[Congressional Record (Bound Edition), Volume 154 (2008), Part 4]
[Issue]
[Pages 4576-4717]
[From the U.S. Government Publishing Office, www.gpo.gov]




[[Page 4576]]

                     SENATE--Tuesday, April 1, 2008

              (Legislative day of Thursday, March 13, 2008)
  The Senate met at 10 a.m., on the expiration of the recess, and was 
called to order by the Acting President pro tempore (Mr. Webb).
                                 ______
                                 

                                 prayer

  The ACTING PRESIDENT pro tempore. Today's prayer will be offered by 
our guest Chaplain, Rev. Elliot Foss, the national chaplain of the 
American Legion.
  The guest Chaplain offered the following prayer:
  Let us pray.
  God, bless America. You have shined Your face on us before, and we 
need Your guidance and protection, now more than ever.
  God, bless America. Bless our President, our leaders in Congress, and 
our State and local leaders, as they all seek to serve those who have 
entrusted them to their offices. May Your light shine in their hearts 
always.
  God, bless America. And for these men and women here today, I ask You 
to give them wisdom, courage, and hope for the future. Give them Your 
grace and Your peace; that as they seek Your face, You would impart to 
them Your wisdom, Your courage, and Your hope, that they will do Your 
will at all times.
  Please, God, bless America and our citizens who seek to live in peace 
and harmony with one another in this country of ``One nation under 
God.'' Encourage them to ``Do unto others'' that we all might be 
prosperous in all we do, by helping those in need and less fortunate.
  May Your love surround our citizen soldiers, sailors, airmen, 
marines, Coast Guard personnel, and their families each and every day 
throughout this world, and please, God, bless America and bring our 
troops safely home when all is done. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The ACTING PRESIDENT pro tempore 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.

                          ____________________




                   RECOGNITION OF THE MAJORITY LEADER

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

                          ____________________




                                SCHEDULE

  Mr. REID. Mr. President, following my remarks and those of the 
Republican leader, if he chooses to make remarks, there will be a 
period of morning business until 12:30 p.m., with Senators permitted to 
speak for up to 10 minutes each. The Senate will recess from 12:30 p.m. 
until 2:15 p.m. for our normal weekly caucus luncheons. Following the 
recess, the Senate will resume consideration of the motion to proceed 
to H.R. 3221, which is the housing bill. At approximately 2:30 p.m., 
the Senate will proceed to vote on the motion to invoke cloture on the 
motion to proceed to this legislation. The last 15 minutes is set aside 
for the two leaders, and if we choose to use that time, that is equally 
divided. The vote will occur, as I have indicated, at 2:30 this 
afternoon.

                          ____________________




                       RESERVATION OF LEADER TIME

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

                          ____________________




                            MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will proceed to a period of morning business until 12:30 p.m., 
with the time equally divided between the two leaders or their 
designees and with Senators permitted to speak therein for up to 10 
minutes each.
  The Senator from Georgia.

                          ____________________




                      WELCOMING THE GUEST CHAPLAIN

  Mr. CHAMBLISS. Mr. President, I rise this morning to recognize the 
Reverend Elliot Foss, who is our guest Chaplain this morning. Reverend 
Foss is quite a unique individual. He is currently the national 
chaplain of the American Legion. He was appointed by Commander Martin 
Conaster on August 30, 2007, to that position.
  Reverend Foss is a retired U.S. Navy command master chief and 
hospital corpsman, having served in the Submarine Service. He served in 
the Navy during Vietnam and through the Persian Gulf war.
  He attended Candler Seminary and School of Ministry at Emory 
University in Atlanta, GA. He served as a pastor in the States of 
Maine, Virginia, Connecticut, Florida, and Georgia.
  He currently resides in Kingsland, GA, with his wife Arlene. He is an 
ordained Southern Baptist minister. He is a member of American Legion 
Post 317 in the coastal area of Georgia, where he serves as post 
commander. He also has served as the Eighth District vice commander and 
as Post 9 commander in Brunswick, GA. He has served as the American 
Legion Department of Georgia chaplain for the past 7 years.
  I think in this difficult time our country is faced with right now, 
where we all are very cognizant of the fact that we have a number of 
men and women in harm's way as well as a number of veterans who have 
served our country so valiantly in the past, it is very appropriate 
that we have the current chaplain of the American Legion in this great 
country of ours to stand before us and ask for blessings upon all 
Members of this body as well as the other leadership from a civilian 
standpoint as well as a military standpoint.
  Reverend Foss is a terrific individual. I happened to be with him 
last week in Kings Bay, GA, which is the home of a submarine fleet. We 
had the USS Georgia, which is a converted nuclear submarine, return to 
Kings Bay, where it is going to be stationed now. We had a very great 
ceremony on Friday of last week at Kings Bay, and Reverend Foss was 
very much involved in the planning for that ceremony.
  So I say to him, thanks for coming and for extending that great 
blessing to us, and congratulations on serving as the national chaplain 
of the American Legion.
  With that, Mr. President, I yield back.
  The ACTING PRESIDENT pro tempore. The Senator from Missouri.

                          ____________________




                             HOUSING CRISIS

  Mr. BOND. Mr. President, as I think we all know, far too many 
families in America are seeing the American dream of owning their own 
home slip away.
  Over the Easter break, I toured the State of Missouri. In every 
community around the State I met with people who are struggling under 
the threat of foreclosure, neighborhood groups concerned about the 
impact of foreclosure on their families and on their communities, 
mayors, city council leaders who are seeing their communities 
threatened seriously by this spate of subprime foreclosures, and most 
of all mothers and fathers with children who are facing the loss of 
their home.
  I did not talk with speculators, investors, or the folks on Wall 
Street, but

[[Page 4577]]

the people I talked to did have a number of thoughts--thoughts they 
believe would help them keep the promise of keeping their home. They 
did not want a Federal bailout. But they were looking for ways to make 
the system work for them.
  Some of the suggestions they made were at the macro level and, among 
others, they said there ought to be regulation--probably Federal 
regulation--of those who originate mortgages. Now, many of the bricks-
and-mortar lending institutions--banks, and savings and loans in the 
community--are regulated, but there are many mortgages, subprime 
mortgages, that were sold over the Internet and by fax. Whenever I go 
home, my fax machine is filled with 1 percent mortgage teaser rates.
  They also want to see HUD be able to move more quickly in getting the 
FHA secured loans. That is a good idea--to go in and to help homeowners 
whose mortgages have reset and caused them to lose their homes--but it 
is too narrow. They think that ought to be reformed.
  I believe that through FHA, we, as taxpayers, should not be put at 
risk by insuring loans where there is zero downpayment. Regrettably, 
zero downpayment too often means the homeowner can't afford that 
mortgage and they walk away. The often cited program, the Nehemiah 
Program, which provides charitable contributions to take care of the 
downpayment requirements, has an appalling 30 percent default rate. 
That is a raid on the Federal Treasury. We ought not to be doing that. 
Before people make a loan, they ought to have counseling and education 
to make sure their finances, their income will support the mortgage 
payments.
  Also, when you buy a home, you might have to support the replacement 
of a furnace that blows or a leaky roof, things that renters don't have 
to pay. If they can't afford to buy a home, we want to see them in a 
good home that could be a rental home.
  But the most important thing they said we could do now is provide 
counseling, to bring together those homeowners whose homes are in 
foreclosure or who are facing foreclosure, to sit down with the lenders 
and see if they can work out an agreement before they go to 
foreclosure. Everybody says: Well, what interest does a lender have in 
avoiding foreclosure? Well, foreclosures are expensive. They drive down 
the value of the property and potentially put at risk the value behind 
other mortgages they may own in the same community.
  Last fall, Senator Dodd and I agreed to include $180 million in the 
Housing and Urban Development Appropriations bill to begin counseling. 
The first $130 million has gone out. We are beginning to see the 
results of that. Those counseling dollars can help homeowners, if they 
will go to a counseling entity such as The United Way or local 
governments to get counseling, before they wind up on the courthouse 
steps.
  In addition, there need to be dollars available to buy down mortgages 
where the mortgage rates have skyrocketed because of the subprime 
crisis. That is why, in the SAFE Act which I have introduced with my 
colleagues--the Security Against Foreclosure and Education Act--we make 
sure there is money available through the State Housing Finance 
agencies. I know well the Housing Finance Agency in Missouri--the 
Missouri Housing Development Corporation--and they have a great plan. 
If they can have more money, maybe $160 million to $180 million, 
possibly $200 million in Missouri, they could go in and refinance 
mortgages where the private mortgage holder has had to increase 
substantially the rate because of the overall market conditions. If 
these HFAs can sell paper, tax-exempt paper, they can bring back the 
mortgage rates to the level that was affordable initially.
  It is very important for fixed-income homeowners to count on a 
certain mortgage payment. Some have seen it go up 50 percent, and too 
many of them are being forced to the choice of walking away because 
they can't meet it. We need to get HFAs to have the ability to go in 
and refinance those mortgages.
  In addition, with Senator Isakson, we have included in the SAFE Act a 
measure to provide a tax credit for families willing to buy a home in 
foreclosure or going into foreclosure. In other words, it would be a 
$5,000 tax credit for each of 3 years for families who would move into 
one of these homes either in foreclosure or facing foreclosure. That 
not only gives a boost to first-time home buyers, but the most 
important thing it can do for communities is avoid the problem of 
having a community with 20 percent of the homes in foreclosure.
  This isn't a problem for just the 20 percent of the families who are 
facing foreclosure; that is a potential disaster for the other 80 
percent of the homeowners because what it does to the value of their 
homes and to the value of every house in that community is to drive the 
values down significantly, so they may find their home is worth less 
than the value of the mortgage.
  Finally, we want loan transparency. As a former lawyer, I have had 
the dubious pleasure of going through home purchasing documents several 
times recently. They give you a stack of paper this high that has all 
been written by lawyers, God bless them, and it has every contingency 
spelled out. But most people who go through the purchase process spend 
40 minutes signing the papers without knowing what is in them. What we 
want is a very simple disclosure on top, which is binding on the lender 
and on the borrower, that says what the rate will be, if it is 
adjustable, how high it can adjust, when it can adjust, if there is a 
prepayment penalty, and what are the other terms that might cause 
significant economic distress to the home buyer. They need to know that 
in advance. Also, there ought to be counseling to help those 
prospective home buyers measure their financial ability, their ability, 
through their income, to buy a home and to make sure they can afford 
the mortgage they are seeking.
  I hope this is the basis on which almost all of us in this body can 
agree. We have heard a lot about what is going on at the macro level. 
There are important things happening with the Fannie Mae and the 
Freddie Mac, such as getting $200 billion more that they can loan, and 
the Federal Reserve moving in. All these things are important on a 
large national scale.
  This is not only, however, a national and international problem; most 
of all, it is a community problem. The proposals we have set forth in 
the SAFE Act are designed to help build up from the community level the 
solutions we need for home buyers and homeowners, particularly those 
threatened with foreclosure. We are only going to solve this problem if 
we work community by community. The SAFE Act is designed to help 
homeowners, counselors, and local government officials deal with the 
problem in their communities and build, community by community 
nationwide, the solutions to the problem that affects not just 
homeowners but affects our entire country.
  I invite our colleagues to look at this legislation. I hope we can 
discuss it, as our leader has said, and come to agreement on some 
things we can pass, and pass right now, because too many homeowners are 
facing a crisis and need help.
  I thank the Chair and I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Florida is 
recognized.
  Mr. MARTINEZ. Mr. President, I thank the Senator from Missouri for 
his words. I was reminiscing, as I was listening to him, about my work 
as the HUD Secretary, and many times getting good counsel and advice 
from my main appropriator, a man who knows a great deal about this 
whole problem and about this issue, and I thank him for his comments. I 
think he is exactly right when discussing how the problem we are seeing 
today is hurting families.
  When I had the good fortune to be at HUD, it was in the good times. 
We were talking about ever-increasing rates of home ownership, 
particularly among minority families; more and more people getting into 
home ownership. It was a good thing because as we were doing that, we 
were building communities. Streets were getting stronger

[[Page 4578]]

and families were getting stronger and cities and communities were 
getting stronger. Now we are seeing the reverse of that. That is why it 
is so important to take the steps the Senator from Missouri suggested 
and to move forward aggressively on this problem.
  Let me talk a little bit about what I saw in Florida during the last 
few days when I was there. I think in Florida it is a microcosm of the 
problem. The state of the market is one in which we see increasingly, 
at the level of the homeowner, that people are more and more distressed 
and more and more in trouble about holding onto the home they have. You 
drive around and see signs about a foreclosed home for sale. In 
addition to that, you know people are having a problem making ends 
meet.
  The second situation related to that is the fact that many people are 
now staying away from the market. They are simply not buying homes. The 
reason for that is there is a sense of insecurity about where we are 
today in this very difficult moment. So as a result, we find that homes 
are not being purchased. This is having an impact on market prices, 
where home prices are in a decline and fewer and fewer buyers are in 
the marketplace. As a result of all these things, there have been 
significant economic impacts on the State of Florida. So what begins as 
a problem for a family--and a significant problem, a heartbreaking 
problem--becomes a compounding problem when it impacts the entire 
economy of a State such as Florida.
  The State of Florida is greatly dependent on homebuilding for its 
economy, and that is a fact. When speaking these past few days to 
people in the industry, I am hearing from homebuilders who are saying: 
I have had to lay people off. I had to lay off substantial numbers of 
the workforce. Large homebuilders have laid off hundreds and hundreds 
of people. The impact on the economy is significant.
  So the Florida situation is somewhat revealing of what is happening 
across the country, which is why I come back here more determined than 
ever that we have to act; that this is a time for the Congress to take 
strong and significant action to try to have an impact on what is a 
deteriorating situation.
  Everybody keeps talking about whether we have hit bottom or when the 
housing market is going to hit bottom. Well, I am not sure if we have 
hit bottom yet. I hope we have, and I hope we are beginning the 
situation of ascending back. But the bottom line is we have to act, and 
there are things we can do in certain areas where we must act.
  I suggest we act in three areas. One is the area that impacts the 
homeowners themselves. That is what Senator Bond was talking about: 
About home counseling, about getting people help, about workouts. The 
fact is, it is in the best interests of a financial institution to work 
out a loan with a hurting homeowner rather than to turn that into 
foreclosure. Nobody wants to have a foreclosed home on their inventory; 
what they want is the homeowner continuing to make their payments.
  We have to work on housing counseling. We also have to do FHA 
modernization. I see the Senator from Connecticut, my chairman. We have 
worked hard to get FHA done. We have to get that done. That is going to 
help families by making the FHA a more active player in this current 
marketplace. It is going to bring FHA into play by allowing them to do 
larger loans, by allowing them to be more flexible in the loans they 
do.
  FHASecure is a good first step. We need more flexibility in 
FHASecure. We need to make sure families who have already gotten in 
trouble but who are not desperate yet--who have not gotten yet to 
foreclosure but who have gotten behind--are able to utilize FHASecure. 
Why do we do that? Because it will allow families to get into an FHA 
mortgage that will allow them to be in a mortgage they can carry and 
keep out of trouble.
  We need to stabilize values. We need to make sure the decline in home 
values stops, because as that happens, the equity in homes continues to 
decline, and that is not good for the economy as a whole.
  How can we help with these ideas? One I like a lot is Senator 
Isakson's idea to provide a tax credit to try to lower the inventory of 
unoccupied homes. If these homes are unoccupied, as has happened in 
Florida--many were built that are today not being bought. We need to 
get the market going again. We need to get people back into buying 
homes. We need to make sure they have an opportunity to do so. The 
encouragement of a tax credit I think will go a long way toward doing 
that.
  A second related problem is liquidity. I have talked to homebuilders 
who are telling me they have some buyers who cannot find loans. Banks 
are not lending money. Money has tightened. So as money has tightened, 
we need to provide those things which will create more liquidity in the 
marketplace. Which is why I am fearful that cramming down mortgages is 
not a good idea; in fact, it will work against providing more 
liquidity.
  I also wish to look at the long-term effects. There is a need for 
regulatory reform. I have talked about the regulation of the 
government-sponsored enterprises Fannie Mae and Freddie Mac home loan 
banks.
  We need a stronger, more effective regulator. I have been preaching 
this since I was at HUD. This is an important concept. We have 
increased loan limits and lowered capital requirements to 20 percent. 
As we have done that, it is necessary that we look at a stronger 
regulator. The rules today are not up to par for what we need. These 
are trillion dollar companies of incredible importance that will play a 
significant role in getting us out of the market dilemma we are in. In 
order for them to be stronger and for them to have the kind of investor 
confidence they must have, I think a stronger regulator would be a 
great step forward.
  I commend the Secretary of the Treasury for the proposal he made on a 
broader regulatory scheme for our financial world. I think some of 
these ideas that are also being discussed in Congress are important. We 
need to consider them and many need to be adopted. They may be on a 
second tier.
  I am looking at more immediate things we can do to prop up the 
housing market and look forward in that regard. I want to touch on the 
importance of working in a bipartisan fashion. Chairman Dodd and I have 
had conversations. It is important we work together and come together 
with something that will help the American people. The people of 
Florida desperately need help. This is a problem not only relating to 
the end consumer, the homeowner--the family who tasted that dream of 
home ownership and got into a loan and is now seeing the nightmare of 
losing it--but also to those people who have lost a job or are fearful 
of losing one.
  The economy depends so much on housing. That is what we need to 
address. I hope we will come to some understanding of how to move 
forward in a bipartisan fashion and work toward a solution that will 
help the American people get back to the strong, vibrant economy we 
have known in recent years, and also continue to grow that dream of 
homeownership for more and more American families.
  I thank the Chair and yield the floor.
  The PRESIDING OFFICER (Mr. Tester). The Senator from Connecticut is 
recognized.

                          ____________________




                             HOUSING CRISIS

  Mr. DODD. Mr. President, I say amen to my colleague from Florida. I 
didn't hear everything he said; I missed the opening few sentences, but 
I think I heard about 99 percent of his comments. We have had good 
conversations privately over the last number of days. What the Senator 
from Florida probably didn't tell you is that in a previous life he was 
the Secretary of Housing and Urban Development, the person responsible 
for a lot of the housing issues in the country. Prior to that, he was 
involved in the State of Florida in housing issues. He has had a 
wonderful record of caring deeply about homeownership for those who 
would not have had the opportunity to acquire homes. So there is a 
history in his private life, as well as public life, as well

[[Page 4579]]

as understanding and caring about these issues.
  The last point the Senator made is the one I will address as well. 
This is not a time for partisan politics. We need to get the job done 
and start working on this immediately. We should have been at this 
weeks ago, in my view. There is nothing I can do about that, but there 
is something we can do about this today. I hope that in the coming 
hours we will do just that. No other issue is as important as this one.
  The Senator from Florida outlined in a broad way some of the very 
issues that need to be addressed. I agree with him and I thank him for 
his commitment to this and his willingness to see if we can pull 
together a package, and it may not solve every problem.
  I was talking earlier to some folks, saying that the word missing is 
``confidence''--the confidence of that family in Florida, the 
confidence of the investment banker, the confidence of the person 
involved in the equity markets globally--the word ``confidence.'' How 
do we restore that and give people a sense of confidence about where we 
are going.
  While I want to be careful about drawing too tight comparisons there 
is a key period that history has written volumes about, from March of 
1933 to June of 1933--the first 100 days of the Roosevelt 
administration--and there was nothing orderly about it. It was rather 
chaotic. During the Roosevelt administration, in the midst of a major 
economic crisis, on the very day of his inaugural, banks were closing 
their doors all across the country. We think of that line: ``There is 
nothing to fear but fear itself.'' That administration was trying 
everything they could to restore confidence. While a lot of their ideas 
didn't work, or were ill-conceived in some cases, there was a sense in 
the country that their Government was working on their problems, that 
the people in charge were trying to make a difference in their lives.
  We are not in a great depression, we are in a recession. We could end 
up in a very similar set of circumstances if we don't begin to act. The 
American people want to know we are acting, that we understand what 
they are going through, and that their Government, the legislative and 
executive branch, is worried about them and doing their best to make a 
difference in their lives. That is what this is all about.
  This morning I want to lay out, if I can, as chairman of the Banking 
Committee, what we are doing and trying to get done. I hope in this 
pivotal week we can make a difference in stepping forward. I thank 
Senator Kit Bond of Missouri. He and I have worked together on so many 
issues over the last number of years. We worked together on The Family 
and Medical Leave Act many years ago, and recently we coauthored the 
$180 million of counseling dollars to assist families who got 
themselves into a bad deal--whether it was their fault or the fault of 
a broker. We are trying to work that out so they can stay in their 
homes. That has made a huge difference. I thank Senator Bond for his 
understanding of this very early on, and for the importance of that 
significant step. He has pointed out--and I agree--this issue is no 
longer just a housing issue, a foreclosure issue. You only need to pick 
up this morning's business section to read this headline: ``Worst 
Quarter for Stocks Since '02.'' The first paragraph says:

       U.S. stocks ended the first quarter with the steepest loss 
     in nearly six years as turmoil in the financial markets 
     showed increasing signs of spilling over into the wider 
     economy and debate turned from whether a recession was coming 
     to how deep it would be.

  That is a very accurate statement. This is spilling over. The 
contagion is no longer limited to housing and foreclosures. It is 
spilling over into every aspect of our economy, spilling over the 
shores of our country and having global implications. The time is now 
to come together and make a difference on this issue.
  About a month ago, Majority Leader Reid brought a bill to the floor, 
the Foreclosure Prevention Act. Unfortunately, progress on the bill was 
blocked and we were unable to even debate the bill, let alone vote on 
it. Since then, the challenges facing American homeowners have only 
grown worse. In the month of February alone, 223,651 more Americans 
entered foreclosure, according to RealtyTrac, a company that collects 
real estate-related data in the country. That amounts to 7,712 
foreclosures on a daily basis--over 7,700 today, yesterday, and 
tomorrow. That is roughly 8,000 people who will be in the process of 
losing their homes in America--8,000 people every single day--unless we 
act to do something about it. We gathered to listen to people, who 
managed to get together over the weekend, on the Bear Stearns-JPMorgan 
deal, where $29 billion of taxpayer money will go to that deal with 
that issue. I would like to know there is as much concern about these 
ordinary people as there is about the shareholders in Bear Stearns. I 
feel badly that they lost a lot of money, but they are not losing their 
homes. These people--almost 8,000 every day--are.
  So I am going to come to the floor every single day and recite the 
number on a daily basis of people losing their homes, until we do what 
I think we ought to do to step up to the plate and make a difference 
for them. If that foreclosure rate continues--and all indications are 
that it is actually increasing--almost 240,000 more Americans will have 
been foreclosed on during the month of March. UBS reports that 
foreclosures of this magnitude are on par with the severity of 
foreclosures during the Great Depression.
  These foreclosure rates are not simply high in relative terms; they 
are at record levels, according to the Mortgage Bankers Association. 
The Mortgage Bankers data shows that more than 1 in every 50 homes with 
a mortgage in this country is in foreclosure. Foreclosure rates have 
been growing at record levels for some time, unfortunately.
  Foreclosures are increasing because people are continuing to struggle 
to make their payments. The data tells us that 1 in every 13 homes with 
a mortgage has fallen behind on their mortgage. Every day that goes by 
without action means more families are losing their homes.
  Compounding the problem, nationally, home prices continue to fall. 
Home prices are down over 10 percent nationwide over the past 12 
months, and they continue to fall. This is the first time we have 
experienced such a deep and widespread decline--a national decline--in 
home prices since the Great Depression.
  Merrill Lynch is predicting that home prices will fall by 15 percent 
this year and another 10 percent next year. It is quite possible that 
over the past month, since the Senate last debated this issue, an 
American who owns a $200,000 home has seen the value of that home fall 
by $5,000 in 1 month. I will repeat that. If you have a home worth 
$200,000, in the last month that home has lost $5,000 in value and may 
do that every month for the coming months. That is $5,000 of wealth 
that American families have lost while we in this body have been 
waiting to even discuss potential legislation to address these 
problems.
  While we have waited, our country lost more jobs as well. We learned 
in the month of February that the American economy lost over 100,000 
private sector jobs. We have lost private sector jobs in each of the 
last 3 months. With job losses mounting at the same time mortgage 
payments are rising, families are falling further and further behind in 
their ability to pay the mortgage, to make car payments, and to buy 
groceries and educate their children. At the same time, the cost of 
these essentials is rising.
  Inflation has risen by 4 percent over the past year, far outstripping 
growth and wages. American families have to do a lot more with a lot 
less. They have to find a way to pay the bills that keep rising, while 
the value of their home keeps falling. Their job prospects continue to 
decline. It is no wonder that consumer confidence continues to fall, 
reaching record lows that have not been seen, by some measures, since 
the early 1970s.
  We are clearly in the midst of a recession. It hasn't been called 
that yet

[[Page 4580]]

by the professionals, but that is what it is. The only question we have 
is how deep it is and how long it will run. The answer to that question 
lies, in part, in what we do in this body to confront the challenges we 
face.
  The legislation before us, which our colleagues and the majority 
leader brought to the floor, will help address the problems we are 
facing in the housing and mortgage markets in a number of ways. Senator 
Martinez outlined the parameters briefly. I will go over them once 
again. These are not revolutionary or new ideas. Many of them already 
enjoy very broad bipartisan support, at least based on articles written 
by the American Enterprise Institute, comments by the Chairman of the 
Federal Reserve, comments by the Secretary of the Treasury, and 
comments by colleagues here and in the other body as well. So we are 
not talking about some radical new proposals here, untested, without 
much thought going into them.
  The question is whether we can sit down over the next few hours and 
package something together and speak with one voice to the American 
people, saying we hear you. For those 8,000 people, you deserve at 
least as much of our attention as Bear Stearns and JPMorgan get. If we 
cannot do that, then every day, those numbers go up--8,000 a day, every 
day, people losing homes and falling into foreclosure. That is what I 
hope we will be able to do. These ideas involve counseling services and 
I thank Senator Bond for his efforts. We joined together to provide 
resources that are working.
  Last week, I spent the week back home in my State. This issue was the 
dominant issue. We have in one city alone in my State, Bridgeport, 
Connecticut, where according to the mayor, there are between 5,000 and 
6,000 foreclosures--in one of the largest cities in my State. I had to 
read the most bizarre headlines on the same day in my State, saying 
that Connecticut ranks No. 1 in per capita earnings in the country, and 
No. 2 with 6,000 foreclosures in the city of Bridgeport. There is great 
affluence, on one hand, because some have done very well, and on the 
other hand, some people are struggling to keep their noses above water. 
I listened to people at an event in Bridgeport, with the mayor, talking 
about how counseling services have been helpful, where they can work 
out a financial arrangement with the lender so they can stay in their 
homes, pay a mortgage they can afford, and the lender is getting its 
money--not as much as they would have liked, but more than getting a 
foreclosed property. So counseling works. It can make a difference for 
people. That is one of the provisions we are talking about here. I 
thank Senator Martinez for highlighting that important issue. I thank 
Senator Bond for his earlier efforts. We need to do more. That is part 
of the leader's package.
  We are also dealing with bankruptcy reform, improving disclosures, 
increasing the availability of mortgage revenue bonds, and 
appropriating emergency funds for local communities struggling with 
foreclosed and abandoned properties.
  I commend the majority leader for his leadership in putting this kind 
of a package together. But I know there are other ideas out there. In 
fact, some of these ideas need to be moderated or fixed in some way. 
But that only happens when we work together, when we sit down and try 
to iron out these differences and then step up with our proposals and 
allow others who want to offer some ideas to this to be heard as well. 
It takes time, it is laborious, but that is the job of this body, not 
to sit there and walk away and do nothing. That is not an option, and 
failure ought not be an option either. So we need to roll up our 
sleeves and go to work.
  These provisions can make a real difference for homeowners and the 
communities in which they live and our national economy as well. They 
are meaningful proposals, but they are also, I might add, modest, 
particularly in relation to some of the administration's actions.
  The administration just took the historic action to support the 
takeover of Bear Stearns by JPMorgan Chase. This action was a major 
commitment of taxpayers' money--almost $30 billion. The Senate Banking 
Committee will conduct a hearing later this week on this particular 
arrangement and other recent actions by the Treasury, the Federal 
Reserve, and other Federal agencies to address the recent turmoil in 
the financial markets.
  Without prejudging the outcome of our oversight and investigation of 
this unprecedented commitment of taxpayers' money, one thing is clear: 
It is now time to turn our attention to Main Street. As bold as the 
action was to help Wall Street, we must be bold to help millions of 
Americans who live on Main Street. Inaction, as I said a moment ago, is 
not an option, and failure is not either. Every day that passes creates 
new risks for the financial future of our Nation. We cannot hope this 
problem is going to go away and solve itself. Our competitors in the 
global economy are the only ones who will benefit if we do nothing to 
stem the rising tide of foreclosures that is hurting communities, 
families, the credit markets, and the overall economy.
  The question is not whether we should act, but how. The majority 
leader has laid out what I believe is a series of responsible policies 
that will help American families to keep their homes and help 
communities throughout our Nation deal with the foreclosure crisis. Let 
me briefly describe several of these critical elements of the package.
  The legislation increases funding for foreclosure prevention 
counseling. I have already addressed this issue. Again, we appropriated 
$180 million before. There is $200 million in the proposal before us 
that can make a huge difference to these nonprofit organizations out 
there working with lenders and borrowers, bringing them together for 
these workouts.
  In addition to effectively fighting foreclosures, we must limit the 
damaging impact that foreclosures inflict on our communities. That is 
why we need to help our local communities cope with the serious 
economic and social problems that vacant properties create. Every one 
of my colleagues understands this point. I don't need to go through a 
long description of what happens when we have vacant properties in our 
towns, communities, and neighborhoods. It is axiomatic what happens. 
Everyone understands. First, we understand the value of the neighbors' 
houses goes down immediately. As I mentioned earlier, we are watching a 
$5,000 decline on a house worth $200,000 in a month alone, merely 
because of what is happening to declining prices. Throw a foreclosed 
property into that mix, and obviously you get a further deterioration. 
Property values for each home located within one-eighth of a square 
mile of one foreclosed house fall significantly. An average city block, 
in most of our cities, is one-eighth of a square mile. That is a rough 
calculation. If you have one foreclosure in that one city block, even 
though every other home on the block is current on their mortgage 
obligations, the value of every home on that block declines immediately 
by 1 percent and crime rates go up in that neighborhood by 2 percent. 
That happens immediately. Property values decline on an average of 
$5,000 with one foreclosure in that neighborhood.
  We have 44.5 million homes adjacent to subprime foreclosed 
properties--44 to 50 million adjacent properties next to foreclosed 
properties. Let me repeat the statistic again. Every day, almost 8,000 
people in this country are going into foreclosure--more than 220,000 in 
the month of February and at least, if not more, that number in the 
month of March. When that happens, other property owners suffer. So it 
is not just the family in the foreclosed property who is affected, it 
is that hard-working family who lives down the block who is also paying 
a price for this situation because we are not acting to try to come up 
with a way to get people to work out something that allows them to stay 
in their homes.
  Localities are losing close to $4.5 billion in property taxes. Again, 
this is axiomatic. You end up with foreclosed properties, and you end 
up losing your tax base. Fire protection, police, social

[[Page 4581]]

services, and schools all pay a price as well. There is a domino effect 
in this situation, and that is what Senator Bond was talking about 
earlier. This is no longer just a foreclosure problem. It is far 
deeper, far wider, and growing by the day. This is exactly what happens 
when we end up with foreclosures in a neighborhood, what can happen to 
other properties in that area.
  That is why the issue of providing some additional assistance makes 
sense. I recommended $4 billion to go out to the community development 
block grants targeted specifically for restoring abandoned properties, 
making them more marketable, providing assistance to the communities. 
That is a lot of money, $4 billion. It is not $30 billion. That is what 
we are on the line for in the Bear Stearns-JPMorgan Chase deal. That 
deal was cut over the weekend. We never voted on it in this body; that 
is just a deal they cut. The Federal Reserve has the authority, 
apparently, to do that. I am not asking for $29 billion or $30 billion; 
I am asking for $4 billion to go back to our cities and communities to 
help mayors and towns in urban areas and rural areas where this is 
happening to provide help for them so they can put these properties in 
better shape so they can be sold.
  The leader's bill also includes a Finance Committee provision that 
would allow State housing finance agencies to use proceeds from 
mortgage revenue bonds to help extend mortgage credit to people now 
trapped in predatory loans, as well as to new homeowners. It would also 
help expand affordable rental housing, helping people who need a place 
to go if they cannot hang on to their homes.
  This provision, by the way, is one I heard over and over again, and 
you hear it in every State you go. They reached the max and they need 
relief, if that housing finance authority is going to be able to 
provide the kind of relief they need. This is an idea which has broad 
bipartisan support. I am told the Finance Committee--Senator Baucus and 
Senator Grassley care about it. They believe it is the right step to 
take. Senator John Kerry of Massachusetts has talked about this issue.
  Mr. President, I ask for 5 additional minutes.
  Mrs. BOXER. Mr. President, reserving the right to object, and, of 
course, I will not object, I just want to make sure that when Senator 
Dodd finishes, I be recognized for 10 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DODD. Mr. President, others have made this recommendation as 
well. It has some value.
  Senator Durbin's banking provision is a controversial provision. 
Simply let me state what it is. Under an agreement reached in the 
1970s, in order to get lending institutions to provide more credit to 
risky borrowers, there was an agreement struck that would not allow a 
workout to occur in bankruptcy when the primary residence is involved. 
You can have a workout where your secondary residence or farm is 
involved.
  Senator Durbin, I believe, rightly says: Why should that be the case? 
In bankruptcy, shouldn't the courts be able to work out something that 
allows people to stay in their homes or to afford a new mortgage? There 
is a lot of resistance to this issue, and there is an argument on the 
other side. I am not going to suggest there is not. My hope is we can 
work something out in this area. This cramdown, as it is called, this 
one provision has provoked a lot of objection to this bill, but I am 
committed to do everything I can to work it out, to allow a vote to 
occur and allow us to do something in this area.
  Senator Jack Reed of Rhode Island has a provision in the legislation 
that will improve disclosures to borrowers and make those disclosures 
available sooner in the mortgage shopping process. This provision will 
help borrowers avoid the kinds of abusive loans that are leading to so 
many foreclosures. I commend Senator Reed for this proposal. Again, I 
think it is a pretty noncontroversial provision.
  I understand there are other ideas as well. This is not 
comprehensive.
  Again, Senator Martinez mentioned one idea that Johnny Isakson has 
argued for, and I think it has value, to incentivize people to move 
into foreclosed properties by giving some kind of tax credit to lure 
people in. This is where the property has been foreclosed, the owner 
who occupied it is out, and we need to get the property owned and 
occupied. I think that idea has some value, and we should be able to 
debate and include that in a package as well.
  I wish to mention a few other steps we might consider as well, in 
addition to the Isakson proposal.
  We need to finish the job and enact legislation to modernize FHA. 
Senator Shelby and I are working on this issue. Barney Frank, a 
Congressman from Massachusetts, the chairman of the House Financial 
Services Committee, has been doing a great job, along with his 
committee members. I hope we can resolve the few remaining issues on 
modernization of FHA. We have 19 States that are high-cost States. We 
want to make sure FHA can do business in those States as well. I hope 
we can work out something to the satisfaction of all. That bill passed 
this body 93 to 1 late last year, and we have been working with the 
House to resolve our differences in that area.
  I believe we need to enact comprehensive reform of the GSEs. Senator 
Martinez mentioned this point, and I agree with it. A strong regulator 
is necessary, and we are going to get that job done to make sure Fannie 
Mae and Freddie Mac and Federal Home Loan Banks will be well regulated 
and can expand.
  In addition, I believe we need to establish a new way to deal with 
the unprecedented wave of foreclosures. This is the legislation I have 
offered called the Hope for Homeowners Act of 2008. The legislation 
closely mirrors the approach recommended by the Chairman of the Federal 
Reserve, Ben Bernanke, and it has been approached by people across the 
ideological spectrum, including the American Enterprise Institute and 
the Center for American Progress. This legislation is not a bailout at 
all. It would provide no windfall to anyone. It says the lender takes a 
haircut, but you are going to keep people in their homes. The Presiding 
Officer liked the ``haircut'' analysis, I see. The borrower would end 
up paying a price by paying insurance on the property. They have to 
stay in the home to qualify for this provision. It is not going to be 
easy on them, but nonetheless we believe it allows for a bottom to be 
achieved, a floor. We think this will help some people facing 
foreclosures, but, as importantly, it provides a floor. And until we 
get to a floor of the foreclosure crisis, we are not going to find 
capital beginning to flow again. This idea of a voluntary program, only 
going to owner-occupied residences--not speculators and, frankly, not 
people who never should have gotten into a mortgage in the first 
place--it is targeted, designed to keep people in their homes and 
provide that floor we are looking for.
  I hope something such as that can be included in this bill as well 
because we need to deal with the problem of credit. If we do not 
address the credit issue, we are not addressing the core of this 
problem. To only address the effects of the problem is not to address 
the underlying issue, and that is on seizing, if you will, the capital 
that needs to flow again. This idea, we believe, could do just that. So 
my hope is, in the coming days, we can enact something very much like 
that. It is an idea about which Congressman Frank and I have talked.
  I raised this idea several months ago, and I am delighted so many 
people across the spectrum have said this is a good idea. It was tried, 
actually, 40, 50 years ago in a different form than we are suggesting 
but, nonetheless, could make a difference.
  There are a number of other ideas we could consider, but more 
importantly, as Senator Martinez said, we need to get together on this 
issue. We cannot wait another day. There are almost 8,000 foreclosures 
a day--8,000 yesterday, 8,000 tomorrow, and every single day may be 
worse if we do not act. That is what this chart points to. It requires 
our attention and our serious energy to make a difference.
  I hope in the coming hours we can reach an agreement to go forward to

[[Page 4582]]

allow us to debate these issues and offer some sound ideas that will 
offer the American people and others involved in this issue the word 
``confidence,'' that their Congress, their Senate, their Government is 
not sitting idly by and hoping the problem miraculously will go away. 
We are working on their problem. We understand what they are going 
through. We care about it, and we want to make a difference for them. 
That is the challenge for us. I believe we can do this. This is not 
that heavy a job to get done--a simple amount of will in deciding it is 
deserving of our time and attention. If we do that, I am confident we 
can resolve these issues and set a very high standard for the action of 
this body in helping to step forward and make a difference in people's 
lives.
  I yield the floor, and I thank my colleague from California.
  The PRESIDING OFFICER. The Senator from the California.
  Mrs. BOXER. Mr. President, I thank Senator Dodd so much for his great 
leadership on this issue. The reason I very much wanted to speak this 
morning is because California is on the front lines of this crisis. We 
have about 25 percent of all the foreclosures in our State. I want to 
show Senator Dodd where we rank in terms of the cities.
  We make up 7 of the top 10 highest foreclosure filing rates 
nationwide. First is Stockton, Modesto, Merced--Merced is No. 4, 
actually. These are very much in the farmland countryside. Riverside-
San Bernardino, which is east of Los Angeles and one of the fastest 
growing areas--and by the way, the place where all of the freight goes 
through to get to the rest of the country as it comes in from Los 
Angeles. Bakersfield is No. 7, Vallejo-Fairfield, 8, and Sacramento, 
right near our capital, 9.
  We have 7 of the top 10 highest foreclosure filing rates nationwide. 
And the reason I stress it is because the things I am about to say are 
not theoretical. I have seen them happening. I held five roundtable 
discussions in various parts of my State, in many of these communities, 
and everything Senator Dodd is saying about what occurs in a community 
is right on target because when you start with one foreclosure, and a 
house gets boarded up, and then someone else puts their house up for 
sale and it sits, suddenly you have a circumstance where crime is going 
up and properties are going down. It is a vicious cycle. Suddenly 
people owe more on their home than the home is worth, and it is a very 
dangerous circumstance.
  The way I would describe it, Senator Dodd, in thanking you so much, 
is this: This crisis keeps getting away from us because while this 
administration definitely cares about Wall Street--and, by the way, I 
used to work on Wall Street, and I think what they did makes sense--the 
question is, where are they when it comes to my communities, to your 
communities, to the communities all over the country that are 
struggling? Why don't they bring that same sense of purpose?
  Today, we are going to see if our Republican friends have a change of 
heart because, of course, they stopped us the last time we tried to do 
this. But the commonsense things that are in your bill, and now I guess 
it is the leadership bill as well--and I thank you, Senator, I know you 
need to rush off--are just so sensible.
  It provides $200 million in additional funding for housing 
counselors. And let me tell you anecdotally what I know from having 
spoken to counselors. When the counselors sit down with the mortgage 
lender and they sit down with the homeowner, miracles happen, and 
anecdotally I can tell you about 50 percent of the cases are resolved.
  Now, times have changed. In the old days--and I would say that is 
when I bought my house, the old days--you had the banker down the 
street. If you wanted to refinance, you visited the banker down the 
street, and you told him the purpose of the refinance. Maybe you wanted 
to borrow on the equity of the home because you wanted to send a child 
to school. Maybe you wanted to add a new bedroom, expand the house, do 
some landscaping. It was very much a face-to-face situation. But 
because of the way the markets have changed, a lot of people don't even 
know who holds on to their mortgage. That mortgage may have been 
securitized, may have been put inside a big package of other things and 
may be sitting somewhere in a hedge fund. They do not know who actually 
holds their mortgage.
  So you get a counselor who understands how to go about following this 
trail, and it makes a huge difference.
  One would think, and I certainly would, that it is to everybody's 
benefit to save a home, not only for the lender and the homeowner but 
the community. So counselors are important.
  We provide $4 billion in community development block grants for 
localities so they can get involved as part of the solution. We are in 
Washington, but the city council people, the mayors, the county 
supervisors, the Governors and the rest, they are on the ground where 
all this is happening. Give them some tools and give them some 
standards and let them have a chance to resolve some of this.
  Allow bankruptcy judges to modify loans on principal residences. 
Right now--and I was struck to find this out, as most of my 
constituents are--if you declare bankruptcy and go to court, the judge 
can do a lot of refinancing to straighten you out, but he can't touch 
the principal home. If you have a second home, a third home, a yacht, a 
car, all that can be refinanced. But the judges have been blocked.
  Now, I know there are some on the other side of the aisle who don't 
like this provision. Well, if you don't like it, please explain why 
because it doesn't make sense. They say it will raise interest rates. 
It is just not true the way this provision has been modified. But if 
you want to change it, then vote to proceed to this bill and then fix 
that provision. Don't stop us from going to this bill.
  We provide an additional $10 billion in tax refunds for housing 
refinance agencies to refinance subprime loans. This is just another 
very good way to set up an agency that can help you out of your mess. 
If you want to stay in your home and you prove that you can stay in it, 
that you have the financial wherewithal, you can go to this to get 
these funds.
  This increases transparency and accountability by simplifying 
disclosure on mortgage documents. We all know that is key. And we allow 
struggling companies to apply current losses to tax returns from prior 
profitable years.
  This has hit home builders very hard, this downturn, and they need 
this help with Uncle Sam and the Tax Code.
  So I want to say to my colleagues who may be listening--maybe there 
is one or two--that to stop us from going to this bill is very hurtful 
to the American people. It is very harmful to the American people. 
Experts are predicting that over 2 million Americans with subprime 
loans, including more than 460,000 Californians, will lose their homes. 
Let's grab this crisis finally by the tail and pull it toward us and 
resolve it. Don't let it get away further.
  I can tell you, since we are in many ways at ground zero of this 
crisis, it is a very sad thing to watch what is happening. We have the 
ability to do a lot, and this is a modest bill. It is a good bill. It 
certainly doesn't spend as much as the bailout of Wall Street, which, 
again, I think was a good idea, but we certainly need to know more 
facts about it, and we certainly need to give the same attention and 
concern to the middle class of this great country.
  From all the meetings I held around my State, I can tell you that 
people are looking to us, and they are not going to understand it when 
a colleague votes no to proceed to a bill because they didn't like one 
out of the six things in it. It just doesn't make any sense.
  Let me give you from this chart one more look at the crisis in my 
State. This shows you nationwide that there have been 223,000-plus 
filings for foreclosure. That is 1 in every 557 homes nationwide. That 
is a 60-percent jump from 2007. In my State, which is a huge State, 
about 37 million, 38 million people now, we saw 53,000-plus filings, or 
1 in every 242 homes, for an increase of 131 percent from 2007 to 2008. 
And then we break it down by counties here and we see the desperate 
situation that

[[Page 4583]]

some of our counties and cities are going through.
  We have already made some progress, and I want to thank my colleagues 
for the stimulus package where we did a few things that helped our 
State. One of them, in particular, was raising the conforming loans by 
Fannie and Freddie. That was very helpful. We also have moved to work 
to get more counselors out there. But there is not enough counselors 
out there.
  So there is no question it is time but for us to act. We have faced, 
I don't know what it is now, 60, 70 filibusters by my Republican 
friends, and they have every single right to do it, but they also 
know--I know they know this--they will take the blame for this if 
nothing gets done. So I say to my friends, I understand you don't like 
everything on our list. I totally get it. By the way, there are things 
that are missing from this list that I would like to add. But I am not 
going to vote no to go to solving this crisis because there is 
something on here that I feel is missing.
  In conclusion--the words everybody waits for when a Senator speaks--
it is our turn to step forward, and if we fail to do so, we are 
irrelevant to this country. If we cannot have the courage to cast a 
vote to go to solving the housing crisis, we are irrelevant to this 
country when every leading economist tells us that it is the housing 
crisis that is at the heart of this recession.
  I thank the Chair for this chance to speak. We need this bill to help 
our families stay in their homes.
  Mr. LEVIN. Mr. President, I am hopeful that we can proceed to a 
debate on this important Foreclosure Prevention Act without further 
delay. Homeowners across the country are suffering, and there are a 
number of things Congress could do to improve the worsening situation. 
We need to put aside partisan bickering and work together to keep 
families in their homes and keep this crisis from further weighing down 
our economy.
  Since we last voted on whether to take up this measure in February, 
it has become even more obvious that the mortgage crisis is triggering 
a domino effect that threatens to weaken and undermine substantial 
portions of our financial system.
  The situation is dire. In Michigan alone, nearly 80,000 homes are 
expected to be lost to foreclosure by 2009. My State has seen an 
increase in the number of foreclosure filings of 282 percent since 
2005.
  Michigan is not alone in this crisis, nor are homeowners facing 
foreclosure and declining housing values the only ones being affected. 
Over the past few weeks we have seen the near collapse of investment 
bank giant Bear Stearns and an unusually active Federal Reserve working 
overtime to ease widespread concerns over our financial markets. At the 
root of these concerns is the fact that there is a long chain of 
investors and lenders relying on American homebuyers to pay what, in 
many instances are, shaky home loans.
  It is urgent that we move forward on this bill to provide immediate 
help. Since we last tried to take up this bill, I have continued my 
series of roundtable meetings in Michigan communities. I have met with 
leaders from local and State government as well as organizations who 
are in the trenches working with families facing foreclosure to discuss 
practical ways to help homeowners and protect our economy from further 
damage. When I have asked for their feedback on this bill, they think 
it would help address a number of the problems they highlighted.
  Across Michigan, everyone recognizes that declining home values 
affect not just those who are being forced into foreclosure or to sell 
at a loss but everyone who owns a home and the neighborhoods in which 
those homes are located. Many communities would like to rehabilitate 
abandoned and foreclosed properties so that surrounding property values 
do not continue to fall. But currently there are not funds to meet the 
growing demand. This bill provides $4 billion in Federal block grants 
to areas with the highest foreclosure rates and filings to help 
rehabilitate abandoned or foreclosed properties and prevent further 
damage to local housing values and neighborhoods.
  I am encouraged by the work of many counseling organizations, such as 
those I met with during my roundtable meetings in Michigan, that are 
trying to help families avert foreclosure. But across Michigan, 
foreclosure prevention counselors are overwhelmed, and a lack of funds 
is tying the hands of local groups trying to help keep families on 
track. This bill would provide $200 million for this much needed pre-
foreclosure counseling.
  Because each new foreclosure affects the value of properties around 
it, in Michigan and across the Nation, there are also many homeowners 
who are facing the financial pressures of owing more on their mortgages 
than the current dollar value of their houses, a situation known as 
being ``underwater.'' There is a critical need for more affordable 
loans to be made available to help these families refinance and stay in 
their current homes. Most homeowners do not want to uproot their 
children and leave their community behind, even if the balance of their 
mortgage is greater than the current market value of their home.
  This bill would help address this problem by authorizing States to 
issue $10 billion in new tax-exempt bonds to help homeowners refinance 
adjustable rate mortgages. Providing refinancing options for homeowners 
in potentially solvent situations is an important component in the 
effort to reverse the current tide of foreclosures.
  Ending the foreclosure crisis will require a team effort among 
Federal, State, and local governments, community and neighborhood 
organizations and lenders, brokers, and borrowers. This bill recognizes 
that fact. It provides an opportunity to help keep struggling families 
in their homes. It provides an opportunity to help restore our housing 
markets by keeping declining property values stable. It will protect 
neighborhoods from a glut of vacant homes. We need to take up this bill 
now, debate it, consider amendments, and then pass it. To not do so 
would be to sit idly by while too many needlessly suffer.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. SPECTER. Mr. President, I understand I have 30 minutes, and I now 
ask unanimous consent that it be formalized.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                         JUDICIAL CONFIRMATIONS

  Mr. SPECTER. Mr. President, I have sought recognition today to speak 
about three subjects: One, judicial confirmations; secondly, the budget 
resolution; and thirdly, the housing situation.
  First, as to the confirmation of judges, through staff, I have 
notified the distinguished chairman of the Judiciary Committee that I 
intended to address this subject, and the theme of my comments is that 
we ought to be moving ahead on judicial confirmations.
  We have a situation where there has not been one confirmation of a 
Federal judge this year. Since September 25th of last year, there has 
only been one hearing for a circuit judge, and that was on February 21, 
in the midst of a recess. There have only been two hearings that 
included district court judges, the one on February 12 and one other. 
Six nominees have been heard; four are on the agenda for this week's 
executive business meeting.
  The comparison between what has happened with President Bush and 
President Clinton shows a decisive imbalance which requires prompt 
action by the Senate on the confirmation of President Bush's judges. 
During the last 2 years of President Clinton's administration, 15 
circuit judges were confirmed compared to six for the last 2 years, so 
far, of the Bush Administration. During the last 2 years of President 
Clinton's administration, 57 district judges were confirmed compared to 
only 34 during the Bush Administration.
  On the 8-year cycle for President Clinton, 65 circuit judges were 
confirmed and 305 district judges. And so far, during President Bush's 
two terms,

[[Page 4584]]

57 circuit judges have been confirmed and 237 district judges have been 
confirmed.
  Now, the statistics can be argued in many ways, but I think it is 
hard to overcome the basic conclusion that it is unacceptable to have 
no confirmations of a Federal judge in the entire year, so far, in 
2008. Three months have expired. It is unsatisfactory to have only one 
hearing for a circuit judge in the past 6 months, and last year only 
four circuit judges were given hearings.
  Now, regrettably, this pattern has evolved over the past two decades. 
During the last 2 years of President Reagan's administration, the 
Senate was controlled by the opposite party and there was a stall. 
Then, during the last 2 years of President George H.W. Bush, the first 
President Bush, again during the last 2 years of his administration, 
judges were stalled. Republicans retaliated with gusto during the last 
6 years of President Clinton's administration and exacerbated the 
warfare on judges following what the Democrats had done.
  And, as we have seen in 2005, this Chamber was virtually cast asunder 
by the battle on the Democratic filibusters and the threat of a nuclear 
option or constitutional option to change the filibuster rules. It was 
open warfare in this Chamber, until it was finally worked out through 
the so-called Gang of 14. Now we have a desperate situation where 
judicial emergencies exist in many of these courts, and the Senate is 
not acting to confirm judges to fill those seats.
  The Washington Post has editorialized on the subject to this effect. 
In December of 2007, the Post said:
       [T]he Senate should act in good faith to fill vacancies--
     not as a favor to the president but out of respect for the 
     residents, businesses, defendants and victims of crime in the 
     region the 4th Circuit covers. Two nominees--Mr. Conrad and 
     Steve A. Matthews--should receive confirmation hearings as 
     soon as possible.

  The Post further editorialized about another Fourth Circuit nominee:

       [B]locking Mr. Rosenstein's confirmation hearing . . . 
     would elevate ideology and ego above substance and merit, and 
     it would unfairly penalize a man who people on both sides of 
     this question agree is well qualified for a judgeship.

  What we are dealing with is not just politics in the Senate. We are 
dealing with the rights of residents--as noted by the Washington Post, 
of businesses, of defendants and victims of crime--who are affected by 
the failure to move ahead and confirm judges. That, I suggest, is 
totally unacceptable.
  I emphasize the blame rests on both parties, as this pattern has 
unfolded over the past two decades. Each time it has been exacerbated, 
it has intensified. I supported qualified judges during the 
administration of President Clinton because I thought it was 
inappropriate to tie them up. I thought the Democratic President was 
correct in seeking confirmation of his judges. Now I believe the 
Republican caucus is correct in saying it is inappropriate to block the 
confirmation of Federal judges, especially when no judge has been 
confirmed yet this year to the Federal courts and only one circuit 
court nomination hearing has been held in the past 6 months.
  It is my hope that we will find a way to declare a truce. We have an 
election coming up in November. It may well be that there will be a 
change of parties--or not. It may well be that, unless a truce is 
declared, the opposite party will have sufficient votes through 
filibusters or otherwise to stop judicial nominations. It hurts the 
country. It hurts the people who are trying to get their cases decided. 
It hurts litigants.
  The judicial process is fundamental in our society, and it is being 
thwarted by the tactics which have become business as usual in the 
Senate. I hope we will be able to resolve this matter. I hope we will 
be able to declare a truce. There is consideration being given to a 
variety of responses to this kind of conduct by the majority, and we 
all know any one Senator can tie up this body unilaterally because this 
place functions on unanimous consent and waivers of a lot of technical 
rules. That would be, perhaps, even more disastrous. But, we have to 
find a way out of this, I suggest, because it is totally unacceptable 
to continue as it is running today.
  Mr. President, I now ask that the Congressional Record contain a 
separate caption for what I am about to say, under a resolution which I 
am about to submit to change the budget process.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Specter pertaining to the submission of S. Res. 
493 are located in today's Record under ``Submission of Concurrent and 
Senate Resolutions.'')

                          ____________________




                             HOUSING CRISIS

  Mr. SPECTER. We are scheduled to have a vote at 2:15 this afternoon 
on a motion to invoke cloture on the motion to proceed to legislation 
that has been filed at the desk by the majority leader. This 
legislation contains a number of proposals, the most important of which 
is under consideration by the Judiciary Committee at the present time. 
I have filed alternative legislation, captioned S. 2133, which offered 
relief to homeowners who have so-called variable rate mortgages and who 
are facing bankruptcy.
  Home buyers who have variable rate mortgages are sometimes surprised 
to find their payments, after a period of time, jump from--
illustratively--$1,200 a month to $1,900 a month, an enormous change 
that they had not expected because they have a variable rate mortgage.
  I believe that in these situations, there is a good basis to give 
bankruptcy courts authority to inquire into the circumstances of such 
mortgages and to roll back or reduce the interest rates. The rate of 
foreclosure for these types of mortgages has more than doubled in the 
past year while foreclosure among homeowners with fixed-rate mortgages 
has increased only modestly. Frequently, the person taking out a 
mortgage doesn't understand there is a risk that there will be a large 
increase in the interest rates on variable rate mortgages. Sometimes 
there is deception on the part of the lender or mortgage broker. 
Sometimes it may even constitute fraud. I believe the best policy would 
be to allow the bankruptcy courts to consider these matters on an 
individual basis. The lender is still going to receive, ultimately, the 
full amount of the principle but not with interest rates that put the 
home buyer in a precarious position, or even foreclosure.
  Senator Durbin has introduced legislation captioned S. 2136 that goes 
much further by authorizing the bankruptcy court to reduce the 
principal amount of the mortgage. I am opposed to that approach because 
it will increase the risk associated with mortgage lending and 
discourage lenders from providing capital for home mortgages. The 
Bankruptcy Code currently does not allow for the modification of 
mortgages because Congress did not want to discourage lenders from 
giving mortgages to future homebuyers. There is an excellent statement 
by Justice Stevens in Nobelman v. American Savings Bank in which he 
gives that precise reason for the provision barring modification of 
mortgages. Congress must be cautious about making changes to the 
Bankruptcy Code that will leave consumers worse off in the long run. I 
believe Senator Durbin's proposal would have that effect.
  I believe we ought to be acting on the issues confronting us on 
housing, but I am concerned that given the current state of affairs, 
the procedures to be followed will preclude amendments, such as my 
interest in offering an amendment with the substance of my bill, S. 
2133. The better practice would be to work through the Judiciary 
Committee, which is now considering the Durbin legislation, with my 
legislation offered in Committee as a second-degree amendment. We are 
scheduled to have a markup on that on Thursday. Regular order would 
suggest that is a better practice to have it come out of the Committee, 
where we are in the process of having a markup. We will later have a 
committee report, and it would be much more conducive to appropriate 
deliberation than having a measure filed under Rule XIV, where it is 
lodged at the desk, where there has

[[Page 4585]]

not been analysis and a markup, and there has not been a committee 
report.
  If it is possible to offer amendments, I would consider supporting 
the cloture motion. However, if the majority leader is going to fill 
the tree and not allow amendments, then I am opposed to that procedure 
and would oppose cloture. The practice of so-called filling the tree is 
highly undesirable. The essence of Senate procedures is to allow 
Senators to offer amendments.
  In February of last year, more than a year ago, I introduced a 
resolution, S. Res. 83, to change the standing rules so the same person 
could not offer both a first-degree and a second-degree amendment. This 
change of the rules would preclude the majority leader, who has 
priority of recognition, from so-called filling the tree to prevent 
anyone else from offering amendments. The Rules Committee has not acted 
on that resolution, but I think that is an important piece of business, 
that our rules ought to be changed so the majority leader could not be 
in a position to fill the tree and preclude other Senators from 
offering amendments.
  I am open as to what is going to happen on the cloture vote this 
afternoon. But certainly, if there is not an opportunity for me to 
offer my amendment or for others on this side of the aisle to offer 
amendments, I will oppose it.
  I believe I have some time left on my order. How much time do I have 
remaining? I have been asked to yield some time to my distinguished 
colleague from Utah. I believe this is Republican time at the moment. 
Parliamentary inquiry: Are we still on Republican time?
  The PRESIDING OFFICER. The time is evenly divided until 12:30, a 
little less than 23 minutes.
  Mr. SPECTER. I don't wish to step in front of the distinguished 
Senator from Colorado, his having waited on the Senate floor. But at 
any rate, I will not utilize the last 5 minutes of my time so it will 
be available to the Senator from Utah, either now or after the Senator 
from Colorado finishes his time because he has been waiting.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. HATCH. I ask unanimous consent that I follow the distinguished 
Senator from Colorado.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Colorado.

                          ____________________




                           ORDER OF PROCEDURE

  Mr. SALAZAR. Mr. President, I ask unanimous consent that after I 
speak for up to 15 minutes, Senator Hatch be recognized for up to 15 
minutes, and then following Senator Hatch, Senator Durbin for 15 
minutes, and then Senator Reed of Rhode Island for the remainder of the 
Democratic time; if there is a Republican to speak between Senator 
Durbin and Senator Reed, that Republican Senator be recognized.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SALAZAR. Mr. President, I come to the floor once again to urge my 
colleagues to begin serious work that is needed to address the housing 
crisis. The news keeps getting worse. Home prices continue to decline 
steeply. Home sales are reaching record lows, and the resulting shock 
to our broader financial system keeps getting worse. In the 2 weeks 
since we adjourned, we saw the Federal Reserve act to bail out a major 
investment bank by facilitating the purchase of Bear Stearns by 
JPMorgan. This marked the first time in history the Fed had acted to 
rescue a financial institution of this kind. It did so because of the 
impact a Bear Stearns collapse would have had on the entire economy.
  Last week, it was reported home prices in the 20 largest metropolitan 
statistical areas suffered their largest drop in history, over 10 
percent in 1 year. In some cities, such as Miami, Las Vegas, and 
Phoenix, the drop is as high as 18 or 19 percent. Yet because of the 
Republican filibuster in this Chamber 2 weeks ago, the Senate has 
failed to act to deliver meaningful solutions to this crisis which is 
at the center of the economic storm pummeling the middle class.
  When we look at the headlines, they keep coming: From USA Today, 
``Battered Home Prices Keep Toppling;'' from the New York Times, 
``Slump Moves from Wall Street to Main Street;'' from the Wall Street 
Journal, ``Housing, Bank Troubles Deepen;'' from the Washington Post, 
``Mortgage Foreclosures Reach All-Time High.''
  We voted on the Foreclosure Prevention Act several weeks ago. The bad 
news since then has, in fact, gotten worse. This is a scene all too 
familiar across the States. All across America families are feeling the 
pain of the housing crunch. Price-reduced homes are on sale because 
they have been foreclosed upon. It is not just families who are being 
foreclosed upon; it is their neighbors whose home values have declined 
steeply as a result of foreclosures in the neighborhood. Again, it was 
reported last week that home prices in the 20 major metropolitan areas 
declined over 10 percent between January of 2007 and January of 2008. 
Price reduced, price reduced, price reduced--that is not a sign any 
homeowner wants to see on their lawn or on their neighbor's lawn or on 
their street. These are not just families who found themselves in 
financial situations they could not afford to climb out of; these are 
families who bought houses between 2002 and 2006, stayed current on 
their payments, and hoped to see the value of their homes continue to 
appreciate. But through no fault of their own, these families have seen 
their homes, their single most valuable asset, decline precipitously in 
value.
  The next chart demonstrates how widespread the problem has become in 
my own State of Colorado. These are figures from the Center for 
Responsible Lending which has projected that we can expect to see 
troubles ahead in terms of the continuing tide of foreclosures over the 
next several years and how these foreclosures will affect not only 
owners of the foreclosed homes but entire neighborhoods and, in fact, 
most homeowners across the State of Colorado.
  The Center for Responsible Lending projects that in Colorado we will 
experience nearly 50,000 additional foreclosed homes in 2008 and 2009, 
as the adjustable rate mortgages reset and as home values continue to 
plummet.
  As stated on this chart, which is a map of my wonderful State of 
Colorado, we see expected foreclosures are going to be right at about 
50,000. The spillover impact for surrounding homes that will suffer 
decline during that same period is almost 750,000 homes. That is more 
than a third of the homes of the State of Colorado are going to see 
this declining spiral. We are going to see a decline in home values in 
the aggregate of $3.2 billion in my State in the loss of home ownership 
value.
  The situation is clearly getting worse. Many middle-class families 
whose budgets are already stretched thin cannot afford such a steep 
decline in the value of their most important asset. Congress has a 
responsibility to act aggressively to help families stay in their homes 
and to stem the tide of foreclosures that continues to serve as a 
serious drag on our overall economy. That is why we are here again 
today, working to move on the Foreclosure Prevention Act of 2008, 
legislation introduced by Senator Reid, in consultation with the chairs 
of the committees of jurisdiction. That legislation would take several 
steps to provide meaningful and immediate assistance to families and 
communities affected by foreclosures and to prevent other families and 
communities from finding themselves in the same situation in the 
future.
  The legislation does three simple things. First, it seeks to help 
families facing foreclosure to stay in their homes by expanding State 
authority to issue tax-exempt mortgage revenue bonds, increasing 
funding for credit counseling, and allowing bankruptcy judges to 
restructure mortgages. Second, it provides critical help to communities 
across the country that have been affected by foreclosure by increasing 
funding under the Community Development Block Grant program. Third, it 
takes steps to help families and communities avoid foreclosures in the 
future by requiring simplicity and transparency on mortgage documents.

[[Page 4586]]

I am especially glad these provisions are included in the legislation.
  The two tax-related provisions reported out of the Finance Committee 
on a bipartisan basis as part of the bipartisan economic stimulus 
proposal represent important steps that provide low-interest loans to 
homeowners seeking to refinance their mortgages and to allow ailing 
businesses, including those in the home construction industry, to carry 
back their losses a longer period of time to average out their good and 
bad years.
  I also support funding increases for credit counseling, which will go 
a long way toward helping families understand the financial burdens 
associated with taking out a long-term home loan and to avoid 
foreclosure. In my State of Colorado, we have already seen how 
beneficial these kinds of services can be. Last fall, a consortium of 
government, private sector, and nonprofit organizations launched the 
Colorado foreclosure hotline which connects borrowers with nonprofit 
housing counselors who can provide information on a borrower's options 
when facing foreclosure. Counselors can facilitate communications 
between lenders and borrowers. The hotline itself has already received 
over 10,000 calls in the last 6 months.
  This is a sign from the foreclosure hotline in Colorado. Since it was 
first formed, this consortium between the government, the private 
sector, and nonprofit organizations, more than 29,000 people in 
Colorado have called this hotline.
  This legislation will go a long way toward helping us implement this 
kind of program all the way across the country. The American dream of 
home ownership is today a dream which is becoming nebulous for the 
people of our country because of the huge foreclosure crisis we have 
seen across the country which has caused such a decline in home values 
all across America.
  I believe it is our responsibility in the Senate to move forward to 
provide relief to these middle-class families who are in danger of 
losing value in their homes and in danger of losing their homes. This 
is an economic stimulus program which I think is timely for us to act 
upon. I hope our colleagues will join us in voting aye on the motion to 
proceed to the housing legislation.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Utah.

                          ____________________




                        THE CONFIRMATION PROCESS

  Mr. HATCH. Mr. President, the American people sent us here to get 
things done. One of the most important things we do is consider and 
vote on the President's nominations to the Federal bench and the 
Department of Justice.
  I can put it simply: We are failing to do our duty.
  Let me first address the judicial confirmation process. The 
Constitution gives to the President the authority to nominate and 
appoint Federal judges. The Constitution gives to the Senate the role 
of advice and consent as a check on the President's appointment power.
  The Senate gives the President advice about whether to appoint his 
judicial nominees by giving or withholding our consent. We are supposed 
to do so through up-or-down votes. That is what the Constitution 
assigns us to do and what the American people expect us to do.
  That is what we are failing to do.
  For the record, since I was first elected, I have voted against only 
5 of the more than 1,500 nominees to life-tenured judicial positions 
the Senate has considered on the floor. Some of my Democratic friends, 
including those with far less seniority, have voted against more than 
three times as many nominees of the current President alone.
  I have strongly opposed all filibusters against judicial nominees, 
both Democrats and Republicans. Some of my Democratic friends opposed 
filibusters of Democratic nominees but heartily supported filibusters 
of Republican nominees.
  I have not taken a partisan approach to judicial confirmations. But I 
must say that today this body is failing to do its confirmation duty.
  At both stages in the confirmation process--in the Judiciary 
Committee and on the Senate floor--Democrats are failing to meet not 
only historical standards but their own standards as well. Democrats 
have vowed not to treat President Bush's nominees the way Republicans 
treated President Clinton's nominees. Democrats are keeping that 
promise. Let me refer to this chart.
  In the past 10 months, for example, the Judiciary Committee, under 
Democratic control, has held a hearing on only three appeals court 
nominees. During the same period under President Clinton, the Judiciary 
Committee held a hearing on 12 appeals court nominees--four times as 
many. And by the way, every one of those Clinton nominees was 
confirmed, 11 of them within an average of only 48 days after their 
hearing, and 9 of them without a single negative vote.
  When I chaired the Judiciary Committee under President Clinton, we 
held no less than 10 hearings that included more than 1 appeals court 
nominee--10. While Democrats have controlled this body under President 
Bush, the Judiciary Committee has not held a single one--not one. Ten 
to zero. Democrats are certainly not treating Bush nominees the way 
Republicans treated Clinton nominees.
  The Democrats are not only failing to meet historical standards in 
the Judiciary Committee, they are failing to meet even their own 
standards. When I chaired the committee, Democrats complained about 
every nomination hearing that did not include an appeals court nominee. 
With Democrats in charge under President Bush, the Judiciary Committee 
has held nearly a dozen nomination hearings without a single appeals 
court nominee.
  There has already been one confirmation hearing this year without an 
appeals court nominee, and another one will take place on Thursday.
  The picture is the same on the Senate floor, where Democrats are 
failing to meet either historical standards or their own standards.
  President Bush is the fourth President in a row to face a Senate 
controlled by the other party during his last 2 years in office.
  Under his three predecessors, the Senate confirmed an average of 75 
district court nominees during their last 2 years in office. More than 
half of them were confirmed in the final year.
  Fifteen months into the current 110th Congress, we have confirmed 
only 31--only 31--district court nominees for President Bush.
  Similarly, under the previous three Presidents, the Senate confirmed 
an average of 17 appeals court nominees during the President's final 2 
years in office. So far in the 110th Congress, we have confirmed only 
six appeals court nominees for President Bush.
  Now, to meet the historical average, we will have to confirm 44 
district court and 11 appeals court nominees in the next several 
months. If anyone believes that will happen, I have some oceanfront 
property in the Utah desert I would like to sell them.
  Even if we did the completely unexpected, President Bush would still 
leave office with a much smaller impact on the Federal bench than his 
predecessor.
  President Bush has so far appointed 295 life-tenured Federal judges, 
well behind President Clinton, who appointed 346 at this same point in 
his presidency.
  Now, some around here spin a yarn about a supposed Republican 
blockade against President Clinton's judicial nominees. Some blockade. 
It allowed President Clinton nearly to set the all-time judicial 
appointment record.
  On the Senate floor, Democrats are not only failing to meet 
historical standards, they are also failing to meet even their own 
standards. Eight years ago, when Democrats were in the minority during 
the last year of President Clinton's tenure, they were crystal clear 
about what the judicial confirmation standard should be.
  One senior Democrat on the Judiciary Committee, for example, came to 
this floor often in 2000, insisting over

[[Page 4587]]

and over that Democrats had set the proper standard back in 1992. This 
is what he said:

       I say let us compare 1992, in which there was a Democrat 
     majority in the Senate and a Republican President. We 
     confirmed 11 court of appeals court nominees . . . and 66 
     judges in all. In fact, we went out in October of that year. 
     We were having hearings in September. We were having people 
     confirmed in October.

  Today, as in 1992, a President Bush is in the White House.
  Today, as in 1992, Democrats control the Senate.
  Today, Democrats do not have to badger the majority to meet their 
judicial confirmation standard. They are in the majority. All they have 
to do is meet their own standard, and thus far they have failed to do 
so.
  After all, if the Judiciary Committee is not holding hearings on 
appeals court nominees now, if the Senate is not confirming nominees 
now, what makes anyone think we are going to be doing so in September 
or October as Democrats once said we should?
  We will no doubt hear any number of rehearsed responses, retorts, and 
rejoinders. We will hear, for example, that the White House has not 
sent us a nominee for every existing judicial vacancy. True, but beside 
the point. Lacking nominees for vacancies X, Y, and Z is no excuse for 
failing to hold hearings and votes on nominees to vacancies A, B, and 
C.
  We have already heard about the so-called Thurmond rule, supposedly 
justifying grinding the confirmation process to a halt in this 
Presidential election year. The Thurmond rule neither is a rule nor can 
it be attributed to the late Senator Strom Thurmond, a former Judiciary 
Committee chairman.
  Here is what the Democrats said about the so-called Thurmond rule in 
2000, when a Democrat was in the White House:

       We cannot afford--

  The Democrats said--

     to follow the ``Thurmond Rule'' and stop acting on these 
     nominees now in anticipation of the presidential election in 
     November.

  Well, today is only April, but it already looks as if Democrats are 
stopping action on judicial nominees in anticipation of the 
Presidential election.
  Now, that same Democratic leader spoke on the Senate floor on October 
3, 2000, a month before the election. He once again rejected the so-
called Thurmond rule and used 1992 as the judicial confirmation 
standard, even in a Presidential election year. This is what he said:

       Do you know how long the Democrat-controlled Senate was 
     confirming judges for a Republican President [in 1992]? Up to 
     and including the very last day of the session; not up to and 
     including 6 months before the session ended.

  That was then. I wonder how long this Democratic-controlled Senate 
will be confirming judges for this Republican President.
  We will no doubt continue to hear the cute but misleading phrase 
``pocket filibuster,'' a blurb created by the Democratic spin machine 
to somehow blame Republicans for unconfirmed Clinton judicial nominees.
  Our constituents may not know it, but my Democratic colleagues 
certainly do, that every President has nominees who do get confirmed 
for a host of different reasons. But why let the facts get in the way 
of a good sound bite?
  The unconfirmed Clinton nominations include many President Clinton 
himself withdrew or chose not to renominate. They include others who 
were nominated too late in a session to even be processed. They include 
others who did not have the support of their home State Senators.
  The current Judiciary Committee chairman insists he is not 
responsible when nominees lacking support from their home State 
Senators do not get hearings. When he follows this policy, he blames it 
on Senate tradition and senatorial courtesy. When a Republican chairman 
follows this policy, he calls it a pocket filibuster.
  When you sort out the real reasons that Clinton nominees were not 
confirmed, you find this Democratic sound bite has a margin of error of 
about 500 percent.
  One of my Democratic friends was recently quoted as saying that facts 
are stubborn things. They are indeed.
  None of this explains, let alone excuses, Democrats' refusal to 
holding hearings or votes on judicial nominees who do have their home 
State Senators' support.
  The U.S. Court of Appeals for the Fourth Circuit, for example, is 
one-third empty--one of the most important circuit courts in the 
country. President Bush has sent us nominees to four of the five 
vacancies on that court. One of them, Robert Conrad, has the support of 
both home State Senators, our distinguished colleagues from North 
Carolina. He has been nominated to a position that has been open for 14 
years. The Administrative Office of the U.S. Courts has designated it a 
judicial emergency position.
  This body confirmed Robert Conrad to the U.S. district court a few 
years ago without even having a rollcall vote. Yet he has been waiting 
for more than 250 days without a hearing.
  Steven Matthews, likewise, has the support of his home State 
Senators, our distinguished colleagues from South Carolina. He has been 
waiting for more than 200 days without a hearing.
  The American people sent us to do our duty, and that includes giving 
a hearing and a vote on these nominees.
  Mr. President, I ask unanimous consent to have printed in the Record 
a letter, dated February 13, 2008, signed by more than 50 grassroots 
organizations, urging us to do our judicial confirmation duty.
   There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                February 13, 2008.
     Hon. Patrick J. Leahy,
     Hon. Arlen Specter,
      Hon. Joseph R. Biden, Jr.,
     Hon. Sam Brownback,
     Hon. Benjamin L. Cardin,
     Hon. Tom Coburn,
     Hon. John Cornyn,
     Hon. Richard J. Durbin,
     Hon. Russell D. Feingold,
     Hon. Dianne Feinstein,
     Hon. Lindsey Graham,
     Hon. Charles E. Grassley,
     Hon. Orrin G. Hatch,
     Hon. Edward M. Kennedy,
     Hon. Herb Kohl,
     Hon. Jon Kyl,
     Hon. Charles E. Schumer,
     Hon. Jeff Sessions,
     Hon. Sheldon Whitehouse,
     U.S. Senate, U.S. Capitol,
     Washington, DC.
       Dear Senators: We write both to express our deep concern 
     about the lack of progress in 2007 in reporting judicial 
     nominees--particularly circuit court nominees--out of the 
     Judiciary Committee, and to discuss reasonable expectations 
     for progress on this issue in 2008.
        The remarkably low approval ratings for the 110th Congress 
     are a testament to Americans' concern that their 
     representatives are more interested in partisan politics than 
     in serving the people. The American people want you to do 
     your job, and among the most important responsibilities of 
     the Judiciary Committee are processing and voting on the 
     President's judicial nominees.
        The impact of the judges issue on Senate campaigns over 
     the last six years demonstrates that the public is watching. 
     Your constituents may not pay close attention to the details 
     of the confirmation process, but they cannot help but notice 
     the personal attacks on nominees, the emphasis on politics 
     over progress, and the basic unfairness of denying qualified 
     nominees a fair up-or-down vote by the committee and full 
     Senate.
        A year into the 110th Congress, the Judiciary Committee 
     has held hearings for only four appeals court nominees and 
     has voted on only six. As a result, the full Senate has 
     fallen far short of the confirmation pace necessary to meet 
     the historical average of 17 circuit court confirmations 
     during a president's final two years in office--an average 
     maintained during the Reagan, Bush I, and Clinton 
     presidencies despite opposition control of the Senate.
        Instead of seeing progress, the American people are 
     watching judicial nominees stack up in the Judiciary 
     Committee. Ten appeals court nominees--seven of them waiting 
     to fill vacancies declared ``judicial emergencies''--and 
     nearly twenty district court nominees languish in committee. 
     Several nominees have been waiting more than a year and a 
     half.
        Given the long delays in the federal courts, the American 
     people are unsympathetic to the claim that certain nominees 
     cannot even get a hearing because of the Judiciary 
     Committee's arcane ``blue slip'' policy. That policy exposes 
     the Senate at its worst and is rightfully perceived as 
     serving senators rather than the public. Consider the 
     senators

[[Page 4588]]

     whose only reason for blocking two circuit court nominees is 
     a decade-old personal grudge, or the senators who can do no 
     better than argue that the nominee they are blocking is so 
     good at his current job that he should be kept there. In the 
     end, responsibility for the resulting delays lies with the 
     Judiciary Committee, because the ``blue slip'' policy exists 
     entirely at the committee's discretion.
        Fortunately, the new year presents the Judiciary Committee 
     with the opportunity for a fresh start. If you and your 
     colleagues are willing to eschew partisan politics, focus on 
     your constitutional duty, and treat nominees in a dignified 
     manner, the Senate can meet or come close to the historical 
     average of 17 circuit court confirmations.
        Specifically, there are four pending circuit nominees--
     Robert Conrad, Steve Matthews, Catharina Haynes, and Gene 
     Pratter--who have the support of home state senators, which 
     Chairman Leahy has said is key to approval by the Judiciary 
     Committee. Including D.C. Circuit nominee Peter Keisler, that 
     makes five appeals court nominees for whom there is no excuse 
     for denying them a committee vote. And, given the outstanding 
     qualifications of these five nominees, there is no reason why 
     the committee should fail to report them to the full Senate 
     for a fair up-or-down vote.
        Assuming at least two new nominees to the Fourth and Ninth 
     Circuits in the next several months, that leaves seven 
     circuit nominees in addition to the aforementioned five. Even 
     if the Judiciary Committee meets only a very minimal standard 
     by reporting just four of those seven to the full Senate, the 
     Senate will have an opportunity--contingent on Majority 
     Leader Reid scheduling up-or-down votes--to confirm fifteen 
     appeals court nominees in the 110th Congress. Fifteen 
     confirmations would fall short of the historical average, but 
     would match the number of circuit court confirmations in 
     President Clinton's final two years. Anything less and the 
     members of the Judiciary Committee will be remembered for 
     presiding over historic levels of obstruction.
        Lest the individual nominees get lost in a discussion of 
     numbers, we want to draw your attention to the truly 
     exceptional qualifications of D.C. Circuit nominee Peter 
     Keisler, who has inexplicably languished in committee without 
     action since his hearing a year and a half ago. Keisler has 
     been given the American Bar Association's highest rating--
     ``unanimously well-qualified''--and has the enthusiastic 
     support of leading legal scholars and practitioners from 
     across the ideological spectrum, including Yale Law School 
     Dean Anthony Kromnan, Professor Neal Katyal of Georgetown, 
     Professor Akhil Amar of Yale, Carter Phillips of Sidley 
     Austin, former D.C. Bar President George Jones, and several 
     former law clerks of Supreme Court Justices Thurgood Marshall 
     and William Brennan. In addition, both the Washington Post 
     and Los Angeles Times have called for Keisler's confirmation.
        This impressive array of supporters surprises no one 
     familiar with Keisler's unmatched credentials. A graduate of 
     Yale Law School, Keisler served as Associate Counsel to 
     President Reagan and clerked for Supreme Court Justice 
     Anthony Kennedy before joining Sidley Austin. At Sidley, he 
     was quickly promoted to partner and argued cases at every 
     level of the federal court system, including the Supreme 
     Court. In 2002, he left Sidley to serve his country at the 
     U.S. Department of Justice, where he was promoted to 
     Assistant Attorney General for the Civil Division a year 
     later. When Attorney General Alberto Gonzales resigned last 
     year, Keisler postponed his plans to leave government service 
     so that he could see the Department and the nation through a 
     difficult transition period as Acting Attorney General.
        The least the Judiciary Committee can do to thank Peter 
     for his service to the nation is to report him to the full 
     Senate for an up-or-down vote. There is no rational reason 
     why, after a year and a half of waiting, this exceptional 
     nominee should remain on hold. If his nomination is allowed 
     to die in the Judiciary Committee, it will be a loss to both 
     the federal bench and the reputation of the committee. His 
     confirmation is our highest priority, and it should be yours 
     as well.
        President Bush fulfilled his constitutional duty by 
     nominating the men and women who await action in the 
     Judiciary Committee. We respectfully request that you fulfill 
     your responsibility as well, by ensuring that each and every 
     judicial nominee is given a hearing and a vote in committee. 
     If you cannot support a particular nominee, vote him or her 
     out of committee without a positive recommendation, or vote 
     against confirmation on the Senate floor. The full Senate 
     must be allowed to carry out its constitutional duty of 
     advice and consent by providing each nominee with a timely 
     up-or-down confirmation vote, and you should not stand in the 
     way. We ask only that you do your job by putting 
     statesmanship above politics and special interests. The 
     American people expect no less.
        We would be happy to speak with you in person about this 
     critical matter.
           Respectfully,
         Curt Levey, Executive Director, Committee for Justice; 
           James L. Martin, President, 60 Plus Association; Gary 
           L. Bauer, President, American Values; Roger Clegg, 
           President, Center for Equal Opportunity; Jeff Ballabon, 
           President, Center for Jewish Values; Jim Backlin, Vice 
           President for Legislative Affairs, Christian Coalition 
           of America; Paul M. Weyrich, National Chairman, 
           Coalitions for America.
         Kay R. Daly, President, Coalition for a Fair Judiciary; 
           Wendy Wright, President, Concerned Women for America; 
           Kent Ostrander, Executive Director, Family Foundation 
           (Kentucky); Tom McClusky, Vice President of Government 
           Affairs, Family Research Council; Brian Burch, 
           President, Fidelis; Tom Minnery, Senior Vice President 
           of Government and Public Policy, Focus on the Family; 
           Ron Shuping, Executive Vice President of Programming, 
           Inspiration Networks.
         James Bopp, Jr., General Counsel, James Madison Center 
           for Free Speech; Gary Marx, Executive Director, Wendy 
           E. Long, Counsel, Judicial Confirmation Network; Day 
           Gardner, President, National Black Pro-Life Union; 
           Chris Brown, Executive Vice President, National 
           Federation of Republican Assemblies; Raymond J. 
           LaJeunesse, Jr., Vice President and Legal Director, 
           National Right to Work, Legal Defense Foundation; Linda 
           Chavez, President, One Nation Indivisible; Dr. Randy 
           Brinson, Chairman, Redeem the Vote.
         Joyce E. Thomann, President, Republican Women of Anne 
           Arundel County, MD; Dr. Rod D. Martin, Chairman, 
           TheVanguard.Org; Rev. Louis P. Sheldon, Chairman, 
           Traditional Values Coalition; Dr. Keith Wiebe, 
           President, American Association of Christian Schools; 
           Susan A. Carleson, Chairman and CEO, American Civil 
           Rights Union; Donald E. Wildmon, Founder and Chairman, 
           American Family Association; Micah Clark, Executive 
           Director, American Family Association of Indiana.
         Rev. John C. Holmes, Ed.D., Director, Government Affairs 
           Association of Christian Schools International; Larry 
           Cirignano, Founder, CatholicVOTE.org; Jeffrey Mazzella, 
           President, Center for Individual Freedom; Samuel B. 
           Casey, Executive Director and CEO, Christian Legal 
           Society; Tom Shields, Chairman, Coalition for Marriage 
           and Family; Professor Victor Williams, Columbus School 
           of Law, Catholic University of America; Karen 
           Testerman, Executive Director, Cornerstone Policy 
           Research.
         Ron Pearson, President, Council for America; Brad Miller, 
           Director, Family Policy Council Dept., Focus on the 
           Family Action; Bryan Fischer, Executive Director, Idaho 
           Values Alliance; Curt Smith, President, Indiana Family 
           Institute; J. C. Willke, M.D., President, International 
           Right to Life Federation; Phillip Jauregui, President, 
           Judicial Action Group; Anita Staver, President, Liberty 
           Counsel.
         Mr. Kelly Shackelford, Chief Counsel, Liberty Legal 
           Institute; Mathew D. Staver, Dean and Professor of Law, 
           Liberty University School of Law; Dr. Patricia McEwen, 
           Director, Life Coalition International; Bradley Mattes, 
           Executive Director, Life Issues Institute; Steven 
           Ertelt, Editor and CEO, LifeNews.com; Gene Mills, 
           Executive Director, Louisiana Family Forum; Leslee J. 
           Unruh, President and Founder, National Abstinence 
           Clearinghouse.
         Steven W. Fitschen, President, National Legal Foundation; 
           Len Deo, Founder and President, New Jersey Family 
           Policy Council; Fr. Frank Pavone, M.E.V., National 
           Director, Priests for Life; David Crowe, Director, 
           Restore America; Dr. William Greene, President, 
           RightMarch.com; Dane vonBreichenruchardt, President, 
           U.S. Bill of Rights Foundation; Al Laws, Jr., CEO, WIN 
           Family Services, Inc.

  Mr. HATCH. Mr. President, let me briefly turn from the judicial to 
the executive branch and, in particular, to the Department of Justice.
  My Democratic colleagues have helped drive from office several top 
Justice Department officials and yet are now slow-walking confirmation 
of their replacements.
  On March 11, the Judiciary Committee held a hearing on the nomination 
of Grace Chung Becker to be Assistant Attorney General of Civil Rights.
  Grace served as a counsel on my staff when I chaired the Judiciary 
Committee and has been a Deputy Assistant Attorney General in the Civil 
Rights Division for the past 2 years. She currently heads the division 
in an acting capacity.
  My Judiciary Committee colleagues will remember Grace as a talented, 
brilliant, and dedicated lawyer, a person of the highest character and 
integrity--one of the most likable people

[[Page 4589]]

who ever served on the committee, one who served both sides, I think, 
graciously and well.
  She received her law degree magna cum laude from Georgetown, where 
she was associate editor of the Georgetown Law Journal. That was after 
receiving her B.A. magna cum laude from the University of Pennsylvania 
and her B.S., once again magna cum laude from the Wharton School of 
Finance.
  I think I see a pattern here.
  After clerking for judges on the U.S. District Court and the U.S. 
Court of Appeals in the District of Columbia, Grace spent a year in 
private practice before entering Government service. For the next 
decade, Grace served in such positions as Special Assistant U.S. 
Attorney, Assistant to General Counsel at the U.S. Sentencing 
Commission, Special Adviser to the Assistant Secretary of the Army, and 
Associate Deputy General Counsel of the Defense Department.
  The PRESIDING OFFICER. The Senator's 15 minutes has expired.
  Mr. HATCH. I ask unanimous consent for another 2 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HATCH. At the Justice Department, Grace has been supervising 
hundreds of lawyers in cases regarding civil rights, housing 
discrimination, religious land use, education, and fair lending 
practices.
  Grace is a special person. She is the child of Korean immigrants 
whose parents and siblings are all entrepreneurs in New York and New 
Jersey. She and her husband Brian have been married for 14 years and 
have 2 wonderful children. Grace is living the American dream and 
making the most of the opportunities she has found in this great 
country. She is dedicated to making these opportunities available to 
others.
  She has served the community on the board of the Korean American 
Coalition and on the Fairfax County School Board's Human Rights 
Advisory Committee.
  She has finally had her hearing, but now I hear disturbing reports 
that she has been given literally hundreds of written questions, many 
about matters occurring long before her tenure or decisions and 
policies she had absolutely nothing to do with.
  I urge my colleagues to do the right thing, to do our confirmation 
duty, not only for Grace but also for these qualified judicial nominees 
as well. I ask my colleagues to do what the American people sent us 
here to do, and that includes giving timely consideration and up-or-
down votes to the President's nominees for the judiciary and the 
Department of Justice.
  Mr. President, I thank my colleague for allowing me the extra 2 
minutes, and I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Illinois is 
recognized.
  Mr. DURBIN. Mr. President, this Senate is an institution which was 
central to the decision to become a Nation. I have been watching this 
John Adams documentary on HBO--I recommend it to everybody--talking 
about the earliest days of America. This great Constitution which 
guides our Nation almost didn't happen but for a compromise which said 
that even the smallest States would at least have two Senators, the 
same as the largest States. On the Senate floor that tradition 
continued, allowing even minorities, small groups, and even individual 
Senators certain rights which are not afforded to those across the 
Rotunda in the House of Representatives.
  One of these is a filibuster where Senators can take to the floor and 
can hold the floor, objecting to what is going on. It takes an 
extraordinary vote--a large vote, more than a majority in the Senate--
to take the floor back from that single Senator or group of Senators 
and to proceed with business. These filibusters have stopped what are 
so-called ``cloture motions,'' closing down the debate and moving on 
with business. It takes 60 votes for a cloture vote. In other words, 60 
Senators have to agree to stop a filibuster and move forward.
  In the history of the Senate, the record number of filibusters for 
any 2-year period of time has been 62--62 filibusters in a 2-year 
period. Last year, the Republican minority broke that record, smashed 
that record by initiating 62 filibusters in 1 year. Sixty-two times the 
Republican minority stopped our efforts on the floor of the Senate to 
move forward to try to change things in America--62 times.
  The Republican Party is known as the Grand Old Party--the GOP. It 
turns out that when it comes to Senate Republicans, GOP stands for 
Graveyard Of Progress. That is what they are trying to make the Senate.
  On February 28 we brought up a measure here to deal with America's 
housing crisis. Is it a serious issue? Is it something the Senate 
should take the time away from our wonderful patriotic speeches and try 
to address? I think it is. More than 2 million Americans face 
foreclosure. In my home State of Illinois, we are facing record numbers 
of foreclosures. In States such as Nevada and California and all over 
the United States, foreclosures are at record numbers on mortgages of 
homes.
  Is it an important issue for more than 2 million families? It is. 
Because when a home goes into a foreclosure and is sold at lower than 
fair market value, it affects the value of the homes in the 
neighborhood. So when they ask you: What is the value of your home, 
Senator Durbin, in Springfield, IL, you say: Well, let's look and see 
some of the recent sales in his neighborhood--comparable values, as 
they call them. If, around the block, one of my neighbors has lost a 
home in foreclosure, that has a negative impact on the value of my 
home. So 2 million mortgage foreclosures have a ripple effect across 
the housing economy and diminish the value of 44 million homes, 22 
homes for every home in foreclosure. One says: Well, 44 million homes 
in a nation of 300 million people, it is still not that big a deal, is 
it? It is. Forty-four million private residences reflect one-third of 
all of the private residences owned in America. Two million mortgage 
foreclosures and one out of three homeowners who dutifully make their 
mortgage payments every single month without a problem see the value of 
their home go down. In fact, we are seeing a rising number of people in 
America holding a mortgage on their home at a value that is higher than 
the actual value of their home. They are under water, as we say. They 
have a debt, a mortgage, which is greater than the value of their home.
  This has an impact on our overall economy. Over 70 percent of the 
people in America today, when asked if they will buy a home, say no. 
You say: Is that because you can't find a mortgage for your home? They 
say: No, I can find a mortgage. I just don't think it is a good 
investment.
  Think about that statement. For as long as I have been around, a home 
was always your best investment. I can remember when my wife and I 
stretched and squeezed and sacrificed to get our first home, how proud 
we were. We weren't sure we could make those monthly payments. It was a 
stretch to do it. But we knew it was the right thing for our kids, for 
our family, for our neighborhood, and for ourselves, because a home is 
going to go up in value. At least that was the theory until recently. 
Now homes are going down in value and people are not buying. Homes sit 
vacant, not only foreclosed homes but other homes where people are 
trying to sell them to move on to a different location or to a better 
place. You see the signs all over America: For Sale, For Sale. It is a 
reminder that the housing crisis which brought us into this recession 
is still very much an issue today.
  On February 28, the Democratic majority said to our friends on the 
Republican side: Let us act as Senators. Let us deal with an issue that 
has relevance to today's economy and to families all over the Nation. 
We have a plan. We have a proposal, a housing stimulus package, with 
four or five key points in it which I will mention in a moment. We want 
to bring that bill to the floor and we want our friends on the 
Republican side--and even Democratic Senators if they wish--to offer 
amendments about housing so their best ideas can be considered.
  What I have described sounds dangerously like the tradition of a 
deliberative body such as the Senate; we

[[Page 4590]]

would actually take an important American issue, bring it to the floor, 
debate it, open it to amendment, do our best to come up with something 
that will pass, match what the folks do in the House of 
Representatives, and maybe end up with a law--a law that can strengthen 
our economy. That is the normal way we do business--or at least normal 
until this Republican minority came to power.
  What happened on February 28? Well, we needed about nine Republicans 
to join the Democrats so we could move forward in the debate. Only one 
stepped up, so we didn't have enough votes. So the housing stimulus 
package died on February 28. The Republican minority refused to even 
debate it. They wouldn't even bring it up on the floor. Nothing was 
going to stop them from offering relevant amendments to this housing 
package. They didn't even want to have an opportunity to offer those 
amendments. They didn't want the debate.
  I think I know why. They are doing their best to make sure that this 
Congress, under the Democrats, ends up in the same position as the 
previous Congress, under Republicans, of doing nothing about the issues 
that count for America.
  But we are not giving up. We are coming back today. In about 20 
minutes we will break for lunch and after that, we will come back for a 
vote on the floor and we will try to return to this housing stimulus 
package. We will give the Republicans a chance to join us. I say to my 
friends on the Republican side who may be watching this on C-SPAN in 
their offices or other places: Don't be afraid of a debate. Don't be 
afraid of amendments. Isn't that why we ran for office, to address the 
important issues facing America, to debate the merits of a good idea or 
a bad idea, and to take a vote to be on record. If we are going to run 
away from an issue as central to the economy as the housing crisis, we 
are becoming irrelevant. It is little wonder that the approval rating 
of Congress is as low as it is when the Republicans continue to 
filibuster, continue to stop us from even debating something as 
critical as the housing crisis facing America.
  So what does the bill do? The basic bill we are talking about here 
does several things in an attempt to reduce foreclosures. One of the 
first is to make an investment in more counselors. It has to be a scary 
moment when you receive that letter after you have missed your mortgage 
payment that says you are now in default. You are facing foreclosure. 
We can take your home away from you. Some people go through a period of 
denial. They won't look at the mail. They won't answer the phone. They 
hope it will all go away. But it won't. It gets worse. Others wisely 
say: I need to talk to somebody. How did I get into this mess? How can 
I get out of this mess? The people available to talk to them are 
counselors who sit down and say: OK, don't panic. Do you have an 
income? How are you doing otherwise? Do you have a lot of debt? Maybe 
we can call the bank. Maybe we can find a way to change the terms of 
your mortgage so you can stay there.
  These counselors are valuable. In fact, they are invaluable to deal 
with this mortgage foreclosure crisis. So one of the first things we do 
is to put more funds into counseling so there are people available to 
help those facing mortgage foreclosures.
  We expand refinancing opportunities so that if you can't make it on 
your old mortgage--let's say you have what is called an ARM, an 
adjustable rate mortgage, and let's say it has hit its reset point--1 
year, 3 years, 5 years--and now you have a new interest rate and your 
monthly payment shot up so high you can't make it. So what are you 
going to do? Well, in this bill we set up some refinancing 
opportunities across the Nation so that people who have an income, who 
are responsible, who want to keep their homes, have a chance.
  We also provide to communities funds through the Community 
Development Block Grant Program to purchase foreclosed properties. 
People ought to see what I have seen repeatedly on the west side of 
Chicago, over by the United Center where the Chicago Bulls play 
basketball. There is a great little area on the west side just getting 
a start that has been rebuilding neighborhoods that have been kind of 
beaten up for a long time with nice homes. Smack dab in the middle of 
these nice homes is this boarded-up home, with trash in what used to be 
a nice front yard. It looks awful. Right next door to it live two 
families who clearly care about their homes, and there sits that 
foreclosed home smack dab in the middle. It is up for auction. When it 
goes up for auction, it is not likely to even get fair market value, 
and it is going to hurt the value of all of the other homes in the 
neighborhood.
  One of the things we try to do is offer communities some funds to 
step in on foreclosures before that house is abandoned and run down in 
value and hurts the whole community. We also expand a carryback period 
for businesses, particularly to help those in the housing industry who 
have had a rough go of it kind of weather the storm so they can 
survive.
  Jack Reed of Rhode Island, my colleague, passed the Truth In Lending 
disclosure requirement for real estate closings.
  If you have ever sat through a real estate closing, you know there 
are a stack of papers like this, and they turn the pages and say: Keep 
signing. And in 20 minutes you walk out the door and say: What the heck 
did I just sign? Senator Jack Reed wants to have a cover sheet that has 
the basics on it so everybody initials it and signs it so they know 
their interest rate, what the term of the loan is, how much they are 
borrowing, if the interest rate can change, what the monthly payment 
is, what it could be--the high and low points--and is there a penalty 
for prepayment--basic things, so they don't walk out in a mystery as to 
what they just signed.
  Then there is a provision I have in there which the mortgage bankers 
hate like the devil hates holy water. Why do mortgage bankers hate this 
provision? First, let me introduce you to this group. The mortgage 
bankers were the industry that brought us this mess of subprime 
mortgages.
  They were the ones who started peddling mortgages that made no sense, 
convincing people who were caught off guard, or deceived, saying: Oh, 
of course you can afford this home; these are interest-only payments. 
Don't worry about it. Just look at the monthly payment, don't worry 
about it. And, listen, when it is supposed to reset and the payment 
goes up, you come back to me and I will refinance it. You know these 
homes will keep going up in value forever.
  A lot of unsuspecting people signed on to these mortgages. Some of 
them were elderly, and most of them were without advanced degrees in 
finance, and some were duped into this by come-on deception 
advertising. But the fact is, they signed on for the so-called subprime 
mortgages.
  Well, those are the folks who are going through trouble now. There 
are about 2.2 million of them. About one-third of them will end up in 
Bankruptcy Court. They will go into chapter 11 where you walk in and 
say to the judge: I am making an income, I am not out of work, but I 
have all these debts. Under chapter 11, the bankruptcy judge can start 
restructuring your debts, try to find a way through the mess so that at 
the end of the day you can get it back together again. About one-third 
of the people facing foreclosure will be in that position.
  Now, let's assume you walk into that bankruptcy court and you have a 
number of things you own. I will give you some examples; some are 
unusual. You own your home, you own a ranch, a vacation condo, and you 
own a yacht. I know most people don't own yachts, but let's use this 
example. Maybe it is just a big boat. What can that bankruptcy judge do 
when it comes to what you owe? Well, he can take your ranch and modify 
the terms of the mortgage. He can take your vacation condo in Florida 
and modify the terms of the mortgage. He can take your yacht, or big 
boat, and modify the terms of what you owe on your yacht.
  What about your home? No way. The law says the bankruptcy court 
cannot

[[Page 4591]]

modify the terms of your mortgage on your home. It is prohibited by 
law. What is that all about? This is a graphic illustration of a 
yacht--and I don't know any Senator who owns one. But here is a yacht 
and here is a home. The bankruptcy court can renegotiate the terms for 
the yacht but not for the home. My bill says you will have a chance to 
renegotiate the terms of your home, but there are strict limitations.
  First, this doesn't apply to everybody. You have to have an existing 
mortgage, not anything that you could enter into at a future date. 
Second, it has to be a home, not a property you bought for speculation. 
Third, you have to qualify to go into bankruptcy court. Fourth, when 
they modify the mortgage, they cannot lower the principal below the 
fair market value of the home. Many foreclosure proceedings don't end 
up at fair market value. Fifth, the interest rate they can impose on 
the new mortgage cannot be anything less than the prime rate, plus a 
premium for risk. Sixth, if the home you have refinanced goes up in 
value in the next 5 years, the bank, the lender, gets the increase in 
value. You are protecting the lender on both ends--no lower than fair 
market value and any increase in value goes to the lender.
  Now, the mortgage bankers, God bless them, say this is the end of 
Western civilization as we know it. If these people are able to stay in 
their home under these circumstances, interest rates will go up all 
across the country. The Georgetown Law Center said this:

       Taken as a whole, our analysis of the current historical 
     data suggests that permitting bankruptcy modification of 
     mortgages would have no or little impact on mortgage markets.

