Georgia.
Mr. BROUN of Georgia. I have got a comment and a question. Last week,
we heard members of the other party come to this floor and talk over
and over again about the oil companies have thousands of acres that
they already have leased and that they are not drilling in them. It's
my understanding that a lot of this is land that the oil companies just
leased up so that they would have the prerogative to be able to do so
in the future.
I think this is correct, is that not so?
Mr. LATTA. To the gentlemen, I believe that is absolutely correct.
When you're talking about leases, as you said, you're buying and
leasing a lot of an area. It doesn't mean they are all profitable,
because if every time you put a well down and struck oil, everybody
would be doing it.
Mr. BROUN of Georgia. That is the point that I was just wanting you
to bring up, is that all this land that the oil companies have leased
over the years, they have temporary leases, that when those leases
expire, the land turn back. In fact, I have got a friend, the Dudleys
in Athens, Georgia, who lease some land in Alabama to an oil company to
drill for gas. They had that lease for a number of years. The oil
company never drilled. That lease has expired. So those friends of
mine, Randy and Mary Dudley, in Athens, Georgia, today, don't have the
lease money coming in as they did. The oil company never drilled there.
That is true all over this country, from what I understand. We just
hear from the Democrats over and over again that the oil companies have
all this land, but it's land where there's no oil. They just lease it
in case that they may be able to find oil or gas. But we know there's
oil, we know there's gas on the Outer Continental Shelf. In fact, it's
my understanding that only about 15 percent of the land in the Outer
Continental Shelf is actually leased, that we could tap into. Is that
correct?
Mr. LATTA. That is correct.
Mr. BROUN of Georgia. Well, in fact we know that there is oil and gas
out there; in fact, trillions of cubic feet of gas. Gas, when we burn
it, is a very clean fuel. Those who adhere to this global warming
hysteria, which I think is a hysteria and not fact; in fact, I am a
medical doctor and scientifically I have looked at this issue, and
there are many scientists on both sides, a lot that say that global
warming that we are experiencing is due to natural causes and not due
to an increase in carbon output by man's use. But we have got propane
that is produced from the refinery of oil. We could produce that. There
are a lot of cars and buses that run on propane.
We have natural gas that, in my home in Watkinsville, Georgia, I have
a natural gas hot water heater, natural gas stove that I cook my wild
game on when I get home and have the opportunity to cook my game and
fish that I love to hunt and fish. But all these are clean sources of
energy, and we are just not tapping into those.
I thank you for bringing these things up. We have got so many sources
of clean fuels, even if global warming is caused by human causes, which
I am one that I don't think there's enough scientific data to prove
that fact. There are a lot of scientists that do say that. But
certainly tapping into our own gas and oil resources can make us less
dependent upon foreign oil, make us less dependent upon those who want
to destroy us as a Nation. It's a national security interest for us to
tap into those resources that we have here.
As I said a few minutes ago, America is the only Nation in the world
that won't tap into and develop its own natural resources. It makes
absolutely no sense. It's stunningly stupid, stunningly stupid that we
don't do that. Right now, we are drilling for ice on mars, yet we
cannot drill for oil in America. I just cannot understand that. It
makes no sense.
We are being blocked over and over again by the people on the other
side who are pandering to the radical environmentalists. I am a
conservationist. I started my political activity coming up here as a
volunteer, working on conservation issues. I think it's critical that
we develop those oil sources.
I congratulate you on bringing this forward tonight.
Mr. LATTA. Thank you. I yield to my good friend from Minnesota.
Mrs. BACHMANN. Thank you, Congressman Latta. I want to address a
point that was brought up by Congressman Broun and really the absurdity
of the remark regarding the oil leases that oil companies have taken
up. These lands are owned by the American people and they are leased
out to oil companies or natural gas companies. These oil and gas
companies have to pay for these leases. They aren't just given to them
free of charge. They have to pay for the right to search for the oil.
They take all the risk, and they find the natural resource and they
access that natural resource. It doesn't make any sense economically
for a company to lease something and waste money on leases that they
aren't going to use. It's already in law that if the companies that
lease this land, if they are not productive, it's already a law they
have to turn the leases back. They can't just lease them forever, get
them for free, not pay for that right to lease the land. They have to
already turn them back if they aren't productive, because the companies
know if there's oil on the land, or if there's gas on the land, they
already know if it's there.
Just because they have leased land doesn't mean that there's oil on
it or
[[Page 13400]]
that there's gas on it. It just doesn't make sense someone is going to
waste money if they are in a private company. That takes away from
profit, and you need to have profits to be able to go forward.
Again, this is the 75th anniversary of the New Deal, and it reminds
me of Solomon, who said in Ecclesiastes, ``There is nothing new under
the sun.'' And there is nothing new under the sun with a lot of these
suggestions we have seen. As a matter of fact, the plan we have seen so
far from the Democrats has been this, and it's pretty simple, it is:
Drive less, pay more. That is pretty much the plan that we have seen.
Oh, yeah, also, let's increase taxes on the domestic production of
American energy. That doesn't take too much for the American people to
figure out.
If Congress would decide we are going to start taxing food, do you
think food would cost more? Of course it would. What about if Congress
decided, Let's add taxes to health care, as if that wasn't expensive
enough. Would that cost more? Of course it would.
This is not the way the American people want us to go. They don't
want us to jack up taxes on American production of oil. They don't want
to drive less, they don't want to pay more. They don't want to have
America socializing and taking over oil refineries. What the American
people want, pure and simple, is freedom. They want freedom, they want
the free market, and they want to see energy prices get back down to $2
a gallon or less.
I know it's possible, I know it can happen, and that is why I am so
thankful for your brilliant leadership tonight, Congressman Latta, and
also for Congressman Paul Brown, and also for Congressman Wittman, who
was here earlier this evening speaking, because here's an answer.
Here's an answer.
It's here, it's ours, it's for the taking. We can be environmentally
sensitive. We can explore here in America now, and we can have
Americans pay less. I yield back.
Mr. LATTA. Thank you very much, Mr. Speaker. We appreciate the
opportunity to be here tonight on this Special Order.
____________________
GENERAL LEAVE
Mr. BROUN of Georgia. I ask unanimous consent that all Members have 5
legislative days to revise and extend their remarks on the topics of
tonight's Special Order speeches.
The SPEAKER pro tempore (Mr. Murphy of Connecticut). Is there
objection to the request of the gentleman from Georgia?
There was no objection.
____________________
KELO THIRD ANNIVERSARY
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Georgia (Mr. Broun) is recognized for 5 minutes.
Mr. BROUN of Georgia. The fifth amendment to the U.S. Constitution
states that, ``No person shall be deprived of life, liberty, or
property without due process of law; nor shall private property be
taken for public use without just compensation.''
June 23, 2005, marks a very sad day in our Nation's history. Exactly
3 years ago today, five unelected members of the U.S. Supreme Court
made one of the most despised rulings in our Nation's history, one of
the most egregious, unconstitutional rulings in our Nation's history in
its ruling of Kelo v. City of New London.
The courts allowed a small Connecticut town to seize a private home
to make way for a riverfront development. This activist decision was an
attack on middle-class citizens for the benefit of the rich. There have
been no worse interpretations of the intent of the fifth amendment than
when the Supreme Court seized a private home for the profit of a
private company. Yes, a private company.
Justice Sandra Day O'Connor, with whom I have disagreed on many of
her decisions, was spot on in her dissent when we stated, ``the specter
of condemnation hangs over all property. Nothing is to prevent the
State from replacing any Motel 6 with a Ritz-Carlton, or any home with
a shopping mall, or any farm with a factory.''
She added that under the Court's decision in Kelo, ``any property may
now be taken for the benefit of another private party,'' and ``the
fallout from this decision will not be random. The beneficiaries are
likely to be those citizens with disproportionate influence and power
in the political process, including large corporations and development
firms. As for the victims, the government now has a license to transfer
their property from those with fewer resources, to those with more.
{time} 2145
The Founders cannot have intended this perverse result.''
So detested was the Supreme Court's 2005 ruling that the small home
that became the center of the New London land grab has been moved and
restored near the center of town as a constant reminder of the town's
injustice. That small, pink home once represented a private home, but
now it is a symbol of the evils of an activist court that disregards
our constitutional rights.
Our Founding Fathers knew that our liberties were only as secure as
our property rights. Property rights are a central institution of
Western civilization, yet too often our Nation has violated the basic
principles of our Founding Fathers. Federal, State and local
governments continue to ignore, neglect, disparage and even fail to
understand the importance of property rights.
Today I am pleased to introduce a resolution defending private
property rights. This resolution in a very clear manner reflects the
intent of our Founding Fathers when they listed private property rights
as untouchable by government power. By placing property rights in the
fifth amendment to the Constitution, the Founders made the protection
of private property a primary aim of the American government. There is
no provision in Article I, Section 8, or anywhere else in the
Constitution, that allows the unnecessary, predatory seizure of private
land.
On this, the third anniversary of one of the Supreme Court's most
infamous decisions, I am proud to join property rights advocates all
over America in renewing our protest against judicial activism. I
applaud the many States that have passed legislation to limit their
power to eminent domain and the supreme courts of many States that have
barred the practice under their State constitution. I applaud the
courage of Susette Kelo and other victims of eminent domain abuse who
have stood up to their government and fought for their constitutional
rights.
As John Dickinson, signer of the Constitution stated: ``Let these
truths be indelibly impressed on our minds: (1) that we cannot be happy
without being free; (2) that we cannot be free without being secure in
our property; and (3) that we cannot be secure in our property if,
without our consent, others may as by right take it away.''
Private property rights are critical for freedom, and we need to
fight for private property rights.
____________________
LEAVE OF ABSENCE
By unanimous consent, leave of absence was granted to:
Mr. Davis of Illinois (at the request of Mr. Hoyer) for today and
June 24.
Mr. Hill (at the request of Mr. Hoyer) for today.
Mr. Kanjorski (at the request of Mr. Hoyer) for today.
Ms. Kilpatrick (at the request of Mr. Hoyer) for today on account of
personal reasons.
Mr. Kind (at the request of Mr. Hoyer) for today on account of
business in the district regarding flooding.
Mr. McNulty (at the request of Mr. Hoyer) for today and until 3 p.m.
on June 24 on account of personal reasons.
Mr. Reyes (at the request of Mr. Hoyer) for today.
Mr. Burton of Indiana (at the request of Mr. Boehner) for today on
account of flight delays.
Mr. Buyer (at the request of Mr. Boehner) for today on account of
flight delays.
Mr. Gary G. Miller of California (at the request of Mr. Boehner) for
today on account of travel delays.
Mr. Moran of Kansas (at the request of Mr. Boehner) for today on
account of business in Kansas.
[[Page 13401]]
Mr. Pearce (at the request of Mr. Boehner) for today on account of
official business.
Mr. Weller of Illinois (at the request of Mr. Boehner) for today on
account of personal reasons.
____________________
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. Woolsey) to revise and
extend their remarks and include extraneous material:)
Ms. Woolsey, for 5 minutes, today.
Mr. McDermott, for 5 minutes, today.
Mr. DeFazio, for 5 minutes, today.
Ms. Kaptur, for 5 minutes, today.
Mr. Payne, for 5 minutes, today.
(The following Members (at the request of Mr. Poe) to revise and
extend their remarks and include extraneous material:)
Mr. Broun of Georgia, for 5 minutes, today.
(The following Member (at his request) to revise and extend his
remarks and include extraneous material:)
Mr. Culberson, for 5 minutes, today.
____________________
ENROLLED BILL SIGNED
Ms. Lorraine C. Miller, Clerk of the House, reported and found truly
enrolled a bill of the House of the following title, which was
thereupon signed by the Speaker:
H.R. 3403. An act to promote and enhance public safety by
facilitating the rapid deployment of IP-enabled 911 and E-911
services, encourage the Nation's transition to a national IP-
enabled emergency network, and improve 911 and E-911 access
to those with disabilities.
____________________
ADJOURNMENT
Mr. BROUN of Georgia. Mr. Speaker, I move that the House do now
adjourn.
The motion was agreed to; accordingly (at 9 o'clock and 47 minutes
p.m.), under its previous order, the House adjourned until tomorrow,
Tuesday, June 24, 2008, at 9 a.m., for morning-hour debate.
____________________
EXECUTIVE COMMUNICATIONS, ETC.
Under clause 8 of rule XII, executive communications were taken from
the Speaker's table and referred as follows:
7256. A letter from the Administrator, Department of
Agriculture, transmitting the Department's final rule --
Potatoes; Grade Standards [Docket AMS-2006-0136; FV-06-303]
received June 20, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
7257. A letter from the Administrator, Office of Workforce
Security, Department of Labor, transmitting the Department's
final rule -- Treatment of Fees Collected by State Child
Support Agencies -- received June 20, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Education and Labor.
7258. A letter from the Director, Regulations Policy and
Mgmt. Staff, Department of Health and Human Services,
transmitting the Department's final rule -- Food Labeling:
Health Claims; Dietary Noncariogenic Carbohydrates Sweeteners
and Dental Caries [[Docket No. FDA-2006-P-0404] (Formerly
Docket No. 2006P-0487)] received June 13, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce.
7259. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Lead Hazard Information Pamphlet;
Notice of Availability [EPA-HQ-OPPT-2004-0126; FRL-8358-6]
received June 20, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Energy and Commerce.
7260. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- National Emission Standards for
Hazardous Air Pollutants: Area Source Standards for Plating
and Polishing Operations [EPA-HQ-OAR-2005-0084; FRL-8581-3]
(RIN: 2060-AM37) received June 13, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
7261. A letter from the Deputy Division Chief, SCPD, WTB,
Federal Communications Commission, transmitting the
Commission's final rule -- In the Matter of Amendment of the
Commission's Rules Governing Hearing Aid-Compatible Mobile
Handsets Petition of American National Standards Institute
Accredited Standards Committee C63 (EMC) ANSI ASC C63 [WT
Docket No. 07-250] received June 20, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce.