  I have talked to these bankers. This doesn't make sense. Unregulated, 
unsupervised, without oversight, they dragged us into this mortgage 
crisis with millions of people and their homes on the line, and our 
economy is teetering on recession, the values of homes across America 
are in peril, and now they will not even allow us to help these 
families who will end up in bankruptcy court.
  I would like to have a vote on that. I would like to ask my friends 
on the Republican side of the aisle to, at 2:15 or 2:30, have a vote on 
this issue. If you don't want to fight fires, don't be a firefighter. 
If you don't want to cast a vote on an important issue in America 
today, don't run for the Senate. If you want to be in the Senate and be 
part of this national debate, for goodness sakes, vote to proceed to 
this bill. Let's not litter this graveyard of filibusters with this 
important housing stimulus bill.
  I urge my colleagues to vote for the motion to proceed.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Rhode Island is recognized.
  Mr. REED. Mr. President, let me first recognize the contribution of 
my colleague from Illinois with respect to the bankruptcy provision. He 
explained it extremely well. What it does is give homeowners a chance 
to get out from underneath a collapsing housing market in the United 
States. It has been well tailored and it is responsible and I think we 
should adopt it quickly in this package that is going forward.
  The whole housing crisis is a reflection of a much deeper economic 
malaise that is gripping the country. We are seeing skyrocketing prices 
in terms of energy and foodstuffs. On the recess I visited two Italian 
bakeries in Rhode Island. They have been family-owned companies for 
over 100 years, and they have never seen the runup in prices of wheat 
they have seen over the last several weeks and months.
  The final thing is that we are losing jobs now. In the last 2 months, 
we have lost many jobs. We lost 63,000 jobs last month. That is the 
largest monthly decline in jobs in 5 years. The national unemployment 
rate is 4.8. In Rhode Island it is 5.8 percent. We are seeing an 
economy sliding into recession. Key to this, in my view, to reconcile 
and try to stop the erosion of economic opportunity in this country is 
to stabilize the housing market. That is what the package of proposals 
that we will vote on this afternoon attempts to do.
  We have a situation in this country where incomes have been flat for 
the last 8 years for most Americans--unless you were extraordinarily 
compensated at the highest levels. But if you are a working man or 
woman, low income, middle income, or even upper middle income, your 
income has been relatively flat. You have seen accelerated costs. The 
last thing people had in their tool kit, if you will, was the value of 
their homes. They could draw on that in emergencies and use it to help 
children go to college. They could use it if there was an unexpected 
expense.
  Now, with declining housing values, American families are being 
squeezed dramatically--job losses, increasing prices, flat incomes, and 
now declining housing values. In fact, it has been estimated that today 
in the United States the value of homes fell below 50 percent of 
equity--the ratio of equity fell below 50 percent for the first time in 
a long time.
  We are also looking at a situation where there is a record number of 
foreclosures. Just this morning, coming into work and listening to the 
radio, I heard in Montgomery County, MD, there is a huge acceleration 
of foreclosures in that suburb. It is also happening across the 
country. In the Providence Journal in Rhode Island, there used to be 
maybe two, three pages of foreclosures on a high number. Now there is a 
whole section devoted to foreclosures.
  This is becoming a problem not just for individual households but for 
communities because the value of a foreclosed home brings down the 
value of the surrounding homes. It is a cascading effect. It ruins 
communities as well as impairs the credit and lives and the 
opportunities of individual families. We have to do much more to stem 
this decline, particularly with respect to housing values.
  Yesterday, I noted that Secretary Paulson announced significant 
steps, he proclaimed, to begin to revise the regulation of financial 
institutions, and part of it is prompted by the subprime mortgage 
crisis, the securitization of these loans. There is nothing in his 
blueprint that dealt with the most important aspect of the problem, and 
that is home values. The administration has been very keen and quick to 
help Wall Street. The reality is we have to help Main Street, 
individual homeowners across this country. If we do I think that will 
provide a surge of confidence to the economy, which is the key factor 
in beginning a recovery from what looks like the beginning of a 
recession, and perhaps a long recession, unless we act promptly.
  I have joined my colleagues to introduce this legislation, the 
Foreclosure Prevention Act of 2008, which builds on the economic 
stimulus package. It is a complement to it. I hope we can move today, 
despite previous opposition by my colleagues on the Republican side, to 
take up this legislation and begin the debate and modify it, if 
necessary, but move forward deliberately and quickly to address the 
issue of housing in the United States.
  This legislation, if enacted, would help families keep their homes by 
providing counseling for foreclosures, by expanding refinancing 
opportunities, and by getting the services and the counselors together 
to attempt to allow people to stay in their homes. One aspect of this, 
as mentioned by my colleague from Illinois, is the Bankruptcy Code 
modification that would allow these residences to be subject to a 
bankruptcy judge's determination of a different workout plan for the 
home. It also helps communities withstand the impact of foreclosures, 
as there is a cascading effect. If one home is foreclosed, the value of 
other homes begins to decline automatically. This would provide 
community development block grants to cities to purchase some of these 
homes. We have to move quickly because one of the other aspects is when 
these homes in urban areas are empty for a matter of weeks, or even, in 
some cases days, they are stripped--the siding is ripped off, or the 
copper plumbing is taken out. Unless there is someone to go in there 
and keep it in use or to board it up and protect it, then these homes 
are going to be a loss not just temporarily but for a longer term.
  This is going to help businesses by expanding the carry-back period 
from 2

[[Page 4592]]

to 5 years to utilize losses incurred in 2006 and 2007 and 2008. It is 
going to help, I hope, avoid foreclosure in the future. It will deal 
with the issue of clear disclosure of a maximum amount of a loan and 
maximum monthly payment legislation that I authored. This will give a 
bumper sticker or a big warning label on a mortgage to individual 
borrowers and tell them the maximum amount of money they have liability 
for. So the introductory teaser rate of $1,000 a month might be 
attractive, but if people realize that within a year or 2 years they 
will be paying two or three times that, it will give them the 
information they need to make a better judgment about signing up for 
that loan.
  So this legislation is critical to families, and it is particularly 
critical, I think, to ensure that we begin to work our way out of the 
looming recession and an economy that is deeply troubled. I hope all my 
colleagues will vote to go forward with this measure and, I hope, pass 
this measure.
  I yield the floor.

                          ____________________




                                 RECESS

  The PRESIDING OFFICER. Under the previous order, the Senate stands in 
recess until the hour of 2:15 p.m.
  Thereupon, The Senate, at 12:29 p.m., recessed and reassembled at 
2:15 p.m. when called to order by the Presiding Officer (Mr. Carper).
  Mr. REID. Mr. 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.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                     CONCLUSION OF MORNING BUSINESS

  The PRESIDING OFFICER. Morning business is closed.

                          ____________________




NEW DIRECTION FOR ENERGY INDEPENDENCE, NATIONAL SECURITY, AND CONSUMER 
PROTECTION ACT AND THE RENEWABLE ENERGY AND ENERGY CONSERVATION TAX ACT 
                       OF 2007--MOTION TO PROCEED

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to the motion to reconsider the vote by which cloture was not 
invoked on the motion to proceed to H.R. 3221. The motion to reconsider 
is agreed to, and there will now be 15 minutes of debate equally 
divided prior to a vote on cloture on the motion to proceed to H.R. 
3221, with the majority leader controlling the second half of that 
time.
  The Republican leader.
  Mr. McCONNELL. Mr. President, the majority leader and I have had good 
conversations this morning, and a few moments ago, we reached an 
agreement on how to go forward on the housing bill. That agreement is 
as follows: that Senator Dodd, the chairman of the Banking Committee, 
and Senator Shelby, the ranking member, would come together after we 
invoke cloture on the motion to proceed and come up with a bipartisan 
substitute to be offered as an amendment to the bill upon which we are 
about to invoke cloture to proceed. That would be the underlying bill 
that would enjoy the confidence and support of the two leaders of the 
Banking Committee.
  Most of my conference is very comfortable with that proposal. We 
understand fully there will be amendments after that, but that will at 
least give us an opportunity to get off on a bipartisan footing, 
reminiscent of the good work we were able to do earlier this year not 
only on the foreign intelligence surveillance bill but also on the 
economic stimulus package where we were able to come together and, by 
significant bipartisan majorities, pass the legislation.
  We all know we have problems with housing in this country. Most of us 
believe we need to enact legislation to try to improve this situation. 
Many of these proposals are supported by people on both sides of the 
aisle. So this would give us a chance to begin in a way that is 
comforting to both sides before we open the process to amendments.
  The majority leader has also assured me he has no intention of 
filling up the tree or employing any of the other techniques the 
majority is certainly free to do but which have a way of locking down 
the process on the minority side.
  This has been a very good discussion, leading up to a process by 
which I think we can go forward and hopefully get something important 
for the country--I see my good friend, the leader of the Banking 
Committee, on the floor--get something important for the country 
accomplished in the Senate this week.
  I thank the majority leader for his approach to this issue. I think 
it is entirely appropriate and gives us a good opportunity to move 
forward.
  I yield the floor.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Mr. President, the smoke is housing crisis foreclosures. 
The fire is the general economy because the housing crisis has caused 
the economy to be in a state of distress.
  The chairman of the Banking Committee, Senator Dodd, made such an 
outstanding presentation this morning where he talked about almost 
8,000 homes every day--today, tomorrow, and the foreseeable future--
will be foreclosed upon, not the beginning process of foreclosure, but 
the termination of foreclosure. Someone by the name of Jones, Smith--
whatever their name might be--will lose their home, a family home.
  What does that do to the neighborhood? Every time there is a home 
foreclosed upon, it immediately causes the rest of the neighborhood to 
be worth less money. What does it do to the government entity where 
that home is located? The government entity loses the ability to get 
tax money. No one benefits from foreclosures.
  This is a step in the right direction. In Nevada, for example, 1 out 
of every 165 homes was in foreclosure in February. Can you imagine 
that, 1 out of every 165 homes. That is the highest rate in Nevada. We 
are fortunate we have a lot of construction that is not housing related 
that is going to pull us through this situation. It is important that 
we move forward on this legislation.
  The underlying bill is a so-called Democratic bill. This bill, if we 
are able to accomplish something, will be a Senate bill. Democrats and 
Republicans can go home and take credit for doing something to help the 
problem.
  Are we going to be able to resolve all the problems in housing? Of 
course not. But we can make a tremendous step forward, and that is what 
we intend to do.
  I have worked with Senator Shelby from the time we were in the House 
together. We shared office space. His office in the Longworth Building 
was next to mine. I have the highest regard for him. I spoke with him 
this morning. I believe he and the chairman of the committee, Senator 
Dodd, are going to be able to come up with something that I hope I can 
support, but it is going to be bipartisan. They are going to agree on 
this and offer it as the first amendment when we get to this 
legislation. If something goes wrong, if someone is being mischievous 
about that legislation, Senator McConnell and I will meet again.
  The goal is to do something about housing. We are not going to solve 
the problems of Iraq on this bill. We are not going to solve the tax 
policy of this country on this bill. We are not going to solve global 
warming on this housing bill. But we need to do something the American 
people recognize is bipartisan as it relates to housing, and we are 
going to do everything we can.
  I believe the time has come for us to start legislating and stop 
talking about the need to legislate.
  Mr. President, a vote has been called for 2:30. If there is someone 
else who wishes to speak, they certainly have the opportunity for the 
next few minutes.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. DODD. Mr. President, I thank the distinguished majority leader 
and

[[Page 4593]]

the Republican leader, as well, for their efforts. I thank Senator 
Shelby, who is not here. We will do our very best over the next number 
of hours to pull together a package that reflects----
  Mr. REID. Will my friend yield?
  Mr. DODD. Yes.
  Mr. REID. One of the points I did not talk about with the 
distinguished leader is that I think it would be appropriate that we, 
after the vote is completed, go into a period for morning business 
until 12 o'clock noon tomorrow to see, if, in fact, we can get the two 
distinguished Senators to come up with a substitute. We need some 
deadline. That is as good as any, unless my friend has a better time 
tomorrow.
  Mr. McCONNELL. Mr. President, I say to the majority leader, that 
makes sense. I am convinced we are all operating on good faith and 
Senator Shelby and Senator Dodd will work hard to come up with a 
proposal they will come forward with.
  Mr. REID. During this afternoon and in the morning, people can talk 
about housing or anything else they want. We will be in a period for 
morning business.
  Mr. DODD. Mr. President, I thank the leaders. That will be our goal 
and job, to begin that process immediately. We will keep the leadership 
informed as it progresses. We all thank the two leaders immensely. I 
thank Senator Reid for his efforts going back months ago. This is a 
problem that is growing by the hour. It demands our attention. This is 
the contagion effect we read about now spreading far beyond the housing 
issue, per se. It is now leaching into all aspects of our economy. It 
has even gone beyond our shores, obviously, to other nations that are 
deeply affected by what happens here economically. This is a moment 
when we have to come together as a body and come up with some 
responsible answers.
  I will say in advance that none of us can say with any certainty that 
which we offer will solve the problem, but I think we bear an 
obligation to try, to do one thing that is more important than any 
specific idea we proposed, and that is help restore the confidence of 
the American people and those directly involved in the financial well-
being of our Nation and that is to restore confidence, which is 
missing; we need to get that confidence back. The very fact our leaders 
have called upon us to pull together is going to be a confidence-
building measure. It will be complemented by what we do, but it begins 
with the offer made by the distinguished majority leader, accepted by 
the Republican leader, that we sit down and try to work this situation 
out.
  I can tell you in advance that the American people will react 
favorably to this effort, and hopefully we will offer a product that 
will complement that effort but beginning with the idea we will work on 
this problem together. That I commend the majority leader for. I thank 
the Republican leader as well.
  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.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                             Cloture Motion

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

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the motion to 
     proceed to Calendar No. 340, H.R. 3221.
         Harry Reid, John D. Rockefeller, IV, Russell D. Feingold, 
           Max Baucus, Charles E. Schumer, Kent Conrad, Patty 
           Murray, Amy Klobuchar, Jeff Bingaman, Richard Durbin, 
           Mark L. Pryor, Carl Levin, Edward M. Kennedy, Patrick 
           J. Leahy, Bernard Sanders, Debbie Stabenow, Byron L. 
           Dorgan.
  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call is waived.
  The question is, Is it the sense of the Senate that debate on the 
motion to proceed to H.R. 3221, an act 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, shall be brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton), 
the Senator from Hawaii (Mr. Inouye), the Senator from New Jersey (Mr. 
Lautenberg), and the Senator from Illinois (Mr. Obama) are necessarily 
absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Arizona (Mr. McCain).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 94, nays 1, as follows:

                      [Rollcall Vote No. 86 Leg.]

                                YEAS--94

     Akaka
     Alexander
     Allard
     Barrasso
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Burr
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johnson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     Martinez
     McCaskill
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Sanders
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Thune
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--1

       
     Bunning
       
       
       

                             NOT VOTING--5

     Clinton
     Inouye
     Lautenberg
     McCain
     Obama
  The PRESIDING OFFICER. Upon reconsideration, on this vote the yeas 
are 94, the nays are 1. Three-fifths of the Senators duly chosen and 
sworn having voted in the affirmative, the motion is agreed to.
  Mr. LEVIN. 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.
  Mr. CARPER. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER (Mr. Sanders). Without objection, it is so 
ordered.
  Mr. CARPER. Mr. President, we have just concluded a 2-week recess. We 
have come back to the Capitol, rested and prepared to get to work on 
the Nation's business. At the top of the list for most people, at least 
based on what I heard in my State and likely what Senators have heard 
from coast to coast, is the desire for us to get to work on the 
economy. There are other concerns--the war in Iraq, the cost of health 
care, the list goes on--but at the top of the list is the economy, 
harking back to the Clinton campaign in 1992: ``It is the economy, 
stupid.'' It has been for a long time, and it certainly is again today.
  During the time I spent in Delaware, I visited a lot of places, 
including a number of schools. One of the questions a group of young 
people asked me was, what did I like most about my job. There are a 
number of things I enjoy about serving in the Senate. I love helping 
people. We have the opportunity to do that through constituent services 
and other ways every day. That is a source of great satisfaction. I

[[Page 4594]]

know it is to the Presiding Officer and others of our colleagues. Among 
the other things that bring me great joy is from time to time we are 
able to take folks who have different views on a particular issue and 
actually pull them together to work as one, to develop consensus around 
issues.
  We need to develop a consensus on a path forward with respect to the 
housing situation, the meltdown we have seen, especially with subprime 
mortgages and the threat that meltdown poses to binding together, 
tightening up and bringing to a halt the flow of money through our 
economy, through the banking system.
  I am encouraged by the vote we just had where 94 Senators voted to 
proceed to the housing bill. Our Democratic leadership has pulled back 
and said: We will not try to push forward with five or six actually 
very constructive elements in an earlier version of our proposal but 
provide time for Senator Dodd and Senator Shelby to work with others on 
the Banking Committee and other colleagues who are not on the committee 
to put together a broader consensus that builds on the package we voted 
not to proceed to 2 weeks ago. We can do those but more as well.
  Let me express my hope that the elements of the package Senators Dodd 
and Shelby bring back to us include the ability for housing authorities 
to issue revenue bonds, the proceeds of which could be used to help 
folks refinance their mortgages, people in danger of losing their 
homes. I am not interested in rewarding bad behavior, in rewarding 
investors or bankers who made bad decisions or, frankly, individual 
borrowers who made decisions that were inappropriate or wrong, where 
they misrepresented their financial standing. I don't think we want to 
reward bad behavior. But there are a lot of people in danger. We have 
some 8,000 people who will have their homes foreclosed on today, 
tomorrow, the next day, and the next. That is a clear signal to me we 
need to do something.
  We can do some things that will make a difference without breaking 
the Treasury. Let me mention a couple elements of what I hope will be 
in the housing package that we might bring back to the floor. One of 
those is FHA modernization. Some people recall 75 years ago the Federal 
Housing Administration was established.
  People wonder where the 30-year fixed rate mortgage came from. It 
came from FHA. A lot of people own a home today because their loan was 
guaranteed by the FHA. My first home loan was guaranteed by the VA for 
the house I bought when I came back from Southeast Asia at the end of 
the Vietnam war. Not even 10 years ago, but 5, 10 years ago, almost 20 
percent of the people in this country got a mortgage that was 
guaranteed by the FHA. As recently as last year, that number is down to 
5 percent. The FHA oftentimes has helped to insure mortgages of people 
who have a questionable credit rating, people who were maybe a first-
time home buyer for whom a lot of banks were reluctant to provide a 
mortgage without the guarantee that maybe an FHA or a VA would offer. 
But FHA-guaranteed mortgages dropped from almost 20 percent of all 
mortgages a half dozen or more years ago, down to about 5 percent 
today.
  The drop between 20 percent or whatever it is down to 5 percent 
reflects the number of people who used to go to FHA for help, who today 
or in recent months and years have instead taken advantage of these 
adjustable rate mortgages that have low teaser introductory rates that 
reset after a couple years, that have a clause in them that makes it 
difficult, if not impossible, or at least very expensive, to refinance 
the mortgage. Those people are stuck. There are a couple of million of 
them who have been stuck with adjustable rate mortgages, high teaser 
rates that are going up, and finding it difficult to get out of that 
situation. For those folks who have been in that situation, maybe 
people with somewhat marginal credit, people who are first-time home 
buyers, I don't want them to look for adjustable rate mortgages for 
salvation. I want them to see the FHA as relevant in their lives.
  What we need to do is bring the FHA into the 21st century to make it 
relevant to today's borrowers' needs.
  Senators Dodd and Shelby have been working with Representatives Frank 
and Baucus on legislation we passed in the Senate. The House has passed 
FHA modernization legislation. I think they are close to consensus. My 
hope is we can find consensus. And when we take up later this week, 
hopefully, a bipartisan housing recovery bill, a centerpiece of that 
will be FHA modernization. We ought to do that. It is something we all 
agree on, Democrats and Republicans, the President, and, frankly, a lot 
of people around the country, borrowers and lenders too.
  The second piece that ought to be in this package will be the 
authorization that we would provide for housing authorities throughout 
the country to issue mortgage revenue bonds, tax exempt revenue bonds, 
the proceeds of which could be not only used for first-time home 
buyers, not just for multifamily housing, affordable housing, but also 
could be used to provide moneys to help people refinance their 
mortgage, people in some jeopardy. The administration supports that 
idea. Secretary Paulson testified before our committee in favor of that 
idea. It is part of the Democratic package that we sought to bring to 
the floor 2 weeks ago. It ought to be part of the consensus package 
that we will take up later this week.
  There are any number of other good ideas that hopefully will be part 
of the package. Senator Jack Reed from Rhode Island has a very good 
idea that seems to be acceptable on a lot of fronts, to provide for 
greater transparency for borrowers as people go to the credit markets 
to look for mortgages, to make sure they know what they are getting and 
get a good deal, a fair deal.
  Senator Martinez and Senator Feinstein have a proposal. I believe it 
is one that deals with the appraisals, to make sure the appraisals that 
back up the homes that are being bought or sold are actually real and 
not just an appraisal put together, pulled out of thin air because 
somebody drove by a house and slapped a value on it by looking at it 
through a windshield.
  I think Senator Martinez has another good idea with respect to 
licensing mortgage brokers. It may not be perfect and is something that 
can be worked on further, but something along those lines should be 
part of this package.
  Senator Isakson has an idea and is actually something I think was 
done maybe when President Ford was President. Senator Isakson's idea is 
if you have a home--let's say all 100 desks in the Senate Chamber are 
all homes. There is one for each Senator. Maybe this home right here is 
in foreclosure, and it is blighting the value of this home and that 
home and those homes all around it. The folks in this neighborhood 
would love to have somebody come and live in this home, somebody who is 
going to take care of that property and maintain that property but also 
help to maintain the value of the other properties.
  What Senator Isakson does is provide a tax credit--I think he is 
saying $5,000 per year--for somebody who comes in and not just buys 
that home but lives in that home as the owner and the occupier. To the 
extent they do that, they get a $5,000 tax credit. He suggested we do 
that over 3 years, which would mean $15,000 for 3 years. That could be 
pretty expensive. I have suggested to him we try to find a way to bring 
down the cost of his proposal. My hope is we can do that and include 
that in the final bill we come up with.
  Another idea that has merit is to increase somewhat the appropriation 
for community development block grants and to say to State and local 
governments they can use some of the proceeds from this money to take a 
home that is in foreclosure and do something to prepare it to be sold 
and to restore the value of that home and to restore the vitality of 
the neighborhood in which it is now decaying.
  In short, there is no shortage of good ideas. Some of them are 
authored by Democrats and offered by Democrats, and in some cases they 
are authored and offered by our Republican colleagues. In some cases 
they are ideas that enjoy bipartisan support. At the

[[Page 4595]]

end of the day, together they fashion a pretty good package that will 
help make a real difference, and a difference in not a couple years but 
literally in a couple of months.
  The last thing I would say is, one of the more controversial 
provisions in the package that came to us actually last month from our 
Democratic leaders is a provision dealing with bankruptcy and would 
extend to bankruptcy judges the ability to go in and not only adjust 
interest rates on mortgages for homes that are in foreclosure or about 
to go into foreclosure but also to adjust the amount of the mortgage 
itself.
  That has caused a lot of concern about the chilling effect it may 
have on interest rates for primary homes in the future. I give Senator 
Durbin credit. He has tried to amend his earlier proposal to address 
the concerns--the legitimate concerns--that have been raised. I think 
he has acted in good faith. I know Senator Specter has a little 
different proposal on this approach. I think Senator Dodd has been 
working along with Representative Frank over in the House on kind of a 
variation of an earlier idea suggested, I think, by the head of the 
Office of Thrift Supervision--the folks who supervise the savings and 
loan industry--to try to make sure we address the issue of a homeowner 
whose home is not in foreclosure but whose mortgage is underwater.
  I will give you an example. You have a home that has been bought for 
$200,000. Today the home is worth $160,000, and the person who owns the 
home is thinking about literally walking away from their mortgage, 
walking away from their home. You can do that today for about $1,000, I 
am told, working through a company that will help you walk away from 
your home mortgage. The person who walks away becomes a renter, and the 
obligation they have to continue to have to pay the mortgage goes away. 
You end up with a home that is in foreclosure. The banks do not want to 
be stuck with those properties. The folks in the neighborhood of the 
home being foreclosed on do not want that to happen in their 
neighborhood.
  I think Senator Dodd and Representative Frank have a very 
constructive idea--not a perfect idea but a good idea--that can go 
forth. It requires some sacrifice on the part of the lenders. It 
requires some sacrifice and give on the part of the borrowers. But it 
also leaves them a home in the end, at least, where they still have a 
little bit of equity and a good reason not to walk away from their 
home, triggering a foreclosure.
  The last thing I will mention--this is an idea that is not new, but 
we have been hearing testimony about this for a couple years--we have 
three major Government-sponsored enterprises, not counting Ginne Mae, 
but three major Government-sponsored enterprises whose job it is to 
help raise money and to provide liquidity and safety for the housing 
market in this country. One is Fannie Mae, another is Freddie Mac, and 
the third is a little bit different kind of an animal called Federal 
home loan banks. There are about 12 of those throughout our country.
  The way we buy homes has changed a whole lot over the years. When I 
bought my first home in Delaware, I went to a bank. They agreed to make 
the mortgage. I borrowed the money. I think it was about $40,000. They 
borrowed the money and they held my mortgage. They held my mortgage, 
and every month they would send me a statement, and I would send them a 
check to make my payment. They held the mortgage for years and years 
and years.
  It does not work that way anymore. Today you go to your local thrift 
or bank, and they make a mortgage to help a person buy a home, and the 
bank may decide to hold the mortgage. They may decide to service the 
mortgage. But in most cases, they don't. In a lot of cases they turn 
around and they sell the mortgage to Fannie Mae or Freddie Mac. Fannie 
Mae and Freddie Mac are huge financial institutions. They package these 
home mortgages together from all kinds of financial institutions that 
originally made the mortgages from across the country, and they put 
them together into investments called mortgage-backed securities, and 
those mortgage-backed securities are sold to investors all over this 
country and all over the world.
  The problem with the mortgage-backed securities is when you have a 
drop in home values, you have a problem with homeowners, borrowers not 
making their mortgage payments. When you have a problem with the 
underlying homes that make up these mortgage-backed securities going 
into foreclosure and mortgage payments not being collected, the value 
of those mortgage-backed securities drops. The companies, the investors 
who are holding those mortgage-backed securities are getting into 
trouble, and we have a situation where liquidity in our banking system 
begins to dry up.
  When the liquidity in the banking system dries up, two things can 
help start a recession. One of those is that when people think we are 
going into a recession, it can be a self-fulfilling prophecy because 
people stop spending money. They stop spending money and, lo and 
behold, we have a recession. Another way we have recessions is that the 
banking system stops working. They stop making loans. Liquidity is sort 
of like the blood in our veins. The liquidity goes away in our 
financial systems and our economy. That is part of what we face today.
  The two entities that do the most in terms of trying to make sure we 
continue to have liquidity in our banking system are Fannie Mae and 
Freddie Mac when they buy these mortgages from banks that have made 
mortgages to individual borrowers. Then they package these mortgages. 
Sometimes they sell them around the world. Sometimes they hold those 
mortgage-backed securities in their own portfolio. In some cases, the 
folks at Fannie Mae or Freddie Mac, I guess, actually hold individual 
mortgages for a while. They do some of that as well.
  The problem with Fannie Mae and Freddie Mac is, they have run into 
trouble in the last couple years because they do not have a very strong 
regulator. They do not have a strong, independent regulator. We have 
held many hearings for a couple years trying to figure out how we 
provide a strong, independent regulator and at the same time make sure 
Fannie Mae and Freddie Mac do not repeat the sins and mistakes of their 
past few years. How do we do that in a way and at the same time create 
an affordable housing fund much as we have with the Federal home loan 
banks?
  My hope is--if not in this package that is, hopefully, going to 
emerge from these discussions in the next day or two--in the next week 
or two, maybe month or so, the Banking Committee can move together and 
report out a consensus package on regulatory reform to provide a 
strong, independent regulator for Fannie Mae, Freddie Mac, and the 
Federal home loan banks. That would be another good thing for our 
country and for those of us who want to buy homes and sell homes.
  Let me close with this: Going back to the beginning of the year, as 
our economy started to slip into what may be a recession--and we will 
find out in another quarter or so if it really has been a recession--as 
we began to slip, the Federal Reserve, actually starting last fall, 
began to use its monetary powers, first of all, to lower the Federal 
funds rate--the rate at which banks charge one another for lending 
money between themselves at the end of every day--they started lowering 
the Federal funds rate rather dramatically--in fact, more dramatically 
than I have ever seen in my life.
  The Federal Reserve has made it possible to encourage more banks, 
more financial institutions, regular financial institutions, and even 
investment banks to come to the discount window to borrow money to meet 
their problems. The Federal Reserve has gone so far as to even help 
make possible for JPMorgan Chase to come in and take over Bear Stearns 
so it would not collapse into bankruptcy and trigger maybe an even 
worse situation.
  While the shareholders of Bear Stearns have taken a shellacking--I 
think they ended up getting about $2 per share for their stock; Bear 
Stearns'

[[Page 4596]]

stock had been valued at over $100 not long ago--the shareholders took 
a loss, but at least it did not cause sort of a domino effect in a 
failure of our financial system. The Federal Reserve has been involved 
in that.
  The Federal Reserve has been willing to take from financial 
institutions their mortgage-backed securities and replace them with 
Treasury securities to put some liquidity back into the banking system. 
The Federal Reserve has been terrific. It has been very helpful in 
terms of putting liquidity back into the system but also raising the 
confidence of consumers, the confidence of our constituents, and us 
too. So that is one that has happened.
  The second thing we have done, Congress and the President working 
together, is we have agreed, about 2 months ago, upon a stimulus 
package. Is the stimulus package one I would have written or maybe the 
Presiding Officer would have written? Probably not. But on balance, it 
does more good than bad, and we expect to see a boost in our gross 
domestic product in the second half of this year of maybe 1, 1.5 
percentage points. That is going to be a nice lift to the economy as we 
struggle to either shorten a recession or to abridge one altogether.
  The third piece that is still waiting to be done--after the Federal 
Reserve has acted in the variety of ways I just described--after the 
effect of this stimulus package begins to kick in, the third thing that 
needs to be done is we need to take up and develop and pass and send to 
the President a consensus housing recovery package.
  The elements I have described already enjoy support, in most cases, 
from Democrats and Republicans, including the administration. A lot of 
the ideas have merit. My hope is we will have, in the next day or two, 
the opportunity to debate those individual proposals. For folks who 
want to amend them, in some cases strike them, in other cases to add 
new provisions, terrific. That is the way this system is supposed to 
work. That is the way this place is supposed to work.
  My hope is in a very short while we will be gathered on this floor 
offering amendments to the package that Senator Dodd and Senator Shelby 
and our staffs are going to be working on to get things going, to get 
things done. The people of my State did not send me here to just talk 
about our problems. They sent me here to do something about them. We 
have a great opportunity to take the next step, I say the third in a 
trilogy of steps, that will help get our economy out of a ditch and 
hopefully head in the right direction.
  The best thing that can happen is we can demonstrate to people in 
this country that Democrats and Republicans, in an election year, can 
set aside our political differences and figure out the right thing to 
do to help stabilize the housing situation and put us on the road to 
recovery. That is going to lift the spirits of a lot of people and give 
our friends in the media a different kind of story to report--not the 
story they report day after day after day, a drumbeat of all the things 
going wrong in this county, but to start reporting some things that are 
going right in this country. As those more positive, uplifting, 
inspirational stories begin to appear, recessions have a way of turning 
into recoveries. That is exactly what we need right about now.
  Mr. President, with that, I do not see anyone else waiting to speak 
on the floor, so I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SCHUMER. Mr. President, a few minutes ago I attended a little 
press briefing with Senators Reid, McConnell, Dodd, Shelby, and other 
members of both leadership and the Banking Committee. It was a very 
good meeting because, at the meeting, Senators Reid and McConnell 
empowered Senators Dodd and Shelby to get together and try to come up 
with a compromise housing package. That is the best news we have had in 
this housing crisis in weeks and weeks. The eyes of America are looking 
at the Senate and saying: What are you going to do about the housing 
crisis?
  Since we last adjourned, we have had a near meltdown on Wall Street. 
Since we last adjourned, new numbers have come out that show thousands 
more are losing their homes weekly. Since we adjourned, we have seen 
buying power is down for the average person and housing values are 
down.
  For most people, housing is their piece of the rock.
  That is their largest asset. When they are worried about their home, 
they are worried about everything. When the middle-class consumer gets 
worried, the economy catches cold, and that is what has happened.
  Yet for weeks and weeks the Senate has been paralyzed in terms of 
doing things about housing. We were very quick--the Fed--to go rescue 
Wall Street, and they were looking down the abyss. I don't think they 
had any choice. I was supportive of that. But I am not supportive of a 
bifurcated policy that says when a major financial company gets in 
trouble, we rush to their aid, but when John and Jane Smith homeowners 
have trouble, we say: You learn. You are a moral hazard. If we help 
you, then everyone else will not repay their mortgages. First, the 
argument is unfair. John and Jane are probably more blameless than many 
of those who undercapitalized Bear Stearns and played it right at the 
edge. Second, this moral hazard argument makes no sense. The statistics 
show that when a homeowner owns his or her home, when a family owns 
their home, they do everything to repay that mortgage. They don't go on 
vacation. They don't buy the new suit of clothes for the kid who is 
starting school. They cut back on what they eat. That nice Friday night 
out at the local restaurant which the family looks forward to goes, all 
so they can pay their mortgage. So this moral hazard argument that if 
we help people who are blameless makes no sense.
  Let me tell my colleagues about a typical person who has suffered 
foreclosure. I met many of them. I actually sat down and talked to some 
of them from New York. So that my colleagues can understand, these 
great thinkers up in their ivory towers, the conservative think tanks, 
who are saying: You better learn your lesson, don't even know what is 
going on. Let me tell my colleagues about Frank Ruggiero. He is a 
retired subway motorman. He lives in Ozone Park, Queens. His income 
is--I should say was, because Frank passed away a month ago, but that 
doesn't have anything to do with the story. Frank had a good pension. 
His union, TWU, provided him a good pension of $28,000. His Social 
Security was $11,000, and he had a nice little house in Ozone Park, a 
working-class neighborhood in Queens, New York City, that was worth--he 
had paid 16 years of a 30-year mortgage. He hadn't missed a payment, as 
most homeowners have not. They pay whenever they can.
  Frank got diabetes. His health care plan would not pay for the 
treatment the doctor said he needed, and he was desperate. So Frank saw 
an ad in the newspaper and it said: ``Get quick cash. Refinance your 
home.'' He called up the number and a mortgage broker came over. This 
mortgage broker is unregulated. He didn't come from a bank. He was an 
independent operator. That is where most of the trouble was, from these 
unregulated mortgage brokers. We are not dealing with that in this 
bill, but we should in a future bill. A bill I have introduced would 
deal with this issue. Anyway, he asked the mortgage broker: Could I get 
$50,000? He said: Yes. And Frank asked the right question. He said: How 
much will my mortgage go to? The mortgage broker said: It will go from 
$1,100 a month to $1,200 in January. Well, Frank thought, I can afford 
that, so he signs the mortgage deal.
  Let me say three things about what happened to Frank. Frank is 
typical--typical. His mortgage did go up to $1,200 a month the next 
January, but the following January, it went up to $3,900 a month. 
Frank's income was

[[Page 4597]]

$39,000. A quick calculation will show that $3,900 a month is more than 
Frank could pay. If he didn't spend one nickel for food, clothing, 
health care, and everything went to the mortgage, he still wouldn't 
have enough.
  Why? Was Frank defrauded? No. On page 37 of this 50-page mortgage 
document, it did say the mortgage would go up, but it didn't say so in 
a language you or I would understand, only that certain things would 
happen after this, that, and the other. I think if you read it--and I 
read it--it was deliberately disguised. So there was no fraud. There 
should have been, but our laws for mortgage brokers don't say it is 
fraudulent to sell somebody a mortgage that is beyond what they can 
pay.
  The second point: Of the $50,000 Frank was supposed to get, guess how 
much he got. He got $5,700. You say: $5,700, how could that be? Because 
in that disguised mortgage document, it said the broker would get a 
commission. What it didn't say is the broker's commission from a 
mortgage company, also unregulated, also not a bank--the higher the 
interest rate the agent got Frank to sign for, the greater the 
commission. If it was a no-document loan, which this was no documents--
another story for another day, and I will be back on the floor this 
week, if we are able to debate this bill, and talk about all these 
things because I have studied this issue and I have been working on it 
for a long time. It was a no-doc loan, an absurd concept; how investors 
bought no-doc loans is again something we have to look at. But he got 
an additional commission for that.
  Then there was a prepayment penalty. If somehow Frank would prepay 
this ludicrous mortgage, there would be a big penalty to prepay. When 
should that ever happen? Those should be outlawed.
  So this guy got $22,000, the mortgage company got points of $11,000, 
way beyond what any bank would charge or would be allowed to charge. 
Between the appraiser, the lawyer, and everyone who came with the 
package, they all took their piece and Frank got $5,700, all because of 
the structure of the mortgage company. You say: Well, what about the 
mortgage broker? He is probably off in the sunset on his yacht with all 
the $22,000 he made from duping the Franks of the world. Where is the 
mortgage company? It is bankrupt. Frank is stuck.
  The third point: Frank was a prime borrower. He had a FICO score 
somewhere around 700. He had paid his mortgage payment religiously for 
16 years. He had never missed a credit card bill. Frank was one of 
those old-fashioned people who believed you pay your bills, so he was a 
prime borrower. Sixty percent of those who have subprime mortgages in 
or about to go into foreclosure are prime borrowers. They pay their 
loans. They are not trying to gyp anybody. It is a disgrace. The sad 
fact is if Frank hadn't answered that ad but had walked into a local 
bank, because they are regulated, they would have said to Frank: You 
need $50,000? Fine. We will sign you a new 30-year fixed-rate mortgage 
and that will cost you $1,500 or $1,600 a month instead of $1,100. That 
would have been a stretch for the Ruggiero family, but they would have 
made it. They would have signed it and he would have gotten his money 
and his treatment.
  What are we saying, that Frank should be punished for what he did? I 
ask some of those ideologues from the think tanks and even from the 
other side of the aisle: What did Frank do wrong? What did Frank do 
wrong? What harsh lesson are we going to impose on the Franks of the 
world, and what will anyone else have to learn from them? So the moral 
hazard argument makes no sense.
  We have to do something. Now, what this bill contains is something 
Senator Brown and Senator Casey and myself and, with Senator Murray's 
help, have been working on for a long time, where somebody on the 
ground today could go to Frank, if Frank were alive, but to people 
similar to Frank, and they could help him rewrite a new mortgage that 
he could repay and he wouldn't lose his home. Now, after 6 months of 
the administration opposing and opposing and opposing, Senators Brown 
and Casey and I, again with Senator Murray's help, were able to get 
$180 million into the omnibus budget bill at the end of last year. 
Guess how much of that has been used. Mr. President, $160 million 
already, after about 6 weeks, 7 weeks since it passed. We need more. To 
me, the most important part of this bill, with a lot of good 
provisions, is the money for the mortgage counselors. Not because it is 
a great, heroic thing to do, not because it dramatically restructures 
our economy--these things are needed--but because it saves people's 
homes. It saves the Franks of the world, their little piece of the 
rock, which they struggled so hard and long to own and to keep. So we 
proposed another $200 million. To be honest, we need $500 million. To 
compromise with the other side--they hate all Government spending, some 
of them--we have said $200 million.
  Then, when the mortgage counselor came around, you would still need 
money to refinance the mortgage. That is why there are provisions for 
mortgage revenue bonds in the proposal. There is also a proposal for 
CDBG money. That seems to raise the ire of some: Government money. 
Well, let me say what the CDBG money will do. The houses that are 
already foreclosed upon and are vacant are cancers on neighborhoods. 
Let's say you are a homeowner anywhere within a tenth of a mile of a 
home that has suffered foreclosure; a vacant home in your neighborhood 
brings the home values down 1 percent, each vacant home. So a totally 
innocent person suffers. No moral hazard here. You could have paid your 
mortgage off and you are hurting because there are foreclosures. What 
this provision will do is allow the State, the local governments, to 
buy up that foreclosed home, fix it up, and sell it. Isn't that a good 
thing or are we again going to stay in our ideological ivory tower and 
say: That is the Government spending money. Of course it is the 
Government spending money. We spend money for soldiers. That is an 
external cost. Foreclosed homes are also an external cost. So this is a 
good package.
  The final provision is a bankruptcy provision which I support and I 
hope will stay in the bill. I know it is controversial. But Senator 
Durbin has wisely modified it. The argument against it is it would 
raise interest rates because people would build in the cost of the 
lower repayment once somebody was in bankruptcy into the original cost 
of the mortgage. So what Senator Durbin did in an effort to compromise 
is actually say it will only apply to existing mortgages, not forward-
looking ones, not ones that are going to be signed tomorrow. So it 
can't affect future mortgages. So these are five good provisions.
  Now, I wish to say to Senator McConnell and Senator Shelby, and I 
think I speak for just about every one of us on this side of the aisle: 
We welcome additions. We welcome discussions. Senator Johnny Isakson, 
of Georgia, has a provision about tax credits for first-time homebuyers 
that might encourage the housing market to get going again. I think it 
is a good provision. I praised him while we were on break. Senator 
Isakson should get to offer his amendment.
  There are many other amendments. Senator Carper worked diligently to 
see that FHA reform comes forward. Senators Dodd and Shelby are close. 
The only disagreement, as I understand it, is over what the limits 
should be. The administration and some of us, including Senator Dodd, 
support $740,000 approximately, and Shelby says $400,000. I cannot 
believe we cannot work that out. I say to Senator Shelby that in places 
such as Long Island, where the average home costs about $450,000, we 
don't even cover half of the homes right now. It was always intended 
that about 80 percent of the homes be covered--not just the very 
wealthy but middle class and down. Hopefully, they can come to a 
compromise on that.
  Anyway, this is good news. I know what happened. Two weeks ago, when 
we proposed the same thing, we were blocked. I talked to some of my 
colleagues on the other side of the aisle who wanted to put a bill 
together. They said there were some who said

[[Page 4598]]

the only debate we should have on this is to reduce the estate tax or 
make permanent the Bush tax cuts. With all due respect, neither of 
those has anything to do with solving the housing crisis, whatever your 
view is.
  Then something happened. We had a meltdown on Wall Street and all 
these new housing figures I mentioned during the 2 weeks we were away. 
I am glad to see that the minority leader and others have now seen, 
hopefully, the price for inaction, the price for a narrow ideological 
commitment--no Government, as our economy goes down the drain.
  I am hopeful, and I pray that the negotiations that are going forward 
right now between the Chair and ranking member of the Banking Committee 
will bear fruit. Let us hope we can spend the rest of this week far 
more productively than we spent the last week here in session. Let's 
hope we can debate housing. Let us hope we can help the Franks of the 
world, who have done nothing wrong and need help. When we help the 
Frank Ruggieros of the world, we help our economy gradually get better.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. ISAKSON. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ISAKSON. Mr. President, I am delighted to come to the floor today 
to praise the Senate for the most recent action in approving the motion 
to proceed on the issue of the day in America, and that is the housing 
crisis, the mortgage crisis, and what has been happening to our 
homeowners, mortgage companies, and our communities.
  I pay particular attention and thanks to Harry Reid of Nevada, the 
majority leader; Mitch McConnell of Kentucky, the minority leader; 
Chuck Schumer; Lamar Alexander; John Ensign; Chris Dodd; Richard 
Shelby; and a host of Members who came together, and instead of 
agreeing to disagree, agreed to agree and set a platform from which 
this Senate, in only the way the Senate can do it, can deliberate the 
most pressing issue of the day.
  I thank them for incorporating and including me in those discussions, 
and I want to share one of the things I shared with them and what I 
think should be a key part of any solution we offer on behalf of the 
housing market and the mortgage crisis.
  One of the good things about getting older--and I am 63--is that you 
have had a lot of experience, hopefully all of it good, but it is not 
all good. I was in the real estate business for 33 years before I came 
to the Senate, and I was in it in 1974 when we went through one of the 
worst housing recessions ever. I was also in it, thank goodness, in 
1975 when a Democratic Congress and a Republican President, Gerald 
Ford, brought forward a tax credit bill to stimulate the housing 
market.
  In 1975, we had a similar problem. We had gone through a period of 
easy credit and lousy underwriting, except it wasn't on the mortgage 
side, it was on the construction loan side. At banks around the 
country, if a guy came into the bank and had a pickup truck and a 
hammer, he qualified as a builder, and he went out and bought a lot and 
started building spec houses. Banks made the loans and even advanced 
some of the development costs. Some A and D lenders would loan 100 
percent of the cost of the acquisition and 20 percent of the 
development--crazy underwriting. It led to a plethora of new houses 
being built but no buyers for these houses. The United States found 
itself in the position of having a 3-year supply of standing new 
inventory on the market and no buyers.
  What happened? Values started declining, grass started growing, and 
vandalism started taking hold on the vacant houses. It was a horrible 
situation. The President and Congress came together and said: Why don't 
we stimulate the market to absorb these houses, get the buyers back 
into buying houses. We passed a $2,000 tax credit to any family who 
bought and occupied as their principal residence a single-family new 
house that had been built, not a resale or any other house, but a 
single-family new house that had been built and standing in inventory.
  We passed that $2,000 credit which, to give some idea of perspective, 
was about 8 percent of the value of an average house at that particular 
time in the marketplace. What happened is overnight, buyers sitting on 
the sidelines came out. They bought the standing houses that had been 
vacant and unseen for months. Housing values stabilized and began to go 
up, the economy turned around, and we went out of a recession, into 
prosperity, absorbed the inventory, and we did not bail anybody out. We 
just motivated homebuyers to do what they do best, and that is buy the 
designated houses which were the problem.
  Two months ago, I introduced a similar bill based exactly on that 
experience, except instead of $2,000, it was a $15,000 tax credit 
earned over 3 successive years, the first 3 years after the purchase, 
of any one of a category of three types of houses:
  Category No. 1, a new house built unsold, vacant, and permitted prior 
to September of last year. Any builder in America who permitted a house 
before September of last year did so when times were good. There was no 
looming indication we were going to get into the problem we are in now. 
They got caught like a lot of these homeowners and junk mortgages got 
caught, subprime mortgages.
  Second, a house that qualifies is a house that has been foreclosed 
upon, the foreclosure has been adjudicated, and it is owned by the 
lender or the lender's designated agent. That is a standing vacant 
house foreclosed on and up for resale.
  The third category is any house in foreclosure pending adjudication. 
That means it is being advertised, a foreclosure notice has been 
posted, and the house will be foreclosed on but has not yet.
  Any one of those three types of houses, which is where the growing 
inventory is, will be eligible for the buyer to earn a $15,000 tax 
credit allocated over the first 3 years in which they occupy the home. 
If it is a speculator in foreclosure, it does not qualify. If it is a 
speculator who is trying to buy, they don't get the tax credit. This is 
to stimulate houses being bought that are in trouble, owner occupied by 
principals who bought those houses, and it qualifies for people who 
will buy those houses, refinance them, pay off the loan, and live in 
them as their residence.
  What is going to happen, if the Congress is able to come together and 
pass a tax credit proposal such as that, is we will instantly stimulate 
the housing market and the marketplace, and the consumers will begin 
absorbing the standing inventory that is in foreclosure or pending 
foreclosure or is new and has been sitting since September of last 
year. That is precisely where the problem is. That is precisely what 
needs to be absorbed.
  There are a few people who said: What about people who have been 
making their payments and are not in trouble; why don't you get the 
credit for buying their house if they want to sell it? That is not 
where the problem is, No. 1. No. 2, they are suffering from all these 
vacant houses being out there as well because housing values are 
declining, appraised values are declining, equities are shrinking, and 
equity lines of credit are drying up. We need a focused, targeted 
absorption vehicle to see to it that the buying public solves our 
problem for us. That is the right way to do it.
  One other feature of the proposal is the tax credit will only be 
available and able to be earned on a purchase of a designated property 
made between April 1, 2008, and March 31, 2009--a 1-year window of 
opportunity. That creates the urgency of the situation, it motivates 
people to get into the marketplace or lose that opportunity, and it 
will be a significant catalyst to the marketplace, solving a 
significant problem for the United States of America.
  I encourage my colleagues on the Banking Committee. I appreciate 
their consideration of this proposal and this

[[Page 4599]]

concept. I hope that when the bill comes to the floor either in the 
base bill or in the amendment process, we can address a past solution 
that worked and add it to a contemporary problem that was identical to 
what the problem was in 1974 and 1975.
  I end where I began. I thank my Democratic friends and my Republican 
friends who came together and decided to make something work rather 
than figure out how we can just be against one another. Senator Schumer 
has been a catalyst in this effort, Senator Ensign, Senator Alexander, 
Senator Reid, obviously, Senator Dodd, and Senator Shelby. I pay 
tribute to Senator Tom Carper who talked with me over weeks about the 
proposal I just discussed and finding some way to bring it to the floor 
of the Senate and get it out there so we can address the problems that 
exist in Delaware, Missouri, Georgia, Nevada, and in all the 50 States 
over the United States of America.
  I am privileged to be the author of the amendment. I will be proud to 
be part of a team that does not want to take credit but wants to get 
something done, put together a bipartisan bill that addresses the most 
contemporary problem today in the United States of America, and that is 
the housing crisis.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER (Mrs. McCaskill). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. INHOFE. Madam President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. INHOFE. Madam President, I ask for the regular order. Are we in 
morning business?
  The PRESIDING OFFICER. The Senate is considering a motion to proceed 
to the housing bill.
  Mr. INHOFE. I ask unanimous consent that I be recognized for up to 20 
minutes as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                                 Africa

  Mr. INHOFE. Madam President, on February 6 of 2007, the 
administration announced their intention to create a new unified 
command, the United States African Command, or AFRICOM. The U.S.-Africa 
command is a partnership between military and civilian communities that 
will focus on existing programs such as the training of peacekeeping 
forces that enable African nations and regional organizations to 
improve security on the continent. The National Security Adviser, 
Stephen Hadley, said:

       AFRICOM is a command that would be established for Africa . 
     . . It would be a partnership, really, between military and 
     civilians, and its principal focus would be to continue some 
     of the activities that we are already doing to try and train 
     peacekeeping forces so that countries in Africa and regional 
     organizations in Africa can take more of a role in dealing 
     with the conflicts and the problems on the continent.

  It is ironic that we have these COMs, these commands all over the 
world. Yet Africa is divided into three commands: the Pacific Command, 
the European Command, and the Central Command. Africa has now become, 
in my opinion, the most significant continent that we need to pay more 
attention to.
  I think I am uniquely qualified to talk about this. Two days ago, I 
made my 97th African country visit. The last country we were in this 
last week--there were some five countries--was Ethiopia, a very 
significant part of it.
  I also started my efforts in Africa long before we had a lot of 
military interest in Africa. Mine was more of a mission type of thing. 
I became very familiar with all of Africa. I now have had an 
opportunity to sit down and visit personally and develop intimate 
relations with the Presidents of some 28 African nations, their 
Parliaments and many of the leaders there.
  As a matter of fact, I was in Ethiopia 7 years ago, when we came upon 
a little girl. She had nothing. The little girl was an orphan. She was 
3 days old. She wasn't healthy--didn't look like she would live at all. 
They put her into an orphanage, where they did the very best with what 
they had. Like so many orphanages, she was actually put in a bucket. 
They had this cute little girl in there, feeding her intravenously 
through her scalp at the time.
  Anyway, there is a long story that goes with that, but the short 
version is my wife and I have been married 48 years and have 20 kids 
and grandkids and one of our daughters, Molly Rapert, had only boys. 
She wanted a little girl so she adopted this girl. This is my adopted 
African granddaughter.
  It is kind of funny. She was found abandoned as an orphan in Addis 
Abba, in Ethiopia. Yet this little girl has turned into quite a genius. 
In fact, 3 weeks ago at the National Prayer Breakfast I was in charge 
of the African dinner. I say to the Presiding Officer, this little 
granddaughter of mine was the speaker that night--7 years old. I have 
more than a passing interest in Africa. It is a family interest too.
  During my time on the continent, I have seen the significant and 
strategic place in the world that Africa holds because of the sheer 
size of Africa. People don't realize, if we go from Mauritania to 
Ethiopia, east to west, it takes 7 hours flying. If you go from north 
to south, from Cape Town up to Algeria, it is 9 hours. It is a huge 
continent.
  The rest of the world is now realizing its importance. I think our 
timing is very good. It is only a year ago that we embarked upon this 
idea that we were going to be holding up Africa and supporting it. A 
lot of people don't realize the significance of Africa, that Africa is 
the area where, as the squeeze takes place in the Middle East on 
terrorism, a lot of it goes down through the Horn of Africa, through 
Djibouti and that area, and spreads out throughout Africa.
  Other countries are realizing how important it is. They are doing 
something about it. The new French President, Sarkozy, said during a 
recent trip to South Africa that Africa should have at least one 
permanent seat in the U.N. Security Council and that France would no 
longer accept major world affairs being discussed without a leading 
African country being involved.
  There are many countries, such as China, expanding influence in 
Africa. I can tell you that, as you go through Africa, anything that is 
new and shiny--a bridge, a colosseum, anything such as that that is 
given to them by China. China is trying to get a foothold there.
  China has the same problem in its dependency on outside sources for 
oil as we do. They are beating us to some of these areas in Africa. 
Huge reserves are being developed in Africa. All that is very 
significant.
  Currently, over 700 Chinese state companies conduct business in 
Africa, making China the continent's third largest trading partner. The 
United States and France are first and second.
  I have also seen, in my many travels to Africa, the great strength 
and perseverance in the African people, in their fight to overcome 
great obstacles such as HIV/AIDS, malaria, poverty, wars. In order to 
achieve security and stability, we have to work to eliminate the root 
causes of poverty and poor governance. Fighting terrorism in the region 
has become critical. Examples of terrorism we remember--it was not too 
long ago the bombings of our embassies in Tanzania and in Kenya and 
more recently the bombings in Morocco and Algeria. African countries 
have become more vulnerable as al-Qaida has infiltrated into the Horn 
of Africa.
  As the surge is working--yesterday after leaving Africa, I went to 
the European command and looked at the progress we are making. We were, 
yesterday afternoon, in Iraq. Good things are happening there. The 
surge is clearly working. As the surge works, what happens is, as I 
described, a lot of the terrorist activities go down into the most 
convenient place and the most vulnerable and that is the continent of 
Africa.
  It has been reported terrorist networks in Somalia and Eritrea work 
together, increasing their capability. If you go into northern Uganda--
this is something very few people know about. Everyone knows about the 
problems in the Sudan and many of the other areas

[[Page 4600]]

of Africa. But how many people know the children's Army being developed 
by a man named Joseph Kony. The LRA, the Lord's Resistance Army, for 30 
years now they have been taking kids out of villages, little 11-, 12-, 
13-, 14-year-old kids, teaching them to be soldiers. Once they learn to 
be soldiers, they have them take an automatic weapon and go back to 
their villages and murder their family. If they don't do this, they 
maim them, they cut their ears and lips off. This has been going on for 
a long time. These horrible things are going on, and a lot of that is 
because we, the free world, have not given our attention to Africa that 
we should have a long time ago. We see the conflicts in Kenya taking 
place right now, the young democracy that has unfortunately exploded 
into tribal conflict. More than 1,000 people after the December 
election were killed. Last month, there were 500 European Union troops 
who were sent to protect Chad's capital from being taken over by the 
rebels; 3,700 EU troops are presently protecting thousands of refugees 
along Chad's border with Sudan as well as the neighboring Central 
African Republic. In February, the United Nations ordered its regional 
force to withdraw to Ethiopia after the Eritrean Government cut their 
field supplies.
  Let's keep in mind it was Eritrea, when we had the problem in 
Somalia, that went down and sided with the terrorists. It was, of 
course, Ethiopia that joined us, as well as other countries such as 
Uganda and Burundi.
  The United States has a long history offering support, helping 
establish security on the African Continent. Thomas Jefferson was the 
first President to send American troops to the coast of Africa to ward 
off the Barbary pirates plaguing the Mediterranean and threatening the 
security of Europe and the new colonies. This is kind of funny. That 
was Thomas Jefferson. Today the same thing is happening in the Sea of 
Guinea. They have new discoveries of oil so there is pirating going on, 
and we are over there trying to help the surrounding countries defend 
themselves. This command is going to go a long ways toward doing that.
  We continue to support African nations in the area for security and 
stability and health and education initiatives. In 2003, the United 
States helped to bring stability to Liberia. In Djibouti, the Combined 
Joint Task Force for the Horn of Africa has been involved in 
developmental activities, including building schools and digging wells. 
I have had occasion to be in Eritrea several times. It is probably the 
least known country in Africa. It is becoming better known because of 
all the atrocities that are taking place there. The administration 
recently pledged $15 billion through the President's emergency plan for 
AIDS relief and significantly is contributing to the fight on AIDS.
  People complain: Why are we spending money to help Africans on HIV/
AIDS? That is their problem. They are dealing with their problems 
themselves.
  I had occasion last week to be with the First Lady of Zambia. The 
First Ladies all throughout Africa are the ones who are doing the most 
to combat HIV/AIDS. The First Lady of Zambia has put together a group 
of First Ladies who are significantly having an impact. President 
Gbagbo's wife Simone in Cote d'Ivoire is very actively attacking the 
problem there. Janet Museveni in Uganda has been honored in the United 
States for her work on HIV/AIDS. Most recently, the one I think is 
really doing the best job is the wife of the Prime Minister of 
Ethiopia. Prime Minister Zenawi's wife Azeb is heading up a group that 
is having great positive impact on HIV/AIDS. So they are helping 
themselves.
  The United States is partnering with African countries in effective 
programs such as IMET. I am on the Armed Services Committee, and it is 
one of the strongest programs we have to develop close relations with 
other countries. It is a military program where we invite the officers 
to come over and get trained with our officers. Once they are trained 
with our officers, that develops a bond that stays there from then on. 
If we don't do it, other countries such as China are willing to.
  We have dramatically improved our train-and-equip sections so that we 
can help commanders in the field train and equip other countries. 
Primarily, my concern is in Africa, and that is happening. Those 
programs are proving to be vital resources by aiding developing 
countries in the professionalism of their militaries.
  Africa is an avenue that the United States can use to aid Africa as 
it continues to grow into a secure democratic continent with a growing 
economy. Africa's challenges, its growing strategic significance, and 
the potential impact of failing states and ungoverned areas on U.S. 
security will require increased emphasis on interagency cooperation.
  Currently, the African Continent is divided between three commands. 
You have the Pacific Command, the Central Command, and the European 
Command. The division of responsibilities has caused problems in 
coordinating activities and creating seams between commands, especially 
in key areas of instability or of conflict. One seam creating 
difficulty lies between Sudan--under the CENTCOM, or the Central 
Command--and Chad, immediately adjoining it, and the Central African 
Republic. The last one is under the European Command. They are right 
next to each other but under two different commands. Bureaucratically, 
it is a nightmare; you can't coordinate activities.
  The recent conflict in Chad and the continuing conflict in Sudan 
emphasize the need for the United States to respond to these conflicts 
and to be unified. As AFRICOM becomes operational, these divided 
responsibilities will no longer exist. It is set up to be operational 
by October of this year.
  We have a great guy who is going to be commanding general. He has 
already been confirmed, GEN William ``Kip'' Ward. Kip Ward's military 
service includes tours all over the world but with a real emphasis and 
interest in Africa. He was confirmed by the Senate in September. 
General Ward has expressed a vision of hope for Africa and for the role 
the United States plays in that vision. General Ward believes in the 
need to address crisis situations before they arise and to address them 
at the microlevel, at the perspective of the individual victim, which 
is critical in bringing about solutions. AFRICOM's aim will be a 
preventative approach on the local level, giving hope in times of 
adversity and a way forward for the future in both security and 
development. General Ward is the right guy for the job. He has stressed 
that the purpose of the command is to enable African solutions to 
African challenges, to support African leadership rather than usurping 
or suppressing African leadership and sovereignty. This is very 
important.
  It was the right military decision for us in the United States to 
become interested in helping Africans develop five African commands. 
These would be north, south, east, west, and central. Only two of the 
locations have been determined right now. But we make it very clear to 
Africa, we are not doing this. We are not the ones who are putting the 
brigades in there. We are helping them to put their own brigades there 
so they can take care of their own problems.
  In Somalia, African countries such as Ethiopia, Burundi, and Uganda 
have sent in troops to help stabilize the government there. We couldn't 
have done that without the support of Africans. The African Union 
troops have recently arrived in the Comoros Islands near Madagascar to 
help its military regain control of an island where a renegade leader 
has declared himself President. The development of the African standby 
brigades is a good example of how we are helping them to help 
themselves.
  So AFRICOM is expected to become fully operational the first of 
October 2008. It is going to be at least temporarily located in 
Stuttgart, Germany. My personal preference would be to have it 
someplace in Africa. Right now, there is some resistance to that, so we 
will keep it in Stuttgart for the time being.
  In fiscal year 2008, Congress appropriated $75 million to the 
command, and in fiscal year 2009, the President

[[Page 4601]]

has requested $389 million. I know this sounds like a lot of money, but 
I can't think of anyplace where we can actually save money more than by 
helping the Africans build up themselves and bring their allegiance in 
to us. We have to support AFRICOM with adequate funding to enable the 
command to be fully equipped to face the challenges they have only in 
Africa.
  I already introduced a resolution that is S. Res. 480. I am joined by 
about 12 or 14 Members. I invite my friends from both sides of the 
aisle who have a heart for Africa and believe in what we are doing to 
join in this resolution. The resolution encourages the Department of 
Defense and the State Department and USAID to work cooperatively with 
our African friends to bring hope to the continent. So often, when you 
try to put together a program such as train and equip, the State 
Department seems to think that the Department of Defense is taking away 
some of its power. It becomes a turf battle. We don't want that to 
happen. It looks as if it will not happen in this case. The resolution 
emphasizes that AFRICOM is expected to support, not shape, U.S. foreign 
policy in Africa so that we would be working together.
  Finally, I encourage my friends in Africa to work together with 
AFRICOM to find solutions to issues facing Africans today. Under 
General Ward's leadership, I believe AFRICOM can provide that hope to 
the people, and I believe that is going to happen.
  I was in a Stuttgart meeting, the first official meeting of a Member 
of Congress with the new African Command or the new AFRICOM. I became 
convinced, looking around the table at all the people, this is the 
first time you see many of the bureaucracies sitting around the same 
table. This didn't happen before because it was not a unified command. 
This unified command will allow that to happen.
  There is no place in the world that needs more attention by us right 
now. When you talk about the war on terror, the next area we will have 
to concentrate on is Africa. By taking these steps now, Africans will 
be prepared to handle their own problems and not have us do it for 
them.
  I am very pleased with the successes we have had. We have been 
talking about a new African Command now for about 10 years. Finally, it 
will become a reality this year.
  We need to encourage a lot of people to start participating, maybe to 
the same level I am participating with the country of Africa. It is a 
beautiful thing that is happening right now. I believe we are going to 
make great progress as a result of the African Command.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Ohio.


                       Honoring Our Armed Forces

                  Staff Sergeant Keith ``Matt'' Maupin

  Mr. BROWN. Madam President, this weekend the Department of Defense 
confirmed the death of SSG Keith ``Matt'' Maupin, an American patriot 
from Batavia, OH, near Cincinnati, who bravely served our Nation in 
Iraq. Sergeant Maupin had been listed as missing and captured for 
nearly 4 years. He went missing on April 9, 2004, after his fuel 
convoy, the 724th Transportation Company, was ambushed just west of 
Baghdad. Since that tragic day, Sergeant Maupin's mother and father, 
his family, have worked tirelessly to locate their son. My prayers are 
with them, those who have endured years of gut-wrenching uncertainty 
and unfathomable heartache. We owe this family a tremendous debt of 
gratitude, not only for their extreme sacrifice but for their 
determination to prevent other parents from experiencing an information 
vacuum when their deployed son or daughter goes missing.
  There are three other soldiers currently missing and captured in 
Iraq. The nightmare is not over for their families. On their behalf and 
in honor of Sergeant Maupin, our Nation must find those soldiers. Time 
must be perceived as the enemy. There can be no pause in the search, no 
ebb in the sense of urgency.
  Upon finally hearing news of their son a few days ago, Sergeant 
Maupin's father said:

       Matt is coming home. He's completed his mission.

  His words echo those of a grateful nation.
  Madam President, for months and months almost every newspaper in the 
country has been filled with stories of the tremendous toll the housing 
crisis has taken on communities across our Nation. My State set an 
unenviable record for foreclosures last year--more than 83,000, 
according to Ohio's Supreme Court. That is more than 200 every day of 
the week--Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and 
Sunday. Every week 1,500 families lose their homes. Almost 4 percent of 
all home loans in Ohio are in foreclosure, the highest rate in the 
Nation. The end is nowhere in sight.
  In Ohio, there are another 120,000 home loans that are delinquent. 
Nationally, one rating agency is now predicting a 50-percent default 
rate for subprime loans made in the fourth quarter of 2006, many of 
which will reset in the fourth quarter of this year. Think about that. 
One of every two subprime loans made in the fall of 2006 will go bad. 
That is not lending, that is gambling with someone else's home.
  In the face of this crisis, the Bush administration has largely taken 
the view that prosperity is around the corner; the Government need not 
do anything; voluntary efforts and market forces will be enough. Last 
summer and earlier in the year, the Bush administration was still 
arguing that the problem was contained. So long as the problem was 
contained to places such as Ohio and Michigan, to Nevada and 
California, the administration was content to do almost nothing. But 
what a difference an address makes. When the problems moved from 
America's Main Streets to Wall Street, the administration sprung into 
action. In a single weekend, the executive branch jumped to rescue the 
investment bank Bear Sterns from bankruptcy. If the Government can leap 
into action to prevent the bankruptcy of a single bank, how can we turn 
our backs on the tens of thousands of Ohio families and the millions of 
American families who need our help?
  Congress must act in the face of this crisis. Majority Leader Reid 
tried a month ago to bring legislation before the Senate that would 
take several steps to help homeowners faced with foreclosures in the 
communities in which they live. We are trying again today. We seem to 
be able to afford to spend $3 billion in 1 week, every week, 52 weeks a 
year, in Iraq, but the President hasn't been able to find $4 billion in 
1 year to help the towns and cities across the country that are being 
gutted by foreclosures. We are able, it seems, from Chairman Bernanke, 
to spend $30 billion buying a basket of mortgages from Bear Sterns that 
JPMorgan wouldn't touch with a 10-foot pole. Why can't we help cities 
rebuild?
  The needs of communities are critical because this crisis has an 
impact far beyond just the people who lose their homes, as big as those 
numbers might be. Whenever a home goes into foreclosure, the value of 
neighboring properties is reduced. In many areas, local vandals move in 
quickly to strip the copper pipe and the aluminum siding from a home. 
Crime goes up just when property tax revenues in these cities are 
plunging and the resources of a city and town are stretched to the 
limit.
  Senator Reid's bill would include some $4 billion in funding for the 
Community Development Block Grant Program, so communities that have 
been the hardest hit could renovate or rebuild or even in some cases 
raze these properties.
  The bill would provide an additional $10 billion to housing finance 
agencies to be used to refinance mortgages, to help first-time home 
buyers, and to create more multifamily rental housing.
  The majority leader's legislation would also provide $200 million on 
supporting the efforts of nonprofit agencies across the country to 
counsel homeowners on how to work with a lender to stave off 
foreclosure.
  We have great neighborhood counseling organizations in Columbus and

[[Page 4602]]

in Toledo and in Dayton and in Cincinnati and all over my State.
  This is no easy task. Once upon a time, you took out a loan with your 
local bank to buy a home. If I borrowed money from a local bank, the 
banker had just as much interest in my paying down my loan, my staying 
up to date on my loan, he had just as much interest as I did in making 
sure I paid my mortgage. You knew the people at the bank. They knew 
you. You had that kind of relationship.
  Today, especially for subprime loans, that is seldom the case. So 
help in navigating the mortgage maze is essential. That is why those 
neighborhood counseling organizations are so important.
  The majority leader's bill would also improve disclosure of the terms 
of a mortgage. In the last year--the last 14, 15 months since I came to 
the Senate--I have held about 95 roundtables in 60 of Ohio's counties 
talking to people about what issues matter to them the most in their 
communities. I heard from one Ohioan after another, from Marietta to 
Lima, from Bryan to Chillicothe, from Zanesville to Youngstown. I have 
heard from one Ohioan after another who never understood the real risks 
and dangers of the mortgages that were sold.
  Senator Reid's bill also provides bankruptcy judges the ability to 
modify the mortgage on a primary residence in the same way that a judge 
can today with a vacation home or investment property or even a boat.
  We know lenders and their servicers cannot keep up with the flood of 
foreclosures they are facing. Much has been made of the number of loans 
that have been changed as a result of voluntary efforts. I do not 
discount those efforts at all. But tacking late fees and penalties on 
the back end of a loan does not do much to help a family make their 
monthly payment.
  One woman who called me reported a loan modification that reduced the 
interest rate on her loan from 11 percent to 10 percent. With the late 
fees and penalties folded in, her monthly payment barely budged.
  Modifications like these are simply not going to help. It is 
essential that we permit the bankruptcy courts to serve as their 
backstop.
  My Republican colleagues apparently think it is OK for a bankruptcy 
judge to modify the mortgage on a multimillion-dollar vacation home, 
but it is not OK to provide the same relief to a family facing 
bankruptcy in their $100,000 home.
  When lenders are only recovering 35 cents on the dollar in my State--
it is a little higher nationally; only 35 cents in my State on the 
dollar--on a foreclosed property, I do not think they have anything to 
fear from an alternative process supervised by the bankruptcy courts 
that may result in avoiding foreclosure.
  The bankruptcy provisions are a significant change in our law, to be 
sure. But they are a responsible reaction to some extraordinarily 
irresponsible underwriting.
  I understand the importance of protecting contract rights. But think 
for a minute about the contracts that are in question. The vast 
majority of subprime loans went to refinance homes. They were designed 
to do three things--to generate fees, strip out equity, and quickly 
become unaffordable.
  Do we really want to take the position that these contracts should be 
beyond the reach of a bankruptcy judge? I think not.
  We have much work to do in dealing with this foreclosure issue. Every 
day we delay more than 200 people--more than twice the membership of 
this body--lose their home in my State. They deserve more from us.
  I yield the floor.
  Mr. CORNYN. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Salazar). Without objection, it is so 
ordered.
  Mr. CORNYN. Mr. President, we know Senators Dodd and Shelby are 
working on, hopefully, a bipartisan piece of legislation that will come 
to the floor this week that will help Congress do what needs to be done 
and, hopefully, what will actually work to try to relieve some of the 
crisis caused by the subprime lending credit crunch and the slowdown in 
the housing industry.
  We have all acknowledged this slowdown we have seen in our economy 
over the last few months, and we have resolved to work together to try 
to give the American people the confidence that if there is something 
we can do, we will try to do it in a way that actually works and 
relieves the problem in a bipartisan way. I think, frankly, that is met 
with some measure of relief by people across the country.
  I think we got off to a pretty good start when Speaker Pelosi and 
Republican leader John Boehner and Hank Paulson, the Secretary of the 
Treasury, came up with a stimulus package that passed with strong 
bipartisan majorities.
  I think as much as anything it demonstrated that we are capable of 
acting together in a bipartisan way rather than just engaging in 
gridlock and finger pointing. I hope we will continue along that trend 
as we consider the legislation that Senator Shelby and Senator Dodd are 
working on.
  To me, one of the best parts about the stimulus package we passed was 
the small business bonus depreciation provisions which gave small 
businesses that invested in new equipment an opportunity to write that 
off on an accelerated basis. It provided a great incentive for them to 
purchase that new equipment and hopefully allow them to continue to 
create jobs.
  It is no secret about 70 percent of the jobs created in America are 
created by small businesses. We ought to do everything in our power to 
try to help them continue to generate jobs for hard-working Americans.
  A little earlier today, I had a colleague come up to me and say, 
basically: We have to do something to deal with this crisis. Of course, 
I added: Well, I hope we do something. But more than that, I hope we do 
something good or something that will actually work and certainly not 
something that will actually make things worse.
  Like the medical profession, we ought to consider in the Senate 
taking a Hippocratic oath of our own that first we do no harm because, 
frankly, on the earlier stimulus package, where we believed it was 
necessary to act to give the public confidence--that we could on a 
bipartisan basis--basically we ended up spending about $150 billion to 
do so.
  I think extraordinary measures were called for, but it was with more 
than a little trepidation that I voted for that bill which added to the 
debt, particularly when we are not doing a good job of dealing with the 
deficit in other areas and unfunded liabilities of the Federal 
Government, particularly when it comes to entitlement spending. But for 
the same reason I voted for tax cuts in 2003--which I think helped 
contribute to about 50 months of consecutive job growth in this 
country, and about 9 million new jobs--I think sometimes extraordinary 
measures are called for to help stimulate the economy.
  But I do think the very best stimulus package we could possibly pass 
would be to lighten the tax load on small businesses and American 
taxpayers. It works. We know when people can work hard and keep more of 
what they earn, then it generates not only more income from them and a 
greater incentive to work hard, it also, ironically, generates more 
revenue for the Federal Treasury because more people are working, more 
people are paying taxes, and, thus, it helps us deal with the deficit 
in a way that is constructive by putting people to work.
  But at the end of the day, I think what we need to do this week is to 
make an immediate, palpable difference in the lives of families with 
distressed mortgages. The housing market ought to be our focus and 
helping people with distressed mortgages not have to unload those 
through foreclosure and perhaps lose everything they have invested. 
That is why I would like to

[[Page 4603]]

see the provisions from something called the SAFE Act become law.
  The SAFE Act would expedite the delivery of the full $180 million 
appropriated for foreclosure counseling just last December. And to help 
stabilize the housing market itself, the SAFE Act includes a $15,000 
tax credit over 3 years. This has been proposed by our colleague from 
Georgia, Senator Isakson. I believe Senator Stabenow on the other side 
of the aisle has something similar. But basically what it would do is 
provide a tax credit that would give people an incentive to buy 
existing inventory of new housing or housing that was currently in 
foreclosure proceedings.
  Obviously, our housing market has a big impact on employment, and it 
has a ripple effect on the economy generally. I think this $15,000 tax 
credit over 3 years would provide a powerful incentive for people who 
are in the market to purchase a single family home in foreclosure or a 
new home from existing inventory which now in many cases just sits 
vacant.
  This would make it more affordable for families looking to start 
buying a home and will provide an incentive for people to reenter the 
market in the coming year.
  Finally, to make sure these same problems are avoided in the future, 
we need to focus on increasing transparency and information for 
prospective borrowers.
  I agree with Senator McCain who said we should not be about bailing 
out unscrupulous lenders who made bad loans or people who made the 
mistake of borrowing money they could not pay back, perhaps betting on 
the continuous bubble in housing prices in the housing market. But what 
we do owe the American taxpayer, the American consumer, is transparency 
and information which will allow them to consider--for example, when 
they buy an adjustable rate mortgage--and understand what they are 
getting into. That means letting borrowers know the full details of any 
new introductory rate and payment and what their new adjustable rate 
will be and how much they can expect their payments to be.
  We must ensure consumers fully understand their mortgages and that 
they have a completely free and well-informed choice when it comes to 
their loans. That is the only way I believe we can hope to avoid future 
problems in the housing and banking industries in the future, beyond 
making sure that underwriters don't intentionally loan money to people 
they know can't pay it back. But those have to be resolved on a 
transaction-by-transaction basis, perhaps by the courts.
  The Senate should make sure that any proposal does not produce 
insurmountable challenges to prospective and current homeowners. Too 
often, the work we do in the Senate has the effect of unforeseen and 
unintended consequences. Here again, we should do no harm, and I think 
we should be careful not to cause problems while we are trying to fix 
problems.
  For that reason, I would be hesitant to support any proposal that 
increases the size of the Government's budget at the expense of the 
family budget. I could not support proposals that actually make home 
ownership more expensive, encourage costly litigation, or expand 
Washington programs.
  The Senate should not be making home ownership more expensive for 
working families. That is what I believe, for example, the bankruptcy 
provision would do, which would allow bankruptcy judges to actually 
cram down reduced interest rates, thus devaluing that particular 
financial instrument, which would actually in the long run have the 
unintended consequence of raising interest rates and the cost of 
mortgages. I think every Member of this body can agree the last thing 
the Senate should be doing is making things harder on families and 
making it more difficult for small businesses to grow and create jobs 
here at home.
  When this Senate passed the economic stimulus package, it affirmed 
the basic principle that economic growth is best served through 
taxpayers and people who are earning the money being able to keep more 
of it. It would be incomprehensible to me to now turn around and pursue 
a mortgage plan that would take that money away through bigger 
Government programs or higher costs for homes or mortgages.
  Let me say that in my home State of Texas, we continue to enjoy 
strong job creation. Although there has been a downturn in the housing 
markets, by and large, we are running in a countercyclical fashion to 
much of the rest of the Nation. Our unemployment rate is at a 30-year 
low, and over the past year, Texas has led the Nation in job creation. 
We have accomplished this by some things that are pretty obvious, but I 
think they are worth noting; things such as low taxes, commonsense 
regulation, and an economy based to a large extent on free trade. All 
of these factors give businesses the tools to grow and families the 
stability to live. Not coincident, naturally, it allows or encourages 
job creators and businesses to move to our State, thus creating in the 
last--well, since 2000 about 3 million people have moved to Texas. I 
think people tend to vote with their feet where they find opportunity, 
and I think this formula of lower taxes, less regulation, the right to 
work without having to join a labor union--you can if you want, but you 
shouldn't be forced to do so just to get a job--those, in addition to 
commonsense tort reform and some medical liability reform, which has 
reduced the cost of medical liability insurance some 17 percent, have 
encouraged a lot of physicians to move to our State and has created a 
lot more access to good quality health care. So from my standpoint, we 
kind of know what works, what helps encourage the economy, what helps 
stimulate the economy, and what provides the incentives for American 
workers to work hard and businesses to be attracted to a particular 
State or location.
  I urge all of my colleagues to join me in supporting well-reasoned 
and proven measures such as these, while rejecting other proposals that 
would increase onerous regulation, drive up housing and loan costs, and 
build a barrier between more families and home ownership. We have 
worked well in the past when we have worked together, and I hope this 
week will be yet another example of good work we can accomplish when we 
put partisan politics aside to work out solutions in a way that 
addresses the real problems that face the American people.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Tennessee is recognized.
  Mr. ALEXANDER. Mr. President, I noticed the Senator from Texas was 
talking about all of those people recently moving to Texas. There was a 
point in our history in this country when half of Tennessee moved to 
Texas. In fact, almost every Texan you find has a Tennessee ancestor, 
whether it is Davy Crockett or Sam Houston or some other person.
  I wish to follow up on the remarks of the Senator from Texas and his 
focus on the family budget and his focus on the way this Senate is 
working. Senator McConnell, our Republican leader, has said often that 
in the Senate that process is often substance.
  When I was Governor of Tennessee, I didn't understand that very well 
because the job of a governor is to see an urgent need, develop a 
strategy for meeting the need, and then persuading half the people you 
are right. So I left the process to somebody else and probably didn't 
show as much respect for the process as I should have. When I was a 
university president, I was humbled a great deal and learned a little 
bit more about process. Now that I am in the Senate, I understand even 
more that the Republican leader is a very wise man when he says process 
is often substance.
  So first I wish to comment on the process we saw this afternoon when 
the majority leader, Harry Reid, a Democrat, and the Republican leader, 
Mitch McConnell, stood together with others of us and said we are going 
to work together and try to produce a housing bill. That was a very 
important event to say we'll come together and try to produce a housing 
bill that helps stabilize home values for American families and helps 
restart our economy. All

[[Page 4604]]

it was, was process. Out of this messy situation we have here in the 
Senate, where 100 of us have a right to actually bring the Senate to a 
halt, we had the two leaders form a consensus about process and assign 
two of our more respected Members, the Senator from Connecticut, 
Senator Dodd, and Senator Shelby, the Senator from Alabama, the job of 
coming back to us tomorrow and giving us the next step. The leaders did 
this because the Senate recognizes we have a housing problem in this 
country. It is one that by and large may have to correct itself because 
of the huge free market we have, but there are steps we can take in the 
U.S. Government to help stabilize home values. That would be good for 
the family budget. It would help to restart the economy. It would be 
good for the country.
  I commend Senator Reid and Senator McConnell for their steps and 
think they are on the right course. I say that as I see the Senator 
from Colorado, who has done so much in this body to help us keep our 
eye on the ball and do what the American people expect us to do. The 
American people don't expect us not to have differences of opinions; of 
course we have differences of opinions. That is why issues are here. If 
they could be easily solved, they would have been solved at the county 
commission or at the State government level. But these issues have been 
kicked up to the national level and they are hard, tough issues, and we 
are expected to have differences of opinion. We have Democrats on that 
side and Republicans on this side because we have different principles 
that we emphasize sometimes. Usually they are the same principles, but 
they are often in conflict and we have to work those out. So in the 
Senate, we are going to have a big, strong, rousing debate about 
housing. No one should misunderstand that. But what the leaders have 
said is what the leaders ought to say in the Senate, which is that we 
see a real problem here with housing in the United States of America. 
We see families who are worried. We see home values that are at risk. 
We believe there are some steps we can agree on that would be good for 
the country, are within our budget and that would help stabilize home 
values and restart the economy. These are steps that will help the 
family budget, and the leaders have said that is what we are going to 
do.
  Of all of the things people say to me in Tennessee when we talk about 
issues, they basically say: Why don't you guys--or something less 
flattering--why don't you Senators stop the petty partisan bickering. 
Or, in my words, stop the kindergarten politics and go to work on big 
issues affecting our country and try to get a result. That is what the 
Senator from Colorado spends a lot of his time here in the Senate 
trying to do. I try to do that. Most of us try to do that. We are all 
here, I think, to get some result, and the leaders have given us an 
opportunity to try to get one here on housing.
  There are some good precedents for this. When people see us debating, 
they shouldn't think there is something wrong with that. We have big 
principled debates here. What they don't like is the kindergarten 
politics when we are here to stick our fingers in each other's eyes. 
The American people can smell that a mile away, and they hate it. They 
don't like it.
  But kindergarten politics is not what we used on the America COMPETES 
Act last year. Senator Reid and Senator McConnell cosponsored it 
because so many of us supported the idea. It wasn't so easy to pass. It 
was $34 billion of authorization to try to help us keep our jobs from 
going overseas by keeping our brain power advantage here. We had no 
limits on the debate. Everybody who wanted to offered an amendment and 
then we passed the legislation. The COMPETES Act is now in place, and 
we are working on funding it. It is helping low-income kids who 
couldn't afford advanced placement tests have them. It is helping 
universities train more math and science and physics teachers. It has 
put us on a path to double funding for the physical sciences in the 
Office of Science and in the National Science Foundation. These are all 
things we must do as a country if we want to keep our standard of 
living. So the Senate did that together.
  At the end of last year, we brought up an energy bill. Senator 
Salazar and I worked together on many energy ideas, but this was an 
especially important one. The Oak Ridge National Laboratory in the 
State of Tennessee has said to me repeatedly: The single most important 
thing you could do to reduce our dependence on foreign oil and to stop 
sending dollars overseas to some people who are trying to kill us is to 
reduce the consumption of oil by passing a fuel efficiency standard so 
we can increase the average mile per gallon of all cars and trucks. We 
did that. Now, the Senate had an argument about whether to have 20 
billion more dollars of taxes, and some of us voted that down. But we 
didn't stop there and go home, take our football and leave the floor; 
we came to a result, and we did the most important thing we could do to 
try to reduce our dependence on foreign oil. And reducing our 
dependence on foreign oil, by the way, is the real way to stabilize and 
begin to bring down the price of a gallon of gas. So the Senate did 
that together.
  Then at the beginning of this year, the President and the House of 
Representatives got together to propose an economic stimulus package. 
In fairly record time we approved provisions that will help 2.7 million 
Tennesseans receive $600 or $1,200--or in some cases $1,800, if they 
have a couple of kids--of their own money for the most part, back, so 
they can spend it. This stimulus package will provide $50 billion in 
aid for businesses. In some of our smaller counties there are hundreds 
of small businesses which can take advantage of keeping a little bit 
more of their own money and maybe add jobs. And that stimulus is coming 
in time to help.
  We hear on the news today that consumer confidence is a problem. 
Well, the rebate checks and the small business deductions are about to 
go into effect, and that was something the Senate did together. We had 
principled disagreements, but we came to a result.
  One other example of working together is concerning the foreign 
intelligence surveillance bill. I mentioned a little earlier a very 
wise man, Samuel Huntington, once said that most of our conflicts are 
about principles with which we all agree. We agree, all of us, the 
Senator from Colorado and the Senator from Tennessee and every 
American, that the principle of liberty is important, and so is the 
principle of security. Well, those two principles came in conflict when 
we began to debate the rules for overhearing a conversation from an al-
Qaida terrorist in the Middle East calling into the United States. For 
6 months we debated that, but the Senate came to a result concerning 
liberty versus security. No one watching the Senate should think there 
wasn't a debate here. There was a vigorous, impassioned debate. It was 
the kind of debate we ought to be having, but it wasn't about 
kindergarten politics, it was about liberty versus security. Then the 
Senate came to a result.
  So on competitiveness, on energy efficiency, on economic stimulus, 
and on intelligence surveillance the Senate came to a result. What 
Senator Reid and Senator McConnell said today is that we are going to 
try to do the same thing on housing.
  Now, the second thing I wish to say is that there are several things 
going on within our financial situation today, and there are several 
solutions, so let's sort them out.
  First, Secretary Paulson and others have suggested a badly needed 
fresh look at our financial institutions and how they are regulated. 
That will take a while and isn't easy to do. It is very complex, and it 
ought to take a while to discuss. In this country of ours, we produce 
about 30 percent of all of the wealth in the world every year. We do it 
in this great big free market with many different parts to it. So any 
time we begin to change things about the regulations, we need to be 
careful about what we do.
  What we are talking about now in the Senate--and what the leaders 
announced today--is not down the road