7262. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's final rule -- Regulatory Improvements to the
Nuclear Materials Management and Safeguards System [NRC-2007-
0002] (RIN: 3150-AH85) received June 11, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce.
7263. A letter from the Acting Assistant Secretary for
Export Administration, Department of Commerce, transmitting
the Department's final rule -- Revisions to the Export
Administration Regulations based on the 2007 Missile
Technology Control Regime Plenary Agreements [Docket No.
080208146-8148-01] (RIN: 0694-AE23) received June 13, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Foreign Affairs.
7264. A letter from the Deputy Assistant Secretary for
Export Administration, Department of Commerce, transmitting
the Department's final rule -- Expansion of the Gift Parcel
License Exception Regarding Cuba to Authorize Mobile Phones
and Related Software and Equipment [Docket No. 080519687-
8707-01] (RIN: 0694-AE37) received June 13, 2008, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Foreign Affairs.
7265. A letter from the Secretary, Department of Education,
transmitting the fifty-sixth Semiannual Report to Congress on
management decisions and final actions taken on audit
recommendations, covering the period October 1, 2007 through
March 31, 2008 in compliance with the Inspector General Act
Amendments of 1988, pursuant to 5 U.S.C. app. (Insp. Gen.
Act) section 5(b); to the Committee on Oversight and
Government Reform.
7266. A letter from the Secretary, Department of Education,
transmitting the thirty-eighth Semiannual Report to Congress
on Audit Follow-Up, covering the period October 1, 2007
through March 31, 2008 in compliance with the Inspector
General Act Amendments of 1988, pursuant to 5 U.S.C. app.
(Insp. Gen. Act) section 5(b); to the Committee on Oversight
and Government Reform.
7267. A letter from the Assistant Secretary for
Administration and Management, Department of Labor,
transmitting pursuant to the provisions of the Federal
Activities Inventory Reform (FAIR) Act of 1998 (Pub. L. 105-
270), the Department's 2007 Inventory of Inherently
Governmental Activities and Inventory of Commercial
Activities; to the Committee on Oversight and Government
Reform.
7268. A letter from the Secretary, Department of the
Treasury, transmitting two Semiannual Reports which were
prepared separately by Treasury's Office of Inspector General
(OIG) and the Treasury Inspector General for Tax
Administration (TIGTA) for the period ended March 31, 2008,
pursuant to 5 U.S.C. app. (Insp. Gen. Act), section 5(b); to
the Committee on Oversight and Government Reform.
7269. A letter from the Chair, Equal Employment Opportunity
Commission, transmitting the semiannual report on the
activities of the Inspector General and management's report
for the period ending March 31, 2008, pursuant to 5 U.S.C.
app. (Insp. Gen. Act), section 5(b); to the Committee on
Oversight and Government Reform.
7270. A letter from the Chairman and President, Export-
Import Bank, transmitting the Bank's semiannual report for
the period ending March 31, 2008, in accordance with Section
5(b) of the Inspector General Act of 1978; to the Committee
on Oversight and Government Reform.
7271. A letter from the First Vice President and
Controller, Federal Home Loan Bank of Boston, transmitting
the 2007 management report and statements of internal
controls of the Federal Home Loan Bank of Boston, pursuant to
31 U.S.C. 9106; to the Committee on Oversight and Government
Reform.
7272. A letter from the Chairman, International Trade
Commission, transmitting in accordance with Section 645 of
Division F, Title VI, of the Consolidated Appropriations Act,
FY 2004, Pub. L. 108-199, the Commission's report covering
fiscal year 2007; to the Committee on Oversight and
Government Reform.
7273. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting pursuant to the
provisions of the Federal Activities Inventory Reform (FAIR)
Act of 1998 (Pub. L. 105-270) and OMB Circular A-76,
Performance of Commercial Activities, the Administration's FY
2007 inventory of commercial activities performed by federal
employees and inventory of inherently governmental
activities; to the Committee on Oversight and Government
Reform.
7274. A letter from the Director, Office of National Drug
Control Policy, transmitting a report on the ``Fiscal Year
2007 Accounting of Drug Control Funds,'' pursuant to Public
Law 105-277, section 705(d)(Div. C-Title VII); to the
Committee on Oversight and Government Reform.
7275. A letter from the Senior Associate General Counsel,
Office of the Director of National Intelligence, transmitting
a report pursuant to the Federal Vacancies Reform Act of
1998; to the Committee on Oversight and Government Reform.
[[Page 13402]]
7276. A letter from the Director, Peace Corps, transmitting
the semiannual report on the activities of the Office of
Inspector General for the period October 1, 2007 through
March 31, 2008, pursuant to 5 U.S.C. app. (Insp. Gen. Act),
section 5(b); to the Committee on Oversight and Government
Reform.
7277. A letter from the Secretary and Director, Postal
Regulatory Commission, transmitting a report pursuant to the
Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
7278. A letter from the Acting Director Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska;
Pacific Ocean Perch in the Bering Sea and Aleutian Islands
Management Area [Docket No. 071106673-8011-02] (RIN: 0648-
XH33) received June 20, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
7279. A letter from the Deputy Assistant Administrator For
Regulatory Programs, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Northeastern United States; Atlantic Sea
Scallop Fishery; Framework Adjustment 19 [Docket No.
070817467-8554-02] (RIN: 0648-AV90) received June 13, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Natural Resources.
7280. A letter from the Administrator, FEMA, Department of
Homeland Security, transmitting notification that funding
under Title V, subsection 503(b)(3) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended, has
exceeded $5 million for the cost of response and recovery
efforts for FEMA-3285-EM in the State of Wisconsin, pursuant
to 42 U.S.C. 5193; to the Committee on Transportation and
Infrastructure.
7281. A letter from the Secretary, Department of
Transportation, transmitting the Department's annual report
on recommendations made by the Intelligent Transportation
Systems Program Advisory Committee, pursuant to Public Law
109-59, section 5305(h)(4); to the Committee on
Transportation and Infrastructure.
7282. A letter from the Assistant Secretary of the Army for
Civil Works, Department of Defense, transmitting the
Department's feasibility report for hurricane and storm
damage reduction for Port Monmouth, Middletown Township,
Monmouth County, New Jersey; to the Committee on
Transportation and Infrastructure.
7283. A letter from the Acting Assistant Administrator for
Procurement, National Aeronautics and Space Administration,
transmitting the Administration's final rule -- NASA Grant
and Cooperative Agreement Handbook -- C.A.S.E. Reporting and
Property Delegations (RIN: 2700-AD40) received June 13, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Science and Technology.
____________________
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:
Mr. CONYERS: Committee on the Judiciary. H.R. 3546. A bill
to authorize the Edward Byrne Memorial Justice Assistance
Grant Program at fiscal year 2006 levels through 2012 (Rept.
110-729). Referred to the Committee of the Whole House on the
State of the Union.
Mr. GEORGE MILLER of California: Committee on Education and
Labor. H.R. 3195. A bill to restore the intent and
protections of the Americans with Disabilities Act of 1990;
with an amendment (Rept. 110-730 Pt. 1). Ordered to be
printed.
Mr. CONYERS: Committee on the Judiciary. H.R. 3195. A bill
to restore the intent and protections of the Americans with
Disabilities Act of 1990; with an amendment (Rept. 110-730
Pt. 2). Ordered to be printed.
discharge of committee
Pursuant to clause 2 of rule XII, the Committees on Transportation
and Infrastructure and Energy and Commerce discharged from further
consideration. H.R. 3195 referred to the Committee of the Whole House
on the State of the Union and ordered to be printed.
____________________
PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XII, public bills and resolutions were
introduced and severally referred, as follows:
By Mr. DELAHUNT (for himself, Mr. Pence, Mr. Conyers,
Mr. Hensarling, Mr. Duncan, Mrs. Jones of Ohio, Mrs.
Christensen, and Mr. Gallegly):
H.R. 6344. A bill to provide emergency authority to delay
or toll judicial proceedings in United States district and
circuit courts, and for other purposes; to the Committee on
the Judiciary. considered and passed.
By Mr. BOUSTANY:
H.R. 6345. A bill to establish a demonstration program to
provide financial incentives to encourage the adoption and
use of interactive personal health records and to encourage
health information exchange networks to link clinical data to
such personal health records; to the Committee on Energy and
Commerce, 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. STUPAK:
H.R. 6346. A bill to protect consumers from price-gouging
of gasoline and other fuels, and for other purposes; to the
Committee on Energy and Commerce, and in addition to the
Committee on Education and Labor, 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. CORRINE BROWN of Florida (for herself, Mr. Mica,
and Mr. Gonzalez):
H.R. 6347. A bill to facilitate the use of HOPE VI grant
amounts by certain public housing agencies that have suffered
project delays due to catastrophes or emergencies; to the
Committee on Financial Services.
By Mr. GINGREY (for himself, Mr. Hunter, Mr. Linder,
Mr. Westmoreland, Mr. Price of Georgia, Mr. Broun of
Georgia, Mrs. Drake, Ms. Fallin, Mr. Feeney, Mr.
Marchant, Mr. Kline of Minnesota, Mr. Shadegg, Mr.
Gohmert, Mr. Davis of Kentucky, Mrs. Bachmann, Mr.
Pitts, Mr. Bartlett of Maryland, Mr. Pence, Mr.
Hensarling, Mr. King of Iowa, Mr. Latta, Mr. David
Davis of Tennessee, Mr. Garrett of New Jersey, Mr.
Sullivan, Mr. Wamp, Mr. Rogers of Kentucky, Mr.
Alexander, Mr. Gallegly, Mr. Paul, Mr. Souder, and
Mr. Calvert):
H.R. 6348. A bill to amend the Internal Revenue Code of
1986 to exclude from gross income gain from the conversion of
property by reason of eminent domain; to the Committee on
Ways and Means.
By Mr. MARSHALL:
H.R. 6349. A bill to provide energy price relief by
authorizing greater resources and authority for the Commodity
Futures Trading Commission, and for other purposes; to the
Committee on Agriculture.
By Mr. SCHIFF (for himself and Mr. Rogers of Michigan):
H.R. 6350. A bill to extend the pilot program for volunteer
groups to obtain criminal history background checks; to the
Committee on the Judiciary.
By Mr. SPACE (for himself and Mr. Childers):
H.R. 6351. A bill to amend the Public Health Service Act to
reauthorize the National Health Service Corps Program, and
for other purposes; to the Committee on Energy and Commerce,
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. BROUN of Georgia:
H.J. Res. 94. A joint resolution whereas there is no
greater expression of freedom and liberty than the defense of
the God-given right of an individual to hold, possess, and
use private property; to the Committee on the Judiciary.
By Mr. MARKEY (for himself, Mr. Capuano, Mr. Lynch, Mr.
Neal of Massachusetts, Mr. McGovern, Mr. Frank of
Massachusetts, Mr. Olver, Mr. Delahunt, Ms. Tsongas,
Mr. Tierney, and Mr. Johnson of Illinois):
H. Con. Res. 376. Concurrent resolution congratulating the
2007-2008 National Basketball Association World Champions,
the Boston Celtics, on an outstanding and historic season; to
the Committee on Oversight and Government Reform.
By Mr. SKELTON:
H. Con. Res. 377. Concurrent resolution authorizing the use
of the rotunda of the Capitol for a ceremony commemorating
the 60th Anniversary of the beginning of the integration of
the United States Armed Forces; to the Committee on House
Administration.
By Ms. SCHWARTZ (for herself and Mr. Sam Johnson of
Texas):
H. Res. 1294. A resolution supporting the goals and ideals
of National Save for Retirement Week; to the Committee on
Ways and Means.
By Ms. SCHAKOWSKY (for herself and Ms. Fallin):
H. Res. 1295. A resolution recognizing and commemorating
the efforts and contributions of outstanding female veterans
of the Armed Forces, and the vital roles women play today as
servicemembers in the defense of the Nation; to the Committee
on Veterans' 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.
[[Page 13403]]
____________________
ADDITIONAL SPONSORS
Under clause 7 of rule XII, sponsors were added to public bills and
resolutions as follows:
H.R. 594: Mr. Udall of Colorado, Mr. Visclosky, Ms.
Slaughter, and Mr. Gallegly.
H.R. 643: Mr. Cazayoux, Mr. Cummings and Mr. Peterson of
Minnesota.
H.R. 820: Mr. Gordon.
H.R. 871: Mr. Moore of Kansas.
H.R. 932: Mr. Carson.
H.R. 1078: Ms. Herseth Sandlin.
H.R. 1108: Mr. Kanjorski.
H.R. 1185: Mr. Serrano.
H.R. 1283: Mr. Salazar.
H.R. 1321: Mr. Frelinghuysen.
H.R. 1386: Mr. Klein of Florida.
H.R. 1507: Ms. Lee.
H.R. 1621: Mrs. Musgrave and Mr. King of New York.
H.R. 1665: Mr. DeFazio.
H.R. 1820: Ms. McCollum of Minnesota.
H.R. 2164: Ms. Sutton.
H.R. 2472: Mr. Doyle and Mr. Gene Green of Texas.
H.R. 2552: Mr. Honda and Mr. Brady of Pennsylvania.
H.R. 2712: Mr. Boehner and Mr. Blunt.
H.R. 2721: Mr. Mahoney of Florida.
H.R. 2880: Mr. Hensarling.
H.R. 2911: Mr. Waxman.
H.R. 2994: Mr. David Davis of Tennessee.
H.R. 3098: Mr. English of Pennsylvania.
H.R. 3116: Mr. Carson.
H.R. 3195: Mrs. Gillibrand.
H.R. 3234: Mr. Calvert.
H.R. 3267: Ms. McCollum of Minnesota.
H.R. 3289: Mr. Dingell.
H.R. 3334: Mrs. McMorris Rodgers.
H.R. 3347: Mr. Peterson of Minnesota.
H.R. 3457: Mr. Sali.
H.R. 3546: Mr. Boren.
H.R. 3650: Mr. Carney.
H.R. 3769: Mr. Cardoza.
H.R. 3874: Mr. Boren.
H.R. 3934: Mr. Gene Green of Texas and Mrs. Bachmann.
H.R. 4099: Mr. Porter.
H.R. 4105: Mr. Hodes.
H.R. 4236: Ms. Berkley and Mr. Cleaver.
H.R. 4544: Ms. Eddie Bernice Johnson of Texas, Mr. Michaud,
Mr. Ryan of Ohio, Ms. Sutton, Ms. Corrine Brown of Florida,
and Mr. Boustany.
H.R. 4930: Mr. Carter, Mr. Schiff, and Mr. Stupak.
H.R. 5131: Mr. Tim Murphy of Pennsylvania.
H.R. 5265: Mrs. Maloney of New York.
H.R. 5425: Mr. Sali.
H.R. 5454: Mr. Thompson of Mississippi.
H.R. 5484: Ms. Tsongas.
H.R. 5507: Mr. McGovern.
H.R. 5564: Mr. Childers and Mr. Filner.
H.R. 5575: Mr. Doggett and Mrs. Maloney of New York.
H.R. 5606: Mr. Boyd of Florida and Ms. Linda T. Sanchez of
California.
H.R. 5611: Mr. Moran of Kansas.
H.R. 5656: Mr. Souder, Mr. Brown of South Carolina, and Mr.
Manzullo.
H.R. 5709: Mr. Sestak, Mr. Shays, and Mr. Pascrell.
H.R. 5793: Mr. Pallone.
H.R. 5821: Mr. Herger.
H.R. 5825: Mr. Childers.
H.R. 5882: Ms. Matsui.
H.R. 5894: Mr. Wexler.
H.R. 5921: Ms. Matsui.
H.R. 5950: Mr. Sires and Ms. Linda T. Sanchez of
California.
H.R. 6017: Mr. Levin.
H.R. 6039: Mr. Delahunt.
H.R. 6087: Mr. Terry.
H.R. 6107: Mr. Moran of Kansas, Mrs. Musgrave, and Mr.
Hensarling.
H.R. 6127: Mr. Sires, Mr. Frank of Massachusetts, and Mr.
Welch of Vermont.
H.R. 6129: Mr. Ferguson.
H.R. 6137: Mr. Culberson.
H.R. 6151: Mr. Doggett.
H.R. 6184: Mr. Sestak.
H.R. 6195: Mr. Brady of Pennsylvanian, Mr. Sestak, Mr.
Carney, Mr. Capuano, and Mr. Holden.
H.R. 6199: Mr. Higgins, Mr. Ackerman, Mr. Fossella, Mr.
McNulty, Mr. Arcuri, Mr. Towns, and Mr. Meeks of New York.
H.R. 6207: Mr. Goode.
H.R. 6220: Mr. Paul and Mr. Burton of Indiana.
H.R. 6230: Mr. Castle.
H.R. 6251: Mrs. Lowey, Mr. Levin, Mr. Hill, Mr. Dingell,
Mr. Costello, Mr. Mitchell, Mr. Ryan of Ohio, Mr. Walz of
Minnesota, Mrs. McCarthy of New York, Mrs. Boyda of Kansas,
Mr. Sestak, Mr. Chandler, Mr. McNulty, and Mr. Thompson of
California.
H.R. 6252: Mr. Abercrombie, Mr. Ackerman, Mr. Aderholt, Mr.
Andrews, Mr. Baca, Mr. Barrow, Mr. Bilbray, Mr. Bilirakis,
Mr. Bishop of Georgia, Mrs. Bono Mack, Mr. Boucher, Mr.
Braley of Iowa, Ms. Corrine Brown of Florida, Mr. Chabot, Mr.
Chandler, Mr. Crowley, Mr. Cummings, Mr. Davis of Alabama,
Mr. Davis of Illinois, Mr. David Davis of Tennessee, Ms.
DeGette, Mr. Doyle, Mrs. Drake, Mr. Engel, Mr. Etheridge, Mr.
Farr, Mr. Fortuno, Mr. Fossella, Mr. Goode, Mr. Gordon, Mr.
Hastings of Florida, Mr. Hayes, Mr. Higgins, Mr. Hobson, Mr.
Hoekstra, Mr. Israel, Mr. Johnson of Georgia, Mr. Kanjorski,
Ms. Kaptur, Mr. King of New York, Mr. Kuhl of New York, Mr.
Marchant, Mr. Meek of Florida, Mr. Michaud, Mr. Moran of
Kansas, Mr. Tim Murphy of Pennsylvania, Mr. Nadler, Mr. Price
of Georgia, Mr. Regula, Mr. Rogers of Albama, Mr. Ross, Mrs.
Schmidt, Mr. Sessions, Mr. Sestak, Mr. Shuler, Mr. Spratt,
Ms. Sutton, Mrs. Tauscher, Mr. Tiberi, Ms. Velazquez, Mr.
Visclosky, Ms. Watson, Mr. Wilson of South Carolina, and Mr.
Wittman of Virginia.
H.R. 6253: Mr. Rogers of Alabama.
H.R. 6256: Mr. Hall of New York, Mr. Walz of Minnesota, Ms.
Hooley, Mr. Farr, Mr. Sestak, and Mr. Langevin.
H.R. 6274: Mr. Hayes and Mr. Chabot.
H.R. 6278: Mr. Moran of Virginia.
H.R. 6286: Mr. Herger, Mr. Waxman, Mrs. Tauscher, Mr.
Berman, Ms. Zoe Lofgren of California, Mr. Cardoza, Ms. Linda
T. Sanchez of California, Ms. Matsui, Mrs. Capps, Mrs.
Napolitano, Mr. Becerra, Mr. Filner, Mr. Rohrabacher, Mr.
Calvert, Ms. Woolsey, Ms. Solis, Mrs. Bono Mack, Mr. Issa,
Mr. Honda, Mr. Farr, Mr. Baca, Ms. Harman, Ms. Lee, Ms.
Eshoo, Mr. Gallegly, Mr. Bilbray, Mr. Costa, Mr. Schiff, Ms.
Pelosi, Mr. Thompson of California, Mr. McKeon, Mr. Gary G.
Miller of California, Ms. Roybal-Allard, Mr. Sherman, Mr.
Radanovich, Mr. Lewis of California, Ms. Loretta Sanchez of
California, Ms. Speier, Ms. Richardson, Ms. Waters, Mr.
McNerney, Mr. Stark, Ms. Watson, Mrs. Davis of California,
and Mr. Campbell of California.
H.R. 6298: Mr. Wolf.
H.R. 6307: Mr. Lewis of Georgia, Mr. Porter, Mrs. Jones of
Ohio, Mr. Tiberi, Mr. Van Hollen, Ms. Berkley, Mr. Davis of
Alabama, Mr. Cooper, Mr. Fattah, Mr. Davis of Illinois, Ms.
Solis, Mr. Becerra, Mr. George Miller of California, Mr.
English of Pennsylvania, Mr. Pomeroy, Mr. Blumenauer, Ms.
Hirono, Mr. Larson of Connecticut, Mr. Crowley, Mr. Stark,
Mr. Brady of Pennsylvania, and Mr. Taylor.
H.R. 6309: Ms. Velazquez, Mrs. Maloney of New York, and Mr.
Meeks of New York.
H.R. 6312: Mr. Roskam.
H.R. 6315: Mr. Kirk.
H.R. 6330: Mr. LaTourette, Mr. Lipinski, Mr. Hall of New
York, Mr. Oberstar, and Ms. Castor.
H.R. 6334: Mr. Butterfield, Mr. Melancon, and Mr. Matheson.
H.J. Res. 39: Mr. Platts.
H.J. Res. 85: Ms. Woolsey and Ms. Berkley.
H.J. Res. 89: Mr. Kline of Minnesota.
H. Con. Res. 195: Mr. Levin.
H. Con. Res. 253: Mr. Abercrombie, Mr. Berman, Ms. Castor,
and Mr. Filner.
H. Con. Res. 315: Mr. McHugh and Mr. Bonner.
H. Con. Res. 341: Mr. Hoekstra, Mr. Tanner, Mr. Lewis of
Georgia, Mr. Shuler, Mr. Boren, Mr. Hodes, and Mr. Young of
Alaska.
H. Con. Res. 342: Mr. Gonzalez, Mr. LaHood, and Mr. Bachus.
H. Con. Res. 367: Mr. Sessions and Mr. Wilson of South
Carolina.
H. Res. 925: Mr. Tim Murphy of Pennsylvania.
H. Res. 1008: Mr. Tiberi.
H. Res. 1090: Mr. Wu, Mr. Chabot, Ms. Woolsey, Mr. Royce,
and Mr. Engel.
H. Res. 1179: Mr. Inglis of South Carolina.
H. Res. 1202: Mr. Blumenauer.
H. Res. 1217: Mr. Blumenauer.
H. Res. 1231: Mr. Tim Murphy of Pennsylvania, Mr. Boren,
Ms. Eddie Bernice Johnson of Texas, and Mr. Al Green of
Texas.
H. Res. 1266: Mr. Sestak, Mr. Cohen, Mr. McNulty, Mr.
Payne, and Mr. Wexler.
H. Res. 1271: Mr. Miller of North Carolina.
H. Res. 1273: Mr. Kind.
H. Res. 1279: Mr. Cohen, Mr. King of New York, Mr.
Reichert, Mr. Hastings of Florida, Mr. Dicks, and Mr. Wexler.
H. Res. 1283: Mr. Loebsack and Mr. Poe.
H. Res. 1291: Mr. Becerra, Mr. Baca, Mrs. Napolitano, Mr.
Salazar, and Mr. Reyes.
H. Res. 1293: Ms. Lee, Mr. Grijalva, Ms. Schakowsky, Mr.
Kucinich, Mr. Holt, Mr. Van Hollen, Ms. Matsui, and Ms.
Kilpatrick.
____________________
DELETION OF SPONSORS FROM PUBLIC BILLS AND RESOLUTIONS
Under clause 7 of rule XII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 6041: Mr. Poe.
____________________
DISCHARGE PETITION
Under clause 2 of rule XV, the following discharge petition was
filed:
(Omitted from the Record of June 20, 2008)
Petition 9, June 18, 2008, by Mr. PHIL ENGLISH on H.R.
2279, was signed by the following Members: Phil English, Todd
Tiahrt, Daniel E. Lungren, Bob Goodlatte, Tim Walberg, Devin
Nunes, Dennis R. Rehberg, Joseph R. Pitts, Gus M. Bilirakis,
Bill Sali, Peter J. Roskam, Mac Thornberry, John T.
Doolittle, Kay Granger, K. Michael Conaway, Charles W.
Boustany, Jr., J. Randy Forbes, Kevin Brady, Howard P.
``Buck'' McKeon, Todd Russell Platts, Thomas G. Tancredo,
Jean Schmidt, Paul C. Broun, Jim Jordan, Rodney P.
Frelinghuysen, Frank D. Lucas, Edward R. Royce, Thomas M.
Reynolds,
[[Page 13404]]
Mary Bono Mack, Connie Mack, Dana Rohrabacher, Wally Herger,
Mike Rogers of Alabama, Roy Blunt, Patrick J. Tiberi, Steve
Chabot, Deborah Pryce, Robert E. Latta, Joe Barton, Michael
T. McCaul, Ron Paul, Randy Neugebauer, Sam Johnson, John R.
Carter, Howard Coble, Adrian Smith, David Davis, Sue Wilkins
Myrick, Tom Price, Tom Latham, Spencer Bachus, Donald A.
Manzullo, Bill Shuster, Henry E. Brown, Jr., John Shimkus,
Mike Rogers of Michigan, Scott Garrett, Terry Everett, Dan
Burton, Lynn A. Westmoreland, George Radanovich, John Abney
Culberson, Fred Upton, Marsha Blackburn, Joe Wilson, Jeff
Miller, Mario Diaz-Balart, John Boozman, Sam Graves, Tom
Cole, Robin Hayes, Michael C. Burgess, Phil Gingrey, Jeff
Flake, Chris Cannon, Christopher Shays, Candice S. Miller,
John E. Peterson, Greg Walden, Ron Lewis, John R. ``Randy''
Kuhl, Jr., Adam H. Putnam, Geoff Davis, Eric Cantor, Patrick
T. McHenry, Nathan Deal, John Linder, Frank A. LoBiondo, Mike
Ferguson, Thelma D. Drake, John Campbell, Doug Lamborn, Tim
Murphy, Bob Inglis, Kenny Marchant, Michael R. Turner, Zach
Wamp, Heather Wilson, Ted Poe, Harold Rogers, Lamar Smith,
Darrell E. Issa, Cathy McMorris Rodgers, Dean Heller, Ed
Whitfield, Steve King, Ken Calvert, Michael K. Simpson, Ginny
Brown-Waite, Thaddeus G. McCotter, Jeb Hensarling, J. Gresham
Barrett, Ray LaHood, Ric Keller, Robert J. Wittman, Jo
Bonner, Robert B. Aderholt, David L. Hobson, Joe Knollenberg,
Jo Ann Emerson, Jerry Moran, Steve Scalise, John A. Boehner,
Marilyn N. Musgrave, Jim McCrery, Vernon J. Ehlers, Virginia
Foxx, Judy Biggert, Gary G. Miller, Pete Sessions, Barbara
Cubin, Stevan Pearce, Kevin McCarthy, Michele Bachmann, Paul
Ryan, John Sullivan, Charles W. ``Chip'' Pickering, W. Todd
Akin, and Steven C. LaTourette.
____________________
DISCHARGE PETITIONS--ADDITIONS OR DELETIONS
The following Members added their names to the following discharge
petitions:
Petition 8 by Mr. WALBERG on the H.R. 3089: Virgil H.