[[Page 4605]]

but instead is today and tomorrow. What can we do today and tomorrow to 
help the family budget? What can we do to stabilize home values, which 
we hope will help to restart the economy? There are a lot of good ideas 
out there. There are some that we in the Senate may be able to agree on 
fairly quickly.
  The last thing I want to try to do is to do the work of Senator Dodd 
and Senator Shelby for them. They have a big task. Their assignment 
from the leaders is to take a day, so they and their staffs will be 
working most of the night to see if there are a few things that most of 
us can agree on that can form the basis of what the Senate plans to do 
on housing. Then, as I understand it, we will begin to have votes, 
hopefully, on issues related to housing. My guess is that if there are 
important and controversial issues, in most cases it will require 60 
votes. In other words, we will have a bipartisan core that Senator Dodd 
and Senator Shelby will propose, and then we will have a series of 
votes to try to improve the bill.
  Senators will have some differences of opinions about what improves 
it and what doesn't. For example, one thing that I think doesn't 
improve it--and many on this side don't think it improves it--is the 
idea of letting bankruptcy judges rewrite home mortgages for homes in 
foreclosure. It sounds good, and it might help a few people. Here is 
what else it would do: It would raise the risk for all of those who buy 
home mortgages in the future. If the risk is higher, the interest rate 
is higher. If the interest rate is higher, what does that mean for the 
family budget? It means higher monthly mortgage payments. The 
Congressional Budget Office says there could be higher interest rates. 
The Mortgage Bankers Association said there will be higher interest 
rates. They suggest that in the State of Tennessee it might be about 
$120, on the average, a month. I don't think it helps the housing slump 
if we pass legislation that has the effect of raising most home 
mortgages by $120 a month. That is a big raise for most people. So I 
think that is a bad idea. My guess is that this bankruptcy provision 
will be offered on the floor, we will debate it, and I hope we defeat 
it. At least we will be here on the Senate floor debating it and 
offering our reasons for and against it.
  If it comes up in that form, it reminds me of junk bonds--something 
that was cooked up in the late 1970s and early 1980s. They called them 
that because they were higher risk bonds. When they were placed into 
the marketplace, investors said: We will buy them, but we are going to 
require more of an interest rate return.
  There came to be other problems with these high-yield junk bonds, but 
the other problems are not what I am talking about. I am talking about 
the simple equation that if we introduce more risks into mortgages, 
then when people buy the mortgages they are going to require a higher 
interest rate. If there is a higher interest rate, that is a higher 
monthly mortgage payment for families in Tennessee, where the estimate 
is approximately $120 more a month. That is not an idea I hope is in 
the final result.
  One idea that might be in the final result that has substantial 
Democratic and Republican support is providing $10 billion in new bond 
authority for loan refinancing. Senator Bond has that provision in his 
legislation, for example. That would provide tax-exempt bond authority 
which could be used to refinance subprime loans, to provide mortgages 
for first-time home buyers and for multifamily rental housing. That 
would mean if you have a subprime loan and suddenly your adjusted rate 
jumped up to a level you cannot afford--and that is going to happen 
with a lot more mortgages in the next few months--then the State 
housing agency could make a deal with you to refinance that loan. In 
effect, this refinancing would pay off the old loan, and you would have 
a new one at a lower interest rate that you are comfortable with. Most 
of the money gets paid back, the house is not in foreclosure, and there 
is more stability in the market. This is an idea I could personally 
vote for, and I know it has support on both sides of the aisle.
  Another idea that has come from the Republican side but has attracted 
some interest on the Democratic side is the proposal of the Senator 
from Georgia, Mr. Isakson. He may be the junior Senator from Georgia, 
but he is no spring chicken. He had been in the real estate business 
for a long time before he came here to the Senate. He has been around 
long enough to have seen the housing slump in the 1970s. So he said: 
Let's not just invent some idea that might help; let's look back in our 
history a little bit and see if there was ever anything that worked in 
a similar circumstance that we could use to help preserve home values 
today. He pointed this out to us and introduced legislation, which I 
and others are cosponsors of, that would create a $5,000-a-year tax 
credit for three years for home buyers of homes that are new or in or 
near foreclosure. This tax credit would only apply for a limited period 
of time. Senator Bond included this provision in his housing 
legislation as well. Some work would have to be done to make sure this 
wasn't just for speculators. But the idea is a pretty simple one: Let's 
create some more home buyers through this incentive because that is 
good for homeowners. It is not just good for the person who has the 
foreclosed home but for everybody else whose house is not foreclosed, 
because if we stabilize the housing market by providing an influx of 
new home buyers, that will help preserve home values for everybody else 
in the market. And that will bring more confidence to the economy. I 
think that is a very good idea. It costs some money--about $10 billion 
to $14 billion over five years--in the form that it was originally 
introduced. Maybe it could be done at a little less of a cost.
  One thing we know is that a similar tax credit was tried before in 
the 1970s. Senator Isakson says that at that time we had a 3-year 
inventory of unsold homes, and that tax credit--at a lower figure then 
because the dollars were a little less then--helped reduce the 
inventory of unsold homes from 3 years to 1 year. That is an idea 
worthy of consideration.
  There is a lot of talk on both sides of the aisle about counseling 
for people buying homes. I have bought and sold some homes. I am 
trained to be a lawyer and I have been in Government. I would not think 
of buying or selling a home without a lawyer's help. I am not sure I 
could understand all of the forms I signed the most recent time I 
bought a home. We can do much better than that. The basic information 
ought to be up front so that people can understand, first, how long 
their mortgage lasts, what the interest rate is during the whole time, 
and what the monthly cost is. Those are the basic things. Then there 
are some other things that could also be clarified. Full disclosure--
the Senator from Texas talked about that earlier--and loan counseling 
are ideas that the Senate can help with.
  Senator Martinez, a former Secretary of the Department of Housing and 
Urban Development, was a part of the press conference the Republican 
leader called this morning to discuss several Republican ideas that we 
have and which we hope are considered in this debate. Senator Martinez 
has proposals about FHA loans, which are the loans that first-time home 
buyers often have, and for how to deal with Fannie Mae and Freddie 
Mac--the agencies that buy mortgages.
  There is a lot we can do in the Senate to help preserve home buying, 
and the way to find out what we can do is to do exactly what the 
Democratic leader and the Republican leader have given us the 
opportunity to do.
  Finally, I would like to say this, as I said in the beginning of my 
remarks. No one should believe, because the Democratic and Republican 
leaders and the rest of us standing behind them put us into a process 
to try to achieve a result, that it will be easy. No one should believe 
that there won't be a debate, or that there is any guarantee of 
success. Senator Dodd and Senator Shelby said that failure is not an 
option. I believe that, too, but we are going to have to discuss it to 
get there. It may take a few days. We are dealing with a big economy. 
So process may be a result, process may be substance, but either

[[Page 4606]]

way, this is the beginning of the process toward a result.
  Also, at least from my point of view, I would not want anyone to 
think that I believe the Government by itself can solve this problem. 
We sometimes forget--particularly at a time when we have an economic 
slowdown, as we do today--what a fortunate country we are and what a 
strong economy we have. I mentioned earlier that year-in and year-out, 
this economy in the United States produces 30 percent of all of the 
wealth in the world, measured by GDP, for just 5 percent of the people 
of the world. And we will do it again this year, as we did last year 
and as we will do again next year. Five percent of us Americans live 
here, and we will produce this year about 30 percent of the wealth in 
the world, according to the International Monetary Fund. Now we are in 
a little bit of a slowdown. It is important to understand that we are 
being honest about that. It is a slowdown, and it is a housing slump, 
and we have a problem.
  We also have a big, strong economy--we have the biggest, strongest 
economy and the freest market, and our fundamental approach in 
Government ought to be to make sure that it stays that way.
  So, for me and for many on this side of the aisle--and maybe others 
on the other side too--there are fundamental long-term propositions to 
really balance the family budget. We can do this by having low taxes, 
having less Government, having 2-year budgets so we could have more 
time to conduct oversight and review regulations, which means less 
regulation.
  The way to have a strong economy is to have the right labor-
management relations. In Tennessee, for example, when we were 
recruiting automobile plants, it meant the right-to-work law was very 
important to us as a State. We also need to have a first-class 
education system for all Americans, and that means dealing with 
disagreeable subjects like paying teachers more for teaching well or 
giving low-income kids more choices of good schools like the wealthy 
have. We need to also stop runaway lawsuits so that doctors don't move 
out of rural areas and so pregnant women don't have to drive 60 miles 
to Memphis to see a doctor for prenatal health care. That drives up 
health care costs. We also have to work together to find a way for 
every American to have health insurance. This is a long list, but if we 
really want economic strength, that is what it takes.
  I learned this in a small way as a Governor of the third poorest 
State in the 1980s. My goal was to raise family income. I kept working 
for ways to do that. We already had low taxes and we had a right-to-
work law. Our good location helped. We had to get rid of the usury 
limit, and we had to improve the schools. Then I found that we needed 
four-lane highways.
  So there are many parts to a strong economy. These temporary measures 
we are taking, hopefully, in the next few days will help, I hope, 
preserve home values by stabilizing housing and restarting the economy.
  I see no reason why we cannot create more transparency and counseling 
and make it possible for more mortgages to be refinanced and give tax 
credits to home buyers to create more homeowners. We can do that, but 
these are short-term measures. Then we can have other principled 
debates in the Senate about whether we are going to have lower taxes 
and whether we are going to have less Government and whether we are 
going to have fewer runaway lawsuits. And discussions on whether we are 
going to be willing to pay teachers more for teaching well or whether 
we will have a research and development tax credit so our companies 
won't go overseas or whether we are going to create opportunities for 
skilled researchers and workers to come into the United States so that 
we can in-source some of the brainpower that creates all this wealth we 
have enjoyed for so long.
  I am glad to have the opportunity to come to the floor to 
congratulate Senators Reid and McConnell. They have done what leaders 
ought to do. They have put the Senate in a position to do what we 
should do, and that is to stand on our principles, offer our best 
ideas, work in good faith across party lines, and try to get a result 
and help the American people. The American people like to see the 
Senate acting that way. I am glad to have been a part of the Senate 
that acted that way on the America COMPETES Act, on the fuel efficiency 
standards, on economic stimulus, and on the foreign intelligence 
surveillance bill we passed recently. I am glad to be a part of the 
Senate that is preparing to act on housing slump.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. MENENDEZ. Mr. President, a month ago I came to the floor to speak 
on behalf of America's homeowners. Since then, tens of thousands of 
families have lost their homes. Since then, we have been watching home 
prices fall, we have been watching foreclosure rates skyrocket, and we 
have been watching tens of thousands of Americans lose their jobs.
  In my home State of New Jersey, over the next 2 years, we expect more 
than 57,000 homes to be lost to foreclosure. That means 57,000 families 
who will have to hand over the keys to their home, 57,000 families who 
will be forced to say goodbye to the place where they were nurtured and 
comforted, a place where they lived during good and bad times, places 
they came home to every night, a place they celebrated birthdays and 
wept over losses.
  In the words of families, we know what it feels like to lose their 
home. They will feel as if they have lost everything.
  Nationwide, the number of foreclosures that is going to happen if we 
don't act is unfathomable. Two million American families are in line to 
lose their homes over the next 2 years, and everyone stands to lose 
from foreclosures. Lenders report losing tens of thousands of dollars 
on each foreclosure. Neighbors see the value of their own homes drop. 
When we see that 63,000 Americans lost their jobs a month ago, when we 
see weak earnings reports from businesses, wild swings in the stock 
market, and the collapse of a major firm on Wall Street, we can see 
this housing crisis is truly shaking the entire economy to its core. It 
clearly has a major ripple effect.
  We all know at the heart of this economic downturn is the housing 
crisis. So the question is: How long are we going to watch before we 
realize it is time to take action?
  I marvel when a year ago this past March I said at a Senate Banking 
Committee hearing that we are going to have a tsunami of foreclosures 
and the Bush administration said: Oh, no, that is an overdramatization. 
I said then: I hope you are right and I am wrong. The reality is, we 
have not even seen the crest of that tsunami take place.
  Not only did they say it was not real, but they refused to act in any 
meaningful way. But when it was clear that a major investment bank on 
Wall Street was in trouble, the Bush administration rushed to the scene 
like firefighters responding to a five-alarm blaze with $30 billion put 
up to ensure that JP Morgan Chase could buy Bear Stearns.
  Regardless--and we will be reviewing both the propriety and the way 
and the standards that were used to pursue that, whether that is the 
appropriate standard, the way Bear Stearns ultimately was priced--a 
full year into the subprime mortgage crisis, they have done nothing but 
hit the snooze button on the alarm as millions of Americans have 
watched their dream of home ownership go up in smoke.
  It is time we react with the same urgency and seriousness, no matter 
if the people who are in financial trouble are occupying a suburban 
home in Madison or a rowhouse in Newark or Camden.
  I hope today finally there is a glimmer of hope for homeowners who 
have been left to fight this battle alone. It is clear that Members on 
both sides of the aisle have gotten the message that it is time to act. 
And it is clear what our goal has to be: helping families keep their 
homes and in doing so helping our economy, which affects all of us.
  I am pleased that we have made what seems to be an important 
breakthrough in the Chamber. I have the utmost faith in Chairman Dodd 
and

[[Page 4607]]

Ranking Member Shelby that they understand the urgency at hand, that 
they will do their best to put forward a workable solution we can all 
support, and I certainly hope it is one I can support as well.
  I strongly support Majority Leader Reid's bill as it is. I understand 
the nature of compromise and negotiation, so I know it will change, but 
I hope that bipartisanship will not mean we will stray far from 
providing the direct assistance that homeowners need--to stop 
foreclosures.
  Here are a few key steps the final bill has to take. First, we need 
to provide funding for counseling in order to reach families at risk of 
losing their homes. Many American families--I saw it during the recess 
when we were working back in our States--many American families are 
sitting around their kitchen tables looking through their mortgage 
bills, their finances, and, yes, their bank notices, and they don't 
know where to turn. They don't know exactly what to do. It is not as if 
they have a pot of money sitting in the bank. They do not. They are 
trying to keep it together, keep their families together, keep their 
hopes and dreams and aspirations together. These counselors could offer 
them real solutions and options to avoid receiving that foreclosure 
notice or, even worse, foreclosure itself.
  The Reid bill puts forward $200 million to make sure counseling 
reaches those who need it the most, and I think that is incredibly 
important.
  Secondly, we need to provide funding to allow communities with high 
foreclosure rates to access community development block grants. 
Communities can use these funds to purchase foreclosed properties for 
rehabilitation, rent, or resale. Having a foreclosed home sit abandoned 
in a community does not benefit anyone. This is one of the key points I 
always make when I talk about this issue because a lot of people say 
that is not about me. I got the right mortgage; I am paying for it; 
this is about some people who made the wrong choices, and I don't want 
to pay for their wrong choices.
  The problem with that is, first of all--and I will talk about it in a 
moment--people were led to choices where maybe they did not have 
financial literacy, maybe they didn't have the wherewithal to fully 
understand the nature of what they, in many cases, were being misled 
into--a mortgage product in which they should never have been.
  Even looking at it in that respect, the bottom line is it affects us 
all. Why? Because a foreclosed home that sits abandoned in a community 
does not benefit anyone. It decreases surrounding home values and it 
can attract crime and vandalism. The bottom line is that foreclosures 
destabilize neighborhoods. The funds in this bill allow communities to 
stop that death spiral before it starts.
  Some argue that stepping in to help our communities recover from the 
housing crisis would somehow be a blow to the concept of personal 
responsibility because some homeowners, as I said, made bad choices in 
signing up for subprime mortgages.
  First of all, let me say, don't get me wrong, personal responsibility 
is important, and that is why we need greater support for homeowner 
education, for foreclosure counseling, and financial literacy so anyone 
thinking about buying a home will be able to understand the terms of 
their mortgage, even the fine print, and have the tools to protect 
themselves.
  What I have a problem with, as I listen to so many in the Chamber, is 
it seems that personal responsibility is always talked about as it 
relates to the consumer. Personal responsibility is not just important 
for homeowners, however. Every participant in the life of a loan needs 
to step up and take real responsibility and action.
  What got us to where we are today? In my mind, unbridled free market 
extremes, excesses without appropriate regulation or without the 
attention of regulators has brought us to where we are.
  I believe in the free market, but when it is unbridled, this is what 
happens. Every broker, lender, realtor, every appraiser, regulator, 
credit rating agency, and investing firm needs to make changes if we 
have any hope of quieting the storm and not reliving it. The time for 
blame games is over. The time for action has come.
  Third, I hope this body looks carefully at a provision that can help 
more than 600,000 families stuck in bad loans keep their homes. I know 
some of my colleagues are very concerned about this provision which 
would give judges in bankruptcy proceedings the discretion to modify 
loan terms. But the fact is, this provision is very narrowly tailored, 
it is a one-time limited fix, and in the end it is a win-win not only 
for borrowers but lenders alike. This provision alone would help over 
14,000 families in my State of New Jersey avoid foreclosure. That would 
be a savings of about $5 billion in home values alone. My good friend 
Senator Durbin has done an excellent job at hammering out a compromise, 
and I hope my colleagues will give it careful consideration.
  It is interesting, under the existing bankruptcy law, if you happen 
to have the good fortune of having a second home, a vacation home, a 
leisure home, guess what. The bankruptcy judge can go ahead and change 
your financial obligations on that home, but the very essence of the 
American dream, which is the home in which you live, to raise your 
family, to go through good and bad times, no, that cannot be 
renegotiated. What an interesting set of values. For a leisure home, we 
can go ahead and a bankruptcy judge can change the terms, but for those 
who were sucked into a subprime mortgage who should never have been in 
those types of mortgages and for which the regulation was not there to 
ensure there was transparency and ensure there was oversight, oh, no, 
we cannot touch that. In a place that talks so much about values, I 
don't understand that set of values.
  As we in the Congress debate how best to help homeowners, how best to 
end the housing crisis and how best to get this economy back on track, 
we have to see the bigger picture. There is a lot at stake. No matter 
who you are, no matter whether we have a subprime mortgage, no matter 
whether we are making our obligations meet or whether we are finding 
ourselves in distress, we are all in this together. When the house next 
to ours gets boarded up, it affects the value of our property, too, and 
how safe we feel walking around our neighborhood at night. When that 
value goes down, it reduces the equity we have in our home upon which 
we can borrow to put our kids through college, to take care of an 
uncovered medical bill or emergency, or even for the resources we will 
have for our retirement. No one is immune.
  So this sense of personal responsibility, yes, but understand that we 
all have a stake. When a neighbor of ours has to declare bankruptcy and 
is forever saddled with debt they cannot pay, they shop less at our 
stores, purchase fewer of the services our community offers, and, 
obviously, the more foreclosures we see in a neighborhood, property 
values decline. When those property values decline, rateable bases go 
down--and that is the way municipalities ultimately receive their 
resources which means, what? Either taxes have to go up to cover 
existing services of police, firefighters, education, whatever, or we 
cut the services. We are all in this together.
  When a nonprofit organization in Jersey City is close to finishing 
the building of its new arts center so it can give kids an opportunity 
to do something productive after school and stay away from gangs and 
they cannot get the last bit of money they need because of this credit 
crunch and housing crisis, it affects us all.
  Dr. Martin Luther King reminded us that ``we are all tied in a single 
garment of destiny'' and that ``we cannot walk alone.'' This is a 
crisis we are all in together as a nation. And there is no reason we 
can't all work together to end it. It is in America's interest to do 
so, and I hope the Senate, which has shown a moment of a possibility of 
what can be done, seizes that moment on behalf of our fellow citizens 
but also on behalf of our collective interest, on behalf of our 
economy, and, in doing so, on behalf of our Nation.

[[Page 4608]]

  Mr. President, with that, I yield the floor.
  The PRESIDING OFFICER (Mr. Menendez). The Senator from Florida.
  Mr. NELSON of Florida. Mr. President, I ask unanimous consent to 
speak as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           The Right to Vote

  Mr. NELSON of Florida. Mr. President, I wish to speak to an issue 
that is all too familiar to my State of Florida but has now taken on 
such importance that it is a subject that is all too familiar to the 
entire country, joined by our sister State, Michigan; it is an issue 
that is sacred to our democracy. It is the issue of the right to vote 
and to have that vote counted as it was intended.
  A year ago, the Florida legislature passed a bill to move Florida's 
Presidential primary to an early date on the national election 
calendar. Their thinking was to give our large and diverse State, which 
is a microcosm of the entire country, more of a say in the selection of 
Presidential nominees. This violated the two national parties' rules, 
and the threat was made that if Florida moved ahead, both the 
Republican National Committee and the Democratic National Committee 
would take away half of Florida's delegates. The Florida legislature, 
despite that, changed the date of Florida's election by law, moving it 
1 week earlier than the imposed deadline by the two national parties.
  The Florida legislature is controlled by the Republican Party, and 
the Democrats in the legislature, through their Democratic leader in 
the Florida House as well as the Florida Senate, offered an amendment 
to put the date of the Florida primary back to February 5 so it did not 
violate the two national party rules. That amendment was defeated. The 
bill went on to final passage.
  In addition to the January 29 date for the Presidential primary, it 
was primarily a bill about election machines and accountability. So on 
final passage it was clearly going to be a near unanimous vote. 
Therefore, the Florida legislature passed and the Republican Governor 
signed into law the new election date.
  I repeat that story because people who want to penalize Florida often 
miss the fact that it was not Florida Democrats who changed the date. 
Well, we all know what happened after that. Both national parties 
decided to punish Florida because those parties' rules reserved the 
early Presidential contest to a handful of other States.
  The Republican National Committee, pursuant to their rules, took away 
half of Florida's delegation. The Democratic National Committee decided 
to extract an extra pound of flesh and took away all of the delegates 
of Florida's delegation.
  For 8 months now, I have been immersed in a fight to get the chairman 
of my party to end the stalemate and to seek Florida's delegates and to 
honor the January 29 primary vote because on that date we had a 
historic turnout. Some 3.6 million citizens headed to the polls and 
cast ballots in Florida's Democratic and Republican Presidential 
primaries.
  For me, it is pretty simple. It is a case of fundamental rights 
versus party rules. So when there could not be a compromise worked out 
last August, September, and into October, I sued my own party in 
Federal district court. In December, the Federal judge ruled against my 
motion, and at that late date it was too late to appeal.
  I have continued to push for my party to find a way to seat a 
delegation from Florida, while giving Floridians a meaningful voice in 
the selection of their party's nominee. This fight has been based on 
the principle that, in America, every citizen has an equal right to 
vote, it is based on a premise that Floridians are entitled to have 
their votes count as intended, and it is based on a belief that we all 
deserve a say in picking our Presidential nominees.
  More recently, I, along with others, asked the national Democratic 
Party to look into paying for a mail-in revote. The party declined. The 
State party proposed it, few people could agree on the specifics, and 
certainly the candidates themselves couldn't agree on the specifics. 
Now we are at a point where reaching a solution is critical. And so 
when we were last in session, about 2\1/2\ weeks ago, I asked the two 
Democratic candidates, who happened to be on the floor that day when we 
had the session that lasted most of the night, to consider a proposal 
whereby they would go back to the original rules of the Democratic 
Party and seat the delegation with half its vote but still based on the 
January 29 results. This is allowed by the Democratic rules, as it was 
done by the GOP.
  If nothing else, all this brouhaha we now find ourselves in for this 
election has certainly provided further evidence our system is broken. 
Yet as to our right to vote and to have that vote count, there can be 
no debate. The goal is simple. The principle is very simple: It is one 
person, one vote.
  Last fall, I filed legislation in the Senate to require that no vote 
be cast for Federal office on a touch-screen voting machine starting in 
the next Presidential election 4 years from now. I also joined the 
senior Senator from Michigan, Senator Levin, to propose a system of six 
rotating interregional primaries, from March to June, in each 
Presidential election year. Very soon, I am filing a broader based 
election reform bill, and this new legislation will abolish the 
electoral college.
  It will be a proposed constitutional amendment and will, therefore, 
give citizens direct election of their President by the popular vote. 
We have seen in the history of this country a few times when one 
candidate gets the most votes, but it is the other candidate that wins 
because of the archaic electoral college process provided in the 
Constitution. In this new package, it will have the six rotating 
interregional primaries that will give both large States and small 
States a fair say in the nomination process.
  This legislation will establish early voting in each State to make it 
easier for the voter to vote, instead of going on 1 day. It will 
eliminate machines that don't produce a voting paper trail, so if you 
have to recount, you don't have just a piece of software, you have the 
actual paper trail in order to be able to do the recount in an accurate 
way.
  This package will allow every qualified voter in every State to cast 
an absentee ballot on demand. In some States, you can't cast an 
absentee ballot unless you fill out some affidavit that says you are 
not going to be in your city on the day of the election, or that you 
are sick and you can't get to the election. We ought to make it easy 
for the voter to vote.
  The package will also give grants to States that develop mail-in 
balloting and grants for pilot studies to study secure Internet voting.
  We have had too many of these questions arise in my State of Florida 
over the years, and perhaps this is why Floridians are so sensitive 
about this. So I am reaching out to my colleagues. I respectfully ask 
each of the Senators to make suggestions to make this a better bill. 
Let's remember it was more than 230 years ago that our Founding Fathers 
declared all men are created equal, but the country still had to wait 
another 87 years before President Lincoln signed a proclamation freeing 
the slaves. It took another 57 years before women in America were 
allowed to vote.
  In 1872, Susan B. Anthony was arrested for voting. After that, she 
delivered a speech on women's right to vote. ``The ballot,'' she said, 
``is the only means of securing the blessings of liberty provided by 
this government.'' Let me repeat those profound words. ``The ballot,'' 
Susan B. Anthony said, ``is the only means of securing the blessings of 
liberty provided by this government.'' Even still, it took another 93 
years before our Nation belatedly enacted a law guaranteeing every U.S. 
citizen an equal right to vote--the Voting Rights Act of 1965.
  This country cannot afford to wait another 93 years before we fix the 
flaws we still see in our election system. The blessings of liberty 
cannot wait. With what we have seen thus far in this election cycle, 
the time for election reform is now.
  I yield the floor, and I suggest the absence of a quorum.

[[Page 4609]]

  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. NELSON of Florida. Mr. President, I ask unanimous consent the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                            MORNING BUSINESS

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

                          ____________________




                          JUDICIAL NOMINATIONS

  Mr. LEAHY. Mr. President, as I listened yesterday to the partisan 
rhetoric we continue to hear from Senate Republicans on nominations, I 
am disappointed that the Republican leader is ignoring the majority 
leader's statement from last May 10.
  Today is April Fools' Day. I do not think the American people are 
fooled or amused by continued partisan bickering over nominations. 
Indeed, with a massive subprime mortgage crisis that has left so many 
Americans in dire straights, fearful of losing their homes, the 
Republican efforts to create an issue over judicial nominees is 
misplaced. In fact, I have been working hard to make progress and have 
treated this President's nominees more fairly than Republicans treated 
those of President Clinton. Judicial nominations are not the most 
pressing problem facing the country. Indeed, we have worked hard to 
lower vacancies to the lowest levels in decades. We have cut circuit 
vacancies in half.
  It should be no surprise that the administration would rather focus 
on having a partisan political fight than the news that, in February, 
the United States lost 63,000 jobs. To make up for those and other job 
losses in recent months thanks to this President's policies, this 
country would need to create 200,000 jobs every month. This 
administration is apparently more worried about the jobs of a handful 
of controversial nominees, many without the necessary support of their 
home State senators, than the loss of jobs by thousands of American 
workers.
  Unemployment is up over 20 percent, the price of gas has more than 
doubled and is now at a record high average of over $3.20, trillions of 
dollars in budget surplus have been turned into trillions of dollars of 
debt with an annual budget deficit of hundreds of millions of dollars, 
and the trade deficit has nearly doubled to almost $1 trillion. Indeed, 
just to pay down the interest on the national debt and the massive 
costs generated by the disastrous war in Iraq--the fifth anniversary of 
which we tragically marked 2 weeks ago--costs more than $1 billion a 
day. That is $365 billion each year that would be better spent on 
priorities like health care for all Americans, better schools, and 
fighting crime and treating diseases at home and abroad.
  Perhaps the only thing that has gone down during the Bush Presidency 
is judicial vacancies. After the Republican Senate chose to stall 
consideration of circuit nominees and maintain vacancies during the 
Clinton administration in anticipation of a Republican Presidency, 
judicial vacancies rose to over 100. Circuit vacancies doubled during 
the Clinton years. Since I became Judiciary chairman in 2001, we have 
worked to cut those vacancies in half.
  In the Clinton years, Senator Hatch justified the slow progress by 
pointing to the judicial vacancy rate. When the vacancy rate stood at 
7.2 percent, Senator Hatch declared that ``there is and has been no 
judicial vacancy crisis'' and that this was a ``rather low percentage 
of vacancies that shows the judiciary is not suffering from an 
overwhelming number of vacancies.'' Because of Republican inaction, the 
vacancy rate continued to rise, reaching nearly 10 percent at the end 
of President Clinton's term. The number of circuit court vacancies rose 
to 32 with retirements of Republican appointed circuit judges 
immediately after President Bush took office.
  Then, as soon as a Republican President was elected they sought to 
turn the tables and take full advantage of the vacancies they prevented 
from being filled during the Clinton Presidency. They have been 
extraordinarily successful over the past dozen years. Currently, more 
than 60 percent of active judges on the Federal circuit courts were 
appointed by Republican Presidents, and more than 35 percent have been 
appointed by this President. The Senate has already confirmed three-
quarters of this President's circuit court nominees, compared to only 
half of President Clinton's.
  I was here in 1999 when the Republican chairman of the Judiciary 
Committee would not hold a hearing for a single judicial nominee until 
June. In contrast, we have scheduled 3 hearings on 11 nominees so far 
this year. We have a circuit nominee from Texas listed on the Judiciary 
Committee agenda this week. I wrote to the President during the last 
recess commending him for nominating someone for a Virginia vacancy to 
the Fourth Circuit who is supported by Senator Warner and Senator Webb, 
a Republican and a Democrat, and indicated that I would use my best 
efforts to proceed to that nomination as soon as the paperwork is 
submitted. I will ask that a copy of that letter be printed in the 
Record at the end of my statement. In that letter, I also informed the 
President that an anonymous Republican hold had prevented Senate 
confirmation of the President's nominees to be the Associate Attorney 
General, the No. 3 position at DOJ, and the Assistant Attorney General 
for the Civil Division.
  Since the resignations of the entire top leadership at the Department 
of Justice last year in the wake of the scandals of the Gonzales era, I 
have made restoring the leadership ranks at the Department a priority. 
Since September, the committee has held seven hearings on executive 
nominations, including a 2-day hearing for the Attorney General. The 
Attorney General and the new Deputy Attorney General have been 
confirmed. But for Republican delays in refusing to cooperate and make 
a quorum in February, and now the anonymous hold, the Senate would have 
confirmed two more high-level DOJ nominees.
  The partisan rhetoric on nominations rings especially hollow in light 
of the progress we have made. Last year, the Senate confirmed 40 
judges, including 6 circuit judges. The 40 confirmations were more than 
during any of the 3 preceding years with Republicans in charge. The 
Senate has now confirmed 140 judges in the almost 3 years it has been 
run by Democrats and only 158 judges in the more than 4 years it was 
run by Republicans.
  We continue to make progress. Four district court nominations are 
pending on the Senate's Executive Calendar. I have mentioned the 
nomination to the Fifth Circuit that is pending on the Judiciary 
Committee's agenda this week. I have already announced and noticed 
another hearing this Thursday for four more judicial nominees, two from 
Virginia and two from Missouri, and for the nominee to be the Assistant 
Attorney General for the Office of Legal Policy. This will be the 
Judiciary Committee's fifth confirmation hearing this year.
  With respect to the recent nomination of Steven Agee to a Virginia 
seat in the Fourth Circuit, it is regrettable that Justice Agee's 
nomination only comes after months of delay when the White House 
insisted on sending to the Senate the nomination of Duncan Getchell. 
That nomination did not have the support of either of the Virginia 
Senators and was withdrawn after the Virginia Senators objected 
publicly. In fact, the delay in filling that vacancy has lasted years 
because this President insisted on sending forward highly controversial 
nominations like William Haynes, Claude Allen, and Duncan Getchell.
  In my letter to the President, I wrote that I expect the Judiciary 
Committee and the Senate to proceed promptly to consider and confirm 
Justice Agee's nomination with the support of Senator Warner and 
Senator Webb, just as we proceeded last year to confirm the

[[Page 4610]]

nomination of Judge Randy Smith to the Ninth Circuit, once the 
President had withdrawn his nomination for a California seat and 
resubmitted it for a vacancy from Idaho. I urged the President to use 
the Agee nomination as a model for working with home State senators and 
Senators from both sides of the aisle. Time is running short.
  Senate Democrats should not and have not acted the way Republicans 
did by pocket filibustering more than 60 of President Clinton's 
nominees. I would rather see us work with the President on the 
selection of nominees that the Senate can proceed to confirm than waste 
precious time fighting about controversial nominees who he selects in 
order to score political points. I would also rather see the Senate 
focus on addressing the real priorities of the country rather than 
catering only to an extreme wing of the Republican base with 
controversial nominees.
  Mr. President, I ask unanimous consent that the letter to which I 
referred be 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 the Judiciary,

                                   Washington, DC, March 20, 2008.
     Hon. George W. Bush,
     The White House,
     Washington, DC.
       Dear Mr. President: I write again, as I did last November, 
     to demonstrate my willingness to work constructively with you 
     in accordance with the Senate's important role in the 
     consideration of your nominees to high-ranking positions in 
     the executive branch and to lifetime appointments on our 
     Federal courts.
       Since last September, the Senate Judiciary Committee has 
     been hard at work seeking to help restore the Department of 
     Justice. The leadership ranks at the Department of Justice 
     were decimated by the scandals of the Gonzales era. The 
     Judiciary Committee's hearing last week was the seventh 
     hearing we have held since September on executive 
     nominations. The Senate has proceeded to confirm a new 
     Attorney General, a new Deputy Attorney General, and numerous 
     other nominations to fill high-ranking positions at the 
     Justice Department.
       I regret to inform you that we were stalled last week in 
     our efforts to fill two other critical positions at the 
     Department, when an anonymous Republican hold blocked 
     confirmation of Kevin O'Connor to be the Associate Attorney 
     General, and Gregory Katsas to be the Assistant Attorney 
     General in charge of the Civil Division. I was particularly 
     disappointed with this unexpected development. We had worked 
     hard to expedite these nominations, holding a hearing on the 
     first day of this session of Congress. After a nearly month-
     long delay, when Republican Members of the Judiciary 
     Committee effectively boycotted our business meetings in 
     February, we were able to report these nominations to the 
     Senate in early March. They were set for confirmation before 
     the Easter recess, until the last-minute Republican objection 
     stalled them. They join your nomination of Michael Sullivan 
     to be the Director of the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives as among those stymied by Republican 
     objections. I trust at any future White House event on the 
     status of nominations you will point out that several of your 
     high-level executive nominations are being stalled by 
     Republican objections.
       With respect to judicial nominations, I want to commend you 
     for working with Senators Warner and Webb to identify a 
     nominee from those they recommended to you to fill a Virginia 
     Fourth Circuit vacancy.
       Your previous nominations from Virginia, William Haynes, 
     Claude Allen and Duncan Getchell, were controversial and did 
     not proceed. Following your withdrawal of the Getchell 
     nomination earlier this year, I urged you to work with the 
     Virginia Senators. I now thank you for doing so.
       I expect your nomination of Steven Agee to be considered 
     promptly following completion of the necessary paperwork. I 
     want to encourage meaningful consultation with Senators of 
     both parties. Just as we proceeded last year to confirm your 
     nomination of Judge Randy Smith to the Ninth Circuit, once 
     you had withdrawn his nomination for a California seat and 
     resubmitted it for a vacancy from Idaho, I expect the 
     Judiciary Committee and the Senate to proceed to confirm 
     Justice Agee with the support of Senator Warner and Senator 
     Webb. I urge you to work with Senators from other states, as 
     well, so that we might make progress before time runs out on 
     your Presidency and the Thurmond Rule precludes additional 
     confirmations.
       Your judicial nominations have fared far better than those 
     of your Democratic predecessor. Nearly 90 percent of your 
     nominations have been confirmed to lifetime appointments. 
     Approximately three-quarters of your circuit nominations, 
     compared to little more than half of President Clinton's 
     circuit court nominations, have been confirmed. We have 
     succeeded in reducing overall vacancies and circuit court 
     vacancies to as few as half as many as during President 
     Clinton's term. With four more judicial nominations on the 
     Senate's Executive Calendar and another pending on the Senate 
     Judiciary agenda, I am proceeding to notice another hearing 
     for judicial nominees for the week immediately following the 
     Easter recess. That will be our fifth nominations hearing so 
     far this year.
           Respectfully,
                                                    Patrick Leahy,
     Chairman.

                          ____________________




                       HONORING WALTER F. MONDALE

   Mr. LEAHY. Mr. President, this weekend, Marcelle and I will attend 
an event at the University of Minnesota Law School to honor the life 
and career of Vice President Walter Mondale on the occasion of his 80th 
birthday which he reached in January.
   Vice President Mondale is a valued friend whom I proudly consider 
one of my mentors in the Senate. As I reviewed materials for this 
weekend, I came across an editorial by Vice President Mondale that 
appeared in the Washington Post on July 27, 2007 entitled ``Answering 
to No One.'' The editorial provides an excellent perspective on the 
Office of the Vice President and how that office evolved in recent 
history.
   In order to remind all Senators and their staffs about this 
insightful article, I ask unanimous consent that the editorial be 
printed in the Congressional Record.
   There being no objection, the material was ordered to be printed in 
the Record as follows:

                           Answering to No One

                         (By Walter F. Mondale)

        The Post's recent series on Dick Cheney's vice presidency 
     certainly got my attention. Having held that office myself 
     over a quarter-century ago, I have more than a passing 
     interest in its evolution from the backwater of American 
     politics to the second most powerful position in our 
     government. Almost all of that evolution, under presidents 
     and vice presidents of both parties, has been positive--until 
     now. Under George W. Bush and Dick Cheney, it has gone 
     seriously off track.
        The Founders created the vice presidency as a 
     constitutional afterthought, solely to provide a president-
     in-reserve should the need arise. The only duty they 
     specified was that the vice president should preside over the 
     Senate. The office languished in obscurity and irrelevance 
     for more than 150 years until Richard Nixon saw it as a 
     platform from which to seek the Republican presidential 
     nomination in 1960. That worked, and the office has been an 
     effective launching pad for aspiring candidates since.
        But it wasn't until Jimmy Carter assumed the presidency 
     that the vice presidency took on a substantive role. Carter 
     saw the office as an underused asset and set out to make the 
     most of it. He gave me an office in the West Wing, unimpeded 
     access to him and to the flow of information, and specific 
     assignments at home and abroad. He asked me, as the only 
     other nationally elected official, to be his adviser and 
     partner on a range of issues.
        Our relationship depended on trust, mutual respect and an 
     acknowledgement that there was only one agenda to be served--
     the president's. Every Monday the two of us met privately for 
     lunch; we could, and did, talk candidly about virtually 
     anything. By the end of four years we had completed the 
     ``executivization'' of the vice presidency, ending two 
     centuries of confusion, derision and irrelevance surrounding 
     the office.
        Subsequent administrations followed this pattern. George 
     H.W. Bush, Dan Quayle and Al Gore built their vice 
     presidencies after this model, allowing for their different 
     interests, experiences and capabilities as well as the needs 
     of the presidents they served.
        This all changed in 2001, and especially after Sept. 11, 
     when Cheney set out to create a largely independent power 
     center in the office of the vice president. His was an 
     unprecedented attempt not only to shape administration policy 
     but, alarmingly, to limit the policy options sent to the 
     president. It is essential that a president know all the 
     relevant facts and viable options before making decisions, 
     yet Cheney has discarded the ``honest broker'' role he played 
     as President Gerald Ford's chief of staff.
        Through his vast government experience, through the 
     friends he had been able to place in key positions and 
     through his considerable political skills, he has been 
     increasingly able to determine the answers to questions put 
     to the president--because he has been able to determine the 
     questions. It was Cheney who persuaded President Bush to sign 
     an order that denied access to any court by foreign terrorism 
     suspects and Cheney who determined that the Geneva 
     Conventions did not apply to enemy combatants captured in 
     Afghanistan and Iraq.
        Rather than subject his views to an established (and 
     rational) vetting process, his

[[Page 4611]]

     practice has been to trust only his immediate staff before 
     taking ideas directly to the president. Many of the ideas 
     that Bush has subsequently bought into have proved offensive 
     to the values of the Constitution and have been 
     embarrassingly overturned by the courts.
        The corollary to Cheney's zealous embrace of secrecy is 
     his near total aversion to the notion of accountability. I've 
     never seen a former member of the House of Representatives 
     demonstrate such contempt for Congress--even when it was 
     controlled by his own party. His insistence on invoking 
     executive privilege to block virtually every congressional 
     request for information has been stupefying--it's almost as 
     if he denies the legitimacy of an equal branch of government. 
     Nor does he exhibit much respect for public opinion, which 
     amounts to indifference toward being held accountable by the 
     people who elected him.
        Whatever authority a vice president has is derived from 
     the president under whom he serves. There are no powers 
     inherent in the office; they must be delegated by the 
     president. Somehow, not only has Cheney been given vast 
     authority by President Bush--including, apparently, the 
     entire intelligence portfolio--but he also pursues his own 
     agenda. The real question is why the president allows this to 
     happen.
        Three decades ago we lived through another painful example 
     of a White House exceeding its authority, lying to the 
     American people, breaking the law and shrouding everything it 
     did in secrecy. Watergate wrenched the country, and our 
     constitutional system, like nothing before. We spent years 
     trying to identify and absorb the lessons of this great 
     excess. But here we are again.
        Since the Carter administration left office, we have been 
     criticized for many things. Yet I remain enormously proud of 
     what we did in those four years, especially that we told the 
     truth, obeyed the law and kept the peace.

                          ____________________




                     AMERICA'S WOUNDED WARRIORS ACT

  Mr. BURR. Mr. President, today I rise to discuss S. 2674, a bill I 
introduced to improve and modernize the disability system of the 
Department of Defense and Department of Veterans Affairs so that it 
meets the needs of both our older generations of veterans and our 
wounded warriors coming home today.
  One of the most sacred trusts we make is the one with our veterans. 
Their sacrifices, and the sacrifices of their families, are inspiring. 
The desire to provide these heroes with the benefits and services they 
need and deserve is certainly something we can all agree on.
  With this sacred trust in mind, I recently introduced legislation to 
ensure veterans have a disability system that we can all be proud of--a 
system that is updated to reflect the modern day, is consistent, is not 
overly bureaucratic, and meets the needs of all generations of 
veterans.
  The challenges facing our newer veterans are apparent. Over the past 
few years, I have met with many young servicemembers, some from my home 
State of North Carolina, who have suffered devastating injuries while 
serving in Iraq and Afghanistan. Almost as remarkable as their courage 
and their can-do attitudes, is their outlook about the future.
  These wounded warriors rightfully expect that serious injuries should 
not prevent them from living productive and fulfilling lives. In fact, 
many want nothing less than to return to their units, and with modern 
medicine and technology, many are doing just that.
  But for those who are not able to continue serving, like Ted Wade 
from my home State, they deserve a disability system that meets their 
needs and expectations. We should be giving them--in a quick, hassle 
free, and effective way--the benefits and services they need to return 
to their full and productive lives.
  But, the need for an improved system became very clear last year, 
when news reports detailed how some seriously injured servicemembers at 
Walter Reed endured a lengthy, hard-to-understand, bureaucratic process 
to try to get their disability benefits. This left many injured 
servicemembers and their families frustrated, confused, and 
disappointed. It left our Nation angry and ashamed.
  Let me give you a brief idea of what an injured servicemember may 
have to go through. Consider a young soldier who is injured in Iraq and 
is no longer fit for duty because of his injuries. Before he can be 
discharged from the military, he may go through a lengthy, complex 
process with the Department of Defense to be assigned a disability 
rating between 0 percent and 100 percent.
  If the rating is high enough--30 percent or more--he will get a 
lifetime annuity, health care for his entire family, exchange and 
commissary privileges, and other benefits. If it is below 30 percent, 
he will get only a lump-sum severance payment. But there have been no 
bright-line rules on how these ratings are assigned. Each branch of the 
military has used different procedures, so servicemembers in various 
branches often receive different ratings even for the same injuries.
  After going through that confusing process, the injured soldier may 
then go through a similar bureaucratic process with the Department of 
Veterans Affairs to get a VA rating. That rating will determine not 
only the level of monthly disability compensation he will receive from 
VA, but eligibility for other benefits and services such as vocational 
rehabilitation and priority access to VA health care.
  As if all of that isn't confusing enough, both DOD and VA assign 
those disability ratings based on the same VA rating schedule, but the 
ratings are often different. And, there are complicated rules over how 
much of the benefits from DOD and VA the veteran may receive at the 
same time. If those watching today are as confused by that description 
of the process as I am, imagine what our veterans have to endure.
  On top of all that, the rating schedule used by both VA and DOD to 
determine who gets these critical benefits is completely outdated. This 
schedule was developed in the early 1900s and about 35 percent of it 
has not been updated since 1945.
  The schedule is also riddled with outdated criteria that do not track 
with modern medicine. Take for example traumatic arthritis. The rating 
schedule requires a veteran to show proof of this condition through x-
ray evidence. But doctors today would generally diagnose the condition 
using more modern technology, like an MRI.
  Even worse, experts are telling us the schedule is not adequate for 
rating conditions like post-traumatic stress disorder and traumatic 
brain injury, which are afflicting so many of our veterans from the war 
on terror. Also, experts have told us that the schedule does not 
adequately compensate young, severely disabled veterans; veterans with 
mental disabilities; and veterans who are unemployable.
  So, it's completely understandable why so many veterans are 
frustrated and confused by this system. The question is:
  How do we fix it?
  To help answer that question, two distinguished commissions issued 
reports last year laying out the problems with the system and giving us 
a road map to a modern, more consistent, and simpler system. One 
commission, the President's Commission on Care for America's Returning 
Wounded Warriors, was chaired by former Senator Bob Dole and former 
Secretary Donna Shalala. The other, the Veterans' Disability Benefits 
Commission, was chaired by General James Terry Scott.
  Here are just a few examples of what these commissions found:

       Despite their disability systems' different intents, 
     processes, and outcomes, DOD and VA use the same outdated 
     rating sched-
     ule . . . . [which] has not been completely revised since 
     1945.
       [T]he policies and procedures used by VA and DOD are not 
     consistent and the resulting dual systems are not in the best 
     interest of the injured servicemember nor the nation.
       The purpose of the current veterans disability compensation 
     program . . . is to compensate for average impairment in 
     earning capacity . . . This is an unduly restrictive 
     rationale for the program and is inconsistent with current 
     models of disability.
       The goal of disability benefits should be rehabilitation 
     and reintegration into civilian life'' but that goal ``is not 
     being met.

  These two commissions strongly recommended that we need to: get rid 
of the overlapping, confusing roles of VA and DOD in the disability 
rating process; completely update the VA disability rating schedule; 
compensate veterans for any loss of quality of life,

[[Page 4612]]

while also compensating them for any loss in their earnings capacity; 
and place more emphasis on the treatment and rehabilitation of injured 
veterans.
  As the Dole-Shalala Commission cautioned, ``We don't recommend merely 
patching the system, as has been done in the past. Instead, the 
experiences of these young men and women have highlighted the need for 
fundamental changes.''
  What's interesting to note here is that similar changes to the system 
were recommended in 1956 by a commission led by General Omar Bradley. 
Back in the 1950s, the Bradley Commission wrote in its report: ``Our 
philosophy of veterans' benefits must . . . be modernized and the whole 
structure of traditional veterans' programs brought up to date.'' If my 
math is right that was over 50 years ago. Clearly, we are long overdue 
for some improvements.
  I believe the bill I introduced will start us on the right path to 
making this system more straight-forward, consistent, and modern. Let 
me give you an idea of what America's Wounded Warriors Act would do.
  First, the bill would simplify the DOD process and make it more 
consistent. Any servicemember found unfit for duty--regardless of the 
severity of the disability--would receive a lifetime annuity based on 
rank and years of service and would receive other retirement benefits, 
such as commissary and exchange privileges. Eligibility for TRICARE 
would be determined by Congress or DOD, after further studies on that 
issue.
  These changes would get DOD out of the business of assigning 
disability ratings, ending the duplicative system that now makes 
injured veterans get rated by both DOD and VA. It would also create a 
bright line rule on what benefits a medically discharged servicemember 
would receive. Different branches of the military would no longer 
provide different levels of benefits to servicemembers with the same 
injuries.
  Under my bill, veterans would receive both their entire DOD annuity 
plus any VA disability benefits they are eligible for. This would put 
an end to the confusing practice of offsetting some DOD and VA 
benefits.
  This bill would also help modernize the VA disability system. The 
VA's outdated disability rating schedule would be entirely replaced by 
a new schedule that is based on modern science and medicine. It will 
also take into account the impact that a disability has on both a 
veteran's average loss of earning capacity and loss of quality of life. 
As we now know, quality of life--time spent with family, community and 
nonwork activities--is also affected by disability. Shouldn't our 
disability system reflect the impact service-related disabilities have 
on those important aspects of life, too?
  Also, this bill would provide more emphasis on treatment and 
rehabilitation. Veterans discharged from service because of disability 
would be eligible for transition payments, either during the three 
month period following their separation or during a period of 
rehabilitation. These payments would help cover family living expenses, 
so an injured veteran would be better able to focus on rehabilitation, 
training, and getting back into the workforce. These are commonsense 
options and solutions for today's veterans living in the modern world.
  Lastly, I want all veterans, whether having served in World War II, 
Vietnam, or Afghanistan, to have access to an improved system. My bill 
does not distinguish between combat and non-combat injuries; does not 
leave the outdated rating schedule in place; and does not prevent 
veterans of any generation from choosing to join the new, improved 
system. Also, as recommended by veterans' organizations, my efforts 
were guided by the work of both the Dole-Shalala Commission and the 
Veterans' Disability Benefits Commission.
  How will we actually accomplish the goals of making the system 
simpler, consistent and more modern? Under this bill, the Department of 
Veterans Affairs would conduct a series of studies and would send to 
Congress a proposal outlining a new rating schedule and the amount and 
duration of transition payments. To make sure these recommendations 
don't get put on a shelf to collect dust--as has happened in the past--
the entire VA proposal would be subject to an up-or-down vote by 
Congress.
  If these changes are enacted, it would eliminate the confusion and 
delay now caused by the overlapping VA and DOD functions and put a 
greater emphasis on the recovery of our wounded servicemembers. It 
would update the rating system to take into account modern concepts of 
disability and make sure that veterans are compensated for any loss in 
their quality of life.
  As a final note, I want to acknowledge that reforming the disability 
system may require a large, upfront cost. But, if we do it right, we 
will be making a real investment in the future of our nation's 
veterans. Given the character of the men and women of our Armed Forces, 
this investment will come with little risk and great reward.
  We cannot put this off for another 50 years and hope another 
generation will fix the disability system later. We have young men and 
women returning home from war with devastating injuries that most of us 
could not fathom enduring, let alone at such young ages.
  The sad truth is that, even though the disability system was already 
outdated more than five decades ago, Congress and past administrations 
have not made the necessary changes to keep pace with modern society, a 
changing economy, and new attitudes towards disability. I believe I 
have an idea why: This is really hard stuff. This is a complicated 
system and it is often easier to use band-aids and quick fixes to get 
us through times of crisis. But, the Walter Reed stories showed all of 
us last year that wounded warriors--those injured while fighting in 
Iraq and Afghanistan--are the ones who pay the price for our inaction. 
And every day we continue to wait is another day they continue to pay 
that price. They deserve better.
  We need to listen to the wake-up call that the Walter Reed stories 
sent all of us. We must act now, and that is why I have introduced a 
bill that will update the system to meet the needs and expectations of 
today's veterans and does not leave tomorrow's veterans with a system 
that was already outdated before they were even born. Our veterans 
deserve a system that is more straightforward, up-to-date, and 
consistent and that is open to all.
  Mr. President, I urge my colleagues to remember the ``call to 
action'' we received last year when serious problems were publicly 
exposed at Walter Reed, and I ask them to join me in improving the 
lives of our veterans.

                          ____________________




                 RETIREMENT OF DR. MICHAEL DAVID FREED

  Mr. KENNEDY. Mr. President, I welcome this opportunity to pay tribute 
on the occasion of his retirement to Dr. Michael David Freed of 
Children's Hospital Boston for his service to the hospital and the 
thousands of children and young adults from Massachusetts and beyond 
who have benefited from his care.
  Dr. Freed has had a long and distinguished career at the hospital and 
Harvard Medical School, beginning in 1970, when he arrived to complete 
his fellowship training. At Children's Hospital, he rose to become 
senior associate in cardiology in 1976 and chief of the Division of 
Inpatient Cardiology in 1996.
  Dr. Freed is a physician's physician. His commitment to providing the 
best possible care for children with heart disease is unwavering. He 
has used his breadth and depth of knowledge, his clarity of thought, 
his empathy, and his sense of humor to train more than 200 pediatric 
cardiology fellows and innumerable pediatric residents in the 
fundamentals of congenital heart disease. As a member of the Sub-board 
of Pediatric Cardiology, he ensured the highest quality of care by 
setting standards for board certification for young pediatric 
cardiologists.
  At Children's Hospital, Dr. Freed has chaired or served on more than 
two dozen committees, projects, and task forces, ranging from quality 
improvement and patient care to graduate

[[Page 4613]]

medical education and governance. His contributions extend well beyond 
Boston. He has served on the executive committees of all three major 
national organizations in his field--the American Heart Association, 
the American Academy of Pediatrics, and the American College of 
Cardiology, where he currently serves on the board of trustees. He is 
also a member of editorial boards in the field of cardiology, and 
regularly has been included on lists of ``top physicians'' ranging from 
the book ``Best Doctors in America'' to Good Housekeeping and Boston 
Magazine. He is consulted by other pediatric cardiologists from around 
the world who seek his opinion on the care of their patients.
  Dr. Freed has also written extensively in the field of pediatric 
cardiology and cardiac surgery and is particularly recognized for his 
work in the newborn physiology of congenital heart disease, infective 
endocarditis, and valvular heart disease. He has authored more than 60 
original articles, contributed more than 40 reviews, chapters, and 
editorials, and developed more than 25 clinical communications and 
instructive CD ROMs. His leadership in establishing clinical practice 
guidelines for early postoperative management of children in Boston 
undergoing open-heart surgery was a model for the development of such 
guidelines nationally. In addition, he has been a member of national 
working groups to develop guidelines on optimal care of individuals 
with heart disease.
  I commend Dr. Freed for his outstanding career and his achievements 
in improving the quality of care for children and young people with 
congenital heart disease in Boston and throughout the world, and I wish 
him well in retirement.

                          ____________________




                       HONORING OUR ARMED FORCES


                   Staff Sergeant Michael D. Elledge

  Mr. SALAZAR. Mr. President, I rise today to honor the life of SSG 
Michael Elledge of Fort Carson, CO. On March 17, a bomb exploded near 
the humvee Sergeant Elledge was driving, killing him and SPC 
Christopher C. Simpson, of Hampton, VA. Sergeant Elledge was assigned 
to C Company, 1st Battalion, 68th Armored Regiment, 4th Infantry 
Division, out of Fort Carson, CO. He was 41 years old.
  Those who knew Mike Elledge describe him as a man committed to his 
family, faith, and duty to his country. He first donned a uniform after 
graduating from high school in Michigan in 1985. He served 4 years with 
the Marines. After discharging, he became a licensed aircraft mechanic 
and moved to Indiana, where he took a job with United Airlines. For 14 
years he worked for United, lived in Brownsburg, and raised three 
children--Christopher, Caleb, and Cassidy--with his wife Carleen.
  But Mike's life changed after the attacks of September 11, 2001. We 
cannot forget that the tragedies of that day were not confined to New 
York, Washington, and Pennsylvania. The ripples quickly spread to all 
corners of the country as people learned of friends and family members 
who were hurt or killed and as the economic impacts hit home with job 
losses and dislocations.
  Mike was among the tens of thousands of Americans who lost their job 
in the wake of the September 11 attacks. United Airlines, struggling to 
recover after the disaster, closed the doors on its Brownsburg 
facility, leaving Mike without a job.
  We each have our own way of confronting adversity in our lives. For 
Michael Elledge, the terror and tragedy of September 11 was a call to 
service--a call to reenlist. So, at age 38, Sergeant Elledge joined the 
Army. In 2005, he deployed to Iraq for a 1-year rotation. Last 
December, he and the Third Brigade Combat Team out of Fort Carson 
deployed again, this time for a projected 15-month tour.
  Sergeant Elledge carried his deeply rooted faith into battle with 
him. His friends say he was passionately committed to helping Iraqis 
build a country where they could enjoy freedom and security. For this, 
Sergeant Elledge embodied the best of a soldier--he was devoted to his 
duty with the knowledge that his service could make others' lives 
better.
  This is the type of citizen that Americans have celebrated for 
generations. President Theodore Roosevelt, in a speech at the Sorbonne 
in Paris in 1910, praised the values that Sergeant Elledge embodied and 
claimed that it is the ``man in the arena'' who makes history.
  ``It is not the critic who counts,'' said President Roosevelt, ``not 
the man who points out how the strong man stumbles, or where the doer 
of deeds could have done them better. The credit belongs to the man who 
is actually in the arena, whose face is marred by dust and sweat and 
blood; who strives valiantly; who errs, who comes short again and 
again, because there is no effort without error and shortcoming; but 
who does actually strive to do the deeds; who knows great enthusiasms, 
the great devotions; who spends himself in a worthy cause; who at the 
best knows in the end the triumph of high achievement, and who at the 
worst, if he fails, at least fails while daring greatly, so that his 
place shall never be with those cold and timid souls who neither know 
victory nor defeat.''
  Mr. President, Sergeant Elledge knew what a difference he could make 
and was not afraid to make it. He was the ``man in the arena'' for whom 
President Roosevelt had such high praise.
  No words or ceremony, of course, can properly honor the life and loss 
of a soldier like Sergeant Elledge, but we wish to console his friends 
and family and remember his contributions. That is why scores of 
firefighters lined the overpasses of Sacramento, CA, to honor his 
return; that is why flags are flying in his hometown of Placerville, 
MI; and that is why the bugles will sound at Fort Carson in Colorado 
Springs.
  To Sergeant Elledge's wife, Carleen, his sons, Christopher and Caleb, 
his daughter, Cassidy, his mother, Marion, and to all his friends and 
family, our thoughts and prayers are with you. No words can lessen the 
pain and grief that you feel, but I hope that in time your sorrow will 
be salved by the knowledge that Mike served his country with honor and 
that we are all grateful for his courage, his sacrifice, and his 
heroism. He will never be forgotten.


                     Staff Sergeant David D. Julian

  Mr. BARRASSO. Mr. President, I rise today to express our Nation's 
deepest thanks and gratitude to a special young man and his family. I 
was saddened to receive word that on March 10, 2008, SSG David Julian 
of Evanston, WY, was killed in the line of duty while serving our 
country in the war on terrorism. Along with four of his fellow 
soldiers, Staff Sergeant Julian died from injuries he sustained in a 
suicide bomber attack in Baghdad, Iraq.
  Staff Sergeant Julian was assigned to D Company, 1st Battalion, 64th 
Armor Regiment, 3rd Infantry Division, Fort Stewart, GA. He joined the 
Army right after his graduation from Evanston High School in 1994. He 
loved the Army and his country and was serving his fourth tour of duty 
in Iraq. Following his first tour, he laid the wreath for the 
dedication of the Fallen Comrade Memorial in downtown Evanston. He was 
laid to rest in his hometown, where he was remembered by family and 
friends as a determined and courageous warrior, an honorable soldier, 
and a loving husband and father.
  It is because of David Julian that we continue to live safe and free. 
America's men and women who answer the call to service and wear our 
Nation's uniform deserve respect and recognition for the enormous 
burden that they willingly bear. They put everything on the line every 
day, and because of them and their families, our Nation remains free 
and strong in the face of danger.
  In the Book of John, Jesus said that, ``Greater love has no man than 
this, that he lay his life down for his friend.'' SSG David Julian gave 
his life, that last full measure of devotion, for you, me, and every 
single American. He gave his life defending his country and its people, 
and we honor him for this selfless sacrifice.
  Staff Sergeant Julian is survived by his wife Erin and baby daughter 
Elizabeth, his mother Bonnie and father Wally, brothers Eric, Chris, 
and Mark,

[[Page 4614]]

and sisters Misty, Becky, and Kellee. He is also survived by his 
brothers and sisters in arms of the U.S. Army. We say goodbye to a 
husband, a father, a son, a brother, and an American soldier. Our 
Nation pays its deepest respect to SSG David D. Julian for his courage, 
his love of country, and his sacrifice, so that we may remain free. He 
was a hero in life and he remains a hero in death. All of Wyoming, and 
indeed the entire Nation, is proud of him. May God bless him and his 
family and welcome him with open arms.

                          ____________________



  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)

                       SECOND CHANCE ACT OF 2007

 Mr. OBAMA. Mr. President, I wish to speak in favor of the 
Second Chance Act of 2007, a bill to strengthen community safety by 
improving the reintegration of people returning from prison. The Senate 
recently passed this measure, and I am proud to have worked over the 
past few years with Senators Biden, Brownback, and Specter to see this 
important bill reach this point. Having passed in the House as well, 
the Second Chance Act is now ready for President Bush's signature, and 
I urge him to sign this bill into law as soon as possible.
  We have a broken criminal justice system and too many people are 
caught in its web, especially African-American men, nearly a third of 
whom will enter State or Federal prison during their lives. What is 
equally tragic is that nearly two-thirds of the 1,800 people released 
from prison every day return to jail within 3 years.
  The stark reality is that most communities where prisoners go upon 
release already struggle with highly concentrated poverty, 
unemployment, fragile families, and a dearth of jobs. And even if 
released prisoners do find a promising job opportunity, they often face 
employer resistance to hiring people with criminal backgrounds. In many 
cases, they will fail to become fully rehabilitated and go on to commit 
more crimes.
  We must end this revolving door of failure. We must create a pathway 
for people coming out of jail to get the jobs, skills, and education 
they need to reject a life of crime in favor of honest contributions to 
their communities.
  There is no question that breaking the law should have consequences. 
And it is true that we have to do more as parents to teach our children 
that violence is always wrong. But if convicted offenders are not given 
the tools they need to become constructive members of our communities 
after they serve their time, we all suffer the consequences.
  That is why the passage of the Second Chance Act is so important. 
This measure will support faith- and community-based organizations 
working with State and local authorities to give former prisoners a 
second chance at a meaningful life. It makes funding available for 
transitional jobs programs and housing, for support health services, 
and educational needs. Moreover, priority is given to projects that 
serve communities with large ex-prisoner populations and to those that 
do a good job of reintegrating their participants.
  Again, I commend my colleagues in the Senate and House of 
Representatives, Democrats and Republicans, who supported the Second 
Chance Act. I urge the President of the United States to act quickly to 
enact this bill into law.

                          ____________________



  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)

             VISIT OF AUSTRALIAN PRIME MINISTER KEVIN RUDD

 Mr. OBAMA. Mr. President, I would like to extend my sincere 
welcome to the Honorable Kevin Rudd, who is making his first trip to 
the United States as the newly elected Prime Minister of Australia. 
This is a historic visit during a time of transition for both our 
nations.
  Yesterday, I spoke with Prime Minister Rudd and congratulated him on 
his election as the first Labor Party Prime Minister in 11 years. I 
assured him of my personal commitment to maintaining a strong bilateral 
relationship between our nations in the years to come and discussed our 
common interest in advancing peace and prosperity for the people of the 
United States, Australia, and the world.
  The alliance between the United States and Australia is deep and 
strong and has stood the test of changing times. Labor Party leader 
John Curtain, along with President Franklin D. Roosevelt, established 
the United States-Australia alliance in 1942. Prime Minister Rudd's 
trip affirms the strategic value of this relationship and the 
friendship between our people, which has endured across generations and 
administrations.
  The United States-Australia alliance is a cornerstone of security and 
prosperity both in the Asia-Pacific region and globally. Our two 
nations are bound by shared interests, shared values, and a common 
heritage--bonds that were forged in all major wars the United States 
was involved in during the 20th century, a distinction unique to 
Australia. And, as a new century dawns, we are beginning to write a new 
and important chapter in the bilateral relationship.
  Indeed, during his first press conference the day after his election, 
Prime Minister Rudd reiterated his strong commitment to the United 
States-Australia alliance, a deep commitment to a partnership of equals 
that I share.
  Like the United States, Australia is trans-Pacific in orientation, 
and for this reason our perspectives and perceptions about regional and 
global affairs are often tightly aligned. The United States benefits 
from an Australia that can act as a regional leader in East Asia but 
one with global interests and capabilities as well.
  The Prime Minister's visit provides an opportunity for the people of 
America to express our deep appreciation for Australia's contributions 
in combating al-Qaida. We will never forget that following the attacks 
on September 11, 2001, Australia invoked the ANZUS treaty in support of 
the United States.
  Australia has deployed some 1,000 troops in Afghanistan to the 
International Security Assistance Force, as well as about 1,500 combat 
and support troops in Iraq. Prime Minister Rudd has also demonstrated 
real leadership in tackling the critical global challenge of climate 
change. Within a few weeks of assuming office, the Prime Minister 
successfully pushed for the ratification of the Kyoto Protocol as one 
of the first official acts of his administration. He personally led 
Australia's delegation to Bali, Indonesia, to participate in 
international negotiations on a post-Kyoto protocol.
  In Asia, the quality of our alliance and scope of our diplomatic 
partnership shine brightly. We both face a rapidly evolving security 
order defined by traditional and nontraditional security problems. 
These include changing regional power dynamics and rivalries, 
territorial disputes, resource competition, terrorism, proliferation of 
weapons of mass destruction, failed states, environmental degradation, 
and pandemic diseases. Managing this complex blend of security 
challenges requires leveraging both bilateral and multilateral 
mechanisms.
  The Asia-Pacific Economic Cooperation, APEC, organization, in which 
Australia took the lead in creating in 1989, has advanced economic 
liberalization and integration throughout the Asia-Pacific. Australia's 
involvement in the East Asia Summit since its inception is a welcome 
development. The Trilateral Security Dialogue among the United States, 
Australia, and Japan has become an important channel for coordinating 
policy and combining capabilities in addressing emerging security 
challenges in the Asia-Pacific.
  As the security order in Asia evolves, Australian participation, 
leadership, and defense of our common values and interests are critical 
to building open, inclusive, transparent, and flexible regional 
structures and arrangements. The new arrangements cannot replace 
America's bilateral alliances--alliances which are not directed at any 
one nation but which have served as the foundation for peace and 
stability in Asia

[[Page 4615]]

for nearly half a century. But these new mechanisms, building on our 
traditional alliances, can help sustain the conditions for Asia's peace 
and prosperity to continue.
  Prime Minister Rudd brings special skills and experiences to this new 
chapter in United States-Australia relations. His progressive domestic 
policy agenda, innovative and realistic diplomacy, and optimistic 
vision enrich the already solid base of our bilateral dialogue, 
reminding us that we can accomplish more when we listen to our friends 
and allies than when we lecture them.
  Prime Minister Rudd's visit is an opportunity to rededicate ourselves 
to the United States-Australia alliance and to our broader bilateral 
relationship. America's foreign policy, national security and economic 
interests gain greatly from the deep ties with our friends down 
under.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

               RECOGNIZING THE ECONOMIC DEVELOPMENT CENTER

 Mr. BOND. Mr. President the first small business incubator in 
St. Charles County was opened 15 years ago in March 1993 by the 
Economic Development Center at 5988 Mid Rivers Mall Drive in St. 
Peters, MO.
   The EDC business incubator has become a landmark in the heart of St. 
Charles County serving as a beacon for new entrepreneurs and business 
owners and hosting countless special events for the business community 
and general public.
   More than 150 companies with 500 jobs have graduated from the EDC 
incubator into the general marketplace and grown those jobs into more 
than 1,000 impacting St. Charles County and the St. Louis region.
   The EDC incubator facilities provide startup assistance, month-to-
month leases, shared office equipment, conference rooms, professional 
support staff, and access to important resources such as training and 
financial assistance; and,
   When the EDC opened its doors in 1993, St. Charles County had a 
total labor force of 132,602, total population of 232,360, and total 
assessed valuation of less than $2 billion.
   Thanks to the efforts of the EDC and a myriad of organizations and 
individuals in St. Charles County, today the area has a total labor 
force of 189,862, total population of nearly 350,000, and total 
assessed valuation of more than $7 billion.
   Local community leaders in business and government along with State 
and Federal officials helped to foster the development and dynamic 15-
year track record of the EDC's business incubator and other specialized 
business services.
   The tremendous impact and importance of the Economic Development 
Center's small business incubator facility will certainly continue to 
grow successful businesses, well-paying local jobs, the expanding local 
tax base, and the exceptional quality of life enjoyed in St. Charles 
County, MO.

                          ____________________




                        TRIBUTE TO ROBERT DOOLEY

 Mr. BOND. Mr. President, since his college graduation from 
Quincy University in 1982, Mr. Robert Dooley has been teaching high 
school and middle school band and vocal music at Clark County R-1 High 
School. Throughout his teaching career, Mr. Dooley has instructed 2,823 
students in band alone at the Clark County R-1 High School. In 
addition, Mr. Dooley has brought together over 150 parents and 
volunteers to bolster the Fine Arts Booster Organization in Clark 
County, which has fundraised, supported, and made possible the fine 
arts department in Clark County.
  Clark County R-1 School has one of the finest music and band programs 
in the State of Missouri. In 2006 Mr. Dooley was named Kiwanis Club 
Teacher of the Year and received the Missouri Association of Rural 
Education Outstanding Rural Secondary Teacher of the Year Award. In 
June 2008, the Marching Indians will be traveling to Hawaii to march in 
the King Kamehameha Parade and will perform at Pearl Harbor aboard the 
USS Missouri. These achievements are due largely to Mr. Robert Dooley's 
commitment to excellence in teaching and inspiring the young musicians 
in Clark County.
  Having a strong school system is a strong asset for any community. 
Mr. Dooley's talents and achievements in teaching at Clark County R-1 
School have added great value to the Clark County R-1 School district 
and the lives of the children and families in that community. 

                          ____________________




                       ARTHUR LYONS: IN MEMORIAM

 Mrs. BOXER. Mr. President, I wish to honor and share with my 
colleagues the memory of a very special man, Arthur Lyons of Palm 
Springs, who died March 21, 2008. He was 62 years old.
  Arthur Lyons was a man of many talents and will be fondly remembered 
for his groundbreaking work with film noir cinema, his success as an 
author, his dedication to the city of Palm Springs, and his love for 
the environment.
  Arthur was born on January 5, 1946, in Los Angeles, CA. His family 
moved to Palm Springs when Arthur was 11. After graduating from the 
University of California at Santa Barbara in 1967, Arthur tapped into 
his lifelong passion for film noir and began writing as a novelist, a 
screenwriter for Universal Studios, and as a cofounder of the Writers 
Conference, among other projects.
  Arthur wrote his first novel, ``The Dead Are Discreet'', in 1974 and 
went on to author 23 more books, many of them mystery novels, including 
the successful Jacob Ashe detective series. His nonfiction sensation, 
``Death on the Cheap: The Lost B Movies of Film Noir'', reflected his 
interest in film noir cinema, the traditional Hollywood crime dramas of 
the 1940s and 1950s. After writing crime novels for over 25 years, 
Arthur partnered with Craig Prater in 2001 to launch the Palm Springs 
Film Noir Festival--one of the first such festivals in the Nation. A 
man of unbridled enthusiasm for the film noir style, Arthur would 
encourage attendees to dress up in mobster-style clothing that was 
typical of that Hollywood era.
  A member of the Palm Springs City Council from 1992 to 1995, Arthur 
was an advocate of energy deregulation in California and helped create 
Palm Springs Energy Services. During his time on the city council, 
Arthur also helped to create Palm Springs Villagefest, a street fair 
held every Thursday that hosts food booths, a certified farmer's 
market, and craft and artisan booths. In recognition of his positive 
contributions to the Palm Springs community, Arthur was honored with 
the 287th Golden Palm Star on May 30, 2007.
  Those who knew Arthur Lyons recognized him as a uniquely passionate 
and brilliant man. He took pride in promoting causes that he held close 
to his heart. His work as an author, screenwriter, director, and 
elected official will be remembered fondly by all those whose lives he 
touched. He will be deeply missed.
  Arthur is survived by his wife Barbara Lyons and his uncle David 
Lyons.

                          ____________________




            RECOGNIZING THE BAY AREA GREEN BUSINESS PROGRAM

 Mrs. BOXER. Mr. President, I take this opportunity to 
recognize the 10th anniversary of the Bay Area Green Business Program 
in Contra Costa County, the Contra Costa Green Business Program.
  Founded in 1998, the Contra Costa Green Business Program was one of 
the first green business programs to be established in the nine-county 
Bay area region. Composed of a partnership between local, regional, 
State, and Federal Government agencies and utilities, the Bay Area's 
Green Business Programs help local businesses throughout the Bay area 
proactively conserve resources, prevent pollution, and minimize waste.
  Californians have always led the way in fighting for a clean 
environment. I applaud the Contra Costa Green Business Program for 
strengthening and

[[Page 4616]]

sustaining the quality of the environment in the county through a 
collaborative partnership of public and private organizations that 
encourages, enables, and recognizes businesses taking action to prevent 
pollution and conserve resources.
  Breaking with the tradition of environmental initiatives targeting 
big businesses, the Contra Costa Green Business Program offers small- 
to medium-sized businesses a complete environmental guide, scaled to 
their operations, for conserving energy and water, reducing waste, 
preventing pollution, and complying with environmental regulations. It 
also certifies and recognizes businesses of all types for meeting these 
rigorous environmental standards.
  The Contra Costa Green Business Program has certified over 300 
businesses throughout the county in the last 10 years. I commend the 
program's dedicated staff and volunteers who work diligently to show 
local businesses how they can be both green and profitable at the same 
time. By recommending a wide range of measures that help lessen 
greenhouse gas emissions and conserve resources, the Contra Costa Green 
Business Program is helping smaller businesses protect the climate in 
very meaningful ways.
  I congratulate the Contra Costa Green Business Program for its 
dedicated work on this special occasion, and I send my best wishes for 
many future successes over the next 10 years.

                          ____________________




                     TRIBUTE TO REBBECA WOOD WATKIN

 Mrs. BOXER. Mr. President, I am pleased and honored to salute 
my dear friend Rebecca ``Becky'' Wood Watkin as she celebrates her 95th 
birthday.
  Born on April 4, 1913, in Portland, OR, Becky graduated from Bryn 
Mawr College in 1933 and went on to the University of Pennsylvania to 
study architecture. Undeterred by the fact that the Architecture 
Department did not accept female students at that time, Becky completed 
all required courses and became the first woman graduate in 
architecture from the University of Pennsylvania in 1937. That same 
year, Becky relocated to San Francisco and applied at a variety of 
architectural firms, none of which wanted a woman in the drafting room. 
Despite her difficulties with finding employment in the male-dominated 
workforce, Becky persevered, earning her California architectural 
license in 1944.
  A vanguard for aspiring women professionals everywhere, Becky opened 
her own architectural practice in Marin County in 1951. In the midst of 
these professional milestones, Becky also gave birth to three wonderful 
children. As a working mother, Becky looked for ways to use her 
personal and professional talents to help those in need, becoming a 
tremendous source of support and energy to causes that she believed 
helped the community, including the Ecumenical Housing Association and 
Planned Parenthood.
  Mr. President, 1948 saw Becky enter the political realm for the first 
time, by fundraising for Roger Kent, a local Democratic candidate for 
Congress. This initial political activity 60 years ago spearheaded a 
lifelong involvement with Democratic politics, a passion of Becky's 
that allowed her to work on the presidential campaigns for Adlai 
Stevenson, John Kennedy, Eugene McCarthy, George McGovern, and Jimmy 
Carter.
  Inspired by Becky's trailblazing story and her fervent belief in good 
government, I first met Becky in the late 1970s when she helped me get 
reelected to the Marin County Board of Supervisors in 1980. As a young 
working mother myself, Becky quickly became a deeply admired mentor. As 
the years passed and our friendship grew, she was instrumental in 
helping me move up the political ladder to the House of Representatives 
and then to the U.S. Senate.
  As we celebrate the 95th year of her remarkably courageous and 
passionate life, I remain in admiration of Becky's strong sense of 
civic duty, honesty, integrity, and perseverance. Along with hundreds 
of her family, friends, and admirers, I wish her many more years of 
continued happiness.

                          ____________________




                    IN RECOGNITION OF JAMES H. ADAMS

 Mr. GREGG. Mr. President, on February 29, 2008, James H. Adams 
of Pittsfield, NH, retired as manager of the New Hampshire/Vermont 
District of the U.S. Postal Service after 35 years of service. I wish 
to thank Jim for all he has done for the people of New Hampshire over 
that time and for his efforts which have resulted in New Hampshire's 
outstanding reputation for mail operations, customer service, and 
worker safety.
  Starting as a letter carrier in Manchester in 1973, Jim's career 
began when the price of a stamp cost a whopping 3 cents for a first 
class letter. His determination and drive for self-improvement soon led 
to night school classes and a degree in business management, and his 
talents were recognized with promotion to delivery supervisor, then 
superintendent of postal operations, in Concord, NH. He left our State 
for a time, tackling the duties of director of marketing for the Post 
Office in Syracuse, NY, then in a number of positions of increasing 
responsibility with the Postmaster General's Office in Washington, DC.
  During his time in Washington, Jim worked with five U.S. Presidents 
and helped to develop several commemorative stamps, including those 
honoring our troops of Desert Storm, POW/MIAs, and even Elvis. He 
unveiled five World War II commemorative stamps to President George H. 
W. Bush in the Oval Office and was relied upon in Washington for his 
professional and personal knowledge of all facets of postal operations, 
his competent advice, and for the personal integrity with which he 
always conducted himself.
  His return to New Hampshire to head the district in 1997 led to 
dramatic improvements in its operations. Overseeing a $500 million 
budget and 7,000 employees, Jim turned the district into one of the top 
10 safest in the Nation. Similarly, with 6 million pieces of mail 
delivered each day in New Hampshire and Vermont, Jim's efforts led to a 
96-percent on-time mail delivery record and the establishment of 
customer service that has been recognized as Best in the Nation for 
each of the past 6 years.
  Beyond his professional accomplishments, which are many, Jim has 
remained true to his small-town roots and the honesty and decency of 
his upbringing. Pittsfield and all of New Hampshire can be proud of him 
and his success, and I am especially glad to have had the opportunity 
to work with Jim to serve the people of New Hampshire. Whether helping 
obtain a sought-after ZIP Code number to serve an entire community or 
making a personal commitment to ensuring an elderly or disabled 
customer off the beaten track received their mail at home, Jim 
dedicated himself to meeting the needs of those who counted on the U.S. 
mail coming through.
  He can take great pride in his record of service. I want to take this 
opportunity to thank him, to recognize his contributions, and to wish 
him well in all his future endeavors.

                          ____________________




                        MESSAGES FROM THE HOUSE

                                 ______
                                 

                          ENROLLED BILL SIGNED

  The President pro tempore (Mr. Byrd) reported that he had signed the 
following enrolled bill, which was previously signed by the Speaker of 
the House:

       H.R. 1593. An act to reauthorize the grant program for 
     reentry of offenders into the community in the Omnibus Crime 
     Control and Safe Streets Act of 1968, to improve reentry 
     planning and implementation, and for other purposes.
                                  ____

  At 2:22 p.m., a message from the House of Representatives, delivered 
by Ms. Niland, one of its reading clerks, announced that the House has 
passed the following bills, in which it requests the concurrence of the 
Senate:

       H.R. 1187. An act to expand the boundaries of the Gulf of 
     the Farallones National Marine Sanctuary and the Cordell Bank 
     National Marine Sanctuary, and for other purposes.

[[Page 4617]]


       H.R. 2342. An act to direct the President to establish a 
     National Integrated Coastal and Ocean Observation System, and 
     for other purposes.
       H.R. 2515. An act to authorize appropriations for the 
     Bureau of Reclamation to carry out the Lower Colorado River 
     Multi-Species Conservation Program in the States of Arizona, 
     California, and Nevada, and for other purposes.
       H.R. 2675. An act to provide for the conveyance of 
     approximately 140 acres of land in the Ouachita National 
     Forest in Oklahoma to the Indian Nations Council, Inc., of 
     the Boy Scouts of America, and for other purposes.
       H.R. 3352. An act to reauthorize and amend the Hydrographic 
     Services Improvement Act, and for other purposes.
       H.R. 3651. An act to require the conveyance of certain 
     public land within the boundaries of Camp Williams, Utah, to 
     support the training and readiness of the Utah National 
     Guard.
       H.R. 3891. An act to amend the National Fish and Wildlife 
     Foundation Establishment Act to increase the number of 
     Directors on the Board of Directors of the National Fish and 
     Wildlife Foundation.
       H.R. 4933. An act to amend the Lacey Act Amendments of 1981 
     to protect captive wildlife and to make technical 
     corrections, and for other purposes.

  The message also announced that the House has passed the following 
concurrent resolution, in which it requests the concurrence of the 
Senate:

       H. Con. Res. 302. Concurrent resolution supporting the 
     observance of Colorectal Cancer Awareness Month, and for 
     other purposes.

                          ____________________




                           MEASURES REFERRED

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

       H.R. 1187. To expand the boundaries of the Gulf of the 
     Farallones National Marine Sanctuary and the Cordell Bank 
     National Marine Sanctuary, and for other purposes; to the 
     Committee on Commerce, Science, and Transportation.
       H.R. 2342. An act to direct the President to establish a 
     National Integrated Coastal and Ocean Observation System, and 
     for other purposes; to the Committee on Commerce, Science, 
     and Transportation.
       H.R. 2515. An act to authorize appropriations for the 
     Bureau of Reclamation to carry out the Lower Colorado River 
     Multi-Species Conservation Program in the States of Arizona, 
     California, and Nevada, and for other purposes; to the 
     Committee on Energy and Natural Resources.
       H.R. 2675. An act to provide for the conveyance of 
     approximately 140 acres of land in the Ouachita National 
     Forest in Oklahoma to the Indian Nations Council, Inc., of 
     the Boy Scouts of America, and for other purposes; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       H.R. 3352. An act to reauthorize and amend the Hydrographic 
     Services Improvement Act, and for other purposes; to the 
     Committee on Energy and Natural Resources.
       H.R. 3651. An act to require the conveyance of certain 
     public land within the boundaries of Camp Williams, Utah, to 
     support the training and readiness of the Utah National 
     Guard; to the Committee on Energy and Natural Resources.
       H.R. 3891. An act to amend the National Fish and Wildlife 
     Foundation Establishment Act to increase the number of 
     Directors on the Board of Directors of the National Fish and 
     Wildlife Foundation; to the Committee on Environment and 
     Public Works.
       H.R. 4933. An act to amend the Lacey Act Amendments of 1981 
     to protect captive wildlife and to make technical 
     corrections, and for other purposes; to the Committee on 
     Environment and Public Works.

  The following concurrent resolution was read, and referred as 
indicated:

       H. Con. Res. 302. Concurrent resolution supporting the 
     observance of Colorectal Cancer Awareness Month, and for 
     other purposes; to the Committee on Health, Education, Labor, 
     and Pensions.

                          ____________________




                          MEASURES DISCHARGED

  The following measure was discharged from the Committee on Health, 
Education, Labor, and Pensions by unanimous consent, and referred as 
indicated:

       S. 2756. A bill to amend the National Child Protection Act 
     to 1993 to establish a permanent background check system; to 
     the Committee on the Judiciary.

                          ____________________




                   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-5502. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Pyraclostrobin; Pesticide Tolerance'' (FRL No. 8355-4) 
     received on March 20, 2008; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-5503. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Milk in Appalachian, Florida and Southeast Marketing Area--
     Interim Order'' (Docket No. DA-07-03-A) received on March 25, 
     2008; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-5504. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Raisins Produced from Grapes Grown in California; Final 
     Free and Reserve Percentages for 2007-08 Crop Natural 
     Seedless Raisins'' (Docket No. AMS-FV-07) received on March 
     25, 2008; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-5505. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Marketing Order Regulating the Handling of Walnuts Grown in 
     California; Order Amending Marketing Order No. 984'' (Docket 
     No. FV06-984-1) received on March 25, 2008; to the Committee 
     on Agriculture, Nutrition, and Forestry.
       EC-5506. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Multi-Year Increase in Fees and Charges for Egg, Poultry, 
     and Rabbit Grading and Auditing Services'' (Docket No. AMS-
     PY-07-0065) received on March 25, 2008; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-5507. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Nectarines and Peaches Grown in California; Changes in 
     Handling Requirements for Fresh Nectarines and Peaches'' 
     (Docket No. AMS-FV-07-0160) received on March 25, 2008; to 
     the Committee on Agriculture, Nutrition, and Forestry.
       EC-5508. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Tomatoes Grown in Florida; Decreased Assessment Rate'' 
     (Docket No. AMS-FV-07-0114) received on March 25, 2008; to 
     the Committee on Agriculture, Nutrition, and Forestry.
       EC-5509. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Honey Packers and Importers Research, Promotion, Consumer 
     Education and Industry Information Order; Referendum 
     Procedures'' (Docket No. AMS-FV-06-0176) received on March 25 
     , 2008; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-5510. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Hazelnuts Grown in Oregon and Washington; Establishment of 
     Interim Final and Final Free and Restricted Percentages for 
     the 2007-2008 Marketing Year'' (Docket No. AMS-FV-07-0150) 
     received on March 25, 2008; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-5511. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Onions Grown in South Texas; Order Amending Marketing Order 
     No. 959'' (Docket No. AO-322-A4) received on March 25, 2008; 
     to the Committee on Agriculture, Nutrition, and Forestry.
       EC-5512. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Marketing Order Regulating the Handling of Avocados Grown 
     in South Florida; Order Amending Marketing Order No. 915'' 
     (Docket No. FV06-915-2) received on March 25, 2008; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-5513. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Tart Cherries Grown in the States of Michigan, et al.; 
     Final Free and Restricted Percentages for the 2007-2008 Crop 
     Year for Tart Cherries'' (Docket No. AMS-FV-07-0119) received 
     on March 25, 2008; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-5514. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Olives Grown in California; Decreased Assessment Rate'' 
     (Docket No. AMS-FV-07-0155) received on March 25, 2008; to 
     the Committee on Agriculture, Nutrition, and Forestry.
       EC-5515. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting,

[[Page 4618]]

     pursuant to law, the report of a rule entitled 
     ``Myclobutanil; Pesticide Tolerance'' (FRL No. 8356-2) 
     received on March 25, 2008; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-5516. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Boscalid; Pesticide Tolerance'' (FRL No. 8354-4) received 
     on March 25, 2008; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-5517. A communication from the Chief Counsel, Bureau of 
     Public Debt, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Sale and 
     Issue of Marketable Book-Entry Treasury Bills, Notes and 
     Bonds--Minimums and Multiple Amounts Eligible for STRIPS, 
     Legacy Treasury Direct, and Certification Requirements'' 
     (Docket No. BPD GSRS 08-01) received on March 19, 2008; to 
     the Committee on Banking, Housing, and Urban Affairs.
       EC-5518. A communication from the Deputy Secretary, 
     Division of Trading and Markets, Securities and Exchange 
     Commission, transmitting, pursuant to law, the report of a 
     rule entitled ``Proposed Rule Changes of Self-Regulatory 
     Organizations'' (RIN3235-AJ80) received on March 25, 2008; to 
     the Committee on Banking, Housing, and Urban Affairs.
       EC-5519. A communication from the Secretary, Federal Trade 
     Commission, transmitting, pursuant to law, an annual report 
     relative to the actions taken by the Commission relative to 
     the Fair Debt Collection Practices Act during fiscal year 
     2007; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-5520. A communication from the Chairman and President, 
     Export-Import Banks of the United States, transmitting, 
     pursuant to law, a report relative to the export of eight 
     Boeing 737-800 aircraft to Turkey; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-5521. A communication from the Regulatory Specialist, 
     Legislative and Regulatory Activities Division, Department of 
     the Treasury, transmitting, pursuant to law, the report of a 
     rule entitled ``Lending Limits'' (RIN1557-AD08) received on 
     March 24, 2008; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-5522. A communication from the General Deputy Assistant 
     Secretary for Community Planning and Development, Department 
     of Housing and Urban Development, transmitting, pursuant to 
     law, a report entitled, ``Annual Homeless Assessment Report 
     to Congress''; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-5523. A communication from the Secretary of 
     Transportation, transmitting, pursuant to law, a report 
     entitled, ``Fundamental Properties of Asphalts and Modified 
     Asphalts--II''; to the Committee on Commerce, Science, and 
     Transportation.
       EC-5524. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Advanced 
     Television Systems and Their Impact Upon the Existing 
     Television Broadcast Service'' (FCC Docket No. 08-72) 
     received on March 25, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-5525. A communication from the Deputy Division Chief, 
     Wireless Telecommunications Bureau, Federal Communications 
     Commission, transmitting, pursuant to law, the report of a 
     rule entitled ``Amendment of the Commission's Rules Governing 
     Hearing Aid-Compatible Mobile Handsets, Petition of American 
     National Standards Institute Accredited Standards Committee'' 
     (FCC Docket No. 08-68) received on March 25, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-5526. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Approval and Promulgation of Air Quality Implementation 
     Plans; Louisiana; Approval of 8-Hour Ozone Section 110(a)(1) 
     Maintenance Plans for the Parishes of Lafayette and 
     Lafourche'' (FRL No. 8545-2) received on March 20, 2008; to 
     the Committee on Environment and Public Works.
       EC-5527. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Completeness Findings for Section 110(a) State 
     Implementation Plans for the 8-Hour Ozone NAAQS'' (FRL No. 
     8545-6) received on March 20, 2008; to the Committee on 
     Environment and Public Works.
       EC-5528. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``National Volatile Organic Compound Emission Standards for 
     Aerosol Coatings'' ((RIN2060-AO86)(FRL No. 8544-2)) received 
     on March 20, 2008; to the Committee on Environment and Public 
     Works.
       EC-5529. A communication from the Director, Regulatory 
     Managament Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Finding of Failure to Submit State Implementation Plans 
     Required for the 1997 8-Hour Ozone NAAQS'' (FRL No. 8545-5) 
     received on March 20, 2008; to the Committee on Environment 
     and Public Works.
       EC-5530. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Control of Emissions of Air Pollution from Locomotive 
     Engines and Marine Compression-Ignition Engines Less than 30 
     Liters per Cylinder'' (FRL No. 8545-3) received on March 20, 
     2008; to the Committee on Environment and Public Works.
       EC-5531. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendments to National Emission Standards for Hazardous Air 
     Pollutants for Area Sources: Acrylic and Modacrylic Fibers 
     Production, Carbon Black Production, Chemical Manufacturing: 
     Chromium Compounds, Flexible Polyurethane Foam Production and 
     Fabrication, Lead Acid Battery Manufacturing, and Wood 
     Preserving'' ((RIN2060-AN44)(FRL No. 8547-1)) received on 
     March 25, 2008; to the Committee on Environment and Public 
     Works.
       EC-5532. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Approval and Promulgation of Air Quality Implementation 
     Plans; Rhode Island; Diesel Anti-Idling Regulation'' (FRL No. 
     8546-9) received on March 25, 2008; to the Committee on 
     Environment and Public Works.
        EC-5533. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Approval and Promulgation of State Implementation Plans; 
     State of Utah; Interstate Transport of Pollution and Other 
     Revisions'' (FRL No. 8546-3) received on March 25, 2008; to 
     the Committee on Environment and Public Works.
        EC-5534. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Determination of Nonattainment and Reclassification of the 
     Memphis, Tennessee/Crittenden County, Arkansas 8-Hour Ozone 
     Nonattainment Area'' (FRL No. 8547-8) received on March 25, 
     2008; to the Committee on Environment and Public Works.
        EC-5535. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Participation by Disadvantaged Business Enterprises in 
     Procurement Under Environmental Protection Agency Financial 
     Assistance Agreements'' ((RIN2090-AA38)(FRL No. 8545-9)) 
     received on March 25, 2008; to the Committee on Environment 
     and Public Works.
        EC-5536. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Determinations of Attainment of the Eight-Hour Ozone 
     Standard for Various Ozone Nonattainment Areas in Upstate New 
     York State'' (FRL No. 8546-2) received on March 25, 2008; to 
     the Committee on Environment and Public Works.
        EC-5537. 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 ``Issuance of Opinion 
     and Advisory Letters and Opening of the EGTRRA Determination 
     Letter Program for Pre-Approved Defined Contribution Plans'' 
     (Announcement 2008-23) received on March 19, 2008; to the 
     Committee on Finance.
        EC-5538. 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 ``Fringe Benefits 
     Aircraft Valuation Formula'' (Rev. Rul. 2008-14) received on 
     March 19, 2008; to the Committee on Finance.
        EC-5539. 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 ``Application of 
     Normalization Accounting Rules to Balances of Excess Deferred 
     Income Taxes and Accumulated Deferred Investment Tax Credits 
     of Public Utilities Whose Assets Cease to be Public Utility 
     Property'' ((RIN1545-AY75)(TD 9387)) received on March 20, 
     2008; to the Committee on Finance.
        EC-5540. 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 ``2008 Prevailing State 
     Assumed Interest Rates'' (Rev. Rul. 2008-19) received on 
     March 20, 2008; to the Committee on Finance.
        EC-5541. 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 ``Applicable Federal 
     Rates--April 2008'' (Rev. Rul. 2008-20) received on March 20, 
     2008; to the Committee on Finance.
        EC-5542. A communication from the Assistant Secretary, 
     Office of Legislative Affairs,

[[Page 4619]]

     Department of State, transmitting, pursuant to law, copies of 
     letters relative to the Treaty with the United Kingdom that 
     was entered into on September 20, 2007, relative to Defense 
     Trade Cooperation; to the Committee on Foreign Relations.
        EC-5543. A communication from the General Counsel, 
     Corporation for National and Community Service, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Service Criminal History Checks'' (RIN3045-AA44) received on 
     March 19, 2008; to the Committee on Health, Education, Labor, 
     and Pensions.
        EC-5544. A communication from General Counsel, Corporation 
     for National and Community Service, transmitting, pursuant to 
     law, the report of a rule entitled ``Corporation for National 
     and Community Service Implementation of OMB Guidance on 
     Nonprocurement Debarment and Suspension'' (RIN3045-AA48) 
     received on March 19, 2008; to the Committee on Health, 
     Education, Labor, and Pensions.
        EC-5545. A communication from the Director, Directorate of 
     Standards and Guidance, Department of Labor, transmitting, 
     pursuant to law, the report of a rule entitled ``Updating 
     OSHA Standards Based on National Consensus Standards'' 
     (RIN1218-AC08) received on March 25, 2008; to the Committee 
     on Health, Education, Labor, and Pensions.
        EC-5546. A communication from the Director, Office of 
     Standards, Regulations, and Variances, Department of Labor, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Asbestos Exposure Limit'' (RIN1219-AB24) received on March 
     24, 2008; to the Committee on Health, Education, Labor, and 
     Pensions.
        EC-5547. A communication from the General Counsel, 
     Corporation for National and Community Service, transmitting, 
     pursuant to law, the report of a rule entitled ``Program 
     Fraud Civil Remedies Act'' (RIN3045-AA42) received on March 
     19, 2008; to the Committee on Homeland Security and 
     Governmental Affairs.
        EC-5548. A communication from the Secretary, Railroad 
     Retirement Board, transmitting, pursuant to law, the Board's 
     annual report for fiscal year 2007; to the Committee on 
     Homeland Security and Governmental Affairs.
        EC-5549. A communication from the Director, Office of 
     Government Ethics, transmitting, pursuant to law, the report 
     of a rule entitled ``Technical Updating Amendments to 
     Executive Branch Financial Disclosure and Standards of 
     Ethical Conduct Regulations'' (RIN3209-AA14) received on 
     March 25, 2008; to the Committee on Homeland Security and 
     Governmental Affairs.
        EC-5550. A communication from the Secretary, Judicial 
     Conference of the United States, transmitting, a legislative 
     proposal entitled, ``Federal Courts Jurisdiction and Venue 
     Clarification Act of 2008''; to the Committee on the 
     Judiciary.
        EC-5551. A communication from the Staff Director, U.S. 
     Commission on Civil Rights, transmitting, pursuant to law, a 
     report relative to the Commission's recent appointment of 
     members to the New Jersey Advisory Committee; to the 
     Committee on the Judiciary.
        EC-5552. A communication from the Staff Director, U.S. 
     Commission on Civil Rights, transmitting, pursuant to law, a 
     report relative to the Commission's recent appointment of 
     members to the Rhode Island Advisory Committee; to the 
     Committee on the Judiciary.
        EC-5553. A communication from the Staff Director, U.S. 
     Commission on Civil Rights, transmitting, pursuant to law, a 
     report relative to the Commission's recent appointment of 
     members to the Vermont Advisory Committee; to the Committee 
     on the Judiciary.