Goode, Jr., Todd Tiahrt, Joe Knollenberg, John E. Peterson,
Jerry Moran, Jim McCrery, Barbara Cubin, Kevin McCarthy, John
Sullivan, and Tim Murphy.
Petition 6 by Mr. BOUSTANY on H.R. 1843: Michele Bachmann.
Petition 4 by Mr. ADERHOLT on H.R. 3584: Michele Bachmann.
[[Page 13405]]
EXTENSIONS OF REMARKS
____________________
HONORING MASON SMOAK
______
HON. TIM MAHONEY
of florida
in the house of representatives
Monday, June 23, 2008
Mr. MAHONEY of Florida. Madam Speaker, I rise today to pay my deepest
condolence to the Smoak family and to honor the passing of a great
American and close friend. Mason Smoak was an outstanding human being,
whose bravery and character left lasting impressions on all who knew
him. This kind gentleman exemplified the meaning of leadership. Mason
was loved by all in his community, a lifelong resident of Lake Placid,
Florida who dedicated his life to his wife, children, and church, as
well as the University of Florida his alma mater. Unfortunately, Mason
passed away on Friday, June 20, 2008 at the age of 33.
His accomplishments within the agricultural community will serve as
inspiration and guidance for aspiring citrus growers. Mason promoted
awareness of agriculture and citrus issues in both Washington and
Tallahassee, often testifying at the request of elected officials. He
enjoyed fruitful partnerships with UF/IFAS and served the community as
the current President of the Highlands County Citrus Growers. He was
also the Chairman of the Heartland Agricultural Coalition, a Board
Member of the Highlands County Habitat for Humanity and Florida Citrus
Mutual's Federal Political Action Committee, and Past President of
Highlands County Farm Bureau and the Florida Farm Bureau Young Farmers
and Ranchers.
Florida will miss Mason's dedication and dogged determination to
Florida citrus. Madam Speaker, I will miss Mason as a true friend.
____________________
DR. ALAN HARRE
______
HON. PETER J. VISCLOSKY
of indiana
in the house of representatives
Monday, June 23, 2008
Mr. VISCLOSKY. Madam Speaker, it is with great admiration and
gratitude that I stand before you today to recognize the many years of
dedicated service of Dr. Alan Harre. Having known Alan for many years,
I can truly say that he is one of the most committed, knowledgeable,
and honorable citizens in Northwest Indiana. Nowhere has his knowledge
and commitment been more evident than in his faithful service as
President of Valparaiso University. Alan has served Valparaiso
University with two decades of dedicated leadership, and he has been a
constant fixture in the Valparaiso community. For his efforts, I would
like to thank him and extend my best wishes for his retirement. A
celebration honoring Dr. Harre's leadership and service will be held at
Strongbow Inn Restaurant in Valparaiso, Indiana, on Thursday, June 26,
2008.
Dr. Alan Harre has spent his professional career improving the
quality of life at Valparaiso University. Dr. Harre's Strategic Plan
set goals for the university in every aspect of campus life. During his
tenure, the university has built several new facilities, including: the
Center for the Arts, Kallay-Christopher Hall, the Christopher Center
for Library Information and Resources, and has broken ground for a new
student union. Valparaiso University has also ranked within the top
four in its class in U.S. News and World Report's rankings of America's
Best Colleges under Harre's leadership. Dr. Harre also contributed to
the development of three new Master of Science programs and established
a Valparaiso University Phi Beta Kappa honor society chapter. Perhaps
Dr. Harre's greatest on-campus achievement is the increasing of the
endowment fund from $37 million to over $200 million.
During his time at Valparaiso University, Alan has shared his
unrivaled expertise and knowledge of his field with local
organizations. Alan has served two terms on the Board for the Greater
Valparaiso Chamber of Commerce and was named Distinguished Community
Leader by the Chamber in 1998. He was a founding member of the Porter
County Community Foundation and a co-founder of the non-profit group
Rebuilding Together. Alan also has served as the Chairman of the
Quality of Life Council, and in 2007, received the Council's Lifetime
Achievement Award. Dr. Harre and his wife, Diane, are also creating the
Alan and Diane Harre Scholarship Fund for Valparaiso University.
Madam Speaker, Dr. Alan Harre has devoted his life to improving
Valparaiso University and to serving the people of Northwest Indiana.
At this time, I ask that you and all of my distinguished colleagues
join me in commending him for his lifetime of service, perseverance,
and dedication. I also ask that you join me in wishing him the best of
health and happiness in the years to come.
____________________
IRVING KLOTHEN
______
HON. JOE SESTAK
of pennsylvania
in the house of representatives
Monday, June 23, 2008
Mr. SESTAK. Madam Speaker, I rise today to recognize and honor the
life of a husband, father, grandfather, and Veteran, who, through hard
work and determination, fulfilled the American dream. Irving Klothen,
who passed away on Thursday, June 12, at age 84, believed strongly in
the principles of democracy and took full advantage of his
opportunities in the United States, building a prosperous family and
successful career after narrowly escaping Nazi Germany.
A German Jew born shortly after the end of World War I, Irving
Klothen barely avoided deportation by the Nazis when he and his parents
fled their native Berlin in 1941. Mr. Klothen displayed his strong work
ethic and his resolve to make the most of his abilities as he
simultaneously completed his secondary education at night school and
worked full time for a picture-framing company.
In 1943, Mr. Klothen entered the U.S. Army and his service included
guarding German POWs in France, where he met the love of his life,
Miriam Frank. He and Miriam, another Jewish refugee from Berlin,
married in 1944.
Following the war, Mr. Klothen graduated from New York University
with a degree in chemical engineering and would receive several patents
for his work with animal-feed additives. His expertise led to business
trips that turned into family vacations with his son and wife across
the globe. As an employee of American Cyanamid Co, he traveled to
Europe, Latin America and Asia.
Mr. Klothen, a loving father of his son Ken and loving grandfather of
Erich and Rebecca, never forgot his roots and the family he left behind
to move to the United States. In 1989, he visited the Berlin Jewish
School, which he attended more than four decades earlier. He committed
to assisting the new German Jewish community through work at the now-
Jewish High School of Berlin. Even last year, he funded a program to
allow teachers from that institution to visit Jewish schools in the
United States.
Madam Speaker, I ask you to join me in paying tribute to Irving
Klothen. Through his beautiful family, and his contributions to Jewish
communities in America and Germany, he has left a lasting contribution
that we can all admire.
____________________
NAACP PICKS YOUNGEST LEADER EVER, JEALOUS AT THE HELM
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Monday, June 23, 2008
Mr. RANGEL. Madam Speaker, I rise today in recognition of Ben
Jealous, the new president of the National Association for the
Advancement of Colored People, NAACP, and to enter into the Record an
article from the New York Carib News for the week ending June 3, 2008
titled ``NAACP Picks Youngest Leader Ever.''
The NAACP was founded in 1909 by an interracial coalition that
battled segregation and lynching and helped win some of the Nation's
biggest civil rights victories. The mission
[[Page 13406]]
of the National Association for the Advancement of Colored People is to
ensure the political, educational, social, and economic equality of
rights of all persons and to eliminate racial hatred and racial
discrimination.
With a background in communication, community activism and extensive
civil rights experience, Ben Jealous has strong credentials for
leadership of the NAACP. Ben, who will start his position September 1,
is a former managing editor of Mississippi's historic Jackson Advocate.
In 2000, he became executive director of the National Newspaper
Publishers Association, NNPA, the Black press of America. He left NNPA
after three years to become director of Amnesty International's U.S.
Human Rights Program. He comes to the NAACP from the San Francisco-
based Rosenberg Foundation, where he has served as president since
2005.
Among his plans for the organization are strengthening online
presence to connect with activists, mobilize public opinion, and build
a database for tracking racial discrimination and hate crimes. His
agenda includes ensuring a high voter turnout among the Black community
in the November election, pushing an aggressive stance on civil rights,
and retooling the national office to make it more effective at helping
local branches effect change in their communities.
As a young Black activist, he is poised to attract young African
Americans who have criticized the NAACP for being out of step with
people who still face racial discrimination after the demise of
legalized segregation. Ben Jealous has the smarts, talent, and
leadership experience to modernize the organization and lead it into
the 21st century better able to continue its historic record of
achievement on behalf of the Black community.
[From the NY Carib News, June 3, 2008]
NAACP Picks Youngest Leader Ever
The 64-member Board of the National Association for the
Advancement of Colored People (NAACP), the nation's largest
civil rights organization, decided that it was time to invest
in the youth when it announced the decision that 35-year old
Ben Jealous will become the organization's President making
him the youngest leader in its 99-year history. He will take
the helm of the NAACP this September.
``I'm excited. I think that it's a real affirmation that
this organization is willing to invest in the future, to
invest in the ideas and the leadership of the generation that
is currently raising Black children in this country, Jealous
said after his confirmation.
Jealous is not a politician, minister or civil rights icon.
His background is in communications and community activism.
It is hoped that Jealous will provide the NAACP with a new
youthful face in order to attract more young people to the
organization's ranks. He will bring another invaluable
asset--a young but connected chief familiar with Black
leadership and social justice issues. He takes the helm as
the NAACP's 17th President just months before the
organization's centennial anniversary and as the group looks
to boost its coffers.
``There are a small number of groups to whom all Black
people in this country owe a debt of gratitude, and the NAACP
is one of them.'' Jealous said. ``There is work that is
undone. . . . The need continues and our children continue to
be at great risk in this country.''
He succeeds Bruce Gordon, who resigned abruptly in March
2007 after serving just 19 months. It has been public
knowledge for some time that he has had a number of bruising
clashes with board members over management style and the
NAACP's mission. Dennis Courtland Hayes had been serving as
interim president and chief executive officer since that
time.
Jealous was born in Pacific Grove, Calif., and educated at
Columbia University and Oxford University, where he was a
Rhodes Scholar. He began his professional life in 1991 with
the NAACP, where he worked as a community organizer with the
Legal Defense Fund working on issues of health care access in
Harlem. His family boasts five generations of NAACP
membership.
During the mid 1990s, Jealous was managing editor of the
Jackson Advocate, Mississippi's oldest black newspaper. From
1999 to 2002, Jealous led the country's largest group of
Black community newspapers as executive director of the
National Newspaper Publishers Association.
Jealous left the Publishers Association for Amnesty
International to direct its U.S. Human Rights Program, for
which he successfully lobbied for federal legislation against
prison rape, public disapproval of racial profiling after
Sept. 11, and exposure of widespread sentencing of children
to life in prison without the possibility of parole.
Since 2005, Jealous has served as president of the
Rosenberg Foundation, a private institution that supports
civil and human rights advocacy. His experiences caught the
attention of the NAACP's search committee, and Jealous said
mentors encouraged him to take the job.
``Like all black people in this country. I am deeply
grateful for what the NAACP has accomplished in the 20th
century, and I want to make sure it's as strong and as
powerful in the 21st century,'' he said. ``If I thought that
I could help rebuild, if I thought that I could help bring in
more funds and give direction to the national staff and
increase morale, I needed to take it very seriously, and
that's what I've done.''
The NAACP was founded in 1909 by an interracial coalition
that battled segregation and lynching and helped win some of
the nation's biggest civil rights victories. But in the wake
of racial advances, the organization has struggled
financially.
Among his plans for the group are strengthening its online
presence to connect with activists, mobilize public opinion
and build a database for tracking racial discrimination and
hate crimes; ensuring high voter turnout among Blacks in the
November election; pushing an aggressive civil rights agenda,
regardless of the makeup of the Congress or White House; and
retooling the national office to make it more effective at
helping local branches affect change in their communities.
What Jealous lacks in oratorical appeal, he makes up for as
an administrator skills he honed during his tenure with the
Publishers Association. And his foundation experience could
help with fundraising especially as the NAACP looks to raise
$100 million in conjunction with its 100th anniversary in
February.
____________________
IN HONOR OF CELEBRATING 80TH BIRTHDAY OF GERALD (JERRY) KOPEL AND 56TH
ANNIVERSARY OF JERRY AND DOLORES KOPEL
______
HON. DIANA DeGETTE
of colorado
in the house of representatives
Monday, June 23, 2008
Ms. DeGETTE. Madam Speaker, I rise to recognize a dual celebration
for two distinguished members of the First Congressional District. This
week the Kopel family of Denver celebrates the 80th Birthday of Gerald
(Jerry) Kopel and the 56th Anniversary of the marriage between Jerry
and Dolores Kopel.
Jerry and Dolores have led an interesting and engaged life together,
balancing careers in journalism, law, politics, and policy. They were
the original ``power couple'' long before dual careers were more
outwardly prevalent and socially acceptable. What is truly admirable is
the Kopels managed to pursue these accomplishments while raising a
family and contributing to the broader well-being of our community.
Dolores and Jerry met at the University of Colorado when Jerry was
city editor of the Silver and Gold newspaper and Dolores was a
reporter. Jerry graduated from the University and Dolores transferred
to the University of Denver College of Law. They married at the end of
her first year of law school, while Jerry was working for the Rocky
Mountain News.
Dolores graduated from law school cum laude in June 1954. Jerry
enrolled in law school in January 1955 but continued for a while to
pull night shifts at the Rocky Mountain News as a copy editor. In 1958,
Jerry graduated cum laude from the University of Denver. The Kopels had
the unique experience of practicing law together until 1979, when
Dolores was appointed U.S. Trustee for the District of Colorado and
Kansas.
As part of his life-long dedication to giving back to the community
and preparing the next generation for careers in law, Jerry directed a
review course for law students preparing for the Colorado bar exam from
1958 through 1985.
In 1964, Jerry combined his background in journalism and his law
degree to become an influential member of the Democratic Party. He
served as State representative for a total of 22 years, spanning 2
decades.