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. LEAHY, from the Committee on the Judiciary:
       Report to accompany S. 1638, a bill to adjust the salaries 
     of Federal justices and judges, and for other purposes (Rept. 
     No. 110-277) .
       By Mr. LEAHY, from the Committee on the Judiciary, with an 
     amendment in the nature of a substitute:
       S. 2304. A bill to amend title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 to provide grants for 
     the improved mental health treatment and services provided to 
     offenders with mental illnesses, and for other purposes.

                          ____________________




              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. VOINOVICH:
       S. 2791. A bill to address the foreclosure crisis and to 
     revitalize neighborhoods, and for other purposes; to the 
     Committee on Finance.
           By Mr. GRAHAM (for himself, Mr. Ensign, and Mr. 
             Martinez):
       S. 2792. A bill to amend the Internal Revenue Code of 1986 
     to restore the deduction for the travel expenses of a 
     taxpayer's spouse who accompanies the taxpayer on business 
     travel; to the Committee on Finance.
           By Mr. MENENDEZ (for himself, Mr. Kerry, and Mr. 
             Lautenberg):
       S. 2793. A bill to direct the Federal Trade Commission to 
     prescribe a rule prohibiting deceptive advertising of 
     abortion services, and for other purposes; to the Committee 
     on Commerce, Science, and Transportation.
           By Mr. KOHL (for himself and Mr. Vitter):
       S. 2794. A bill to protect older Americans from misleading 
     and fraudulent marketing practices, with the goal of 
     increasing retirement security; to the Committee on the 
     Judiciary.

                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

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

           By Mr. SPECTER:
       S. Res. 493. A resolution to limit consideration of 
     amendments under a budget resolution; to the Committee on the 
     Budget.
           By Mr. CASEY (for himself and Mr. Corker):
       S. Res. 494. A resolution expressing the sense of the 
     Senate on the need for Iraq's neighbors and other 
     international partners to fulfill their pledges to provide 
     reconstruction assistance to Iraq; to the Committee on 
     Foreign Relations.
           By Mr. AKAKA (for himself, Mr. Dodd, Mr. Enzi, Ms. 
             Stabenow, Mr. Levin, Mr. Schumer, Mr. Inouye, Mr. 
             Menendez, Mr. Crapo, Mr. Johnson, Mr. Cardin, Mrs. 
             Lincoln, Mr. Cochran, Mr. Martinez, Mrs. Murray, Mr. 
             Allard, Mr. Durbin, Mr. Baucus, and Mrs. Feinstein):
       S. Res. 495. A resolution designating April 2008 as 
     ``Financial Literacy Month"; considered and agreed to.
           By Mr. DURBIN (for himself, Mr. Brownback, Mr. Brown, 
             Mr. Feingold, and Mr. Voinovich):
       S. Con. Res. 72. A concurrent resolution supporting the 
     goals and ideals of the International Year of Sanitation; to 
     the Committee on Foreign Relations.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 41

  At the request of Mr. Baucus, the name of the Senator from Ohio (Mr. 
Brown) was added as a cosponsor of S. 41, a bill to amend the Internal 
Revenue Code of 1986 to provide incentives to improve America's 
research competitiveness, and for other purposes.


                                 S. 59

  At the request of Mr. Inouye, the name of the Senator from Vermont 
(Mr. Sanders) was added as a cosponsor of S. 59, a bill to amend title 
XIX of the Social Security Act to improve access to advanced practice 
nurses and physician assistants under the Medicaid Program.


                                 S. 60

  At the request of Mr. Inouye, the name of the Senator from Vermont 
(Mr. Sanders) was added as a cosponsor of S. 60, a bill to amend the 
Public Health Service Act to provide a means for continued improvement 
in emergency medical services for children.


                                 S. 450

  At the request of Mr. Ensign, the name of the Senator from South 
Carolina (Mr. DeMint) was added as a cosponsor of S. 450, a bill to 
amend title XVIII of the Social Security Act to repeal the medicare 
outpatient rehabilitation therapy caps.


                                 S. 495

  At the request of Mr. Leahy, the name of the Senator from Illinois 
(Mr. Obama) was added as a cosponsor of S. 495, a bill to prevent and 
mitigate identity theft, to ensure privacy, to provide notice of 
security breaches, and to enhance criminal penalties, law enforcement 
assistance, and other protections against security breaches, fraudulent 
access, and misuse of personally identifiable information.


                                 S. 582

  At the request of Mr. Smith, the name of the Senator from Washington 
(Ms. Cantwell) was added as a cosponsor of S. 582, a bill to amend the 
Internal Revenue Code of 1986 to classify automatic fire sprinkler 
systems as 5-year property for purposes of depreciation.


                                 S. 678

  At the request of Mrs. Boxer, the names of the Senator from New York

[[Page 4620]]

(Mr. Schumer) and the Senator from New York (Mrs. Clinton) were added 
as cosponsors of S. 678, a bill to amend title 49, United States Code, 
to ensure air passengers have access to necessary services while on a 
grounded air carrier and are not unnecessarily held on a grounded air 
carrier before or after a flight, and for other purposes.


                                 S. 819

  At the request of Mr. Dorgan, the name of the Senator from Ohio (Mr. 
Voinovich) was added as a cosponsor of S. 819, a bill to amend the 
Internal Revenue Code of 1986 to expand tax-free distributions from 
individual retirement accounts for charitable purposes.


                                 S. 898

  At the request of Ms. Mikulski, the name of the Senator from Illinois 
(Mr. Obama) was added as a cosponsor of S. 898, a bill to amend the 
Public Health Service Act to fund breakthroughs in Alzheimer's disease 
research while providing more help to caregivers and increasing public 
education about prevention.


                                 S. 906

  At the request of Mr. Obama, the name of the Senator from California 
(Mrs. Boxer) was added as a cosponsor of S. 906, a bill to prohibit the 
sale, distribution, transfer, and export of elemental mercury, and for 
other purposes.


                                 S. 911

  At the request of Mr. Vitter, his name was added as a cosponsor of S. 
911, a bill to amend the Public Health Service Act to advance medical 
research and treatments into pediatric cancers, ensure patients and 
families have access to the current treatments and information 
regarding pediatric cancers, establish a population-based national 
childhood cancer database, and promote public awareness of pediatric 
cancers.


                                 S. 937

  At the request of Mr. Reed, his name was added as a cosponsor of S. 
937, a bill to improve support and services for individuals with autism 
and their families.


                                 S. 972

  At the request of Mr. Lautenberg, the name of the Senator from 
California (Mrs. Feinstein) was added as a cosponsor of S. 972, a bill 
to provide for the reduction of adolescent pregnancy, HIV rates, and 
other sexually transmitted diseases, and for other purposes.


                                S. 1003

  At the request of Ms. Stabenow, the name of the Senator from Indiana 
(Mr. Bayh) 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. 1176

  At the request of Mr. Akaka, the name of the Senator from Vermont 
(Mr. Sanders) was added as a cosponsor of S. 1176, a bill to require 
enhanced disclosure to consumers regarding the consequences of making 
only minimum required payments in the repayment of credit card debt, 
and for other purposes.


                                S. 1310

  At the request of Mr. Schumer, the name of the Senator from Nevada 
(Mr. Ensign) was added as a cosponsor of S. 1310, a bill to amend title 
XVIII of the Social Security Act to provide for an extension of 
increased payments for ground ambulance services under the Medicare 
program.


                                S. 1359

  At the request of Mrs. Murray, the name of the Senator from Maryland 
(Mr. Cardin) was added as a cosponsor of S. 1359, a bill to amend the 
Public Health Service Act to enhance public and health professional 
awareness and understanding of lupus and to strengthen the Nation's 
research efforts to identify the causes and cure of lupus.


                                S. 1382

  At the request of Mr. Roberts, the name of the Senator from Utah (Mr. 
Hatch) was added as a cosponsor of S. 1382, a bill to amend the Public 
Health Service Act to provide for the establishment of an Amyotrophic 
Lateral Sclerosis Registry.


                                S. 1410

  At the request of Mr. Coleman, the name of the Senator from Michigan 
(Ms. Stabenow) was added as a cosponsor of S. 1410, a bill to amend the 
Internal Revenue Code of 1986 to allow a credit against income tax for 
the purchase of hearing aids.


                                S. 1430

  At the request of Mr. Kennedy, his name was added as a cosponsor of 
S. 1430, a bill to authorize State and local governments to direct 
divestiture from, and prevent investment in, companies with investments 
of $20,000,000 or more in Iran's energy sector, and for other purposes.


                                S. 1689

  At the request of Ms. Collins, the name of the Senator from Georgia 
(Mr. Isakson) was added as a cosponsor of S. 1689, a bill to amend the 
Internal Revenue Code of 1986 to exclude from gross income amounts 
received on account of claims based on certain unlawful discrimination 
and to allow income averaging for backpay and frontpay awards received 
on account of such claims, and for other purposes.
  At the request of Mr. Bingaman, the names of the Senator from 
Maryland (Mr. Cardin) and the Senator from Connecticut (Mr. Lieberman) 
were added as cosponsors of S. 1689, supra.


                                S. 2035

  At the request of Mr. Specter, the name of the Senator from 
California (Mrs. Boxer) was added as a cosponsor of S. 2035, a bill to 
maintain the free flow of information to the public by providing 
conditions for the federally compelled disclosure of information by 
certain persons connected with the news media.


                                S. 2042

  At the request of Ms. Stabenow, the name of the Senator from 
California (Mrs. Boxer) 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. 2056

  At the request of Mr. Rockefeller, the name of the Senator from Maine 
(Ms. Collins) was added as a cosponsor of S. 2056, a bill to amend 
title XVIII of the Social Security Act to restore financial stability 
to Medicare anesthesiology teaching programs for resident physicians.


                                S. 2127

  At the request of Mrs. Murray, the name of the Senator from New York 
(Mrs. Clinton) was added as a cosponsor of S. 2127, a bill to provide 
assistance to families of miners involved in mining accidents.


                                S. 2159

  At the request of Mr. Nelson of Florida, the name of the Senator from 
Nebraska (Mr. Hagel) was added as a cosponsor of S. 2159, a bill to 
require the Secretary of the Treasury to mint coins in commemoration of 
the 50th anniversary of the establishment of the National Aeronautics 
and Space Administration.


                                S. 2279

  At the request of Mr. Biden, the names of the Senator from Oregon 
(Mr. Smith), the Senator from Illinois (Mr. Durbin) and the Senator 
from South Dakota (Mr. Johnson) were added as cosponsors of S. 2279, a 
bill to combat international violence against women and girls.


                                S. 2314

  At the request of Mr. Salazar, the name of the Senator from Tennessee 
(Mr. Alexander) was added as a cosponsor of S. 2314, a bill to amend 
the Internal Revenue Code of 1986 to make geothermal heat pump systems 
eligible for the energy credit and the residential energy efficient 
property credit, and for other purposes.


                                S. 2366

  At the request of Mr. Vitter, the names of the Senator from Maine 
(Ms.

[[Page 4621]]

Snowe) and the Senator from Georgia (Mr. Chambliss) were added as 
cosponsors of S. 2366, a bill to provide immigration reform by securing 
America's borders, clarifying and enforcing existing laws, and enabling 
a practical verification program.


                                S. 2408

  At the request of Mr. Kerry, the names of the Senator from New York 
(Mrs. Clinton) and the Senator from New York (Mr. Schumer) were added 
as cosponsors of S. 2408, a bill to amend title XVIII of the Social 
Security Act to require physician utilization of the Medicare 
electronic prescription drug program.


                                S. 2420

  At the request of Mr. Schumer, the name of the Senator from Ohio (Mr. 
Voinovich) was added as a cosponsor of S. 2420, a bill to encourage the 
donation of excess food to nonprofit organizations that provide 
assistance to food-insecure people in the United States in contracts 
entered into by executive agencies for the provision, service, or sale 
of food.


                                S. 2426

  At the request of Mr. Kerry, his name was added as a cosponsor of S. 
2426, a bill to provide for congressional oversight of United States 
agreements with the Government of Iraq.


                                S. 2433

  At the request of Mr. Kerry, 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. 2485

  At the request of Mr. Tester, the name of the Senator from Maine (Ms. 
Collins) was added as a cosponsor of S. 2485, a bill to amend the 
Public Health Service Act to provide for the participation of physical 
therapists in the National Health Service Corps Loan Repayment Program, 
and for other purposes.


                                S. 2533

  At the request of Mr. Kennedy, the name of the Senator from New York 
(Mrs. Clinton) was added as a cosponsor of S. 2533, a bill to enact a 
safe, fair, and responsible state secrets privilege Act.


                                S. 2555

  At the request of Mrs. Boxer, the name of the Senator from Oregon 
(Mr. Wyden) was added as a cosponsor of S. 2555, a bill to permit 
California and other States to effectively control greenhouse gas 
emissions from motor vehicles, and for other purposes.


                                S. 2580

  At the request of Mr. Brown, the names of the Senator from Maine (Ms. 
Collins) and the Senator from Maine (Ms. Snowe) were added as 
cosponsors of S. 2580, a bill to amend the Higher Education Act of 1965 
to improve the participation in higher education of, and to increase 
opportunities in employment for, residents of rural areas.


                                S. 2585

  At the request of Mr. Harkin, the name of the Senator from Colorado 
(Mr. Salazar) was added as a cosponsor of S. 2585, a bill to provide 
for the enhancement of the suicide prevention programs of the 
Department of Defense, and for other purposes.


                                S. 2607

  At the request of Ms. Snowe, the name of the Senator from Missouri 
(Mrs. McCaskill) was added as a cosponsor of S. 2607, a bill to make a 
technical correction to section 3009 of the Deficit Reduction Act of 
2005.


                                S. 2618

  At the request of Ms. Klobuchar, the name of the Senator from Vermont 
(Mr. Sanders) 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. 2625

  At the request of Mr. Harkin, the name of the Senator from Michigan 
(Ms. Stabenow) was added as a cosponsor of S. 2625, a bill to ensure 
that deferred Department of Veterans Affairs disability benefits that 
are received in a lump sum amount or in prospective monthly amounts, be 
excluded from consideration as annual income when determining 
eligibility for low-income housing programs.


                                S. 2639

  At the request of Mr. Johnson, the name of the Senator from Iowa (Mr. 
Harkin) was added as a cosponsor of S. 2639, a bill to amend title 38, 
United States Code, to provide for an assured adequate level of funding 
for veterans health care.


                                S. 2660

  At the request of Mr. Sanders, the name of the Senator from Maryland 
(Ms. Mikulski) was added as a cosponsor of S. 2660, a bill to amend the 
Federal Power Act to ensure that the mission and functions of Regional 
Transmission Organizations and Independent System Operators include 
keeping energy costs as low as reasonably possible for consumers, and 
for other purposes.


                                S. 2672

  At the request of Mr. Conrad, the names of the Senator from Maine 
(Ms. Collins), the Senator from Nebraska (Mr. Hagel) and the Senator 
from New Mexico (Mr. Bingaman) were added as cosponsors of S. 2672, a 
bill to provide incentives to physicians to practice in rural and 
medically underserved communities.


                                S. 2684

  At the request of Mr. Dodd, the name of the Senator from 
Massachusetts (Mr. Kennedy) was added as a cosponsor of S. 2684, a bill 
to reform the housing choice voucher program under section 8 of the 
United States Housing Act of 1937.


                                S. 2719

  At the request of Mrs. Dole, the names of the Senator from Alabama 
(Mr. Sessions), the Senator from Louisiana (Mr. Vitter) and the Senator 
from South Carolina (Mr. DeMint) were added as cosponsors of S. 2719, a 
bill to provide that Executive Order 13166 shall have no force or 
effect, and to prohibit the use of funds for certain purposes.


                                S. 2722

  At the request of Mrs. Dole, the names of the Senator from North 
Carolina (Mr. Burr), the Senator from South Carolina (Mr. DeMint), the 
Senator from Louisiana (Mr. Vitter) and the Senator from Alabama (Mr. 
Sessions) were added as cosponsors of S. 2722, a bill to prohibit 
aliens who are repeat drunk drivers from obtaining legal status or 
immigration benefits.


                                S. 2729

  At the request of Mrs. Hutchison, her name was added as a cosponsor 
of S. 2729, a bill to amend title XVIII of the Social Security Act to 
modify Medicare physician reimbursement policies to ensure a future 
physician workforce, and for other purposes.


                                S. 2760

  At the request of Mr. Leahy, the names of the Senator from Wisconsin 
(Mr. Feingold), the Senator from Iowa (Mr. Harkin), the Senator from 
Massachusetts (Mr. Kerry), the Senator from Maryland (Ms. Mikulski), 
the Senator from Oregon (Mr. Wyden) and the Senator from Arkansas (Mrs. 
Lincoln) were added as cosponsors of S. 2760, a bill to amend title 10, 
United States Code, to enhance the national defense through empowerment 
of the National Guard, enhancement of the functions of the National 
Guard Bureau, and improvement of Federal-State military coordination in 
domestic emergency response, and for other purposes.


                                S. 2766

  At the request of Mr. Nelson of Florida, the names of the Senator 
from Louisiana (Mr. Vitter) and the Senator from Maryland (Ms. 
Mikulski) were added as cosponsors of 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.
  At the request of Mrs. Boxer, the name of the Senator from Maryland 
(Mr. Cardin) was added as a cosponsor of S. 2766, supra.

[[Page 4622]]




                                S. 2774

  At the request of Mr. Leahy, the name of the Senator from Colorado 
(Mr. Salazar) was added as a cosponsor of S. 2774, a bill to provide 
for the appointment of additional Federal circuit and district judges, 
and for other purposes.


                                S. 2785

  At the request of Mrs. Hutchison, her name was added as a cosponsor 
of S. 2785, a bill to amend title XVIII of the Security Act to preserve 
access to physicians' services under the Medicare program.


                              S. RES. 138

  At the request of Mr. Salazar, the name of the Senator from 
California (Mrs. Feinstein) was added as a cosponsor of S. Res. 138, a 
resolution honoring the accomplishments and legacy of Cesar Estrada 
Chavez.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KOHL (for himself and Mr. Vitter):
  S. 2794. A bill to protect older Americans from misleading and 
fraudulent marketing practices, with the goal of increasing retirement 
security; to the Committee on the Judiciary.
  Mr. KOHL. Mr. President, many of America's seniors are discovering 
that their life savings may not be enough to sufficiently provide for 
their retirement needs. To bridge the gap, some seniors are turning to 
investments to increase their retirement income and frequently rely on 
financial advisors to help them invest wisely. Unfortunately, we have 
learned that seniors are placing their trust in so-called ``senior 
investment advisors'' who in many cases may not deserve it. More and 
more, individuals are representing themselves as certified ``senior 
investment specialists'' when often they have limited or no education 
and experience in extremely complicated financial matters. It is 
estimated that there are hundreds of different designations for senior 
financial advisors that all sound very official, and that there are 
thousands of unscrupulous individuals marketing themselves out as such 
``senior'' specialists.
  You would be surprised to know that in order to obtain some of them, 
all it takes is a weekend and as many cracks at an open-book, multiple-
choice exam as is needed? It is almost impossible for seniors to tell 
the difference between the more legitimate titles and those with less 
rigorous standards.
  Today, Senator Vitter and I are introducing the Senior Investor 
Protection Act of 2008 to help ensure there are rules to separate 
reputable designations, like Certified Financial Planners, from less 
rigorous designations and clarifications that are meant to confuse and 
mislead seniors. This bill would encourage states to improve their own 
rules regulating the use of designations by encouraging them to adopt 
provisions outlined in the North American Securities Administrators 
Association's, NASAA, new model rule on the use of senior designations. 
It would create a grant to help States protect senior investors from 
unscrupulous individuals who use misleading designations to sell 
seniors inappropriate financial products.
  We know that an attorney must go to school for 3 years and pass a 
State bar exam. A CPA must have a college degree, an additional year of 
study and must pass a national exam. Neither can offer their 
professional services without those credentials. Seniors should be able 
to trust the people who invest their money. They should not be worried 
that the title after their advisor's name is scarcely more than a 
marketing ploy, and that it was not earned through sufficiently 
rigorous financial education or training.
  I strongly encourage my colleagues to cosponsor this measure.

                          ____________________




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

  SENATE RESOLUTION 493--TO LIMIT CONSIDERATION OF AMENDMENTS UNDER A 
                           BUDGET RESOLUTION

  Mr. SPECTER submitted the following resolution; which was referred to 
the Committee on the Budget:

                              S. Res. 493

       Resolved,

     SECTION 1. LIMITATION ON CONSIDERATION OF AMENDMENTS UNDER A 
                   BUDGET RESOLUTION.

       For purposes of consideration of any Budget Resolution 
     reported under section 305(b) of the Congressional Budget Act 
     of 1974--
       (1) time on a budget resolution may only be yielded back by 
     consent;
       (2) no first degree amendment may be proposed after the 
     10th hour of debate on a budget resolution unless it has been 
     submitted to the Journal Clerk prior to the expiration of the 
     10th hour;
       (3) no second degree amendment may be proposed after the 
     20th hour of debate on a budget resolution unless it has been 
     submitted to the Journal Clerk prior to the expiration of the 
     20th hour;
       (4) after not more than 40 hours of debate on a budget 
     resolution, the resolution shall be set aside for 1 calendar 
     day, so that all filed amendments are printed and made 
     available in the Congressional Record before debate on the 
     resolution continues; and
       (5) provisions contained in a budget resolution, or 
     amendments thereto, shall not include programmatic detail not 
     within the jurisdiction of the Senate Committee on the 
     Budget.

     SEC. 2. WAIVER AND APPEAL.

       Section 1 may be waived or suspended in the Senate only by 
     an affirmative vote of three-fifths of the Members, duly 
     chosen and sworn. An affirmative vote of three-fifths of the 
     Members of the Senate, duly chosen and sworn, shall be 
     required in the Senate to sustain an appeal of the ruling of 
     the Chair on a point of order raised under section 1.

  Mr. SPECTER. Mr. President, I submit a resolution which would modify 
the budget process to bring some sanity to the Senate as we consider 
the budget resolution.
  On March 13, less than a month ago, we took up the budget resolution. 
From 11:15 a.m. until 2 a.m, on March 14, this body was bedlam. May the 
record show the distinguished presiding Senator from Montana was 
nodding in the affirmative. If he wishes to have a disclaimer on that--
he has just signaled it is OK with him.
  There are two Senators on the floor of the Senate now, one presiding 
and one speaking, who can attest to an extraordinary event. The Senate 
is billed as the world's greatest deliberative body. During the time 
from 11:15 a.m. on the 13th, until 2 a.m. on the 14th, the place was 
bedlam--absolute bedlam. We were considering amendments which had not 
been available for examination by Senators or their staffs. We were 
considering them in a context of 2 minutes equally divided, so the 
proponent had a full minute. That may be a little long for speeches in 
the House of Representatives, but it is not in the Senate. The opposite 
side had 1 minute.
  It was impossible to hear what was going on in the Chamber. If you 
tried to listen to get the gravamen of what was going on, it simply 
could not be heard. During the course of the deliberations after 
midnight I had occasion to talk to the distinguished majority leader, 
Senator Reid, and the chair of the Rules Committee, Senator Feinstein, 
about doing something about it. My staff and I have done some research. 
We found that a resolution had been submitted, a proposal had been 
submitted by Senator Byrd in the past. I have taken Senator Byrd's 
approach, having my staff consult with his staff. We do not yet have it 
worked out as to whether he will cosponsor because we have been in the 
period of recess for the past 2 weeks, but Senator Byrd is renowned for 
his expertise on parliamentary matters. The essence of the resolution 
would provide that first-degree amendments would have to be filed prior 
to the 10th hour of debate. Then, second-degree amendments would have 
to be filed prior to the 20th hour of debate. Then the resolution would 
be set aside for 1 day prior to the 40th hour of debate so that the 
amendments could be printed in the Congressional Record.
  For those who may be watching on C-SPAN, it is impossible to deal 
with an amendment which has not been filed and printed so that staff 
and Senators can review it. When the amendments are offered--as there 
is a right to offer them, under the existing procedures, on the spur of 
the moment--nobody can follow them. One minute of explanation is 
totally insufficient.
  There was one complex amendment which was offered with respect to the

[[Page 4623]]

city of Berkeley, to take away their earmarks and their grants. I 
happened to be on the other end of the Chamber at the time and actually 
could not hear; the bedlam, the noise just precluded hearing. I later 
found out that there was a lot more to the consideration of the issue 
than I could digest in the course of that time.
  The procedures that have been used on the budget resolution have 
taken two forms which have subverted the process. One is the sense-of-
the-Senate resolution, and the second is the resolution on deficit-
neutral reserve funds to try to bring it within the confines of the 
budget resolution. Through those two artifices there are efforts made 
to legislate, put legislative proposals in the budget resolution.
  I will ask unanimous consent my full statement be printed in the 
Record at the close of my comments. The full statement has a reference 
to amendment No. 4299, which was offered, which was on prescription 
drugs. It doesn't have anything to do with the budget resolution, but 
it was a sense of the Senate. This is just illustrative of substantive 
matters which are offered which have no place on the budget resolution.
  My prepared statement also refers to amendment No. 4231, which refers 
to immigration, a detailed proposal.
  Many of these, if not most of these amendments, are ``gotcha'' 
amendments. I am getting a lot of agreement from the distinguished 
Presiding Officer. If anyone is watching on C-SPAN II, a ``gotcha'' 
amendment is an amendment that compels people to vote on complex 
questions which can be used on a 30-second commercial.
  One of the difficulties of campaign practice is to be able to defend 
your votes. It is sometimes hard to defend a vote on a complex matter 
where you have no advance notice of the issue and no opportunity to 
hear it debated. The procedures of the Senate, worth just a momentary 
comment, are, somebody proposes legislation and files it at the desk. 
It is referred to a committee. The committee has hearings. Then there 
is a markup where the bill is considered. Then the committee files a 
report, analyzing it. Then it comes to the Senate floor for 
consideration.
  That is the way the Senate is supposed to function. That is what 
makes the Senate, arguably, the world's greatest deliberative body. But 
not when you have amendments which are offered on the spur of the 
moment with no opportunity to know what is in the amendment and all of 
these votes are recorded. Try to explain a ``gotcha'' amendment as to 
why you voted a certain way in answering on a commercial. It just 
cannot be done.
  It is my hope the Senate will take up this issue. I think the 
proposal by Senator Byrd on the scheduling is a good approach. I am not 
wedded to this approach. There are other approaches which could be 
undertaken which would be satisfactory to this Senator. We had some 
discussions on the Senate floor about perhaps limiting the number of 
amendments with a certification by the two leaders that you had germane 
amendments. But one way or another, we ought not to again next year 
undertake a process which has 44 votes. That established a new record--
although on prior years we came close to that with votes numbering in 
the thirties. We ought to avoid this kind of process and redo our 
procedures under the budget resolution.
  Mr. President, I ask unanimous consent my full statement be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                           Bill Introduction

       Mr. SPECTER. Mr. President, I have sought recognition to 
     introduce legislation to provide greater efficiencies to what 
     I believe is a broken process for consideration of the budget 
     resolution. The need for reform is based on the most recent 
     consideration of the budget resolution on March 13, 2008, 
     when the Senate conducted 44 stacked roll call votes in one 
     day--the so-called ``vote-a-rama.'' With the 44 stacked 
     votes, the frequent unavailability of amendment text in 
     advance so there could be no analysis and preparation, the 
     chamber full of senators, the unusual noise level, the 
     constant banging of the gavel by the presiding officer, the 
     near impossibility of hearing even just the two minutes 
     allotted for discussion, and consideration of matters 
     entirely unrelated to the budget, I believe the process needs 
     reform. The resolution I am introducing today is based on a 
     proposal previously submitted by Senator Robert Byrd, whom 
     most would agree is our most-knowledgeable Senator on 
     parliamentary procedure. The Byrd proposal seeks to correct 
     these problems I have cited by imposing several new rules 
     designed to foster greater transparency and efficiency on a 
     budget resolution.
       Under the budget rules, once all debate time has been used 
     or yielded back, the Senate must take action to agree to or 
     to dispose of pending amendments before considering final 
     passage. This scenario creates a dizzying process of voting 
     on numerous amendments in a stacked sequence, often referred 
     to as a ``vote-a-rama.'' During the course of the ``vote-a-
     rama'', dozens of votes may occur with little or no 
     explanation, often leaving Senators with insufficient 
     information or time to deliberate and evaluate the merits of 
     an issue prior to casting a vote. By consent, the Senate has 
     typically allowed two minutes of debate, equally divided, 
     prior to votes. However, the budget process does not require 
     Senators to file their amendments prior to their 
     consideration. In many instances, members are voting on 
     amendments on which the text has never been made available. 
     This difficult working environment is further compounded by a 
     Chamber full of Senators and the constant banging of the 
     gavel by the presiding officer to maintain order. This 
     unusual noise level makes it nearly impossible to hear the 
     one minute of debate per side.
       The Budget Act of 1974 outlines the many clearly defined 
     rules for consideration of a budget resolution, including 
     debate time and germaneness. Despite these rules, the Senate 
     has often set aside these rules and found clever ways to 
     circumvent the rules. To restore some order to the process, 
     the resolution I am offering today would require first-degree 
     amendments to be filed at the desk with the Journal Clerk 
     prior to the 10th hour of debate. Accordingly, second-degree 
     amendments must be filed prior to the 20th hour of debate. 
     This legislation would require a budget resolution to be set 
     aside for one calendar day prior to the 40th hour of debate. 
     Doing so would allow all filed amendments to be printed in 
     the Record allowing Senators, and their staff, an opportunity 
     for review before debate on the resolution continues. To 
     preserve the integrity of these new rules, debate time may 
     only be yielded back by consent, instead of the current 
     procedure whereby time may be yielded at the discretion of 
     either side.
       Another problem has been the subversion with the budget's 
     germaneness rules by offering amendments to deal with 
     authorization and substantive policy changes. It is important 
     to remember that the Federal budget has two distinct but 
     equally important purposes: the first is to provide a 
     financial measure of federal expenditures, receipts, 
     deficits, and debt levels; and the second is to provide the 
     means for the Federal Government to efficiently collect and 
     allocate resources. To keep the debate focused, amendments to 
     the budget resolution must be germane, meaning those which 
     strike, increase or decrease numbers, or add language that 
     restricts some power in the resolution. Otherwise, a point of 
     order lies against the amendment, and 60 votes are required 
     to waive the point of order. Yet, to circumvent this 
     germaneness requirement and inject debate on substantive 
     policy changes, Senators have offered Sense of the Senate 
     amendments and Deficit-Neutral Reserve Fund amendments that 
     include exorbitant programmatic detail.
       A sense of the Senate amendment allows a Senator to force 
     members to either support or oppose any policy position they 
     seek to propose. An excerpt of an amendment to the FY09 
     Budget Resolution follows:


                           Amendment No. 4299

       (b) Sense of the Senate.--It is the sense of the Senate 
     that--(1) the leadership of the Senate should bring to the 
     floor for full debate in 2008 comprehensive legislation that 
     legalizes the importation of prescription drugs from highly 
     industrialized countries with safe pharmaceutical 
     infrastructures and creates a regulatory pathway to ensure 
     that such drugs are safe; (2) such legislation should be 
     given an up or down vote on the floor of the Senate; and (3) 
     previous Senate approval of 3 amendments in support of 
     prescription drug importation shows the Senate's strong 
     support for passage of comprehensive importation legislation.

       The use of sense of the Senate amendments on the budget 
     resolution has been discouraged in recent years because they 
     have little relevance to the intended purpose of the budget 
     resolution. As a result, it has become increasingly popular 
     to offer deficit-neutral reserve fund amendments. Prior to 
     the FY06 Budget Resolution, reserve funds were used 
     sparingly. In in FY07, 22 were included in the Senate 
     resolution and 8 in the House resolution; in FY08, 38 were 
     included in the Senate resolution and 23 in the conference 
     report; and in FY09, 31 were included in the Senate 
     resolution.
       Deficit-neutral reserve funds--which are specifically 
     permitted by section 301(b)(7) of the Budget Act of 1974--
     have an important

[[Page 4624]]

     functional use in the budget process, but do not require 
     extensive programmatic detail to be useful. On the 
     speculation that Congress may enact legislation on a 
     particular issue--perhaps ``immigration,'' ``energy,'' or 
     ``health care''--a reserve fund acts as a ``placeholder'' to 
     allow the chairman of the Budget Committee to later revise 
     the spending and revenue levels in the budget so that the 
     future deficit-neutral legislation would not be vulnerable to 
     budgetary points of order. Absent a reserve fund, legislation 
     which increases revenues to offset increases in direct 
     spending would be subject to a Budget Act point of order 
     because certain overall budget levels (total revenues, total 
     new budget authority, total outlays, or total revenues and 
     outlays of Social Security) or budgetary levels specific to 
     authorizing committees and the appropriations committee 
     (committee allocations) would be breached.
       However, it is unnecessary to include extensive 
     programmatic detail into the language of a deficit-neutral 
     reserve fund for it to be useful at a later date. An excerpt 
     of an amendment to the FY09 Budget Resolution demonstrates 
     the unnecessary level of programmatic detail that I refer to:


                           Amendment No. 4231

     DEFICIT-NEUTRAL RESERVE FUND FOR BORDER SECURITY, IMMIGRATION 
                   ENFORCEMENT, AND CRIMINAL ALIEN REMOVAL 
                   PROGRAMS.

       (a) In General.--The Chairman of the Committee on the 
     Budget of the Senate may revise the allocations of 1 or more 
     committees, aggregates, and other appropriate levels in this 
     resolution by the amounts authorized to be appropriated for 
     the programs described in paragraphs (1) through (6) in 1 or 
     more bills, joint resolutions, amendments, motions, or 
     conference reports that funds border security, immigration 
     enforcement, and criminal alien removal programs, including 
     programs that--(1) expand the zero tolerance prosecution 
     policy for illegal entry (commonly known as ``Operation 
     Streamline'') to all 20 border sectors; (2) complete the 700 
     miles of pedestrian fencing required under section 102(b)(1) 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1103 note); (3) deploy 
     up to 6,000 National Guard members to the southern border of 
     the United States; (4) evaluate the 27 percent of the 
     Federal, State, and local prison populations who are 
     noncitizens in order to identify removable criminal aliens; 
     (5) train and reimburse State and local law enforcement 
     officers under Memorandums of Understanding entered into 
     under section 287(g) of the Immigration and Nationality Act 
     (8 U.S.C. 1357(g)); or (6) implement the exit data portion of 
     the US-VISIT entry and exit data system at airports, 
     seaports, and land ports of entry.

       Voting on amendments that advocate substantive policy 
     changes in the context of a budget debate are a subversion of 
     the budget's germaneness requirements and clearly fall 
     outside the jurisdiction of the Budget Committee. In many 
     instances, the programmatic detail is of a controversial 
     nature, such as a recent amendment to ``provide for a 
     deficit-neutral reserve fund for transferring funding for 
     Berkeley, CA earmarks to the Marine Corps'' (Coburn Amendment 
     No. 4380).
       To bring the focus back to the budget, my legislation 
     states that ``provisions contained in a budget resolution, or 
     amendments thereto, shall not include programmatic detail not 
     within the jurisdiction of the Senate Committee on the 
     Budget.'' It is my hope that this language will bring about a 
     change in practice in the Senate whereby Senators will avoid 
     including excessive programmatic detail in their reserve fund 
     amendments. Doing so will put the focus back on the important 
     purposes of a budget resolution.
       The provisions in my legislation may be waived or suspended 
     in the Senate only by an affirmative vote of three-fifths of 
     the Members. Also, an affirmative vote of three-fifths of the 
     Members of the Senate is required in the Senate to sustain an 
     appeal of the ruling of the Chair on a point of order raised 
     under this section.
       I commend the chairman and ranking member of the Senate 
     Budget Committee for their hard work in processing amendments 
     to the budget resolution. Unfortunately, the process needs 
     reforms to provide structure and to increase transparency and 
     efficiency. The 44 rollcall votes conducted in relation to S. 
     Con. Res. 70 are the largest number of votes held in one 
     session dating back to 1964, according to records maintained 
     by the Senate Historical Office. The Senate cast more votes 
     on the budget in one day than it had previously cast all year 
     on various other issues. It is my hope that this resolution, 
     modeled in part on a previous proposal by Senator Byrd, will 
     lead us to a more constructive debate on the budget 
     resolution.
       I urge the support of my colleagues.

                          ____________________




 SENATE RESOLUTION 494--EXPRESSING THE SENSE OF THE SENATE ON THE NEED 
FOR IRAQ'S NEIGHBORS AND OTHER INTERNATIONAL PARTNERS TO FULFILL THEIR 
          PLEDGES TO PROVIDE RECONSTRUCTION ASSISTANCE TO IRAQ

  Mr. CASEY (for himself and Mr. Corker) submitted the following 
resolution; which was referred to the Committee on Foreign Relations:

                              S. Res. 494

       Whereas a sustained flow of international economic 
     reconstruction assistance to the Government of Iraq and 
     provincial and regional authorities in Iraq is essential to 
     the restoration of basic services in Iraq, job creation, and 
     the future stabilization of that country;
       Whereas reconstruction assistance should be administered in 
     a transparent, accountable, and equitable manner in order to 
     help alleviate sectarian grievances and facilitate national 
     political reconciliation;
       Whereas the United States has already spent approximately 
     $29,000,000,000 on reconstruction assistance and Congress has 
     authorized the expenditure of an additional $16,500,000,000 
     for reconstruction assistance;
       Whereas, on December 18, 2007, the Government 
     Accountability Office (GAO) reported that, as of October 
     2007, international donors had pledged a total of 
     approximately $16,400,000,000 in support of Iraq's 
     reconstruction since 2003, of which roughly $13,600,000,000 
     was pledged at an October 2003 donor conference in Madrid, 
     Spain;
       Whereas the GAO reported that international donors have 
     provided only approximately $7,000,000,000 for reconstruction 
     assistance, or less than half of the original pledged amount;
       Whereas the conclusion reached by the Iraq Study Group 
     (ISG) in December 2006 that ``[i]nternational support for 
     Iraqi reconstruction has been tepid'' remains true and 
     reinforces the ISG's subsequent recommendation that ``[a]n 
     essential part of reconstruction efforts in Iraq should be 
     greater involvement by and with international partners, who 
     should do more than just contribute money. . . . [t]hey 
     should also actively participate in the design and 
     construction of projects'';
       Whereas Iraq's regional neighbors, in particular, carry a 
     special imperative to bolster reconstruction assistance 
     efforts to Iraq, given the vital importance of a peaceful and 
     secure Iraq to their security interests and overall regional 
     stability; and
       Whereas those countries have prospered in recent years due 
     to the rising price of their oil exports and enjoy expanded 
     government revenue from which funds could be allocated for 
     reconstruction assistance to Iraq: Now, therefore, be it
       Resolved, That it is the sense of the Senate that--
       (1) Iraq's neighbors and other key international partners 
     should fully carry through on previous pledges of 
     reconstruction assistance to the Government of Iraq, working 
     to mitigate and circumvent, where necessary, potential 
     obstacles to the effective implementation of those pledges; 
     and
       (2) the United States should consider a recommendation 
     proposed by the Iraq Study Group to merge reconstruction 
     assistance funds provided by the United States with funds 
     from international donors and Iraqi participants to help 
     ensure that assistance projects in Iraq are carried out in 
     the most rapid and efficient manner possible.

                          ____________________




 SENATE RESOLUTION 495--DESIGNATING APRIL 2008 AS ``FINANCIAL LITERACY 
                                MONTH''

  Mr. AKAKA (for himself, Mr. Dodd, Mr. Enzi, Ms. Stabenow, Mr. Levin, 
Mr. Schumer, Mr. Inouye, Mr. Menendez, Mr. Crapo, Mr. Johnson, Mr. 
Cardin, Mrs. Lincoln, Mr. Cochran, Mr. Martinez, Mrs. Murray, Mr. 
Allard, Mr. Durbin, Mr. Baucus, and Mrs. Feinstein) submitted the 
following resolution; which was considered and agreed to:

                              S. Res. 495

       Whereas the personal savings rate of people in the United 
     States declined from negative 0.5 percent in 2005 to negative 
     1.0 percent in 2006, making 2005 and 2006 the only years 
     since the Great Depression years of 1932 and 1933 when the 
     savings rate has been negative, and the decline continued in 
     the first month of 2008;
       Whereas, in April 2007, a survey on personal finances 
     reported that 25 percent of workers in the United States 
     responded as having ``no savings'';
       Whereas the 2007 Retirement Confidence Survey conducted by 
     the Employee Benefit Research Institute found that only 43 
     percent of workers or their spouses calculated how much they 
     need to save for retirement, down from 53 percent in 2000;
       Whereas consumer debt exceeded $2,500,000,000,000 in 2007, 
     an increase of 33 percent since 2001;
       Whereas household debt reached a record $13,750,000,000,000 
     in 2007;
       Whereas, during 2007, a near-record high of more than 14 
     percent of disposable personal income went to paying the 
     interest on personal debt;
       Whereas people in the United States are now facing record 
     numbers of homes in foreclosure, and for the first time in 
     history, they have more total debt than equity in their 
     homes;

[[Page 4625]]

       Whereas approximately 800,000 families filed for bankruptcy 
     in 2007;
       Whereas nearly half of adults in the United States are not 
     aware that they can access their credit reports for free, and 
     1 in 4 reported having never checked their credit score;
       Whereas, in a 2006 survey, the Jump$tart Coalition for 
     Personal Financial Literacy found that high school seniors 
     scored an average of only 52.4 percent on an exam testing 
     knowledge of basic personal finance;
       Whereas approximately 10,000,000 households in the United 
     States do not have accounts at mainstream financial 
     institutions such as banks or credit unions;
       Whereas expanding access to the mainstream financial system 
     will provide individuals with less expensive and more secure 
     options for managing their finances and building wealth;
       Whereas the 2007 Survey of the States compiled by the 
     National Council on Economic Education found that only 22 
     States require testing of economics as a high school 
     graduation requirement, 3 fewer States than did so in 2004;
       Whereas quality personal financial education is essential 
     to ensure that individuals are prepared to manage money, 
     credit, and debt, and to become responsible workers, heads of 
     households, investors, entrepreneurs, business leaders, and 
     citizens;
       Whereas increased financial literacy empowers individuals 
     to make wise financial decisions and reduces the confusion 
     caused by the increasingly complex economy of the United 
     States;
       Whereas a greater understanding of, and familiarity with, 
     financial markets and institutions will lead to increased 
     economic activity and growth;
       Whereas, in 2003, Congress found it important to coordinate 
     Federal financial literacy efforts and formulate a national 
     strategy; and
       Whereas, in light of that finding, Congress passed the 
     Financial Literacy and Education Improvement Act of 2003 
     (Public Law 108-159; 117 Stat. 2003) establishing the 
     Financial Literacy and Education Commission and designating 
     the Office of Financial Education of the Department of the 
     Treasury to provide support for the Commission: Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) designates April 2008 as ``Financial Literacy Month'' 
     to raise public awareness about--
       (A) the importance of personal financial education in the 
     United States; and
       (B) the serious consequences that may result from a lack of 
     understanding about personal finances; and
       (2) calls on the Federal Government, States, localities, 
     schools, nonprofit organizations, businesses, and the people 
     of the United States to observe the month with appropriate 
     programs and activities.

                          ____________________




SENATE CONCURRENT RESOLUTION 72--SUPPORTING THE GOALS AND IDEALS OF THE 
                    INTERNATIONAL YEAR OF SANITATION

  Mr. DURBIN (for himself, Mr. Brownback, Mr. Brown, Mr. Feingold, and 
Mr. Voinovich) submitted the following concurrent resolution; which was 
referred to the Committee on Foreign Relations:

                            S. Con. Res. 72

       Whereas, at the 55th Session of the United Nations General 
     Assembly in 2000, the United States, along with other world 
     leaders, committed to achieving the Millennium Development 
     Goals (MDGs), which provide a framework for countries and 
     international organizations to combat such global social ills 
     as poverty, hunger, and disease;
       Whereas one target of the Millennium Development Goals is 
     to halve by 2015 the proportion of people without access to 
     safe drinking water and basic sanitation, the only target to 
     be codified into United States law, in the Paul Simon Water 
     for the Poor Act of 2005 (Public Law 109-121);
       Whereas the lack of access to safe water and sanitation is 
     one of the most pressing environmental public health issues 
     in the world;
       Whereas over 1,000,000,000 people live without potable 
     water, and an estimated 2,600,000,000 people, including 
     980,000,000 children, do not have access to basic sanitation 
     facilities;
       Whereas, every 20 seconds, a child dies as a direct result 
     of a lack of access to basic sanitation facilities;
       Whereas only 36 percent of people in sub-Saharan Africa and 
     37 percent of people in South Asia have access to safe 
     drinking water and sanitation, the lowest rates in the world;
       Whereas, at any one time, almost half of the people in the 
     developing world are suffering from diseases associated with 
     lack of water, sanitation, and hygiene;
       Whereas improved sanitation decreases the incidences of 
     debilitating and deadly maladies such as cholera, intestinal 
     worms, diarrhea, pneumonia, dysentery, and skin infections;
       Whereas sanitation is the foundation of health, dignity, 
     and development;
       Whereas increased sanitation is fundamental for reaching 
     all of the Millennium Development Goals;
       Whereas access to basic sanitation helps economic and 
     social development in countries where poor sanitation is a 
     major cause of lost work and school days because of illness;
       Whereas sanitation in schools enables children, 
     particularly girls reaching puberty, to remain in the 
     educational system;
       Whereas, according to the World Health Organization, every 
     dollar spent on proper sanitation by governments generates an 
     average $7 in economic benefit;
       Whereas improved disposal of human waste protects the 
     quality of water sources used for drinking, preparation of 
     food, agriculture, and bathing;
       Whereas, at the 61st Session of the United Nations General 
     Assembly in 2006, the United Nations declared 2008 as the 
     International Year of Sanitation to recognize the progress 
     made in achieving the global sanitation target detailed in 
     the Millennium Development Goals, as well as to call upon all 
     member states, United Nations agencies, regional and 
     international organizations, civil society organizations, and 
     other relevant stakeholders to renew their commitment to 
     attaining that target;
       Whereas the official launching of the International Year of 
     Sanitation at the United Nations was on November 21, 2007; 
     and
       Whereas the thrust of the International Year of Sanitation 
     has three parts, including raising awareness of the 
     importance of sanitation and its impact on reaching other 
     Millennium Development Goals, encouraging governments and its 
     partners to promote and implement policies and actions for 
     meeting the sanitation target, and mobilizing communities, 
     particularly women's groups, towards changing sanitation and 
     hygiene practices through sanitation health-education 
     campaigns: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That Congress--
       (1) supports the goals and ideals of the International Year 
     of Sanitation;
       (2) recognizes the importance of sanitation on public 
     health, poverty reduction, economic and social development, 
     and the environment; and
       (3) encourages the people of the United States to observe 
     the International Year of Sanitation with appropriate 
     recognition, ceremonies, activities, and programs to 
     demonstrate the importance of sanitation, hygiene, and access 
     to safe drinking water in achieving the Millennium 
     Development Goals.

                          ____________________




                   AMENDMENTS SUBMITTED AND PROPOSED

       SA 4381. Ms. MIKULSKI (for herself, Mr. Kennedy, and Mr. 
     Harkin) 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.
       SA 4382. Mrs. LINCOLN (for herself, Mr. Smith, Mr. Kerry, 
     Ms. Stabenow, and Mr. Levin) 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 4383. Mr. NELSON of Florida (for Mrs. Feinstein (for 
     herself, Mr. Sessions, Mr. Biden, Mr. Cornyn, Mr. Coleman, 
     and Mr. Leahy)) proposed an amendment to the bill S. 980, to 
     amend the Controlled Substances Act to address online 
     pharmacies.

                          ____________________




                           TEXT OF AMENDMENTS

  SA 4381. Ms. MIKULSKI (for herself, Mr. Kennedy, and Mr. Harkin) 
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:

       On page 13, line 8, strike ``$200,000,000,000'' and insert 
     ``$237,500,000''.
       On page 13, line 13, strike the period and insert the 
     following: ``: Provided, That, of such amounts $37,500,000 
     shall be used by the Neighborhood Reinvestment Corporation 
     (referred to in this section as the `NRC') to (1) make grants 
     to counseling intermediaries approved by the Department of 
     Housing and

[[Page 4626]]

     Urban Development or the NRC to hire attorneys trained and 
     capable of assisting homeowners of owner-occupied homes with 
     mortgages in default, in danger of default, or subject to or 
     at risk of foreclosure who have legal issues that cannot be 
     handled by counselors already employed by such 
     intermediaries, and (2) support NRC partnerships with State 
     and local legal organizations and organizations described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and 
     exempt from tax under section 501(a) of that Code with 
     demonstrated relevant legal experience in home foreclosure 
     law, as such experience is determined by the Chief Executive 
     Officer of NRC: Provided further, That for the purpose of the 
     prior proviso the term `relevant experience' means experience 
     representing homeowners in negotiations and or legal 
     proceedings aimed at preventing or mitigating foreclosure or 
     providing legal research and technical legal expertise to 
     community based organizations whose goal is to reduce, 
     prevent, or mitigate foreclosure: Provided further, That of 
     the amounts provided for in the prior provisos the NRC shall 
     give priority consideration to counseling intermediaries and 
     legal organizations that (1) provide legal assistance in the 
     100 metropolitan statistical areas (as defined by the 
     Director of the Office of Management and Budget) with the 
     highest home foreclosure rates, and (2) have the capacity to 
     begin using the financial assistance within 90 days after 
     receipt of the assistance.''.
       On page 13, between lines 13 and 14, insert the following:

     SEC. 302. LEGAL ASSISTANCE RELATED TO HOME OWNERSHIP 
                   PRESERVATION AND FORECLOSURE PREVENTION.

       (a) Appropriation.--
       (1) In general.--There is authorized to be appropriated and 
     there is appropriated to the Legal Services Corporation 
     $37,500,000 to provide legal assistance related to home 
     ownership preservation, home foreclosure prevention, and 
     tenancy associated with home foreclosure.
       (2) Availability.--Such funds shall remain available until 
     expended.
       (b) Funding Requirements.--Each limitation on expenditures, 
     and each term or condition, that applies to funds 
     appropriated to the Legal Services Corporation under the 
     Commerce, Justice, Science, and Related Agencies 
     Appropriations Act, 2008, shall apply to funds appropriated 
     to the Corporation under subsection (a), except as provided 
     in subsections (a)(1) and (c).
       (c) Priority.--In providing financial assistance from the 
     funds appropriated under subsection (a), the Corporation 
     shall give priority to eligible entities and individuals 
     that--
       (1) provide legal assistance in the 100 metropolitan 
     statistical areas (as defined by the Director of the Office 
     of Management and Budget) with the highest home foreclosure 
     rates; and
       (2) have the capacity to begin using the financial 
     assistance within 90 days after receipt of the assistance.
                                 ______
                                 
  SA 4382. Mrs. LINCOLN (for herself, Mr. Smith, Mr. Kerry, Ms. 
Stabenow, and Mr. Levin) 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 title III add the following:

     SEC. 302. EXCLUSION FOR AMOUNTS RECEIVED UNDER QUALIFIED 
                   GROUP LEGAL SERVICES PLANS RESTORED, EXTENDED, 
                   AND MODIFIED.

       (a) Removal of Dollar Limitation.--Section 120(a) of the 
     Internal Revenue Code of 1986 (relating to exclusion by 
     employee for contributions and legal services provided by 
     employer) is amended by striking the last sentence.
       (b) Real Estate Matters Emphasized.--Section 120(c) of the 
     Internal Revenue Code of 1986 (relating to requirements) is 
     amended by adding at the end the following new paragraph:
       ``(6) Benefits.--The plan shall provide, at a minimum, 
     legal services for real estate matters relating to family or 
     personal residences, including document review of real estate 
     sales, purchases, closings, mortgages, and foreclosures.''.
       (c) Extension.--Section 120(e) of the Internal Revenue Code 
     of 1986 is amended to read as follows:
       ``(e) Application.--This section and section 501(c)(20) 
     shall apply to taxable years beginning after December 31, 
     2007, and before January 1, 2010.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.
                                 ______
                                 
  SA 4383. Mr. NELSON of Florida (for Mrs. Feinstein (for herself, Mr. 
Sessions, Mr. Biden, Mr. Cornyn, Mr. Coleman, and Mr. Leahy) proposed 
an amendment to the bill S. 980, to amend the Controlled Substances Act 
to address online pharmacies; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ryan Haight Online Pharmacy 
     Consumer Protection Act of 2008''.

     SEC. 2. REQUIREMENT OF A VALID PRESCRIPTION FOR CONTROLLED 
                   SUBSTANCES DISPENSED BY MEANS OF THE INTERNET.

       Section 309 of the Controlled Substances Act (21 U.S.C. 
     829) is amended by adding at the end the following:
       ``(e) Controlled Substances Dispensed by Means of the 
     Internet.--
       ``(1) No controlled substance may be delivered, 
     distributed, or dispensed by means of the Internet without a 
     valid prescription.
       ``(2) As used in this subsection:
       ``(A) The term `valid prescription' means a prescription 
     that is issued for a legitimate medical purpose in the usual 
     course of professional practice by--
       ``(i) a practitioner who has conducted at least 1 in-person 
     medical evaluation of the patient; or
       ``(ii) a covering practitioner.
       ``(B)(i) The term `in-person medical evaluation' means a 
     medical evaluation that is conducted with the patient in the 
     physical presence of the practitioner, without regard to 
     whether portions of the evaluation are conducted by other 
     health professionals.
       ``(ii) Nothing in clause (i) shall be construed to imply 
     that 1 in-person medical evaluation demonstrates that a 
     prescription has been issued for a legitimate medical purpose 
     within the usual course of professional practice.
       ``(C) The term `covering practitioner' means, with respect 
     to a patient, a practitioner who conducts a medical 
     evaluation (other than an in-person medical evaluation) at 
     the request of a practitioner who--
       ``(i) has conducted at least 1 in-person medical evaluation 
     of the patient or an evaluation of the patient through the 
     practice of telemedicine, within the previous 24 months; and
       ``(ii) is temporarily unavailable to conduct the evaluation 
     of the patient.
       ``(3) Nothing in this subsection shall apply to--
       ``(A) the delivery, distribution, or dispensing of a 
     controlled substance by a practitioner engaged in the 
     practice of telemedicine; or
       ``(B) the dispensing or selling of a controlled substance 
     pursuant to practices as determined by the Attorney General 
     by regulation, which shall be consistent with effective 
     controls against diversion.''.

     SEC. 3. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT RELATING 
                   TO THE DELIVERY OF CONTROLLED SUBSTANCES BY 
                   MEANS OF THE INTERNET.

       (a) In General.--Section 102 of the Controlled Substances 
     Act (21 U.S.C. 802) is amended by adding at the end the 
     following:
       ``(50) The term `Internet' means collectively the myriad of 
     computer and telecommunications facilities, including 
     equipment and operating software, which comprise the 
     interconnected worldwide network of networks that employ the 
     Transmission Control Protocol/Internet Protocol, or any 
     predecessor or successor protocol to such protocol, to 
     communicate information of all kinds by wire or radio.
       ``(51) The term `deliver, distribute, or dispense by means 
     of the Internet' refers, respectively, to any delivery, 
     distribution, or dispensing of a controlled substance that is 
     caused or facilitated by means of the Internet.
       ``(52) The term `online pharmacy'--
       ``(A) means a person, entity, or Internet site, whether in 
     the United States or abroad, that knowingly or intentionally 
     delivers, distributes, or dispenses, or offers or attempts to 
     deliver, distribute, or dispense, a controlled substance by 
     means of the Internet; and
       ``(B) does not include--
       ``(i) manufacturers or distributors registered under 
     subsection (a), (b), (c), or (d) of section 303 who do not 
     dispense controlled substances to an unregistered individual 
     or entity;
       ``(ii) nonpharmacy practitioners who are registered under 
     section 303(f) and whose activities are authorized by that 
     registration;
       ``(iii) any hospital or other medical facility that is 
     operated by an agency of the United States (including the 
     Armed Forces), provided such hospital or other facility is 
     registered under section 303(f);
       ``(iv) a health care facility owned or operated by an 
     Indian tribe or tribal organization, only to the extent such 
     facility is carrying out a contract or compact under the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450 et seq.);
       ``(v) any agent or employee of any hospital or facility 
     referred to in clause (iii) or (iv), provided such agent or 
     employee is lawfully acting in the usual course of business 
     or employment, and within the scope of the official duties of 
     such agent or employee, with

[[Page 4627]]

     such hospital or facility, and, with respect to agents or 
     employees of health care facilities specified in clause (iv), 
     only to the extent such individuals are furnishing services 
     pursuant to the contracts or compacts described in such 
     clause;
       ``(vi) mere advertisements that do not attempt to 
     facilitate an actual transaction involving a controlled 
     substance;
       ``(vii) a person, entity, or Internet site that is not in 
     the United States and does not facilitate the delivery, 
     distribution, or dispensing of a controlled substance by 
     means of the Internet to any person in the United States;
       ``(viii) a pharmacy registered under section 303(f) whose 
     dispensing of controlled substances via the Internet consists 
     solely of--

       ``(I) `refilling prescriptions for controlled substances in 
     schedule III, IV, or V', as defined in paragraph (55); or
       ``(II) `filling new prescriptions for controlled substances 
     in schedule III, IV, or V', as defined in paragraph (56); or

       ``(ix) any other persons for whom the Attorney General and 
     the Secretary have jointly, by regulation, found it to be 
     consistent with effective controls against diversion and 
     otherwise consistent with the public health and safety to 
     exempt from the definition of an `online pharmacy'.
       ``(53) The term `homepage' means the opening or main page 
     or screen of the website of an online pharmacy that is 
     viewable on the Internet.
       ``(54) The term `practice of telemedicine' means, for 
     purposes of this title, the practice of medicine in 
     accordance with applicable Federal and State laws by a 
     practitioner (other than a pharmacist) who is at a location 
     remote from the patient and is communicating with the 
     patient, or health care professional who is treating the 
     patient, using a telecommunications system referred to in 
     section 1834(m) of the Social Security Act (42 U.S.C. 
     1395m(m)), and that--
       ``(A) is being conducted--
       ``(i) while the patient is being treated by, and physically 
     located in, a hospital or clinic registered under section 
     303(f); and
       ``(ii) by a practitioner--

       ``(I) acting in the usual course of professional practice;
       ``(II) acting in accordance with applicable State law; and
       ``(III) registered under section 303(f) in the State in 
     which the patient is located, unless the practitioner--

       ``(aa) is exempted from such registration in all States 
     under section 302(d); or
       ``(bb) is--
       ``(AA) an employee or contractor of the Department of 
     Veterans Affairs who is acting in the scope of such 
     employment or contract; and
       ``(BB) registered under section 303(f) in any State or is 
     utilizing the registration of a hospital or clinic operated 
     by the Department of Veterans Affairs registered under 
     section 303(f);
       ``(B) is being conducted while the patient is being treated 
     by, and in the physical presence of, a practitioner--
       ``(i) acting in the usual course of professional practice;
       ``(ii) acting in accordance with applicable State law; and
       ``(iii) registered under section 303(f) in the State in 
     which the patient is located, unless the practitioner--

       ``(I) is exempted from such registration in all States 
     under section 302(d); or
       ``(II) is--

       ``(aa) an employee or contractor of the Department of 
     Veterans Affairs who is acting in the scope of such 
     employment or contract; and
       ``(bb) registered under section 303(f) in any State or is 
     using the registration of a hospital or clinic operated by 
     the Department of Veterans Affairs registered under section 
     303(f);
       ``(C) is being conducted by a practitioner--
       ``(i) who is an employee or contractor of the Indian Health 
     Service, or is working for an Indian tribe or tribal 
     organization under its contract or compact with the Indian 
     Health Service under the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.);
       ``(ii) acting within the scope of the employment, contract, 
     or compact described in clause (i); and
       ``(iii) who is designated as an Internet Eligible 
     Controlled Substances Provider by the Secretary under section 
     311(g)(2);
       ``(D)(i) is being conducted during a public health 
     emergency declared by the Secretary under section 319 of the 
     Public Health Service Act (42 U.S.C. 247d); and
       ``(ii) involves patients located in such areas, and such 
     controlled substances, as the Secretary, with the concurrence 
     of the Attorney General, designates, provided that such 
     designation shall not be subject to the procedures prescribed 
     by subchapter II of chapter 5 of title 5, United States Code;
       ``(E) is being conducted by a practitioner who has obtained 
     from the Attorney General a special registration under 
     section 311(h);
       ``(F) is being conducted--
       ``(i) in a medical emergency situation--

       ``(I) that prevents the patient from being in the physical 
     presence of a practitioner registered under section 303(f) 
     who is an employee or contractor of the Veterans Health 
     Administration acting in the usual course of business and 
     employment and within the scope of the official duties or 
     contract of that employee or contractor;
       ``(II) that prevents the patient from being physically 
     present at a hospital or clinic operated by the Department of 
     Veterans Affairs registered under section 303(f);
       ``(III) during which the primary care practitioner of the 
     patient or a practitioner otherwise practicing telemedicine 
     within the meaning of this paragraph is unable to provide 
     care or consultation; and
       ``(IV) that requires immediate intervention by a health 
     care practitioner using controlled substances to prevent what 
     the practitioner reasonably believes in good faith will be 
     imminent and serious clinical consequences, such as further 
     injury or death; and

       ``(ii) by a practitioner that--

       ``(I) is an employee or contractor of the Veterans Health 
     Administration acting within the scope of that employment or 
     contract;
       ``(II) is registered under section 303(f) in any State or 
     is utilizing the registration of a hospital or clinic 
     operated by the Department of Veterans Affairs registered 
     under section 303(f); and
       ``(III) issues a controlled substance prescription in this 
     emergency context that is limited to a maximum of a 5-day 
     supply which may not be extended or refilled; or

       ``(G) is being conducted under any other circumstances that 
     the Attorney General and the Secretary have jointly, by 
     regulation, determined to be consistent with effective 
     controls against diversion and otherwise consistent with the 
     public health and safety.
       ``(55) The term `refilling prescriptions for controlled 
     substances in schedule III, IV, or V'--
       ``(A) means the dispensing of a controlled substance in 
     schedule III, IV, or V in accordance with refill instructions 
     issued by a practitioner as part of a valid prescription that 
     meets the requirements of subsection (b) or (c) of section 
     309, as appropriate; and
       ``(B) does not include the issuance of a new prescription 
     to an individual for a controlled substance that individual 
     was previously prescribed.
       ``(56) The term `filling new prescriptions for controlled 
     substances in schedule III, IV, or V' means a prescription 
     for an individual for a controlled substance in schedule III, 
     IV, or V, if--
       ``(A) the pharmacy dispensing that prescription has 
     previously dispensed to the patient that same controlled 
     substance other than by means of the Internet and pursuant to 
     the valid prescription of a practitioner that meets the 
     applicable requirements of sections 309(b) or (c) (in this 
     paragraph referred to as the `original prescription');
       ``(B) the pharmacy contacts the practitioner who issued the 
     original prescription at the request of that individual to 
     determine whether the practitioner will authorize the 
     issuance of a new prescription for that individual for the 
     controlled substance described in subparagraph (A); and
       ``(C) the practitioner, acting in the usual course of 
     professional practice, determines there is a legitimate 
     medical purpose for the issuance of the new prescription.''.
       (b) Registration Requirements.--Section 303(f) of the 
     Controlled Substances Act (21 U.S.C. 823(f)) is amended in 
     the matter preceding paragraph (1)--
       (1) in the first sentence, by adding after ``schedule II, 
     III, IV, or V'' the following: ``and shall modify the 
     registrations of pharmacies so registered to authorize them 
     to dispense controlled substances by means of the Internet''; 
     and
       (2) in the second sentence, by striking ``if he determines 
     that the issuance of such registration'' and inserting ``or 
     such modification of registration if the Attorney General 
     determines that the issuance of such registration or 
     modification''.
       (c) Reporting Requirements.--Section 307(d) of the 
     Controlled Substances Act (21 U.S.C. 827(d)) is amended by--
       (1) designating the text as paragraph (1); and
       (2) inserting after paragraph (1), as so designated by this 
     Act, the following:
       ``(2) Each pharmacy with a modified registration under 
     section 303(f) that authorizes the dispensing of controlled 
     substances by means of the Internet shall report to the 
     Attorney General the controlled substances it dispenses, in 
     the amount specified, and in such time and manner as the 
     Attorney General by regulation shall require, except that the 
     Attorney General, under this paragraph, may not require any 
     pharmacy to report any information other than the total 
     quantity of each controlled substance that the pharmacy has 
     dispensed each month. For purposes of this subsection, no 
     reporting shall be required unless the pharmacy has met 1 of 
     the following thresholds in the month for which the reporting 
     is required:
       ``(A) 100 or more prescriptions dispensed.
       ``(B) 5,000 or more dosage units of all controlled 
     substances combined.''.
       (d) Online Prescription Requirements.--
       (1) In general.--The Controlled Substances Act is amended 
     by inserting after section 310 (21 U.S.C. 830) the following:


      ``additional requirements relating to online pharmacies and 
                              telemedicine

       ``Sec. 311.  (a) In General.--An online pharmacy shall 
     display in a visible and clear manner on its homepage a 
     statement that it

[[Page 4628]]

     complies with the requirements of this section with respect 
     to the delivery or sale or offer for sale of controlled 
     substances and shall at all times display on the homepage of 
     its Internet site a declaration of compliance in accordance 
     with this section.
       ``(b) Licensure.--Each online pharmacy shall comply with 
     the requirements of State law concerning the licensure of 
     pharmacies in each State from which it, and in each State to 
     which it, delivers, distributes, or dispenses or offers to 
     deliver, distribute, or dispense controlled substances by 
     means of the Internet, pursuant to applicable licensure 
     requirements, as determined by each such State.
       ``(c) Internet Pharmacy Site Disclosure Information.--Each 
     online pharmacy shall post in a visible and clear manner on 
     the homepage of each Internet site it operates, or on a page 
     directly linked thereto in which the hyperlink is also 
     visible and clear on the homepage, the following information 
     for each pharmacy that delivers, distributes, or dispenses 
     controlled substances pursuant to orders made on, through, or 
     on behalf of, that website:
       ``(1) The name and address of the pharmacy as it appears on 
     the pharmacy's Drug Enforcement Administration certificate of 
     registration.
       ``(2) The pharmacy's telephone number and email address.
       ``(3) The name, professional degree, and States of 
     licensure of the pharmacist-in-charge, and a telephone number 
     at which the pharmacist-in-charge can be contacted.
       ``(4) A list of the States in which the pharmacy is 
     licensed to dispense controlled substances.
       ``(5) A certification that the pharmacy is registered under 
     this part to deliver, distribute, or dispense by means of the 
     Internet controlled substances.
       ``(6) The name, address, telephone number, professional 
     degree, and States of licensure of any practitioner who has a 
     contractual relationship to provide medical evaluations or 
     issue prescriptions for controlled substances, through 
     referrals from the website or at the request of the owner or 
     operator of the website, or any employee or agent thereof.
       ``(7) The following statement, unless revised by the 
     Attorney General by regulation: `This online pharmacy will 
     only dispense a controlled substance to a person who has a 
     valid prescription issued for a legitimate medical purpose 
     based upon a medical relationship with a prescribing 
     practitioner. This includes at least one prior in-person 
     medical evaluation or medical evaluation via telemedicine in 
     accordance with applicable requirements of section 309 of the 
     Controlled Substances Act (21 U.S.C. 829).'.
       ``(d) Notification.--(1) Thirty days prior to offering a 
     controlled substance for sale, delivery, distribution, or 
     dispensing, the online pharmacy shall notify the Attorney 
     General, in the form and manner as the Attorney General shall 
     determine, and the State boards of pharmacy in any States in 
     which the online pharmacy offers to sell, deliver, 
     distribute, or dispense controlled substances.
       ``(2) The notification required under paragraph (1) shall 
     include--
       ``(A) the information required to be posted on the online 
     pharmacy's Internet site under subsection (c) and shall 
     notify the Attorney General and the applicable State boards 
     of pharmacy, under penalty of perjury, that the information 
     disclosed on its Internet site under subsection (c) is true 
     and accurate;
       ``(B) the online pharmacy's Internet site address and a 
     certification that the online pharmacy shall notify the 
     Attorney General of any change in the address at least 30 
     days in advance; and
       ``(C) the Drug Enforcement Administration registration 
     numbers of any pharmacies and practitioners referred to in 
     subsection (c), as applicable.
       ``(3) An online pharmacy that is already operational as of 
     the effective date of this section, shall notify the Attorney 
     General and applicable State boards of pharmacy in accordance 
     with this subsection not later than 30 days after the 
     effective date of this section.
       ``(e) Declaration of Compliance.--On and after the date on 
     which it makes the notification under subsection (d), each 
     online pharmacy shall display on the homepage of its Internet 
     site, in such form as the Attorney General shall by 
     regulation require, a declaration that it has made such 
     notification to the Attorney General.
       ``(f) Reports.--Any statement, declaration, notification, 
     or disclosure required under this section shall be considered 
     a report required to be kept under this part.
       ``(g) Notice and Designations Concerning Indian Tribes.--
       ``(1) In general.--For purposes of sections 102(52) and 
     512(c)(6)(B), the Secretary shall notify the Attorney 
     General, at such times and in such manner as the Secretary 
     and the Attorney General determine appropriate, of the Indian 
     tribes or tribal organizations with which the Secretary has 
     contracted or compacted under the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.) for the 
     tribes or tribal organizations to provide pharmacy services.
       ``(2) Designations.--
       ``(A) In general.--The Secretary may designate a 
     practitioner described in subparagraph (B) as an Internet 
     Eligible Controlled Substances Provider. Such designations 
     shall be made only in cases where the Secretary has found 
     that there is a legitimate need for the practitioner to be so 
     designated because the population served by the practitioner 
     is in a sufficiently remote location that access to medical 
     services is limited.
       ``(B) Practitioners.--A practitioner described in this 
     subparagraph is a practitioner who is an employee or 
     contractor of the Indian Health Service, or is working for an 
     Indian tribe or tribal organization under its contract or 
     compact under the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.) with the Indian Health 
     Service.
       ``(h) Special Registration for Telemedicine.--
       ``(1) In general.--The Attorney General may issue to a 
     practitioner a special registration to engage in the practice 
     of telemedicine for purposes of section 102(54)(E) if the 
     practitioner, upon application for such special 
     registration--
       ``(A) demonstrates a legitimate need for the special 
     registration; and
       ``(B) is registered under section 303(f) in the State in 
     which the patient will be located when receiving the 
     telemedicine treatment, unless the practitioner--
       ``(i) is exempted from such registration in all States 
     under section 302(d); or
       ``(ii) is an employee or contractor of the Department of 
     Veterans Affairs who is acting in the scope of such 
     employment or contract and is registered under section 303(f) 
     in any State or is utilizing the registration of a hospital 
     or clinic operated by the Department of Veterans Affairs 
     registered under section 303(f).
       ``(2) Regulations.--The Attorney General shall, with the 
     concurrence of the Secretary, promulgate regulations 
     specifying the limited circumstances in which a special 
     registration under this subsection may be issued and the 
     procedures for obtaining such a special registration.
       ``(3) Denials.--Proceedings to deny an application for 
     registration under this subsection shall be conducted in 
     accordance with section 304(c).
       ``(i) Reporting of Telemedicine by VHA During Medical 
     Emergency Situations.--
       ``(1) In general.--Any practitioner issuing a prescription 
     for a controlled substance under the authorization to conduct 
     telemedicine during a medical emergency situation described 
     in section 102(54)(F) shall report to the Secretary of 
     Veterans Affairs the authorization of that emergency 
     prescription, in accordance with such requirements as the 
     Secretary of Veterans Affairs shall, by regulation, 
     establish.
       ``(2) To attorney general.--Not later than 30 days after 
     the date that a prescription described in subparagraph (A) is 
     issued, the Secretary of Veterans Affairs shall report to the 
     Attorney General the authorization of that emergency 
     prescription.
       ``(j) Clarification Concerning Prescription Transfers.--Any 
     transfer between pharmacies of information relating to a 
     prescription for a controlled substance shall meet the 
     applicable requirements under regulations promulgated by the 
     Attorney General under this Act.''.
       (2) Technical and conforming amendments.--The table of 
     contents for the Comprehensive Drug Abuse Prevention and 
     Control Act of 1970 (Public Law 91-513; 84 Stat. 1236) is 
     amended by inserting after the item relating to section 310 
     the following:

``Sec. 311. Additional requirements relating to online pharmacies and 
              telemedicine.''.
       (e) Offenses Involving Controlled Substances in Schedules 
     III, IV, and V.--Section 401(b) of the Controlled Substances 
     Act (21 U.S.C. 841(b)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (C), by striking ``1 gram of'' before 
     ``flunitrazepam'';
       (B) in subparagraph (D), by striking ``or in the case of 
     any controlled substance in schedule III (other than gamma 
     hydroxybutyric acid), or 30 milligrams of flunitrazepam''; 
     and
       (C) by adding at the end the following:
       ``(E)(i) In the case of any controlled substance in 
     schedule III, such person shall be sentenced to a term of 
     imprisonment of not more than 10 years and if death or 
     serious bodily injury results from the use of such substance 
     shall be sentenced to a term of imprisonment of not more than 
     20 years, a fine not to exceed the greater of that authorized 
     in accordance with the provisions of title 18, United States 
     Code, or $500,000 if the defendant is an individual or 
     $2,500,000 if the defendant is other than an individual, or 
     both.
       ``(ii) If any person commits such a violation after a prior 
     conviction for a felony drug offense has become final, such 
     person shall be sentenced to a term of imprisonment of not 
     more than 20 years and if death or serious bodily injury 
     results from the use of such substance shall be sentenced to 
     a term of imprisonment of not more than 30 years, a fine not 
     to exceed the greater of twice that authorized in accordance 
     with the provisions of title 18, United States Code, or 
     $1,000,000 if the defendant is an individual or $5,000,000 if 
     the defendant is other than an individual, or both.
       ``(iii) Any sentence imposing a term of imprisonment under 
     this subparagraph shall, in

[[Page 4629]]

     the absence of such a prior conviction, impose a term of 
     supervised release of at least 2 years in addition to such 
     term of imprisonment and shall, if there was such a prior 
     conviction, impose a term of supervised release of at least 4 
     years in addition to such term of imprisonment.'';
       (2) in paragraph (2)--
       (A) by striking ``3 years'' and inserting ``5 years'';
       (B) by striking ``6 years'' and inserting ``10 years'';
       (C) by striking ``after one or more prior convictions'' and 
     all that follows through ``have become final,'' and inserting 
     ``after a prior conviction for a felony drug offense has 
     become final,''; and
       (3) in paragraph (3)--
       (A) by striking ``2 years'' and inserting ``6 years'';
       (B) by striking ``after one or more convictions'' and all 
     that follows through ``have become final,'' and inserting 
     ``after a prior conviction for a felony drug offense has 
     become final,''; and
       (C) by adding at the end the following ``Any sentence 
     imposing a term of imprisonment under this paragraph may, if 
     there was a prior conviction, impose a term of supervised 
     release of not more than 1 year, in addition to such term of 
     imprisonment.''.
       (f) Offenses Involving Dispensing of Controlled Substances 
     by Means of the Internet.--Section 401 of the Controlled 
     Substances Act (21 U.S.C. 841) is amended by adding at the 
     end the following:
       ``(g) Offenses Involving Dispensing of Controlled 
     Substances by Means of the Internet.--(1) It shall be 
     unlawful for any person to knowingly or intentionally--
       ``(A) deliver, distribute, or dispense a controlled 
     substance by means of the Internet, except as authorized by 
     this title; or
       ``(B) aid or abet (as such terms are used in section 2 of 
     title 18, United States Code) any activity described in 
     subparagraph (A) that is not authorized by this title.
       ``(2) Examples of activities that violate paragraph (1) 
     include, but are not limited to, knowingly or intentionally--
       ``(A) delivering, distributing, or dispensing a controlled 
     substance by means of the Internet by an online pharmacy that 
     is not validly registered with a modification authorizing 
     such activity as required by section 303(f) (unless exempt 
     from such registration);
       ``(B) writing a prescription for a controlled substance for 
     the purpose of delivery, distribution, or dispensation by 
     means of the Internet in violation of section 309(e);
       ``(C) serving as an agent, intermediary, or other entity 
     that causes the Internet to be used to bring together a buyer 
     and seller to engage in the dispensing of a controlled 
     substance in a manner not authorized by sections 303(f) or 
     309(e);
       ``(D) offering to fill a prescription for a controlled 
     substance based solely on a consumer's completion of an 
     online medical questionnaire; and
       ``(E) making a material false, fictitious, or fraudulent 
     statement or representation in the submission to the Attorney 
     General under section 311.
       ``(3)(A) This subsection does not apply to--
       ``(i) the delivery, distribution, or dispensation of 
     controlled substances by nonpractitioners to the extent 
     authorized by their registration under this title;
       ``(ii) the placement on the Internet of material that 
     merely advocates the use of a controlled substance or 
     includes pricing information without attempting to propose or 
     facilitate an actual transaction involving a controlled 
     substance; or
       ``(iii) except as provided in subparagraph (B), any 
     activity that is limited to--
       ``(I) the provision of a telecommunications service, or of 
     an Internet access service or Internet information location 
     tool (as those terms are defined in section 231 of the 
     Communications Act of 1934 (47 U.S.C. 231)); or
       ``(II) the transmission, storage, retrieval, hosting, 
     formatting, or translation (or any combination thereof) of a 
     communication, without selection or alteration of the content 
     of the communication, except that deletion of a particular 
     communication or material made by another person in a manner 
     consistent with section 230(c) of the Communications Act of 
     1934 (47 U.S.C. 230(c)) shall not constitute such selection 
     or alteration of the content of the communication.
       ``(B) The exceptions under subclauses (I) and (II) of 
     subparagraph (A)(iii) shall not apply to a person acting in 
     concert with a person who violates paragraph (1).
       ``(4) Any person who knowingly or intentionally violates 
     this subsection shall be sentenced in accordance with 
     subsection (b) of this section.''.
       (g) Publication.--Section 403(c) of the Controlled 
     Substances Act (21 U.S.C. 843(c)) is amended by--
       (1) designating the text as paragraph (1); and
       (2) adding at the end the following:
       ``(2)(A) Except as authorized by this title, it shall be 
     unlawful for any person by means of the Internet to knowingly 
     advertise the sale or distribution of, or to offer to sell, 
     distribute, or dispense, a controlled substance.
       ``(B) Examples of activities that violate subparagraph (A) 
     include, but are not limited to, knowingly or intentionally 
     causing the placement on the Internet of an advertisement 
     that refers to or directs prospective buyers to Internet 
     sellers of controlled substances who are not registered with 
     a modification under section 303(f).
       ``(C) Subparagraph (A) does not apply to material that 
     either--
       ``(i) merely advertises the distribution of controlled 
     substances by nonpractitioners to the extent authorized by 
     their registration under this title; or
       ``(ii) merely advocates the use of a controlled substance 
     or includes pricing information without attempting to 
     facilitate an actual transaction involving a controlled 
     substance.''.
       (h) Injunctive Relief.--Section 512 of the Controlled 
     Substances Act (21 U.S.C. 882) is amended by adding at the 
     end the following:
       ``(c) State Cause of Action Pertaining to Online 
     Pharmacies.--(1) In any case in which the State has reason to 
     believe that an interest of the residents of that State has 
     been or is being threatened or adversely affected by the 
     action of a person, entity, or Internet site that violates 
     the provisions of section 303(f), 309(e), or 311, the State 
     may bring a civil action on behalf of such residents in a 
     district court of the United States with appropriate 
     jurisdiction--
       ``(A) to enjoin the conduct which violates this section;
       ``(B) to enforce compliance with this section;
       ``(C) to obtain damages, restitution, or other 
     compensation, including civil penalties under section 402(b); 
     and
       ``(D) to obtain such other legal or equitable relief as the 
     court may find appropriate.
       ``(2)(A) Prior to filing a complaint under paragraph (1), 
     the State shall serve a copy of the complaint upon the 
     Attorney General and upon the United States Attorney for the 
     judicial district in which the complaint is to be filed. In 
     any case where such prior service is not feasible, the State 
     shall serve the complaint on the Attorney General and the 
     appropriate United States Attorney on the same day that the 
     State's complaint is filed in Federal district court of the 
     United States. Such proceedings shall be independent of, and 
     not in lieu of, criminal prosecutions or any other 
     proceedings under this title or any other laws of the United 
     States.
       ``(B) Upon receiving notice respecting a civil action 
     pursuant to this section, the United States shall have the 
     right to intervene in such action, upon so intervening, to be 
     heard on all matters arising therein, and to file petitions 
     for appeal.
       ``(C) Service of a State's complaint on the United States 
     as required in this paragraph shall be made in accord with 
     the requirements of rule 4(i)(1) of the Federal Rule of Civil 
     Procedure.
       ``(3) For purposes of bringing any civil action under 
     paragraph (1), nothing in this Act shall prevent an attorney 
     general of a State from exercising the powers conferred on 
     the attorney general of a State by the laws of such State to 
     conduct investigations or to administer oaths or affirmations 
     or to compel the attendance of witnesses of or the production 
     of documentary or other evidence.
       ``(4) Any civil action brought under paragraph (1) in a 
     district court of the United States may be brought in the 
     district in which the defendant is found, is an inhabitant, 
     or transacts business or wherever venue is proper under 
     section 1391 of title 28, United States Code. Process in such 
     action may be served in any district in which the defendant 
     is an inhabitant or in which the defendant may be found.
       ``(5) No private right of action is created under this 
     subsection.
       ``(6) No civil action may be brought under paragraph (1) 
     against--
       ``(A) the United States;
       ``(B) an Indian Tribe or tribal organization, to the extent 
     such tribe or tribal organization is lawfully carrying out a 
     contract or compact under the Indian Self-Determination and 
     Education Assistance Act; or
       ``(C) any employee of the United States or such Indian 
     tribe or tribal organization, provided such agent or employee 
     is acting in the usual course of business or employment, and 
     within the scope of the official duties of such agent or 
     employee therewith.''.
       (i) Forfeiture of Facilitating Property in Drug Cases.--
     Section 511(a)(4) of the Controlled Substances Act (21 U.S.C. 
     881(a)(4)) is amended to read as follows:
       ``(4) Any property, real or personal, tangible or 
     intangible, used or intended to be used to commit, or to 
     facilitate the commission, of a violation of this title or 
     title III, and any property traceable thereto.''.
       (j) Import and Export Act.--Section 1010(b) of the 
     Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)) is amended--
       (1) in paragraph (4)--
       (A) by striking ``or any quantity of a controlled substance 
     in schedule III, IV, or V, (except a violation involving 
     flunitrazepam and except a violation involving gamma 
     hydroxybutyric acid)'';
       (B) by inserting ``, or'' before ``less than one kilogram 
     of hashish oil''; and
       (C) striking ``imprisoned'' and all that follows through 
     the end of the paragraph and inserting ``sentenced in 
     accordance with section 401(b)(1)(D) of this title (21 U.S.C. 
     841(b)(1)(E)).'';
       (2) by adding at the end the following:
       ``(5) In the case of a violation of subsection (a) of this 
     section involving a controlled substance in schedule III, 
     such person shall be

[[Page 4630]]

     sentenced in accordance with section 401(b)(1)(E).
       ``(6) In the case of a violation of subsection (a) of this 
     section involving a controlled substance in schedule IV 
     (except a violation involving flunitrazepam), such person 
     shall be sentenced in accordance with section 401(b)(2).
       ``(7) In the case of a violation of subsection (a) of this 
     section involving a controlled substance in schedule V, such 
     person shall be sentenced in accordance with section 
     401(b)(3).''; and
       (3) in paragraph (3), by striking ``, nor shall a person so 
     sentenced be eligible for parole during the term of such a 
     sentence'' in the final sentence.
       (k) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this Act shall take effect 180 days after 
     the date of enactment of this Act.
       (2) Definition of practice of telemedicine.--
       (A) In general.--Until the earlier of 3 months after the 
     date on which regulations are promulgated to carry out 
     section 311(h) of the Controlled Substances Act, as amended 
     by this Act, or 15 months after the date of enactment of this 
     Act--
       (i) the definition of the term ``practice of telemedicine'' 
     in subparagraph (B) of this paragraph shall apply for 
     purposes of the Controlled Substances Act; and
       (ii) the definition of the term ``practice of 
     telemedicine'' in section 102(54) of the Controlled 
     Substances Act, as amended by this Act, shall not apply.
       (B) Temporary phase-in of telemedicine regulation.--During 
     the period specified in subparagraph (A), the term ``practice 
     of telemedicine'' means the practice of medicine in 
     accordance with applicable Federal and State laws by a 
     practitioner (as that term is defined in section 102 of the 
     Controlled Substances Act (21 U.S.C. 802)) (other than a 
     pharmacist) who is at a location remote from the patient and 
     is communicating with the patient, or health care 
     professional who is treating the patient, using a 
     telecommunications system referred to in section 1834(m) of 
     the Social Security Act (42 U.S.C. 1395m(m)), if the 
     practitioner is using an interactive telecommunications 
     system that satisfies the requirements of section 
     410.78(a)(3) of title 42, Code of Federal Regulations.
       (C) Rule of construction.--Nothing in this subsection may 
     be construed to create a precedent that any specific course 
     of conduct constitutes the ``practice of telemedicine'' (as 
     that term is defined in section 102(54) of the Controlled 
     Substances Act, as amended by this Act) after the end of the 
     period specified in subparagraph (A).
       (l) Guidelines and Regulations.--
       (1) In general.--The Attorney General may promulgate and 
     enforce any rules, regulations, and procedures which may be 
     necessary and appropriate for the efficient execution of 
     functions under this Act or the amendments made by this Act, 
     and, with the concurrence of the Secretary of Health and 
     Human Services where this Act or the amendments made by this 
     Act so provides, promulgate any interim rules necessary for 
     the implementation of this Act or the amendments made by this 
     Act, prior to its effective date.
       (2) Sentencing guidelines.--The United States Sentencing 
     Commission, in determining whether to amend, or establish 
     new, guidelines or policy statements, to conform the Federal 
     sentencing guidelines and policy statements to this Act and 
     the amendments made by this Act--
       (A) shall consult with the Department of Justice, experts 
     and other affected parties concerning which penalties for 
     scheduled substances amended by this Act should be reflected 
     in the Federal sentencing guidelines; and
       (B) should not construe any change in the maximum penalty 
     for a violation involving a controlled substance in a 
     particular schedule as being the sole reason to amend a, or 
     establish a new, guideline or policy statement.
       (m) Annual Report.--Not later than 180 days after the date 
     of enactment of this Act, and annually for 2 years after the 
     initial report, the Drug Enforcement Administration, in 
     consultation with the Department of State, shall submit to 
     Congress a report describing--
       (1) the foreign supply chains and sources of controlled 
     substances offered for sale without a valid prescription on 
     the Internet;
       (2) the efforts and strategy of the Drug Enforcement 
     Administration to decrease the foreign supply chain and 
     sources of controlled substances offered for sale without a 
     valid prescription on the Internet; and
       (3) the efforts of the Drug Enforcement Administration to 
     work with domestic and multinational pharmaceutical companies 
     and others to build international cooperation and a 
     commitment to fight on a global scale the problem of 
     distribution of controlled substances over the Internet 
     without a valid prescription.

     SEC. 4. RULE OF CONSTRUCTION.

       Nothing in this Act or the amendments made by this Act 
     shall be construed as authorizing, prohibiting, or limiting 
     the use of electronic prescriptions for controlled 
     substances.

                          ____________________




                            NOTICE OF MEETING

   Mrs. FEINSTEIN. Mr. President, I wish to announce that the 
organizational meeting for the Joint Congressional Committee on 
Inaugural Ceremonies will be held tomorrow, Wednesday, April 2, 2008, 
at 5:15 p.m., in room S-219 of the Capitol.
   For further information regarding this meeting, please contact 
Howard Gantman at the Senate Committee on Rules and Administration, 
224-6352.

                          ____________________




                    AUTHORITY FOR COMMITTEES TO MEET


               Committee on Energy and Natural Resources

   Mr. DURBIN. Mr. President, I ask unanimous consent that the 
Committee on Energy and Natural Resources be authorized to meet during 
the session of the Senate to conduct a hearing on Tuesday, April 1, 
2008, at 2:30 p.m., in room SD-366 of the Dirksen Senate Office 
Building.
   The PRESIDING OFFICER. Without objection, it is so ordered.


                          committee on finance

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee 
on Finance be authorized to meet during the session of the Senate on 
Tuesday, April 1, 2008, at 10 a.m., in room 215 of the Dirksen Senate 
Office Building, to hear testimony on ``Anti-Terrorism Financing: 
Progress Made and the Challenges Ahead''.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     committee on foreign relations

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee 
on Foreign Relations be authorized to meet during the session of the 
Senate on Tuesday, April 1, 2008, at 2:30 p.m., to hold a closed 
briefing on Iraq.
  The PRESIDING OFFICER. Without objection, it is so ordered.


          committee on health, education, labor, and pensions

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee 
on Health, Education, Labor, and Pensions be authorized to meet, during 
the session of the Senate, to conduct a hearing entitled ``Serious OSHA 
Violations: Strategies for Breaking Dangerous Patterns'' on Tuesday, 
April 1, 2008. The hearing will commence at 10 a.m. in room 430 of the 
Dirksen Senate Office Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


             readiness and management support subcommittee

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Readiness 
and Management Support Subcommittee of the Committee on Armed Services 
be authorized to meet during the session of the Senate on Tuesday, 
April 1, 2008, at 2:30 p.m., in open session to receive testimony on 
the current readiness of the Armed Forces in review of the defense 
authorization request for fiscal year 2009 and the Future Years Defense 
Program.
  The PRESIDING OFFICER. Without objection. it is so ordered.


                    select committee on intelligence

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Select 
Committee on Intelligence be authorized to meet during the session of 
the Senate on April 1, 2008, at 2:30 p.m. to hold a closed business 
meeting.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                        subcommittee on airland

  Mr. DURBIN. Mr. President, I ask unanimous consent that the 
Subcommittee on Airland of the Committee on Armed Services be 
authorized to meet during the session of the Senate on Tuesday, April 
1, 2008, at 9:30 a.m., in open session to receive testimony on the 
Army's new doctrine (field manual 3-0, operations) in review of the 
defense authorization request for fiscal year 2009 and the Future Years 
Defense Program.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Subcommittee on Human Rights and the Law

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate 
Committee on the Judiciary, Subcommittee on Human Rights and the

[[Page 4631]]

Law, be authorized to meet during the session of the Senate to conduct 
a hearing entitled ``Rape as a Weapon of War: Accountability for Sexual 
Violence in Conflict'' on Tuesday, April 1, 2008, at 10 a.m., in room 
SD-226 of the Dirksen Senate Office Building.

     Witness list

  Lisa F. Jackson, Documentary Maker and Director of ``The Greatest 
Silence: Rape in the Congo'', New York, NY; Karin Wachter, Acting 
Gender-Based Violence Senior Technical Advisor, International Rescue 
Committee, New York, NY; Dr. Kelly Dawn Askin, Senior Legal Officer, 
Open Society Justice Initiative, New York, NY; Dr. Denis Mukwege, 
Director, Panzi General Referral Hospital, Bukavu, South Kivu, 
Democratic Republic of the Congo.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    Subcommittee on Strategic Forces

  Mr. DURBIN. Mr. President, I ask unanimous consent that the 
Subcommittee on Strategic Forces of the Committee on Armed Services be 
authorized to meet during the session of the Senate on Tuesday, April 
1, 2008, at 2:30 p.m., in open session to receive testimony on 
ballistic missile defense programs in review of the Defense 
authorization request for fiscal year 2009 and the Future Years Defense 
Program.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                    DISCHARGE AND REFERRAL--S. 2756

  Mr. NELSON of Florida. Mr. President, I ask unanimous consent that 
the HELP Committee be discharged from further consideration of S. 2756, 
and the bill be referred to the Committee on the Judiciary.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                        FINANCIAL LITERACY MONTH

  Mr. NELSON of Florida. Mr. President, I ask unanimous consent that 
the Senate proceed to the immediate consideration of S. Res. 495, 
submitted earlier today by Senator Akaka.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 495) designating April 2008 as 
     ``Financial Literacy Month.''

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. AKAKA. Mr. President, it pleases me to once again sponsor a 
resolution designating April as Financial Literacy Month. I thank the 
cosponsors of this resolution, Senators Enzi, Dodd, Stabenow, Levin, 
Schumer, Inouye, Menendez, Crapo, Johnson, Cardin, Lincoln, Cochran, 
Martinez, Murray, Allard, Durbin, Baucus, and Feinstein.
  Without a sufficient understanding of economics and personal finance, 
individuals will not be able to appropriately manage their finances, 
evaluate credit opportunities, and successfully invest for long-term 
financial goals in an increasingly complex marketplace. It is essential 
that we work toward improving education and consumer protection, and 
empowering individuals through economic and financial literacy in order 
to build stronger families, businesses, and communities. Now more than 
ever, it is imperative that education in economics, credit, and 
personal finance takes center stage. During the past year, we have seen 
the unscrupulous nature of predatory lenders as they enticed millions 
of families into complicated loans they could not afford nor 
understand, and we are now witnessing the results of a faltering 
housing market that has begun to impact other sectors of the U.S. 
economy. Rapidly increasing access to credit for Americans was not 
matched by efforts to ensure they could make sense of the complex 
agreements they were entering into.
  As recent statistics released by the Federal Reserve and the 
Department of Commerce have shown, consumer debt in America continues 
to rise. Last year, the total amount of consumer debt topped $2.5 
trillion, of which credit card balances comprise a major portion. Hard-
working Americans now spend a record 14 percent of their income just to 
pay the interest on their accumulated consumer debt. Personal savings 
rates have been negative for 2 out of the last 3 years, a situation not 
seen in this country since the Great Depression. In a time of rising 
costs of energy, higher education, and health care, it is even more 
challenging for working families to navigate their difficult financial 
situations.
  Furthermore, a study conducted last year by the National Council on 
Economic Education found that, compared with 2004, even fewer States 
now require testing knowledge of economics as a requirement for high 
school graduation. We need to do more to invest in financial literacy 
now for our young men and women in order to ensure a knowledgeable, 
prosperous generation of future American leaders who will be able to 
make decisions that will benefit both their families and our nation.
  I thank those organizations and individuals who do their part to 
ensure the education of personal finance reaches as many Americans as 
possible, and I applaud their efforts in these times of economic 
distress.
  Taking the month of April to focus our attention on financial 
literacy will allow us to make steady progress in helping to make 
Americans more competent with their limited financial resources. I urge 
my colleagues to join with me in the swift passage of this resolution, 
and together we can work toward a future where all Americans enjoy the 
benefits of a financially literate society.
  Mr. NELSON of Florida. Mr. President, I ask unanimous consent that 
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 that any statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 495) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 495

       Whereas the personal savings rate of people in the United 
     States declined from negative 0.5 percent in 2005 to negative 
     1.0 percent in 2006, making 2005 and 2006 the only years 
     since the Great Depression years of 1932 and 1933 when the 
     savings rate has been negative, and the decline continued in 
     the first month of 2008;
       Whereas, in April 2007, a survey on personal finances 
     reported that 25 percent of workers in the United States 
     responded as having ``no savings'';
       Whereas the 2007 Retirement Confidence Survey conducted by 
     the Employee Benefit Research Institute found that only 43 
     percent of workers or their spouses calculated how much they 
     need to save for retirement, down from 53 percent in 2000;
       Whereas consumer debt exceeded $2,500,000,000,000 in 2007, 
     an increase of 33 percent since 2001;
       Whereas household debt reached a record $13,750,000,000,000 
     in 2007;
       Whereas, during 2007, a near-record high of more than 14 
     percent of disposable personal income went to paying the 
     interest on personal debt;
       Whereas people in the United States are now facing record 
     numbers of homes in foreclosure, and for the first time in 
     history, they have more total debt than equity in their 
     homes;
       Whereas approximately 800,000 families filed for bankruptcy 
     in 2007;
       Whereas nearly half of adults in the United States are not 
     aware that they can access their credit reports for free, and 
     1 in 4 reported having never checked their credit score;
       Whereas, in a 2006 survey, the Jump$tart Coalition for 
     Personal Financial Literacy found that high school seniors 
     scored an average of only 52.4 percent on an exam testing 
     knowledge of basic personal finance;
       Whereas approximately 10,000,000 households in the United 
     States do not have accounts at mainstream financial 
     institutions such as banks or credit unions;
       Whereas expanding access to the mainstream financial system 
     will provide individuals with less expensive and more secure 
     options for managing their finances and building wealth;
       Whereas the 2007 Survey of the States compiled by the 
     National Council on Economic Education found that only 22 
     States require testing of economics as a high school 
     graduation requirement, 3 fewer States than did so in 2004;
       Whereas quality personal financial education is essential 
     to ensure that individuals are prepared to manage money, 
     credit, and

[[Page 4632]]

     debt, and to become responsible workers, heads of households, 
     investors, entrepreneurs, business leaders, and citizens;
       Whereas increased financial literacy empowers individuals 
     to make wise financial decisions and reduces the confusion 
     caused by the increasingly complex economy of the United 
     States;
       Whereas a greater understanding of, and familiarity with, 
     financial markets and institutions will lead to increased 
     economic activity and growth;
       Whereas, in 2003, Congress found it important to coordinate 
     Federal financial literacy efforts and formulate a national 
     strategy; and
       Whereas, in light of that finding, Congress passed the 
     Financial Literacy and Education Improvement Act of 2003 
     (Public Law 108-159; 117 Stat. 2003) establishing the 
     Financial Literacy and Education Commission and designating 
     the Office of Financial Education of the Department of the 
     Treasury to provide support for the Commission: Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) designates April 2008 as ``Financial Literacy Month'' 
     to raise public awareness about--
       (A) the importance of personal financial education in the 
     United States; and
       (B) the serious consequences that may result from a lack of 
     understanding about personal finances; and
       (2) calls on the Federal Government, States, localities, 
     schools, nonprofit organizations, businesses, and the people 
     of the United States to observe the month with appropriate 
     programs and activities.

                          ____________________




      RYAN HAIGHT ONLINE PHARMACY CONSUMER PROTECTION ACT OF 2007

  Mr. NELSON of Florida. Mr. President, I ask unanimous consent that 
the Senate proceed to the immediate consideration of Calendar No. 617, 
S. 980.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 980) to amend the Controlled Substances Act to 
     address online pharmacies.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ryan Haight Online Pharmacy 
     Consumer Protection Act of 2007''.

     SEC. 2. REQUIREMENT OF A VALID PRESCRIPTION FOR CONTROLLED 
                   SUBSTANCES DISPENSED BY MEANS OF THE INTERNET.

       Section 309 of the Controlled Substances Act (21 U.S.C. 
     829) is amended by adding at the end the following new 
     subsection:
       ``(e) Controlled Substances Dispensed by Means of the 
     Internet.--
       ``(1) No controlled substance may be delivered, 
     distributed, or dispensed by means of the Internet without a 
     valid prescription.
       ``(2) As used in this subsection:
       ``(A) The term `valid prescription' means a prescription 
     that is issued for a legitimate medical purpose in the usual 
     course of professional practice by--
       ``(i) a practitioner who has conducted at least one in-
     person medical evaluation of the patient; or
       ``(ii) a covering practitioner.
       ``(B)(i) The term `in-person medical evaluation' means a 
     medical evaluation that is conducted with the patient in the 
     physical presence of the practitioner, without regard to 
     whether portions of the evaluation are conducted by other 
     health professionals.
       ``(ii) Nothing in clause (i) shall be construed to imply 
     that one in-person medical evaluation demonstrates that a 
     prescription has been issued for a legitimate medical purpose 
     within the usual course of professional practice.
       ``(C) The term `covering practitioner' means, with respect 
     to a patient, a practitioner who conducts a medical 
     evaluation (other than an in-person medical evaluation) at 
     the request of a practitioner who--
       ``(i) has conducted at least one in-person medical 
     evaluation of the patient during the 24-month period ending 
     on the date of that medical evaluation; and
       ``(ii) is temporarily unavailable to conduct the evaluation 
     of the patient.
       ``(3) Nothing in this subsection shall apply to--
       ``(A) the delivery, distribution, or dispensing of a 
     controlled substance by a practitioner engaged in the 
     practice of telemedicine if--
       ``(i) the telemedicine is being conducted while the patient 
     is being treated by, and physically located in, a hospital or 
     clinic registered under section 303(f), and the practitioner 
     conducting the practice of telemedicine is registered under 
     section 303(f) in the State in which the patient is located 
     and is acting in the usual course of professional practice 
     and in accordance with applicable State law;
       ``(ii) the telemedicine is being conducted while the 
     patient is being treated by, and in the physical presence of, 
     a practitioner registered under section 303(f) who is acting 
     in the usual course of professional practice, and the 
     practitioner conducting the practice of telemedicine is 
     registered under section 303(f) in the State in which the 
     patient is located and is acting in the usual course of 
     professional practice and in accordance with applicable State 
     law; or
       ``(iii) the telemedicine is being conducted under any other 
     circumstances that the Attorney General and the Secretary 
     have jointly, by regulation, determined to be consistent with 
     effective controls against diversion and otherwise consistent 
     with the public health and safety; or
       ``(B) the dispensing or selling of a controlled substance 
     pursuant to practices as determined by the Attorney General 
     by regulation, which shall be consistent with effective 
     controls against diversion.''.

     SEC. 3. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT RELATING 
                   TO THE DELIVERY OF CONTROLLED SUBSTANCES BY 
                   MEANS OF THE INTERNET.

       (a) In General.--Section 102 of the Controlled Substances 
     Act (21 U.S.C. 802) is amended by adding at the end the 
     following:
       ``(50) The term `Internet' means collectively the myriad of 
     computer and telecommunications facilities, including 
     equipment and operating software, which comprise the 
     interconnected worldwide network of networks that employ the 
     Transmission Control Protocol/Internet Protocol, or any 
     predecessor or successor protocol to such protocol, to 
     communicate information of all kinds by wire or radio.
       ``(51) The term `deliver, distribute, or dispense by means 
     of the Internet' refers, respectively, to any delivery, 
     distribution, or dispensing of a controlled substance that is 
     caused or facilitated by means of the Internet.
       ``(52) The term `online pharmacy'--
       ``(A) means a person, entity, or Internet site, whether in 
     the United States or abroad, that knowingly or intentionally 
     delivers, distributes, or dispenses, or offers or attempts to 
     deliver, distribute, or dispense, a controlled substance by 
     means of the Internet; and
       ``(B) does not include--
       ``(i) manufacturers or distributors registered under 
     subsection (a), (b), (c), or (d) of section 303 who do not 
     dispense controlled substances to an unregistered individual 
     or entity;
       ``(ii) nonpharmacy practitioners who are registered under 
     section 303(f) and whose activities are authorized by that 
     registration;
       ``(iii) mere advertisements that do not attempt to 
     facilitate an actual transaction involving a controlled 
     substance; or
       ``(iv) a person, entity, or Internet site which is not in 
     the United States and does not facilitate the delivery, 
     distribution, or dispensing of a controlled substance by 
     means of the Internet to any person in the United States.
       ``(53) The term `homepage' means the opening or main page 
     or screen of the website of an online pharmacy that is 
     viewable on the Internet.
       ``(54) The term `practice of telemedicine' means the 
     practice of medicine in accordance with applicable Federal 
     and State laws by a practitioner (other than a pharmacist) 
     who is at a location remote from the patient and is 
     communicating with the patient, or health care professional 
     who is treating the patient, using a telecommunications 
     system referred to in section 1834(m) of the Social Security 
     Act (42 U.S.C. 1395m(m)).''.
       (b) Registration Requirements.--Section 303 of the 
     Controlled Substances Act (21 U.S.C. 823) is amended by 
     adding at the end the following new subsection:
       ``(i) Dispenser of Controlled Substances by Means of the 
     Internet.--(1) An online pharmacy shall obtain a registration 
     specifically authorizing such activity, in accordance with 
     regulations promulgated by the Attorney General. In 
     determining whether to grant an application for such 
     registration, the Attorney General shall apply the factors 
     set forth in subsection (f).
       ``(2) Registration under this subsection shall be in 
     addition to, and not in lieu of, registration under 
     subsection (f).
       ``(3) This subsection does not apply to pharmacies that 
     merely advertise by means of the Internet but do not attempt 
     to facilitate an actual transaction involving a controlled 
     substance by means of the Internet.''.
       (c) Reporting Requirements.--Section 307(d) of the 
     Controlled Substances Act (21 U.S.C. 827(d)) is amended by--
       (1) designating the text as paragraph (1); and
       (2) inserting after paragraph (1), as so designated by this 
     Act, the following new paragraph:
       ``(2) A pharmacy registered under section 303(i) shall 
     report to the Attorney General the controlled substances 
     dispensed under such registration, in such manner and 
     accompanied by such information as the Attorney General by 
     regulation shall require.''.
       (d) Online Prescription Requirements.--The Controlled 
     Substances Act is amended by inserting after section 310 (21 
     U.S.C. 830) the following:


        ``online pharmacy licensing and disclosure requirements

       ``Sec. 311.  (a) In General.--An online pharmacy shall 
     display in a visible and clear manner on its homepage a 
     statement that it complies with the requirements of this 
     section with respect to the delivery or sale or offer for 
     sale of controlled substances and shall at all times display 
     on the homepage of its Internet site a declaration of 
     compliance in accordance with this section.
       ``(b) Licensure.--Each online pharmacy shall comply with 
     the requirements of State law concerning the licensure of 
     pharmacies in each State from which it, and in each State to 
     which

[[Page 4633]]

     it, delivers, distributes, or dispenses or offers to deliver, 
     distribute, or dispense controlled substances by means of the 
     Internet.
       ``(c) Compliance.--No online pharmacy or practitioner shall 
     deliver, distribute, or dispense by means of the Internet a 
     controlled substance without a valid prescription (as defined 
     in section 309(e)) and each online pharmacy shall comply with 
     all applicable requirements of Federal and State law.
       ``(d) Internet Pharmacy Site Disclosure Information.--Each 
     online pharmacy site shall post in a visible and clear manner 
     on the homepage of its Internet site or on a page directly 
     linked from its homepage the following:
       ``(1) The name of the owner, street address of the online 
     pharmacy's principal place of business, telephone number, and 
     email address.
       ``(2) A list of the States in which the online pharmacy, 
     and any pharmacy which dispenses, delivers, or distributes a 
     controlled substance on behalf of the online pharmacy, is 
     licensed to dispense controlled substances or prescription 
     drugs and any applicable license number.
       ``(3) For each pharmacy identified on its license in each 
     State in which it is licensed to engage in the practice of 
     pharmacy and for each pharmacy which dispenses or ships 
     controlled substances on behalf of the online pharmacy:
       ``(A) The name of the pharmacy.
       ``(B) The street address of the pharmacy.
       ``(C) The name, professional degree, and licensure of the 
     pharmacist-in-charge.
       ``(D) The telephone number at which the pharmacist-in-
     charge can be contacted.
       ``(E) A certification that each pharmacy which dispenses or 
     ships controlled substances on behalf of the online pharmacy 
     is registered under this part to deliver, distribute, or 
     dispense by means of the Internet controlled substances.
       ``(4) The name, address, professional degree, and licensure 
     of practitioners who provide medical consultations through 
     the website for the purpose of providing prescriptions.
       ``(5) A telephone number or numbers at which the 
     practitioners described in paragraph (4) may be contacted.
       ``(6) The following statement, unless revised by the 
     Attorney General by regulation: `This online pharmacy will 
     only dispense a controlled substance to a person who has a 
     valid prescription issued for a legitimate medical purpose 
     based upon a medical relationship with a prescribing 
     practitioner, which includes at least one prior in-person 
     medical evaluation. This online pharmacy complies with 
     section 309(e) of the Controlled Substances Act (21 U.S.C. 
     829(e)).'.
       ``(e) Notification.--(1) Thirty days prior to offering a 
     controlled substance for sale, delivery, distribution, or 
     dispensing, the online pharmacy shall notify the Attorney 
     General, in the form and manner as the Attorney General shall 
     determine, and the State boards of pharmacy in any States in 
     which the online pharmacy offers to sell, deliver, 
     distribute, or dispense controlled substances.
       ``(2) The notification required under paragraph (1) shall 
     include--
       ``(A) the information required to be posted on the online 
     pharmacy's Internet site under subsection (d) and shall 
     notify the Attorney General and the applicable State boards 
     of pharmacy, under penalty of perjury, that the information 
     disclosed on its Internet site under to subsection (d) is 
     true and accurate;
       ``(B) the online pharmacy's Internet site address and a 
     certification that the online pharmacy shall notify the 
     Attorney General of any change in the address at least 30 
     days in advance; and
       ``(C) the Drug Enforcement Administration registration 
     numbers of any pharmacies and practitioners referred to in 
     subsection (d), as applicable.
       ``(3) An online pharmacy that is already operational as of 
     the effective date of this section, shall notify the Attorney 
     General and applicable State boards of pharmacy in accordance 
     with this subsection not later than 30 days after the 
     effective date of this section.
       ``(f) Declaration of Compliance.--On and after the date on 
     which it makes the notification under subsection (e), each 
     online pharmacy shall display on the homepage of its Internet 
     site, in such form as the Attorney General shall by 
     regulation require, a declaration that it has made such 
     notification to the Attorney General.
       ``(g) Reports.--Any statement, declaration, notification, 
     or disclosure required under this section shall be considered 
     a report required to be kept under this part.''.
       (e) Offenses Involving Controlled Substances in Schedules 
     III, IV, and V.--Section 401(b) of the Controlled Substances 
     Act (21 U.S.C. 841(b)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (C), by striking ``1 gram of'' before 
     ``flunitrazepam'';
       (B) in subparagraph (D), by striking ``or in the case of 
     any controlled substance in schedule III (other than gamma 
     hydroxybutyric acid), or 30 milligrams of flunitrazepam''; 
     and
       (C) by adding at the end the following:
       ``(E)(i) In the case of any controlled substance in 
     schedule III, such person shall be sentenced to a term of 
     imprisonment of not more than 10 years and if death or 
     serious bodily injury results from the use of such substance 
     shall be sentenced to a term of imprisonment of not more than 
     20 years, a fine not to exceed the greater of that authorized 
     in accordance with the provisions of title 18, or $500,000 if 
     the defendant is an individual or $2,500,000 if the defendant 
     is other than an individual, or both.
       ``(ii) If any person commits such a violation after a prior 
     conviction for a felony drug offense has become final, such 
     person shall be sentenced to a term of imprisonment of not 
     more than 20 years and if death or serious bodily injury 
     results from the use of such substance shall be sentenced to 
     a term of imprisonment of not more than 30 years, a fine not 
     to exceed the greater of twice that authorized in accordance 
     with the provisions of title 18, or $1,000,000 if the 
     defendant is an individual or $5,000,000 if the defendant is 
     other than an individual, or both.
       ``(iii) Any sentence imposing a term of imprisonment under 
     this subparagraph shall, in the absence of such a prior 
     conviction, impose a term of supervised release of at least 2 
     years in addition to such term of imprisonment and shall, if 
     there was such a prior conviction, impose a term of 
     supervised release of at least 4 years in addition to such 
     term of imprisonment'';
       (2) in paragraph (2) by--
       (A) striking ``3 years'' and inserting ``5 years'';
       (B) striking ``6 years'' and inserting ``10 years''; and
       (C) striking ``after one or more prior convictions'' and 
     all that follows through ``have become final,'' and inserting 
     ``after a prior conviction for a felony drug offense has 
     become final,''; and
       (3) in paragraph (3) by--
       (A) striking ``2 years'' and inserting ``6 years'';
       (B) striking ``after one or more convictions'' and all that 
     follows through ``have become final,'' and inserting ``after 
     a prior conviction for a felony drug offense has become 
     final,''; and
       (C) adding at the end the following ``Any sentence imposing 
     a term of imprisonment under this paragraph may, if there was 
     a prior conviction, impose a term of supervised release of 
     not more than 1 year, in addition to such term of 
     imprisonment.''
       (f) Offenses Involving Dispensing of Controlled Substances 
     by Means of the Internet.--Section 401 of the Controlled 
     Substances Act (21 U.S.C. 841) is amended by adding at the 
     end the following:
       ``(h) Offenses Involving Dispensing of Controlled 
     Substances by Means of the Internet.--(1) Except as 
     authorized by this title, it shall be unlawful for any person 
     to knowingly or intentionally cause or facilitate the 
     delivery, distribution, or dispensing by means of the 
     Internet of a controlled substance.
       ``(2) Examples of activities that violate paragraph (1) 
     include, but are not limited to, knowingly or intentionally--
       ``(A) delivering, distributing, or dispensing a controlled 
     substance by means of the Internet by a pharmacy not 
     registered under section 303(i);
       ``(B) writing a prescription for a controlled substance for 
     the purpose of delivery, distribution, or dispensation by 
     means of the Internet in violation of subsection 309(e);
       ``(C) serving as an agent, intermediary, or other entity 
     that causes the Internet to be used to bring together a buyer 
     and seller to engage in the dispensing of a controlled 
     substance in a manner not authorized by sections 303(i) or 
     309(e); and
       ``(D) making a material false, fictitious, or fraudulent 
     statement or representation in the submission to the Attorney 
     General under section 311.
       ``(3)(A) This subsection does not apply to--
       ``(i) the delivery, distribution, or dispensation of 
     controlled substances by nonpractitioners to the extent 
     authorized by their registration under this title;
       ``(ii) the placement on the Internet of material that 
     merely advocates the use of a controlled substance or 
     includes pricing information without attempting to propose or 
     facilitate an actual transaction involving a controlled 
     substance; or
       ``(iii) except as provided in subparagraph (B), any 
     activity that is limited to--
       ``(I) the provision of a telecommunications service, or of 
     an Internet access service or Internet information location 
     tool (as those terms are defined in section 231 of the 
     Communications Act of 1934 (47 U.S.C. 231)); or
       ``(II) the transmission, storage, retrieval, hosting, 
     formatting, or translation (or any combination thereof) of a 
     communication, without selection or alteration of the content 
     of the communication, except that deletion of a particular 
     communication or material made by another person in a manner 
     consistent with section 230(c) of the Communications Act of 
     1934 (47 U.S.C. 230(c)) shall not constitute such selection 
     or alteration of the content of the communication.
       ``(B) The exceptions under subclauses (I) and (II) of 
     subparagraph (A)(iii) shall not apply to a person acting in 
     concert with a person who violates subsection (g)(1).
       ``(4) Any person who knowingly or intentionally violates 
     this subsection shall be sentenced in accordance with 
     subsection (b) of this section.''.
       (g) Publication.--Section 403(c) of the Controlled 
     Substances Act (21 U.S.C. 843(c)) is amended by--
       (1) designating the text as paragraph (1); and
       (2) adding at the end the following:
       ``(2)(A) Except as authorized by this title, it shall be 
     unlawful for any person by means of the Internet, to 
     knowingly advertise the sale or distribution of, or to offer 
     to sell, distribute, or dispense, a controlled substance.
       ``(B) Examples of activities that violate subparagraph (A) 
     include, but are not limited to, knowingly or intentionally 
     causing the placement on the Internet of an advertisement 
     that refers to or directs prospective buyers to Internet 
     sellers of controlled substances who are not registered under 
     section 303(i).

[[Page 4634]]

       ``(C) Subparagraph (A) does not apply to material that 
     either--
       ``(i) merely advertises the distribution of controlled 
     substances by nonpractitioners to the extent authorized by 
     their registration under this title; or
       ``(ii) merely advocates the use of a controlled substance 
     or includes pricing information without attempting to 
     facilitate an actual transaction involving a controlled 
     substance.''.
       (h) Injunctive Relief.--Section 512 of the Controlled 
     Substances Act (21 U.S.C. 882) is amended by adding to the 
     end of the section the following new subsection:
       ``(c) State Cause of Action Pertaining to Online 
     Pharmacies.--(1) In any case in which the State has reason to 
     believe that an interest of the residents of that State has 
     been or is being threatened or adversely affected by the 
     action of a person, entity, or Internet site that violates 
     the provisions of section 303(i), 309(e), or 311, the State 
     may bring a civil action on behalf of such residents in a 
     district court of the United States with appropriate 
     jurisdiction--
       ``(A) to enjoin the conduct which violates this section;
       ``(B) to enforce compliance with this section;
       ``(C) to obtain damages, restitution, or other 
     compensation, including civil penalties under section 402(b); 
     and
       ``(D) to obtain such other legal or equitable relief as the 
     court may find appropriate.
       ``(2)(A) Prior to filing a complaint under paragraph (1), 
     the State shall serve a copy of the complaint upon the 
     Attorney General and upon the United States Attorney for the 
     judicial district in which the complaint is to be filed. In 
     any case where such prior service is not feasible, the State 
     shall serve the complaint on the Attorney General and the 
     appropriate United States Attorney on the same day that the 
     State's complaint is filed in Federal district court of the 
     United States. Such proceedings shall be independent of, and 
     not in lieu of, criminal prosecutions or any other 
     proceedings under this title or any other laws of the United 
     States.
       ``(B)(i) Not later than 120 days after the later of the 
     date on which a State's complaint is served on the Attorney 
     General and the appropriate United States Attorney, or the 
     date on which the complaint is filed, the United States shall 
     have the right to intervene as a party in any action filed by 
     a State under paragraph (1).
       ``(ii) After the 120-day period described in clause (i) has 
     elapsed, the United States may, for good cause shown, 
     intervene as a party in an action filed by a State under 
     paragraph (1).
       ``(iii) Notice and an opportunity to be heard with respect 
     to intervention shall be afforded the State that filed the 
     original complaint in any action in which the United States 
     files a complaint in intervention under clause (i) or a 
     motion to intervene under clause (ii).
       ``(iv) The United States may file a petition for appeal of 
     a judicial determination in any action filed by a State under 
     this section.
       ``(C) Service of a State's complaint on the United States 
     as required in this paragraph shall be made in accord with 
     the requirements of Federal Rule of Civil Procedure 4(i)(1).
       ``(3) For purposes of bringing any civil action under 
     paragraph (1), nothing in this Act shall prevent an attorney 
     general of a State from exercising the powers conferred on 
     the attorney general of a State by the laws of such State to 
     conduct investigations or to administer oaths or affirmations 
     or to compel the attendance of witnesses of or the production 
     of documentary or other evidence.
       ``(4) Any civil action brought under paragraph (1) in a 
     district court of the United States may be brought in the 
     district in which the defendant is found, is an inhabitant, 
     or transacts business or wherever venue is proper under 
     section 1391 of title 28, United States Code. Process in such 
     action may be served in any district in which the defendant 
     is an inhabitant or in which the defendant may be found.
       ``(5) No private right of action is created under this 
     subsection.''.
       (i) Forfeiture of Facilitating Property in Drug Cases.--
     Section 511(a)(4) of the Controlled Substances Act (21 U.S.C. 
     881(a)(4)) is amended to read as follows:
       ``(4) Any property, real or personal, tangible or 
     intangible, used or intended to be used to commit, or to 
     facilitate the commission, of a violation of this title or 
     title III, and any property traceable thereto.''.
       (j) Import and Export Act.--Section 1010(b) of the 
     Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)) is amended--
       (1) in paragraph (4) by--
       (A) striking ``or any quantity of a controlled substance in 
     schedule III, IV, or V, (except a violation involving 
     flunitrazepam and except a violation involving gamma 
     hydroxybutyric acid)'';
       (B) inserting ``, or'' before ``less than one kilogram of 
     hashish oil''; and
       (C) striking ``imprisoned'' and all that follows through 
     the end of the paragraph and inserting ``sentenced in 
     accordance with section 401(b)(1)(D) of this title (21 U.S.C. 
     841(b)(1)(E)).'';
       (2) by adding at the end the following:
       ``(5) In the case of a violation of subsection (a) of this 
     section involving a controlled substance in schedule III, 
     such person shall be sentenced in accordance with section 
     401(b)(1)(E).
       ``(6) In the case of a violation of subsection (a) of this 
     section involving a controlled substance in schedule IV 
     (except a violation involving flunitrazepam), such person 
     shall be sentenced in accordance with section 401(b)(2).
       ``(7) In the case of a violation of subsection (a) of this 
     section involving a controlled substance in schedule V, such 
     person shall be sentenced in accordance with section 
     401(b)(3).''; and
       (3) in paragraph (3), by striking ``, nor shall a person so 
     sentenced be eligible for parole during the term of such a 
     sentence'' in the final sentence.
       (k) Effective Date.--The amendments made by this Act shall 
     become effective 60 days after the date of enactment of this 
     Act.
       (l) Guidelines and Regulations.--
       (1) In general.--The Attorney General may promulgate and 
     enforce any rules, regulations, and procedures which may be 
     necessary and appropriate for the efficient execution of 
     functions under this subtitle, including any interim rules 
     necessary for the immediate implementation of this Act, on 
     its effective date.
       (2) Sentencing guidelines.--The United States Sentencing 
     Commission, in determining whether to amend, or establish 
     new, guidelines or policy statements, to conform the Federal 
     sentencing guidelines and policy statements to this Act and 
     the amendments made by this Act--
       (A) shall consult with the Department of Justice, experts 
     and other affected parties concerning which penalties for 
     scheduled substances amended by this Act should be reflected 
     in the Federal sentencing guidelines; and
       (B) should not construe any change in the maximum penalty 
     for a violation involving a controlled substance in a 
     particular schedule as being the sole reason to amend a, or 
     establish a new, guideline or policy statement.
       (m) Annual Report.--Not later than 180 days after the date 
     of enactment of this Act, and annually for 2 years after the 
     initial report, the Drug Enforcement Administration, in 
     consultation with the Department of State, shall submit to 
     Congress a report describing--
       (1) the foreign supply chains and sources of controlled 
     substances offered for sale without a valid prescription on 
     the Internet;
       (2) the efforts and strategy of the Drug Enforcement 
     Administration to decrease the foreign supply chain and 
     sources of controlled substances offered for sale without a 
     valid prescription on the Internet; and
       (3) the efforts of the Drug Enforcement Administration to 
     work with domestic and multinational pharmaceutical companies 
     and others to build international cooperation and a 
     commitment to fight on a global scale the problem of 
     distribution of controlled substances over the Internet 
     without a valid prescription.

  Mr. LEAHY. Mr. President, today the Senate will pass by unanimous 
consent S. 980, the Ryan Haight Online Pharmacy Consumer Protection 
Act. This is an important bill that would create potent new tools for 
law enforcement to prosecute those who illegally sell drugs online, and 
allow State authorities to shut down online pharmacies even before they 
get started.
  I thank Senator Feinstein and Senator Sessions for their commitment 
to combating illicit drug trafficking by online predators. Their hard 
work and diligent efforts, have put together a strong bipartisan bill 
that includes important modifications and clarifications that will 
protect our children and grandchildren from purchasing illegal 
dangerous drugs online and reducing the prevalence of rogue online 
pharmacies in our society.
  As the longtime cochair of the Congressional Internet Caucus, I 
understand full well the growing danger that illegitimate online 
pharmacies pose to youth. I am pleased to join the bill's sponsors in 
support of this legislation. I am also very pleased that several of my 
recommendations to improve the bill are included in this legislation.
  This bill could not come at a more urgent time for our Nation. In the 
digital age, the Internet has enabled all Americans better access to 
convenient and more affordable medicine. Unfortunately, the prevalence 
of rogue online pharmacies has also made the Internet an increasing 
source for the sale of dangerous controlled substances without a 
licensed medical practitioner's valid prescription. Online drug 
traffickers have used evolving tactics to evade detection by law 
enforcement and circumvent the proper constraints of doctors and 
pharmacists.
  The check and security provided by our local pharmacists in local 
pharmacies--those who have served Americans for generations and helped 
us get well and keep us well--is not always replicated online. As a 
result, dangerous and addictive prescription drugs are too often only a 
click away.
  Last May, the Judiciary Committee held a hearing on this issue. We 
heard compelling testimony from Francine Haight, a mother whose teenage 
son died from an overdose of painkillers he purchased online from a 
rogue pharmacy. We also heard from Joseph Califano, the former 
Secretary of the Department of Health, Education and Welfare. Both 
strongly supported legislation to fill a gap in existing law and

[[Page 4635]]

help protect young people from illicit drugs online.
  Following our hearing, the Internet Drug Advisory Committee held a 
briefing for the Judiciary Committee on this matter. We heard from 
various members of the Internet community on how the private sector may 
effectively collaborate with the public sector to combat the sales of 
dangerous drugs online. These private sector groups will be vital in 
that effort, and we were happy to receive the benefit of their 
insights.
  The administration supports this bill, and that is the right thing to 
do. I know that our hard working men and women at the Drug Enforcement 
Agency need the added tools this bill would offer to assist their 
efforts to combat rogue online pharmacies. Even more, our children and 
grandchildren need the safety and security of operating online free 
from drug dealers seeking to trick them into purchasing dangerous 
controlled substances.
  The Judiciary Committee reported an amendment in the form of a 
substitute which includes several recommendations I have made to 
improve the bill and make it more effective. These changes were later 
perfected and improved upon after the bill was reported out of 
Committee.
  I am pleased that the amendment includes my suggestion that the Drug 
Enforcement Administration report to Congress on recommendations to 
combat the online sale of controlled substances from foreign countries 
via the Internet and on ways that the private sector can assist in this 
effort. A key ingredient in diminishing the impact of rogue Web sites 
on American citizens is combating the international aspect of this 
problem, and strengthening the public-private sector collaboration can 
help provide a solution.
  The amendment narrows the U.S. Sentencing Commission directive to 
ensure that the most dangerous prescription drugs abused online are 
treated more severely than less harmful prescription drugs. This 
addition will ensure that the commission has clear guidance to issue 
the guidelines necessary to hold those individuals who peddle dangerous 
prescription drugs to minors online accountable.
  The amendment also protects legitimate retail drug chains with online 
websites for customers seeking refills on prescriptions, by exempting 
them from the bill's requirements. This ensures that the bill does not 
target legitimate pharmacies that provide Vermonters and other 
Americans with access to needed medicines nor does it burden legitimate 
pharmacies with additional registration and reporting requirements.
  I believe this measure will be better with these changes. I am 
confident that this legislation will strengthen our Nation's ability to 
effectively combat online drug trafficking. It furthers the goals of 
drug enforcement and deterrence, while also providing Congress with 
additional oversight tools. I support its passage.
  Mrs. FEINSTEIN. I thank my colleagues for passing S. 980, the Ryan 
Haight Online Pharmacy Consumer Protection Act.
  With Senator Sessions, I introduced this bill to protect the safety 
of consumers who wish to fill legitimate prescriptions for controlled 
substances over the Internet, while holding accountable those who 
operate unregistered pharmacies.
  Tonight, the Senate took the first important step in stemming the 
tide of online drug trafficking. Perhaps more importantly, the Senate 
took the first steps in ensuring that children and teens no longer 
overdose, or worse die, after purchasing controlled substances without 
a prescription from rogue Internet pharmacies.
  I would like to clarify that the Ryan Haight Online Pharmacy Consumer 
Protection Act of 2008 regulates practices related to the delivery, 
distribution, or dispensing of a controlled substance by means of the 
Internet. The act does not address the delivery, distribution, or 
dispensing of any noncontrolled substance by the Internet or any other 
means.
  This bill does not infringe upon the powers of the Department of 
Health and Human Services and its Secretary with respect to 
noncontrolled substances. Nor does it infringe upon the traditional 
power of the States to regulate the practices of medicine and pharmacy 
with respect to the prescription of non controlled substances. 
Delivery, distribution, or dispensing of noncontrolled substances, 
approved by the Secretary of Health and Human Services or the 
regulatory bodies of the States, are not affected by the act.
  This bill would do the following:
  Bar the sale or distribution of all controlled substances over the 
Internet without a valid prescription; Require online pharmacies to 
display on their Web site a statement of compliance with U.S. law and 
DEA regulations--allowing consumers to know which pharmacies are safe 
and which are not; clarify that rogue pharmacies that sell drugs over 
the Internet will face the same penalties as people who illegally sell 
the same drugs on the street; increase the Federal penalties for 
illegally distributing controlled substances; create a new Federal 
cause of action that would allow a State attorney general to shut down 
a rogue Web site selling controlled substances.
  This legislation is a critical first step in stemming the tide of 
online drug trafficking and prescription drug abuse.
  In closing, I want to share the story of this bill's namesake, Ryan 
T. Haight. Ryan was an 18-year-old honor student from La Mesa, 
California, when he died in his home on February 12, 2001. His parents 
found a bottle of Vicodin in his room with a label from an out-of-State 
pharmacy.
  It turns out that Ryan had been ordering addictive drugs online and 
paying with a debit card his parents gave him to buy baseball cards on 
eBay.
  Without a physical exam or his parents' consent, Ryan had been 
obtaining controlled substances, some from an Internet site in 
Oklahoma. It only took a few months before Ryan's life was ended by an 
overdose on a cocktail of painkillers.
  Ryan's story is just one of many. Rogue Internet pharmacies are 
making it increasingly easy for teens like Ryan to access deadly 
prescription drugs. This bill is the first step to stem that terrible 
tide. It creates sensible requirements for Internet pharmacy Web sites 
that will not impact access to convenient, oftentimes cost-saving 
drugs.
  I thank my colleagues for rising up and passing this important bill.
  Mr. NELSON of Florida. Mr. President, I ask unanimous consent a 
Feinstein substitute amendment at the desk be agreed to, the committee 
substitute amendment as amended be agreed to, the bill, as amended, be 
read three times and passed, 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 amendment (No. 4383) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 980), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  Mr. NELSON of Florida. Mr. President, I ask unanimous consent that 
the Senate proceed to executive session to consider Calendar Nos. 471 
and 473; that the nominations be confirmed en bloc, the motions to 
reconsider be laid upon the table en bloc, the President be immediately 
notified of the Senate's action, and the Senate then resume legislative 
session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations considered and confirmed en bloc are as follows:


                          department of state

       Deborah K. Jones, of New Mexico, a Career Member of the 
     Senior Foreign Service, Class of Counselor, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the State of Kuwait.

[[Page 4636]]




                         department of justice

       Kevin J. O'Connor, of Connecticut, to be Associate Attorney 
     General.

  Mr. LEAHY. Mr. President, we have finally completed our consideration 
of the nomination of Kevin O'Connor to be Associate Attorney General, 
the number three position at the Department of Justice. This nomination 
was cleared by the Democrats and set to be confirmed before our Easter 
Recess but was blocked by a last-minute, anonymous Republican hold. 
Also blocked at that time and still held is the nomination of Gregory 
Katsas to be the Assistant Attorney General in charge of the Civil 
Division.
  I was particularly disappointed with that unexpected development in 
March. We had worked hard to expedite these nominations, holding a 
hearing on the first day of this session of Congress. After a nearly 
month-long delay, when Republican Members of the Judiciary Committee 
effectively boycotted our business meetings in February, we were able 
to report these nominations to the Senate in early March. They were set 
for confirmation before the Easter recess, until the last-minute 
Republican objection stalled them. They joined the President's 
nomination of Michael Sullivan to be the Director of the Bureau of 
Alcohol, Tobacco, Firearms and Explosives as among those stymied by 
Republican objections.
  I thank Senator Whitehouse for chairing the hearing on the O'Connor 
nomination. We continued our work in connection with high-ranking 
Department of Justice nominees the week before recess when Senator 
Kennedy chaired our hearing on the nomination of Grace Chung Becker to 
be Assistant Attorney General in charge of the Civil Rights Division. 
The Civil Rights Division is entrusted with protecting precious rights 
of Americans, including our fundamental right to vote. That hearing was 
the seventh the Committee has held since last September on executive 
nominations, as we continue to work to restock and restore the 
leadership of the Department of Justice in the wake of the scandals of 
the Gonzales era.
  A little more than a year ago, the Judiciary Committee began its 
oversight efforts for the 110th Congress. Over the next 9 months, our 
efforts revealed a Department of Justice gone awry. The leadership 
crisis came more and more into view as Senator Specter and I led a 
bipartisan group of concerned Senators to consider the United States 
Attorney firing scandal, a confrontation over the legality of the 
administration's warrantless wiretapping program, the untoward 
political influence of the White House at the Department of Justice, 
and the secret legal memos excusing all manner of excess.
  This crisis of leadership has taken a heavy toll on the tradition of 
independence that has long guided the Justice Department and provided 
it with safe harbor from political interference. It shook the 
confidence of the American people. Through bipartisan efforts among 
those from both sides of the aisle who care about Federal law 
enforcement and the Department of Justice, we joined together to press 
for accountability. That resulted in a change in leadership at the 
Department, with the resignations of the Attorney General and many 
high-ranking Department officials.
  The partisan accusations of ``slow walking'' nominations that the 
President engaged in at the White House recently, and repeated even 
today by Republican Senators, are belied by the facts. They are about 
as accurate as when President Bush ascribed Attorney General Gonzales' 
resignation to supposed ``unfair treatment'' and having ``his good name 
. . . dragged through the mud for political reasons.'' The U.S. 
Attorney firing scandal was of the administration's own making. It 
decimated morale at the Department of Justice. A good way to help 
restore the Justice Department would be for this administration to 
acknowledge its wrongdoing.
  What those who say we are ``slow-walking'' nominations do not say is 
that as a result of the mass resignations at the Justice Department in 
the wake of the scandals of the Gonzales era, the Committee has held 
seven hearings on high-ranking nominations to restore the leadership of 
the Department of Justice between September of last year and this 
month, including confirmation hearings for the new Attorney General, 
the new Deputy Attorney General, the new Associate Attorney General, 
and so many others. Of course those months also include the December 
and January holiday period and break between sessions.
  What is being ignored by the President and Senate Republicans as they 
play to a vocal segment of their Republican base is that we have worked 
hard to make progress and restore the leadership of the Department of 
Justice. In the last 6 months, we have confirmed a new Attorney 
General, a new Deputy Attorney General, held hearings for several other 
high-ranking Justice Department positions, and voted those nominations 
out of the Judiciary Committee. Today we continue that progress with 
the confirmation of the Associate Attorney General.
  It is vital that we ensure that we have a functioning, independent 
Justice Department. In January, the Judiciary Committee held our first 
oversight hearing of the new session and the first with new Attorney 
General Michael Mukasey. We held another oversight hearing last month 
with FBI Director Mueller and tomorrow we are holding an oversight 
hearing with Homeland Security Secretary Chertoff to explore that 
Department's handling of issues within the Judiciary Committee's 
jurisdiction related to the Western Hemisphere Travel Initiative, the 
so-called REAL ID Act, naturalization backlogs, the resettlement of 
Iraqi refugees and asylum seekers and the shameful, continuing 
aftermath from Katrina. These are more steps forward in our efforts to 
restore checks and balances to our Government and begin to repair the 
damage this administration inflicted on our Constitution and 
fundamental American values.
  We continue to press for accountability even as we learn startling 
new revelations about the extent to which some will go to avoid 
accountability, undermine oversight, and stonewall the American 
people's right to the truth. We find shifting answers on issues 
including the admission that the CIA used waterboarding on detainees in 
reliance on the advice of the Department of Justice; the destruction of 
White House e-mails required by law to be preserved; and the CIA's 
destruction of videotapes of detainee interrogations not shared with 
the 9/11 Commission, Congress or the courts. The only constant is the 
demand for immunity and unaccountability among those in the 
administration. This White House continues to stonewall the legitimate 
needs for information articulated by the Judiciary Committee and others 
in the Congress, and contemptuously refuse to appear when summoned by 
congressional subpoena.
  In spite of the administration's lack of cooperation, the Senate is 
moving forward with the confirmation of executive nominations. With the 
confirmation today, we will have confirmed 27 executive nominations, 
including the confirmations of nine U.S. Attorneys, five U.S. Marshals, 
and the top three positions at the Justice Department so far this 
Congress.
  Of course, we could have made even more progress had the White House 
sent us timely nominations to fill the remaining executive branch 
vacancies with nominees who will restore the independence of federal 
law enforcement. There are now 19 districts across the country with 
acting or interim U.S. Attorneys instead of Senate-confirmed, 
presidentially-appointed U.S. Attorneys. For more than a year I have 
been talking publicly about the need to name U.S. Attorneys to fill 
these vacancies to no avail.
  We have seen what happens when the rule of law plays second fiddle to 
a President's agenda and the partisan desires of political operatives. 
It is a disaster for the American people. Both the President and the 
Nation are best served by a Justice Department that provides sound 
advice and takes responsible action, without regard to political 
considerations--not one that develops legalistic loopholes to serve the 
ends of a particular administration.
  I congratulate the nominee and his family on his confirmation today.

[[Page 4637]]



                          ____________________




                          LEGISLATIVE SESSION

  The PRESIDING OFFICER. The Senate will return to legislative session.

                          ____________________




                  ORDERS FOR WEDNESDAY, APRIL 2, 2008

  Mr. NELSON of Florida. I ask unanimous consent that when the Senate 
completes its business today, it stand adjourned until 9:30 a.m. 
tomorrow, Wednesday, April 2; that following the prayer and the pledge, 
the journal of Proceedings be approved to date, the morning hour be 
deemed expired, the time for the two leaders be reserved for their use 
later in the day, and that the Senate resume consideration of the 
motion to proceed to H.R. 3221, and that all time during any 
adjournment, recess or period of morning business count postcloture; 
further, that at 12:30 p.m., the majority leader be recognized.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                  ADJOURNMENT UNTIL 9:30 A.M. TOMORROW

  Mr. NELSON of Florida. Mr. President, if there is no further business 
to come before the Senate, I ask unanimous consent that it stand 
adjourned under the previous order.
  There being no objection, the Senate, at 6:19 p.m., adjourned until 
Wednesday, April 2, 2008, at 9:30 a.m.

                          ____________________




                             CONFIRMATIONS

  Executive nominations confirmed by the Senate Tuesday, April 1, 2008:


                          DEPARTMENT OF STATE

       DEBORAH K. JONES, OF NEW MEXICO, A CAREER MEMBER OF THE 
     SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, TO BE AMBASSADOR 
     EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF 
     AMERICA TO THE STATE OF KUWAIT.
       THE ABOVE NOMINATION WAS APPROVED SUBJECT TO THE NOMINEE'S 
     COMMITMENT TO RESPOND TO REQUESTS TO APPEAR AND TESTIFY 
     BEFORE ANY DULY CONSTITUTED COMMITTEE OF THE SENATE.


                         DEPARTMENT OF JUSTICE

       KEVIN J. O'CONNOR, OF CONNECTICUT, TO BE ASSOCIATE ATTORNEY 
     GENERAL.
     
     
     



[[Page 4638]]

            HOUSE OF REPRESENTATIVES--Tuesday, April 1, 2008


  The House met at 10:30 a.m. and was called to order by the Speaker 
pro tempore (Mr. Israel).

                          ____________________




                   DESIGNATION OF SPEAKER PRO TEMPORE

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

                                               Washington, DC,

                                                    April 1, 2008.
       I hereby appoint the Honorable Steve Israel to act as 
     Speaker pro tempore on this day.
                                                     Nancy Pelosi,
     Speaker, 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.
  The Chair will alternate recognition between the parties, with each 
party limited to 30 minutes and each Member, other than the majority 
and minority leaders and the minority whip, limited to 5 minutes.
  The Chair recognizes the gentlewoman from Florida (Ms. Ros-Lehtinen) 
for 5 minutes.

                          ____________________




              UNITED STATES-COLOMBIA FREE TRADE AGREEMENT

  Ms. ROS-LEHTINEN. Thank you, Mr. Speaker.
  The strongest argument that can be made for the U.S.-Colombia Free 
Trade Agreement is not that it is good for Colombia but that it is good 
for us. The U.S. has few barriers to trade, so currently most of 
Colombia's exports enter the U.S. with few or no restrictions. But 
Colombia has many barriers to our goods. This is what opponents of the 
agreement can't seem to grasp: The Free Trade Agreement will remove 
Colombia's barriers to U.S. goods. Of course Colombia will benefit 
economically but we will benefit more.
  The second strongest argument is that our friends and enemies in this 
hemisphere are watching how we treat a loyal ally that is being 
threatened from many sides. If we do not pass this agreement, Mr. 
Speaker, and it is clearly in our interest to do so, the only possible 
conclusion that these countries can come to is that we made a 
deliberate choice to back away from an ally at this most crucial and 
critical time.
  Mr. Speaker, this debate should be more about how this agreement will 
impact in a positive way our U.S. economy. An honest debate can have 
only one outcome--strong support for passage of the U.S.-Colombia Free 
Trade Agreement and as soon as possible.
  The capital of Colombia is only 3 hours away from my district in 
Miami, Florida. The strong ties that have developed between our 
communities are symbolic of the enduring friendship that our Nation 
shares with Colombia. As Florida's seventh largest global trading 
partner, passage of the FTA has the potential to boost Florida's 
exports to Colombia by $161 million in just the first year. Also 
significant is the agreement's ability to support the creation of 
nearly 5,000 new jobs throughout the State within the first 3 years of 
its passage. The positive impact that this FTA could have for the 
prosperity and security of our two nations, and indeed the hemisphere 
as a whole, cannot be denied. Serving as the steadfast bulwark against 
radical, anti-American regimes throughout the region, Colombia has 
proven time and time again its commitment to respecting human rights 
and democracy.
  Now it is time for us to step up, Mr. Speaker, and not only support 
Colombia's efforts but provide Americans here at home the opportunity 
to benefit from our trade relationship as well. We hope that this trade 
agreement will be before us as rapidly as possible.

                          ____________________




                    HONORING CESAR CHAVEZ'S BIRTHDAY

  The SPEAKER pro tempore. The Chair recognizes the gentleman from New 
Jersey (Mr. Sires) for 2 minutes.
  Mr. SIRES. Mr. Speaker, today I join my colleagues in celebrating the 
life of Cesar Chavez. Eighty-one years ago, Cesar Chavez began his life 
on March 31 and he continues to serve as an inspiration to thousands.
  Cesar Chavez was a pioneer for civil rights and labor rights. He was 
a man that understood that in order to achieve change, sacrifices are 
necessary. Due to his hard work and dedication to his community, he 
successfully founded the United Farm Workers Union, the largest union 
protecting the rights of our country's many farm laborers. Currently, 
10 States officially honor the memory of Cesar Chavez by celebrating a 
holiday in his name. My colleague, Congressman Baca, has introduced 
legislation, H. Res. 76, to establish a national Cesar Chavez Day to 
honor this important man through volunteer projects, educational 
activities, and cultural celebrations, among other events. I thank 
Congressman Baca for introducing this legislation and for helping to 
bring Cesar's life and legacy to the Members of Congress and to our 
constituents throughout the country. He truly is a national hero.

                          ____________________




              UNITED STATES-COLOMBIA FREE TRADE AGREEMENT

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Illinois (Mr. Weller) for 5 minutes.
  Mr. WELLER of Illinois. Thank you, Mr. Speaker. I join my colleague, 
Ileana Ros-Lehtinen of Florida, in urging the Speaker of the House to 
bring to this floor the U.S.-Colombia Trade Promotion Agreement, an 
agreement that's good for Illinois farmers, good for Illinois workers, 
and good for Illinois manufacturers.
  Let me begin by asking some important questions. What nation in Latin 
America is the most longstanding democracy? The Republic of Colombia. 
What nation in Latin America is the United States' most reliable and 
dependable partner against narcotics and against terrorism? The 
Republic of Colombia. What nation today has the most popular elected 
official year after year after year in their own country? That is 
President Uribe of Colombia. The U.S.-Colombia Free Trade Agreement is 
a good agreement for my State of Illinois. We are a big winner, as is 
the United States.
  In 2006, Illinois exported $214 million in exports to Colombia, but 
that's just the beginning. Why? Because Illinois exports, U.S. exports 
to Colombia are taxed by tariffs. But their exports to the United 
States are not taxed by tariffs. So right now trade is a one-way 
street. We want to make it a two-way street.
  As a result of this trade agreement, 80 percent of U.S. exports that 
are currently taxed will be duty-free immediately. And as we know, our 
exports to other countries grow 50 percent faster with countries we 
have trade agreements with. So it's a win-win-win for American workers, 
American farmers, and American manufacturers. We want to be competitive 
with Asia.
  We know Colombia is a reliable partner, our most important ally. We 
know Colombia is a longstanding democracy. We also know that President 
Uribe is popular. He was elected to stem the violence in Colombia. He 
was elected to

[[Page 4639]]

push the FARC, the leftist narcotrafficking terrorist organization, out 
of the country. And he's made tremendous progress. And today because of 
his success in expanding government presence throughout the country, 
bringing stability and order and safety and security to Colombia, his 
approval rating in his own country year after year has been over 80 
percent. Compare that to this Congress which has a 15 percent approval 
rating.
  Now there are those who oppose this trade agreement and they are the 
same people who have opposed every trade agreement. They say not enough 
is done for labor. When the Peru and Colombia trade agreements were 
finalized, my Democratic friends said we needed to do more regarding 
labor rights. Both Peru and Colombia complied. And, of course, Peru has 
been ratified, but Colombia has not. Now they say that there's too much 
labor violence in Colombia. Well, let's look at the facts. Seventy-one 
percent of Colombians say they are more secure under President Uribe. 
Seventy-three percent of Colombians say Uribe respects human rights. 
Homicides are down 40 percent. Kidnappings are down 76 percent. In 
fact, the murder rate in Colombia today is lower than Washington, D.C., 
lower than Baltimore.
  Here are the facts on labor violence: The last 2 years, President 
Uribe has hired 418 new prosecutors; 545 new investigators; created 
over 2,166 new posts overall in the Prosecutor General's office; and 
increased funding for prosecution of those who commit violent acts by 
75 percent.
  Carlos Rodriguez, president of the United Workers Confederation, said 
about these new posts: ``Never in the history of Colombia have we 
achieved something so important.'' Now when it comes particularly to 
labor leaders, President Uribe has allocated almost $39 million to 
providing bodyguards for protection for labor union leaders. One 
thousand five hundred union leaders and activists provided protection, 
the second largest protected group in the nation of Colombia. And it's 
been successful. In fact, no labor leader under this protection has 
lost his life or experienced violence.
  As the Washington Post noted yesterday, the murder rate for labor 
activists is lower than the national rate for the rest of the country. 
So President Uribe has made tremendous progress in reducing violence. 
For those who point to labor activists being the subject of labor 
violence, he's made even greater success in reducing violence.
  I would also note that the International Labor Organization has 
removed Colombia from its labor watch list and Colombia has agreed to 
permanent International Labor Organization presence in Colombia. 
Perhaps most telling, 14 Colombian labor union leaders have personally 
given their support to the Trade Promotion Agreement and they represent 
79,000 organized workers. We continue to hear opposition with no 
explanation.
  The bottom line is this is a good trade agreement. Colombia is our 
best ally. If you care about the future of Latin America, if you care 
about democracy, if you care about security, we need to bring the U.S.-
Colombia Trade Promotion Agreement to this floor for a vote.

                          ____________________




                    MARKING CESAR CHAVEZ'S BIRTHDAY

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Texas (Mr. Green) for 2 minutes.
  Mr. GENE GREEN of Texas. Thank you, Mr. Speaker, and colleagues.
  Today I rise to honor a hardworking labor leader, Cesar Chavez, who 
founded the United Farm Workers Union and dedicated his life to promote 
nonviolence through boycotts and strikes that would protect farm 
workers from the dangers of pesticides, low wages, and the denial of 
fair and free elections.
  I met Cesar Chavez in the 1970s when he came to organize farm workers 
in Texas. I was a young Texas State Representative and was inspired by 
his leadership then and as he inspires people today in this century.
  Cesar Estrada Chavez was born on March 31, 1927, in Yuma, Arizona. It 
was 10 years later in 1937 that like many other migrant families, his 
parents lost their farm and their home. This was a hardship that led 
them to join thousands of other migrant farmer workers to toil in the 
California fields.
  In 1944 Cesar Chavez enlisted in the U.S. Navy where he served and 
fought for the United States in the Pacific during World War II. He 
later married Helen Fabela and fathered eight children. Although Cesar 
Chavez was not able to complete high school because his family required 
his helping hands in the California fields, he not only endured the 
hardships of migrant working conditions but experienced the injustices 
that he later made into a personal crusade for the migrant farm 
workers.
  His personal struggles as a migrant farm worker led him to find a 
nonviolent way to help Hispanic farm workers. In the 1950s, Cesar 
quietly began to study and work for the better working conditions of 
migrant workers. His persistent struggle to help Hispanics led him to 
organize the National Farm Worker group in Fresno, California. Cesar 
Chavez was one of the first Hispanic activists that begun what was a 
series of boycotts and strikes against California grape growers. Most 
notably, he called a boycott against Schenley Industries, a major 
California grape producer. His series of boycotts and strikes caused a 
national awareness that provoked the late Senate Robert F. Kennedy to 
criticize local officials after uncovering strike-breaking practices 
against farm workers. The National Farm Workers Union later reached a 
groundbreaking settlement with Schenley Industries that marked the 
first contract ever signed for farm workers in the United States.
   This was a monumental achievement that the United Farm Workers would 
not have been able to accomplish without the hard work and 
determination of this courageous individual.
   As the struggle to protect farm workers continued, Cesar Chavez even 
sacrificed his health several times by fasting. He saw his fight as a 
personal fight to end the terrible suffering of the farm workers and 
their children.
   Cesar Chavez worked tirelessly to improve the lives of America's 
farm workers by securing their rights to organize and bargain 
collectively for fair working conditions. Chavez showed us that 
together we can make a safe and prosperous America with a strong and 
vibrant economy--an America with good jobs and good pay. Fifteen years 
after his passing, his life's work and legacy continues to inspire 
millions.

                          ____________________




                              CESAR CHAVEZ

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
California (Mr. Baca) for 5 minutes.
  Mr. BACA. Mr. Speaker, I rise today in support of honoring Cesar 
Chavez, an American hero, a role model, and an inspiration to many 
Americans. In this Congress I have reintroduced H. Res. 76, a 
resolution urging the establishment of a national holiday for Cesar 
Chavez. This resolution was introduced and supported by the United Farm 
Workers of America, Cesar E. Chavez Foundation, the Congressional 
Hispanic Caucus, and many other of my fellow colleagues. We are urging 
for a holiday to honor Cesar's memory and educate our youth and 
community about this remarkable yet humble leader who paved the way for 
many of us.
  Cesar Chavez is a true American hero. He carried the torch for 
justice and freedom. He was a beacon of light for many of us Latinos in 
the community. His legacy will live on in our hearts and hopes and in 
our dreams. To quote him, si se puede, yes, it can be done.
  This is the same cry we hear today, a cry of justice and equality and 
opportunity for all to have the American Dream here in the United 
States. Cesar represents the true essence of hope for many of us. From 
humble beginnings, Cesar was born near Yuma, Arizona, grew up in a 
migrant labor camp, and fought against the exploitation of workers at 
an early age.
  In 1944, Cesar joined the United States Navy and honorably served his 
country as a veteran. With great courage and passion, he fought to 
preserve

[[Page 4640]]

the principles of freedom and equality. He used this same courage and 
passion to stop the exploitation of workers.
  Cesar was a trailblazer. In the early 1960s, he founded the United 
Farm Workers to gain nationwide attention of the exploitation of grape 
farmers, a too often forgotten labor force. He led his organization to 
increase protection for workers; to increase health and safety 
standards; to ban child labor from the field; to win fair wage 
guarantees; to fight against employment discrimination and the sexual 
harassment of female workers.
  Cesar's dedication to social justice meant great sacrifices. This 
year marks the 40th anniversary of his famous public 25-day hunger 
strike calling for nonviolence. Cesar organized the farm workers to 
stand together and in one loud voice say, ``From this day, we demand to 
be treated like men and we should be respected as human beings. We are 
not slaves. We are not animals. We are not alone.''
  I was lucky enough to be part of his funeral, attended by over 50,000 
people. I also had the pleasure of meeting with Cesar Chavez on many 
occasions in the Inland Empire.
  In his memory, the State of California in September of 1994 enacted a 
law designating March 31, Cesar's birthday, as a State holiday. 
However, Cesar's light reaches beyond California and across ethnic 
barriers and across income levels across our Nation. Ten States 
officially celebrate Cesar's birthday as a holiday. This month his 
legacy will be remembered publicly all across the Nation in over 25 
States and over 35 cities. These nationwide actions are about respect, 
respeto.
  For this reason, I continue to call for the respect of a great man, a 
trailblazer who changed the world by using nonviolence. Cesar taught us 
that all workers deserve respect and dignity. Cesar, a common man with 
uncommon vision; a humble leader that forged together national 
coalitions of students, middle-class consumers, religious groups, 
minorities and others.
  The significance and impact of Cesar's life transcends any one cause 
or struggle. In 1994 he was posthumously awarded the Presidential Medal 
of Freedom, the highest civilian honor in America. And yet we should 
have a holiday for him.
  His slogan, si se puede, yes, it can be done, still rings in the 
hearts of many Latinos and non-Latinos that it can be done and never 
give up because you can achieve whatever you want.
  Yes, I say si se puede, one day Cesar Chavez will be honored, 
respected and remembered throughout this Nation with a holiday. This is 
only the beginning. Nationwide we are raising awareness of a great man 
who has honored our Nation, who has served our country and sacrificed 
himself for the betterment of others. We will keep his legacy alive.

                          ____________________




                              CESAR CHAVEZ

  The SPEAKER pro tempore. The Chair recognizes the gentlewoman from 
California (Ms. Solis) for 2 minutes.
  Ms. SOLIS. I thank the Speaker and I am very privileged this morning 
to pay special tribute and honor to the legacy of Cesar Estrada Chavez. 
Chavez dedicated his life to championing the rights of farm laborers 
and all working people and he did it through nonviolence. Recently I 
returned from a trip with the Speaker to India where I visited a 
memorial to Mahatma Gandhi and I recall that moment thinking about the 
nonviolence that was also expressed by Cesar Chavez in his movement to 
fight for dignity and respect for poor people, for people that were 
being oppressed.
  Like Gandhi, Chavez believed that nonviolence is one of the most 
powerful tools to achieve change, including social and economic 
justice. Chavez was a follower also of Martin Luther King, Jr. 
believing in the power of prayer and spirituality. I have been inspired 
by the works of Cesar Chavez and also by the cofounder of the United 
Farm Workers, Dolores Huerta, and with that had introduced a resolution 
in this House to pay tribute to Dolores Huerta, one of the highest 
ranking members of the UFW. Yet until this day, we have not been able 
to bring that resolution up and I wonder why. And I ask the question--
why can't this House also pay tribute to a strong leader, a female, who 
represents the workers? Also with that in mind, I introduced 
legislation, the Cesar Estrada Chavez Study Act, H.R. 359, that did 
pass out of this House, that would for the first time authorize the 
Department of Interior to study public lands important to the life and 
history of Cesar Chavez through the National Park Service. Right now 
that bill has made its way out of the House and is over at the Senate. 
I would ask that the Senate Members there take action on the bill as 
soon as possible.
  We should be grateful and never forget the accomplishments and 
achievements of Cesar Chavez to improve civil rights for every single 
American and those individuals who work and toil in the fields. Let us 
not forget the fruits and vegetables that we receive on our table come 
from those very farm workers here who may not even today have the same 
protections that Cesar Chavez worked so hard for.

                          ____________________




                              CESAR CHAVEZ

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Arizona (Mr. Grijalva) for 2 minutes.
  Mr. GRIJALVA. Thank you, Mr. Speaker, and I rise with my colleagues 
today to remember a great American on his birthday. Cesar Chavez was 
born 83 years ago and would have been 83 years old yesterday. He 
devoted his entire life to the betterment of this Nation and to its 
people. He gave voice to the voiceless. In working with the farm 
workers, in organizing their union, in fighting for their dignity, 
respect and equal treatment on the job, he worked for farm workers who 
were not considered equals in any sense. He gave voice to the 
voiceless.
  And in these times when we see these disturbing trends going on in 
our Nation, where even on the floor of this great people's hall we hear 
disturbing trends where people are marginalized, demonized, dehumanized 
because of who they are and the circumstances of their life, these 
disturbing trends should remind us of Cesar's legacy. His legacy was 
not about creating a situation where people are treated less than but 
creating a society where people were treated as equals, with respect 
and with dignity. Cesar insisted on the best for us and on the best in 
us. He insisted on a sense of faith about the future and our families 
and our Nation. He insisted on tolerance, that we as human beings 
should understand and respect each other and with that respect comes 
understanding and with that respect comes a better nation.
  He insisted on equality, that all humans are created equal under our 
Constitution, all people are created equal under our Constitution, and 
he fought his entire life to make that value a reality for all of us.
  So when we celebrate his birthday and we celebrate his legacy, let us 
not forget that Cesar's legacy is a living legacy, a legacy that calls 
upon us day after day to continue his work, to forward his vision and 
to make this Nation the best it can be and to make ourselves the best 
we can be.

                          ____________________




                              CESAR CHAVEZ

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Colorado (Mr. Salazar) for 2 minutes.
  Mr. SALAZAR. Thank you, Mr. Speaker.
  Today, Mr. Speaker, I am proud to support legislation honoring a 
great American on his 81st birthday, Cesar Chavez. Cesar Estrada Chavez 
is best known as a farm worker, labor leader and civil rights activist.
  Born in Yuma, Arizona, of Mexican descent, Chavez became a champion 
for his fellow farm workers. Among his many achievements, Cesar Chavez 
was cofounder of the United Farm Workers Association with fellow 
activist Dolores Huerta. This association provided farm workers with a 
voice that they so desperately needed. Mr. Speaker, as a lifetime 
farmer, I can appreciate the sacrifices made by Chavez and his 
supporters. My oldest brother, Leandro Salazar, the oldest of our 
family, marched with Cesar Chavez in California for nearly 2 years.
  We believe that forcing workers to endure this labor under dangerous

[[Page 4641]]

working conditions and without fair pay is absurd. The most horrific 
sight that you can ever see is farm workers working out in the field 
and an aerial applicator coming down upon them and spraying pesticides 
on them. He worked to make sure that those things did not happen again.
  We cannot stand by when a laborer is forced to work even as 
pesticides are being sprayed on the field he or she is working in. His 
dedication to the cause of worker rights and equality addressed the 
needs of blue collar men and women across this Nation.
  Mr. Speaker, his example inspires us to work together to improve the 
quality of life for all Americans.

                          ____________________




                              CESAR CHAVEZ

  The SPEAKER pro tempore. The Chair recognizes the gentlewoman from 
California (Ms. Lee) for 2 minutes.
  Ms. LEE. Thank you, Mr. Speaker.
  I rise this morning in strong support, first of all, of H. Res. 76, a 
resolution to create a national holiday in honor of a great human 
being, Cesar Chavez.
  Mr. Speaker, already nine States celebrate his life. I am proud that 
California was the first. The legacy that he left on the history of 
this Nation must be recognized. He made a difference, not only for 
Latinos, not only for migrant workers but for the poor and the working 
poor, and he also built a coalition of conscience across racial and 
economic boundaries, just as his cofounder, a great woman and a good 
friend, Dolores Huerta, has.
  I am reminded today of the political support that Cesar provided me 
during my first California campaign for the California legislature. He 
truly helped me make and win my first election and for that I am deeply 
grateful.
  I had the privilege to attend his funeral with Congressman Baca in 
Delano, California. As I marched behind his humble wooden casket, I was 
reminded of the fact that one person who stood for nonviolence can and 
could and did make a difference.
  The Martin Luther King Freedom Center in Oakland, California, studies 
the lives of great freedom fighters such as Dr. Martin Luther King, Jr. 
and also Cesar Chavez. The young people of our country and especially 
in my district are getting to know this human being who really did live 
a life committed to justice and freedom for all. I urge my colleagues 
to join us in supporting this growing movement for a national holiday 
in honor and in memory of this great civil and human rights leader. He 
is such an important historical figure in our Nation.
  Si se puede, yes, we can create a country of liberty and justice for 
all. Cesar Chavez showed us how to do it. He showed us with his gentle 
and kind spirit. He showed us with his tough love. He showed us how to 
march. He showed us how to care about those, the least of these, who 
had no voice. And for that this country owes him a debt of gratitude 
and I can think of no other way than to honor him by passing H. Res. 
76.

                          ____________________




                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the 
Chair declares the House in recess until noon today.
  Accordingly (at 10 o'clock and 59 minutes a.m.), the House stood in 
recess until noon.

                          ____________________




                              {time}  1200
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mrs. Jones of Ohio) at noon.

                          ____________________




                                 PRAYER

  Jeri B. Greenwell, National Chaplain, American Legion Auxiliary, 
offered the following prayer:
  Almighty God, we praise You for Your goodness to our Nation. Instill 
in these Members of the House virtues of integrity, character, and 
courage; always responsive to Your direction, aware of Your grace, and 
guided by what is right.
  Illuminate their path with the light of Your companionship. Open 
their eyes that they will see goodness in that which they hope to 
achieve; their ears so they will hear the will of the people; and their 
hearts that their actions will show compassion toward all.
  Continue to bless America and the members of our military, whose 
sacrifices allow us to enjoy our many freedoms. Unify us not as 
conservatives, moderates or liberals; but as one Nation under God, 
indivisible with liberty and justice for all.
  In You, O God, we forever place our trust.
  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 gentleman from North Carolina (Mr. 
Butterfield) come forward and lead the House in the Pledge of 
Allegiance.
  Mr. BUTTERFIELD 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.

                          ____________________




               WELCOMING GUEST CHAPLAIN JERI B. GREENWELL

  The SPEAKER pro tempore. Without objection, the gentleman from Maine 
is recognized for one minute.
  There was no objection.
  Mr. MICHAUD. Madam Speaker, I rise today to welcome and recognize Ms. 
Jeri Brooks Greenwell as today's guest chaplain. Ms. Greenwell is from 
Bethel, Maine, and is a member of the West Paris Congregational Church. 
She's also the National Chaplain of the American Legion Auxiliary.
  Ms. Greenwell has dedicated much of her adult life in community 
service. She has been an active member of the Legion Auxiliary since 
1974, holding numerous positions. Her service extends deep into her 
community. Ms. Greenwell is a life member of the Bethel Historical 
Society, a former Literacy Volunteer, a member of the Maine's Children 
Alliance, a member of the Maine Handicapped Skiing Veterans Program, 
and a National spokesperson for the National Meningitis Association.
  Ms. Greenwell is joined by other members of the American Legion. I 
would like to welcome them as well. I am proud that Ms. Greenwell is my 
constituent, and it is an honor to have her deliver today's prayer.

                          ____________________




                             PASS FISA FIX

  (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, it's been over 40 days 
since the Protect America Act expired and our Nation's ability to 
defend itself was jeopardized. Before Congress left for a 2-week 
recess, the majority leadership brought a bogus bill to the floor that 
narrowly passed the House of Representatives, that probably will never 
see the light of day in the Senate, and most assuredly would be vetoed 
by the President. They knew this. And yet they chose a flawed piece of 
legislation over a bipartisan fix to the FISA loophole.
  There is a bill that has been supported by a bipartisan majority of 
Senators, including the chairman of the Select Senate Committee on 
Intelligence, the Department of Justice, the White House, our 
Intelligence Community, and publicly by Democrats in the House. Rather 
than take the necessary steps to protect American families by holding a 
vote on this legislation, the majority leadership has chosen to try and 
discredit the entire issue and claim that all is well. The American 
people know better and deserve better.
  In conclusion, God bless our troops, and we will never forget 
September the 11th.

[[Page 4642]]



                          ____________________




                           OUR TROOPS IN IRAQ

  (Mr. GEORGE MILLER of California asked and was given permission to 
address the House for 1 minute and to revise and extend his remarks.)
  Mr. GEORGE MILLER of California. Members of the House, this country 
has given the best of its young men and women in the battle in the war 
in Iraq and much of its treasure on the theory that we were fighting 
terrorists in Iraq so that we would be safer at home, on the theory 
that we were fighting terrorists in Iraq to eradicate them. We have 
lost over 4,000 young men and women in that battle, and tens of 
thousands of more seriously wounded, and almost $1 trillion of our 
treasure. Yet, this last week we saw our troops were not called upon to 
go against insurgents, to go against al Qaeda. They were called upon to 
enforce one side of an election battle of Shias against another band of 
Shias.
  Our troops were put into battle over this last week because there was 
a fear by the Maliki government that the Supreme Council of Iraq would 
lose an election in Bosra. So they declared a battle against Muqtada 
al-Sadr's supporters in Bosra. They were unable to do it. They were 
unable to effectively carry it out. And they didn't force American 
troops into that battle.
  Our troops should not be engaged in trying to square the field for 
the election advantage of one group of Iraqis over another. That is 
what elections are about, that is what democracy is about. But it 
should not be with the lives of our troops and the treasure of this 
country.

                          ____________________




                             EASTER IN IRAQ

  (Mr. POE asked and was given permission to address the House for 1 
minute.)
  Mr. POE. Madam Speaker, after returning from Iraq over the Easter 
weekend, I want to report my observations. The military situation is 
progressing positively with the Iraqi Security Forces, the National 
Police, and the new-found group of citizen soldiers called the Sons of 
Iraq doing ever improving job of securing their own nation.
  The Iraqis and the U.S. troops are working better together as both 
nations use their troops in combined patrols. U.S. Commander and Four 
Star General Petraeus understands not only the military situation, but 
the complex political situation as well. The Iraqi government is 
showing signs of more stability than it has in previous months.
  My observations of the U.S. troops: they have very high morale, a 
strong sense of purpose, and are well trained and ready to meet U.S. 
objectives in Iraq. The most notable concern I saw was the ever 
increasing interference and influence of Iran. The Iranians are funding 
insurgents and supplying weapons from small arms to rockets to any 
group that will cause chaos. It appears Iran wants instability in Iraq 
to further its own political and military objectives.
  The U.S. presence in Iraq is necessary to prevent the circling 
Iranian vulture from preying on the peoples of Iraq.
  And that's just the way it is.

                          ____________________




                  ROCKY MOUNT SOLDIERS KILLED IN IRAQ

  (Mr. BUTTERFIELD asked and was given permission to address the House 
for 1 minute.)
  Mr. BUTTERFIELD. Madam Speaker, three members of the Army National 
Guard's 1132nd Military Police Company based in Rocky Mount, North 
Carolina, were recently killed in support of our Operation Iraqi 
Freedom after an improvised explosive device detonated near their 
vehicle.
  Twenty-seven-year old Sergeant David B. ``Blake'' Williams, of 
Tarboro, North Carolina, was from my district. He was serving a second 
tour of duty in Iraq, and was recently awarded a second Army 
Commendation Medal for his exceptional service during combat duty.
  A few moments ago, Madam Speaker, I spoke to Susan Legett Williams, 
the mother, and Mary Beth Williams, the sister, to express not only 
sympathy from the Congress of the United States of America but to 
express appreciation from a grateful Nation.
  May God bless the entire Williams family during this difficult time 
in their lives.

                          ____________________




       THE COOPER-WOLF SAFE COMMISSION ACT: A PROPOSAL WITH TEETH

  (Mr. WOLF asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. WOLF. Madam Speaker, last Tuesday the annual Social Security 
Medicare Trustees Report was issued, and not surprisingly, drawing the 
same dismal conclusions it did last year. We have all heard the 
statistics about the demographic challenge retirement of the Baby 
Boomers generation presents. But what are we doing about it?
  I am disappointed that this Congress and this administration continue 
to turn a blind eye toward the country's unsustainable financial path. 
The American people cannot afford to have this issue languish in 
partisan gridlock. Americans should know the longer we wait to get our 
fiscal house in order, the harder and more abrupt the changes will be 
for America's younger generation.
  I am challenging all of us to be part of the solution so we can tell 
our children and our grandchildren that while serving in Congress, we 
did everything in our power to protect their futures. Please cosponsor 
the Cooper-Wolf SAFE Commission Act, which will put everything, 
entitlement spending, tax policy, and all other Federal programs on the 
table, and require action on controlling the long-term spending.

                          ____________________




                         CHILDREN'S HEALTH CARE

  (Mr. CARSON of Indiana asked and was given permission to address the 
House for 1 minute.)
  Mr. CARSON of Indiana. Madam Speaker, on Sunday I held a children's 
health care rally at the Martin Luther King Community Center in 
Indianapolis, Indiana, and met with parents like Brandy Briscoe. Brandy 
goes to school full time and is raising her 2-year-old son, Elijah. 
When he was born, he had no health insurance. Today, thanks to the 
State Children's Health Insurance Program, Elijah and 130,000 other 
children in Indiana have the health care they need and deserve.
  We know that Elijah and Brandy are two of the lucky ones. In Indiana, 
tens of thousands of children don't have health care. Their parents 
wonder what they will do if their child gets sick and needs a doctor. 
These parents and their children are counting on us to act.
  So, on Sunday, I pledged to my constituents that I would be a voice 
for children and families and will continue to fight to cover more 
children through the Children's Health Insurance Program. I make this 
pledge with the knowledge that this House has worked long and hard on 
children's health care in the past. But we cannot let these 
difficulties dissuade us from doing right by our children.
  I am proud today to cosponsor the Children's Health First Act, and I 
look forward to working with Democrats and Republicans to craft the 
kind of compromise that moves us forward into the future.

                          ____________________




                   COLOMBIA TRADE PROMOTION AGREEMENT

  (Mr. SMITH of Nebraska asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. SMITH of Nebraska. Madam Speaker, now that we are back in 
Washington, I am looking forward to passing a trade accord with 
Colombia. The agreement should be brought up before the House as soon 
as possible. Over 90 percent of U.S. imports from Colombia now enter 
our country duty-free. The agreement will provide U.S. companies and ag 
producers with duty-free access to the Colombian market.
  Colombia's market grew by 7 percent last year, and is already a top 
global export market for U.S. crops such as corn and cotton. With the 
trade accord

[[Page 4643]]

in place, U.S. exports are projected to rise by more than $1 billion 
per year. The time is right. Opening new markets and strengthening 
existing ones is tremendously important to Nebraska's Third 
Congressional District and our Nation as a whole. It is my priority to 
help Nebraska's producers and industries continue to compete and 
succeed in the global market. I urge my colleagues to do the same.

                          ____________________




BUSH ADMINISTRATION WILLING TO BAIL OUT BEAR STEARNS BUT NOT STRUGGLING 
                                FAMILIES

  (Mr. ALTMIRE asked and was given permission to address the House for 
1 minute.)
  Mr. ALTMIRE. Madam Speaker, last month the Bush administration 
approved the Federal bailout of an investment giant, Bear Stearns. You 
would have thought that the crisis on Wall Street would have opened the 
administration's eyes as to what is happening on Main Street. 
Reminiscent of Herbert Hoover, President Bush continues to oppose any 
efforts by this Congress to address the extreme hardships of Americans 
struggling in today's economy. House Democrats have crafted a 
foreclosure prevention package that would help stabilize the housing 
market, and Senate Democrats have similarly been working on legislation 
to help struggling families keep their homes. But rather than support 
such efforts, President Bush has threatened to veto the bill, and 
Senate Republicans voted to block it from even coming to the floor for 
a vote.
  Madam Speaker, it's time President Bush and Republicans recognize 
that the crisis affects Main Street as well as Wall Street, and they 
should join us in our efforts to help families hard hit by this 
economy.

                          ____________________




                              {time}  1215
          SUPPORT THE U.S.-COLOMBIA TRADE PROMOTION AGREEMENT

  (Mr. WELLER of Illinois asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. WELLER of Illinois. Madam Speaker, I rise to urge the majority 
leadership to bring to the floor the U.S.-Colombia Trade Promotion 
Authority Agreement. It is a good agreement. The question is, who is 
Colombia? It is the longest-standing democracy in Latin America, it is 
the United States' most reliable and best partner in counterterrorism 
and counternarcotics, and, frankly, it is an important ally of the 
United States.
  This trade agreement is good for the U.S., it is good for Colombia. 
Right now, Colombian products come into the United States, and they 
come in basically duty-free without any taxes. Our products going to 
Colombia suffer taxes. Under this trade promotion agreement, 80 percent 
of those duties and taxes are eliminated immediately. It is good for 
Illinois workers, Illinois manufacturers and Illinois farmers.
  There are those who oppose this agreement. The Washington Post 
probably said it best yesterday in their editorial when they stated 
their support for the U.S.-Colombia Trade Promotion Agreement. They 
noted, ``The agreement is currently being held hostage by Members of 
the House who argue that Colombia, despite a dramatic drop in its 
overall murder rate, doesn't deserve this.''
  The bottom line is, President Uribe has greatly reduced violence. The 
murder rate is lower than in Baltimore or Washington.

                          ____________________




BUSH ADMINISTRATION WILLING TO BAIL OUT BEAR STEARNS BUT NOT STRUGGLING 
                                FAMILIES

  (Mr. CARNAHAN asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. CARNAHAN. Madam Speaker, while the Bush administration has had no 
problem bailing out Wall Street firms at taxpayers' expense, it has 
opposed efforts to help ordinary homeowners. As many as 2.8 million 
Americans could lose their homes in the next 5 years due to the 
subprime mortgage crisis. Housing prices have dropped so much that 
homeowners' debt on their houses exceeds equity for the first time 
since 1945, and now more than 10 percent of homeowners have mortgage 
loans that are larger than the value of their homes.
  These troubling signs have been before the administration for many 
months, but they have refused to bring forth a proposal to address them 
until yesterday, and that mainly addresses only regulatory issues.
  Fortunately, this Congress did not follow the White House's lead. 
This House has already passed legislation this year that would expand 
affordable mortgage loan opportunities for families at risk of 
foreclosures.
  Madam Speaker, this is only the beginning. We can't do this alone. 
The President must finally recognize there is a problem and be willing 
to sign these bills into law when they get to his desk.

                          ____________________




              PASS THE U.S.-COLOMBIA FREE TRADE AGREEMENT

  (Mr. RYAN of Wisconsin asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. RYAN of Wisconsin. Madam Speaker, if there was ever an equivalent 
of what we call a no-brainer in Congress, it is the Colombian Free 
Trade Agreement. Congress needs to bring this to the floor and pass 
this agreement. Why? Colombia already has free access to the U.S. 
market, but we don't have access to their market. Let me say that 
again. They already have free access to United States markets. We ought 
to be able to get the same fair trade in their market.
  Number two, Colombia is our ally in fighting the drug trade. It is a 
democracy that is in a tough neighborhood that is helping us defeat the 
narcoterrorists, helping us cut off the drugs.
  I had the pleasure of going to Colombia 3 weeks ago to see the 
progress, to see the democracy, to see the things they are doing to 
help individuals, to demilitarize the narcoterrorists and the 
paramilitary organizations. Colombia is lifting up their people from 
poverty. They are helping us in a difficult neighborhood.
  More important, for our Wisconsin soybean growers, corn growers, 
dairy producers and manufacturers, it will create more jobs in 
Wisconsin because we will be able to sell more of our products to 
Colombia if they treat us like we are treating them. That is why we 
should pass the free trade agreement with Colombia.

                          ____________________




    BUSH ADMINISTRATION PROPOSAL ON CREDIT CRISIS NOT NEARLY ENOUGH

  (Ms. CASTOR asked and was given permission to address the House for 1 
minute.)
  Ms. CASTOR. Madam Speaker, in these challenging economic times, 
Americans everywhere are feeling the negative impact of President 
Bush's economic policies. More Americans are looking for work, millions 
have lost their homes or they are at risk, gas prices are at an all-
time high, and in Florida property insurance is out of sight.
  Now, the House has already taken action to address these issues, the 
housing crisis, credit, gas prices, but the Bush administration has 
been silent, or they have been actively opposed. That is until 
yesterday, when Treasury Secretary Paulson finally offered a proposal. 
But one bank analyst back home cautioned that the proposal is a 
political ploy. The Bush administration is just trying to reassure 
consumers that it has the financial crisis under control. ``All he's 
doing is moving the deck chairs,'' he said.
  Well, I am very concerned as well that the announcement falls short 
in one key area. It does not address the immediate needs of American 
homeowners facing imminent foreclosure and the impact on our 
neighborhoods and communities.
  We are going to work over the next few months for real action, as 
opposed to President Bush's hands-off approach.

[[Page 4644]]



                          ____________________




 CAUTIOUS SUPPORT FOR THE UNITED STATES GLOBAL LEADERSHIP AGAINST HIV/
        AIDS, TUBERCULOSIS, MALARIA REAUTHORIZATION ACT OF 2008

  (Mr. PENCE asked and was given permission to address the House for 1 
minute and revise and extend his remarks.)
  Mr. PENCE. Madam Speaker, HIV/AIDS is a pandemic that has affected 
more than 60 million people worldwide. Today, 70 percent of the people 
in the world who are afflicted with HIV/AIDS reside in Africa. Thanks 
to the leadership of President George W. Bush and bipartisan leadership 
here in Congress, tomorrow we will consider the Lantos-Hyde United 
States Global Leadership Against HIV/AIDS bill.
  The Bible tells us to whom much is given, much is expected. I believe 
we have a moral obligation to rise to this global crisis. Because the 
United States can render timely assistance, I believe that we must. But 
it is imperative that we not only send our resources, but we also send 
them in a manner that is consistent with our values.
  It is my hope, Madam Speaker, that when the bill comes tomorrow, it 
will preserve the careful balance between American resources and 
American values that we forged in the Foreign Affairs Committee. We 
cannot permit PEPFAR to become a mega-funding pool for organizations 
that are anathema to millions of Americans.
  I urge the Speaker and the Rules Committee today, preserve the 
careful bipartisan balance in PEPFAR and bring that compromise to the 
floor.

                          ____________________




    DEMOCRATIC BUDGET PRIORITIZES THE NEED TO STRENGTHEN OUR ECONOMY

  (Mr. ARCURI asked and was given permission to address the House for 1 
minute and revise and extend his remark.)
  Mr. ARCURI. Madam Speaker, at a time of serious economic uncertainty, 
Democrats have passed a 2009 Democratic budget last month that invests 
in Federal programs that will boost our economy.
  In February, our economy shed 63,000 jobs in fields across-the-board. 
In order to compete in the new economy, we need to invest in 
innovation, energy, education and infrastructure, and that is exactly 
what this Democratic budget does.
  Our budget provides crucial funding for the Democratic innovation 
agenda and the America Competes Act to enhance our competitive edge by 
increasing funding for important math and science education research. 
We also increase funding for efficient and renewable energy programs so 
we can create the green collar jobs of the future. Our budget also 
invests $7.1 billion more than the President for essential education 
and job training programs that are so important at a time when 
Americans are losing their jobs.
  Madam Speaker, the Democratic budget strives to build a better 
economy without raising a penny in additional taxes.

                          ____________________




       CONGRESS SHOULD APPROVE THE U.S. TRADE PROMOTION AGREEMENT

  (Mr. HERGER asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. HERGER. Madam Speaker, the U.S.-Colombia Trade Promotion 
Agreement means growth and more jobs for the largest exporter and 
manufacturing nation in the world, the United States. Colombia already 
gets free access to our market. The agreement levels the playing field 
while bolstering the economy of our strongest South American ally.
  Colombia's government has a strong track record of reducing all 
violence, including attacks against union members. As the Washington 
Post editorialized on Monday, a vote for Colombia ``would show Latin 
America that a staunch U.S. ally will be rewarded for improving its 
human rights record and resisting the anti-American populism of 
Venezuela's Hugo Chavez.''
  Madam Speaker, this agreement merits approval by the Congress soon.

                          ____________________




          IRAQ WAR AND THE IMPACT ON OUR TROOPS 5 YEARS LATER

  (Mr. PAYNE asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. PAYNE. Madam Speaker, we have now entered the sixth year of the 
war in Iraq, a war the Bush administration assured us would be short 
and easy. One Bush official famously remarked that the victory in Iraq 
would be a ``cakewalk.'' Sadly, it has been the opposite for our 
troops, who continue to face lengthy and multiple deployments in the 
war.
  Last week, as we mourned the marking of a grim milestone, the death 
of 4,000 American troops in Iraq, we were reminded of the human costs 
of this ill-advised war.
  Military leaders warned that the war is putting enormous stress on 
our troops. We have seen a dramatic increase in suicides and 
depression. Lieutenant General William Caldwell, the Commanding General 
of the U.S. Army Combined Arms Center, said the Army is experiencing a 
shortage of majors and captains, because many who have had one, two and 
three combat tours have made the decision to go back into civilian 
life.
  With 4,000 American lives lost and thousands of young men and women 
suffering serious injuries, we should be looking at a way to end the 
war in Iraq. Instead, the Bush administration continues to support the 
status quo. ``100 years'' is one presidential candidate's latest 
statement.
  We must end the war.

                          ____________________




     ENCOURAGING SUPPORT FOR THE COLOMBIA TRADE PROMOTION AGREEMENT

  (Mr. BRADY of Texas asked and was given permission to address the 
House for 1 minute.)
  Mr. BRADY of Texas. Madam Speaker, what is this Congress thinking? 
Why would we turn our back on Colombia, and then turn our back on 
America's own farmers and manufacturers and small businesses?
  Colombia is one of our strongest allies in our neighborhood, in our 
neighborhood, fighting terrorism, reducing kidnappings, turning down 
violence in a very tough neighborhood. They need and want the support 
of the United States of America, and we are rejecting that support. 
Yet, today, Colombia is able to sell its products and goods into 
America. When we try to do the same for our farmers or our 
manufacturers or our small businesses, we are not allowed to.
  The U.S.-Colombia Free Trade Agreement changes that. It makes sure we 
send the signal to the world that we stand with our allies who stand 
for democracy and rule of law. We are also saying we want two-way 
trade. We want the ability to sell our products overseas.
  This Congress needs to not turn its back on Colombia, and give us an 
up-or-down vote on that trade agreement this year.

                          ____________________




      HONORING MAYOR DOROTHY GEEBEN OF OCEAN BREEZE PARK, FLORIDA

  (Mr. MAHONEY of Florida asked and was given permission to address the 
House for 1 minute.)
  Mr. MAHONEY of Florida. Madam Speaker, I rise today to honor a very 
special American, Mayor Dorothy Geeben, for her incredible service to 
her community and to wish her a very happy 100th birthday.
  Ms. Geeben moved to the town of Ocean Breeze Park, a small community 
on the Indian River, in 1952, and has been a cornerstone of that 
community ever since. In 1960 she joined the Ocean Breeze Town Council, 
serving as its president for 31 years, and in 2001 she became the mayor 
of the town and its 1,000 residents.
  Today, as Mayor Geeben celebrates her 100th birthday, she is also 
recognized as the oldest mayor in America. As mayor, her duties include 
presiding over town council meetings and signing documents. But to the 
residents of her

[[Page 4645]]

village, she is known as a friend to everyone and as the woman who 
always has a smile on her face. Mayor Geeben has seen her small 
community through a lot in the last 40 years, including two major 
hurricanes.
  I am proud to recognize such a vibrant and dedicated woman. On behalf 
of Florida's 16th Congressional District, I would like to express my 
gratitude to Mayor Geeben for her many years of service to our 
community, and to wish her another happy 100 years.

                          ____________________




                    CONGRESS MUST BALANCE THE BUDGET

  (Mr. CULBERSON asked and was given permission to address the House 
for 1 minute and to revise and extend his remarks.)
  Mr. CULBERSON. Madam Speaker, in our personal lives, when we have our 
credit cards topped out, when we have a second mortgage on the home, we 
quit spending money. We balance our own personal budget and we focus on 
the essentials. And this Congress needs to do the same thing. But, 
unfortunately, the Obama-Clinton-Pelosi Democratic leadership of the 
Congress is driving America's economy right over the cliff, like Thelma 
and Louise, spending money and raising taxes.
  The Comptroller of the United States has certified that we are in a 
$54 trillion hole; that in order to pay that off, every American would 
have to write a check for $175,000. This is outrageous. It is 
unsupportable.
  We need to adopt Frank Wolf's legislation with Mr. Cooper, making 
sure that Social Security is solvent, that we balance the Federal 
budget as rapidly as possible. Above all, this Congress has got to quit 
spending money on unnecessary things, focus on the bare essentials and 
quit raising taxes on the American people. Above all, let's not shift 
all of that liability that is now apparent on Wall Street, this $1 
trillion writeoff that the banks are attempting to shift on to the 
United States Treasury. We cannot do it. We have got to quit spending 
money and balance the budget.