Jerry was known as the consummate legislator, reading every bill and
every amendment that came before the House chamber. He successfully
carried 110 bills as chief sponsor, including the Nation's first sunset
law.
Jerry's 22 years in the State Legislature and his extensive
involvement in community issues and Colorado politics are encapsulated
in ``The Gerald Kopel Papers'', which are housed in the Denver Public
Library's Western History Collection. The papers are perhaps the most
extensive archive of the public career of any American state legislator
from the 20th century.
After retiring from the Legislature in 1992, Jerry continued to
produce a printed newsletter, titled ``Jerry Kopel's Report'' until
1998. However, for many years, Jerry prepared weekly reports for House
Democrats and suggested amendments to bills being debated on the House
floor.
[[Page 13407]]
Since retirement, Jerry has returned to journalism. He writes a
weekly column for the Colorado Statesman and other newspapers and has
joined the technological age with an extensive Web site chronicling his
columns and exhibiting his extensive knowledge of Colorado politics,
law, and history.
Over the years, Jerry has won numerous awards from the Colorado Press
Association, most recently in 2006 in the Public Service writing
category. All of his 600-some columns were edited by his wife, Dolores.
Both Jerry and Dolores have received recognition from the Denver Bar
Association for 50 years of practice. Their son, David, is an attorney
and author who is a columnist for the Rocky Mountain News.
Jerry is also an accomplished cocktail pianist, and has entertained
at many local functions. He has issued several fine CDs, which are in
my personal collection.
I have personally known Jerry and Dolores for many years, eagerly
accepting Jerry's sage advice on politics and I am an ardent reader of
his weekly columns. Jerry and Dolores have had a distinctive lifetime
at the forefront of Colorado politics, policy, and history and their
commitment to public service and the betterment of the their fellow
Coloradans serves as a sterling example for younger generations and
those entering public policy careers.
I ask my colleagues to join me in wishing Mr. Kopel and his wife
Dolores a wonderful 56th Anniversary and Jerry a healthy and prosperous
80th birthday and pay tribute to their longstanding service and
dedication to the City of Denver and the State of Colorado.
____________________
TRIBUTE TO SIDNEY H. LICHTER
______
HON. BILL PASCRELL, JR.
of new jersey
in the house of representatives
Monday, June 23, 2008
Mr. PASCRELL. Madam Speaker, I would like to call to your attention
the life of an outstanding individual, Sidney H. Lichter, upon the
completion of his term of office as Commander, Department of New
Jersey, Jewish War Veterans of the U.S.A., on Saturday, June 21, 2008.
It is only fitting that he be honored in this, the permanent record
of the greatest democracy ever known, for he has served countless
others throughout his lifetime.
A native of Brooklyn, New York, Mr. Lichter enlisted in the Air Force
in 1966. He served two decades in the armed forces where he was able to
see much of the world and was awarded many honors. Mr. Lichter was
stationed all over the globe including: Headquarters, U.S. Air Force,
the Pentagon; Alabama; Taiwan, and Germany. When he retired in 1986 as
a Master Sergeant, he had been awarded such honors as the Meritorious
Service Medal, two Air Force Commendation Medals, the Vietnam Campaign
Medal with four campaign stars, along with both the Vietnam Service
Medal and the Vietnam Presidential Award.
Mr. Lichter decided in 1991 to continue his service to others, but
this time remaining close to home. He brought his commitment and
expertise to the volunteer sector. His time with the Jewish War
Veterans of the United States has proved to be as rewarding as his time
in the Air Force. Over his 17 years of membership, he has served as
Post Scholarship Chairman; Post Commander; Commander, Essex County
Council; Department of New Jersey Adjutant; both Junior and Senior Vice
Commander, and this past year he has served as Commander of the
Department. I am proud to represent a man who has spent his lifetime
serving his country and community, a commitment I am sure he will
continue for years to come.
The job of a United States Congressman involves much that is
rewarding, yet nothing compares to learning about and recognizing
individuals like Sidney H. Lichter.
Madam Speaker, I ask that you join our colleagues, Sidney's friends,
the Department of New Jersey, Jewish War Veterans of the U.S.A., and me
in recognizing Sidney H. Lichter.
____________________
APPLAUDING THE MARK THAT AUGUSTA SOUZA KAPPNER LEAVES ON BANK STREET
COLLEGE AND EDUCATION
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Monday, June 23, 2008
Mr. RANGEL. Madam Speaker, I rise today because a visionary in the
field of education has left her post at a premier New York institution
after championing the cause there for over a decade. Augusta Souza
Kappner, endearingly nicknamed ``Gussie,'' has stepped down from the
helm at Bank Street College of Education--a one-of-its-kind,
independent graduate school, set beside its own K8 day school, that
offers dynamic programs in professional development and community
service. She came to Bank Street 13 years ago with unimpeachable,
history-making credentials, having served as the first African-American
woman to preside over the City University of New York, and afterwards,
as the assistant secretary for vocational and adult education in the
Clinton Administration's Department of Education.
Besides the obvious heft, intellect, and insightfulness a woman of
her caliber inarguably brought to the position, those around her cite a
contagious sense of humor, an aura of accessibility, and a profound
loyalty to the institution as her defining assets. During her tenure at
the college, Kappner launched a series of innovative programs, ones
dealing with teacher preparation, early childhood education, leadership
development, and dropout prevention and college preparation for
adolescents. She oversaw as the college developed a new center to
advocate for high quality literature for all children, led efforts to
universalize pre-k for New York students, and built partnerships with
hundreds of public schools, creating in one instance a project that
trained more than 400 principals and assistant principals in the city.
She was committed to the Bank Street mission, motivated by its push to
address every and any contemporary challenge in American education,
guiding the institution through a strategic planning process to affirm
and interpret its ambitious aims and increasing its endowment sevenfold
through its capital campaign.
Kappner's unrelenting work ethic can be traced to her modest
beginnings, raised a poor kid in South Bronx, looking after her
dependent mother. She went on to earn a degree from Barnard College, a
master's degree in social work from Hunter College, and a doctorate in
social welfare policy from Columbia University.
She leaves with a trail of notable achievements to her name and
legacy, and she is well-poised, prepared, and positioned for her next
endeavor.
____________________
RECOGNIZING THE CONTRIBUTIONS OF CAPTAIN EVELYN DECKER
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Monday, June 23, 2008
Mr. RANGEL. Madam Speaker, I rise today to recognize and to pay
tribute to one of America's heroes, Captain Evelyn Decker. Captain
Decker recently passed away on Friday, April 25, 2008, at the Northport
Veterans Medical Center in Northport, New York. Captain Decker was one
of the first African American nurses accepted to serve in the armed
forces' Army Nurse Corps during the Korean War. She served with
distinction for 13 years, in World War II and the Korean War, receiving
the following medals and citation: American Campaign Medal; National
Defense Medal; Korean Service Medal with 2 Bronze Service Stars; United
Nations Service Medal; World War II Victory Medal; Army of Occupation
Medal with Japan and Germany clasp; Service Lapel Button WWII; and
Republic of Korea Presidential Unit Citation.
Specifically, Captain Evelyn Decker belonged to the 38th Parallel
Medical Society of Korea, and served as a nurse in the 8055 MASH unit.
Nurses were on the front lines facing danger day and night, and Captain
Decker was no exception, having been stationed on the front lines for
months longer than normal tours of duty called for. During this time,
she helped to save many lives and provided incalculable comfort to
countless American soldiers. In addition, she did this as an African
American woman serving in a segregated military. I know from my Korean
War service that nurses valiantly went into harm's way in order to
provide medical care for wounded American soldiers.
Aware that her war duty had compromised her health, making it
impossible for her to serve to the standards she wished, Captain Decker
left the army. It was many years before she would receive a 100 percent
service-connected disability rating for lung disease caused by her tour
of duty in Korea. Furthermore, it would take a full 50 years after her
leaving the service before Captain Decker, at the age of 92, would
finally be presented with her captain's bars and the several medals to
which she was entitled.
[[Page 13408]]
During all this time, Captain Decker continued to participate in
military-related activities, up to and including the current events
surrounding the commemoration of the Women in Military Service for
America Memorial. Though frail and wheelchair-bound in recent years,
Captain Decker felt it was important to stay involved and ensure that
young people understood the contributions and sacrifices made by so
many of all races and genders for our country.
____________________
CALALLEN HIGH SCHOOL WILDCATS BASEBALL TEAM
______
HON. SOLOMON P. ORTIZ
of texas
in the house of representatives
Monday, June 23, 2008
Mr. ORTIZ. Madam Speaker, I rise today to congratulate the Calallen
High School Wildcats for winning the 2008 Texas State 4A Baseball
Championship.
The Wildcats' title marked their third of this decade. Calallen
culminated their impressive run with a win over the Waxahachie Indians
11-1, a margin so large that the game ended in the fifth inning due to
a ten run mercy rule. Catcher Patrick Frasier was named MVP, after
going two for three with four RBI and two runs.
This win, however, represents the efforts of the entire team, which
was made up of Matt Garza, Derek Hagy, Aaron Alaniz, Logan Verrett,
Jeramie Marek, Bryden McClure, Brett Bell, Jake Huddleston, Kris
Guerrero, Dustin Vaughan, Hunter Whetsel, Skyler Hoelscher, Patrick
Frasier, Dustin Marrou, Travis Neslony, Will Reynolds, Tyler Denman,
Roland Resendez, Jordan John, Dillon Denman, Chad Vanaman, Parker
Dorsey, Collin Simpson, Adam Hoelscher, Richard Montemayor, Nick Ginn,
Rick Salazar, and Robert Zastryzny, as well as Head Coach Steve Chapman
and Assistant Coaches Joe Luis Lopez and Rudy Salinas.
I extend my heartfelt congratulations to Coach Chapman and the team,
as well as the parents, teachers, and student boosters who worked so
hard to propel their team to a historic season.
I especially want to congratulate the seniors on their graduation and
best wishes on their future plans.
Playing for a high school team is always a rewarding experience--one
that provides enduring lessons in teamwork and responsibility. These
student athletes will carry the lessons they learned, both on the
diamond and in the classroom, for the rest of their lives.
____________________
H.R. 3403, THE NEW AND EMERGING TECHNOLOGIES 911 IMPROVEMENT ACT OF
2008
______
HON. JOHN D. DINGELL
of michigan
in the house of representatives
Monday, June 23, 2008
Mr. DINGELL. Madam Speaker, I rise in support of H.R. 3403, the New
and Emerging Technologies 911 Improvement Act of 2008.
This legislation ensures that consumers using Voice over Internet
Protocol technology, or VoIP, can make full use of the 911 system in
two important ways. First, the legislation extends the same liability
protections afforded to wireline and wireless carriers, public safety,
and end users to VoIP service. This parity in liability protections
will encourage service providers, public safety, and end users to
continue to rely on the 911 emergency communications system, regardless
of the technology used to make a 911 call. Second, the legislation
ensures that VoIP providers can interconnect with legacy telephone
networks so they can deliver calls and information to 911 call centers.
Representative Gordon, the author of H.R. 3403, Representative
Markey, Chairman of the Subcommittee on Telecommunications and the
Internet, Representative Barton, Ranking Member of the Committee,
Representatives Upton and Stearns, the former and current Ranking
Members of the Subcommittee, and I worked very closely with all
stakeholders on this legislation, and it has widespread support among
the public safety community, industry, and others.
As is clear from the language of the legislation, the requirement for
interconnection is for purposes of 911 only and should not be used to
bootstrap access for other reasons. Similarly, the legislation makes
clear that those who control the legacy gateways to the emergency
communications system must provide access, including rights of
interconnection, to those seeking to deliver 911 calls and information.
Because all stakeholders agreed to the legislative language, we fully
expect that this access will not be inhibited by either delay or
litigation.
H.R. 3403 also requires the development of a national plan to ensure
that the 911 system continues to evolve. It is significant that the
plan will include the participation of first responders, including the
emergency communications professionals maintaining and using the
system. It is also important that the plan will address the needs of
the disabilities community when they use emergency communications. I
look forward to reviewing the results of this work so we can begin to
move to the next generation of emergency communications.
I am disappointed that the Senate stripped out one provision of the
House-passed version of this legislation that protected proprietary
customer information. This provision prohibited a carrier from using
the customer information that other carriers are required to provide
for 911 databases for any purpose other than emergency communications.
I heard no rational argument against the policy underlying this
provision. Nevertheless, in the interest of ensuring that this
legislation be enacted swiftly, I will support the bill as passed by
the Senate. I intend, however, to take this matter up again in the
future. We owe it to consumers to ensure that their emergency
communications system does not become a playground for competitive
shenanigans.
H.R. 3403 is a forward-looking bill that ensures that consumers using
VoIP service are able to access 911 as easily as consumers using
wireline or wireless services. Each of its elements--giving VoIP
providers access to the components they need to provide 911 service;
extending to VoIP providers, public safety officials, and end users the
liability protections currently afforded to wireline and wireless
services; and requiring a plan for the continued evolution of the
emergency communications system--is a worthy victory for all consumers.
I commend Representative Gordon for his years of dedication to this
important issue and hail this success, from which all Americans will
reap benefits for years to come.
____________________
TRIBUTE TO A GREAT COMPOSER, IRVING BURGIE
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Monday, June 23, 2008
Mr. RANGEL. Madam Speaker, I rise today to recognize the amazing
accomplishments of one of America's greatest composers, Irving Burgie;
and to enter into the Record an appreciation by Tony Best from New York
CaribNews for the week ending June 3, 2008, titled ``Hailed Irving
Burgie with Honorary Doctorate, Tribute to Composer of Some of the
World's Most Memorable Music.''
Mr. Burgie is most known for his work with Harry Belafonte for whom
he composed 34 songs between 1955 and 1960. He composed 8 of the 11
songs on Belafonte's Calypso album, which was number 1 on the Billboard
Charts for 32 weeks and remained on the charts for nearly 2 years.