                          ____________________




                              {time}  1230
  ADMINISTRATION EFFORTS IN HOUSING AND SUBPRIME MORTGAGE CRISIS TOO 
                          LITTLE AND TOO LATE

  (Mr. PALLONE asked and was given permission to address the House for 
1 minute.)
  Mr. PALLONE. Madam Speaker, last Friday President Bush traveled to my 
home county in New Jersey to encourage residents to seek free credit 
counseling if they faced the threat of losing their homes. And while 
the credit counseling is good advice, the President's actions were 
simply too little and too late.
  For months, the President has known that the housing and subprime 
mortgage crisis could force more than 2 million people to lose their 
homes over the next 5 years. Until yesterday, the President was 
unwilling to address this crisis in any way. And that is nothing new. 
For 7 years now, the Bush administration has taken a hands-off approach 
to Wall Street, allowing the corporations responsible for much of this 
mortgage crisis to work under the radar without any government 
oversight or regulation. Finally, the administration recognized 
yesterday that the President's credit counseling advice was not going 
to be enough. Treasury Secretary Paulson announced a proposal that 
finally calls for the regulation of these financial institutes. But, 
again, this is too little and too late.
  Madam Speaker, this House has already acted and will continue to pass 
legislation that will help homeowners today, and I would hope the 
President would support our efforts.

                          ____________________




                                  FISA

  (Mr. GOHMERT asked and was given permission to address the House for 
1 minute.)
  Mr. GOHMERT. Madam Speaker, some of our Democratic leaders say they 
just cannot agree to give immunity to the telecommunication companies 
for helping after 9/11. Perhaps the reluctance comes from massive 
contributions from law firms suing these patriotic companies.
  Back in the days immediately after 
9/11, we didn't know who all was involved in the most violent attack on 
U.S. soil. We didn't know if another attack was coming the next day or 
where or who would strike next. In that context, the telecommunications 
companies were asked to help their country, and they responded. Just as 
we had men and women respond all over this country to the Nation's call 
to help fight the forces of evil, these companies responded by helping, 
and now many in the majority are letting them be shot by friendly fire. 
These companies heard the cry for help from our Nation and responded, 
yet some in this body want to hang them out to dry on a firing line as 
targets for some of their biggest contributors. Let's pass FISA, with 
immunity from friendly fire.

                          ____________________




                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 later.

                          ____________________




                  GEORGIA AND UKRAINE NATO MEMBERSHIP

  Mr. BERMAN. Madam Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 997) expressing the strong support of the House 
of Representatives for the North Atlantic Treaty Organization to enter 
into a Membership Action Plan with Georgia and Ukraine, as amended.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 997

       Whereas the sustained commitment of the North Atlantic 
     Treaty Organization (NATO) to mutual defense has made 
     possible the democratic transformation of Central and Eastern 
     Europe and Eurasia;
       Whereas NATO members can and should play a critical role in 
     addressing the security challenges of the post-Cold War era 
     in creating the stable environment needed for emerging 
     democracies in Europe and Eurasia;
       Whereas lasting stability and security in Europe and 
     Eurasia require the military, economic, and political 
     integration of emerging democracies into existing European 
     structures;
       Whereas, in an era of threats from terrorism and the 
     proliferation of weapons of mass destruction, NATO is 
     increasingly contributing to security in the face of global 
     security challenges for the protection and interests of its 
     member States;
       Whereas the Government of Georgia and the Government of 
     Ukraine have each expressed a desire to join the Euro-
     Atlantic community, and Georgia and Ukraine are working 
     closely with NATO and its members to meet criteria for 
     eventual NATO membership;
       Whereas, at the NATO-Ukraine Commission Foreign Ministerial 
     meeting in Vilnius in April 2005, NATO and Ukraine launched 
     an Intensified Dialogue on membership between the Alliance 
     and Ukraine;
       Whereas, following a meeting of NATO Foreign Ministers in 
     New York on September 21, 2006, NATO Secretary General Jaap 
     de Hoop Scheffer announced the launching of an Intensified 
     Dialogue on membership between NATO and Georgia;
       Whereas the Riga Summit Declaration, issued by the heads of 
     state and government participating in the meeting of the 
     North Atlantic Council in November 2006, reaffirms that 
     NATO's door remains open to new members and that NATO will 
     continue to review the process for new membership, stating 
     ``We reaffirm that the Alliance will continue with Georgia 
     and Ukraine its Intensified Dialogues which cover the full 
     range of political, military, financial, and security issues 
     relating to those countries' aspirations to membership, 
     without prejudice to any eventual Alliance decision. We 
     reaffirm the importance of the NATO-Ukraine Distinctive 
     Partnership, which has its 10th anniversary next year and 
     welcome the progress that has been made in the framework of 
     our Intensified Dialogue. We appreciate Ukraine's substantial 
     contributions to our common security, including through 
     participation in NATO-led operations and efforts to promote 
     regional cooperation. We encourage Ukraine to continue to 
     contribute to regional security. We are determined to 
     continue to assist, through practical cooperation, in the

[[Page 4646]]

     implementation of far-reaching reform efforts, notably in the 
     fields of national security, defense, reform of the defense-
     industrial sector and fighting corruption. We welcome the 
     commencement of an Intensified Dialogue with Georgia as well 
     as Georgia's contribution to international peacekeeping and 
     security operations. We will continue to engage actively with 
     Georgia in support of its reform process. We encourage 
     Georgia to continue progress on political, economic and 
     military reforms, including strengthening judicial reform, as 
     well as the peaceful resolution of outstanding conflicts on 
     its territory. We reaffirm that it is of great importance 
     that all parties in the region should engage constructively 
     to promote regional peace and stability.'';
       Whereas, in January 2008, Ukraine forwarded to NATO 
     Secretary General Jaap de Hoop Scheffer a letter, signed by 
     President Victor Yushchenko, Prime Minister Yulia Tymoshenko, 
     and Verkhovna Rada Speaker Arseniy Yatsenyuk, requesting that 
     NATO integrate Ukraine into the Membership Action Plan;
       Whereas, in January 2008, Georgia held a referendum on NATO 
     and 76.22 percent of the votes supported membership;
       Whereas in February 2008, Georgia forwarded a letter signed 
     by President Mikhail Saakashvili to NATO Secretary General 
     Jaap de Hoop Scheffer requesting that NATO integrate Georgia 
     into the Membership Action Plan;
       Whereas participation in a Membership Action Plan does not 
     guarantee future membership in the NATO Alliance;
       Whereas United States support for the approval of 
     Membership Action Plans for Georgia and Ukraine demonstrates 
     support for the development of democratic institutions in 
     those countries, the process of defense reform and respect 
     for human rights, and does not represent a hostile attempt to 
     expand the Alliance at the expense of the security of any 
     country; and
       Whereas NATO membership requires significant national and 
     international commitments and sacrifices and is not possible 
     without the support of the populations of the NATO member 
     states: Now, therefore, be it
       Resolved, That it is the sense of the House of 
     Representatives that--
       (1) the House of Representatives--
       (A) reaffirms its previous expressions of support for 
     continued enlargement of the North Atlantic Treaty 
     Organization (NATO) to include qualified candidates; and
       (B) supports the commitment to further enlargement of NATO 
     to include democratic governments that are able and willing 
     to meet the responsibilities of membership;
       (2) the expansion of NATO contributes to NATO's continued 
     effectiveness and relevance;
       (3) Georgia and Ukraine are strong allies that have made 
     important progress in the areas of defense, democratic, and 
     human rights reform;
       (4) a stronger, deeper relationship among the Government of 
     Georgia, the Government of Ukraine, and NATO will be mutually 
     beneficial to those countries and to NATO member states; and
       (5) the United States should take the lead in supporting 
     the awarding of a Membership Action Plan to Georgia and 
     Ukraine as soon as possible.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Berman) and the gentlewoman from Florida (Ms. Ros-
Lehtinen) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. BERMAN. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. BERMAN. Madam Speaker, I rise in strong support of this 
resolution, and yield myself such time as I may consume.
  I am pleased to support this resolution that expresses the House's 
backing for the North Atlantic Treaty Organization to enter into a 
Membership Action Plan with Ukraine and Georgia at the NATO summit 
later this week. This resolution was originally introduced as Senate 
Resolution 439 by Senators Biden and Lugar, and was passed unanimously 
on February 14.
  I am grateful to my distinguished colleagues on the European 
Subcommittee, Chairman Wexler and Ranking Member Gallegly, for enabling 
the House to add its voice to the growing consensus in favor of 
extending MAP to two of our key allies, and particularly to Congressman 
Wexler, who, without his prodding, this resolution might not have 
appeared on the floor at this particular time.
  From April 2 to April 4, heads of state or governments from the 26 
member countries of NATO will gather in Bucharest for the largest 
summit ever. Indeed, NATO has more than doubled in size since its 
founding by 12 states in 1949. The seven post-Communist countries that 
became members 3 years ago are now making significant contributions to 
the work of the Alliance.
  In addition to the crucial discussions about the future of NATO 
operations in Kosovo and Afghanistan, the Bucharest summit will address 
further enlargement of the Alliance. Decisions on full membership will 
be made about three Adriatic countries, Albania, Croatia, and 
Macedonia. Judgments will also be made about the extension of 
Membership Action Plans to Ukraine and Georgia. This resolution 
reaffirms that this is the right decision at the right time.
  It is important to note that Ukraine and Georgia both have taken the 
initiative of formally asking the NATO Secretary General for 
integration into the Membership Action Plan. Both countries have made 
considerable political, economic, legal, and defense reforms in the two 
decades since the collapse of the Soviet Union. Ukraine and Georgia 
have also been active participants in international efforts to preserve 
peace and stability, contributing to numerous peacekeeping missions 
around the world. Their continued democratic development and military 
initiative should be supported.
  While it is true that Ukraine and Georgia experienced domestic 
political crisis last year that raised some doubts about their 
readiness for MAP, it is equally true that both countries firmly 
maintained their commitment to pursuing a democratic path and 
strengthening their political institutions. We must continue to 
encourage them in this vitally important journey.
  Secondly, it is important to recognize that MAP does not confer NATO 
membership. Rather, it provides a structured reform program that offers 
support in a broad range of political and technical areas in order to 
prepare applicant countries for the responsibilities of membership.
  It is clear that both countries must complete significant reforms 
before they can be considered for membership. They, like all countries 
who have joined the Alliance before them, must be judged to have met 
all necessary criteria. Even then, all member countries must 
unanimously support their accession.
  In closing, I would like to briefly address the concern about the 
potential reaction of Russia to the extension of MAP to Georgia and 
Ukraine. While NATO was originally established as a military alliance 
to counter potential aggression by the Soviet Union, it now deals with 
a variety of security threats in Kosovo, Afghanistan, and elsewhere. 
The Alliance is clearly no longer aimed at Russia. In 1997, NATO and 
Russia agreed to work together to build a stable, secure, and undivided 
continent. This partnership was strengthened in 2002, with the creation 
of the NATO-Russia Council as a vehicle to facilitate joint action. 
Indeed, President Putin is expected to participate in this week's 
summit.
  While the Alliance is right to be cognizant of the geopolitical 
impact of its actions, it should focus its assessment about the 
extension of MAP on the merits of the countries concerned. The U.S. and 
our allies should continue to nurture and strengthen their 
relationships with Russia. No one, President Putin nor anyone in 
Russia, should have a veto power over potential NATO applicants.
  Madam Speaker, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Madam Speaker, I yield myself such time as I may 
consume.
  I rise today in support of House Resolution 997, which expresses the 
strong support of the House of Representatives for the NATO Alliance 
decision to enter into a Membership Action Plan, or MAP, with the 
countries of Georgia and Ukraine.
  NATO has expanded its membership and its partnerships across Europe 
in recent years, making the Alliance not just stronger but an 
instrument for spreading democratic values.
  The MAP process was created in 1999 to help those countries aspiring 
to join

[[Page 4647]]

NATO to prepare to become members by providing guidance and practical 
support. The decision to admit a country into the MAP process is a 
serious one, exceeded only by the decision to admit a country into the 
Alliance. Countries need to demonstrate that they are sincerely 
consolidating their democracy, that they are willing to take on the 
requirements of the MAP process, and that they are willing to 
participate in missions that go beyond their own borders and direct 
interests.
  Looking at Georgia and Ukraine, Madam Speaker, we recognize that 
these two countries have made important progress in introducing the 
systems and the institutions that support democracy. Democratic changes 
in these two countries have certainly not been easy, and at times the 
progress of democracy has been confused and uncertain.
  Under very difficult circumstances and in the midst of wrenching 
changing times since they gained their independence, both Ukraine and 
Georgia have moved ahead with their political reforms, with their 
democratic institutions of governance, and the conduct of elections. 
The steps taken by these two countries compare favorably with trends in 
several nearby states, such as Russia, where true democracy is being 
steadily and comprehensively suppressed.
  Both Georgia and Ukraine have also made great strides in the reform 
of their defense forces and in the commitment of their forces to 
peacekeeping and multilateral missions in other regions. Georgia is 
currently participating in NATO's Partnership For Peace program, and 
has successfully graduated from the Georgia Train and Equip program in 
2004, after achieving its goals of enhancing its military capabilities 
and implementing military reforms. Georgia currently has 2,000 troops 
in Iraq, making it the third largest contributor after the United 
States and Britain. Furthermore, Georgia has troops in Kosovo, and has 
signed a transit agreement with NATO which allows the Alliance, as well 
as other nations participating in the International Security Assistance 
Force, to send supplies to their forces in Afghanistan through Georgian 
territory. Moreover, yesterday a Georgian defense ministry source said 
that Georgia is offering to send 500 troops to join NATO operations in 
Afghanistan.
  Ukraine is also a member of the Partnership for Peace program, and 
currently has troops in Kosovo. Additionally, Ukraine has significantly 
contributed to multiple U.N. peacekeeping operations, including those 
in Liberia and Sierra Leone, as well as Bosnia and Herzegovina.
  A stronger relationship with NATO should enable Ukraine and Georgia 
to move forward with their military reforms, prepare to commit to 
future peacekeeping and stability operations, and, more importantly, 
Madam Speaker, to consolidate the democracy that they are both seeking.
  We understand that access to NATO's Membership Access Plan is not 
NATO's membership. If Ukraine and Georgia become part of MAP and seek 
NATO membership in the future, their candidacy will have to be 
carefully evaluated to make sure that they fully meet NATO's standards 
and will benefit the Alliance should they become full members. NATO 
membership for these two countries is not an immediate prospect and is 
a question that will wait for future consideration.
  I note with regret, however, the recent predictable statements by 
officials of the Russian government alleging that NATO is seeking to 
surround Russia. They have rattled the nuclear saber to some degree, 
hoping, I suspect, to intimidate Ukraine in the process. I can only 
contrast such attitudes and statements with the very laudable step that 
Ukraine took in 1994, when it relinquished the powerful nuclear arsenal 
it had inherited from the Soviet Union for the sake of stability in 
Europe.
  The steps taken by Georgia to support the U.S. and NATO, again in the 
face of terrific and unwarranted pressure from Russia, also deserve our 
commendation and our gratitude. The resolution before us, Madam 
Speaker, makes it clear that the United States should take a leading 
role in supporting these two countries' interests in the Membership 
Action Plan.
  Madam Speaker, I reserve the balance of my time.
  Mr. BERMAN. Madam Speaker, I am pleased to yield 4 minutes to the 
chairman of the European Subcommittee, one of the two key authors of 
the resolution, the gentleman from Florida (Mr. Wexler).
  Mr. WEXLER. Madam Speaker, I rise in strong support of H. Res. 997, 
urging NATO to provide a Membership Action Plan to Ukraine and Georgia 
at the NATO summit in Bucharest which begins tomorrow. I want to 
especially thank Chairman Berman for his extraordinary leadership in 
moving this resolution forward, as well as his very thoughtful remarks 
in announcing his support for this resolution. I also want to thank my 
colleague and ranking member on the Europe Subcommittee, Congressman 
Gallegly, as well as Congresswoman Schwartz, who joined us in 
introducing H. Res. 997.

                              {time}  1245

  Madam Speaker, it is clear that NATO is at a crossroads given that 
important decisions are being made about further enlargement, Kosovo 
and renewed Balkans instability, and mounting difficulties in 
Afghanistan.
  While tomorrow's summit will undoubtedly focus on these pressing 
issues, it is also a golden opportunity for the alliance to take steps 
forward to bolster transatlantic security and further entrench 
democracy, freedom, and the rule of law throughout Europe.
  I believe it is in both America's and Europe's interest to further 
integrate Georgia and Ukraine into the West. Tblisi and Kiev have 
demonstrated their commitment to joining the United States and our 
allies in addressing security challenges from the Balkans to Iraq and 
to rebuilding Afghanistan.
  As we debate this resolution, it is important to remember that the 
goal of NATO enlargement since the mid-1990s has been to achieve a 
broader, more secure Europe. Providing a membership action plan for 
Ukraine and Georgia would further consolidate democracy and stability 
in eastern Europe and the Caucuses region; and, is essential to 
fulfilling NATO's 1997 ``open door'' policy that ensures that any 
European nation that meets alliance standards and can contribute to 
Euro-Atlantic security be considered for membership.
  Georgia and Ukraine have much to accomplish before they can be 
offered NATO membership. Since the MAP process will further require 
democratic and security reforms in Kiev and Tblisi, it is crucial for 
the Ukrainian and Georgian governments to know that their efforts and 
aspirations are supported by this Congress as well as all NATO members.
  Madam Speaker, I was in Kiev just last month, and there was an 
extraordinary development in Kiev with the president, prime minister 
and speaker of their parliament all formally asking for the NATO 
membership action plan. It is an extraordinary statement of unity, and 
it is incredibly important that this House go on record in support of 
those pro-democratic politicians and officeholders in Kiev as well as 
in Georgia.
  To that end, I urge my colleagues to support H. Res. 997, and send a 
strong message to our NATO allies on the eve of the Bucharest Summit. 
And I thank Chairman Berman for his extraordinary leadership in this 
regard.
  Ms. ROS-LEHTINEN. Madam Speaker, I yield such time as he may consume 
to the gentleman from California (Mr. Gallegly), the ranking member of 
the Subcommittee on Europe and an original cosponsor of the resolution 
before us.
  Mr. GALLEGLY. Madam Speaker, first of all, I would like to thank 
Chairman Wexler and Chairman Berman for their kind words in their 
opening statements. I stand here today to rise in strong support of 
House Resolution 997 which reaffirms the support of the House of 
Representatives for NATO enlargement.
  The resolution also specifically calls on the United States to take 
the lead in supporting closer integration between Ukraine, Georgia and 
NATO. I

[[Page 4648]]

would like to commend Representative Wexler, as I mentioned earlier, 
the chairman of the Europe Subcommittee, for introducing this measure 
and for being a strong, consistent advocate for strengthening our 
bilateral ties with Ukraine and Georgia.
  Both of these allies have demonstrated the military capabilities and 
political reforms required to provide concrete benefits to the 
alliance. In the past several years, Ukrainian forces have participated 
with NATO troops in peacekeeping operations in the Balkans and 
Afghanistan. They have also made important contributions to coalition 
forces in Iraq in 2004 and 2005.
  Georgia has also shown they are ready to take the next step toward 
NATO membership. Georgia has undertaken a top-to-bottom reform of their 
military forces, often working closely with U.S. forces in this effort.
  As previously mentioned by Representative Ros-Lehtinen, with over 
2000 troops in Iraq, Georgia today has the third largest troop 
contingent in that country after the U.S. and Britain.
  Madam Speaker, both Ukraine and Georgia are ready, willing and able 
to integrate more fully with NATO. Again, I would like to recognize 
Representative Wexler for his hard work on H. Res. 997 on behalf of a 
stronger NATO, and I urge passage of this resolution.
  Mr. BERMAN. Madam Speaker, I yield 4 minutes to the gentlewoman from 
Pennsylvania (Ms. Schwartz).
  Ms. SCHWARTZ. Madam Speaker, I rise as co-chair of the Congressional 
Georgia Caucus, and I rise in favor of House Resolution 997 which 
expresses support for extending NATO membership action plan status to 
Georgia and Ukraine.
  I do thank Chairman Berman and Congressman Wexler for their 
leadership in this bipartisan effort to support Georgia and Ukraine in 
their entrance into NATO.
  As leading democratic reformers in Eastern Europe, Ukraine and 
Georgia are both worthy of advancing their participation in NATO from 
``intensified dialogue'' to membership action plan, MAP, status during 
the Bucharest Summit. This is an important and timely next step toward 
the goal of becoming full members of NATO.
  Both of these nations are keenly interested in joining NATO and 
working closely with Western allies. They have already demonstrated 
this by actively participating in both U.S. and NATO forces. More than 
2,000 Georgian soldiers currently serve alongside U.S. military 
personnel in Iraq, making it the third largest coalition partner. And 
Ukraine is the only nonmember state taking an active role in all of 
NATO's peacekeeping and anti-terrorist operations.
  As a member of the House Democracy Assistance Commission, I had the 
great pleasure and opportunity to meet both Georgian President Mikheil 
Saakashvili and Ukrainian President Yushchenko in their home capitals. 
Their commitment to democratization in their respective nations is 
impressive, and is an important example for other emerging democracies 
around the world.
  Certainly both nations have work to do to stabilize and ensure 
development of permanent democratic institutions. Yet, as recently 
established democracies changing a history of totalitarian rule, they 
are making enormous strides. They are ready to be granted MAP and be 
given the opportunity to work toward full NATO membership.
  In a world with real threats against us, it is critically important 
that we strengthen relationships with those nations that choose to be 
our allies. Georgia and Ukraine are key allies in an important region 
of the world. We should stand with our friends. We should stand with 
Georgia and Ukraine, and we should pass this resolution today.
  Mrs. MILLER of Michigan. Madam Speaker, I rise today to offer my 
wholehearted support of Ukraine's desire to be admitted as a member of 
NATO.
  When Ukraine declared her independence in 1990 from the Soviet Union, 
she stated her desire to be a member of the community of free nations.
  As this young democracy matures, it is incumbent upon the nation 
members of NATO to not only support their development, but ally with 
them to ensure the commitment to freedom.
  The United States has enjoyed a strong relationship with the Ukraine 
and it is my hope that this relationship grows even stronger with time 
as both of our countries work to improve stability around the world.
  It is regrettable that the objections seem to come from the very 
country that once held the Ukraine under their absolute control. In my 
opinion the objections of Russia are not sufficient to deny NATO 
membership for Ukraine.
  As someone who represents a great many citizens of Ukrainian descent 
I understand well the desire of the Ukrainian people for freedom.
  America has always answered the call to support and defend those who 
yearn to be free and it is time to answer the call of Ukraine.
  I urge my colleagues to support this resolution.
  Mr. PAUL. Madam Speaker, I rise in opposition to this resolution 
calling for the further expansion of NATO to the borders of Russia. 
NATO is an organization whose purpose ended with the end of its Warsaw 
Pact adversary. When NATO struggled to define its future after the cold 
war, it settled on attacking a sovereign state, Yugoslavia, which had 
neither invaded nor threatened any NATO member state.
  This current round of NATO expansion is a political reward to 
governments in Georgia and Ukraine that came to power as a result of 
U.S.-supported revolutions, the so-called Orange Revolution and Rose 
Revolution. The governments that arose from these street protests were 
eager to please their U.S. sponsor and the U.S., in turn, turned a 
blind eye to the numerous political and human rights abuses that took 
place under the new regimes. Thus the U.S. policy of ``exporting 
democracy'' has only succeeded in exporting more misery to the 
countries it has targeted.
  NATO expansion only benefits the U.S. military industrial complex, 
which stands to profit from expanded arms sales to new NATO members. 
The ``modernization'' of former Soviet militaries in Ukraine and 
Georgia will mean tens of millions in sales to U.S. and European 
military contractors. The U.S. taxpayer will be left holding the bill, 
as the U.S. Government will subsidize most of the transactions. 
Providing U.S. military guarantees to Ukraine and Georgia can only 
further strain our military. This NATO expansion may well involve the 
U.S. military in conflicts as unrelated to our national interest as the 
breakaway regions of South Ossetia and Abkhazia in Georgia. The idea 
that American troops might be forced to fight and die to prevent a 
small section of Georgia from seceding is absurd and disturbing.
  Madam Speaker, NATO should be disbanded, not expanded.
  Mr. PRICE of North Carolina. Madam Speaker, I rise in strong support 
of House Resolution 997, which expresses our support for bids by 
Ukraine and Georgia to attain Membership Action Plans for joining the 
North Atlantic Treaty Organization, NATO. I am proud to be a cosponsor 
of this resolution.
  Ukraine and Georgia are both perched on the fulcrum of democracy, 
with their future on balance. On one side of the balance lies a future 
marked by integration with NATO and Europe, continuing progress toward 
the establishment of stable democracy, security, and prosperity.
  Each nation faces its own challenges on the other side of the 
balance. Ukraine confronts persistent threats to its fragile democracy, 
a rancorous division between its eastern and western regions, and 
difficult economic challenges. Georgia's democracy is also threatened, 
both by separatist movements in Abkhazia and Ossetia and by the lack of 
effective opposition in government. Its economy is undermined by severe 
unemployment.
  This week's NATO summit in Bucharest will determine, at least in the 
near-term, in which direction the balance will tilt. NATO membership 
will bring with it economic, political, and military integration with 
Europe, helping to solidify democratic institutions, expand each 
nation's economy, and strengthen security. A Membership Action Plan is 
not equivalent to NATO membership and should not be conflated with NATO 
membership, but it is certainly a crucial step toward this goal. To 
reject the bids by Ukraine and Georgia for Membership Action Plans 
would be to deal democracy a significant setback.
  As NATO nations gather to pass judgment on these bids, hovering over 
the summit is a specter in the form of an increasingly antagonistic 
Russia. Fear of further deterioration in relations with Russia no doubt 
shapes the hesitation of some of our European allies in proceeding with 
these Membership Action Plans.

[[Page 4649]]

  Russia must understand that NATO membership does not cast a choice 
between Europe and Russia. Rather, the choice is between political and 
economic integration and isolation. Russia must also realize that 
seeking NATO membership is not a path foisted upon nations by NATO 
itself, but rather one sought freely and enthusiastically by 
prospective member nations. Finally, our European allies must persevere 
in the principle that decisions must be made in the best interests of 
our alliance, never allowing any nation to hold a veto on our 
collective security and shared values.
  As many of my other colleagues have stated, both Ukraine and Georgia 
have already demonstrated their worth to NATO with contributions to 
NATO efforts in Afghanistan, Kosovo, and elsewhere. There is no doubt 
that the alliance would benefit from their inclusion in this 
multilateral security architecture that will be essential for 
confronting numerous major security challenges in the 2151 century. 
Setting Ukraine and Georgia on a path toward NATO membership is not 
only vital to their future, it is vital to ours as well.
  I urge my colleagues to support this resolution.
  Mr. ROYCE. Madam Speaker, I'd like to express reservations about H. 
Res. 997.
  NATO expansion is not a casual affair. We're talking about adding 
countries whose security we're committing American lives and treasure 
to defend. While this resolution only endorses the beginning of a 
membership process, it sets the stage for expanding vital American 
security concerns. At a time when some Americans are questioning our 
growing security commitments around the globe, should we be moving to 
ensure Ukraine and Georgia's security?
  We must be realistic about the state of NATO. The organization is not 
well. In Afghanistan, most NATO member states haven't answered the 
call, choosing not to provide troops or to provide troops only for very 
limited missions. One observer noted that, ``The inability or 
unwillingness of certain nations to shoulder the burden of NATO's 
obligation in Afghanistan is ripping the heart out of the alliance . . 
.'' I'm not convinced that adding new members, each with diverse 
interests, aids in rebuilding NATO's consensus. Expansion doesn't 
always mean strengthening.
  Sure, these countries have committed troops in dangerous areas, for 
which they should be commended. But a hard headed analysis must ask 
whether those commitments would be maintained once NATO membership was 
achieved?
  Expansion is divisive among some of the longest-standing NATO 
members. This week in Bucharest, Germany has objected to the process 
this resolution endorses, effectively stopping it. Chancellor Merkel's 
government cited concerns over political unrest in Georgia, and the 
lack of support for joining NATO among Ukrainians. Others ask, rightly, 
``What's the rush?''
  First and foremost, we should ask ``What's in our national security 
interest?'' Secondarily, we should ask ``What's in the best interest of 
NATO?'' I am not convinced that expanding NATO to these two countries 
advances those causes. That's why I reluctantly oppose this resolution 
backed by my colleagues and friends.
  Mr. DREIER. Madam Speaker, I rise in strong support of this 
resolution, which expresses the sense of Congress that Ukraine and 
Georgia should enter the NATO Membership Action Plan (MAP) as soon as 
possible. I visited Ukraine just two weeks ago, and the visit was an 
opportunity to witness the country at a unique time. Many will say that 
it is a country divided, but I believe it is simply a country 
experiencing the growing pains of blossoming democracy. The process has 
often been ugly and chaotic--like democracy itself. But Ukrainians are 
committed to democracy and to a place in Europe. They want a modern 
country that plays a constructive role in the international community.
  But while they are universally committed to achieving a place in 
Europe, the Ukrainian people are still deeply ambivalent on the issue 
of NATO because they have not yet had the opportunity for an open 
discussion, or education on the matter free from propaganda. The issue 
has successfully been cast by its detractors as one of antagonism 
toward the East. This is, of course, utterly false.
  The MAP process is critical because it presents an opportunity to 
allow all factions of Ukrainian society to get a complete picture of 
what NATO membership means. Of course Ukraine should not join NATO 
until the country stands as one on the issue. But it will never reach 
consensus without education and honest debate. That's what MAP is all 
about, and why it is so important for Ukraine to begin that process at 
the upcoming NATO summit in Bucharest, Romania.
  We all want to see Ukraine in NATO one day. We want to see Ukraine 
solidify its democratic tradition, strengthen its institutions, 
modernize its defense systems, grow its economy and play an important 
and constructive role in both the West and the East. The name 
``Ukraine'' itself means ``borderland.'' It has the opportunity to be a 
bridge between Europe and Asia, and NATO can only be strengthened by 
such a key player. But NATO membership cannot be undertaken 
prematurely, and the time will never be right without the work that is 
done via the MAP process.
  Georgia still has a long way to go as well before it is ready for 
NATO membership. But its people are committed to beginning down this 
path, and we should not deny them the opportunity to formally begin the 
process at Bucharest. Like Ukraine, Georgia experienced a democratic 
``color'' revolution, and has since had to deal with the great 
challenges of implementing the goals and ideals of that revolution. 
They have also experienced growing pains, and have learned that the 
day-to-day work of building a democracy is not easy. But the Georgian 
people remain utterly committed to this work. They are working to 
ensure that critical institutions, including defense and security 
institutions, are strong, transparent and democratically governed.
  Both Georgia and Ukraine must solidify their gains and begin the MAP 
process. The road to NATO membership is often long and challenging, and 
no one would benefit--not the U.S., not NATO, nor the region--from 
delaying the start of this process.
  Ms. ROS-LEHTINEN. Madam Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. BERMAN. 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 California (Mr. Berman) that the House suspend the rules 
and agree to the resolution, H. Res. 997, 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.

                          ____________________




  EXPRESSING SENSE OF HOUSE REGARDING CREATION OF REFUGEE POPULATIONS

  Mr. BERMAN. Madam Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 185) expressing the sense of the House of 
Representatives regarding the creation of refugee populations in the 
Middle East, North Africa, and the Persian Gulf region as a result of 
human rights violations, as amended.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 185

       Whereas armed conflicts in the Middle East have created 
     refugee populations numbering in the millions and comprised 
     of peoples from many ethnic, religious, and national 
     backgrounds;
       Whereas Jews have lived mostly as a minority in the Middle 
     East, North Africa, and the Persian Gulf region for more than 
     2,500 years;
       Whereas the United States has long voiced its concern about 
     the mistreatment of minorities and the violation of human 
     rights in the Middle East and elsewhere;
       Whereas the United States continues to play a pivotal role 
     in seeking an end to the Arab-Israeli conflict in the Middle 
     East and to promoting a peace that will benefit all the 
     peoples of the region;
       Whereas United States administrations historically have 
     called for a just solution to the Palestinian refugee 
     problem;
       Whereas the Palestinian refugee issue has received 
     considerable attention from countries of the world while the 
     issue of Jewish refugees from the Arab and Muslim worlds has 
     received very little attention;
       Whereas a comprehensive peace in the region will require 
     the resolution of all outstanding issues through bilateral 
     and multilateral negotiations involving all concerned 
     parties;
       Whereas approximately 850,000 Jews have been displaced from 
     Arab countries since the declaration of the State of Israel 
     in 1948;
       Whereas the United States has demonstrated interest and 
     concern about the mistreatment, violation of rights, forced 
     expulsion, and expropriation of assets of minority 
     populations in general, and in particular, former Jewish 
     refugees displaced from Arab countries as evidenced, inter 
     alia, by--
       (1) the Memorandum of Understanding signed by President 
     Jimmy Carter and

[[Page 4650]]

     Israeli Foreign Minister Moshe Dayan on October 4, 1977, 
     which states that ``[a] solution of the problem of Arab 
     refugees and Jewish refugees will be discussed in accordance 
     with rules which should be agreed'';
       (2) after negotiating the Camp David Accords, the Framework 
     for Peace in the Middle East, the statement by President 
     Jimmy Carter in a press conference on October 27, 1977, that 
     ``Palestinians have rights . . . obviously there are Jewish 
     refugees . . . they have the same rights as others do''; and
       (3) in an interview after Camp David II in July 2000, at 
     which the issue of Jewish refugees displaced from Arab lands 
     was discussed, the statement by President Clinton that 
     ``There will have to be some sort of international fund set 
     up for the refugees. There is, I think, some interest, 
     interestingly enough, on both sides, in also having a fund 
     which compensates the Israelis who were made refugees by the 
     war, which occurred after the birth of the State of Israel. 
     Israel is full of people, Jewish people, who lived in 
     predominantly Arab countries who came to Israel because they 
     were made refugees in their own land.'';
       Whereas the international definition of a refugee clearly 
     applies to Jews who fled the persecution of Arab regimes, 
     where a refugee is a person who ``owing to a well-founded 
     fear of being persecuted for reasons of race, religion, 
     nationality, membership of a particular social group, or 
     political opinion, is outside the country of his nationality, 
     and is unable to or, owing to such fear, is unwilling to 
     avail himself of the protection of that country'' (the 1951 
     Convention relating to the Status of Refugees);
       Whereas on January 29, 1957, the United Nations High 
     Commissioner for Refugees (UNHCR), determined that Jews 
     fleeing from Arab countries were refugees that fell within 
     the mandate of the UNHCR;
       Whereas United Nations Security Council Resolution 242 of 
     November 22, 1967, calls for a ``just settlement of the 
     refugee problem'' without distinction between Palestinian and 
     Jewish refugees, and this is evidenced by--
       (1) the Soviet Union's United Nations delegation attempt to 
     restrict the ``just settlement'' mentioned in Resolution 242 
     solely to Palestinian refugees (S/8236, discussed by the 
     Security Council at its 1382nd meeting of November 22, 1967, 
     notably at paragraph 117, in the words of Ambassador 
     Kouznetsov of the Soviet Union), but this attempt failed, 
     signifying the international community's intention of having 
     the resolution address the rights of all Middle East 
     refugees; and
       (2) a statement by Justice Arthur Goldberg, the United 
     States' Chief Delegate to the United Nations at that time, 
     who was instrumental in drafting the unanimously adopted 
     Resolution 242, where he has pointed out that ``The 
     resolution addresses the objective of `achieving a just 
     settlement of the refugee problem'. This language presumably 
     refers both to Arab and Jewish refugees, for about an equal 
     number of each abandoned their homes as a result of the 
     several wars.'';
       Whereas in his opening remarks before the January 28, 1992, 
     organizational meeting for multilateral negotiations on the 
     Middle East in Moscow, United States Secretary of State James 
     Baker made no distinction between Palestinian refugees and 
     Jewish refugees in articulating the mission of the Refugee 
     Working Group, stating that ``[t]he refugee group will 
     consider practical ways of improving the lot of people 
     throughout the region who have been displaced from their 
     homes'';
       Whereas the Roadmap to a Permanent Two-State Solution to 
     the Israeli-Palestinian Conflict, which refers in Phase III 
     to an ``agreed, just, fair, and realistic solution to the 
     refugee issue,'' uses language that is equally applicable to 
     all persons displaced as a result of the conflict in the 
     Middle East;
       Whereas Israel's agreements with Egypt, Jordan, and the 
     Palestinians have affirmed that a comprehensive solution to 
     the Arab-Israeli conflict will require a just solution to the 
     plight of all ``refugees'';
       Whereas the initiative to secure rights and redress for 
     Jews who were forced to flee Arab countries does not conflict 
     with the right of Palestinian refugees to claim redress;
       Whereas all countries should be aware of the plight of Jews 
     and other minority groups displaced from countries in the 
     Middle East, North Africa, and the Persian Gulf;
       Whereas an international campaign is proceeding in some 40 
     countries to record the history and legacy of Jewish refugees 
     from Arab countries;
       Whereas a just, comprehensive Arab-Israeli peace cannot be 
     reached without addressing the uprooting of centuries-old 
     Jewish communities in the Middle East, North Africa, and the 
     Persian Gulf; and
       Whereas it would be inappropriate and unjust for the United 
     States to recognize rights for Palestinian refugees without 
     recognizing equal rights for Jewish refugees from Arab 
     countries: Now, therefore, be it
       Resolved, That--
       (1) for any comprehensive Middle East peace agreement to be 
     credible and enduring, the agreement must address and resolve 
     all outstanding issues relating to the legitimate rights of 
     all refugees, including Jews, Christians, and other 
     populations, displaced from countries in the Middle East; and
       (2) the President should instruct the United States 
     Representative to the United Nations and all United States 
     representatives in bilateral and multilateral fora to--
       (A) use the voice, vote, and influence of the United States 
     to ensure that any resolutions relating to the issue of 
     Middle East refugees, and which include a reference to the 
     required resolution of the Palestinian refugee issue, must 
     also include a similarly explicit reference to the resolution 
     of the issue of Jewish refugees from Arab countries; and
       (B) make clear that the United States Government supports 
     the position that, as an integral part of any comprehensive 
     Arab-Israeli peace, the issue of refugees from the Middle 
     East, North Africa, and the Persian Gulf must be resolved in 
     a manner that includes recognition of the legitimate rights 
     of and losses incurred by all refugees displaced from Arab 
     countries, including Jews, Christians, and other groups.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Berman) and the gentlewoman from Florida (Ms. Ros-
Lehtinen) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. BERMAN. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. BERMAN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I would first like to commend my distinguished 
colleague, the gentleman from New York (Mr. Nadler), for introducing 
this important resolution.
  When the state of Israel was founded in 1948, more than 150,000 Jews 
lived in Iraq. Iraq was truly a cradle of Jewish civilization, a site 
of Jewish learning from which one of Judaism's holiest books, the 
Talmud, emerged. For more than two millennia, as history books will 
attest, Jews also made vital contributions to wider Iraqi society.
  Indeed, like Jews throughout the Arab world, Iraqi Jews for most of 
that long era enjoyed a quality of life far better than that of most 
Jewish communities in Europe.
  That all changed for good in 1948, and in the years immediately 
preceding 1948, when the state of Israel declared its independence. 
Throughout the Arab world, Jews then became the objects of official 
scorn and often were fired from their jobs en masse. In many places, 
violence ensued against Jewish communities. Continuing to use Iraq as 
an example, that 150,000-strong community by 1952 had shrunk to a mere 
30,000. The rest, the other 120,000, had effectively been forced out.
  Overall, approximately 850,000 Jewish residents of the Arab world 
were expelled or otherwise forced to leave their homes, abandoning 
possessions and patrimony, in the years following Israel's creation in 
1948. Vibrant, generations-old communities withered to near-negligible 
numbers.
  That Iraqi community of 150,000 Jews in 1948 has dwindled to about 
ten today. In Egypt, a community of 75,000 in 1945 now numbers 50 to 
100. In Aden, Yemen, a community of 63,000 in 1948 has shrunk to about 
200 today. And 140,000 Jews lived in Tunisia in 1948; fewer than 100 
remain. In Morocco, which is hailed today as the bastion of Jewish-Arab 
coexistence in the Arab world, a thriving community of more than a 
quarter million Jews lived their lives in peace before 1948. Today, 
there are perhaps 5,000 Jews residing in Morocco. Some left willingly; 
most felt they had no choice.
  For centuries, long before the advent of Islam and long after it, 
Jewish communities lived peacefully and often prosperously and 
productively in Arab lands, among Arab people.
  Their forced relocation and the material value they lost when they 
were compelled to abandon their homes and other property in Arab 
countries has never been redressed. Not one Jew from the Arab world has 
been compensated for his losses. Each one had to start over from 
scratch in his new land.

[[Page 4651]]

  Compare the Jewish refugee experience with the Palestinian refugee 
experience. Neither Jewish refugees themselves, nor Israel, which was 
an underdeveloped country at the time it hosted most of these refugees, 
sought international aid from United Nations organizations or other 
international organizations. Both refugees and hosts envisioned and 
sought full integration into the larger society. The Arab world, in 
contrast, demanded the international community foot the bill for the 
refugees, who were to be kept in camps that, to this day, breed 
frustration, hatred and dependence.
  The result of these contrasting approaches is this: While the plight 
of Palestinian refugees is well known throughout the world, has been 
the subject of numerous U.N. resolutions, and has been a major element 
in every Arab-Israeli peace plan, the plight of Jewish refugees is 
rarely mentioned.
  Nevertheless, the rights and redress of Jewish refugees deserve 
recognition in any peace settlement. And, indeed, numerous 
international agreements pertaining to the Arab-Israeli conflict have 
been codified with the rights of Jewish refugees in mind.
  U.N. Security Council Resolution 242 calls for a ``just settlement to 
the refugee problem,'' without limiting that problem to Palestinians. 
Presidents Carter and Clinton each explicitly stated that the issue of 
Jewish refugees must be part of any comprehensive Arab-Israeli peace 
agreement.

                              {time}  1300

  And lest there be any doubt about their status, let me point out this 
very important fact: The United Nations High Commission on Refugees in 
1957 mandated that Jewish people who fled Arab countries are, indeed, 
``refugees.''
  The right of Jewish refugees from Middle Eastern lands to seek 
redress does not in any way conflict with the right of Palestinian 
refugees to seek redress, and the resolution before us states this 
explicitly. This resolution merely expresses the sense of Congress that 
Jewish refugees also should not be denied their legitimate rights.
  We are simply seeking to ensure that any comprehensive Middle East 
settlement is just and fully just to all the parties. That sentiment of 
basic fairness is one I fully embrace.
  I strongly support this resolution. And I again congratulate my 
colleague, Mr. Nadler, for offering it.
  Madam Speaker, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in strong support of House Resolution 185 
regarding the creation of refugee populations in the Middle East, north 
Africa, and the Persian Gulf region resulting from human rights 
violations.
  Discussions of Middle Eastern refugees invariably focus exclusively 
and short-sightedly on the plight of those of Palestinian descent. Few 
are aware of the injustices faced by hundreds of thousands of Jews, 
Christians and others who fled from Arab lands and Iran either as a 
direct result of the Arab-Israeli conflict or from persecution 
associated with that conflict.
  Perhaps the most telling example, Madam Speaker, is the case of the 
Jewish refugees from Arab lands. Many Jews saw their communities, which 
had existed vibrantly for centuries even before the advent of Islam, 
systematically dismantled. Their populations throughout the Arab world 
and Iran was reduced from over 1 million to just several thousand. They 
lost their resources, their homes, and their heritage sites fleeing in 
the face of persecution, pogroms and brutal dictatorships.
  Jewish refugees who fled Arab countries and Iran left behind what 
today amounts to billions of dollars in assets. Not only have they 
received not one thin dime of compensation to this day, but their 
plight has not even received recognition by the United Nations nor 
similar international institutions.
  While countless U.N. resolutions have been adopted focusing on the 
Palestinian refugee issue, no conferences have been held on the Jewish 
refugees. No U.N. agencies nor international human rights organizations 
address their fate. Failure to recognize their plight, Madam Speaker, 
along with the plight of the Christian communities throughout the 
region, only serves to perpetuate their suffering. Therefore, in past 
Congresses, I have sponsored resolutions similar to the one before us 
today, House Resolution 185. This resolution urges greater recognition 
of the plight of these often overlooked refugees, it emphasizes that 
any comprehensive Middle East peace agreement can only be credible, can 
only be enduring if it resolves all issues related to the rights of all 
refugees in the Arab world and Iran, including Jews, Christians and 
others.
  I am proud to be the lead Republican cosponsor of this resolution. 
And I thank my good friend and my colleague from New York, Congressman 
Jerry Nadler, for having the insight to introduce it.
  I urge the House to adopt this very important resolution.
  And with that, Madam Speaker, I reserve the balance of my time.
  Mr. BERMAN. Madam Speaker, I yield 6 minutes to the sponsor of the 
resolution, the gentleman from New York (Mr. Nadler).
  Mr. NADLER. I thank the gentleman for yielding.
  Madam Speaker, I rise in strong support of this resolution which I 
introduced, along with Representatives Ros-Lehtinen, Crowley and 
Ferguson. I am proud to stand alongside of them, as well as Chairman 
Berman and Representative Ackerman, who have been strong leaders on the 
issue of Jewish refugees from Arab lands, in this historic moment of 
recognition of these refugees.
  I would also like to take a moment to commend the leadership of our 
late chairman, Tom Lantos, whose leadership on this issue and on all 
human rights issues has been critical to opening this debate and to 
recognizing the rights of refugees throughout the world.
  This resolution is not just about a forgotten chapter of history. For 
centuries, long before the advent of Islam and long after it, Jewish 
communities lived peacefully and often prosperously and productively in 
Arab lands among Arab people. Their forced relocation and the material 
value they lost when they were compelled to abandon their homes and 
other properties in Arab countries has never been redressed. For 
example, in Iraq, a community of 150,000 in 1948 dwindles to around 10 
today. In Egypt, a community of 75,000 in 1945 became between 50 and 
100 today. In Yemen and Aden, 63,000 in 1948 became 200 in 2003. 
140,000 Jews lived in Tunisia in 1948, less than 100 remained in 2004.
  In Morocco, which is hailed today as a bastion of Jewish-Arab 
coexistence in the Arab world, a thriving community of more than a 
quarter million Jews lived their lives in peace by 1948; by 2003, only 
5,500 remained. Some left willingly, most did not.
  While the plight of Palestinian refugees is well known throughout the 
world and has been a major element in every Arab-Israeli peace plan and 
negotiation, the plight of these Jewish refugees is rarely mentioned 
these days. Nevertheless, numerous international agreements pertaining 
to the Arab-Israeli conflict have been codified with the rights of the 
Jewish refugees in mind. U.N. Security Council resolution 242, passed 
on November 22, 1967, after the Six Day War, calls for a just 
settlement to the refugee problem without limiting that problem to 
Palestinians. In fact, the Soviet Union tried to limit that resolution 
to Palestinians and it was rejected.
  Presidents Carter and Clinton stated explicitly that the issue of 
Jewish refugees must be a part of any comprehensive Arab-Israeli peace 
agreement. And lest there be any doubt about this status, the U.N. High 
Commission on Refugees in 1957 ruled that Jewish people that fled Arab 
countries were, indeed, ``refugees.''
  This principle is reaffirmed in the Camp David Accords and in the 
Egyptian-Israeli Peace Treaty. The treaty states, ``The parties agree 
to establish a Claims Committee for the mutual settlement of all 
financial claims.'' And it also states, ``Jewish refugees have the same 
rights as others do.''

[[Page 4652]]

  These Jewish refugees, Madam Speaker, were expelled systematically 
under official regime policies, which included state-fostered anti-
Jewish decrees, pogroms, murders and hangings, anti-Semitic incitement 
and ethnic cleansing. They were done in accordance with an Arab League 
1947 decree that provided a formula to promote state-sanctioned 
discriminatory measures that were replicated in many Arab countries in 
a deliberate campaign to expel the entire Jewish population from their 
home countries. And unlike the Palestinians, the Jewish refugees, 
having been expelled from the Arab countries, were absorbed into their 
host countries, mostly by Israel. About 600,000 refugees went to 
Israel, and the remaining 300,000 fled to other countries, such as 
France, Canada, Italy and the United States. In Israel today, the 
majority of the population consists of Jews from Arab countries and 
their children and grandchildren.
  The right of Jewish refugees from Middle Eastern lands to seek 
redress does not in any way conflict with the rights of Palestinian 
refugees to seek redress, and resolution states this explicitly. This 
resolution merely expresses the sense of Congress that Jewish refugees, 
many of whom were so effectively absorbed by the State of Israel, 
should not be denied their legitimate rights and compensation for the 
property of which they were deprived.
  The resolution further states that a comprehensive Middle East peace 
agreement can be credible and enduring only if it achieves legitimate 
rights of all refugees, ``including Jews, Christians and other 
populations'' displaced from Middle East countries. Importantly, it 
also resolves that the President should instruct the U.S. 
Representative at the U.N. and all U.S. representatives in bilateral 
and multilateral fora to use their voice, their vote and the influence 
of the United States to ensure that any resolutions relating to the 
issue of Middle East refugees which include a reference to the required 
resolution of the Palestinian refugee issue must also include a 
similarly explicit reference to the resolution of the issue of Jewish 
refugees from Arab countries, and to make clear that the United States 
Government supports the position that as an integral part of any 
comprehensive and much to be desired Arab-Israeli peace, the issue of 
refugees from the Middle East, north Africa and the Persian Gulf must 
be resolved in a manner that includes recognition of the legitimate 
rights of and losses incurred by all refugees displaced from Arab 
countries, including Jews, Christians and other groups.
  There is broad bipartisan support for this resolution, which was 
passed with unanimous consent from the Foreign Affairs Committee. Many 
Jewish groups have endorsed the resolution, including the American 
Jewish Committee, Conference of Presidents of Major American Jewish 
Organizations, Hadassah, the Union for Reform Judaism, the Jewish 
Council for Public Affairs, the Anti-Defamation League, and the 
Orthodox Union, among others. I must particularly acknowledge the work 
of B'nai B'rith International and the strong leadership of Justice for 
Jews from Arab Countries, which has led the International Rights and 
Redress Campaign. As of September 2007, this coalition to secure the 
rights of Jewish refugees from Arab lands includes 72 organizations and 
20 countries.
  It is important to deal with this issue now while some of the 
original refugees are still alive. Justice for Jews from Arab Countries 
has organized a campaign to conduct public education programs on the 
heritage and rights of former Jewish refugees from Arab countries, to 
register family history narratives, and to catalogue communal and 
individual losses suffered by Jews who fled from Arab countries.
  By adopting this resolution and urging that the rights of Jewish 
refugees be recognized in any future comprehensive Middle East 
settlement, we are simply seeking to ensure that any such agreement is 
just, fully just to all parties. As a member of the Quartet, and in 
light of the United States' central and indispensable role in promoting 
a just Middle East peace, the U.S. must reaffirm that it embraces a 
just and comprehensive approach to the issue of Middle East refugees. I 
urge strong report for this resolution.
  Mr. BERMAN. Madam Speaker, I yield 2 minutes to the gentlelady from 
Nevada (Ms. Berkley).
  Ms. BERKLEY. I thank the gentleman for yielding and for his 
leadership on this important issue.
  Madam Speaker, when Israel declared its independence in May, 1948, 
seven Arab nations immediately attacked the fledgling country and 
sought to drive Israel into the sea. Simultaneously, many of the same 
Arab nations forced their own Jewish citizens to leave their ancestral 
homes, making refugees out of nearly one million people.
  The issue of Jewish refugees from Arab lands speaks to one of the 
fundamental problems of the Arab-Israeli conflict. Many Arab countries 
have refused to accept the existence of Israel, while cynically 
exploiting the Palestinian refugees in their war against Israel. Arab 
leaders willingly agree to confine the Palestinians to squalid camps 
where terrorism and extremism and hate are bred instead of resettling 
them and welcoming their Palestinian brothers to their own oil rich 
lands. They claim a ``right of return'' for Palestinian refugees in the 
hope that they will flood Israel in order to undermine and ultimately 
destroy the Jewish State of Israel.
  Madam Speaker, this resolution begins to set the record straight, 
while setting out a balanced approach to address the refugee issue, all 
refugees.
  Any peace plan must look at both sides of the refugee issue in an 
equal way. We must acknowledge the Jewish refugees from Arab lands, be 
aware of the hidden agenda behind a Palestinian ``right of return'' and 
expose the obstructive role played by both the Arab nations and the 
United Nations in the refugee issue. We must find just solutions for 
all refugees in this conflict, redressing the grievances of all sides 
while retaining Israel's integrity as a Jewish state.
  Mr. WEXLER. Madam Speaker, I rise today in strong support of House 
Resolution 185, expressing the sense of the House of Representatives 
regarding the creation of refugee populations in the Middle East, North 
Africa, and the Persian Gulf region as a result of unacceptable human 
rights violations and blatant anti-Semitism.
  For over 2,500 years, Jewish communities have resided throughout the 
Middle East, North Africa, and the Gulf region in large numbers. 
Unfortunately these vibrant Jewish communities have often been 
considered second-class citizens under onerous rulers. In the 20th 
century, widespread persecution and mass violations of human rights 
against Jewish minorities in Arab countries became unfortunately 
commonplace.
  Upon the declaration of the State of Israel's independence in 1948, 
the difficult status of Jewish minorities was greatly exacerbated as 
Arab nations declared war or supported the destruction of the nascent 
state. In response, many members of the Jewish community were forced to 
flee their countries of birth or faced becoming a political hostage. 
Jewish properties were unlawfully seized and confiscated without any 
compensation or just redress. While there were once nearly a million 
Jews living in these regions, today there are only a few thousand Jews 
remaining in these Arab countries.
  Unconscionably, the story of the Jewish refugees from Arab countries 
has been neglected by the United Nations and the international 
community for far too long. While Palestinian refugees from Israel have 
been one of the focal points of the international community, Jewish 
refugees from Arab states have been forgotten, if not intentionally 
ignored. This resolution recognizes the over 850,000 Jewish refugees 
from Arab states and expresses the sense of Congress that the 
international community should acknowledge the Jewish refugee issue as 
a part of any settlement of the Middle East conflict.
  It is clear that the violations of human rights against Jewish 
refugees from Arab countries have never been adequately addressed by 
the international community. As a cosponsor of H. Res. 185, I believe 
it is essential that Congress work with the administration to rectify 
this black mark on history. To this end, I urge my colleagues to join 
me in supporting this resolution, which sheds light on the plight of 
Jewish refugees throughout the Middle East.

[[Page 4653]]


  Mr. KUCINICH. Madam Speaker, I rise in support of H. Res. 185. I 
commend this body for recognizing the rights of Jewish refugees 
displaced from Arab countries. I agree that a resolution that addresses 
the legitimate rights of all refugees is inherent to establishing 
enduring peace in the Middle East.
  The resolution draws its strength by including all refugees in the 
Middle East, including Jews, Christians, minority communities, Iraqis, 
and Palestinians. A lasting peace in the Middle East must abate 
feelings of hostility throughout all refugee populations. As the 
resolution suggests, this includes recognition of Jewish, Palestinian, 
and Christian refugee populations but must also encompass all Middle 
East refugee populations ``numbering in the hundreds of thousands and 
comprised of peoples from many ethnic, religious, and national 
backgrounds.''
  As such, I urge this body to continue to be mindful of and work 
toward peaceful, enduring solutions for all refugee populations in the 
Middle East. Currently the two largest refugee populations in the world 
are Iraqi and Palestinian refugees. The United Nations has estimated 
that there are approximately 2,000,000 Iraqi refugees currently 
displaced from their homes (and another 2,200,000 internally 
displaced). These Iraqi refugees endure deprivation of food, shelter, 
and medical care. The United States must be mindful of the role of our 
foreign policy in the creation of this refugee population and our 
continuing role in addressing this humanitarian crisis.
  United Nations-recognized Palestinian refugees currently constitute 
an approximate 3,700,000-person population. According to the United 
Nations Relief and Work Agency, UNRWA, of these refugees, approximately 
1,300,000 Palestinian refugees continue to live in 58 recognized 
refugee camps in Jordan, Lebanon, Syria, the West Bank, and the Gaza 
Strip. Moreover, ongoing Israeli policies like settlement expansion, 
which contravene the provisions of the Fourth Geneva Convention as well 
as the basis of Palestinian-Israeli peace agreements, create new 
refugee populations today.
  I support H. Res. 185 for recognizing the displacement, human rights, 
suffering and loss of all refugees. I encourage this body to do so in a 
way that brings us closer to establishing a just and long-lasting Arab-
Israeli peace. To make this dream a reality we must truly rise to 
become the ``honest broker'' of peace in the Middle East.
  Mr. BURTON of Indiana. Madam Speaker, on April 1st, the House of 
Representatives approved an important piece of legislation, H. Res. 
185, expressing the sense of the House of Representatives regarding the 
creation of refugee populations in the Middle East, North Africa, and 
the Persian Gulf region. I was proud to support the passage of this 
legislation because it recognized all those who have suffered during 
this long-standing conflict. For the first time in my memory, the House 
of Representatives has gone on record to say that the refugee 
population in the Middle East is not simply comprised of Palestinians, 
it is also the 850,000 Jews who have been displaced from Arab countries 
since the declaration of the State of Israel in 1948. The U.S.-led 
roadmap to peace specifically calls for an ``agreed, just, fair, and 
realistic solution to the refugee issue;'' and in my opinion, and in 
the unanimous and united opinion of this House, that means Jewish and 
non-Jewish refugees alike.
  Throughout my tenure in the United States Congress, I have seen the 
U.S. act as a stalwart champion of human rights, and I have seen this 
House stand up and voice concerns about the treatment of refugees and 
minorities, as well as concerns on violations of basic human rights 
throughout the Middle East and elsewhere. As the U.S. continues to play 
a pivotal role in seeking an end to the Arab-Israeli conflict in the 
Middle East, I urge my colleagues to continue to speak out and remind 
the world that we must not overlook the Jewish refugee problem in our 
enthusiasm for peace.
  I look forward to working with my colleagues to further this 
important effort.
   Mr. ELLISON. Madam Speaker, this week the House passed House 
Resolution 185, which expresses the sense of the House regarding the 
existence of refugee populations in the Middle East, North Africa, and 
the Persian Gulf region. In addition to the international concern about 
Palestinian refugees, this resolution calls attention to the injustices 
suffered by Jews and other ethnic groups that have lived as minorities 
in the region. I fully support this resolution's call for recognition 
of the rights of former Jewish, Christian, and other refugees from Arab 
countries.
   While much of the resolution is important and sets forth 
historically accurate information, the final paragraph of the resolving 
clause conditions resolution of the Israeli-Palestinian conflict on 
resolution of ``all refugees displaced from Arab countries.'' I share 
the goal of resolving all refugee issues in the Middle East, but I do 
not believe it is likely that they can be resolved through the 
Annapolis process or some future Israeli-Palestinian negotiating 
process. In my view, imposing such a condition will likely doom 
Annapolis and any subsequent good-faith effort to follow the roadmap to 
a permanent two-state solution first laid out in 2003. I certainly hope 
that all Middle Eastern refugee issues can and will he resolved, 
including refugees of the Jewish, Christian, Muslim and other minority 
faiths, but I cannot support linking the resolution of all Middle 
Eastern refugee issues to the resolution of the Israeli-Palestinian 
conflict. It's not fair to Israelis or to Palestinians to tie the 
resolution of their conflict to a global resolution of all Middle 
Eastern refugee issues.
   I also disagree with the way the U.S. Congress, by passing this 
measure, has imposed new stipulations for any agreement, which 
effectively ties the hands of the Israeli and Palestinian negotiators.
   These negotiators already have enough roadblocks to dismantle; the 
last thing that they need is the U.S.
   Congress trying to prescribe a certain method or outcome on a 
difficult issue in the negotiations, which is the refugee issue. Many 
of my colleagues and I believe the Annapolis negotiations have not gone 
as well as we hoped, but they are still--for the moment--moving 
forward. Rather than trying to impose a particular outcome on refugee 
issues, the Congress should express its support of the process and 
encourage the parties to work toward resolution of the issues they have 
already agreed are most essential.
   Again, I favor reducing the impediments to a final resolution to the 
Israeli-Palestinian conflict. Instead, this week's resolution raises a 
new roadblock to the implementation of the roadmap. I urge all parties 
to support the peace process as they carefully balance the interests of 
all refugees. Let's support the negotiations, move the panics to final 
status, and work towards of vision of peace.
  Ms. ROS-LEHTINEN. Madam Speaker, I have no further requests for time, 
so I yield back the balance of my time.
  Mr. BERMAN. 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 California (Mr. Berman) that the House suspend the rules 
and agree to the resolution, H. Res. 185, 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.

                          ____________________




    EXPRESSING THE SENSE OF CONGRESS REGARDING ALEXANDER LITVINENKO

  Mr. BERMAN. Madam Speaker, I move to suspend the rules and agree to 
the concurrent resolution (H. Con. Res. 154) expressing the sense of 
Congress that the fatal radiation poisoning of Russian dissident and 
writer Alexander Litvinenko raises significant concerns about the 
potential involvement of elements of the Russian Government in Mr. 
Litvinenko's death and about the security and proliferation of 
radioactive materials, as amended.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 154

       Whereas Russian dissident and writer Alexander Litvinenko, 
     a citizen and resident of Great Britain, suddenly fell ill on 
     November 1, 2006, and died three weeks later in a London 
     hospital;
       Whereas British health officials concluded, following an 
     autopsy, that Mr. Litvinenko died of radiation poisoning 
     caused by ingestion of the radioactive element polonium-210, 
     and British law enforcement officials have announced that 
     they are treating Mr. Litvinenko's death as a murder;
       Whereas polonium-210, according to the Health Physics 
     Society, radiates alpha particles that cannot penetrate paper 
     or human skin but, if ingested through eating, drinking, or 
     breathing, are extremely toxic, with the ability to destroy 
     cells, damage vital organs such as the liver, kidneys, and 
     bone marrow, cause cancer, and result in human death;
       Whereas according to the Health Physics Society, just one 
     millionth of a gram of polonium-210 can be fatal, an amount 
     invisible to the naked eye;
       Whereas 97 percent of the world's legal production of 
     polonium-210 occurs at the

[[Page 4654]]

     Avangard nuclear facility in Russia, and Russia is the 
     world's leading exporter of polonium-210 for commercial 
     purposes;
       Whereas polonium-210 is presently neither produced in nor 
     commercially exported to Great Britain;
       Whereas polonium-210, being especially dangerous to public 
     health and safety if improperly handled, may attract the 
     attention of terrorists because it can be easily and safely 
     concealed and transported and is not usually detectable by 
     radiation detectors;
       Whereas this instance of poisoning by use of polonium-210 
     could serve as a model for future use of the radioactive 
     element to assassinate individuals, poison and kill large 
     numbers of people, or spread general panic and hysteria 
     amongst the public;
       Whereas Mr. Litvinenko was a former agent and official in 
     the Federal Security Service of the Russian Federation during 
     the period when present Russian President Vladimir Putin ran 
     that agency;
       Whereas in 1998 Mr. Litvinenko was fired from the Federal 
     Security Service and subsequently arrested and briefly 
     incarcerated without conviction for a criminal act after 
     publicly accusing high-level officials of the Federal 
     Security Service of crimes that included plotting 
     assassination attempts;
       Whereas Mr. Litvinenko fled Russia and successfully sought 
     asylum in Great Britain, becoming a naturalized British 
     citizen in October 2006;
       Whereas Mr. Litvinenko, after arriving in Britain, 
     repeatedly accused the Federal Security Service and many of 
     its officers, including now-President Putin, of involvement 
     in organized crime, assassinations, and other illegal 
     activity;
       Whereas on November 1, 2006, before falling ill, Mr. 
     Litvinenko reportedly met with three citizens of Russia, 
     including former Federal Security Service agent Andrei 
     Lugovoi;
       Whereas the manner in which the polonium-210 was obtained, 
     transported, and used must be fully investigated and revealed 
     in order to reveal any defects or inadequacies in the present 
     safeguard regime for that substance administered by the 
     Russian Government and in order to prevent the unlawful, 
     criminal, or terrorist acquisition or use of polonium-210 in 
     the future;
       Whereas the danger posed by polonium-210, as displayed by 
     the discovery, subsequent to Mr. Litvinenko's death, of 
     numerous cases of its exposure to objects and persons who had 
     contact with Mr. Litvinenko and his meal companions, 
     demonstrates the threat that the proliferation and use of 
     polonium-210 poses to the lives of innocents worldwide, as 
     well as to international security;
       Whereas on July 15, 2006, the United States and Russia 
     jointly announced the Global Initiative to Combat Nuclear 
     Terrorism, which ``will enhance cooperation . . . to combat 
     the global threat of nuclear terrorism . . . [including] 
     determined and systematic efforts to improve accounting, 
     control, and physical protection of nuclear material and 
     radioactive substances, as well as security of nuclear 
     facilities; [and] detect and suppress illicit trafficking or 
     other illicit activities involving such materials, especially 
     measures to prevent their acquisition and use by 
     terrorists'';
       Whereas Mr. Lugovoi has won immunity from prosecution as a 
     member of the Russian Duma in December 2007 elections 
     allegedly influenced by government electoral manipulation, 
     which provides credence to claims that he has enjoyed 
     official support in obtaining that office and its associated 
     immunity; and
       Whereas the British investigation into Mr. Litvinenko's 
     murder continues in an atmosphere of deteriorating relations 
     between the United Kingdom and the Russian Federation due, in 
     part, to a lack of agreement on the further pursuit of that 
     investigation: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That it is the sense of Congress that--
       (1) the fatal radiation poisoning of Alexander Litvinenko 
     raises significant concerns about the potential involvement 
     of elements of the Russian Government in Mr. Litvinenko's 
     death, and about the security and proliferation of 
     radioactive materials;
       (2) the use of such radioactive materials in such cases 
     demonstrates a threat to the safety and security of the 
     people of the Russian Federation, the United Kingdom, the 
     United States, and other countries; and
       (3) the President of the United States and the Secretary of 
     State should urge Russian President Vladimir Putin and other 
     officials of the Russian Government to cooperate fully with 
     the British Government in its investigation into Mr. 
     Litvinenko's death and to ensure the security of the 
     production, storage, distribution, and export of polonium-210 
     as a material that may become dangerous to large numbers of 
     people if utilized by terrorists.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Berman) and the gentlewoman from Florida (Ms. Ros-
Lehtinen) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. BERMAN. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. BERMAN. Madam Speaker, I rise in strong support of this 
resolution and yield myself such time as I may consume.
  Madam Speaker, I am pleased to support this resolution that notes the 
tragic poisoning of Alexander Litvinenko, expresses concern about the 
potential involvement of elements of the Russian Government in his 
death, and highlights the need to ensure the security of radioactive 
materials.

                              {time}  1315

  And I'd like to thank my good friend and the ranking member of the 
Foreign Affairs Committee, Ileana Ros-Lehtinen of Florida, for 
introducing this important measure.
  In late November 2006, Americans joined with many around the world in 
watching with horror as a youthful, energetic Russian dissident and 
British citizen dramatically changed appearances within days. Who can 
forget the piercing blue eyes of the bald and gaunt man staring 
intently at the camera from a London hospital bed?
  After the completion of an autopsy, British health officials 
concluded that Alexander Litvinenko had died on November 23, 2006 of 
radiation poisoning caused by ingesting the radioactive element 
Polonium-210. British law enforcement officials classified his death as 
murder.
  Alexander Litvinenko was an agent in the Federal Security Service of 
the Russian Federation at the time when Vladimir Putin ran the agency. 
Mr. Litvinenko was fired from the service in 1998, then was arrested 
and briefly held without conviction after accusing senior Security 
Service officials of assassination plots.
  Mr. Litvinenko successfully sought asylum in Britain, from where he 
continued to accuse the Security Service of involvement in illegal 
activities.
  The night before falling ill, Mr. Litvinenko reportedly dined with 
three Russian citizens, including former Federal Security Service Agent 
Andrei Lugovoi.
  On May 22, 2007, British authorities announced their intent to 
prosecute Mr. Lugovoi for the murder of Mr. Litvinenko. After Russia 
refused to extradite Mr. Lugovoi to Britain, a political dispute ensued 
between the two countries that resulted in the mutual expulsion of 
diplomats.
  The murder of Alexander Litvinenko clearly raises disturbing 
questions about how elements of the Russian Government appear to deal 
with their enemies and perceived threats.
  It also raises worrying questions about the security and 
proliferation of radioactive material. 97 percent of the world's legal 
production of Polonium-210 occurs at the Avangard nuclear facility in 
Russia, the country that is also the world's leading exporter of this 
substance for commercial purposes.
  If the Russian government is not responsible for Litvinenko's death, 
as President Putin has stated, then it should be urgently investigating 
the security of the production, storage, distribution and export of 
Polonium-210 to prevent grave threats to international security.
  The resolution calls on President Bush and Secretary Rice to urge 
President Putin and President-elect Medvedev to cooperate with British 
authorities in finding answers to ensure the safety and security of all 
our citizens.
  I urge my colleagues to join me in supporting this resolution.
  I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of House Concurrent Resolution 
154, which I introduced.
  The purposes of this measure, they're very straightforward. First, it 
is to put this Congress on record as being skeptical, to say the least, 
about the Russian Government's views and positions

[[Page 4655]]

regarding the murder of the Russian dissident and writer Alexander 
Litvinenko in November of 2006.
  We must keep in mind that Litvinenko, as a former agent of the 
Russian Security Service, was in a position to speak with credibility 
when he charged high level officials of the Russian Government with 
involvement in assassinations and organized crime and the use of state-
sponsored terrorism for political purposes in the 1999 bombings of 
several Russian apartment buildings.
  We note that Mr. Litvinenko's poisoning with the radioactive material 
known as Polonium-210 raises some interesting general facts. Polonium-
210 is not produced, nor commercially exported to Britain where Mr. 
Litvinenko was murdered. Indeed, as Mr. Berman pointed out, 97 percent 
of the world's production of Polonium-210 takes place in Russia. And 
indeed, after the poisoning of Litvinenko in London, British 
investigators were able to track traces of the material to passenger 
aircraft serving the London to Moscow route.
  Furthermore, the British investigation into the murder has found that 
Litvinenko had met with three visitors from Russia prior to the 
detection of the radioactive poison in his body. The British 
authorities are now, in fact, seeking to prosecute a Russian citizen 
who currently resides in Russia for his involvement in the murder.
  The second purpose of this measure, Madam Speaker, is to point out 
that Polonium-210 would prove to be a dangerous weapon that Islamic 
radicals could use seeking to inflict large numbers of civilian 
casualties, not just to murder an individual. Therefore, as the 
dominant producer of this material, it is incumbent upon the Russian 
Government to ensure the security from proliferation of the Polonium-
210, and this resolution indeed makes that case.
  Madam Speaker, in closing, I note that former Deputy Secretary of 
State Strobe Talbott appeared before our Foreign Affairs Committee last 
October and said the following when asked about this case, and I quote. 
``Many of the people running Russia today come from Security Services, 
the secret police. There has been a long and unbroken tradition of the 
use of murder as a means of controlling Russian society. And I can tell 
you that our British colleagues believe that they have at least a 
prosecutable case that goes very, very close to the seat of power in 
Moscow.''
  Madam Speaker, the perpetrators of the 1999 apartment building 
bombings in Russia probably hope that the passage of time would cover 
their tracks and that people would forget and move on. That appears to 
be the case in Moscow with this case as well, unfortunately.
  So the question before our President and this Congress is the 
following: Will that be allowed to happen in the Litvinenko case as 
well?
  I urge my colleagues to support this resolution to keep in mind that 
the people of Russia live with this kind of threat every day. Their 
government is aggressively working to take back control over the 
economy, over their livelihoods, their access to uncensored news and 
their personal freedoms.
  So, Madam Speaker, I hope that the House passes this resolution.
  Mr. PAUL. Madam Speaker, I rise in strong opposition to this ill-
conceived resolution. The U.S. House of Representatives has no business 
speculating on guilt or innocence in a crime that may have been 
committed thousands of miles outside United States territory. It is 
arrogant, to say the least, that we presume to pass judgment on crimes 
committed overseas about which we have seen no evidence.
  The resolution purports to express concern over the apparent murder 
in London of a shadowy former Russian intelligence agent, Alexander 
Litvinenko, but let us not kid ourselves. The real purpose is to attack 
the Russian government by suggesting that Russia is involved in the 
murder. There is little evidence of this beyond the feverish 
accusations of interested parties. In fact, we may ultimately discover 
that Litvinenko's death by radiation poisoning was the result of his 
involvement in an international nuclear smuggling operation, as some 
investigative reporters have claimed. The point is that we do not know. 
The House of Representatives has no business inserting itself in 
disputes about which we lack information and jurisdiction.
  At a time when we should be seeking good relations and expanded trade 
with Russia, what is the benefit in passing such provocative 
resolutions? There is none.
  Madam Speaker, I would like to draw your attention to a very thought-
provoking article by Edward Jay Epstein published recently in the New 
York Sun, which convincingly calls into question many of the 
assumptions and accusations made in this legislation. I would encourage 
my colleagues to read this article and carefully consider the wisdom of 
what we are doing.
  Ms. ROS LEHTINEN. I have no further requests for time, and I give 
back the balance of our time.
  Mr. BERMAN. 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 California (Mr. Berman) that the House suspend the rules 
and agree to the concurrent resolution, H. Con. Res. 154, 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.
  A motion to reconsider was laid on the table.

                          ____________________




            CIVIL RIGHTS ACT OF 1964 COMMEMORATIVE COIN ACT

  Mr. SCOTT of Georgia. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 2040) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2040

       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 ``Civil Rights Act of 1964 
     Commemorative Coin Act''.

     SEC. 2. FINDINGS.

       The Congress hereby finds as follows:
       (1) On December 1, 1955, Rosa Parks' brave act of defiance, 
     refusing to give up her seat to a white person on a 
     segregated bus in Montgomery, Alabama, galvanized the modern 
     civil rights movement and led to the desegregation of the 
     South.
       (2) On February 1, 1960, 4 college students, Joseph McNeil, 
     Franklin McCain, David Richmond, and Ezell Blair, Jr., asked 
     to be served at a lunch counter in Greensboro, North 
     Carolina, and lunch counter sit-ins began to occur throughout 
     the South to challenge segregation in places of public 
     accommodation.
       (3) On May 4, 1961, the Freedom Rides into the South began 
     to test new court orders barring segregation in interstate 
     transportation, and riders were jailed and beaten by mobs in 
     several places, including Birmingham and Montgomery, Alabama.
       (4) Dr. Martin Luther King, Jr., was the leading civil 
     rights advocate of the time, spearheading the civil rights 
     movement in the United States during the 1950s and 1960s with 
     the goal of nonviolent social change and full civil rights 
     for African Americans.
       (5) On August 28, 1963, Dr. Martin Luther King, Jr., led 
     over 250,000 civil rights supporters in the March on 
     Washington and delivered his famous ``I Have A Dream'' speech 
     to raise awareness and support for civil rights legislation.
       (6) Mrs. Coretta Scott King, a leading participant in the 
     American civil rights movement, was side-by-side with her 
     husband, Dr. Martin Luther King, Jr., during many civil 
     rights marches, organized Freedom Concerts to draw attention 
     to the Movement, and worked in her own right to create an 
     America in which all people have equal rights.
       (7) The mass movement sparked by Rosa Parks and led by Dr. 
     Martin Luther King, Jr., among others, called upon the 
     Congress and Presidents John F. Kennedy and Lyndon B. Johnson 
     to pass civil rights legislation which culminated in the 
     enactment of the Civil Rights Act of 1964.
       (8) The Civil Rights Act of 1964 greatly expanded civil 
     rights protections, outlawing racial discrimination and 
     segregation in public places and places of public 
     accommodation, in federally funded programs, and employment 
     and encouraging desegregation in public schools, and has 
     served as a model for subsequent anti-discrimination laws.
       (9) We are an eminently better Nation because of Rosa 
     Parks, Dr. Martin Luther King, Jr., and all those men and 
     women who have confronted, and continue to confront, 
     injustice and inequality wherever they see it.
       (10) Equality in education was one of the cornerstones of 
     the civil rights movement.
       (11) On September 10, 1961, Dr. Martin Luther King, Jr., 
     wrote that African American ``students are coming to 
     understand that education and learning have become tools

[[Page 4656]]

     for shaping the future and not devices of privilege for an 
     exclusive few''.
       (12) Over its long and distinguished history, the United 
     Negro College Fund has provided scholarships and operating 
     funds to its member colleges that have enabled more than 
     300,000 young African Americans to earn college degrees and 
     become successful members of society.
       (13) Those graduates include Dr. Martin Luther King, Jr., 
     as well as leaders in the fields of education, science, 
     medicine, law, entertainment, literature, the military, and 
     politics who have made major contributions to the civil 
     rights movement and the creation of a more equitable society.
       (14) Congress has an obligation to lead America's continued 
     struggle to fight discrimination and ensure equal rights for 
     all.
       (15) The year 2014 will mark the semicentennial of the 
     passage of the Civil Rights Act of 1964.

     SEC. 3. COIN SPECIFICATIONS.

       (a) Denominations.--The Secretary of the Treasury 
     (hereinafter in this Act referred to as the ``Secretary'') 
     shall mint and issue not more than 350,000 $1 coins each of 
     which shall--
       (1) weigh 26.73 grams;
       (2) have a diameter of 1.500 inches; and
       (3) contain 90 percent silver and 10 percent copper.
       (b) Legal Tender.--The coins minted under this Act shall be 
     legal tender, as provided in section 5103 of title 31, United 
     States Code.
       (c) Numismatic Items.--For purposes of section 5136 of 
     title 31, United States Code, all coins minted under this Act 
     shall be considered to be numismatic items.

     SEC. 4. DESIGN OF COINS.

       (a) Design Requirements.--The design of the coins minted 
     under this Act shall be emblematic of the enactment of the 
     Civil Rights Act of 1964 and its contribution to civil rights 
     in America.
       (b) Designation and Inscriptions.--On each coin minted 
     under this Act there shall be--
       (1) a designation of the value of the coin;
       (2) an inscription of the year ``2014''; and
       (3) inscriptions of the words ``Liberty'', ``In God We 
     Trust'', ``United States of America'', and ``E Pluribus 
     Unum''.
       (c) Selection.--The design for the coins minted under this 
     Act shall be--
       (1) selected by the Secretary after consultation with the 
     Commission of Fine Arts; and
       (2) reviewed by the Citizens Coinage Advisory Committee 
     established under section 5135 of title 31, United States 
     Code.

     SEC. 5. ISSUANCE OF COINS.

       (a) Quality of Coins.--Coins minted under this Act shall be 
     issued in uncirculated and proof qualities.
       (b) Commencement of Issuance.--The Secretary may issue 
     coins minted under this Act beginning January 1, 2014, except 
     that the Secretary may initiate sales of such coins, without 
     issuance, before such date.
       (c) Termination of Minting Authority.--No coins shall be 
     minted under this Act after December 31, 2014.

     SEC. 6. SALE OF COINS.

       (a) Sale Price.--Notwithstanding any other provision of 
     law, the coins issued under this Act shall be sold by the 
     Secretary at a price equal to the sum of the face value of 
     the coins, the surcharge required under section 7(a) for the 
     coins, and the cost of designing and issuing such coins 
     (including labor, materials, dies, use of machinery, overhead 
     expenses, and marketing).
       (b) Bulk Sales.--The Secretary shall make bulk sales of the 
     coins issued under this Act at a reasonable discount.
       (c) Prepaid Orders at a Discount.--
       (1) In general.--The Secretary shall accept prepaid orders 
     for the coins minted under this Act before the issuance of 
     such coins.
       (2) Discount.--Sale prices with respect to prepaid orders 
     under paragraph (1) shall be at a reasonable discount.

     SEC. 7. SURCHARGES.

       (a) Surcharge Required.--All sales shall include a 
     surcharge of $10 per coin.
       (b) Distribution.--Subject to section 5134(f) of title 31, 
     United States Code, all surcharges which are received by the 
     Secretary from the sale of coins issued under this Act shall 
     be promptly paid by the Secretary to the United Negro College 
     Fund (UNCF) to carry out the purposes of the Fund, including 
     providing scholarships and internships for minority students 
     and operating funds and technology enhancement services for 
     39 member historically black colleges and universities.
       (c) Audits.--The United Negro College Fund shall be subject 
     to the audit requirements of section 5134(f)(2) of title 31, 
     United States Code, with regard to the amounts received by 
     the Fund under subsection (b).
       (d) Limitation.--Notwithstanding subsection (a), no 
     surcharge may be included with respect to the issuance under 
     this Act of any coin during a calendar year if, as of the 
     time of such issuance, the issuance of such coin would result 
     in the number of commemorative coin programs issued during 
     such year to exceed the annual 2 commemorative coin program 
     issuance limitation under section 5112(m)(1) of title 31, 
     United States Code (as in effect on the date of the enactment 
     of this Act). The Secretary of the Treasury may issue 
     guidance to carry out this subsection.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Scott) and the gentleman from Nevada (Mr. Heller) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. SCOTT of Georgia. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks on this legislation and to insert extraneous material 
thereon.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. SCOTT of Georgia. Madam Speaker, I yield myself just a couple of 
minutes here at the beginning.
  This is a very, very important and timely piece of legislation. H.R. 
2040 is the Civil Rights Act of 1964 Commemorative Coin Act. As a 
steadfast proponent of this most important legislation, it is indeed my 
honor and privilege.
  First and foremost, I wish to commend my good friend and my own 
personal hero and mentor from the great State of Georgia, my colleague, 
Mr. John Lewis, on the extraordinary work that he has done throughout 
his entire life, and certainly on the work to bring this commemorative 
coin bill recognizing the 50th anniversary of the passage of the Civil 
Rights Act of 1964 to the floor with the minting of a $1 coin.
  I applaud the bill for honoring not only the importance of this 
legislation, but also the many contributions of so many Americans from 
all walks of life, from all different backgrounds that have come 
together to make this country great, and certainly have made 
outstanding contributions during the civil rights era.
  I further want to acknowledge the vital role of the United Negro 
College Fund, UNCF, that they have played in ensuring access to and 
opportunities for higher education for so many deserving students who, 
if it had not been for the UNCF, would not have received a college 
education. During its 64-year existence, the UNCF has raised more than 
$2.3 billion to support its 39 Historically Black Colleges and 
University member institutions. And during 2007, the UNCF raised an 
impressive $220 million in scholarships to help some 65,000 students 
realize their dreams of receiving a college education. So it's 
important for us to note that this is more than just a piece of 
legislation for it's important to note that the proceeds from the sale 
of this coin will go towards advancing what the Civil Rights Act 
initially made possible, opportunity for education and empowerment by 
benefiting the United Negro College Fund and those member schools which 
played such a vital role, Madam Speaker, in the sit-ins, they started 
on black college campuses, on the marches, the civil rights marches 
started by students on black college campuses, demonstrations in the 
deep south and throughout this country energized by those on black 
college campuses. These United Negro College Fund students, graduates, 
faculty and institutions played a significant part in the Civil Rights 
Movement, and I, as a young activist at that time, as many of my 
colleagues, am a graduate myself of a Historically Black University, 
Florida A&M University. And I might add, had it not been for Florida 
A&M University, Madam Speaker, I would not be standing in the Congress 
of the United States today.
  Now, granted we've come a long way. However, there is still much, 
much work to do. I am living proof that minorities are able to elect 
the candidate of their choice as I was elected to the Georgia House of 
Representatives 34 years ago, becoming the youngest legislator to serve 
in the State House of Representatives at that time. I owe a tremendous 
debt of gratitude to those who came before me, and the Civil Rights Act 
of 1964 has been instrumental in achieving all of these successes.
  I submit the following correspondence for the Record:


[[Page 4657]]




                                     House of Representatives,

                                    Washington, DC, March 6, 2008.
     Hon. Barney Frank,
     Chairman, Financial Services Committee,
     Washington, DC.
       Dear Chairman Frank, I am writing regarding H.R. 2040, the 
     Civil Rights Act of 1964 Commemorative Coin Act.
       As you know, the Committee on Ways and Means maintains 
     jurisdiction over bills that raise revenue. H.R. 2040 
     contains a provision that establishes a surcharge for the 
     sale of commemorative coins that are minted under the bill, 
     and thus falls within the jurisdiction of the Committee on 
     Ways and Means.
       However, as part of our ongoing understanding regarding 
     commemorative coin bills and in order to expedite this bill 
     for Floor consideration, the Committee will forgo action. 
     This is being done with the understanding that it does not in 
     any way prejudice the Committee with respect to the 
     appointment of conferees or its jurisdictional prerogatives 
     on this bill or similar legislation in the future.
       I would appreciate your response to this letter, confirming 
     this understanding with respect to H.R. 2040, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the record.
           Sincerely,
                                                Charles B. Rangel,
     Chairman.
                                  ____



                                     House of Representatives,

                                    Washington, DC, March 6, 2008.
     Hon. Charles B. Rangel,
     Chairman, Committee on Ways and Means,
     Washington, DC.
       Dear Charlie: I am writing in response to your letter 
     regarding H.R. 2040, the ``Civil Rights Act of 1964 
     Commemorative Coin Act,'' which was introduced in the House 
     and referred to the Committee on Financial Services on April 
     25, 2007. It is my understanding that this bill will be 
     scheduled for floor consideration shortly.
        I wish to confirm our mutual understanding on this bill. 
     As you know, section 7 of the bill establishes a surcharge 
     for the sale of commemorative coins that are minted under the 
     bill. I acknowledge your committee's jurisdictional interest 
     in such surcharges as revenue matters. However, I appreciate 
     your willingness to forego committee action on H.R. 2040 in 
     order to allow the bill to come to the floor expeditiously. I 
     agree that your decision to forego further action on this 
     bill will not prejudice the Committee on Ways and Means with 
     respect to its jurisdictional prerogatives on this or similar 
     legislation. I would support your request for conferees on 
     these provisions within your jurisdiction should this bill be 
     the subject of a House-Senate conference.
       I will include this exchange of letters in the 
     Congressional Record when this bill is considered by the 
     House. Thank you again for your assistance.
                                                     Barney Frank,
                                                         Chairman.

                              {time}  1330

  Madam Speaker, I reserve the balance of my time.
  Mr. HELLER of Nevada. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, it's a great honor to rise today to support passage of 
legislation honoring the 50th anniversary of the Civil Rights Act of 
1964 with the minting of a commemorative $1 coin.
  It is a particular honor to be working on a bill sponsored by one of 
the heroes of the civil rights movement, Congressman John Lewis and my 
colleague Deborah Pryce.
  Madam Speaker, the Civil Rights Act is widely recognized as one of 
the most effective, influential pieces of legislation passed by the 
United States Congress in the last century. The statute helped 
dismantle the insidious system of legalized discrimination in voting 
and public accommodations in America and served as a model for 
subsequent civil rights laws. Equally important, the Civil Rights Act 
helped America belatedly reach the promise put forth by our Founding 
Fathers, that all men are indeed created equal.
  The Act is the bedrock for the America we know today, a Nation that 
recognizes the equal rights of the disabled, women, the elderly, 
minority citizens, and other groups as invaluable contributors to our 
society, and all inherently equally deserving of the protections 
afforded by our Constitution.
  The bill before us today provides for the minting of a Civil Rights 
Commemorative Coin, with the proceeds expected to raise up to $2.5 
million for the United Negro College Fund, providing scholarships and 
internships for minority students and assisting our Nation's 
Historically Black Colleges and Universities. As the bill honors our 
Nation's past, it helps to fund our Nation's future.
  Madam Speaker, it is a great honor for me to be joined in this 
legislative effort by Congressman John Lewis. Mr. Lewis, the principal 
sponsor, is a man whose courage, thoughtful advocacy, and leadership in 
the struggle for civil rights speaks for itself. His brave leadership 
in the first Selma to Montgomery march, and his support for nonviolent 
revolution in the face of the brutal attacks of that fateful Sunday are 
the very acts of courage the coin seeks to honor for future 
generations.
  It is especially auspicious that we are taking up the bill this week, 
because Friday marks the tragic 40th anniversary of the assassination 
of Dr. Martin Luther King, Jr. Today, we can help honor his legacy and 
his indelible and inalterable imprint on America by authorizing a 
tribute to his historic works in the form of a commemorative coin. 
While it is but a small tribute to a man who gave his life for our 
betterment, it is a permanent statement of gratitude from a Nation 
forever thankful for his vision, compassion, and determination.
  Madam Speaker, pick up any newspaper in the country and you will see 
that the topic of race relations continues to be an important part of 
our American dialogue. But we should not be a Nation that hides from 
its past. We cannot sweep our past mistakes under the rug and refrain 
from debate on topics that we might find uncomfortable. Rather, we must 
know that the fight for equality for all is never ending and that 
recognizing and understanding our Nation's past is critical if we are 
to ensure a just America for all in the future.
  The fight for civil rights continues, and the Civil Rights 
Commemorative Coin honors both our Nation's historic struggles and the 
promise for justice and equality for all the generations that will 
follow us.
  I urge immediate passage of this bill, Madam Speaker.
  Madam Speaker, I reserve the balance of my time.
  Mr. SCOTT of Georgia. Let me just extend my deep appreciation to the 
gentleman from Nevada (Mr. Heller) for his kind words. They were very 
touching and meaningful. Thank you very much.
  Now, Madam Speaker, if I may yield time to probably the most fitting 
and appropriate person to speak on this bill, the author of the bill, 
my friend and a man who has put his life on the line repeatedly for 
civil rights, for human rights and for making this country and the 
world the beloved place that we all seek. Let me yield as much time as 
he may need to my good friend, John Lewis of Georgia.
  Mr. LEWIS of Georgia. Madam Speaker, I want to thank my friends and 
my two colleagues for those kind words.
  I'm honored to stand here today as the chief sponsor of this 
legislation to recognize the brave and courageous men and women who 
paved the way for the historic, and necessary, set of laws we call the 
Civil Rights Act of 1964.
  We would not be standing here today with this bill being considered 
on the floor, with 313 cosponsors, without the help of my good friend 
and colleague, Representative Vic Snyder. Representative Snyder was a 
champion of this bill. I appreciate his support of this bill and the 
ideas behind it.
  I would also like to acknowledge Congresswoman Deborah Pryce for her 
willingness to cosponsor this bill with me.
  On December 1, 1955, Rosa Parks' brave act of defiance, refusing to 
give up her seat to a white person on a segregated bus in Montgomery, 
Alabama, galvanized the modern-day civil rights movement. I remember as 
a young child, 15 years old, listening to the radio and hearing about 
Rosa Parks and the voice of Martin Luther King, Jr.
  Their work inspired me and so many others to take up the cause of 
equality and join the movement. We must never forget the sacrifices 
that so many made.
  I am proud, very proud, to be the lead sponsor of this legislation, 
which celebrates the Civil Rights Act of 1964, and to remember those 
who fought for its passage.