``Calypso'' was the first album of any kind to sell over a million
copies, thus making Burgie and Belafonte one of the most successful
singer-writer collaborations in recorded music history.
Growing up in the West Indian section of Brooklyn, Mr. Burgie became
interested in music of other cultures in his travels as a soldier in
World War II. He enrolled in the Julliard School of Music, developing a
broad knowledge of song literature. His songs not only changed the
culture of music but changed the way people taught their children about
music. The article describes his music, as music ``that brings hope and
puts smiles on faces of people across the globe.'' Mr. Burgie has left
a lasting mark on music for many generations.
In addition to his outstanding musical career achievements, Mr.
Burgie has been very generous in his philanthropic efforts to improve
the lives of students interested in pursuing a career in music. Mr.
Burgie has dedicated his life to making the world a better place
through his artistic and charitable efforts and he is truly deserving
of the honorary doctorate presented to him by St. John's University.
[From the Caribnews, June 3, 2008]
Irving Burgie Hailed With Honorary Doctorate
(By Tony Best)
``Concrete examples of committed lives.''
The Rev. John Kettleberger, St. John's University's
Director of Residence Ministry was describing two outstanding
public figures in the United States, Irving Burgie, composer
of some of the world's most memorable music and Sister
Anthony Barczykowski, Executive Director of Community Service
for the Catholic Church's Archdiocese of New Orleans.
[[Page 13409]]
Both the composer, an artiste with strong Brooklyn and
Caribbean roots, and Sister Barczykowski, whose work in New
Orleans after the Hurricane Katrina disaster ``brought hope''
to the survivors of the floods and gale force winds that left
thousands homeless were hailed before an audience of at least
10,000 students, faculty, parents, relatives and friends of
the 2008 graduating class.
Each was presented with honorary doctorates of Humane
Letters and they were praised for their ``commitment to
service'' to others and for the way they channeled their
energies and outstanding talents for the good of humanity.
Actually, the Rev. Kettleberger spoke about the two
honorees as he delivered the invocation at the beginning of
the 138th commencement exercises at one of America's leading
Catholic schools of higher learning. With almost 3,000
students graduating with Bachelor's, Master's and doctorates,
the afternoon of pomp, ceremony and stirring commencement
addresses by the Rev. Dr. Donald Harrington, St. John's
President, and Whitney Coleman, a graduating senior of the
College of Liberal Arts and Science, who spoke on behalf of
all the students, was underscored by the smiling faces and
tears of joy that flowed freely as proud parents and some of
the students themselves were affected by the emotions of the
moment. ``It was truly an emotional moment for me,'' Burgie
said afterwards as he reflected on the tears he shed on being
lauded and presented the doctorate from the University's
President. ``I was thinking of my wife who died recently,
about the pleasure she would have enjoyed if she were present
on this occasion,'' he said.
``But it was also emotional to have my sons, their wives
and a granddaughter to share this honor with me,''
Burgie, who had previously received an honorary doctorate
from the University of the West Indies, was described by Dr.
Julia Upton, Provost of St. John's, as a ``man who used his
special gifts to lift the hearts'' and the ``spirits'' of
tens of millions of people around the world.
As she explained it, Burgie, the son of a West Indian
mother used his music to ``bring hope'' and put ``smiles'' on
the faces of people across the globe, often at times of great
challenges. Indeed, few artistes anywhere had enhanced the
national and global landscapes with their music like Burgie,
whose songs, among them ``Day-O,'' ``Island in the Sun,''
``Mary's Boy-Child,'' and ``Angelina,'' were made famous by
Harry Belafonte, Dr. Upton said. They sold more than 100
millions in the 50-plus years since they first came onto the
musical scene in the 1950s. Most of the songs on the Harry
Belafonte album, Calypso, propelled the collection to the top
spot on the Billboard Charts and enabled it to become the
first album in the history of recorded music to sell a
million copies. But he wasn't simply recognized for his
artistic triumphs. Burgie, who was recently inducted into the
Song writers Hall of Fame in the United States was heralded
for the more than $100,000 in scholarships he gave over 25
years to Bajan youth to encourage their writing skills and
the musical scholarship endowed by ASCAP to help American
students pursue their musical careers.
In essence, then, both Sister Anthony and Burgie had
devoted their lives to the task of making the world a better
place and proof of their success can be seen in the hope they
had inspired in successive generations, St. John's University
stated.
The emphasis on ``hope'' was at the core of the President's
commencement address. He pinpointed many of the serious
challenges the world was facing and they ranged from the
global economic downturn; starvation in Africa; and the
global food crisis to the divisive presidential campaign in
the United States; and the devastating wars in Iraq and
Afghanistan which have cost more than 4,000 Americans and
trillions of dollars in U.S. and British taxpayer money.
But he wasn't disheartened by the monumental task at hand.
Indeed, the President said he was ``optimistic'' because of
the many, ``wonderful people'' who had worked hard to
transform society, Burgie and Sister Anthony included, and
because of the young people, especially the members of the
graduating class who were prepared to assume their roles in
society.
Coleman, the Black student who spoke for the entire class,
emphasized the importance of ``giving back'' and the need for
individuals and society to ``re-fuel'' when their tanks were
running low. Just as important was the need to put the
``exemplary education'' the students had received at St.
John's to produce. It was, she asserted, a kind of
``roadmap'' that would guide them at the beginning of life's
journey and would help them along the way. At the end of the
ceremonies, Burgie who was born and grew up in Brooklyn but
whose music has made him a world citizen summed up the
situation: ``It was simply wonderful. I thank St. John's for
the honor.''
____________________
PERSONAL EXPLANATION
______
HON. W. TODD AKIN
of missouri
in the house of representatives
Monday, June 23, 2008
Mr. AKIN. Madam Speaker, on the afternoon of June 18, 2008, I
erroneously voted to override the President's veto on H.R. 6124, (roll
call No. 417), the Food, Conservation and Energy Act. I intended to
vote ``nay'' and sustain the President's veto.
____________________
PERSONAL EXPLANATION-
______
HON. BOBBY L. RUSH
of illinois
in the house of representatives
Monday, June 23, 2008
Mr. RUSH. Madam Speaker, unfortunately I have been out on medical
leave. I have been unable to cast votes; however, I would like the
record to reflect my intentions had I been present. Had I been present
for rollcall No. 414, I would have voted ``aye''. Had I been present
for rollcall No. 415, I would have voted ``aye''. Had I been present
for rollcall No. 416, I would have voted ``aye''. Had I been present
for rollcall No. 417, I would have voted ``aye''. Had I been present
for rollcall No. 418, I would have voted ``aye''. Had I been present
for rollcall No.419, I would have voted ``aye''. Had I been present for
rollcall No. 420, I would have voted ``nay'' Had I been present for
rollcall No. 421, I would have voted ``aye''. Had I been present for
rollcall No. 422, I would have voted ``aye''. Had I been present for
rollcall No. 423, I would have voted ``aye''. Had I been present for
rollcall No. 424, I would have voted ``aye''. Had I been present for
rollcall No. 425, I would have voted ``aye''. Had I been present for
rollcall No. 426, I would have voted ``aye''. Had I been present for
rollcall No. 427, I would have voted ``nay''. Had I been present for
rollcall No. 428, I would have voted ``aye''. Had I been present for
rollcall No. 429, I would have voted ``aye''. Had I been present for
rollcall No. 430, I would have voted ``aye''. Had I been present for
rollcall No. 431, I would have voted ``nay''. Had I been present for
rollcall No. 432, I would have voted ``aye''. Had I been present for
rollcall No. 433, I would have voted ``aye''. Had I been present for
rollcall No. 434, I would have voted ``aye''. Had I been present for
rollcall No. 435, I would have voted ``aye''. Had I been present for
rollcall No. 436, I would have voted ``aye''. Had I been present for
rollcall No. 437, I would have voted ``nay''.
____________________
REMARKS IN RECOGNITION OF TONI ANN SECREST
______
HON. JACKIE SPEIER
of california
in the house of representatives
Monday, June 23, 2008
Ms. SPEIER. Madam Speaker, I rise in heartfelt gratitude to Assistant
Principal Toni Ann Secrest who is retiring after 38 passionate years of
service to the students, faculty and parents of Mercy High School in
Burlingame, California.
Ms. Secrest arrived at Mercy in 1970, just two years after I
graduated. While I had the best teachers a student could ask for, Toni
Ann Secrest is one more reason why I wish I was just a little younger.
Her energetic approach to teaching, her love of all things historical
and her captivating and entertaining storytelling ability are
legendary.
Toni Ann's students, it is said, never graduate. She instills in them
the love of critical thinking and intellectual examination that
inspires them to continue along the path of lifelong learning. This
didn't stop when she moved out of the classroom and into the
counselor's chair. Seeing the mission of her new job as much more than
advising on college and careers, Ms. Secrest offered real counsel.
Students always left her office more inspired and infinitely more
hopeful than they went in.
As Assistant Principal, Toni Ann Secrest was without peer. She
brought Mercy High School into the information age by revamping the
curriculum to replace typing classes with computer science. She brought
the faculty and administration up-to-date also, even if it meant
dragging them against their will to learn and embrace new technologies.
Toni Ann is adored by her former students. To a person, they remember
her intellect, her kindness and her style. Toni Ann dresses like she
lives. She sets an example. As one student recalled, ``Ms. Secrest
always had it going on.'' To this day, she is the best-dressed person
in any room.
Madam Speaker, like you, Toni Ann Secrest is a pioneer. She was a
member of the first co-ed graduating class of the University of
[[Page 13410]]
San Francisco, where she got her degree in History. She also has a
master's in Counseling from USF and has earned her Secondary Teaching
Credential for Life and a Pupil Personnel Credential for Life.
And what a life! Admired by all who work with her (especially me),
appreciated by the thousands she has mentored, loved by her large
extended family and appreciated by her community.
____________________
HONORING DR. MARLIN B. CREASY UPON HIS RETIREMENT FROM MUNCIE COMMUNITY
SCHOOLS
______
HON. MIKE PENCE
of indiana
in the house of representatives
Monday, June 23, 2008
Mr. PENCE. Madam Speaker, I rise today to pay tribute to the long and
distinguished career of Dr. Marlin B. Creasy.
Dr. Creasy has served as the superintendent of Muncie Community
Schools since 1997, but he will long be remembered for a commitment to
public education that goes back some 40 years. Ever a champion of the
Muncie schools and community, Dr. Creasy was loved by students,
parents, faculty, and staff alike.
Dr. Creasy spent countless evenings and weekends throughout his
career attending school activities. It was this personal interaction
and involvement that impacted students most and this was clearly Dr.
Creasy's first love.
Next year, as students fill the halls of Muncie Community Schools,
Dr. Creasy will be sorely missed, but his legacy will live on. The
lives of the students that Dr. Creasy touched will lead them to
experiences that will change the face of Muncie for years to come.
I'd like to thank Dr. Marlin B. Creasy for being a leader in the
community and in the lives of the children for whom he opened the doors
to a better education.
____________________
HONORING JUDGE EUGENE HYMAN
______
HON. ZOE LOFGREN
of california
in the house of representatives
Monday, June 23, 2008
Ms. ZOE LOFGREN of California. Madam Speaker, I rise today to
recognize the Honorable Judge Eugene Hyman and the California State
Superior Court for Santa Clara County for receiving the 2008 United
Nations Public Service Award today in New York City.
Established in 2003, the United Nations Public Service Award is
regarded as the most prestigious international recognition of
excellence in public service. In an annual competition, the United
Nations presents their U.N. Public Service Awards, rewarding creative
achievements and contributions of public service institutions that lead
to more effective and responsive public administrations in countries
worldwide.
This year's ceremony is particularly special, not only for the
innovative achievements of Judge Hyman, but because Judge Hyman is the
first American to receive the United Nations Public Service Award. The
project he helped initiate--the Juvenile Delinquency Domestic Violence
and Family Violence Court--is being honored in the ``Improving
transparency, accountability and responsiveness in the public service''
category.
Judge Eugene Hyman's extensive involvement in the local community
shows that he is truly deserving of this honor. As a former police
officer and trial lawyer, Judge Hyman was appointed to the Santa Clara
County Municipal Court in 1990 and the Superior Court for Santa Clara
County in 1997. In 1999, Judge Hyman created the Santa Clara County
Juvenile Delinquency Domestic Violence and Family Violence Court.
Judge Hyman's Juvenile Violence Court was the very first of its kind
in the United States. With Judge Hyman's dedication and innovation, the
Juvenile Violence Court has had a dramatic impact on reducing the
number of violent young offenders being re-arrested for violent crimes.
This unique system is one that can be easily implemented across the
country because all that is required is knowledge of the program and a
commitment to follow-through.
I am proud to have this wonderful program and person in my community.
I offer my congratulations to Judge Hyman and the Santa Clara County
Superior Court for this prestigious award.
____________________
TRIBUTE TO BARBARA CROCKETT MOORE
______
HON. JAMES E. CLYBURN
of south carolina
in the house of representatives
Monday, June 23, 2008
Mr. CLYBURN. Madam Speaker, I rise today to pay tribute to a
constituent and an extremely talented woman committed to community
service at all levels. This month Barbara Crockett Moore will complete
her tenure as International Grand Basileus of the Zeta Phi Beta
Sorority. She has served in this capacity since 2002, and has proven to
be an extraordinary and effective leader.
As the Zeta's International Grand Basileus, Mrs. Moore leads a
sorority made up of 100,000 minority and African-American women in
America and abroad. She has led the Zetas in national community
outreach services, public policy, governmental affairs, and oversees
overall administrative function, including its fiscal management. She
has focused her leadership on enhancing the Zeta's commitment to
community service and all humanity. Her crowning achievement is the
implementation of the international initiative known as Z-HOPE: Zetas
Helping Other People to Excel. The program has had positive impacts on
more than a million people in America and abroad. Z-HOPE has
commissioned more than 44 water wells in Ghana, and West Africa and has
begun construction on a health center at the Afua Kobi Ampen Girls
School in Ghana.