[[Page 4658]]

  In 2014, the 50th anniversary of the 1964 Civil Rights Act, 
commemorative coins will be minted with the images of the brave men and 
women who fought, and even died, for these laws. These coins will serve 
as educational tools for our children and their children, so that the 
struggle that so many took part in will never, ever be forgotten.
  The Civil Rights Act of 1964 was necessary, and it was right to pass. 
It greatly expanded civil rights protections. It outlawed segregation 
and racial discrimination in public places, places of public 
accommodation, the workplace, and even in federally funded programs. It 
also pushed to end segregation in our Nation's schools.
  It is only right then that we are working with the United Negro 
College Fund to commemorate the 50th anniversary of this historic 
milestone. Discrimination in our education system was real. For many 
African Americans, their only hope for a college education was through 
a UNCF school. UNCF institutions were founded to provide an education 
for African Americans who were banned by law or by custom from seeking 
a college education in the all-white public and private universities of 
the South.
  Today, UNCF continues their important mission of opening the doors to 
a college education. Over 60 percent of UNCF-supported students are the 
first in their families to attend college. By helping to fund the UNCF, 
these coins will put in reach a college education for first-generation 
students while also helping to ensure these important institutions of 
higher education remain open for future and unborn generations.
  I'm proud to stand here today as we pay tribute to the 1964 Civil 
Rights Act and to remember those who made it possible. There is still 
much work to be done, and we must continue to fight today, tomorrow, 
and into the future.
  I urge all of my colleagues to vote for this bill.
  Mr. SCOTT of Georgia. Madam Speaker, now I would like to extend and 
yield 3 minutes to the gentleman from Illinois (Mr. Davis).
  Mr. DAVIS of Illinois. Madam Speaker, first of all, I want to thank 
Representative Scott from Georgia for yielding time, and I also want to 
commend the sponsor of this legislation and recognize his tremendous 
leadership in the struggle for human rights since his teen years when 
he was a mere lad. We heard him mention the age of 15, and that's about 
the time that he became actively engaged and involved in the struggle 
for human rights.
  This legislation highlights the Voting Rights Act of 1964, which even 
though all people in our country supposedly had the right to vote prior 
to that time, it provided the kind of protections that were necessary 
to make sure that those rights were not taken away, that those rights 
were not denied.
  I also want to commend Representative Lewis for his creative way of 
helping to raise money for the United Negro College Fund. I've been 
getting phone calls from my brother all week, and I know why he's 
calling me, because every year he and a friend of his, Jackis Casson, 
put on an event to raise money for the United Negro College Fund. And 
so he's been calling to solicit me to buy my tickets, and so the more 
money that we can generate through this legislation, the less money I 
might have to give.
  So I commend you so much and thank you so much.
  Mr. HELLER of Nevada. Madam Speaker, I yield back the balance of my 
time.
  Mr. SCOTT of Georgia. Madam Speaker, this has been an extraordinary 
occasion. It is very important to remember where we have been so that 
we will have a good guide to determine where we need to go, and we have 
done that this afternoon in not only memorializing this important Civil 
Rights Act, but using this memorial of the 50th anniversary of the 
passing of the Civil Rights Act to make a difference where it counts 
the most, and that is in helping with the education of our young 
people.
  We have, indeed, made a difference here today. I recommend this bill, 
and we feel very strongly that we will get a unanimous vote on this 
bill.
   Mr. BISHOP of Georgia. Madam Speaker, I rise today in support of 
H.R. 2040 which is authored by my good friend from the Georgia 
delegation, Mr. John Lewis.
   Almost 44 years ago, the Civil Rights Act was passed into law. The 
legislation was a long time in coming--in 1957 and 1960 similar 
legislation had failed to pass Congress, and many attempts were made to 
derail the bill that was eventually signed into law by President Lyndon 
Johnson on July 2, 1964.
   However, the period leading up to passage of the Civil Rights Act 
seemed to happen in the blink of an eye compared to the long and 
arduous journey we have endured since. Ensuring equality for men and 
women of every race, creed, and orientation, though fixed in our laws 
in 1964, was not immediately fixed in the hearts and minds of the 
American people.
   Martin Luther King once said, ``The arc of the moral universe is 
long, but it bends towards justice.''
   So it has been with civil rights in this country. And, just as 
passage of antidiscrimination legislation did not end social discord in 
1964, memorializing the Civil Rights Act on a coin from the U.S. 
Treasury, as H.R. 2040 proposes, does not mean discrimination has run 
its course in the United States. More than ever, as the United States 
struggles with the problem of so many foreign born living in this 
country, contemplates the idea of a black man or a woman as the 
President of this country, and negotiates with nations whose religion 
and morals differ widely from our own, we need to remember the values 
inherent in the Civil Rights Act.
   I commend Mr. Lewis and all the cosponsors for bringing this 
legislation to the floor and I urge all my colleagues to join us in 
support of it.
   Ms. JACKSON-LEE of Texas. I rise today in strong support of H.R. 
2040, requiring the Secretary of the Treasury to mint coins in 
commemoration of the semicentennial of the enactment of the Civil 
Rights Act of 1964, introduced by my distinguished colleague from 
Georgia, Representative John Lewis.
   I speak out today to commemorate the progress we have made in 
casting out the demons of prejudice and discrimination. I speak out 
today recognize the steps we have taken as a Nation to get closer to 
the American Creed. However, I must also speak out today to call 
attention to the progress we have yet to make in order to fulfill the 
tenants of Civil Rights Act of 1964. I speak out today to challenge 
this Nation to uphold our founding principles of equal opportunity for 
all, regardless of race, color, sex, religion and national origin.
   Though 44 years have passed since the passage of the Civil Rights 
Act of 1964, today, in 2008, we are still witnessing horrible 
violations of the principles of this act. To cite a recent example, in 
Waller County, Texas, an attempted disenfranchisement of Prairie View 
A&M University students continues today, although the U.S. Supreme 
Court affirmed Prairie View A&M University student voter rights in 
1979.
   On November 5, 2003, the Waller County, Texas district attorney 
requested that the county Elections Administration bar the students at 
Historically Black College Prairie View A&M University from voting 
locally by virtue of his unilateral interpretation of ``domicile'' for 
voting purposes. Texas voter registration law only requires a person to 
be a resident of the county at least 30 days prior to the elections. 
African-American students represent the majority of Prairie View A&M's 
student body of 7,000 members, and these students constitute a major 
voting bloc in Waller County. The district attorney's request sought to 
effectively disenfranchise African-American college students in this 
area; as such, this request suggested a form of voter intimidation and 
likely had the effect of denying or abridging the right to vote on 
account of race or color. Despite a prolonged dialog with Texas 
officials regarding this matter, relief from the pressures and 
intimidation experienced by the students when attempting to exercise 
their rights was never provided. This example does not stand alone 
among the long list of discriminatory acts that continue to plague our 
Nation.
   The Civil Rights Act of 1964 Commemorative Coin Act requires the 
Secretary of the Treasury to mint and issue, during 2014, up to 350,000 
$1 coins designed to be emblematic of the enactment of the Civil Rights 
Act of 1964 and its contribution to civil rights in America. This coin 
would symbolize our progress, commemorate the 50th anniversary of the 
Civil Rights Act of 1964, and serve as a constant reminder of the work 
we still have to do. The Civil Rights Act of 1964 Commemorative Coin 
Act would also provide a surcharge of $10 per coin. All surcharges 
received in conjunction with the sale of this coin

[[Page 4659]]

would be paid to the United Negro College Fund, UNCF. The $10 per coin 
surcharge will help the UNCF provide scholarships and internships for 
minority students. The money will also provide operating funds and 
technology enhancement services for 39 member historically Black 
colleges and universities throughout America.
   Madam Speaker, this important legislation would commemorate a 
landmark event in our history as Americans. By requiring the Secretary 
of the Treasurer to mint coins in commemoration of the semicentennial 
of the enactment of the Civil Rights Act of 1964, this legislation will 
celebrate our history, while also pushing us forward into a better 
future. For these reasons, I strongly support H.R. 2040 and urge all 
Members to do the same.
  Mr. SCOTT of Georgia. 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 Georgia (Mr. Lewis) that the House suspend the rules and 
pass the bill, H.R. 2040, 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.

                          ____________________




 EXPRESSING SUPPORT FOR A NATIONAL DAY OF REMEMBRANCE FOR HARRIET ROSS 
                                 TUBMAN

  Mr. DAVIS of Illinois. Madam Speaker, I move to suspend the rules and 
agree to the concurrent resolution (H. Con. Res. 310) expressing 
support for a national day of remembrance for Harriet Ross Tubman.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 310

       Whereas Harriet Ross Tubman was born into slavery in 
     Bucktown, Maryland, in or around 1820;
       Whereas in 1849 she escaped to Philadelphia and became a 
     ``conductor'' on the Underground Railroad;
       Whereas she was commonly referred to as ``Moses'' due to 
     her courage and sacrifice in leading many enslaved persons 
     out of bondage into freedom, endeavoring despite great 
     hardship and danger of being re-enslaved;
       Whereas Harriet Ross Tubman became an eloquent and 
     effective speaker on behalf of the movement to abolish 
     slavery;
       Whereas during the Civil War, Harriet Ross Tubman assisted 
     the Union Army as a cook, nurse, scout, spy, and became the 
     first woman to lead an armed expedition in the war, leading 
     to the liberation of more than seven hundred slaves;
       Whereas after the Civil War, she became active in the 
     women's suffrage movement and continued to fight for human 
     dignity, human rights, opportunity, and justice;
       Whereas in 1896, Harriet Ross Tubman purchased 25 acres of 
     land in Auburn, New York, to create a home and hospital for 
     indigent, aged, and sick African-Americans, which opened on 
     June 23, 1908, as the Harriet Tubman Home for the Sick and 
     Aged, becoming the only charity outside of New York City 
     dedicated to the shelter and care of African-Americans in New 
     York;
       Whereas in 1944 the United States Maritime Commission 
     launched the SS Harriet Tubman (Hull Number 3032), the first 
     Liberty ship ever named for an African-American woman;
       Whereas in 1978, Harriet Ross Tubman was the first honoree 
     in the United States Postal Service Black Heritage Stamp 
     Series;
       Whereas the Episcopal Church has designated Harriet Ross 
     Tubman a saint in its Book of Common Prayer;
       Whereas Harriet Ross Tubman, whose courageous and dedicated 
     pursuit of the promise of American ideals and common 
     principles of humanity continues to serve and inspire all 
     people who cherish freedom, died at her home in Auburn, New 
     York, on March 10, 1913;
       Whereas March 10, 1990, was designated as Harriet Ross 
     Tubman Day and States such as Delaware, Georgia, Maryland, 
     New York, and Texas host annual celebrations that honor the 
     life of Harriet Tubman; and
       Whereas we support honoring the contributions of Harriet 
     Ross Tubman annually on March 10: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That the Congress--
       (1) supports the designation of a national day of 
     remembrance for Harriet Ross Tubman; and
       (2) encourages the people of the United States to support 
     and participate in appropriate ceremonies, programs, and 
     other activities to commemorate a national day of remembrance 
     for Harriet Ross Tubman.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Davis) and the gentleman from Virginia (Mr. Davis) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. DAVIS of Illinois. Madam Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. DAVIS of Illinois. Madam Speaker, I yield myself such time as I 
might consume.
  As a member of the House Committee on Oversight and Government 
Reform, I am pleased to join my colleagues in the consideration of H. 
Con. Res. 310, which seeks to honor the life of Harriet Tubman and 
acknowledge the many sacrifices she made on behalf of freedom and the 
inalienable rights of all men and women.
  She was a steadfast warrior for the values which we cherish today: 
freedom, justice, and equality for all. Without her, these values would 
not have been enjoyed by the dozens of African Americans that she 
rescued from slavery, in addition to many more that she helped by her 
unwavering commitment to emancipation.

                              {time}  1345

  H. Con. Res. 310 was introduced by Representative Elijah Cummings of 
Maryland on March 5, 2008, and was considered by and reported from the 
Oversight Committee on March 13, 2008, by voice vote.
  The measure has the support of over 60 Members of Congress and 
provides our body a collective opportunity to recognize and pay tribute 
to a woman who dedicated her life to ensuring equality and freedom, 
which stand at the foundation of our country, were afforded to all of 
its citizens, including those enslaved in the South.
  Harriet Tubman was born Araminta Ross in 1820 to Harriet ``Rit'' 
Green and Ben Ross, a slave couple from Dorchester County, Maryland. 
From an early age, it was evident that Harriet Tubman was willing to 
put her life on the line to assist African Americans in escaping that 
peculiar institution we know as slavery. At 12 years old, she suffered 
a traumatic blow to the head from her overseer when she refused to help 
restrain a slave who was escaping. Due to the head injury she 
sustained, Harriet was plagued for the rest of her life with violent 
seizures and spells of unconsciousness.
  Yet despite these ailments, Harriet Tubman continued to press on. In 
1849 Harriet Tubman managed to escape from the plantation she worked 
on, located in the eastern part of Maryland. On her first trip up 
north, Tubman made great use out of the Underground Railroad and 
crossed over 90 miles to reach her final destination of Pennsylvania. 
Because of the dangers that lined every step of her journey, she had to 
travel at night, using the North Star for guidance. When she reached 
Philadelphia, she recalled that it felt like she was in heaven. Yet the 
memory of her family still in bondage caused Harriet to leave 
``heaven'' and voluntarily return to the land of her enslavement. After 
the decision to save her family, she spent the majority of her life 
bringing individuals out of slavery by way of the Underground Railroad. 
In fact, Tubman became known as Moses because of her relentless efforts 
to aid more and more African American slaves out of captivity.
  For 11 years Harriet Tubman risked her life to free over 70 slaves 
and their families. She also served as a Union spy during the Civil War 
and assisted abolitionist John Brown in recruiting men for the raid on 
Harpers Ferry in 1859. In the post-war era, Tubman devoted her efforts 
towards the women's suffrage movement up until her death in 1913. In a 
letter to honor her memory, Frederick Douglass wrote: ``Excepting John 
Brown, of sacred memory, I know of no one who has willingly encountered 
more perils and hardships to serve our enslaved people than she has.''

[[Page 4660]]

  Madam Speaker, let us honor this true patriot for the courage and 
tenacity that she has shown in the face of great danger and great 
adversity. Harriet Tubman deserves our utmost respect and gratitude for 
her unconquerable valor, her harrowing dedication, and her unshakable 
faith all in the name of freedom. Therefore, I urge swift passage of H. 
Con. Res. 310.
  Madam Speaker, I reserve the balance of my time.
  Mr. DAVIS of Virginia. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, I rise today in support of this resolution honoring 
Harriet Tubman.
  Madam Speaker, Harriet Tubman is an American icon. She exemplified 
the ideals of courage, loyalty, and commitment in the face of 
adversity. After escaping from slavery in 1849, she immediately 
returned to Maryland at great personal risk to rescue her family 
members and others still bound in slavery. Some of the houses she used 
to stow escaped slaves are but a few miles from this very Chamber.
  Over the course of her years as the self-described ``conductor'' of 
the Underground Railroad, Tubman led 13 missions into Maryland and 
rescued more than 70 slaves. She didn't stop with leading slaves to 
freedom. She also helped them find jobs, founded a community in Canada 
where freed slaves could be safe from fugitive slave laws, and later 
opened a home for elderly African Americans.
  Tubman played an integral role in the 1859 raid on Harpers Ferry, 
West Virginia. She helped John Brown contact freed slaves and garnered 
support from other abolitionists and sympathizers in Pennsylvania, 
Maryland, and Delaware. As a member of the Union Army during the Civil 
War, Tubman became the first woman in American history to lead an armed 
expedition. When slavery finally ended in the United States, she turned 
her considerable talents and energies towards the women's suffrage 
movement. She represented all that is great about America: the ability, 
the will, and the wherewithal to do that which is right and, more 
importantly, to do it for precisely that reason.
  Madam Speaker, I want to thank Mr. Cummings for introducing this 
resolution, and I thank Mr. Davis for helping us shepherd this through 
the committee, and I urge its adoption.
  Mr. KUCINICH. Madam Speaker, I rise today in strong support of H. 
Con. Res. 310: Expressing support for a national day of remembrance for 
Harriet Ross Tubman. I wish to thank Representative Cummings for 
sponsoring this important legislation.
  Harriet Tubman was a remarkable woman, whose courage, struggle and 
dedication inspires respect and awe. It is appropriate that the 
Episcopal Church honors her as a saint.
  Born into slavery, Harriet Ross did not know her exact date of birth. 
At the age of 12 years she refused to help a white overseer bind a 
recaptured slave. For her refusal she was hit in the head with a heavy 
rock; this injury was severe and its effects would plague her for the 
rest of her life. At the age of 30 Harriet Tubman would make her escape 
from slavery to Canada by way of Philadelphia where she met William 
Stills and learned about the workings of the Underground Railroad. 
Tubman would go on to free hundreds from slavery and became known as 
``Moses'' for her incredible bravery and sacrifice as she led the way 
to freedom as a ``conductor'' on the Underground Railroad. Harriet was 
a dedicated and outspoken member of the abolitionist movement.
  During the Civil War she provided services as a nurse, cook, scout 
and spy for the Union Army, but was refused payment for her wartime 
service. She became an active member of the women's suffrage movement 
and went on to establish the Harriet Tubman Home for the Sick and Aged 
in Auburn, NY, in 1908. She worked to maintain this home, the only one 
of its kind outside of New York City, dedicated to the care and 
sanctuary of African-Americans in New York.
  Harriet Tubman was a true heroine. I encourage the designation of a 
national day of remembrance to celebrate her life. I urge my colleagues 
to join me in support of H. Con. Res. 310.
  Ms. McCOLLUM of Minnesota. Madam Speaker, I rise today in support of 
House Concurrent Resolution 310, expressing support for a national day 
of remembrance for Harriet Ross Tubman.
  I am proud to be a co-sponsor of this resolution which recognizes the 
courage and sacrifice with which Harriet Tubman led slaves out of 
bondage and into freedom. Her work was an important part of moving the 
U.S. toward a more perfect Union.
  As an African-American woman who had been emotionally and physically 
abused by her owners, Harriet Tubman did the near impossible by freeing 
herself from a life of slavery. She also had the courage to continue on 
and help others, guiding hundreds of slaves out of abuse and fear and 
into freedom and respectful employment. Harriet Tubman not only fought 
against the most immediate inequalities experienced by African-American 
slaves, but reached out further, becoming active in the women's 
suffrage movement.
  While the Civil War has long since ended and slavery been abolished, 
many Americans continue to be enslaved by new forms of abuse and 
discrimination. Domestic violence and economic inequality imprison many 
today in fear and submission. Thankfully, Harriet Tubman's actions 
continue to inspire Americans to find the courage to help each other. 
In Minnesota, her legacy is alive in the activities of the Tubman 
Family Alliance agency, which provides safe passage from violence for 
women and children, and helps them achieve their own freedom, just as 
Harriet Tubman helped so many people achieve freedom.
  It is critical that we remember the courage with which this woman 
selflessly strove to help others despite the risk of enslavement and 
death. We must recognize and strive to emulate such bravery not just 
once a year, but all year. Madam Speaker, I urge my colleagues to join 
me in supporting this important resolution.
  Mr. TOWNS. Madam Speaker, I rise today in support of H. Con. Res. 
310, expressing support for a national day of remembrance for Harriet 
Ross Tubman.
  During the month of March, when we celebrate Women's History Month 
across the nation, it is important that we recognize and celebrate the 
immeasurable contributions of women such as Harriet Tubman, who bravely 
led our Nation in the abolitionist movement, taking enormous risks in 
her fight for the freedom and equality of all Americans.
  Harriet Tubman was not only an abolitionist, leading more than 700 
slaves to freedom, but served nobly in the Union Army during the Civil 
War as the first female to head an armed expedition.
  Following her accomplishments in the Civil War, Harriet Tubman went 
on to be a leader in the women's suffrage movement, diligently fighting 
for women's right to vote, and founded the Harriet Tubman Home for the 
Sick and Aged, a home and hospital to care for elderly and ailing 
African-Americans in New York.
  Her bravery and dedication to the principles of freedom and equality 
serve as a positive example to us today, as we continue working 
together to provide quality education, healthcare, housing, and 
opportunity to all Americans, regardless of race, gender or income.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in strong 
support of H. Con. Res. 310, expressing support for a national day of 
remembrance for Harriet Ross Tubman, introduced by my distinguished 
colleague from Maryland, Representative Cummings. Harriet Ross Tubman 
was an African-American abolitionist, humanitarian, and Union Spy 
during the United States Civil War and as such deserves to be honored 
for her brave service by members of the United States Congress.
  Harriet Tubman was born into slavery in Dorchester County, Maryland, 
of purely African ancestry. Harriet Tubman was born Araminta ``Minty'' 
Ross to slave parents, Harriet ``Rit'' Green and Ben Ross. Rit was 
owned by Mary Pattison Brodess and later her son Edward, while Ben was 
legally owned by Mary's second husband, Anthony Thompson, who ran a 
large plantation near the Blackwater River in Dorchester County, 
Maryland. Tubman was beaten and whipped often by her various owners as 
a child. Early in life she suffered a traumatic head wound when an 
irate slave owner threw a heavy metal weight at her, intending to hit 
another slave. The injury caused disabling seizures, headaches, and 
powerful visionary and dream activity, and spells of hypersomnia which 
occurred throughout her entire life.
  In 1849, Tubman became ill, and her value as a slave was diminished 
as a result. Edward Brodess tried to sell her but could not find a 
buyer. Angry at this effort and the unjust hold he kept on her 
relatives, Tubman began to pray for her owner, asking God to make him 
change his ways. After her sell was considered finalized she `switched' 
tactics on how she was praying and one week later Brodess died. Tubman 
expressed regret for her earlier sentiments. Ironically, Brodess's 
death increased the likelihood that Tubman would be sold and the family 
would be broken apart.

[[Page 4661]]

Tubman refused to wait for the Brodess' family to decide her fate, 
despite her husband's efforts to dissuade her. ``There was one of two 
things I had a right to,'' she says, ``liberty or death; if I could not 
have one, I would have the other.''
  Harriet Tubman was given a piece of paper by a white neighbor with 
two names, and told how to find her path to freedom. In 1849, Tubman 
escaped to Philadelphia. At the first house she was put into a wagon, 
covered with a sack, and driven to her next destination. Following the 
paper in route to Pennsylvania, she initially settled in Philadelphia, 
where she met William Still, the Philadelphia Stationmaster on the 
Underground Railroad. With the assistance of Still, and other members 
of the Philadelphia Anti-Slavery Society, she learned about the 
workings of the UGRR. She immediately returned to rescue her family. 
Slowly, one group at a time she brought relatives with her out of 
state, and eventually guided dozens of other slaves to freedom.
  Traveling by night with extreme caution, Tubman never lost a 
passenger. Heavy rewards were offered for many of the people she helped 
free, but no one knew it was Harriet Tubman who was helping them. When 
a far-reaching United States Fugitive Slave Law was passed in 1850, she 
helped guide fugitives further north into Canada, and helped newly-
freed slaves find work. In 1851 she began relocating members of her 
family to St. Catharines, Ontario, Canada West. North Street in St. 
Catharines remained her base of operations until 1857. While there she 
worked various odd jobs to finance her activities as a Conductor on the 
UGRR, and attended the Salem Chapel BME Church on Geneva Street. Word 
of her exploits had encouraged her family, and biographers agree that 
she became more confident with each trip to Maryland. As she led more 
and more individuals out of slavery, she became popularly known as 
``Moses''--an allusion to the prophet in the book of Exodus who led the 
Hebrews to freedom.
  When the American Civil War broke out in 1861, Tubman saw a Union 
victory as a key step toward the abolition of slavery. Tubman hoped to 
offer her own expertise and skills to the Union cause, too, and soon 
she joined a group of Boston and Philadelphia abolitionists heading to 
the Hilton Head District in South Carolina. She became a fixture in the 
camps, particularly in Port Royal, South Carolina, assisting fugitives. 
Tubman worked for the Union Army, first as a cook and nurse, and then 
as an armed scout and spy. The first woman to lead an armed expedition 
in the war, she guided the raid on the Combahee River, which liberated 
more than seven hundred slaves.
  Harriet Tubman, widely known and well-respected while she was alive, 
became an American icon in the years after her death. In all she is 
believed to have conducted approximately 300 persons to freedom in the 
North. The tales of her exploits reveal her highly spiritual nature, as 
well as a grim determination to protect her charges and those who aided 
them. She always expressed confidence that God would aid her efforts, 
and threatened to shoot any of her charges who thought to turn back. 
When she died, Tubman was buried with military honors at Fort Hill 
Cemetery in Auburn.
  Today, I seek to offer my condolences for her death, and also 
recognize her lifetime of accomplishments. For these reasons, I 
strongly support H. Con. Res. 310 and urge all my colleagues to do the 
same.
  Mr. RANGEL. Madam Speaker, I rise today in support of the House 
Congress Resolution 310. Resolution 310 proposes a national day of 
remembrance for Harriet Ross Tubman, a fearless champion for civil 
rights.
  Harriet Ross Tubman was a pioneer to say the least. For the better 
part of a decade, Tubman made over 13 trips South to escort more than 
300 hundred slaves to freedom. With no regard to her own well being, 
she sacrificed her own safety, so that countless other slaves could 
have the opportunity to realize and experience freedom, a right 
supposedly enshrined in our Constitution. Tubman was not merely a woman 
of steadfast conviction, principle and determination, but a hero and 
savior to those people who often had no hope. I am deeply humbled and 
inspired by her courage and bravery in the face of remarkable 
adversity.
  Harriet Tubman was a woman of unyielding principle, unparalleled 
courage and sheer grit. Therefore, I stand here today advocating House 
Congress Resolution 310 supporting the creation of a national day of 
remembrance for Harriet Tubman, a woman that inspires us all to stand 
and fight for freedom.
  Mr. DAVIS of Virginia. Madam Speaker, I yield back the balance of my 
time.
  Mr. DAVIS of Illinois. 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 Illinois (Mr. Davis) that the House suspend the rules 
and agree to the concurrent resolution, H. Con. Res. 310.
  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. DAVIS of Illinois. 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.

                          ____________________




  SUPPORTING THE GOALS AND IDEALS OF BORDERLINE PERSONALITY AWARENESS 
                                 MONTH

  Mr. DAVIS of Illinois. Madam Speaker, I move to suspend the rules and 
agree to the resolution (H. Res. 1005) supporting the goals and ideals 
of Borderline Personality Awareness Month, as amended.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 1005

       Whereas borderline personality disorder (BPD) affects the 
     regulation of emotion and afflicts approximately 2 percent of 
     the general population;
       Whereas BPD is a leading cause of suicide, as an estimated 
     10 percent of individuals with this disorder take their own 
     lives;
       Whereas BPD usually manifests itself in adolescence and 
     early adulthood;
       Whereas symptoms of BPD include self-injury; rage; 
     substance abuse; destructive impulsiveness; a pattern of 
     unstable emotions, self-image, and relationships; and may 
     result in suicide;
       Whereas BPD is inheritable and is exacerbated by 
     environmental factors;
       Whereas official recognition of BPD is relatively new, and 
     diagnosing it is often impeded by lack of awareness and 
     frequent co-occurrence with other conditions, such as 
     depression, bipolar disorder, substance abuse, anxiety, and 
     eating disorders;
       Whereas despite its prevalence, enormous public health 
     costs, and the devastating toll it takes on individuals, 
     families, and communities, BPD only recently has begun to 
     command the attention it requires;
       Whereas it is essential to increase awareness of BPD among 
     people suffering from this disorder, their families, mental 
     health professionals, and the general public by promoting 
     education, research, funding, early detection, and effective 
     treatments; and
       Whereas the National Education Alliance for Borderline 
     Personality Disorder and the National Alliance on Mental 
     Illness have requested that Congress designate May as 
     Borderline Personality Disorder Awareness Month as a means of 
     educating our Nation about this disorder, the needs of those 
     suffering from it, and its consequences: Now, therefore, be 
     it
       Resolved, That the House of Representatives supports the 
     goals and ideals of Borderline Personality Disorder Awareness 
     Month.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Davis) and the gentleman from Virginia (Mr. Davis) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. DAVIS of Illinois. Madam Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. DAVIS of Illinois. Madam Speaker, I yield myself such time as I 
may consume.
  As a member of the House Committee on Oversight and Government 
Reform, I am pleased to join my colleagues in the consideration of H. 
Res. 1005, as amended, which expresses support for greater recognition 
of the goals and ideals of Borderline Personality Awareness Month.
  H. Res. 1005 was introduced by Representative Tom Davis of Virginia, 
a longstanding member and leader on the Oversight and Government Reform 
Committee, on February 27, 2008, and has the support and cosponsorship 
of over 50 Members of Congress. The measure was considered by the 
Oversight panel on March 13, 2008, and was passed by voice vote at that 
time after being amended for technical purposes.

[[Page 4662]]

  Madam Speaker, while many people may not be aware of borderline 
personality disorder, it is a mental illness that is more common than 
bipolar disorder and schizophrenia and has been found to affect a 
little over 2 percent of adults, particularly young women.
  BPD, as it is commonly referred to as, is a serious mental illness 
characterized by pervasive instability in moods, interpersonal 
relationships, self-image, and behavior. The instability caused by this 
illness often leads to disruptions in one's family and work life, long-
term planning, and ultimately a person's sense of self-identity.
  Each and every one of us has a personality; however, for those 
individuals who suffer from personality traits that are inflexible, 
maladaptive, or psychologically disruptive, more research and awareness 
on borderline personality disorder is an absolute must. And that is why 
I rise in support of H. Res. 1005. Passage of this measure will help to 
raise the profile and the general public's understanding of borderline 
personality disorder and the corresponding BPD month of awareness.
  I commend Representative Davis from Virginia for introducing this 
legislation and urge its passage.
  Madam Speaker, I reserve the balance of my time.
  Mr. DAVIS of Virginia. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, mental illness affects Americans all across the 
Nation. It afflicts those of us from all races, colors, religions, and 
income levels. It doesn't wait for a convenient time to surface. It 
strikes indiscriminately, without regard to the challenges, pain, and 
anguish it visits upon the families and friends of its victims.
  It is important that we recognize the struggle people with these 
afflictions endure as they strive for a normal life. It is equally 
important we recognize the struggles visited upon those friends and 
family members who have to cope with the disease and, often, the victim 
him or herself.
  Today, this House will take an important step in raising awareness of 
a little known and often misunderstood mental illness. I urge my 
colleagues to join me in supporting the designation of May as 
Borderline Personality Awareness Month.
  Borderline personality disorder is a devastating psychiatric disorder 
caused by the inability of the afflicted individual to manage emotions 
effectively. Symptoms of this disorder include impulsivity, mood 
swings, episodes of rage, bodily self-harm, chaotic relationships, and 
fear of abandonment. Some people with this disorder can't hold a job. 
Others are high functioning. But in any case their private lives are 
often in turmoil.
  More than 3 million American adults have borderline personality 
disorder. Twenty percent of patients admitted to psychiatric hospitals 
have borderline personality disorder. Their victims have a suicide rate 
400 times that of the general population.
  Madam Speaker, these numbers call us to action. Although this 
disorder was officially recognized by the psychiatric community in 
1980, studies have shown it lags far behind in research, treatment 
options, and family education compared to other psychiatric disorders 
of similar prevalence. With passage of H. Res. 1005, this House will 
take an important step in spreading awareness of this disorder. Madam 
Speaker, the National Alliance on Mental Illness maintains a help line 
at 1-800-950-6264 for general information on mental illness. This help 
line can help those in need of assistance.
  I am proud to have sponsored this resolution and am greatly 
encouraged by our considering of it today. Passage of this will go a 
long way to increase awareness of its existence and the heavy toll this 
disorder takes on our society. I applaud the work the National Alliance 
on Mental Illness and the National Education Alliance on Borderline 
Personality Disorder have been doing throughout our Nation in this 
vital area.
  I urge my colleagues to join me in supporting this resolution.
  Mr. VAN HOLLEN. Madam Speaker, I rise in strong support of H. Res. 
1005, a resolution supporting the designation of May as Borderline 
Personality Disorder Awareness Month. I want to thank my colleague Tom 
Davis for his leadership on an issue that is very important to many 
Americans.
  Borderline personality disorder is a serious mental health illness 
that centers on the inability of people to manage their emotions 
effectively. Approximately 4 million Americans suffer from borderline 
personality disorder. Its symptoms include destructive impulsiveness, 
rage, marked shifts in mood, bodily self-harm, chaotic relationships, 
fears of abandonment, substance abuse, and unstable self-identity. 
Although it was officially recognized in 1980 by the psychiatric 
community, borderline personality disorder is at least two decades 
behind in research, treatment options, and education compared to other 
major mental illnesses.
  Borderline personality disorder can have a devastating impact on 
people's lives. While some persons with this disorder may be 
functioning normally in certain settings, their private lives are often 
in turmoil. Others are unable to work and require financial support. If 
Americans would like more information on borderline personality 
disorder, I encourage them to visit the National Education Alliance for 
Borderline Personality Disorder Web site at www.neabpd.org or the 
National Alliance on Mental Illness Web site at www.nami.org.
  Madam Speaker, this resolution acknowledges the pressing burden of 
those afflicted with borderline personality disorder and seeks to 
spread awareness of this under-recognized, and often misunderstood, 
mental illness. I urge my colleagues to support this resolution.
  Mr. DAVIS of Virginia. Madam Speaker, I yield back the balance of my 
time.
  Mr. DAVIS of Illinois. 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 Illinois (Mr. Davis) that the House suspend the rules 
and agree to the resolution, H. Res. 1005, 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. DAVIS of Virginia. 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.

                          ____________________




                              {time}  1400
 SUPPORTING THE GOALS, IDEALS, AND HISTORY OF NATIONAL WOMEN'S HISTORY 
                                 MONTH

  Mr. DAVIS of Illinois. Mr. Speaker, I move to suspend the rules and 
agree to the resolution (H. Res. 1021) supporting the goals, ideals, 
and history of National Women's History Month, as amended.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 1021

       Whereas the purpose of National Women's History Month is to 
     increase awareness and knowledge of women's involvement in 
     history;
       Whereas as recently as the 1970s, women's history was 
     rarely included in the kindergarten through grade 12 
     curriculum and was not part of public awareness;
       Whereas the Education Task Force of the Sonoma County 
     (California) Commission on the Status of Women initiated a 
     ``Women's History Week'' celebration in 1978 centered around 
     International Women's History Day, which is celebrated on 
     March 8th;
       Whereas in 1981, responding to the growing popularity of 
     women's history celebrations, Congress passed a resolution 
     making Women's History Week a national observance;
       Whereas during this time, using information provided by the 
     National Women's History Project, founded in Sonoma County, 
     California, thousands of schools and communities joined in 
     the commemoration of National Women's History Week, with 
     support and encouragement from governors, city councils, 
     school boards, and Congress;
       Whereas in 1987, the National Women's History Project 
     petitioned Congress to expand the national celebration to 
     include the entire month of March;
       Whereas educators, workplace program planners, parents, and 
     community organizations in thousands of American communities, 
     under the guidance of the National Women's History Project, 
     have turned National Women's History Month into a major local 
     learning experience and celebration;

[[Page 4663]]

       Whereas the popularity of women's history celebrations has 
     sparked a new interest in uncovering women's forgotten 
     heritage;
       Whereas the President's Commission on the Celebration of 
     Women in American History was established to consider how 
     best to acknowledge and celebrate the roles and 
     accomplishments of women in American history;
       Whereas the National Women's History Museum was founded in 
     1996 as an institution dedicated to preserving, interpreting, 
     and celebrating the diverse historic contributions of women, 
     and integrating this rich heritage fully into the Nation's 
     teachings and history books;
       Whereas the House of Representatives recognizes March, 
     2008, as National Women's History Month; and
       Whereas the theme of National Women's History Month for 
     2008 is visionary female artists and their contribution to 
     our cultural heritage: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) supports the goals and ideals of National Women's 
     History Month;
       (2) recognizes and honors the women and organizations in 
     the United States that have fought for and continue to 
     promote the teaching of women's history; and
       (3) reaffirms its commitment to promoting National Women's 
     History Month, which this year honors female artists.

  The SPEAKER pro tempore (Mr. Serrano). Pursuant to the rule, the 
gentleman from Illinois (Mr. Davis) and the gentleman from Virginia 
(Mr. Davis) each will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. DAVIS of Illinois. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield such time as she might 
consume to the author of this legislation, Representative Lynn Woolsey 
of California.
  Ms. WOOLSEY. Mr. Speaker, March was the 20th Annual National Women's 
History Month. That is why I am so pleased to introduce H. Res. 1021, a 
resolution to recognize and honor this National Women's History 
Celebration.
  In America, women were once considered second-class citizens, whose 
rights were restricted from voting to property ownership, actually. But 
here we are today; one woman is a major candidate for President of our 
Nation and another woman is Speaker of the House of Representatives.
  Sadly, until the late 1970s, women's history wasn't taught in many of 
our schools, and was almost completely absent in media coverage and 
cultural celebrations. That is why the Education Task Force of the 
Sonoma County Commission on the Status of Women, which I chaired, 
initiated a Women's History Week Celebration in 1978. This celebration 
centered around International Women's History Day.
  The National Women's History Project, located in my district, was 
founded in 1980 by many dedicated women who poured their hearts and 
their ideas into promoting and expanding the weeklong celebration. With 
the help of several dedicated women, including Mary Ruthsdotter, Molly 
Murphy MacGregor, Maria Cuevas, Paula Hammett, and Betty Morgan, 
thousands of schools and communities joined in the commemoration of 
Women's History Week by bringing specific lessons on women's 
achievements into the classroom, by staging parades to engage 
neighborhoods in the celebration.
  Their hard work, their dedication paid off. The celebration started a 
national movement. And in 1981, Congress responded to the growing 
popularity of Women's History Week by making it a national observance 
and eventually expanding the week to a month in 1987. Imagine what 
American history lessons would be today without the inclusion of 
Harriet Tubman's Underground Railroad operation, or Mary Katherine 
Goddard, who was the first person to print the Declaration of 
Independence with the names of all the signers included.
  Mr. Speaker, today I ask my colleagues to join me in reaffirming our 
commitment to the celebration of women's history by supporting H. Res. 
1021 that will ensure that our grandchildren and our great 
grandchildren learn and care about women like Amelia Earhart and 
eventually of course the first woman President.
  Mr. Speaker, I want to thank Chairman Waxman, I want to thank Ranking 
Member Davis, and Chairman Davis for supporting this resolution, as 
they have continually supported the efforts of all women. Supporting 
this resolution will make it impossible to study American history 
without remembering the contributions of women as well. So I thank you 
all.
  Mr. DAVIS of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Let me start by thanking and congratulating the gentlelady from 
California for bringing this resolution to the floor. It was given a 
lot of thought. This is something that I think is very, very important, 
and I am honored to speak in support of H. Res. 1021, recognizing and 
celebrating Women's History Month.
  Each March we express appreciation for the brilliance, bravery and 
determination women have demonstrated throughout U.S. history. Women in 
the United States often found themselves second-class citizens in their 
own country. They have had to fight for many of the rights men always 
have enjoyed; to vote, to own property, even in some cases, to be 
obtain an education.
  From the iron will of Abigail Adams, wife of John Adams and mother of 
John Quincy Adams, who wrote that women, ``will not ourselves bound by 
any laws which we have no voice,'' to the reforms advanced by Lucretia 
Mott, Elizabeth Cady Stanton, and Susan B. Anthony, women have stood 
for their country by standing up for themselves.
  The contributions made by women to our Nation can't be overlooked. 
Clara Barton, a Civil War nurse, founded the American Red Cross. Amelia 
Earhart was a pioneer in aviation. Harriet Tubman, who we honored 
earlier today, an escaped African American slave, risked everything to 
bring others to freedom as the conductor of the Underground Railroad. 
The Women's Suffrage Movement finally made America whole.
  Today, American women enjoy many of the fruits of these early labors. 
They serve at or near the highest levels of government, business and 
other positions of power and influence. The doors to careers, education 
and achievement seem as open to them as to men. But that doesn't mean 
the struggle is over or that heroines of the past should be forgotten.
  Mr. Speaker, I ask all Members to join me by supporting this 
resolution. I want to again thank Representative Woolsey for bringing 
this to our attention and thank Chairman Waxman and Chairman Davis for 
their assistance in bringing this to the floor.
  I reserve the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I too want to thank and commend Representative Woolsey 
for her introduction of this legislation. I also want to thank the 200 
women who attended a town hall meeting which I held in my district on 
Sunday in recognition of Women's History Month. I want to thank 
Reverend Helen Cooper, Pastor of the Westside Center of Truth Church 
for being the host.
  As a member of the House Committee on Oversight and Government 
Reform, I am pleased to join my colleagues in the consideration of H. 
Res. 1021, as amended, which is designed to provide recognition and 
support for National Women's History Month, which just ended yesterday 
with the conclusion of the month of March.
  H. Res. 1021 was first introduced by Representative Lynn Woolsey of 
California on March 3, 2008, and has the support and cosponsorship of 
80-plus Members of Congress, both men and women from both sides of the 
aisle. The measure was considered by the Oversight panel on March 13, 
2008, and was passed by voice vote after being amended for technical 
purposes.
  Mr. Speaker, I guess it's only accurate to say that history, whether 
American or International, would not have been written as it is without 
the

[[Page 4664]]

role of women. But all too often the vast significance of women 
throughout history goes unnoticed and under appreciated, which is why 
organizers in Sonoma County, California, established back in 1978 a 
public celebration of women's history, calling it Women's History Week. 
In 1987, Congress expanded the celebration to a month, and March was 
declared Women's History Month.
  Since the 1970s, we in America have seen notable growth in the study 
and expansion of women's history. In fact, today almost every college 
offers women's history courses and most major graduate programs offer 
doctoral degrees in this important field.
  Even today, we continue to witness history makers. From our very own 
Speaker of the House, to top Presidential contenders, business women, 
scientists and athletes, women are clearly making key contributions to 
our communities, our country, and our world. As we celebrate female 
artists and their contributions to our cultural heritage as this year's 
theme of National Women's History Month, let us as a body once again 
elevate and support the goals, ideas and history of Women's History 
Month and pass the measure at hand.
  Mr. DAVIS of Virginia. I yield back the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, it's now my pleasure to yield 
such time as she might consume to Representative Tsongas of 
Massachusetts.
  Ms. TSONGAS. Mr. Speaker, I rise today to commemorate National 
Women's History Month, and particularly this year's focus on female 
artists. I commend the organizations and communities across the country 
that celebrated Women's History Month by educating people about the 
many contributions women in the arts have made. My hometown of Lowell, 
Massachusetts, is a great example.
  The hard work of members of the Lowell community made Lowell Women's 
Week 2008 a great success by bringing together diverse organizations 
that held art displays and workshops all around women's art and 
history. In Lowell, women's commitment to the arts coincided with the 
cities founding as this country's first planned industrial city. At the 
time of its founding in the late 19th century, the young women working 
the textile mills also published a literary magazine of essays and 
poetry entitled: The Lowell Offering.
  Without commemorative months like this one, some of our most 
interesting women's history would be forgotten. This resolution rightly 
honors female artists of the past. But I also salute the many women who 
throughout our communities tirelessly support the arts through 
philanthropic means or with their time and effort.
  I hope the passage of this resolution today does not mark the end of 
a month of remembrance, but is a catalyst for renewed interest in 
learning what great women of the past have given us.
  Mr. TOWNS. Mr. Speaker, I rise today in support of H. Res. 1021, 
supporting the goals, ideals, and history of National Women's History 
Month.
  As recently as the 1970s, women's history was largely unaddressed in 
school curriculum and among the general public. In 1987, the National 
Women's History Project petitioned Congress to expand the national 
celebration of Women's History from 1 week to the entire month of 
March. Since then, the National Women's History Month Resolution has 
passed both Chambers of Congress with bipartisan support each year.
  Throughout my tenure in Congress, I have been a strong supporter of 
Women's Rights, such as guaranteeing that women and families have 
adequate time to care for themselves and family members when they 
become ill, without facing the loss of job security and wages. As a 
member of the Health Subcommittee, I have worked diligently with my 
colleagues in Congress to bring increased awareness and services for 
women's health issues, such as early detection and treatment of ovarian 
cancer. Since its inception in 1987, Women's History Month, under the 
guidance of the National Women's History Project, has become a renowned 
celebration of the accomplishments of women everywhere, recognizing the 
limitless opportunities that women have in the modern world, and 
generating a renewed interest in the rich cultural heritage of women.
  This year during Women's History Month, we celebrate female artists 
and their contribution of originality, beauty, and imagination to the 
art world. I hope that we will continue to work together in Congress to 
support the cultural contributions of women, and critical women's 
rights and women's health issues, not only during Women's History 
Month, but year round.
  Mrs. TAUSCHER. Mr. Speaker, I rise today in support of House 
Resolution 1021, which supports the goals and ideals of National 
Women's History Month and pays honor to those who promote the teaching 
of women's history.
  I commend the National Women's History Project, which was founded in 
northern California, for establishing the legacy of Women's History 
Month; and I thank Congresswoman Woolsey, a fellow Californian, for 
bringing this important resolution to the floor today.
  From the earliest days of our great Republic, women have been 
marginalized throughout many parts of society. But as our country has 
developed, so too have the rights and responsibilities of women. In 
1917, Jeanette Rankin blazed a path for women in Congress, putting the 
first crack in our country's highest glass ceiling. Only 3 years later, 
our Nation ratified the 19th Amendment, guaranteeing that political 
enfranchisement in America will never be denied due to gender. In 1964, 
the Civil Rights Act extended gender protections to the workplace and 
beyond. And as Members of the 110th Congress, we have the privilege to 
serve alongside a woman who ably executes this institution's highest 
office and who is the most senior female in American political history.
  However, the journey from disenfranchisement and marginalization is 
not complete. Women working full time still earn 80 cents to every 
dollar earned by men. In this House--the greatest representative body 
in the world--the number of women serving is hardly proportional to the 
population we represent.
  In addressing these persistent inequities, I believe we will be well 
served by a thorough understanding of the great strides taken by women 
in the past. A study of women's history is a study of America's path 
toward greater equality and liberty. The story of women in our country 
lights the way to the fulfillment of our highest ideals.
  Mr. Speaker, this resolution honors the decision made over two 
decades ago to set aside time for the teaching of women's history, and 
it highlights the salience of women's history as we chart a course for 
the future. I commend Ms. Woolsey for her leadership on this issue, and 
I urge my colleagues to join in affirming the importance of National 
Women's History Month.
  Ms. HERSETH SANDLIN. Mr. Speaker, I affirm today my support for H. 
Res. 1021, supporting the goals, ideals, and history of National 
Women's History Month. I am proud to be an original cosponsor of this 
resolution demonstrating the commitment of the House of Representatives 
to promoting National Women's History Month, which this year celebrates 
female artists and their contribution of originality, beauty, and 
imagination to the world of art.
  I am proud that my home state of South Dakota has a strong tradition 
of women in the arts and I would like to thank South Dakotans for the 
Arts for its work promoting the arts and supporting women artists in my 
home state. I'd like to describe for my colleagues some of the talented 
and remarkable women artists and authors that have found inspiration in 
hills and prairies of South Dakota.
  Women in South Dakota have done the work of art throughout our 
history, beginning with our First Peoples and continuing today.
  Native American women practice traditional art forms passed from 
generation to generation, adapting changes in materials and technique 
to add beauty and new texture to the traditional art. Their work 
includes the quillwork and quilts of Alice New Holy Blue Legs and 
Nellie Star Boy Menard, as well as the contemporary silver of Linda 
Szabo and paintings of Joanne Bird.
  Some of South Dakota's pioneer women artists arrived in the Dakota 
Territory after studying at major schools of art in New York, Boston, 
Chicago, and Paris. They helped to bring the artistic disciplines of 
the East and Europe to the Northern Plains. As new colleges and 
universities were opened in what is present-day South Dakota, women 
helped to found departments of art and joined the teaching faculty.
  In South Dakota, these pioneer artists and teachers included two very 
influential women who contributed both through their own artwork and 
through their dedication to their students.
  Grace French, born in 1858, arrived in Rapid City, Dakota Territory 
in 1885. She painted the remarkably beautiful landscapes of the area 
with color and subtlety, adding poetry

[[Page 4665]]

and beauty to the popular imagination of the Plains and the West.
  Ada Bertha Caldwell was born in 1869 and graduated from the School of 
the Art Institute in Chicago. She accepted a position at Springfield 
College at Yankton, South Dakota. In 1900, she founded the Department 
of Art at what is now South Dakota State University, and was a teacher 
and major influence for Harvey Dunn, a noted illustrator and painter of 
pioneer life on the South Dakota prairie.
  South Dakotans also celebrate the many talented women in literature 
that have enriched our lives and deepened our understanding of a sense 
of place and history with their stories. American favorites from South 
Dakota include Laura Ingalls Wilder, Linda Hasselstrom, Kathleen Norris 
and Virginia Driving Hawk Sneve.
  For these few examples and numerous others, I am pleased to join with 
my colleagues today to honor these women artists and authors. May their 
contributions continue to provide joy, education, and inspiration to 
future generations on the Northern Plains and throughout our Nation.
  Mr. FARR. Mr. Speaker, I rise today to recognize Women's History 
Month. April was designated as Women's History Month in 1987 to honor 
women and the achievements they have made throughout the years. I want 
to pay special tribute to my female colleagues in the California 
delegation.
  I am proud that California has led the way in electing women to some 
of the highest offices in the federal government. Currently, there are 
19 women from California in the House of Representatives, more than any 
other state. Among these are the Speaker of the House, a Chair and a 
vice-Chair, and 12 subcommittee Chairs. These women, who hold 
leadership positions, wield an enormous amount of power that was un-
heard-of just a couple of decades ago.
  In the fall of 2006, the American people elected the Democrats to the 
majority and as a result, they put into motion a process that would 
ultimately break one of the ``glass ceilings'' for women in politics. 
After she was sworn in, Nancy Pelosi, the first ever female Speaker of 
the House said, ``It says to women everywhere that not only a glass 
ceiling but a marble ceiling can be broken and that anything is 
possible.'' This was an historical day for women, not only from the 
United States, but from around the world. I have talked to numerous 
women who have mentioned watching this momentous occasion on TV.
  These women hold their positions in part because of the hard work of 
women like Jeannette Rankin of Montana, who served from 1917-1919 and 
again in 1941-1943; Mae Ella Nolan of California, who served from 1923-
1925; Florence Kahn of California, who served from 1925-1937; and Helen 
Douglas of California, who served from 1945-1951. These women were 
pioneers in the field of politics at a time when politics was a man's 
purview. Thanks to these women, we have elected the first woman Speaker 
of the House, who is third in line for the Presidency.
  Mr. Speaker, I pay tribute to the women across the country, and 
around the world, who have made history by their varied 
accomplishments. And the women who have come before you and have helped 
lead the way for women in the political arena.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H. Res. 1021, expressing support for the goals, ideals, and history 
of National Women's History Month. I would like to thank my friend and 
colleague, Congresswoman Woolsey, for introducing this legislation, 
which I am proud to cosponsor. Let me also thank the chairman of the 
Oversight and Government Reform Committee, Chairman Waxman, for 
bringing this resolution before us today.
  The purpose of National Women's History Month is to increase 
awareness and knowledge of women's involvement in history. I strongly 
believe that it is vital to honor the originality, beauty, imagination, 
and multiple dimensions of women's lives. As recently as the 1970s, 
women's history was rarely taught in schools, and was not part of 
public awareness. To address this situation, the Education Task Force 
of the Sonoma County, California, Commission on the Status of Women 
initiated a ``Women's History Week'' celebration for 1978. In 1981, in 
response to the growing popularity of women's history celebrations, 
Congress passed a resolution making Women's History Week a national 
observance. Within a few years, thousands of schools and communities 
across the country were celebrating National Women's History Week.
  The popularity of women's history celebrations has sparked a new 
interest in uncovering women's forgotten heritage. Under the guidance 
of the National Women's History Project, educators, workplace program 
planners, parents and community organizations in thousands of American 
communities have turned National Women's History Month into a major 
celebration and a springboard for celebrating women's history all year 
round.
  Mr. Speaker, in the early days of our great Nation, women were 
relegated to second class status. Women were considered sub-sets of 
their husbands, and after marriage they did not have the right to own 
property, maintain their wages, or sign a contract, much less vote. It 
was expected that women be obedient wives, never to hold a thought or 
opinion independent of their husbands. It was considered improper for 
women to travel alone or to speak in public.
  The fight for women's suffrage was formally begun in 1848, and, in 
1919, after years of petitioning, picketing, and protest parades, the 
19th amendment was passed by both Houses of Congress; it was ratified 
the following year.
  However, the right to vote did not give women equal rights, and 
subsequent decades saw an ongoing struggle for equality. A major 
success came with Title IX of the Education Amendments of 1972. This 
law, enacted in June 1972, states ``No person in the United States 
shall, on the basis of sex, be excluded from participation in, be 
denied the benefits of, or be subjected to discrimination under any 
education program or activity receiving Federal financial assistance.''
  Title XI, introduced by Congresswoman Patsy Mink, also notable as the 
first Asian American woman elected to Congress, has opened countless 
doors to educational activities, perhaps most prominently including 
high school and collegiate athletics, to women. Congresswoman Mink's 
legacy lives on as, each year, hundreds of women across the Nation 
participate in NCAA athletics, learn teamwork and perseverance, earn 
scholarships enabling them to study at college, and enjoy equal footing 
with men in the academic arena.
  Mr. Speaker, I am proud to pay tribute to the women, local heroes, of 
my district. Women like Ramona Tolliver, long time Fifth Ward resident, 
former precinct chair, founding board member of Fifth Ward Community 
Redevelopment Corporation, member of Our Mother of Mercy Catholic 
Church, and member of the Metropolitan Organization, who is still 
actively advocating for her community. Women like Nellie Joyce Punch, 
long time Fifth Ward resident, retired educator at Phyllis Wheatley 
High School, former precinct chair, founding board member of Fifth Ward 
Community Redevelopment Corporation, member of the Methodist Church, 
also actively working on behalf of her community. Both Ms. Tolliver and 
Ms. Punch are active in Houston's Fifth Ward, where they act as the 
conscience for the community, calling for change and actively working 
to better our city.
  Women like Dr. Charlesetta Deason, principal of Houston's DeBakey 
High School for Health Professions. Dr. Deason helms a school that 
offers students interested in science and health careers an alternative 
to the traditional high school experience, located in the renowned 
Texas Medical Center and boasting an ethnically diverse faculty and an 
excellent introductory study of medicine.
  Or women like Harris County Commissioner Sylvia Garcia, the first 
Hispanic and first woman to be elected in her own right to the office. 
Commissioner Garcia is active in the Houston community, and she has 
served on more than 25 community boards and commissions, including the 
San Jacinto Girl Scouts, the Houston Hispanic Forum, the American 
Leadership Forum, the Texas Southern University Foundation, and the 
Institute of Hispanic Culture.
  As a Nation, we have come a long way toward recognizing the important 
role women play, not only in our local communities, but in our Nation 
as a whole. Since 1917, when Representative Jeannette Rankin of Montana 
became the first woman to serve in Congress, 243 more women have served 
as U.S. Representatives or Senators. In 1968, Shirley Chisholm became 
the first African American woman elected to Congress; I am now proud to 
be one of 13 African American women serving in this body.
  In addition, we are now, for the first time, under the leadership of 
a woman Speaker of the House. Speaker Pelosi has led this Democratic 
Congress in a new direction, listening to the will of the American 
people, as it was clearly expressed last November.
  Mr. Speaker, the great tragedy of women's history is that, many 
times, the history of women is not written down. Too often, throughout 
the course of history, the contributions of women have gone unrecorded, 
unheralded, and are now forgotten. And so, Mr. Speaker, during Women's 
History Month, we do not stand here only to remember the Eleanor 
Roosevelts, Harriet Tubmans, and Rosa Parks, women who are now 
celebrated in our schools and history books, but also the millions of 
female unsung heroes who built this Nation, and who made it truly 
great.

[[Page 4666]]

  I would like to pay special tribute to women, mothers, and 
grandmothers across the country. In particular, I would like to draw 
attention to the growing phenomenon of grandparents raising children. 
As of 1996, 4 million children were being raised by their grandparents, 
and statistics published the following year indicated that more than 
one-tenth of all grandparents provided the primary care for their 
grandchildren for at least 6 months and typically much longer. These 
numbers continue to grow, and these grandparents, generally ineligible 
for financial or social support, often suffer greatly to provide a safe 
and loving home for these children.
  In addition, Mr. Speaker, we pay tribute to the brave women who serve 
proudly in our Nation's military. We have come a long way since the 
first American woman soldier, Deborah Sampson of Massachusetts, who 
enlisted as a Continental Army soldier under the name of ``Robert 
Shurtlief.'' Women served with distinction in World War II: 350,000 
American women served during World War II, and 16 were killed in 
action. In total, they gained over 1,500 medals, citations, and 
commendations. In December 1989, CPT Linda L. Bray, 29, became the 
first woman to command American soldiers in battle, during the invasion 
of Panama.
  The war in Iraq marks the first time in American history that a 
substantial number of the combat wounded are women. 350,000 women are 
serving in the U.S. military--almost 15 percent of active duty 
personnel, and one in every seven troops in Iraq is a woman. Women play 
a role in nearly all types of military operation, and they have time 
and time again demonstrated extreme bravery, courage, and patriotism.
  I would particularly like to honor one of our heroic daughters: Army 
SPC Monica L. Brown. Brown is the first woman in Afghanistan and only 
the second female soldier since World War II to receive the Silver 
Star, the Nation's third-highest medal for valor. Army SPC Monica Brown 
was part of a four-vehicle convoy patrolling near Jani Kheil in the 
eastern province of Paktia on April 25, 2007, when a bomb struck one of 
the Humvees. After the explosion, in which five soldiers in her unit 
were wounded, Brown ran through insurgent gunfire and used her body to 
shield wounded comrades as mortars fell less than 100 yards away. Army 
Specialist Brown, a native Texan, represents the best of our Nation's 
fighting men and women, and she clearly demonstrates that the admirable 
qualities of patriotism, valor, and courage know no gender.
  Mr. Speaker, Women's History Month is an opportunity for all 
Americans to reflect on the women who have built, strengthened, and 
maintained this great Nation. Women who have often gone unrecognized 
and unheralded for their great achievements, sacrifices, and 
contributions. I ask my colleagues to join me in paying tribute to the 
women in their communities, in their families, and in their lives.
  I, along with the residents of the 18th Congressional District of 
Texas, recognize the unique contributions of women throughout the 
course of American history. I ask my colleagues to join me in 
supporting this resolution.
  Mr. SHULER. Mr. Speaker, I rise today in support of H. Res. 1021, 
honoring the goals, ideals, and history of National Women's History 
Month, which recognizes the women and organizations in the United 
States, past and present, who have fought for and continue to promote 
women's rights and history. This resolution will ensure that the legacy 
of gender equality continues and that the struggles of those who came 
before us and fought for equality are not forgotten.
  The revolutionary ideas of equality on which our Nation was built 
took a long time to be extended to the whole population. The abolition 
movement of the mid-1800s fought for the equal treatment of men 
regardless of race and brought together many female activists, such as 
Elizabeth Cady Stanton and Lucretia Mott. These women went on to host 
the 1848 Seneca Falls Convention, where many women gathered in a large 
public forum to discuss women's rights and expressed themselves through 
a Declaration of Sentiments, which was based on our Nation's founding 
document.
  Although over 70 years passed between this momentous gathering and 
the passage and ratification of the 19th amendment, the work and 
dedication of women pushing for the right to vote and equal treatment 
under the law is a lasting legacy. We are reminded daily of the 
successes of the women's suffrage movement as we walk through the 
United States Capitol Rotunda and pass the portrait monument to 
Lucretia Mott, Elizabeth Cady Stanton, and Susan B. Anthony.
  Without the diligent work and dedication of those women who strove 
for equal representation in Government, we would not have been able to 
have you, Ms. Pelosi, serve as the first female Speaker of our House of 
Representatives.
  Mr. Speaker, I urge my colleagues today to vote for this important 
resolution that will give due honor and respect to the women of America 
past and present with the celebration of National Women's History 
Month.
  Mr. DAVIS of Illinois. Mr. Speaker, I had some other speakers who had 
intended to be here. Unfortunately, they have not arrived, and I would 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Davis) that the House suspend the rules 
and agree to the resolution, H. Res. 1021, 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. DAVIS of Illinois. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




                    CODY GRATER POST OFFICE BUILDING

  Mr. DAVIS of Illinois. Mr. Speaker, I move to suspend the rules and 
pass the bill (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''.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5168

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

     SECTION 1. CODY GRATER POST OFFICE BUILDING.

       (a) Designation.--The facility of the United States Postal 
     Service located at 19101 Cortez Boulevard in Brooksville, 
     Florida, shall be known and designated as the ``Cody Grater 
     Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the ``Cody Grater Post Office Building''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Davis) and the gentleman from Virginia (Mr. Davis) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. DAVIS of Illinois. I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.

                              {time}  1415

  Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, as a member of the House Committee on Oversight and 
Government Reform, I am pleased to join my colleagues, particularly the 
gentlewoman from the Sunshine State of Florida, in consideration of 
H.R. 5168, which names the postal facility in Brooksville, Florida, 
after a fallen hero, Army Specialist Cody Grater.
  Introduced on January 29, 2008, H.R. 5168 is offered by Congresswoman 
Ginny Brown-Waite, Representative of Florida's Fifth Congressional 
District, and is cosponsored by the State's entire congressional 
delegation. Congresswoman Ginny Brown-Waite's measure, H.R. 5168, was 
reported from the Oversight Committee on February 26, 2008, by voice 
vote.
  This morning's postal naming bill honoring Specialist Grater brings 
to life the tragic yet heroic story of another American soldier who 
gave his life in service to this great country of ours.
  A native of Spring Hill, Florida, Specialist Cody Grater was 
tragically killed on July 29, 2007, when his guard position was struck 
by a rocket-propelled grenade near Baghdad in Iraq. Specialist Grater 
was only 20 years old when he lost his life in the line of duty

[[Page 4667]]

as a member of the 407th Brigade Support Battalion, 2nd Brigade Combat 
Team, 82nd Airborne Division out of Fort Bragg, North Carolina.
  The son of Anita Lewis and Larry Decker, Cody Grater joined the Army 
in April of 2006, and for his service, although short-lived, he has 
been awarded the Bronze Star Medal and the Purple Heart. It is reported 
that during his burial service at Florida National Cemetery in 
Bushnell, Florida, the streets were lined for miles with well-wishers 
and people waving flags, saluting and crying in tribute to a true 
American hero.
  Mr. Speaker, let us also join that host of well-wishers, loved ones 
and friends of Specialist Cody Grater and pass H.R. 5168, designating 
the Cortez Boulevard Post Office Building in Brooksville, Florida, in 
his honor.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DAVIS of Virginia. Mr. Speaker, I yield such time as she may 
consume to the author of this legislation, the gentlewoman from Florida 
(Ms. Ginny Brown-Waite).
  Ms. GINNY BROWN-WAITE of Florida. I thank the gentleman for 
recognizing me.
  Mr. Speaker, I rise today in support of my bill, H.R. 5168, which 
will rename the post office on Cortez Boulevard in Brooksville, 
Florida, after Private First Class Cody Grater. Cody was a resident 
from my district who lived in Spring Hill. He gave the ultimate 
sacrifice, his life, for his country while serving in Iraq.
  Cody Grater joined the Army in 2006 when he was only 19 years old. 
Actually, my grandson went to high school with him, so this tragedy 
certainly did hit home with our family. Cody was proud to be serving 
his country and hoped to make a career out of his service in the Army. 
By the time of his death in July 2007, Cody had received the Purple 
Heart, the Bronze Star Medal, the Combat Action Badge and many other 
honors.
  While serving on guard duty in Baghdad, the rooftop where Cody stood 
guard was struck by a rocket-propelled grenade. Just two weeks earlier, 
Cody been on leave in Florida with his family, where he was telling 
people about his previous experiences in Iraq, sharing it with his 
friends, family and former high school mates. Even though he was just 
at the halfway point of his tour of duty, Cody expressed plans to 
reenlist after his initial service in the Army was completed.
  I hope that this act of renaming the post office will memorialize 
Cody's brave and selfless life. Cody Grater epitomizes the courage and 
patriotism of our volunteer military, and we must never forget his 
great sacrifice to our Nation.
  I urge my colleagues to support this bill, which rightfully honors 
Cody Grater.
  Mr. DAVIS of Illinois. Mr. Speaker, I continue to reserve my time.
  Mr. DAVIS of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of this legislation to rename 
the post office located at 19101 Cortez Boulevard in Brooksville, 
Florida, in honor of Private First Class Cody Grater.
  Private First Class Grater's love for his country can't be disputed, 
of course. He joined the U.S. Army as soon as he finished Springstead 
High School in Florida, and then made the ultimate sacrifice, laying 
down his life for the country he held dear.
  Growing up in Hernando County, Florida, Cody enjoyed working with 
cars and reading military-themed books. This, of course, led him to 
join the Army in April of 2006, where he was assigned to the 40th 
Brigade Battalion, 2nd Brigade Command Team, and then reassigned to the 
82nd Airborne Division.
  On July 29, 2007, Private First Class Grater was standing post on a 
rooftop of an outpost in Baghdad when he and a fellow comrade were 
struck by a rocket-propelled grenade. Tragically, 20-year-old Pfc. 
Grater was killed.
  Among his many awards and decorations for his remarkable achievements 
were the Bronze Star, Purple Heart, National Defense Service Medal, 
Iraq Campaign Medal, Global War on Terrorism Medal, Army Service Ribbon 
and the Combat Action Badge.
  Pfc. Grater loved serving his country and firmly believed he was 
making a difference. With gratitude for his bravery and sacrifice to 
our country, I ask all Members to join me in voting to rename the post 
office located at 19101 Cortez Boulevard in Brooksville, Florida, in 
his honor.
  I want to thank Ms. Ginny Brown-Waite for bringing this legislation 
forward, and Chairman Waxman and Chairman Davis for their assistance in 
moving this to the floor today.
  Mr. Speaker, I yield back the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Davis) that the House suspend the rules 
and pass the bill, H.R. 5168.
  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.

                          ____________________




  PAYING ATTORNEYS OF INDIGENT DEFENDANTS IN THE DISTRICT OF COLUMBIA

  Mr. DAVIS of Illinois. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 5551) to amend title 11, District of Columbia 
Official Code, to implement the increase provided under the District of 
Columbia Appropriations Act, 2008, in the amount of funds made 
available for the compensation of attorneys representing indigent 
defendants in the District of Columbia courts, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5551

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

     SECTION 1. IMPLEMENTATION OF INCREASE PROVIDED IN FUNDING FOR 
                   COMPENSATION OF ATTORNEYS REPRESENTING INDIGENT 
                   DEFENDANTS IN DISTRICT OF COLUMBIA COURTS.

       (a) Increase in Hourly Rate.--Section 11-2604(a), District 
     of Columbia Official Code, is amended by striking ``$65 per 
     hour'' and inserting ``$80 per hour''.
       (b) Increase in Caps on Total Compensation Paid for 
     Particular Cases.--Section 11-2604(b), District of Columbia 
     Official Code, is amended to read as follows:
       ``(b) The compensation to be paid to an attorney appointed 
     pursuant to this chapter shall not exceed the following 
     maximum amounts:
       ``(1) For representation of a defendant before the Superior 
     Court of the District of Columbia for misdemeanors or 
     felonies, the maximum amount set forth in section 3006A(d)(2) 
     of title 18, United States Code, for representation of a 
     defendant before the United States magistrate judge or the 
     district court for misdemeanors or felonies (as the case may 
     be).
       ``(2) For representation of a defendant before the District 
     of Columbia Court of Appeals, the maximum amount set forth in 
     section 3006A(d)(2) of title 18, United States Code, for 
     representation of a defendant in an appellate court.
       ``(3) For representation of a defendant in post-trial 
     matters for misdemeanors or felonies, the amount applicable 
     under paragraph (1) for misdemeanors or felonies (as the case 
     may be).''.

     SEC. 2. EFFECTIVE DATE.

       The amendments made by this Act shall apply with respect to 
     cases and proceedings initiated on or after the date of the 
     enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Davis) and the gentleman from Virginia (Mr. Davis) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. DAVIS of Illinois. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield such time as she might 
consume to the author of this legislation, the gentlewoman from the 
District of Columbia (Ms. Norton).
  Ms. NORTON. Mr. Speaker, I thank the gentleman for yielding, and I 
especially thank him for his alacrity and

[[Page 4668]]

the expert way in which he has carried this bill quickly to and through 
the process.
  Mr. Speaker, this is a no-cost bill. Indeed, the appropriations for 
an increase in the amounts paid to these attorneys has been 
appropriated.
  This is another of those District of Columbia anomalies. The courts 
of the District of Columbia operate through payments from the 
appropriations of the Congress of the United States and the judges are 
Title I attorneys. Therefore, District of Columbia judges may not use 
the funds that have been appropriated to raise the hourly rate of these 
attorneys, who are essential to the functioning, particularly of the 
criminal justice system, but also of the civil justice system, in the 
District of Columbia. They supplement the Public Defender Service of 
the District of Columbia.
  These attorneys have not had their hourly rates raised since 2002, 
when they were set at $65 per hour. They have requested $80 per hour. 
They are being granted $80 an hour, this in spite of the fact that the 
rate of inflation has been between 3 and 4 percent a year. They, of 
course, had in mind that they went some years where their rates did not 
keep up with the rates of other attorneys who serve Federal courts. Of 
course, they recognize that we are not going to raise their rates every 
year, but this is what the Congress is willing to do at this time.
  It does seem to me that the last thing we want to do is to slow down 
in particular criminal justice processing in the District of Columbia, 
particularly where there are already funds from the Appropriations 
Committee available, and when the failure to spend them only comes from 
a jurisdictional technicality, where we and we alone can indeed 
authorize the spending of these funds.
  What H.R. 5551 does is simply accomplish this authorization. I am 
very, very grateful to Chairman Davis for bringing this bill forward so 
quickly.
  Mr. DAVIS of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of this legislation. I am pleased it 
has moved so quickly through the committee and is being considered by 
the House today.
  When I was chairman of the DC Subcommittee, Congress enacted 
legislation I sponsored known as the National Capital Revitalization 
and Self-Government Improvement Act of 1997. This law in part granted 
Congress authority over the District's court system in matters relating 
to public defender services. The law also amended the D.C. Home Rule 
Act to the same effect.
  H.R. 5551, authored by Ms. Norton, would authorize a provision of the 
D.C. Appropriations Act of 2008 which increased from $65 per hour to 
$80 per hour the amount of compensation for attorneys representing 
indigent clients before the District of Columbia Superior Court.
  The current compensation rate of $65 per hour was established in 
fiscal year 2002, an increase from the previous rate of $50 per hour. 
Attorneys representing indigents in similar cases before U.S. District 
Courts are compensated at a rate of $100 per hour. No opposition to 
this bill was raised, either during the committee hearing or at the 
committee markup.
  I urge my colleagues to support this legislation. Again, I thank Ms. 
Norton for bringing this forward, and Chairman Waxman and Chairman 
Davis for moving this ahead so quickly. I think this needs to be 
enacted.
  Mr. Speaker, I yield back the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I may 
consume.
  As a member of the House Committee on Oversight and Government 
Reform, I stand with my colleague, Congresswoman Eleanor Holmes Norton 
from our Nation's Capital, the District of Columbia, in consideration 
of H.R. 5551, which will provide for a much-needed increase in the 
compensation paid to attorneys assigned to represent indigent clients 
in the DC court system.
  Congresswoman Norton and I introduced this measure on March 6, 2008. 
On March 11, 2008, the Subcommittee on Federal Workforce, Postal 
Service, and the District of Columbia held a hearing to examine aspects 
of the legislation, and on March 13, 2008, the Committee on Oversight 
and Government Reform considered and passed the bill out of committee 
by voice vote.
  H.R. 5551 calls for an increase in the hourly pay rate from $65 to 
$80 for Criminal Adjusters Act, CJA attorneys, representing indigent 
defendants in the DC courts. The measure would also increase the caps 
on the total compensation paid to these attorneys per case type to be 
equal to the total compensation paid to attorneys representing similar 
clients in Federal Court.

                              {time}  1430

  The increased compensation rate for CJA attorneys practicing in DC 
courts would only apply to cases that proceeded or initiated on or 
after the date of enactment of the Act.
  Mr. Speaker, a core element of our unique democracy is the right and 
requirement that every citizen, regardless of income or socioeconomic 
class, be afforded adequate counsel or representation when confronting 
judicial proceedings. In fact, one of the most important decisions in 
this area of law was handed down by the U.S. Supreme Court in 1942, 
when it held that the Sixth Amendment required the government afford 
indigent defendants with competent counsel. The measure we have before 
us further reiterates this fundamental concept by helping to ensure 
that the DC court system is in a competitive position to attract the 
best and brightest lawyers to represent the indigent. And so, Mr. 
Speaker, I urge passage of H.R. 5551.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Davis) that the House suspend the rules 
and pass the bill, H.R. 5551.
  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.

                          ____________________




PRESERVING EXISTING JUDGESHIPS ON THE SUPERIOR COURT OF THE DISTRICT OF 
                                COLUMBIA

  Mr. DAVIS of Illinois. Mr. Speaker, I move to suspend the rules and 
pass the Senate bill (S. 550) to preserve existing judgeships on the 
Superior Court of the District of Columbia.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                 S. 550

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

     SECTION 1. COMPOSITION OF SUPERIOR COURT.

       Section 903 of title 11 of the District of Columbia Code is 
     amended by striking ``fifty-eight'' and inserting ``61''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Davis) and the gentleman from Virginia (Mr. Davis) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. DAVIS of Illinois. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield such time as she might 
consume to the distinguished gentlelady from the District of Columbia, 
Delegate Eleanor Holmes Norton.
  Ms. NORTON. Again, thank you, Mr. Chairman, because your quick action 
on these matters affecting criminal and civil justice in the District 
of Columbia could not be more important to us. I appreciate the 
expertise of you and your staff in moving this bill forward.
  Like the prior bill, Mr. Speaker, this is not a home-rule matter, 
because the courts involved are Federal courts, article 1 courts. 
Indeed, this matter

[[Page 4669]]

started with the Senate of the United States which approves the judges 
of the DC Superior Court and confirms them as it confirms judges of 
other Federal courts. This bill again may be difficult to understand, 
but it is equally without additional cost to the Federal Government.
  This House was vigilant to see to it that the District of Columbia 
now has a reformed family court as a part of the Superior Court system. 
And may I thank the prior then-majority leader, Mr. DeLay, who worked 
so closely with me on this bill and saw to it that the bill was funded, 
that there were additional judges, and that essentially a court which 
had not been revised for 30 years is now a state-of-the-art family 
court.
  However, the Congress in its concern that children and families have 
adequate processing through this court mandated that there be at least 
15 of these judges who would be family court committed judges only. The 
purpose was to keep or to repair the prior circumstance where these 
matters were distributed to the full 58 judges in the ordinary course 
of business. By segregating these matters out, these matters involving 
families and children, we sought to see to it that they were handled 
quickly and efficiently.
  Congress never intended, however, to reduce the number of judges 
available to important criminal and civil matters, but in fact the cap 
has had that effect. So we have had an anomalous situation where the 
President of the United States, seeing a vacancy in the superior court 
unrelated to the family court, simply goes ahead and does what he is 
supposed to do; he nominates somebody to in fact fill that vacancy. But 
because of the cap which says you have got to have at least 15 of the 
judges to be family court judges, and with no increase in the number of 
judges, that person is sitting out there or standing out there, as you 
may, waiting for a vacancy to occur in the superior general part of the 
court as opposed to the family court.
  What this bill does is to recognize what Congress intended in the 
first place, and that is to do no harm to either section. So, there 
would be a full cadre of family court judges, but certainly to do no 
harm to the processing of civil and criminal court judges. Therefore, 
to retain the kind of balance we had before, we would have to raise the 
number of judges available to the superior court; and that would mean, 
instead of 58 as the at-now raise reads, you would have 61.
  Importantly, Mr. Speaker, you will note that there is no cost to the 
Federal Government. And both the chairman and I went to great lengths 
to make sure that we were not talking about increased appropriations. 
The court has assured us, and we have done our homework to assure 
ourselves, that the amount is already available in the appropriations 
that come to the Superior Court. All that is needed is for us to free 
up, if I may say so, the President of the United States so his nominees 
can in fact take their seats when in fact they are nominated.
  Mr. DAVIS of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  I will be brief. I think Ms. Norton outlined the history of this and 
why we are where we are today.
  Unlike a lot of legislation that comes to the floor on the District 
of Columbia, this actually emanated in the Senate, with Senators Akaka, 
Lieberman, and Voinovich joining hands to bring this. This legislation, 
S. 550, increases the total number of judgeships on the Superior Court 
from 58 to 61.
  In response to reports of abuse and neglect in child family services 
cases pending in the DC Superior Court in 2001, Congress created the 
family court in the district and assigned a dedicated cadre of judges 
to handle child and family cases. The legislation before us today is 
essentially a technical correction to the Family Court Act we enacted 
in 2001, increasing the cap on the number of judges in the DC Superior 
Court to accommodate the creation of this new family court.
  I want to thank Chairman Waxman and Subcommittee Chairman Davis for 
moving this legislation so expeditiously to the floor. I urge my 
colleagues to support this bill.
  I yield back the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I 
might consume.
  Mr. Speaker, as a member of the House Committee on Oversight and 
Government Reform, I am pleased to join my colleagues in the 
consideration of S. 550, which reserves existing judgeships on the 
Superior Court of the District of Columbia by increasing the cap on the 
number of judges that can serve on the court. Senate Bill 550 would 
increase the number of associate judges permitted to serve on the DC 
Superior Court from 58 to 61.
  In accordance with the terms of the National Capital Revitalization 
and Self-Government Act of 1997, Congress now wields legislative and 
funding authority over the District of Columbia court system. Under the 
terms of this arrangement, section 11-903 of the District of Columbia 
Official Code established an overall limit of 58 on the number of 
judges that may be seated on the Superior Court. The current limit of 
58 is in addition to a chief judge.
  However, in 2001, Congress passed the DC Family Court Act, and 
included in the Act a new provision that allowed the previously 
established limit on the number of judges to be exceeded only to 
appoint additional family court judges. As a result of this provision, 
the current number of associate superior court judges, combined with 
the 15 judges now seated on the DC Family Court, the cap of 58 has now 
been exceeded. This means that judgeship vacancies in the superior 
court cannot be filled unless additional retirements occur, which has 
led to delays in judicial proceedings, increased costs from prolonged 
litigation, and case backlogs. S. 550 would address these issues by 
increasing the number of associate judges from 58 to 61.
  S. 550, which was first introduced by Senator Daniel Akaka, passed 
the Senate under unanimous consent on February 4, 2008, and on March 
11, 2008 the Subcommittee on Federal Workforce Postal Service in the 
District of Columbia held a hearing to examine aspects of the 
legislation. The bill was then considered by the Committee on Oversight 
and Government Reform, where it passed by voice vote. Mr. Speaker, I am 
hopeful that we, too, can approve Senate Bill 550 with overwhelming 
support from both sides of the aisle.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Davis) that the House suspend the rules 
and pass the Senate bill, S. 550.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________




       ESTABLISHING MARCH 2008 AS NATIONAL CRIMINAL JUSTICE MONTH

  Mr. CONYERS. Mr. Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 945) raising awareness and promoting education 
on the criminal justice system by establishing March 2008 as ``National 
Criminal Justice Month''.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 945

       Whereas there are approximately three million Americans 
     employed within the justice system;
       Whereas approximately seven million adults are on 
     probation, parole, or are incarcerated;
       Whereas millions of Americans have been victims of crime 
     and, consequently, lost income, incurred medical expenses, 
     and suffered emotionally;
       Whereas the cost of crime to individuals, communities, 
     businesses, and the various levels of government exceeds the 
     billions of dollars spent each year in administering the 
     criminal justice system;
       Whereas, in 2006, fifty percent of Americans admitted they 
     fear that their home would be burglarized when they are not 
     home; thirty-four percent of American women feared that they 
     would be sexually

[[Page 4670]]

     assaulted; and forty-four percent of Americans feared they 
     would be a victim of a terrorist attack;
       Whereas approximately thirty-five percent of Americans have 
     very little or no confidence in the criminal justice system 
     and the negative effects of crime in regard to confidence in 
     governmental agencies and overall social stability are 
     immeasurable;
       Whereas crime rates have dropped since the early 1990s, but 
     most Americans believe that the rate of crime is increasing;
       Whereas Federal, State, and local governments increased 
     their spending for police protection, corrections, judicial, 
     and legal activities in fiscal year 2005 by 5.5 percent or 
     $204 billion; and
       Whereas there is a need to educate Americans and to promote 
     awareness within American society as to the causes and 
     consequences of crime, as well as the strategies and 
     developments for preventing and responding to crime: Now, 
     therefore, be it
       Resolved, That--
       (1) it is the sense of the House of Representatives that--
       (A) National Criminal Justice Month provides an opportunity 
     to educate Americans on the criminal justice system; and
       (B) Americans should be aware of the causes and 
     consequences of crime, how to prevent crime, and how to 
     respond to crime; and
       (2) the House of Representatives urges policymakers, 
     criminal justice officials, educators, victim service 
     providers, nonprofits, community leaders, and others to 
     promote awareness of how to prevent and respond to crime 
     through National Criminal Justice Month.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Conyers) and the gentleman from Texas (Mr. Gohmert) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. CONYERS. Mr. 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. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, Members of the House, the measure before us calls 
attention to a critically important issue, the state of our Nation's 
criminal justice system. We do this by designating March as National 
Criminal Justice Month, because it will serve to raise awareness of the 
causes and consequences of crime, as well as our crime prevention 
efforts. It is a subject and an area that, for too long, we have not 
paid close attention to, and it is our feeling that this designation 
will have a great impact upon our work.
  Millions of Americans have been victimized by crimes, and many 
millions more pass through our criminal justice system. We have more 
than 2 million Americans behind bars, I am sad to say. This means that 
almost one out of every 100 Americans is incarcerated. Among African 
American men between the ages of 20 and 34, one in nine are behind 
bars. What a tragedy. What a waste of human life and potential.
  The New York Times observed, ``We have become a prison nation.''

                [From the New York Times, Mar. 10, 2008]

                             Prison Nation

       After three decades of explosive growth, the nation's 
     prison population has reached some grim milestones: More than 
     1 in 100 American adults are behind bars. One in nine black 
     men, ages 20 to 34, are serving time, as are 1 in 36 adult 
     Hispanic men.
       Nationwide, the prison population hovers at almost 1.6 
     million, which surpasses all other countries for which there 
     are reliable figures. The 50 states last year spent about $44 
     billion in tax dollars on corrections, up from nearly $11 
     billion in 1987. Vermont, Connecticut, Delaware, Michigan and 
     Oregon devote as much money or more to corrections as they do 
     to higher education.
       These statistics, contained in a new report from the Pew 
     Center on the States, point to a terrible waste of money and 
     lives. They underscore the urgent challenge facing the 
     federal government and cash-strapped states to reduce their 
     overreliance on incarceration without sacrificing public 
     safety. The key, as some states are learning, is getting 
     smarter about distinguishing between violent criminals and 
     dangerous repeat offenders, who need a prison cell, and low-
     risk offenders, who can be handled with effective community 
     supervision, electronic monitoring and mandatory drug 
     treatment programs, combined in some cases with shorter 
     sentences.
       Persuading public officials to adopt a more rational, cost-
     effective approach to prison policy is a daunting prospect, 
     however, not least because building and running jailhouses 
     has become a major industry.
       Criminal behavior partly explains the size of the prison 
     population, but incarceration rates have continued to rise 
     while crime rates have fallen. Any effort to reduce the 
     prison population must consider the blunderbuss impact of 
     get-tough sentencing laws adopted across the United States 
     beginning in the 1970's. Many Americans have come to believe, 
     wrongly, that keeping an outsized chunk of the population 
     locked up is essential for sustaining a historic crime drop 
     since the 1990's.
       In fact, the relationship between imprisonment and crime 
     control is murky. Some portion of the decline is attributable 
     to tough sentencing and release policies. But crime is also 
     affected by things like economic trends and employment and 
     drug-abuse rates. States that lagged behind the national 
     average in rising incarceration rates during the 1990's 
     actually experienced a steeper decline in crime rates than 
     states above the national average, according to the 
     Sentencing Project, a nonprofit group.
       A rising number of states are broadening their criminal 
     sanctions with new options for low-risk offenders that are a 
     lot cheaper than incarceration but still protect the public 
     and hold offenders accountable. In New York, the crime rate 
     has continued to drop despite efforts to reduce the number of 
     nonviolent drug offenders in prison.
       The Pew report spotlights policy changes in Texas and 
     Kansas that have started to reduce their outsized prison 
     populations and address recidivism by investing in ways to 
     improve the success rates for community supervision, 
     expanding treatment and diversion programs, and increasing 
     use of sanctions other than prison for minor parole and 
     probation violations. Recently, the Supreme Court and the 
     United States Sentencing Commission announced sensible 
     changes in the application of harsh mandatory minimum drug 
     sentences.
       These are signs that the country may finally be waking up 
     to the fiscal and moral costs of bulging prisons.

  Each year, we on all of our criminal justice systems spend more than 
$200 billion. The Pew Center Report states that Connecticut, Delaware, 
my own State of Michigan, Oregon, and Vermont spend as much or more 
money on corrections as they do on higher education. I think this is a 
disgraceful circumstance, and the policies of simply incarcerating 
increasing numbers of Americans without real opportunities for 
rehabilitation fail those who go through the criminal justice system, 
but, more than that, it hurts and diminishes every American.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1445

  Mr. GOHMERT. Mr. Speaker, I yield myself such time as I may consume.
  I appreciate Mr. Conyers, chairman of the Judiciary Committee, for 
whom I have great respect. This bill was on the calendar to take up in 
weeks past, but it was pulled a number of times, resulting in it being 
taken up at this time. We are grateful that it has been allowed to come 
to the floor.
  I rise in support of House Resolution 945, and I want to commend my 
good friend and fellow Texan, and also fellow recovering judge, Ted 
Poe, the original sponsor of this legislation, for his dedication and 
commitment to the issue of criminal justice.
  The goal of this resolution is to raise awareness and promote 
education of the criminal justice system by establishing March as the 
National Criminal Justice Month. It is important that Congress 
encourages Americans to learn more about the criminal justice system, 
and the approximately 3 million Americans who work within the system.
  As a former prosecutor, judge and chief justice, I have been honored 
to be involved with some of our Nation's best who work in the criminal 
justice system for some time. Throughout that experience, I have been 
consistently impressed with the professionalism and the ability of the 
public servants who work in the field of criminal justice. These brave 
and dedicated Americans work every day to make our country safe for 
ourselves and for our families.
  Further, it is important to recognize the gains that have been made 
in combating crime across the Nation. Crime rates began dropping within 
the last 20 years as more tools were given to law enforcement and the 
more dangerous criminals have been locked up for longer periods of 
time, though there are some who are working to reverse that decade-long 
trend.

[[Page 4671]]

  I have great respect, as I said, for the Judiciary Committee 
chairman, who mentioned the reference to this being called a prison 
nation; and it is tragic that we have so many people who are locked up. 
I must say that one of the things that concerned me and drove me from 
the bench were having an increasing number of people who ended up in 
the criminal justice system before me as a district judge, having 
allegedly committed felonies, and in the cases I am talking about where 
they admitted them, told about their background, had testimony about it 
in court, but it began to break my heart.
  Back in the 1960s, we had legislation called The Great Society 
legislation that was well intentioned. There were single mothers that 
were seen to be trying to survive with only a deadbeat father to help. 
And the Federal Government looked, saw the need and said let's help 
these people. They began giving checks to women for each child born out 
of wedlock. And I began having more and more young mothers, some older 
mothers, who would have a child out of wedlock, many times encouraged 
to do so by people they respected and loved, and they found out rather 
quickly that check will not allow the individual to live a decent 
living and take care of the child. So they would have another child, 
thinking that two checks would help, and then three.
  It broke my heart that our Federal Government had lured people into a 
rut and not given them a way out. So it is important that we be careful 
in considering legislation that we pass. Of course, everybody has to be 
responsible for their own actions, but the legislation we pass is 
important, and I think it is wonderful that my friend, Mr. Poe, has 
sponsored this legislation, and that our chairman, Mr. Conyers, has 
encouraged this and supported it, in establishing March as the National 
Criminal Justice Month.
  Congress will provide an opportunity now to educate Americans through 
this designation about the criminal justice system, and will make 
Americans more aware of causes and consequences of crime, as well as 
how to prevent crime and how to respond to crime. This resolution will 
also recognize and applaud the efforts of law enforcement officials, 
judges, court staff, and the many probation and parole officers who 
work with offenders to help them reintegrate into the community. Those 
are all important positions. We appreciate them all. I urge my 
colleagues to support the resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I only have a little bit more to add, and 
so I yield myself a little more time.
  This measure is a good one even though it comes a little late. Some 
may have noticed that this is for a celebration in March, and this is 
April. The reason is that we couldn't get it on the schedule before 
now, but there were many celebrations in connection with this matter 
that occurred.
  I want to commend the judge and distinguished member of the Judiciary 
Committee from Texas who is managing the bill for his personal comments 
that he has brought to this matter today. I can imagine the kinds of 
things that not only him but members of the judiciary across this 
country are seeing, heartbreaking incidents, circumstances and 
experiences.
  There are so many people that are incarcerated, they are in prison 
because of nonviolent offenses, of sentencing procedures that are 
really out of the hands of the court. People think of the unlimited 
powers of the judiciary. Many times they are restricted in terms of 
what it is they can do and how they can handle the matters that come 
before their courts.
  I am impressed that our colleague would tell us of some of the things 
that move him in his experience in the judiciary. Now I don't want to 
think that he was driven from the judiciary to the Congress because 
that is like jumping out of the frying pan into the fire; but I am 
happy that he serves on the committee with great distinction, and we 
always are pleased to be able to work together on these kinds of 
matters.
  In that spirit, I urge the support of H. Res. 945.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GOHMERT. Mr. Speaker, I yield such time as the right honorable 
Judge Poe may consume.
  Mr. POE. Mr. Speaker, I want to thank the gentleman for yielding, and 
I also want to thank the chairman for moving this piece of legislation.
  I introduced this legislation to declare March as National Criminal 
Justice Month, and the purpose is to educate Americans on how important 
our justice system is and encourage discussion on how to prevent and 
respond to criminal conduct.
  Our criminal justice system employs over 3 million Americans at the 
local, State and Federal levels of the government. And the word and the 
emphasis should be on the phrase ``justice system'' because it involves 
the cooperation of law enforcement and prosecutors, courts, 
correctional officers, and many other persons.
  In my former life, I spent 8 years as a prosecutor in the Houston 
area, and then I spent 22 years on the criminal court bench in Houston, 
hearing over 25,000 felony cases.
  When I came to Washington, DC, I established the bipartisan Victims 
Rights Caucus to advocate on behalf of crime victims and law 
enforcement. It is apparent to me that victims need a voice in 
Congress. They don't have high paid and high-dollar lobbyists; they 
expect Members of Congress to be their advocates.
  Each year, millions of Americans become victims of criminal conduct, 
everything from stealing to homicide, and these individuals do not 
choose to become victims. They are thrown into the criminal justice 
system without ever having a say. The devastating consequences of crime 
remain with the victims long after the crime is over with; and the 
purpose of the criminal justice system is to provide closure for 
victims and punish people who commit crimes against the rule of law, 
which is society's rules of law.
  I hope this resolution encourages communities to discuss the causes 
and the consequences and long-term effects of criminal conduct. When a 
crime occurs, a community must respond by apprehending the individual 
and ensuring appropriate punishment if that person is found guilty, 
and, of course, helping the victim that is in need.
  According to the Bureau of Justice Statistics, 35 percent of 
Americans have little or no confidence in our criminal justice system. 
It is unfortunate that one-third of the people in this country feel 
that way. If you turn on your local news each night, the first thing 
that most local newscasts have is the latest crime that has been 
committed in a neighborhood. It is mostly bad news, and much of that 
bad news is about criminal conduct. Americans should have more 
confidence in our criminal justice system. I am convinced that our 
criminal justice system is the best system in the world.
  I had the opportunity to visit the former Soviet Union. They don't 
have a criminal justice system. They just have a system. The same is 
true with China, when I visited their system on how they administer 
their laws. There is no justice in that system. It is just a system.
  And here in the United States, we do have the best criminal justice 
system in the world on determining the guilt of an individual and 
giving defendants and victims of crime certain rights in the court, and 
maintaining the worth of the individual. Every year individuals, 
communities, businesses, and all levels of government spend millions 
and billions of dollars administering our justice system. The cost of 
crime is not cheap, and the aftermath of crime is not cheap either. Yet 
the price is worth it because of the price we pay to ensure our order, 
safety and appropriate punishment for those who fail to follow our 
laws.
  As my fellow Texan and former judge, Judge Gohmert, has mentioned 
time and time again, there are numerous cases where we both have seen 
individuals who have come to the criminal justice system that have been 
victims of criminal conduct. And long after that trial is over with, 
even if the offender is convicted and sent to the

[[Page 4672]]

Texas penitentiary for the maximum period of time, they suffer the 
repercussions of criminal conduct. Many of them are never able to cope 
with that conduct, and spend the rest of their lives in desperate hope, 
and wishing that crime had not occurred against them.
  We as Americans need to be sensitive to those individuals. We need to 
be sensitive to the people who live among us who have crime committed 
against them.
  So I hope this resolution gets more communities talking about the 
best way to prevent and respond to crime, and I want to urge its 
adoption.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in support of H. 
Res. 945, raising awareness and promoting education on the criminal 
justice system by establishing March 2008 as ``National Criminal 
Justice Month,'' introduced by my distinguished colleague from Texas, 
Representative Ted Poe. This important legislation calls on 
policymakers, educators, criminal justice officials, community leaders, 
victim service providers, nonprofits, and others to promote awareness 
of how to prevent and respond to crime through the creation of a 
National Criminal Justice Month.
  A country's criminal justice system is often a reflection of what 
values the society deems to be important. Our criminal justice system 
serves as a means for society to enforce the standards of conduct 
necessary to protect individuals and the community. During this month 
we need to be mindful of the need for criminal justice reform. 
Currently, there are approximately seven million adults on probation, 
parole, or are incarcerated causing the cost of crime to individuals, 
communities, businesses, and the various levels of government to be 
well into the billions. I have sought to alleviate a number of the 
sentencing disparities responsible for such frivolous government 
spending through various pieces of legislation, including my ``The 
Second Chance Act'' and ``The Drug Sentencing Reform and Cocaine 
Kingpin Trafficking Act of 2007'' that will help to lessen some of the 
economic and social burden. Our focus should be to educate Americans 
and to promote awareness within American society as to the causes and 
consequences of crime, as well as the strategies and developments for 
preventing and responding to crime.
  The American people deserve to have a knowledge of the criminal 
justice system; thus, allowing society to feel safe in their homes as 
well as on the streets. In 2006, fifty percent of Americans admitted 
they feared that their home would be burglarized when they are not 
home, thirty-four percent of American women feared that they would be 
sexually assaulted, and forty-four percent of Americans feared they 
would be a victim of a terrorist attack. That is unacceptable. 
Americans need to be educated about the criminal justice system and how 
it works to protect all Americans.
  During this month there has to be a joint effort between 
policymakers, criminal justice officials, educators, victim service 
providers, nonprofit organizations, community leaders, and others to 
promote awareness of how to prevent and respond to crime. It is 
imperative that we reach out through all the above names avenues to 
ensure that each and every American knows just how their criminal 
justice system operations protect them.
  This important legislation creates an avenue through which to educate 
the American people about the criminal justice system as well as the 
causes and consequences of crime, how to prevent crime, and how to 
respond to crime. I strongly support this important legislation and 
urge all my colleagues to do the same.
  Mr. GOHMERT. Mr. Speaker, I yield back the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Conyers) that the House suspend the rules 
and agree to the resolution, H. Res. 945.
  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.