Mrs. Moore is also responsible for launching the Zeta's new program
initiative called ZOL, which seeks to empower women in all aspects of
their lives. The program encourages women taking charge of their health
and inspires women to take on leadership roles in the sorority and
their communities. She has made it a priority to grow the sorority's
National Education Foundation by one million dollars, and has formed
the Zeta Congressional Institute, which will encourage women to seek
public office and provide internships for young women in the
Washington, DC area at the Washington Institute. Under Mrs. Moore's
leadership, the Zeta's completed a two million dollar renovation to the
national headquarters in Washington creating state-of-the-art
facilities.
Mrs. Moore's success in the Zeta's lead ship stems from her previous
work in various capacities in the sorority. She has served as Chair of
the National Executive Board, First Anti-Basileus, Chair of the
National Membership Committee and as the FIPSC Project Director, where
she managed the first federally funded grant awarded to the sorority.
Prior to becoming Grand Basileus, she was Chair of the National Capital
Campaign that raised money for the headquarters renovations. She has
also served as Boule Chief of Protocol, Chair of the Southeastern
Regional Board, Southeastern Regional Conference Marshal, South
Carolina State Director, and Basileus of the Kappa Eta Zeta Chapter.
In addition to her duties as Grand Basileus of Zeta Phi Beta, Mrs.
Moore serves as Vice President for Institutional Advancement at
Benedict College in Columbia, South Carolina. She is also very active
in the community as a member of Project Blueprint, The Columbia Forum,
Ebony Keys, the Ridgewood Ladies Golf Club and Top Ladies of
Distinction, Inc. She is a former board member of the Midlands YWCA,
Richland County March of Dimes Foundation, and the Three Rivers Health
Care Agency.
She is the recipient of numerous awards including being named one of
Ebony magazine's top five organizational leaders in the country. She
has been inducted into the United Black Fund of the Midlands' South
Carolina Black Hall of Fame and recognized by the African American
Cultural Complex in Raleigh, NC as a ``Woman of Note'' for her
exemplary leadership.
Mrs. Moore and her husband, Norman, have one adult daughter,
Walletta.
Madam Speaker, I ask you and my colleagues to join me in
congratulating Barbara Crockett Moore for her outstanding service to
Zeta Phi Beta Sorority and our country. She has selflessly given her
time and talents to lead a wonderful organization that is really making
a difference in America and overseas. I commend her dedication to
service, and look forward to seeing her at work in other leadership
roles.
____________________
ON THE 36TH ANNIVERSARY OF TITLE IX
______
HON. ROBERT C. ``BOBBY'' SCOTT
of virginia
in the house of representatives
Monday, June 23, 2008
Mr. SCOTT of Virginia. Madam Speaker, I rise today to commemorate the
36th anniversary of Title IX of the Education Amendments
[[Page 13411]]
of 1972. Title IX was the culmination of the hard work of many women
and men who fought for women's rights to equal opportunities within the
American education system. Today, we remember their efforts and we
celebrate their achievements.
Title IX was the first comprehensive federal law to prohibit sex
discrimination against students and employees of educational
institutions. Title IX has benefited both males and females, and is at
the heart of efforts to create gender equitable schools with equal
opportunities and treatment for women. The law requires educational
institutions to maintain policies, practices and programs that do not
discriminate against anyone based on sex. Under this law, males and
females must receive fair and equal treatment in all areas of higher
education, such as admissions, educational programs and athletics.
The benefits of Title IX are compelling and throughout these 36 years
we have seen women seize the opportunity to thrive within the education
system in all areas. High school sports participation for females has
risen 903% since the early 70s. In 1970, women earned only 14% of
doctoral degrees, but today earn nearly 50%. Over these 36 years, women
have entered and thrived in male-dominated fields such as business and
science. I'd like to recognize the 92 current female Members of this
Congress who have also entered and thrived in another male-dominated
field. Many of my distinguished colleagues have been beneficiaries of
Title IX. They have rightfully been given an opportunity to be free
from sex discrimination and they are continuing to pave the way for
women coming after them.
Throughout our recent history, America has seen the growing momentum
to achieve the equality enshrined in our Constitution. The Civil Rights
Act of 1964 was the first giant step, which prohibited discrimination
on the basis of race, color, sex and national origin. Then during the
decade after the passage of the Civil Rights Act, Congress passed a
series of laws extending civil rights protections in federally assisted
programs. There was Title IX, then Section 504 of the Rehabilitation
Act of 1973 which protected those with disabilities, then the Age
Discrimination Act of 1975 which prohibited age discrimination, and
then the Individuals with Disabilities Education Act to provide
education and intervention programs to youth with disabilities.
In the last 44 years we have made great progress towards achieving
equality and extraordinary legislation such as Title IX has made this
possible. However, despite all this progress, equal rights and
opportunities for all have not yet been realized. We continue on the
journey to obtain equal opportunities for all Americans, and we
acknowledge that there is much more to be done for women and for other
historically marginalized groups. But on the 36th anniversary of Title
IX, we celebrate our achievements as they give us strength to continue
on the path towards equality.
____________________
A TRIBUTE TO LIEUTENANT COLONEL CRAIG GREENE
______
HON. JOHN M. McHUGH
of new york
in the house of representatives
Monday, June 23, 2008
Mr. McHUGH. Madam Speaker, I rise today to pay tribute to an
exceptional officer in the United States Army, Lieutenant Colonel Craig
Greene, upon his retirement after 20 years of distinguished service.
Lieutenant Colonel Greene will retire on September 1, 2008 after having
last served as Deputy Chief, Army Senate Liaison Division, Office of
the Chief of Legislative Liaison.
I had the privilege to work with Lieutenant Colonel Greene during my
tenure as the Chairman of the House Armed Services Committee's Military
Personnel Subcommittee. At that time, he served as the Legislative
Liaison Officer for the Army, responsible for directing the Army's
Personnel Policy and the Operations and Readiness Portfolios.
Lieutenant Colonel Greene provided Members and staff with forthright
assessments important to ensuring a full understanding of the
challenges facing America's Army. His candor, integrity, and insights
were always valued. Recognizing Lieutenant Colonel Greene's proven
skills as a liaison officer and leader, the Army selected him to serve
as Deputy Chief of the Senate Liaison Division where he continued his
important work.
During his 5 years of service as an Army Congressional Liaison,
Lieutenant Colonel Greene flawlessly escorted over 50 Congressional
delegations worldwide, 12 of which were delegations to Iraq and
Afghanistan, in support of Operation Iraqi Freedom and Operation
Enduring Freedom, respectively. Members of Congress knew they could
count on Lieutenant Colonel Greene for his sage counsel, professional
advice and unwavering integrity.
Lieutenant Colonel Greene's Senate assignment was the capstone to an
outstanding career of service to our Nation. Upon graduating from the
University of Massachusetts, Lieutenant Colonel Greene served as an
Infantry Officer in command and staff positions in a number of infantry
units. Prior to Lieutenant Colonel Greene's assignment to the Office of
Chief of Legislative Liaison, he was assigned to the 25th Infantry
Division (Light), Schofield Barracks Hawaii from 2001 to 2003. A
soldier's soldier, his awards include the Defense Meritorious Medal,
four Meritorious Service Medals, five Army Accommodation Medals, two
Army Achievement Medals, the Expert Infantry Badge, the Ranger Tab, and
Parachutist and Air Assault Badge respectively.
Not only is Lieutenant Colonel Greene an exemplary soldier, he is
both husband and father. He is married to the former Michelle Snow of
Belchertown, MA, also a Lieutenant Colonel in the United States Army.
They have two children, Jackson--14 and Austen--10. In addition to his
many responsibilities, Lieutenant Colonel Greene finds time to
volunteer in his community, serving as a coach and as a participant in
career days at his children's schools.
The demands of military life are such that military families also
sacrifice and serve the Nation along with their soldier. Lieutenant
Colonel Greene's dedication to duty upholds the highest traditions of
military service. He has repeatedly stood for the defense of our Nation
and her citizens and their freedom. Devoted to the defense of liberty,
he epitomizes what it means to be a soldier and a patriot.
Madam Speaker, on behalf of Congress and the United States of
America, I thank Lieutenant Colonel Craig Greene, his wife, Lieutenant
Colonel Michelle Greene and their sons, Jackson and Austen, for the
commitment, sacrifices, and contributions that they have made
throughout his honorable military career. Congratulations on completing
an exceptional and successful career.
____________________
CONGRATULATING GARFIELD ON THE OCCASION OF HIS 30TH BIRTHDAY
______
HON. MIKE PENCE
of indiana
in the house of representatives
Monday, June 23, 2008
Mr. PENCE. Madam Speaker, I rise today to honor the 30th birthday of
arguably America's favorite feline friend, Garfield. From a humble
beginning in Muncie, Indiana on June 19, 1978, Garfield and his
creator, Jim Davis, have combined to bring laughter and cheer to the
lives of millions of Americans over the past three decades.
It would have been easy for the bright spotlight of fame to have
drawn our good friend Garfield away from his humble Indiana roots. Yet
as the Muncie Star Press writes in a June 19 editorial, ``Garfield is a
hometown cat at heart.'' Remaining true to his roots, Muncie's favorite
fat cat appears in the Guinness Book of World Records as the world's
most widely syndicated comic strip character, appearing in around 2,580
publications each day.
Madam Speaker, as we struggle with another Monday and find ourselves
longing for a lasagna dinner, Americans have turned for thirty years to
their friends Garfield, Jon, and Odie. Born at five pounds and six
ounces, Garfield ate so much pasta that he threatened to put an Italian
restaurant out of business, and was rescued to the relief of millions
of Americans who have been touched through his inspiring blend of
cynicism, complacency, and mediocrity.
As Americans have gone from typewriters to BlackBerry and hatchbacks
to SUVs, Garfield has remained a symbol of stability in an ever-
changing world. Despite the turbulence of the past 30 years, Americans
can still open their local newspaper to be greeted by the smiling face
of Garfield. Nine lives or not, Madam Speaker, Muncie's favorite cat
continues to live beyond all expectations.
[[Page 13412]]
____________________
IN RECOGNITION OF THE PAN-MACEDONIAN STUDIES CENTER ON THE OCCASION OF
ITS SECOND ANNUAL TESTIMONIAL DINNER
______
HON. CAROLYN B. MALONEY
of new york
in the house of representatives
Monday, June 23, 2008
Mrs. MALONEY of New York. Madam Speaker, I rise to pay tribute to the
Pan-Macedonian Studies Center on the occasion of its Second Annual
Testimonial Dinner. This year the Center will be honoring His Eminence
Archbishop Demetrios, Primate of the Greek Orthodox Church in America,
with the Philippion Award.
The Pan-Macedonian Studies Center was established in 1995 by Elias L.
Neofytides, Fotis Gerasopoulos and Paul Evangelou to help forge links
between generations and between persons of Hellenic descent living in
the U.S. and Greece. The Center thus helped ease the transition for
adults adapting to a new life in America and increase understanding
between generations.
The Pan-Macedonian Studies Center has showcased the best of American
and Hellenic cultures. It sponsors programs for young and old,
including offerings in sports, fitness, arts and crafts, and dancing;
educational initiatives such as a lending library and tutoring; and
services including lessons on health education, accounting, civics, and
computer literacy. The Center also helps produce Macedonian TV
programming airing on Queens public television, and publishes and
disseminates books on Macedonian culture to schools and libraries in
the United States at no cost. The Center is open to all, regardless of
ethnic origin, and all its services and programs are free of charge.
This year, the Pan-Macedonian Studies Center has selected His
Eminence Archbishop Demetrios to receive the Philippion Award for his
contributions to the Hellenic-American community. His Eminence
Archbishop Demetrios is a distinguished Macedonian who always brings
``peace and serenity'' into the hearts of the faithful adherents of his
faith.
He was born Demetrios Trakatellis in Thessaloniki, Greece on February
1, 1928. In 1950 he graduated with distinction from the University of
Athens School of Theology. In 1960 he was ordained a deacon, and in
1964 he became a priest. He was elected Bishop of Vresthena in 1967,
and served as an auxiliary bishop to the Archbishop of Athens with the
primary responsibility for the theological education of the clergy.
From 1965 to 1971, on scholarship from the Harvard University Graduate
School of Arts and Sciences, he studied New Testament and
Christianity's origins and earned a Ph.D. ``with distinction'' in 1972.
As Bishop of Vresthena, he then returned to his ecclesiastical
position in the Archdiocese of Athens and in the ensuing years he held
the responsibilities of the theological education of the clergy, youth
ministries, and other duties related to theological conferences in
Greece and abroad. In 1977, he earned a Th.D. in Theology from the
University of Athens.
From 1983 to 1993, the Bishop of Vresthena was the Distinguished
Professor of Biblical Studies and Christian Origins at Holy Cross Greek
Orthodox School of Theology in Brookline, MA. Serving as a faculty
member for more than a decade, he taught many of America's Greek
Orthodox clergy. He also taught at Harvard Divinity School as a
Visiting Professor of New Testament during the academic years of 1984
to 1985 and from 1988 to 1989. After several years in the United
States, he returned to Greece in 1993 to pursue full-time scholarly
writing and research. At the same time, he resumed his responsibilities
at the Archdiocese of Athens.
Elected Archbishop of America in 1999 by the Holy and Sacred Synod of
the Ecumenical Patriarchate, Archbishop Demetrios was enthroned on
September 18, 1999 at the Archdiocesan Cathedral of the Holy Trinity in
New York City. As Archbishop of America, he leads a church of more than
one and a half million Greek Orthodox Christians in the United States.
He has done so with distinction, and in so doing has made enormous
contributions to our Nation and our world.
I ask that my colleagues join me in saluting the Pan-Macedonian
Studies Center and its distinguished honoree, His Eminence Archbishop
Demetrios.
____________________
SUNSET MEMORIAL
______
HON. TRENT FRANKS
of arizona
in the house of representatives
Monday, June 23, 2008
Mr. FRANKS of Arizona. Madam Speaker, I stand once again before this
House with yet another Sunset Memorial.
It is June 23, 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's
just today, Madam Speaker. That's more than the number of innocent
lives lost on September 11 in this country, only it happens every day.
It has now been exactly 12,936 days since the tragedy called Roe v.
Wade was first handed down. Since then, the very foundation of this
Nation has been stained by the blood of almost 50 million of its own
children. Some of them, Madam Speaker, cried and screamed as they died,
but because it was amniotic fluid passing over the vocal cords instead
of air, we couldn't hear them.
All of them had at least four things in common. First, 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 one of their
mothers, whether she realizes it or not, will never be quite the same.
And all the gifts that these children might have brought to humanity
are now lost forever. Yet even in the glare of such tragedy, this
generation still clings to a blind, invincible ignorance while history
repeats itself and our own silent genocide mercilessly annihilates the
most helpless of all victims, those yet unborn.
Madam Speaker, perhaps it's time for those of us in this Chamber to
remind ourselves 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.'' 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.'' Madam Speaker, protecting the lives of our innocent citizens and
their constitutional rights is why we are all here.
The bedrock foundation of this Republic is the clarion 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. Madam
Speaker, it is who we are.
And yet today another day has passed, and we in this body have failed
again to honor that foundational commitment. We have failed our sworn
oath and our God-given responsibility as we broke faith with nearly
4,000 more innocent American babies who died today without the
protection we should have given them. And it seems so sad to me, Madam
Speaker, that this Sunset Memorial may be the only acknowledgement or
remembrance these children who died today will ever have in this
Chamber.
So as a small gesture, I would ask those in the Chamber who are
inclined to join me for a moment of silent memorial to these lost
little Americans.
So Madam Speaker, let me conclude this Sunset Memorial in the hope
that perhaps someone new who heard it tonight will finally embrace the
truth that abortion really does kill little babies; that it hurts
mothers in ways that we can never express; and that 12,936 days spent
killing nearly 50 million unborn children in America is enough; and
that it is time that we stood up together again, and remembered that we
are the same America that rejected human slavery and marched into
Europe to arrest the Nazi Holocaust; and we are still courageous and
compassionate enough to find a better way for mothers and their unborn
babies than abortion on demand.
Madam Speaker, as we consider the plight of unborn America tonight,
may we each remind ourselves that our own days in this sunshine of life
are also numbered and that all too soon each one 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 finally hear the cries
of innocent unborn children. May that be the day when we find the
humanity, the courage, and the will to embrace together our human and
our constitutional duty to protect these, the least of our tiny, little
American brothers and sisters from this murderous, scourge upon our
Nation called abortion on demand.
It is June 23, 2008, 12,936 days since Roe versus Wade first stained
the foundation of this Nation with the blood of its own children; this
in the land of the free and the home of the brave.
[[Page 13413]]
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 Tuesday, June 24, 2008 may be found in the
Daily Digest of today's Record.
MEETINGS SCHEDULED
JUNE 25
9 a.m.
Judiciary
Constitution Subcommittee
To hold hearings to examine laptop searches and other
violations of privacy faced by Americans returning from
overseas travel.
SD-226
9:30 a.m.
Energy and Natural Resources
To hold hearings to examine the increased global energy
demand, focusing on the challenges for meeting future
energy needs, while developing new technologies to
address the current and future global climate change.
SD-366
Foreign Relations
To hold hearings to examine a new strategy for an
enhanced partnership with Pakistan.
SD-419
Joint Economic Committee
To hold hearings to examine the United States economy,
focusing on the skyrocketing oil prices.
SD-106
10 a.m.
Environment and Public Works
To hold hearings to examine the future federal role for
surface transportation.
SD-406
Homeland Security and Governmental Affairs
Business meeting to consider S. 2583, to amend the
Improper Payments Information Act of 2002 (31 U.S.C.
3321 note) in order to prevent the loss of billions in
taxpayer dollars, S. 1924, to amend chapter 81 of title
5, United States Code, to create a presumption that a
disability or death of a Federal employee in fire
protection activities caused by any of certain diseases
is the result of the performance of such employee's
duty, H.R. 5683, to make certain reforms with respect
to the Government Accountability Office, S. 3013, to
provide for retirement equity for Federal employees in
nonforeign areas outside the 48 contiguous States and
the District of Columbia, S. 3175, to amend the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act to reauthorize the predisaster hazard mitigation
program, to make technical corrections to that Act, S.
2382, to require the Administrator of the Federal
Emergency Management Agency to quickly and fairly
address the abundance of surplus manufactured housing
units stored by the Federal Government around the
country at taxpayer expense, S. 2148, to provide for
greater diversity within, and to improve policy
direction and oversight of, the Senior Executive
Service, S. 2816, to provide for the appointment of the
Chief Human Capital Officer of the Department of
Homeland Security by the Secretary of Homeland
Security, S. 3015, to designate the facility of the
United States Postal Service located at 18 S. G Street,
Lakeview, Oregon, as the ``Dr. Bernard Daly Post Office
Building'', H.R. 5395 and S. 2622, bills to designate
the facility of the United States Postal Service
located at 11001 Dunklin Drive in St. Louis, Missouri,
as the ``William 'Bill'' Clay Post Office Building',
H.R. 5479, to designate the facility of the United
States Postal Service located at 117 North Kidd Street
in Ionia, Michigan, as the ``Alonzo Woodruff Post
Office Building'', H.R. 4185, to designate the facility
of the United States Postal Service located at 11151
Valley Boulevard in El Monte, California, as the
``Marisol Heredia Post Office Building'', H.R. 5528, to
designate the facility of the United States Postal
Service located at 120 Commercial Street in Brockton,
Massachusetts, as the ``Rocky Marciano Post Office
Building'', H.R. 3721, to designate the facility of the
United States Postal Service located at 1190 Lorena
Road in Lorena, Texas, as the ``Marine Gunnery Sgt.
John D. Fry Post Office Building'', H.R. 5517, to
designate the facility of the United States Postal
Service located at 7231 FM 1960 in Humble, Texas, as
the ``Texas Military Veterans Post Office'', H.R. 5168,
to designate the facility of the United States Postal
Service located at 19101 Cortez Boulevard in
Brooksville, Florida, as the ``Cody Grater Post Office
Building'', S. 3082, to designate the facility of the
United States Postal Service located at 1700 Cleveland
Avenue in Kansas City, Missouri, as the ``Reverend Earl
Abel Post Office Building'', and the nomination of
Elaine C. Duke, of Virginia, to be Under Secretary for
Management, Department of Homeland Security.
SD-342
Small Business and Entrepreneurship
To hold hearings to examine solutions to cope with the
rise in home heating oil prices.
SR-428A
11 a.m.
Appropriations
Energy and Water Development Subcommittee
Business meeting to markup proposed budget estimates for
fiscal year 2009 for the Energy Information
Administration, focusing on forecasts for oil and
gasoline prices.
SD-192
2:30 p.m.
Armed Services
To hold closed hearings to examine the current situation
in Afghanistan.
SR-222
Banking, Housing, and Urban Affairs
Business meeting to consider the nominations of Neel T.
Kashkari, of California, to be an Assistant Secretary
of the Treasury, Christopher R. Wall, of Virginia, to
be an Assistant Secretary of Commerce, Sheila McNamara
Greenwood, of Louisiana, to be an Assistant Secretary
of Housing and Urban Development, Susan D. Peppler, of
California, to be an Assistant Secretary of Housing and
Urban Development, Joseph J. Murin, of Pennsylvania, to
be President, Government National Mortgage Association,
Luis Aguilar, of Georgia, Troy A. Paredes, of Missouri,
and Elisse Walter, of Maryland, all to be Members of
the Securities and Exchange Commission, Donald B.
Marron, of Maryland, to be a Member of the Council of
Economic Advisers, and Michael E. Fryzel, of Illinois,
to be a Member of the National Credit Union
Administration Board.
SD-538
JUNE 26
9:30 a.m.
Armed Services
To hold hearings to examine the nominations of Nelson M.
Ford, of Virginia, to be Under Secretary of the Army,
Joseph A. Benkert, of Virginia, to be an Assistant
Secretary, Sean Joseph Stackley, of Virginia, to be an
Assistant Secretary of the Navy, and Frederick S.
Celec, of Virginia, to be Assistant to the Secretary
for Nuclear and Chemical and Biological Defense
Programs, all of the Department of Defense.
SD-106
Veterans' Affairs
Business meeting to markup S. 2969, to amend title 38,
United States Code, to enhance the capacity of the
Department of Veterans Affairs to recruit and retain
nurses and other critical health-care professionals, S.
2309, to amend title 38, United States Code, to clarify
the service treatable as service engaged in combat with
the enemy for utilization of non-official evidence for
proof of service-connection in a combat-related disease
or injury, S. 22, to amend title 38, United States
Code, to establish a program of educational assistance
for members of the Armed Forces who serve in the Armed
Forces after September 11, 2001, S. 2617, to increase,
effective as of December 1, 2008, the rates of
compensation for veterans with service-connected
disabilities and the rates of dependency and indemnity
compensation for the survivors of certain disabled
veterans, and an original bill to provide technical
corrections to S. 22, the Post 9/11 Veterans
Educational Assistance Act of 2007; to be immediately
followed by a hearing to examine the nomination of
Christine O. Hill, to be Assistant Secretary of
Veterans Affairs for Congressional Affairs.
SR-418
[[Page 13414]]
10 a.m.
Commerce, Science, and Transportation
Aviation Operations, Safety, and Security Subcommittee
To hold hearings to examine the outlook for summer air
travel, focusing on addressing congestion and delay.
SR-253
Finance
To hold hearings to examine the foundation of
international tax reform, focusing on worldwide,
territorial, and other related issues.
SD-215
Homeland Security and Governmental Affairs
To hold hearings to examine nuclear terrorism, focusing
on the federal response for providing medical care and
meeting basic needs in the aftermath of an attack.
SD-342
Indian Affairs
To hold an oversight hearing to examine access to
contract health services in Indian country.
SD-562
Judiciary
Business meeting to consider S. 2979, to exempt the
African National Congress from treatment as a terrorist
organization, H.R. 5690, to remove the African National
Congress from treatment as a terrorist organization for
certain acts or events, provide relief for certain
members of the African National Congress regarding
admissibility, S. 2892, to promote the prosecution and
enforcement of frauds against the United States by
suspending the statute of limitations during times when
Congress has authorized the use of military force, S.
1211, to amend the Controlled Substances Act to provide
enhanced penalties for marketing controlled substances
to minors, S. 3155, to reauthorize and improve the
Juvenile Justice and Delinquency Prevention Act of
1974, S. 2746, to amend section 552(b)(3) of title 5,
United States Code (commonly referred to as the Freedom
of Information Act) to provide that statutory
exemptions to the disclosure requirements of that Act
shall specifically cite to the provision of that Act
authorizing such exemptions, to ensure an open and
deliberative process in Congress by providing for
related legislative proposals to explicitly state such
required citations, S. 3061, to authorize
appropriations for fiscal years 2008 through 2011 for
the Trafficking Victims Protection Act of 2000, to
enhance measures to combat trafficking in persons, S.
Res. 594, designating September 2008 as ``Tay-Sachs
Awareness Month'', and the nominations of Paul G.
Gardephe, to be United States District Judge for the
Southern District of New York, Kiyo A. Matsumoto, to be
United States District Judge for the Eastern District
of New York, Cathy Seibel, to be United States District
Judge for the Southern District of New York, Glenn T.
Suddaby, to be United States District Judge for the
Northern District of New York, Kelly Harrison Rankin,
to be United States Attorney for the District of
Wyoming, and Clyde R. Cook, Jr., to be United States
Marshal for the Eastern District of North Carolina.
SD-226
2 p.m.
Appropriations
Business meeting to markup proposed budget estimates for
fiscal year 2009 for Labor, Health and Human Services,
Education, and related agencies.
SD-106
Judiciary
Crime and Drugs Subcommittee
To hold hearings to examine effective ways to catch
fugitives in the 21st century.
SD-226
2:30 p.m.
Health, Education, Labor, and Pensions
Children and Families Subcommittee
To hold hearings to examine reauthorization of the Child
Abuse Prevention and Treatment Act (CAPTA)(Public Law
93-247), focusing on protecting children and
strengthening families.
SD-430
Homeland Security and Governmental Affairs
Federal Financial Management, Government Information,
Federal Services, and International Security
Subcommittee
To hold hearings to examine addressing the nation's
financial challenges.
SD-342
JULY 9
2:30 p.m.
Energy and Natural Resources
Public Lands and Forests Subcommittee
To hold hearings to examine S. 2443 and H.R. 2246, bills
to provide for the release of any revisionary interest
of the United States in and to certain lands in Reno,
Nevada, S. 2779, to amend the Surface Mining Control
and Reclamation Act of 1977 to clarify that uncertified
States and Indian tribes have the authority to use
certain payments for certain noncoal reclamation
projects, S. 2875, to authorize the Secretary of the
Interior to provide grants to designated States and
tribes to carry out programs to reduce the risk of
livestock loss due to predation by gray wolves and
other predator species or to compensate landowners for
livestock loss due to predation, S. 2898 and H.R. 816,
bills to provide for the release of certain land from
the Sunrise Mountain Instant Study Area in the State of
Nevada, S. 3088, to designate certain land in the State
of Oregon as wilderness, S. 3089, to designate certain
land in the State of Oregon as wilderness, to provide
for the exchange of certain Federal land and non-
Federal land, and S. 3157, to provide for the exchange
and conveyance of certain National Forest System land
and other land in southeast Arizona.
SD-366