                          ____________________




                              {time}  1500
                 ARTS REQUIRE TIMELY SERVICE (ARTS) ACT

  Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1312) to expedite adjudication of employer petitions for 
aliens of extraordinary artistic ability, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1312

       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 ``Arts Require Timely Service 
     (ARTS) Act''.

     SEC. 2. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR 
                   ALIENS OF EXTRAORDINARY ARTISTIC ABILITY.

       Section 214(c) of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (2) in paragraph (6)(D)--
       (A) by striking ``(D) Any'' and inserting ``(D)(i) Any'';
       (B) by striking ``Once the'' and inserting ``Except as 
     provided in clause (ii), once the''; and
       (C) by adding at the end the following:
       ``(ii) The Secretary of Homeland Security shall adjudicate 
     each petition for an alien with extraordinary ability in the 
     arts (as described in section 101(a)(15)(O)(i)), an alien 
     accompanying such an alien (as described in clauses (ii) and 
     (iii) of section 101(a)(15)(O)), or an alien described in 
     section 101(a)(15)(P) (other than an alien described in 
     section 214(c)(4)(A) (relating to athletes)) not later than 
     30 days after--
       ``(I) the date on which the petitioner submits the petition 
     with a written advisory opinion, letter of no objection, or 
     request for a waiver; or
       ``(II) the date on which the 15-day period described in 
     clause (i) has expired, if the petitioner has had an 
     opportunity, as appropriate, to supply rebuttal evidence.
       ``(iii) If a petition described in clause (ii) is not 
     adjudicated before the end of the 30-day period described in 
     clause (ii) and the petitioner is an arts organization 
     described in paragraph (3), (5), or (6) of section 501(c) of 
     the Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code for the taxable year preceding 
     the calendar year in which the petition is submitted, or an 
     individual or entity petitioning primarily on behalf of such 
     an organization, the Secretary of Homeland Security shall 
     provide the petitioner with the premium-processing services 
     referred to in section 286(u), without a fee.''.

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


                             General Leave

  Mr. CONYERS. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, Members of the House, H.R. 1312 is a bipartisan measure 
intended to address the extended delays in visa processing faced by 
nonprofit arts organizations when they invite foreign artists to 
perform in the United States.
  Hosting a performance by a foreign artist or arts group requires, 
obviously, a great deal of planning. And the host organization has to 
calendar the event, advertise it, and sell tickets far in advance. And 
these efforts are made with the expectation that the visa petitions 
filed by the guest performers will be adjudicated in time for their 
arrival in the United States. If their adjudication is delayed, it 
causes a tremendous disruption and has led some arts organizations in 
the world to stop engaging foreign artists altogether because they 
can't risk the expensive canceling of performers.
  Performances by foreign artists give American audiences the 
opportunity to experience a variety of arts traditions. And when 
they're called off, it's not just the host organization and the 
audience that bears the cost, the cancelled show impacts the local 
economy as well.
  Current law requires the Department of Homeland Security to process 
petitions for O and P visas within 2 weeks of receipt of a completed 
petition. And the Department has implemented a premium 15-day 
processing for a $1,000 fee, but when a visa is required to be 
processed in 14 days, it seems particularly unreasonable to ask a 
nonprofit entity to pay $1,000 for a 15-day service. So, what we do in 
this measure is

[[Page 4673]]

strike a balance by giving the Department 30 days, more than twice the 
current processing time, and if the visa is not processed in 30 days 
and the petitioner is a nonprofit organization, the bill requires the 
Department to provide premium processing for no additional fee.
  I'm happy to say that my colleagues, the former Judiciary Committee 
Chair, James Sensenbrenner, and the current ranking member, Lamar Smith 
of Texas, have tried and worked with us to arrive at a solution similar 
to the one laid out in this bill.
  At this point, Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, first of all, I want to thank the chairman of the 
Judiciary Committee, the gentleman from Michigan (Mr. Conyers) for his 
generous comments a while ago, and I certainly appreciated working with 
him on this bill as well.
  Performing arts organizations use O and P visas to bring many 
talented foreign artists to our country to perform before American 
audiences. Despite the fact that the Immigration Nationality Act 
provides that the Department of Homeland Security shall adjudicate O 
and P visas within 14 days, adjudication of up to 180 days has been 
reported. These long delays create the risk that performances involving 
international artists must be cancelled, creating high economic risks 
to arts institutions and the local economies they support.
  Henry Fogel, President of the American Symphony Orchestra League, has 
stated that, ``nonprofit arts organizations confront long waits and 
uncertainty in gaining approval for visa petitions for foreign guest 
artists. This degree of uncertainty can prove too risky for many 
performing arts organizations and is having a direct impact on their 
ability to present foreign guest artists. Orchestras must sell tickets 
in advance, creating a financial obligation to their audiences. 
Performances are date, time and location specific, and the nature of 
scheduling, booking and confirming highly sought after guest soloists 
and performing groups requires that the timing of the visa process be 
efficient and reliable.''
  The INA does provide that the Department of Homeland Security can 
charge a fee of $1,000 to provide premium processing for employment-
based visa petitions, adjudication within 15 days. However, many 
nonprofit arts organizations cannot afford to pay this extra amount 
either because they are a small, cash-strapped institution, or because 
they sponsor many foreign artists over a year's time. The Arts Required 
Timely Service, ARTS, Act provides that if a nonprofit organization's 
petition for an O visa or for a P visa is not adjudicated within 30 
days, it will receive premium processing free of charge.
  I support this bill. And I want to thank the chairman and Mr. Berman 
for their bipartisan amendment in committee that clarified that only 
arts organizations that are qualified as tax exempt under 501(c) of the 
Internal Revenue Code can receive the fee waiver, and that 
organizations petitioning for athletes do not qualify for this waiver.
  Mr. King, the gentleman from Iowa and the ranking member of the 
Immigration Subcommittee of the Judiciary Committee, offered a number 
of amendments in the Judiciary Committee markup of this bill. For 
example, one provided that only small and nonprofit arts organizations 
should be eligible for the fee waiver. These amendments would have, in 
fact, improved the bill. Unfortunately, they were not adopted.
  On the whole, however, this is a good bill, and I urge my colleagues 
to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, although there is great support for this 
bill, I have no other requests for time. And in full confidence and 
trust of the other side, I return the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I want to assure the chairman that I 
will not take advantage of his yielding back the time. I do, however, 
yield 4 minutes to Mr. King, the gentleman from Iowa, the ranking 
member of the Immigration Subcommittee of the Judiciary Committee.
  Mr. KING of Iowa. I thank Mr. Smith, the ranking member of the 
Judiciary Committee, and the chairman for his graciousness.
  I appreciate the privilege to address this issue under these 
circumstances. And I make no pledge about taking advantage of the 
situation, but I will stay with the attitude and the comity that the 
chairman demonstrates always, and that is that I come to the floor here 
to rise in opposition to this bill.
  First I want to explain that premium processing is in the event that 
the normal application for the visa isn't processed in time, then the 
performing arts organization, which is a 501(c) nonprofit organization, 
can then apply. If they want to pay $1,000 premium to turn that around 
quickly, they can do that today.
  So, I'm looking at this thing from the perspective of this is a fee-
based system that we have. We fund USCIS through fee-based, and we had 
hearings in the committee and we brought that forward and it's clear. 
So, it becomes a zero sum game. If you decide that you're going to 
provide a premium processing service for one organization, that means 
the burden of the cost of that gets distributed across all the other 
applicants.
  So, I'm stuck with this image of, let me just say the Metropolitan 
Museum of Art. I'm very convinced, and have not been there, that people 
arrive there in limousines wearing tuxedos and formal gowns, and at the 
same time, I know that they have a foundation that is quite 
significant. For example, assets of $2,424,000,000 in the foundation, 
an annual revenue stream of $326 million. Now, out of $326 million in 
annual revenue or $2.4 billion in the foundation, it seems to me that 
those kind of very wealthy, not-for-profit wealthy organizations could 
come up with the extra thousand dollars, particularly because people 
are arriving in tuxedos and getting out of limousines at the expense of 
the poor person who is in blue jeans and sneakers. And that's my 
argument here.
  I yield to the chairman.
  Mr. CONYERS. I thank the gentleman, Steve King, for yielding to me.
  In other words, you're recommending that we should have had a two-
tier system, because there are some aspiring jazz performers in Europe 
who want to come over, and they have considerably less than $2 billion 
in accumulated assets.
  Mr. KING of Iowa. Reclaiming my time, I would submit that the wealthy 
foundations have the revenue to be able to provide for the premium 
processing in the event that they didn't plan far enough ahead to get 
their application in on time. I would think those with the highest 
wealth should be the ones that have the most ability to plan ahead or 
to pay if they fail to plan ahead.
  Mr. CONYERS. Well, it's so uncharacteristic of you to want to sock 
the rich and not just charge everybody the same amount.
  Mr. KING of Iowa. I thank the chairman and I appreciate his remarks. 
And there is probably some basis for him to make that argument.
  Just to close this argument, I will argue first that I offered a 
series of amendments which Mr. Smith addressed, and I exempted those 
foundations with less than $1 million in annual revenues. Then I went 
up the line to $10 million and then $50 million. I was trying to find 
that place by which it would get to somebody's conscience on the 
Judiciary Committee or in this Congress that we should say, you have 
enough money to manage this yourself. We never found that plateau. I 
actually wrote one that would have been a googolplex, kind of an 
unlimited number, but I'm confident it would have been rejected as 
well.
  So, I would just submit that the one organization that I've singled 
out here, Metropolitan Museum of Art, would have revenue in the 5 
minutes we've discussed this to be able to pay for the

[[Page 4674]]

premium processing of a single artist and accumulate in that hour about 
enough for 14 artists.
  So, I think we should have drawn the line at taking care of our small 
foundations, and for that reason I am opposing this bill. And I 
appreciate the sentiment that brings it to the floor.
  Mr. SMITH of Texas. Mr. Speaker, I yield 3 minutes to the gentleman 
from California (Mr. Lungren) who, like Mr. King, is a member of the 
Immigration Subcommittee. He will be our last speaker.
  Mr. DANIEL E. LUNGREN of California. I thank the gentleman for the 
time, and I rise in support of this bill.
  I was with my 90-year-old mother on Sunday back in Sacramento. And I 
remember when my mom used to drag me and my six brothers and sisters 
off to the Long Beach Symphony Orchestra. And I remember when she 
worked with the leaders of the orchestra to bring other performers over 
to perform. It's not an easy thing when you have an organization like 
that. I know the gentleman from Iowa is talking about some of the more 
expensive organizations, but we're talking in this bill about all of 
these nonprofits being able to have the flexibility to bring foreign 
artists over here.
  Interestingly, the Congress, a number of years ago, asked the agency 
involved to have a flexible system which would allow them to make the 
request up to 1 year before. And what happened was the agency turned it 
around and said well, you couldn't do it unless it was at least 6 
months or a year before. So, it sort of defeated the very flexibility 
Members of Congress asked for to allow this to happen.
  We should understand that what we've been trying to do is get the 
agency to deal with these applications in a timely fashion. And the 
idea that you would get premium service is really kind of an 
interesting idea, to ask the government to do what it should do, but to 
do it on time we now charge you for it. Well, we do that in some 
circumstances because we do have difficulty with budgets, but here 
we're talking about only nonprofit art organizations.
  So many times on this floor, it seems to me, we do more than we 
should; we go out and we solve problems that aren't there. We often 
pass legislation in search of a problem. This is not that case. This is 
a problem that does exist. These organizations, the Alabama Symphony 
Organization, the Florida West Coast Symphony, the Fort Wayne 
Philharmonic, the Hubbard Street Dance in Chicago, the Louisville 
Orchestra, the New Mexico Symphony Orchestra, Opera of Cleveland, Paul 
Taylor Dance Company, Pittsburgh Opera, Sarasota Opera, Florida Grand 
Opera, I mean, you can go down and down and down, and you see this is 
all over the country, a request of community organizations that are not 
profit that are just asking for the flexibility to be able to bring 
foreign artists here, which also creates an environment for U.S. 
artists to go overseas. And I'm old enough to recall during the Cold 
War that was one of the things we thought was a good thing. In fact, if 
you think about it, the Soviets, that's one of the things they didn't 
want, they didn't want American artists over there and they didn't want 
their artists over here. Why? Because it really began to open the eyes 
of many people as to some of the greatness that we have and the freedom 
that we have and the artistic merit that exists in a country such as 
ours.
  So, I would just hope that we would support this bill. It should not 
be controversial. Hopefully, it will be a unanimous vote.
  Mr. BERMAN. Mr. Speaker, the chairman of the Judiciary Committee has 
explained the problem addressed by H.R. 1312. I just want to add a 
short history of the bipartisan work on this issue. I also want to 
express my appreciation to Chairman Conyers for moving the bill and to 
some of my colleagues who have been advocating for this solution for 
quite some time.
  For several years now, a bipartisan group of Members has been urging 
USCIS to find and administrative remedy for lengthy processing times 
experienced by arts organizations petitioning for O and P visas. In 
October 2003, I was joined by 15 Members in sending a letter to USCIS 
Director Aguirre encouraging him to implement a number of reforms in 
the processing of arts-related visas. At the time, arts organizations 
filing for O and P visas were in a real catch-22. They were not allowed 
to file visa petitions earlier than 6 months before a performance, but 
USCIS was routinely taking longer than 6 months to adjudicate the 
petitions.
  To their credit, USCIS did what they could to remedy the problem by 
regulation. But USCIS could not do administratively what we 
recommended, which was to create a consequence for failing to meet the 
required processing time for O and P petitions. That was the impetus 
for this bill.
  The only remedy available without the bill was to pay for premium 
processing. Telling a nonprofit arts organization to pay $1,000 for 
expedited process is in effect saying: ``You've paid $390 to file this 
petition that we're required by law to process in 14 days, but for an 
extra $1000, we might process in 15 days.'' That just doesn't make any 
sense.
  What we've done in this bill is create an incentive for timely 
processing.
  Solving this problem has been a joint effort. We have had the benefit 
of input from the Department of Homeland Security, as well as the 
cooperation of Ranking Member Lamar Smith, who worked with us to 
tighten the language of the bill at markup. I want to express my 
appreciation for the collaboration of my colleagues Mr. Lungren, Mr. 
Nadler, Mr. Chabot, our former colleague on the Judiciary Committee, 
Mrs. Blackburn, and the many other Members who joined in the efforts 
leading up to this legislation.
  International arts exchange is, in a sense, cultural diplomacy. Just 
a few weeks ago, the New York Philharmonic made a historic trip to 
Pyongyang. I understand that the 300-member delegation was the largest 
U.S. presence in North Korea since the end of the Korean war. The 
Philharmonic's musical director called the visit ``a gesture of 
friendship and goodwill from one people to another.'' These exchanges 
may not resolve the world's conflicts, but they create bonds that can 
pay substantial dividends in years to come.
  The ARTS Act is meant to encourage and facilitate these exchanges, 
and I urge my colleagues to support it.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in support of 
H.R. 1312, the ``Arts Require Timely Service, ARTS, Act,'' introduced 
by my distinguished colleague from California, Representative Berman. 
This important legislation amends the Immigration and Nationality Act 
to allow for the expedited adjudication of an employer petition for an 
alien of extraordinary artistic ability, an alien accompanying such 
alien, or an alien who is an athlete or entertainer.
  Mr. Speaker, to paraphrase President John F. Kennedy, the true 
greatness of a nation can be measured by its accomplishments in the 
domain of the arts and culture. America has always benefited from the 
free flow of foreign artistic talent, some of which has served this 
country with great distinction, to mention but the late great cellist 
and Soviet dissident Mstislav ``Slava'' Rostropovich. Our immigration 
system is an important gateway for artists and musicians from abroad 
and as such it should serve the broader cultural goals of our Nation.
  Mr. Speaker, by inviting foreign artists to perform, arts 
organizations in the United States provide American audiences the 
opportunity to experience a variety of artistic talent and encourage a 
supportive climate for American artists to perform abroad. In the last 
several years, nonprofit arts organizations have confronted dramatic 
delays and uncertainties in the processing of visa petitions for 
foreign guest artists. These delays not only impact the immediate 
availability of foreign artists to perform alongside American artists, 
but also threaten to impede the ability of U.S. artists to perform 
abroad.
  When a nonprofit arts organization invites a foreign performer, or an 
entire symphony for that matter, the organization must calendar, 
advertise, and ticket performances far in advance, all on reliance that 
they will successfully petition for a visa for their guest performer. 
In the last several years, delays in processing have led many smaller 
arts organizations to stop engaging foreign artists altogether because 
they cannot risk the potential expense of canceling a performance as a 
result of slow visa processing. Those organizations that have 
persevered have seen increasingly frequent situations in which 
performances involving foreign guest artists must be cancelled because 
the U.S. Immigration and Citizenship Services, USCIS, cannot process 
visa petitions within a 6-month period before the performance. This is 
an issue not only for the arts organizations bringing in a foreign 
artists, but also American artists who are slated to be part of these 
performances, as well as

[[Page 4675]]

all of the support staff employed by the organizations as a result of a 
performance.
  Most nonprofit arts organizations cannot afford the current $1,000 
fee for premium processing, a program that was adopted primarily at the 
request of for-profit corporations. Yet, regular visa processing can 
now take up to 180 days--too long for arts organizations to 
accommodate. These delays in the visa process can harm nonprofit 
institutions and the local economies in which they exist.
  Since 2003, a bipartisan group of Members has urged USCIS to remedy 
this problem administratively. In October of that year, 16 members sent 
a letter to the USCIS Director encouraging him to implement a number of 
reforms including reducing processing for O and P petitions filed by or 
on behalf of nonprofit organizations to 30 days or automatically remove 
those petitions to premium processing at no additional fee. To date, 
these reforms have not been made administratively, and in discussions, 
USCIS has represented that they are not certain they could make such 
changes without legislative action.
  The ARTS Act would address visa processing delays facing nonprofit 
arts organizations by amending section 214(c) of the Immigration and 
Nationality Act to require USCIS to shift to premium processing without 
additional fees any O or P visa that is not processed within 30 days of 
filing a complete petition if the petitioner is or is filing on behalf 
of a qualified nonprofit organization.
  Mr. Speaker, it is not by accident that I wrote a letter on this 
subject to then USCIS Director Eduardo Aguirre. This act exemplifies 
the bipartisan spirit in which we should approach this important matter 
so that our Nation could continue to shine in the cultural field as it 
shines in other domains.
  Mr. Speaker, this legislation speaks directly to principles of 
cultural and intellectual exchange that our great Nation was founded 
upon. I am proud to support this legislation and I urge my colleagues 
to join me in supporting H.R. 1312.
  Mr. NADLER. Mr. Speaker, I rise today in support of H.R. 1312, the 
Arts Require Timely Service Act, or the ARTS Act, and I thank 
Congressman Berman and Chairman Conyers for their leadership on this 
important issue.
  Under immigration law, foreign artists or groups must obtain a visa 
in order to perform in America. However, over the last few years, this 
process has been severely delayed, leading some nonprofits to stop 
planning events that include foreign artists altogether. These delays 
not only impact the immediate availability of foreign artists to 
perform alongside American artists, but also threaten to impede the 
ability of U.S. artists to perform abroad.
  The ARTS Act would address these delays by requiring the Government 
to expedite--without any additional fees--visas for foreign artists 
that are not processed within 30 days of filing, if the visa petition 
is filed on behalf of a qualified nonprofit organization.
  The ARTS Act will help end the delays and uncertainties in the 
processing of visa petitions for foreign guest artists coming to the 
United States.
  America is a great land of opportunity for artists, and in my 
district, this is particularly true. New York City prides itself as 
being an international center for the arts, yet the current system is 
failing it. It is becoming increasingly difficult for too many foreign 
artists to come to America to perform. Foreign artists bring to America 
their own unique artistic abilities, and every time they are 
essentially prevented from performing in America, we do a disservice to 
the arts and to ourselves.
  Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Conyers) that the House suspend the rules 
and pass the bill, H.R. 1312, 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}  1515
 COMMEMORATING THE 40TH ANNIVERSARY OF THE ASSASSINATION OF DR. MARTIN 
                            LUTHER KING, JR.

  Mr. CONYERS. Mr. Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 1061) commemorating the 40th anniversary of the 
assassination of Dr. Martin Luther King, Jr., and encouraging people of 
the United States to pause and remember the life and legacy of Dr. 
Martin Luther King, Jr., and for other purposes.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 1061

       Whereas 40 years ago on April 4, 1968, Dr. Martin Luther 
     King, Jr., the moral leader of America, was taken from us all 
     too soon by an assassin's bullet, while standing on the 
     balcony of his motel room in Memphis, Tennessee, where he was 
     to lead sanitation workers in protest against low wages and 
     intolerable working conditions;
       Whereas Dr. Martin Luther King, Jr., while just one man, 
     changed America forever in a few short years through his 
     preaching of nonviolence and passive resistance;
       Whereas Dr. King was the preeminent civil rights advocate 
     of his time, leading the civil rights movement in the United 
     States during the 1950s and 1960s and earning world-wide 
     recognition as an eloquent and articulate spokesperson for 
     equality;
       Whereas Dr. King dedicated his life to securing the 
     fundamental principles of the United States of liberty and 
     justice for all United States citizens;
       Whereas Dr. King was a champion of nonviolence who 
     fervently advocated nonviolent resistance as the strategy to 
     end segregation and racial discrimination in America, and in 
     1964, at age 35, he became the youngest man to be awarded the 
     Nobel Peace Prize in recognition for his efforts;
       Whereas through his work and reliance on nonviolent 
     protest, Dr. King was instrumental in the passage of the 
     Civil Rights Act of 1964 and the Voting Rights Act of 1965;
       Whereas Dr. Martin Luther King, Jr., broke down walls of 
     racial segregation and racial discrimination in places of 
     public accommodation;
       Whereas Dr. Martin Luther King, Jr., opened doors to the 
     participation of all Americans in the political process;
       Whereas the work of Dr. King created a basis of 
     understanding and respect and helped communities, and the 
     United States as a whole, to act cooperatively and 
     courageously to restore tolerance, justice, and equality 
     between people;
       Whereas in the face of hatred and violence, Dr. King 
     preached a doctrine of nonviolence and civil disobedience to 
     combat segregation, discrimination, and racial injustice, and 
     believed that people have the moral capacity to care for 
     other people;
       Whereas Dr. King awakened the conscience and consciousness 
     of the United States and used his message of hope to bring 
     people together to build the ``Beloved Community'', a 
     community of justice, at peace with itself;
       Whereas Dr. Martin Luther King, Jr., through his 
     persistence, raw courage, and faith brought about a 
     nonviolent revolution in America without firing a single 
     bullet; and
       Whereas our country and our society are better because of 
     what he did and what he said: Now, therefore, be it
       Resolved, That the House of Representatives encourages all 
     Americans to--
       (1) pause and remember the life and legacy of Dr. Martin 
     Luther King, Jr., on this, the 40th anniversary of his death;
       (2) commemorate the legacy of Dr. King, so that, as Dr. 
     King hoped, ``one day this Nation will rise up and live out 
     the true meaning of its creed: We hold these truths to be 
     self-evident; that all men are created equal''; and
       (3) remember the message of Dr. King and rededicate 
     themselves to Dr. King's goal of a free and just United 
     States.

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


                             General Leave

  Mr. CONYERS. I ask unanimous consent that all Members have 5 
legislative days to revise and extend their remarks on House Resolution 
1061.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CONYERS. I thank the Speaker, and I yield myself as much time as 
I may consume.
  Mr. Speaker, Members of the House, this Friday, April 4, will mark 
the 40th anniversary of Dr. Martin Luther King, Jr.'s assassination in 
1968.
  I note that, once again, our distinguished colleague from Georgia, 
John Lewis, has introduced a bipartisan House Resolution calling upon 
all Americans, on this anniversary, to pause and remember the life and 
legacy of Dr. Martin Luther King, Jr. and I'd like to acknowledge the 
many members of the Judiciary Committee supporting this resolution, 
Lamar Smith, Gerald Nadler, Zoe Lofgren, Bobby Scott, Keith Ellison, 
Steve Cohen and others.

[[Page 4676]]

  Dr. King was not only our greatest civil rights leader, but he was 
also the person that personally has given me the political, 
philosophical undergirding to attempt to transfer his belief system 
into some of the objectives of the United States through the Congress. 
What a leader he was.
  I shall be in Memphis this Friday celebrating, with the distinguished 
gentleman from New York, Harry Bellefonte, and many others, the work 
that he has done in trying to bring justice, understanding, full 
employment, an economic system, and end the war in this country and in 
this world.
  He addressed, on the night before his assassination, the sanitation 
workers in Memphis at the Mason Temple. And I don't know about you, but 
it seemed to me that he had a premonition that he was spending the last 
days of his life on earth in this cause. He seemed to have projected 
his understanding of how fleeting his life may have been.
  Of course, I'm also connected to Dr. King by his family, Coretta 
Scott King and their children, and of course, the unbelievably 
courageous Mrs. Rosa Parks, who later came to Detroit and honored my 
office by working there for many, many years.
  And so I'm very pleased to join in with this re-examination and 
remembrance of our great leader, to me, one of the greatest leaders of 
the 20th century. And so I'm proud to stand before you as the chairman 
of the Judiciary to bring this resolution forward.
  I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  This bill commemorates the 40th anniversary of the tragic 
assassination of Dr. Martin Luther King, Jr. Dr. King was the leader of 
a historic, nonviolent revolution in the U.S. Over the course of his 
life he fought for equal justice and led the Nation towards racial 
harmony.
  While advancing this great movement, Dr. King's home was bombed, and 
he was subjected to relentless personal and physical abuse. Despite 
this violence, Dr. King responded in peace with strong conviction and 
sound reason. And as a preacher, Dr. King's religious beliefs were 
essential to the success of his nonviolent efforts. It is doubtful that 
such a long and enduring movement of peace could have survived in the 
face of such violence without the power of religious inspiration behind 
it.
  From 1957 to 1968, Dr. King traveled over 6 million miles and spoke 
over 2,500 times about justice and equal freedom under the law.
  On August 28, 1963, Dr. King led a peaceful march of 250,000 people 
through the streets of Washington, DC. And it is here, in this city, 
where he delivered a speech that spoke for all Americans, regardless of 
the color of their skin. In his ``I Have a Dream'' speech, Dr. King 
called the march the ``greatest demonstration for freedom in the 
history of our nation,'' and he was right.
  ``I have a dream,'' he said, ``that my four little children will one 
day live in a nation where they will not be judged by the color of 
their skin, but by the content of their character.''
  Dr. King not only lived the American dream, but he opened that same 
door of opportunity for millions of Americans. He lived for the causes 
of justice and equality.
  On the evening of April 4, 1968, while standing on the balcony of his 
hotel room in Memphis, Tennessee, Dr. King was assassinated. But a 
single vicious act could not extinguish Dr. King's legacy, which 
endures to this day. And America is a better, freer Nation because of 
his legacy.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I am pleased now to yield as much time as 
he may consume to the one person in the House of Representatives and 
the United States Senate that knew Martin King, Jr., better than any of 
us here. He's a distinguished civil rights leader in his own right, but 
he worked closely with Dr. King and the SCLC and SNCC and other civil 
rights organizations. I am pleased to recognize the gentleman from 
Georgia, John Lewis, for as much time as he may consume.
  Mr. LEWIS of Georgia. Mr. Speaker, I want to thank my friend and my 
colleague, Chairman Conyers, for yielding.
  Mr. Speaker, I think it is fitting and appropriate that we pause, as 
a Nation and as a people, to remember the life of Dr. Martin Luther 
King, Jr., a man who changed America forever.
  Dr. Martin Luther King, Jr., was assassinated in Memphis, Tennessee 
on April 4, 1968. He had emerged as a leader, not just for a people, 
but for a Nation. His leadership and commitment to a truly interracial 
democracy played a key role in ending legal segregation in America. He 
led the first major nonviolent campaign in modern America when he 
emerged as the leader of the Montgomery bus boycott that lasted 381 
days.
  He inspired thousands and thousands of people to follow the way of 
nonviolence. In doing so, he inspired other movements and had an effect 
on so many young people and some not so young.
  Just think, a few short years ago, in America, there were signs that 
said, ``White women, Colored women,'' ``White men, Colored men,'' 
``White waiting, Colored waiting.'' There was segregation in public 
accommodations and transportation. Men and women of color could not 
even register to vote.
  Dr. King created a climate, created an environment that the power of 
the courts, the power of Congress, and the President of the United 
States couldn't look the other way; they couldn't say no.
  In his short life, he led the American people on a journey that is 
ongoing even today.
  Mr. Speaker, I will never forget coming to Washington with him in 
early June, 1963. We met with President Kennedy and other leaders in 
his administration. Dr. King informed the President that there was a 
crisis in our country and that he had to act.
  Later, Dr. King came back to Washington to speak and to march on 
Washington. This time he was able to bring 250,000 Americans, Black and 
White, and people of all faiths and backgrounds. On that day, he 
transformed the steps of the Lincoln Memorial to a modern-day pulpit. 
On that day, he shared his dream of the Beloved Community, a truly 
interracial democracy.
  I can still hear him saying, ``I have a dream today, a dream deeply 
rooted in the American dream.''
  Mr. Speaker, today we encourage all citizens, especially our young 
people, to take time to reflect on the teachings and the leadership of 
Martin Luther King, Jr. Our Nation is a better place, and we are a 
better people because of him.
  Mr. SMITH of Texas. Mr. Speaker, I don't have any other speakers at 
this time. I will yield the balance of my time to the gentleman from 
Michigan (Mr. Conyers), the chairman of the Judiciary Committee.
  Mr. CONYERS. I thank the gentleman from Texas, the ranking member, 
Mr. Smith.
  I would like now to recognize Steve Cohen, our distinguished 
colleague from Memphis, Tennessee, for 2 minutes.
  Mr. COHEN. Thank you, Mr. Chairman.
  This Friday, our Nation will recognize the 40th anniversary of a most 
infamous day in our country's history, the assassination of the great 
Reverend Martin Luther King, Jr.
  It's impossible to speak about Dr. King without remembering his 
eloquence and powerful oratory. Dr. King brought his brilliant mind and 
God-given speech to bear against mighty forces, forces which were 
entrenched and interwoven so powerfully in the very fabric of our 
country that the task to overcome seemed nearly impossible. But he was 
not deterred. And even from the distance of 40 years, what Martin 
Luther King, Jr., accomplished in his short number of years on this 
earth is awe-inspiring. He started a march to justice that he still 
inspires and which moves toward fulfillment.
  An assassin's shot rang out in Memphis, silencing a most beautiful 
and eloquent man, but it didn't silence his dream. He was a man who 
worked with Bayard Rustin to take Gandhi's principles of nonviolence 
and change a

[[Page 4677]]

country through different forms of civil disobedience that had not been 
seen in this country successfully.
  He brought a march to Washington that's still the greatest march 
known to this day, a collection of individuals demanding a change of 
course for this country. And he changed this country and changed, his 
force made this Congress and the President of the United States, at 
that time, Lyndon Johnson, change its course and bring about great 
civil rights legislation.
  A man whose life and death continues to define our country and our 
world, his dream survives his death, and will continue to survive as 
long as we know what is good and just about our Nation.
  The man could be killed, but not the dream. The dream lives in each 
of us. Though the fires of progress sometimes seem to dwindle to 
embers, each time we declare that all people are equal, each time we 
fight against discrimination and intolerance, and each time we speak 
truth to power, each time we do those things we fan the flame of Martin 
Luther King's dream and his purpose and his passion lives on in us.
  Martin Luther King spoke truth to power, and that is a great thing.
  Mr. CONYERS. Mr. Speaker, I'm pleased now to recognize the 
distinguished gentleman from Georgia, Mr. David Scott, and I recognize 
him for 3 minutes.

                              {time}  1530

  Mr. SCOTT of Georgia. Thank you, Chairman Conyers. It's so good to be 
here with my good friend Mr. Lewis from Georgia and Mr. Cohen from 
Tennessee.
  Mr. Speaker, today, we gather to pay tribute and to recognize an 
extraordinary life on the 40th anniversary of the assassination of Dr. 
Martin Luther King, Jr.
  Mr. Speaker, in the book of Genesis in the 37th chapter, in the 19th 
verse, it says these words: Lo, here cometh the dreamer. Let us slay 
him and then we shall see what will become of his dream.
  I think that is a most fitting way to enter my remarks this afternoon 
about Dr. King, for his was truly a dream, but that dream was built on 
three strong pillars. One was public accommodations. The other was 
voting rights. But the other, and perhaps the tougher, was economic 
rights, how do we get the lever to make the dream a reality. Dr. King 
knew full well it didn't matter if we could sit anywhere on the bus if 
we don't have money to get on the bus. It doesn't matter if we could 
live anywhere we wanted if we didn't have money to buy the house and to 
keep the house.
  So, as we reflect today on that economic right, it is so fitting that 
so much is still to be done. For as we look at the front page of the 
New York Times yesterday, we find that there are more people who are on 
food stamps percentage-wise in this country than 40 years ago when Dr. 
King died. What has happened to his dream after he was slain?
  It's so fitting that if we start to think for a moment what Dr. King 
was doing in those moments and hours before his death. He was grappling 
with the economic question, moving back and forward from Washington, 
D.C., to Atlanta, Georgia, to Memphis, dealing with the poor people's 
campaign, the war on poverty, and, most significantly, dealing with the 
most basic of economic rights, a livable wage for jobs for the 
sanitation workers in Memphis, Tennessee.
  And so he knew that the work had not been done. His prophetic words, 
as Chairman Conyers referred, it's almost as if he was preaching his 
own funeral when he said he had reached the mountaintop and had looked 
over and seen the promised land. I may not get there with you, but I 
want you to know tonight that we, as a people, will get to the promised 
land. And all the threats that were on his life, it was as if he knew 
that the bullet in 24 hours was out there waiting for him.
  And he said in his immortal words: I fear no man, for mine eyes have 
seen the glory of the coming of the Lord.
  So, as we gather here, let us understand that that dream is still not 
the reality; although the pillars that he planted, part of them are. It 
is the tough bucket of the economic issues that we are grappling with 
on the floor of this House of Representatives as we speak, keeping 
people in their homes, getting people so they can work and have 
employment and jobs, opening up the economic system so that people will 
have businesses and participate in a livable way.
  So, as we reflect, let us remember those words from Genesis: Lo, here 
cometh the dreamer. Let us slay him and then we shall see what will 
become of his dream.
  We in this House of Representatives can make that dream a reality by 
finishing that final plank, the economic plank.
  Mr. CONYERS. Mr. Speaker, I'm pleased now to recognize the gentleman 
from Maryland, the Honorable Elijah Cummings, who is not only an 
attorney but a person of deep religious persuasions, a leader in the 
church. He has worked continually in the area of civil rights, voter 
activity, and I yield him as much time as he may consume.
  Mr. CUMMINGS. Mr. Speaker, I want to thank the gentleman for 
yielding, and I associate myself with the words that have already been 
spoken by all of my colleagues.
  My last colleague who spoke, I just want Mr. Scott, as I listened to 
him I could not help but think about the first chapter of Habakkuk, 
fifth verse, and in that verse it says that God says that He will do 
miracles and He will do it during our time, and if He were to tell us 
what those miracles would be, we would not believe Him.
  I rise in support of this resolution, sponsored by the distinguished 
gentleman from Georgia, commemorating the legacy of Dr. Martin Luther 
King on the 40th anniversary of his assassination.
  Mr. Speaker, young Americans of this time are the third generation to 
come of age since Representative John Lewis and other brave young 
Americans worked with Dr. King to lead America from inequity towards 
justice and from violence toward a more peace-filled world.
  We have been inspired and heartened to witness the young people of 
our time engaged in the democratic process this year like no other. 
They are renewing Dr. King's message and are crying out to us in Dr. 
King's voice, through the often harsh realities of their lives.
  I must submit to you, Mr. Speaker, that whatever their ethnic 
backgrounds may be, far too many of these idealistic young Americans 
are being subjected to the most crippling segregation of all, the 
segregation from opportunity that is the inevitable result of poverty. 
I've often said that our children are the living messages we send to a 
future we will never see.
  And Mr. Speaker, this new, energized, and determined generation is 
also challenging the foreign policies of this great Nation, even as Dr. 
King challenged American foreign policy four decades ago.
  In this spirit, Mr. Speaker, I join Representative Lewis, a true 
American hero who put his own life and safety on the line for these 
American principles, and I ask that my colleagues join me in supporting 
this resolution. In doing so, we honor Dr. King and his legacy to 
America through our actions, as well as through our words.
  And as it was said in Habakkuk, miracles will happen. The question is 
whether we will believe in them and do as Dr. King did. Dr. King looked 
out, and he was not blinded by what he saw, but he saw things that 
others did not see, but more significantly, he took his vision and put 
it in the form of a mission and accomplished much.
  Mr. CONYERS. Mr. Speaker, it's now my high privilege to recognize the 
majority leader, the gentleman from Maryland (Mr. Hoyer) who many years 
ago had me bring to one of his meetings Rosa Parks, and that was the 
beginning of a very important relationship between Mrs. Parks and Steny 
Hoyer and myself.
  Mr. HOYER. I thank my friend for yielding.
  John Conyers is a distinguished leader of the civil rights movement, 
whose leadership and commitment and tenacity and steadfastness led to 
declaration of a holiday, a holy day in

[[Page 4678]]

many respects, a day of recommitment when we remember the life, legacy, 
and teaching of Martin Luther King, Jr. I did not know Dr. King. I met 
him but didn't know him.
  But I have known John Conyers and I have known John Lewis, and I know 
them both and they are giants themselves. John Lewis, of course, is the 
sponsor of this resolution, who represents Atlanta, who came from 
Alabama, who marched across the Edmund Pettis Bridge, confronted by 
troops who wanted to stop him from doing what is basic to the United 
States of America, the right of every citizen to express their view on 
how their government ought to be peopled and run, the right to vote.
  As a result of his courage, the leadership of Dr. King and John 
Conyers and so many others, we passed a Voting Rights Act. I am honored 
to stand with these two giants.
  I understand that Mr. Smith, the ranking member of the committee, 
helped bring this bill to the floor.
  I am of that generation that remembers the dark day in April of 1968, 
followed too closely by another dark day on June 6, just two-and-some-
odd months later.
  Mr. Speaker, 40 years ago this Friday, Martin Luther King, Jr., was 
murdered. He was an American prophet. He called us to love justice, to 
love our brothers and sisters of every color, of every race, of every 
nationality, of every religion, of every gender. He spoke the truth, 
but on April 4, 1968, he was taken from us. But his lesson was not 
taken from us nor his example.
  In this flawed and fallen world, hate and rage and violence will have 
their day, but if we can find even a sliver of good in that crime, it 
must be this: Dr. King died on a balcony, an open place, a public 
place. Dr. King showed us, he proved with his own body, that a just 
cause is worth dying for, as our Founding Fathers had done, as frankly, 
in my religion, Jesus did.
  It is worth living for, too, he showed us. This resolution, even 
though I will vote for it wholeheartedly, even though I trust it will 
pass unanimously, even though it's offered by my good friend John 
Lewis, who ``toiled, and wrought, and thought'' with Dr. King, is just 
words on paper, unless we match it with the resolve of our lives. That 
is what Dr. King wanted us to do.
  Our conduct, our actions, are the only honors we have worth giving. 
These words on paper take on value when, and only when, they spur us 
toward what Dr. King called ``a committed life.''
  After the autopsy, which showed that his 39-year-old body held the 
strained and tired heart of an elderly man; after two brown mules 
pulled his casket in a wooden cart through the streets of Atlanta; 
after tens of thousands assembled to put him to rest, Dr. King spoke at 
his own funeral.
  The loudspeakers played a tape of one of his old sermons, and these 
were the words that echoed through the Ebenezer Baptist Church. ``I 
don't want a long funeral. I'd like somebody to mention that day that 
Martin Luther King, Jr., tried to give his life serving others. I'd 
like for somebody to say that day that Dr. Martin Luther King, Jr., 
tried to love somebody. I want you to say that day that I tried to be 
right on the war question. I want you to be able to say that day that I 
did try to feed the hungry. And I want you to be able to say that day 
that I did try in my life to clothe those who were naked.''
  We can say all of it, with truth, about Martin Luther King, Jr., a 
great American, a great leader, a great man and, yes, a citizen 
revered, respected, and honored by the world, for he saw himself not 
just as an American, proud though he was of this Nation's promise, but 
also he saw himself as a part of all mankind.
  May we do our best to live by his example as we remember the sad day 
when his body was taken from us, but they could not take his lessons.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H. Res. 1061,``Observing the 40th anniversary of the assassination 
of Dr. Martin Luther King, Jr. and encouraging the people of the United 
States to pause and remember the life and legacy of Dr. Martin Luther 
King, Jr. and for other purposes,'' introduced by my distinguished 
colleague from Georgia, Representative John Lewis. This praiseworthy 
legislation will commemorate the 40th anniversary of Dr. King's 
assassination by expanding his legacy and honoring his paradigm of 
nonviolence, courage, compassion, dignity, and public service.
   On April 4, 1968, Martin Luther King, Jr. was assassinated while on 
the balcony of the Lorraine Motel in Memphis, Tennessee. In remembering 
the 40th anniversary of Dr. King's assassination, we should take a 
moment to reflect upon the purpose for which Dr. King and other civil 
rights pioneers so resiliently fought. Through his philosophical words 
and fortified stance against racial injustice, Dr. King provided a road 
map for all to unite and share in the prosperity of this great 
democracy. While we acknowledge that our Nation has come a long way, 
Dr. King's dream has yet to be realized in its entirety. Martin Luther 
King's contributions to our history place him in this unparalleled 
position. It is Dr. King who represents the best in all of us and it is 
in his memory that we continue to devote ourselves to his vision.
   In his short life, Martin Luther King was instrumental in helping us 
realize and rectify those unspeakable wrongs which tarnished the name 
of America. African Americans needed a Martin Luther King, but above 
all, America needed him. The significant qualities of this special man 
cannot be underestimated nor taken for granted. Within a span of 13 
years, from 1955 to his death in 1968, he was able to expound, expose, 
and extricate America from many wrongs. Dr. King's inspiring words 
filled a great void in our nation, and answered our collective longing 
to become a country that truly lived by its dignified principles. And 
so we memorialize this man of action, who put his life on the line for 
freedom and justice every day.
   Reverend Dr. Martin Luther King's ``I Have a Dream'' Speech, 
delivered on August 28, 1963, was a clarion call to each citizen of 
this great Nation that we still hear today. His request was simply and 
eloquently conveyed--he challenged America to live up to the true 
meaning of its creed, to make real the words written in its Declaration 
of Independence and to have a place in this Nation's Bill of Rights. It 
is with this goal in mind that we strive to provide equal opportunity 
to all.
   Dr. King spoke about his contentment with the end of his mortal life 
in his last speech, ``I've Been to the Mountaintop,'' on April 3, 1968 
at Mason Temple. Even then he lifted up the value of service as the 
hallmark of a full life and reiterated the importance of continuing the 
struggle for human rights. ``We've got some difficult days ahead. But 
it doesn't matter with me now because I've been to the mountaintop.'' 
We must continue to pay homage to the valor of a man who endured 
harassment, embarrassment, beatings, and bombings. We commemorate the 
man who went to jail 29 times to achieve freedom for others, and who 
knew he would pay the ultimate price for his leadership, but kept on 
marching and protesting and organizing anyway. Dr. King's vision of 
equality under the law should never lose its vigor despite times of 
unevenness in our equality. For without that vision--without that 
dream--we can never continue to improve on the human condition.
   During these difficult days when the United States is bogged down in 
a misguided and mismanaged war in Iraq, which has claimed the lives of 
over 4,000 men and women, we should also remember that the Rev. Dr. 
Martin Luther King, Jr. was, above all, a person who was always willing 
to speak truth to power. There is perhaps no better example of Dr. 
King's moral integrity and consistency than his criticism of the 
Vietnam War being waged by the Johnson Administration, an 
administration that was otherwise a friend and champion of civil and 
human rights. He stated, ``We are adding cynicism to the process of 
death, for they must know after a short period there that none of the 
things we claim to be fighting for are really involved.''
   Dr. King was taken from us too soon at the tender age of 39 years 
old. Many people remember that Dr. King died in Memphis, but few 
remember why he was there. On that fateful day, the 4th day of April in 
1968, Dr. King came to Memphis to lead a strike by the city's 
sanitation workers.
   The death of the Rev. Dr. Martin Luther King, Jr., will never 
overshadow his life. He was both a dreamer and a man of action. Forty 
years after his death, Dr. King continues to teach us all. He leaves a 
legacy of hope, tempered with peace; although, it is a vision not yet 
fulfilled.
   Mr. Speaker, words cannot convey or adequately repay the debt that 
is owed. We cannot sufficiently articulate the feelings of sorrow that 
are still universally felt; however, we can pay Dr. King and other 
civil rights pioneers no greater tribute than to carry on the work they

[[Page 4679]]

believed in and paid the ultimate sacrifice for. The contributions that 
Dr. King provided are priceless and will never be forgotten. As we 
recognize the 40th Anniversary of the slaying of a martyr, let us 
remember to commemorate his vision, remember his message, and 
rededicate ourselves to his goal of a free and just United States. I 
hope every person here rededicates his or her life to fulfilling his 
legacy--that all of us here highly resolve that Dr. King's dream never 
dies but becomes a living reality for all the children of this great 
nation and the world.
   I strongly urge my colleagues to join me in supporting this 
important legislation, and, in-so-doing, giving Dr. King the respect 
that he so greatly deserves.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I would first like 
to thank my colleague from Georgia Mr. John Lewis for introducing this 
resolution which honors the life and legacy of one of America's 
greatest citizens, Dr. Martin Luther King, Jr.
  Today, nearly 40 years after he was tragically taken from us, we are 
still striving to create a society of equal opportunity which he so 
eloquently called for. We still have a long way to go before his goals 
will be achieved, but at least he left for us a beacon of hope toward 
which we can all strive.
  I am privileged to represent the Thirtieth District of Texas in the 
Congress and would note that there are many in North Texas who have 
endeavored to maintain the legacy of Dr. King. Indeed, in their 
everyday actions, the clergy, elected officials, students and community 
in the district strive to implement Dr. King's philosophy.
  In 1964, King became the youngest person to receive the Nobel Peace 
Prize for his efforts to end segregation and racial discrimination 
through civil disobedience and other non-violent means.
  It is ironic that his life was taken so prematurely at the hands of 
violence as he visited Memphis, Tennessee to help lead sanitation 
workers in a protest over black workers being sent home with no pay 
because of bad weather when white workers remained on the job. This 
tragic incident happened the day after he gave his ``I've been to the 
Mountaintop'' speech during which he seemed to almost prophetically 
foreshadow his impending death.
  Dr. King stood for the common man and for social and political 
justice in every facet and echelon of life. As a man of vision and 
determination to do God's will, King was truly destined to lead the 
people to the ``promised land.''
  Sadly, like Moses, Dr. King was not able to go into the promised land 
of opportunities with those he led so far through the wilderness of 
injustice, hatred, and bigotry. Still today, there are many that have 
been left to rough their way through the thicket of discrimination and 
racism. Therefore, it is our responsibility to carry on the beacon he 
left for us that lights the way to true equality and justice.
  Mr. Speaker, we can honor Dr. King by bowing our heads in memory of 
him, but only for a moment. For we must then lift our heads, hold each 
other hands, look ahead, heads high, and continue the fight for his 
sacrifice for this Nation which was freedom, equality and opportunity 
for all.
  Mr. VISCLOSKY. Mr. Speaker, I rise today in support of H. Res. 1061, 
a measure that observes the 40th anniversary of the assassination of 
Dr. Martin Luther King, Jr., and encourages the people of the United 
States to pause and remember the life and legacy of Dr. Martin Luther 
King, Jr. This Friday, April 4, 2008, marks the tragic 40th anniversary 
of Dr. King's assassination. Dr. King's work for civil rights has 
remained an inspiration to all those committed to liberty and freedom 
throughout the world.
  While April 4 marks a sad day in American history, it is my hope 
that, as a nation, we will continue to reflect on the actions and 
accomplishments of Dr. King. Let April 4th be a day on which we 
celebrate Dr. King's life, study his teachings, and honor his legacy.
  Dr. Martin Luther King, Jr., was born on January 15, 1929, and grew 
up in Georgia, attending segregated schools throughout his early 
education. Overcoming these unjust beginnings, King went on to receive 
a Bachelor of Arts from Morehouse College in 1948, a Bachelor of 
Divinity from Pennsylvania's Crozer Theological Seminary in 1951, and a 
Ph.D. from Boston University in 1955 before becoming pastor at the 
Dexter Avenue Baptist Church in Montgomery, Alabama.
  Dr. King was actively involved in the National Association for the 
Advancement of Colored People (NAACP) and championed efforts for racial 
equality. In 1955, after Rosa Parks refused to give up her seat to a 
white man on a Montgomery bus, Dr. King led the historic Montgomery Bus 
Boycott, the first nonviolent demonstration of the Civil Rights 
Movement. There, his steadfast adherence to nonviolence and unwavering 
devotion to the struggle for equality in the face of threats to his 
life propelled him to the leadership of the Civil Rights Movement.
  In 1957, Dr. King was elected President of the Southern Christian 
Leadership Conference (SCLC), where he drew inspiration from 
Christianity and the teachings of Ghandi to be a major leader in the 
Civil Rights Movement. In the ensuing decade, Dr. King was feverishly 
active in the struggle for racial equality, constantly traveling the 
country to orchestrate and participate in demonstrations and delivering 
the inspirational addresses for which he is renowned. In that time he 
also penned five books and many essays, consulted to Presidents Kennedy 
and Johnson, and became the youngest person to receive the Nobel Peace 
Prize. Unfortunately, Dr. King was assassinated on the evening of April 
4, 1968, on the balcony of his motel room in Memphis, Tennessee, where 
he planned to lead a protest march to show solidarity with striking 
garbage workers the next day.
  The nonviolent manner in which Dr. King fought for fundamental 
freedoms, such as desegregation and the right to vote, has had a 
lasting impact on the psyche of this country. Perhaps the greatest 
example of Dr. King's leadership and legacy is his ``I Have a Dream'' 
speech, which he gave in front of the Lincoln Memorial during the March 
on Washington in 1963. In that speech, Dr. King spoke about his dream 
for a nation where his four children would not be judged by the color 
of their skin, but by their character.
  Mr. Speaker, Friday may be the anniversary of the death of one of our 
nation's greatest citizens, but I also hope it is a day on which we can 
reflect on the positive changes that were set in motion due to Dr. 
King's work. Dr. Martin Luther King, Jr. raised the conscience of 
America. He made our nation reexamine our commitment to freedom and 
liberty, and he did so with a message of peace and non-violence. To 
this day, Dr. King's work, message, and legacy remain imprinted on the 
minds of those who carry on his noble cause across America, from 
Montgomery, Alabama, to Northwest Indiana.
  Mr. BISHOP of Georgia. Mr. Speaker, I rise in support of H. Res. 
1061, authored by my good friend from the Georgia delegation, Mr. John 
Lewis.
  Since his death 40 years ago, Dr. Martin Luther King, Jr. has come to 
be known as a visionary who drove political and social change in our 
country. And, as the Civil Rights movement evolved, he was an 
indispensable figure who made historic progress toward fulfilling the 
country's promise of freedom and justice for all.
  As a student at Morehouse, I was greatly influenced by his faith-
oriented philosophy--something which still guides me today. I remember 
meeting him on the Morehouse campus, where he had been a student 
himself a few years before and where he often returned.
  Before deciding on Emory Law School, I entertained the notion of 
going to seminary just as Dr. King did. In the end I decided to become 
a lawyer, in part because I realized that every time Dr. King went to 
jail, he needed a lawyer to help to get him out.
  Unfortunately I never had the privilege of helping him get out of 
jail. Forty years ago this month, I marched behind the mule-drawn wagon 
that carried his coffin, and I sang at his funeral as a member of the 
Morehouse Glee Club. It was an experience that will always remain vivid 
in my memory.
  Of course, Martin Luther King, Jr. was not a perfect person. He never 
claimed to be. Like all of us, he was a human being. But he possessed 
an abundance of qualities that ultimately made him an heroic and 
patriotic figure.
  He had unwavering faith not only in God, but also this country. He 
possessed limitless courage and sacrifice in the name of that faith, 
and endured numerous beatings, jailings, and dangers. He showed 
tremendous organizational skill by bringing people together and forging 
a consensus when no one else could.
  And his brilliant oratorical skill--eloquence and logic coupled with 
an appeal to better ourselves.
  In his eulogy for Dr. King, Dr. Benjamin Mays said:

       ``[Dr. King] had faith in this country. He died striving to 
     desegregate and integrate America to the end that this great 
     nation of ours, born in revolution and blood, conceived in 
     liberty and dedicated to the proposition that all men are 
     created free and equal, will truly become the lighthouse of 
     freedom . . .''

  Martin Luther King, Jr. will be remembered this week as a great 
leader of the civil rights era, a humanitarian, a man of God, a 
crusader, and by his family, as a loving husband and father.
  Additionally, many of us remember a man who lived his life in pursuit 
of this country's

[[Page 4680]]

founding principles. So as we commemorate his life with this resolution 
in the United States House of Representatives--I would also like to 
remember him as one of America's great patriots.
  Mr. HONDA. Mr. Speaker, I rise today in remembrance of the 
assassination of one of the most prominent leaders of the American 
Civil Rights Movement, Dr. Martin Luther King, Jr. Dr. King made the 
ultimate sacrifice advocating for civil rights when he was assassinated 
on this day 40 years ago while standing on the balcony of his motel 
room in Memphis, Tennessee. His untimely death gives our nation impetus 
to realize the dream he espoused, and carry on his legacy.
  Dr. King fought to raise the moral and political consciousness of all 
Americans. As a Baptist preacher, philosopher, and activist, he was 
most interested in creating a world where he could peacefully and 
righteously raise his own children. He was passionate about ending 
poverty and war, both in this country and abroad. Though he is revered 
for his role within the African American community, he believed that 
the struggle he led was ultimately for the liberation of the United 
States and all those who believed in freedom. In this time of global 
uncertainty and conflict, his wisdom and foresight should resonate with 
us all.
  I would like to share an excerpt from his speech given on April 4, 
1967 at a meeting of Clergy and Laity Concerned at Riverside Church in 
New York City:

       ``Somehow this madness must cease. We must stop now. I 
     speak as a child of God and brother to the suffering poor of 
     Vietnam. I speak for those whose land is being laid waste, 
     whose homes are being destroyed, whose culture is being 
     subverted. I speak for the poor of America who are paying the 
     double price of smashed hopes at home and death and 
     corruption in Vietnam. I speak as a citizen of the world, for 
     the world as it stands aghast at the path we have taken. I 
     speak as an American to the leaders of my own nation. The 
     great initiative in this war is ours. The initiative to stop 
     it must be ours. . . .
       The only change came from America as we increased our troop 
     commitments in support of governments which were singularly 
     corrupt, inept and without popular support. All the while the 
     people read our leaflets and received regular promises of 
     peace and democracy--and land reform. Now they languish under 
     our bombs and consider us--not their fellow Vietnamese --the 
     real enemy.''

  Dr. King believed in our collective potential to stand for justice 
and peace everywhere. On this day, we honor his life and legacy by 
protecting his dream, and living up to our inherent potential.
  Ms. CASTOR. Mr. Speaker, Martin Luther King, Jr. is a national hero. 
He embodied the tenacious spirit and compassionate understanding of the 
American ideal. The power of his words has moved millions to live with 
hope in their hearts and welcome in their embrace.
  Dr. King fought for racial equality and desegregation with nonviolent 
protest. Peace, he taught us, is our most powerful weapon. He helped 
communities begin to heal the wounds of hatred and indignity by 
replacing them with cooperation and tolerance. The mark he left on our 
society is indelible. When an assassin took him from us on that April 
day in 1968, Americans mourned a terrible loss. Sooner than expected, 
we had to enact the lessons he taught us without his guidance to show 
us the way. But his ink was already imprinted on our moral fiber, and 
our country continued his fight to end discrimination and segregation.
  Mr. Speaker, let us, as an American community, pause today to 
remember the legacy Dr. King left for each of us to carry--to dream, to 
love, and to accept.
  Mr. SHULER. Mr. Speaker, I rise today to support H. Res. 1061, 
commemorating the 40th anniversary of the assassination of Dr. Martin 
Luther King, Jr., and encouraging people of the United States to pause 
and remember the life and legacy of Dr. Martin Luther King, Jr.
  Dr. King dedicated his life to fighting for equality for all men and 
women, regardless of race, creed or class. He was a courageous activist 
who worked tirelessly to give a voice to Americans whose voices had 
been silenced.
  We live in a society that has undergone infinite change because of 
this courageous man and his relentless pursuit of a better America. Yet 
while we have made immense progress in some areas, we must not turn a 
blind eye to the fact that the work that Dr. King started is not yet 
complete. Today the responsibility rests on our shoulders to continue 
his efforts. We must keep working.
  The American Dream means something different to everyone. And while 
it may mean something different to you than it does to your parents or 
the person sitting next to you at church, I know this: The American 
Dream is about being able to afford health care, and not having to 
decide between prescriptions and groceries. It is about being able to 
earn a wage that is sufficient enough to provide for your family. It is 
about being able to send your kids to college so they have access to 
more opportunities than you do.
  We teach our children that Dr. King gave his life in Memphis, but we 
forget to tell them that he was there helping sanitation workers fight 
for a living wage. We honor Dr. King by name today, but I believe we 
honor him best by passing legislation that makes it easier for 
Americans to realize the dream that Dr. King fought for. Most recently, 
we voted to approve the College Opportunity and Affordability of 2008, 
which authorizes the Federal Government's major federal student aid 
programs, among many other things. Our successes in these areas are 
made in his name and will help serve as a catalyst for even greater 
movements.
  Dr. King's eloquence and determination forced this House to pass long 
overdue civil rights legislation. This House should never be forced to 
do the right thing again. Dr. King said: ``Our lives begin to end the 
day we become silent about things that matter.'' This House should 
never be silent on the issues that mattered most to Dr. King, including 
protecting the rights of working Americans.
  I ask my colleagues to join me in supporting this resolution to honor 
Dr. Martin Luther King, Jr.
  Mr. KUCINICH. Mr. Speaker. I rise today in honor and remembrance of 
the Reverend Dr. Martin Luther King, Jr. Today is the eve of the 40th 
anniversary of Dr. King's assassination in 1968.
  Dr. King is without question one of the greatest voices and most 
successful activists of our time. He spoke out against racial 
injustice, social inequality and economic prejudice on the domestic 
front. He promoted non-violence as the means with which to overcome the 
intolerance of society both at home and abroad.
  His was a voice that radiated humility in the face of great adversity 
and true danger. Dr. King believed silence to be a supreme betrayal and 
lead his life accordingly. It is not surprising that a man so great 
would then have a message so powerful that it still rings true today.
  His speeches and writings have held a timeless message over the forty 
years since his passing. They help to guide us as the complexities and 
struggles of modern society still infringe upon our right to life, 
liberty and the pursuit of happiness the world over. Mr. Speaker, I 
would like to offer the following quote of Dr. King's as an example:
  ``We are now faced with the fact that tomorrow is today. We are 
confronted with the fierce urgency of now. In this unfolding conundrum 
of life and history there is such a thing as being too late. 
Procrastination is still the thief of time. Life often leaves us 
standing bare, naked and dejected with a lost opportunity. The `tide in 
the affairs of men' does not remain at the flood; it ebbs. We may cry 
out desperately for time to pause in her passage, but time is deaf to 
every plea and rushes on. Over the bleached bones and jumbled residue 
of numerous civilizations are written the pathetic words: `Too late'. 
There is an invisible book of life that faithfully records our 
vigilance or our neglect. `The moving finger writes, and having writ 
moves on . . .' We still have a choice today; nonviolent coexistence or 
violent co-annihilation.''
  Dr. King acknowledged the interconnectedness of peace, equality and 
justice. Dr. King understood the personal responsibility that each of 
us must live up to so that we overcome, once and for all, the ills that 
plague and seek to separate us.
  The Reverend understood the urgency of time as we work to overcome 
our struggles. Dr. King left us his teachings so that all around the 
world we may one day engage in what he termed the ``beloved 
community.''
  I urge my colleagues to join me as we walk these halls of Congress as 
protectors of the American dream, to think about Dr. King's words as 
they apply to the business of today. Let us work for peace, let us put 
an end to racism, let us stop all social injustice and let us realize 
that today is the day, for tomorrow may he too late.
  Mr. RANGEL. Mr. Speaker, I rise today in support of the House 
Resolution commemorating the 40th anniversary of the assassination of 
Dr. Martin Luther King, Jr. In mourning the loss of Dr. King, we must 
also simultaneously celebrate the life and legacy of this courageous 
civil rights leader.
  For the better part of his life, Dr. King stood in protest to 
inequality. He provided a voice to people once silenced by bigotry and 
intolerance. He preached nonviolence as a means of securing the 
fundamental principles of equality and justice, endowed to all people 
in the United States Constitution. Through his actions and life, Dr. 
King aided in creating the

[[Page 4681]]

world we live in today. I am deeply humbled and inspired by his resolve 
to achieve change in America. Dr. King's work as a civil rights 
activist and leader has been studied in depth. But, often overlooked is 
his stance against the war in Vietnam. In the wake of Jeremiah White's 
comments, I believe that it is important to understand that Dr. King 
was more than the icon we have created in our efforts to sanctify him. 
Yes, he lifts the dreamer and man who worked for racial reconciliation, 
but he was as well a leader with a strong moral vision who was willing 
to call our great Nation to task when it failed to live up to the 
standards he saw created by our Declaration of Independence and 
Constitution.
  Many parallels exist between Dr. King's opposition to the war in 
Vietnam and my opposition of the war in Iraq. Dr. King believed, as I 
believe, that the United States Government will never invest the 
necessary funds and energy required to improve the situation of the 
poor in America, as long as the country's resources are being diverted 
to a war. Similarly, Dr. King and I both agree that war 
disproportionately affects the poor, as more of them are sent to fight 
and die on foreign soil. As Dr. King once stated, ``A time comes when 
silence is betrayal,'' and today that time has come for us in relation 
to Iraq.
  Dr. Martin Luther King, Jr. was a man of steadfast conviction, 
determination, sheer grit, and uncompromising faith. That is why today. 
I stand here advocating the House Resolution commemorating the 40th 
anniversary of the assassination of Dr. Martin Luther King, Jr., a man 
who has impacted the lives each and every American.
  Ms. CLARKE. Mr. Speaker, I rise today to enter into the Record my 
heartfelt support for H. Res. 1061, commemorating the 40th anniversary 
of the assassination of Dr. Martin Luther King. Jr. April 4, 1968 was a 
tragic day for America and the world. We lost a visionary leader whose 
conviction that all men and women are created equal, be brought to 
fruition in our time. Today I will not mourn, but celebrate the life 
and legacy of Dr. King.
  Although we have come a long way in remedying the social injustices 
of our country's history, we must continue to be engaged in a dialogue 
of racial and economic equality. and for the peace that Dr. King gave 
his life for. He fought for peace here in America, and he fought for 
peace for all around the world.
  America is currently engaged in a war that has taken the lives of 
over 4,000 U.S. soldiers and tens of thousands of Iraqis. The uncanny 
similarities that the war in Iraq has with the Vietnam war must lead us 
to adhere to Dr. King's message of nonviolence. Dr. King spoke out 
against the Vietnam war even when his colleagues questioned his wisdom.
  On April 4. 1967, a year to the day of his death. Dr. King addressed 
his colleagues at a meeting of Clergy and Laity Concerned at the 
Riverside Church in New York City. His speech that day was entitled 
Beyond Vietnam: A Time to Break Silence. His message was poignant then 
and speaks directly to us today.
  Dr. King stated, ``Somehow this madness must cease. We must stop now. 
I speak as a child of God and brother to the suffering poor of Vietnam. 
I speak for those whose land is being laid waste, whose homes are being 
destroyed, whose culture is being subverted. I speak for the poor of 
America who are paying the double price of smashed hopes at home and 
death and corruption in Vietnam. I speak as a citizen of the world, for 
the world as it stands aghast at the path we have taken. I speak as an 
American to the leaders of my own nation. The great initiative in this 
war is ours. The initiative to stop it must he ours.''
  In order for us to continue Dr. King's legacy of peace and justice, 
we must take a stand to end the illegal and unjust war in Iraq. Today I 
reaffirm my commitment to ending this war and continuing the legacy of 
Dr. Martin Luther King, Jr.
   Mr. UDALL of New Mexico. Mr. Speaker, today, as we commemorate with 
great sadness the 40th anniversary of his assassination, Americans 
remember how Dr. King inspired us to turn our back on centuries of 
hatred and oppression, how he called on the better angels of our nature 
and led us to a more just America.
   Dr. King made us all believe we could change the world; and, we did. 
But for all that has been achieved since Dr. King was taken from us, 
much remains to be done.
   In the past 40 years, we have seen the fall of Jim Crow, but we have 
also seen the rise of economic inequality that divides the haves 
farther and farther from the have nots, with a shrinking and 
increasingly ignored middle class in between.
   We have seen the birth and growth of the black middle class, but in 
America's cities a black man born today is more likely to move to a 
prison cell than a college dorm.
   We have seen the death of de jure segregation, but in communities 
across America the impact of residential division continues to give us 
two school systems: separate and unequal.
   In the 40 years since Dr. King's death, our world has changed 
dramatically, but his vision of equality has lost none of its power. 
You could say that we need Dr. King today more than ever.
   As a congressman, I sometimes ask myself what Martin would do, and 
the answer never fails to provide some guidance.
   Dr. King fought for equality, and I believe he would be fighting 
today to ensure that every American student has the opportunity to live 
their dreams.
   Dr. King believed in the rights of working people, and I believe he 
would be struggling to give every American worker the right to join a 
union.
   And Dr. King was the victim of a vicious smear campaign launched by 
his own government. I believe he would be working to strengthen our 
civil liberties so that future government officials cannot harass 
future Dr. Kings.
   As we mark his death and celebrate his life, let us recommit 
ourselves to doing Dr. King's work in our own time. Dr. King brought us 
to the mountain top, but it is up to us to reach the Promised Land.
  Mr. CONYERS. Mr. Speaker, I have no further requests for time and 
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. 1061.
  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.

                          ____________________




                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. Con. Res. 310, by the yeas and nays;
  H. Res. 1005, by the yeas and nays;
  H. Res. 1021, 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.

                          ____________________




                              {time}  1545
 EXPRESSING SUPPORT FOR A NATIONAL DAY OF REMEMBRANCE FOR HARRIET ROSS 
                                 TUBMAN

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the concurrent resolution, H. 
Con. Res. 310, 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 Illinois (Mr. Davis) that the House suspend the rules 
and agree to the concurrent resolution, H. Con. Res. 310.
  The vote was taken by electronic device, and there were--yeas 416, 
nays 0, not voting 14, as follows:

                             [Roll No. 150]

                               YEAS--416

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney

[[Page 4682]]


     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     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
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     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
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--14

     Andrews
     Cubin
     Fossella
     Granger
     Jefferson
     Pryce (OH)
     Reynolds
     Rothman
     Rush
     Schwartz
     Shuler
     Tauscher
     Udall (NM)
     Waxman

                              {time}  1611

  Mr. GUTIERREZ changed his vote from ``nay'' to ``yea.''
  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.

                          ____________________




   ANNOUNCING THE PASSING OF FORMER REPRESENTATIVE BILL DICKINSON OF 
                                ALABAMA

  (Mr. EVERETT asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. EVERETT. Members, it is my sad duty to notify the House that a 
former colleague, Bill Dickinson, passed away last night at age 82. 
Bill represented Alabama's Second District prior to me, from 1964 to 
1992. He served as the ranking Republican on the House Armed Services 
Committee during the Reagan military build-up years.
  His death marks a loss to Alabama and to the Nation, and I now ask 
for a moment of silence from the body.
  The SPEAKER pro tempore (Ms. Jackson-Lee of Texas). Members will rise 
and observe a moment of silence.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Without objection, 5-minute voting will 
continue.
  There was no objection.

                          ____________________




  SUPPORTING THE GOALS AND IDEALS OF BORDERLINE PERSONALITY AWARENESS 
                                 MONTH

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the resolution, H. Res. 1005, 
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 Illinois (Mr. Davis) that the House suspend the rules 
and agree to the resolution, H. Res. 1005, as amended.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 414, 
nays 0, not voting 16, as follows:

                             [Roll No. 151]

                               YEAS--414

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     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
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fossella
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch

[[Page 4683]]


     Mack
     Mahoney (FL)
     Maloney (NY)
     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
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Taylor
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--16

     Andrews
     Calvert
     Cubin
     Granger
     Jefferson
     Pryce (OH)
     Reynolds
     Rothman
     Rush
     Schwartz
     Shuler
     Tauscher
     Terry
     Udall (NM)
     Wamp
     Waxman


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes left 
in the vote.

                              {time}  1621

  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.
  The title was amended so as to read: ``Resolution supporting the 
goals and ideals of Borderline Personality Disorder Awareness Month.''.
  A motion to reconsider was laid on the table.

                          ____________________




 SUPPORTING THE GOALS, IDEALS, AND HISTORY OF NATIONAL WOMEN'S HISTORY 
                                 MONTH

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the resolution, H. Res. 1021, 
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 Illinois (Mr. Davis) that the House suspend the rules 
and agree to the resolution, H. Res. 1021, as amended.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 413, 
nays 0, not voting 17, as follows:

                             [Roll No. 152]

                               YEAS--413

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

                             NOT VOTING--17

     Andrews
     Calvert
     Cubin
     Granger
     Jefferson
     McCaul (TX)
     Pryce (OH)
     Renzi
     Reynolds
     Rothman
     Rush
     Schwartz
     Shuler
     Tauscher
     Udall (NM)
     Wamp
     Waxman


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes left 
to vote.

                              {time}  1628

  So (two-thirds being in the affirmative) the rules were suspended and 
the resolution, as amended, was agreed to.

[[Page 4684]]

  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




  REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 5501, TOM 
 LANTOS AND HENRY J. HYDE UNITED STATES GLOBAL LEADERSHIP AGAINST HIV/
      AIDS, TUBERCULOSIS, AND MALARIA REAUTHORIZATION ACT OF 2008

  Mr. WELCH of Vermont, from the Committee on Rules, submitted a 
privileged report (Rept. No. 110-562) on the resolution (H. Res. 1065) 
providing for consideration of the bill (H.R. 5501) to authorize 
appropriations for fiscal years 2009 through 2013 to provide assistance 
to foreign countries to combat HIV/AIDS, tuberculosis, and malaria, and 
for other purposes, which was referred to the House Calendar and 
ordered to be printed.

                          ____________________




                              {time}  1630
 ELECTING CERTAIN MEMBERS TO A CERTAIN STANDING COMMITTEE OF THE HOUSE 
                           OF REPRESENTATIVES

  Mr. SCHIFF. Madam Speaker, by direction of the Democratic Caucus, I 
offer a privileged resolution and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 1066

       Resolved, That the following named Members be, and are 
     hereby, elected to the following standing committee of the 
     House of Representatives:
       (1) Committee on financial services.--Mr. Foster, Mr. 
     Carson.

  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




         REMOVAL OF NAMES OF MEMBERS AS COSPONSORS OF H.R. 3547

  MR. SCHIFF. Madam Speaker, I ask unanimous consent that 
Representatives Roybal-Allard, Linda Sanchez, Solis, and Berman be 
removed as cosponsors of H.R. 3547, and instead be added to H.R. 5477. 
These members were listed as cosponsors on one bill when they should 
have been listed as cosponsors on the other due to a clerical error.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.

                          ____________________




                             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.

                          ____________________




                  APRIL FOOL'S DAY AT THE WHITE HOUSE

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from California (Ms. Woolsey) is recognized for 5 minutes.
  Ms. WOOLSEY. Madam Speaker, today is April the 1st, a day that also 
goes by the nickname April Fool's Day. For most of us, this is a day of 
trickery that only comes once a year. For the White House, it is a day 
that comes all too often. The mistruths, the lies, the deceptions, 
whatever you want to call them, keep flowing out of the White House and 
from its cronies.
  Just the other day, our very own ambassador to Iraq said, and I quote 
him, ``I think there has to be an honest discussion of the consequences 
of Iraq.'' An honest discussion. Now? Why didn't the administration do 
that 5 years ago, I ask you? Just now we need to put on our thinking 
caps and get serious about Iraq? We are in the sixth year of this 
occupation, and Ambassador Crocker thinks now is the time to 
contemplate what is going to happen in Iraq? This is far beyond a day 
late and a dollar short. They are 5 years late and one-half trillion 
dollars short.
  But this never ending April Fool's Day goes on and on. How about 
these oldies but goodies:
  In July 2002, then Secretary of Defense Donald Rumsfeld had a one-
word answer for reporters who asked whether Iraq had relationships with 
al Qaeda terrorists. His answer was, ``Sure.''
  Vice President Dick Cheney in August 2002 simply stated, ``There is 
no doubt that Saddam Hussein now has weapons of mass destruction. There 
is no doubt he is amassing them to use against our friends, against our 
allies, and against us.''
  On January 28, 2003, in his annual State of the Union, the President 
asserted that the British government has learned that Saddam Hussein 
recently sought significant quantities of uranium from Africa. He 
continued, ``Our intelligence sources tell us that he has attempted to 
purchase high-strength aluminum tubes suitable for nuclear weapons 
production.''
  The administration, which has racked up one-half trillion dollars in 
debt, even made the claim that Iraqi oil would pay for the war and that 
we would be met with cheers and flowers.
  Remember that old proverb: Fool me once, shame on you. Fool me twice, 
shame on me. But, you know what? The American people were not fooled by 
these statements, and this Congress mustn't be fooled, either. That is 
why 92 Members of this House have sent a clear message to the 
President. We signed a letter stating that we will not support any more 
blank checks. In fact, we said we will only support appropriating 
additional funds for U.S. military operations in Iraq during fiscal 
year 2008 and beyond for the protection and safe redeployment of our 
troops out of Iraq before President Bush leaves office.
  There is absolutely nothing funny about these tricks that the 
administration has played on this Nation. April Fool's Day ends today. 
We must not take any more nonsense from the White House, and we must 
not sign one more blank check.

                          ____________________




                        HONORING JOHN MONTGOMERY

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from North Carolina (Mr. Jones) is recognized for 5 minutes.
  Mr. JONES of North Carolina. Madam Speaker, I rise today to honor a 
public servant who has given a great deal not only to the State of 
North Carolina but to the country as a whole.
  Since 1972, Mr. John Montgomery has served the Department of Veterans 
Affairs on behalf of our Nation's veterans. Later this month, he will 
retire from his position as director of the VA regional office in 
Winston-Salem in North Carolina.
  Born in Providence, Rhode Island in 1944, Mr. Montgomery is an Army 
veteran who served in an artillery unit in Vietnam from January 1969 to 
April of 1970. He earned a bachelor's degree from Brown University in 
1967 and a law degree from Boston University in 1972. Mr. Montgomery 
began his VA career in Hartford, Connecticut regional office as a 
claims examiner in 1972. In 1975, he transferred to the VA central 
office in Washington, DC as a legal consultant, and 2 years later, he 
was selected as the adjudication officer at the VA Medical and Regional 
Office Center in Togus, Maine. Mr. Montgomery was named director of the 
Providence, Rhode Island VA Regional Office in 1980.
  In February of 1995, he traveled to North Carolina to begin work in 
his current position as director of the VA Regional Office in Winston-
Salem, North Carolina. In this position, he has been responsible for 
administering federal benefits to 790,000 veterans and their families 
living in North Carolina. These services total more than $1.2 billion 
in annual benefit payments.
  The Winston-Salem Regional Office provides benefits and services in 
all program areas to veterans, servicemembers, and reservists residing 
in North Carolina. These programs include compensation, pension, loan 
guarantee, and vocational rehabilitation.
  From 1995 to 2007, Mr. Montgomery oversaw the growth of the Winston-
Salem Office from 240 employees to 530

[[Page 4685]]

employees. During this period, the office grew to the second largest 
disability office in the United States.
  In 2005, he was successful in having Winston-Salem selected as one of 
only two national benefits delivery at discharge sites at regional 
offices. This achievement created an additional 55 professional full-
time positions and helped to ensure that the regional office would be a 
key player in the VA for many years to come.
  As director, Mr. Montgomery has supported the veteran community in 
hiring practices as well as in claims disability work. Of the 516 
employees hired at the regional offices in the last 10 years, 260 were 
veterans, and of that number, 127 were disabled veterans.
  Each year, I visit the Winston-Salem Regional Office to learn about 
the work being done there and, more importantly, to personally thank 
the VA employees for all they do on behalf of our Nation's veterans. It 
was during one of these visits that I was struck by a letter I saw 
hanging on the wall of Mr. Montgomery's office. His family had received 
a letter from President Franklin D. Roosevelt after losing a loved one 
in World War II. And I quote President Roosevelt's letter.
  ``He stands in the unbroken line of patriots who have dared to die 
that freedom might live and grow, and increase its blessings. Freedom 
lives, and through it, he lives, in a way that humbles the undertakings 
of most men.''
  I am so grateful that my friendship with Mr. Montgomery led me to 
this wonderful quote, which I have since shared in my own letters to 
families who have lost a loved one in Afghanistan or Iraq.
  During my visits, Mr. Montgomery has generously acted as my guide and 
has introduced me to employees and visiting veterans. I have witnessed 
firsthand all of the great work being done by Mr. Montgomery and his 
staff to take care of our Nation's veterans. They have excelled in 
their efforts to reduce the number of pending claims while still 
maintaining the accuracy of their case audits.
  In closing, Madam Speaker, I wish to congratulate Mr. Montgomery on 
his retirement and his long and successful career of service with the 
Department of Veterans Affairs. Through his work on behalf of our 
Nation's veterans, he has earned the respect of so many people, and I 
know he will be missed.
  John Montgomery, thank you for a job well done. I wish you all the 
best for a long and happy retirement. May God bless you and your family 
in the years ahead, and may God bless our men and women in uniform, and 
may God bless America.

                          ____________________




                       THE HOUSING STIMULUS PLAN

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Ohio (Ms. Kaptur) is recognized for 5 minutes.
  Ms. KAPTUR. Madam Speaker, The Politico, a newspaper that is 
published and distributed here in the Congress, has an article today 
about how hard the Democrats are working to address the housing 
stimulus plan that the American people are waiting for.
  In places like Ohio, the mortgage foreclosure rate is at all-time 
highs, and Washington seems to be frozen. There was a program passed 
here that I voted for for housing counseling to try to help workouts a 
few months ago; and then I learned that, in a community as hard struck 
as northern Ohio is, it yielded $60,000. $60,000 in a region where 
hundreds and hundreds of people are losing their homes.

                              {time}  1645

  Washington doesn't seem to be able to match the reality of what is 
happening across this country.
  A newspaper today reports that Senator Chris Dodd from the other body 
stated that ``Congress needs cooperation. This is not a partisan issue. 
Our economy is in trouble. We need people to step up and recognize it 
is Americans that are at risk, and it is America that is at risk.''
  The figures state that in another sign of distressed housing markets, 
home equity dipped below 50 percent, an historic low for our Nation. 
Home mortgage volume fell by 17.5 percent last quarter, and pending 
home sales also are reaching new lows. We know what the reality is. And 
yet today, all the major papers had lead stories about the resignation 
of the Secretary of Housing and Urban Development, Mr. Alphonso 
Jackson. USA Today reports: ``HUD chief departure a blow to President.
  ``For the first time in President Bush's tenure, one of his Cabinet 
members is stepping down amid a criminal investigation.''
  The article continues: ``The FBI has been investigating the ties 
between Mr. Jackson and a friend who was paid $392,000 by the U.S. 
Department of Housing and Urban Development as a construction manager 
in New Orleans, according to the Associated Press.'' It is quite a long 
story about that resignation.
  And then in the Washington Post, the same sort of story, ``Jackson 
Resigns as HUD Secretary, Longtime Bush Friend is Facing Cronyism 
Investigation.''
  Mr. Jackson announced his resignation yesterday, leaving the Bush 
administration without a top housing official in the midst of this vast 
mortgage crisis which has shaken not just the American economy but the 
global economy.
  The New York Times lead editorial today: ``Put the Housing Back in 
HUD.'' Boy, can we underline that.
  It talks about what a sad commentary it is on the Bush 
administration's low regard for HUD's mission that Mr. Jackson was 
permitted to remain in office for so long. And it points out in 2006, 
an inspector general's report found Mr. Jackson had urged his staff 
members to favor Mr. Bush's supporters when it awarded contracts. And 
more recently, the Philadelphia Housing Authority sued Mr. Jackson, 
charging he had threatened to take away $50 million from that authority 
because its president would not turn over valuable property to a 
developer with ties to Mr. Jackson. He has refused to answer the 
Senate's questions about the matter, and the Times ends with this 
admonition: ``Mr. Jackson's resignation clears the way for President 
Bush to name a top caliber successor, given the seriousness of the 
mortgage crisis.'' It should also be an occasion to reflect on the cost 
of appointing HUD secretaries whose priorities are politics and 
patronage rather than housing and urban development, which was the 
mission of HUD from the very beginning.
  We are celebrating the 40th anniversary of the Kerner Commission 
Report; and as we look at the disaster we are facing in housing across 
this country that demands a national response, to have the major 
official here in our Nation's capital have to step down under a cloud 
of wrongdoing, and to have no one in place, a team of people who can 
really reach out to the American people and help as many of them as 
possible hold onto their largest form of savings, which is their home, 
is an absolute national disgrace.
  It seems like the organizations that are here in our Nation's capital 
aren't really serious about helping the American people to hold onto 
their most prized possession after their family, their home, for 
heaven's sake.
  You really wonder what has been going on inside that administration, 
what has been going on on Wall Street with people walking away with 
tens of millions of dollars in fees, and the American people's equity 
just being washed down the drain.
  I recommend to the President that he go beyond appointing a person of 
high repute to the office of Secretary of HUD and have a strike team in 
the White House that can deal with every region of this country being 
so hard hit in this mortgage crisis.
  Madam Speaker, I will include the articles for the Record.

                   [From the USA Today, Apr. 1, 2008]

                HUD Chief Departure a Blow to President

                           (By David Jackson)

       Washington.--For the first time in President Bush's tenure, 
     one of his Cabinet members is stepping down amid a criminal 
     investigation.
       Housing Secretary Alphonso Jackson, a longtime Bush ally 
     from Texas, said Monday he'll leave his post on April 18. He 
     announced his departure on the fourth anniversary of his 
     Senate confirmation.
       The FBI has been investigating the ties between Jackson and 
     a friend who was paid

[[Page 4686]]

     $392,000 by the U.S. Housing and Urban Development Department 
     as a construction manager in New Orleans, according to the 
     Associated Press. Jackson's friend got the job after Jackson 
     allegedly asked a HUD staffer to pass along his name to the 
     Housing Authority of New Orleans.
       Other Bush Cabinet members, such as former Attorney General 
     Alberto Gonzales, have left office under political clouds. 
     But Jackson, 62, is the highest ranking Bush official to 
     depart in this manner. Last June, former deputy Interior 
     secretary Steven Griles was convicted and sent to prison for 
     lying to a congressional panel about the access and favors he 
     gave to lobbyist Jack Abramoff.
       James Thurber, who directs the Center for Congressional and 
     Presidential Studies at American University, said Jackson's 
     resignation is not good news for Bush as he seeks political 
     leverage with Congress and tries to stay relevant during an 
     intense presidential campaign to succeed him.
       ``This is the last thing that he needs,'' Thurber said.
       Separately, Jackson and HUD still face a federal lawsuit by 
     the Philadelphia Housing Authority, accusing Jackson of 
     retaliating against that agency because it refused to turn 
     over land to one of his developer friends.
       Carl Greene, executive director of the Philadelphia agency, 
     told USA TODAY that Jackson ``orchestrated a series of 
     procedural and enforcement actions'' designed to deprive his 
     agency of federal funds.
       Greene said his lawyers still may want to question Jackson, 
     but his main goal is to get the department ``to allow us to 
     continue carrying out our mission.''
       HUD official Mark Studdert said in a March 19 letter the 
     federal government was not retaliating against the 
     Philadelphia agency, but was citing it for not being in 
     compliance with federal law on tenants with physical 
     disabilities.
       Jackson did not mention the federal investigation or the 
     lawsuit during his brief announcement. ``There comes a time 
     when one must attend diligently to personal and family 
     matters,'' said Jackson, without taking questions from 
     reporters.
       The resignation came 10 days after Democratic Sens. Patty 
     Murray of Washington and Chris Dodd of Connecticut urged Bush 
     to remove Jackson, citing ``the clouds of justice Department 
     investigations and reports of an empanelled grand jury'' at a 
     time of nationwide mortgage failures.
       Bush, who flew early Monday to Kiev, Ukraine, issued a 
     statement saying he accepted Jackson's resignation with 
     regret. A friend of Jackson since they both lived in Dallas 
     in the early 1990s, Bush said, ``I have known him to be a 
     strong leader and a good man.''
       In 2006, the Dallas Business Journal reported Jackson said 
     that he rejected a contract with one man who told him he did 
     not like Bush. That led to a report by the HUD inspector 
     general that Jackson told employees to consider political 
     affiliation when deciding contracts. The inspector general 
     said there was no evidence that contracts were actually 
     awarded on such a basis.
       Jackson told the inspector general that the report of his 
     comments in Dallas was not true.
                                  ____


                [From the Washington Post, Apr. 1, 2008]

                    Jackson Resigns as HUD Secretary

                  (By Dan Eggen and Carol D. Leonnig)

       Embattled Housing and urban Development Secretary Alphonso 
     Jackson announced his resignation yesterday, leaving the Bush 
     administration without a top housing official in the midst of 
     a vast mortgage crisis that has shaken the global economy.
       Jackson, a longtime friend and former neighbor of President 
     Bush, departed after the White House concluded he had too 
     many controversies swirling around him to be an effective 
     Cabinet member, several HUD officials said privately.
       Jackson has been accused of favoritism involving HUD 
     contractors for two years, and the FBI and the Justice 
     Department are investigating whether he steered business to 
     friends.
       Several Democratic lawmakers demanded Jackson's resignation 
     last month after he refused to answer questions about the 
     accusations including a lawsuit filed by the Philadelphia 
     Housing Authority against HUD that alleged Jackson and his 
     aides used the department to punish the authority for 
     refusing to transfer valuable property to one of Jackson's 
     friends.
                                  ____


                [From the New York Times, Apr. 1, 2008]

                      Put the Housing Back in HUD

       As relieved as we were to see Alphanso Jackson resign on 
     Monday as the secretary of housing and urban development, it 
     was a sad comment on the Bush administration's low regard for 
     HUD's mission that Mr. Jackson was permitted to remain in 
     office so long.
       Mr. Jackson offered the usual excuse for resigning; his 
     family, apparently, needs to see more of him. It's evident, 
     though that his resignation has something to do with the 
     ongoing investigation of Mr. Jackson for allegedly using his 
     position for partisan politics and to reward friends. Even 
     this administration, with its high tolerance for that sort of 
     behavior, no doubt considered it uintenable--finally--to have 
     such a dubious housing chief when home mortgages are in 
     crisis.
       Mr. Jackson made little impression in either housing or 
     urban development. He did make headlines in April 2006, 
     however, when he boasted that he had taken a contract away 
     because the contractor had been critical of President Bush. 
     ``Why should I reward someone who doesn't like the president, 
     so they can use funds to try to campaign against the 
     president?'' The Dallas Business Journal quoted him as saying 
     in a speech.
       Mr. Jackson later said that he was lying when he talked 
     about awarding contracts for political reasons, but an 
     inspector general's report later that year found that Mr. 
     Jackson had urged his staff members to favor Mr. Bush's 
     supporters when it awarded contracts.
       More recently, the Philadelphia Housing Authority sued Mr. 
     Jackson, charging that he had threatened to take away $50 
     million because its president would not turn over valuable 
     property to a developer with ties to Mr. Jackson. He has 
     refused to answer the Senate's questions about the matter.
       Federal authorities are also reportedly investigating 
     whether he steered housing contracts in New Orleans and the 
     Virgin Islands to friends.
       HUD has a long history of mismanagement and corruption, 
     which has been particularly pronounced in Republican 
     administrations. That is most likely because with rare 
     exceptions, like former HUD Secretary Jack Kemp, Republicans 
     do not seem to believe in the agency's mission. Samuel 
     Pierce, the HUD secretary for all eight years of Ronald 
     Reagan's presidency, defended Mr. Reagan's sharp cuts in 
     subsidized housing. He presided over a department mired in 
     scandals, including ones that led to criminal convictions of 
     several of his aides.
       President Bush consistently backed Mr. Jackson, as recently 
     as last month after Senators Patty Murray, Democrat of 
     Washington, and Christopher Dodd, Democrat of Connecticut, 
     called for his dismissal. But questions kept mounting about 
     Mr. Jackson's integrity at a time when his department's 
     Federal Housing Administration has an important role to play 
     in trying to stave off foreclosures.
       Mr. Jackson's resignation clears the way for Mr. Bush to 
     name a top-caliber successor, given the seriousness of the 
     mortgage crisis. It should also be an occasion to reflect on 
     the cost of appointing HUD secretaries whose priorities are 
     politics and patronage rather than housing and urban 
     development.

                          ____________________




                            SUNSET MEMORIAL

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Arizona (Mr. Franks) is recognized for 5 minutes.
  Mr. FRANKS of Arizona. Madam Speaker, I stand once again before this 
body with yet another Sunset Memorial.
  It is April 1, 2008, in the land of the free and the home of the 
brave, and before the sun set today in America, almost 4,000 more 
defenseless unborn children were killed by abortion on demand--just 
today. That is more than the number of innocent American lives that 
were lost on September 11th, only it happens every day.
  It has now been exactly 12,853 days since the travesty called Roe v. 
Wade was handed down. Since then, the very foundation of this Nation 
has been stained by the blood of almost 50 million of our own children.
  Some of them, Madam Speaker, cried and screamed as they died, but 
because it was amniotic fluid passing over their vocal cords instead of 
air, we couldn't hear them.
  All of them had at least four things in common.
  They were each just little babies who had done nothing wrong to 
anyone. Each one of them died a nameless and lonely death. And each of 
their mothers, whether she realizes it immediately or not, will never 
be the same. And all the gifts that these children might have brought 
to humanity are now lost forever.
  Yet even in the full glare of such tragedy, this generation clings to 
a blind, invincible ignorance while history repeats itself and our own 
silent genocide mercilessly annihilates the most helpless of all 
victims to date, those yet unborn.
  Madam Speaker, perhaps it is important for those of us in this 
Chamber to remind ourselves again of why we are really all here.
  Thomas Jefferson said, ``The care of 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. It is our sworn oath.
  The bedrock foundation of this Republic is that clarion Declaration 
of the self-evident truth that all human beings are created equal and 
endowed by their creator with the unalienable

[[Page 4687]]

rights of life, liberty and the pursuit of happiness. Every conflict 
and battle our Nation has ever faced can be traced to our commitment to 
this core self-evident truth. It has made us the beacon of hope for the 
entire world. It is who we are.
  And yet Madam Speaker, another day has passed, and we in this body 
have failed again to honor that foundational commitment. We failed our 
sworn oath and our God-given responsibility as we broke faith with 
nearly 4,000 more innocent American babies who died today without the 
protection that we should have given them.
  Madam Speaker, let me conclude, in the hope that perhaps someone new 
who heard this sunset memorial 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 12,853 days spent killing 
nearly 50 million unborn children in America is enough; and that the 
America that rejected human slavery and marched into Europe to arrest 
the Nazi Holocaust is still courageous and compassionate enough to find 
a better way for mothers and their babies than abortion on demand.
  So tonight, Madam Speaker, may we each remind ourselves that our own 
days in this sunshine of life are also numbered and that all too soon 
each of us will walk from these Chambers for the very last time.
  And if it should be that this Congress is allowed to convene on yet 
another day to come, may that be the day when we finally hear the cries 
of the innocent unborn. May that be the day we find the humanity, the 
courage, and the will to embrace together our human and our 
constitutional duty to protect the least of these, our tiny American 
brothers and sisters, from this murderous scourge upon our Nation 
called abortion on demand.
  It is April 1, 2008--12,853 days since Roe v. Wade first stained the 
foundation of this nation with the blood of its own children--this, in 
the land of free and the home of the brave.

                          ____________________




                         THANK YOU, PAT SALBERG

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Illinois (Mrs. Biggert) is recognized for 5 minutes.
  Mrs. BIGGERT. Madam Speaker, I rise today to bid a fond farewell to a 
long-time member of my district staff, Pat Salberg. Pat recently 
retired after 23 years of dedicated service to the people of Illinois' 
13th Congressional District.
  Having served as a caseworker on the staff of my predecessor, 
Representative Harris Fawell, Pat was kind enough to agree to stay with 
my office--only temporarily, she said--to aid the transition. That was 
10 years ago.
  It seems her retirement plans just kept getting pushed back by an 
untiring love of helping others. From seniors with Social Security 
questions to a homeless mom looking for shelter for her child, Pat 
never hesitated to go above and beyond to find a solution for those in 
need.
  Were you to ask her colleagues about it, they would tell you that her 
love for others is rivaled only by her love of animals, both cuddly and 
otherwise. In fact, members of my staff in the district are to this day 
forbidden from stepping on spiders or other insects that might be 
roaming around the office. Pat insisted that they be scooped up to 
safety and set free outside.
  One time she even tried to save a live lobster that someone had 
unwittingly given her as a gift. Pat didn't rest until it had been set 
free in a co-worker's pond.
  Needless to say, it is little surprise to any of us who know Pat that 
Pat plans to spend some of her newly acquired free time volunteering at 
the Brookfield Zoo. I expect she will also spend more time gardening 
and playing bridge with friends.
  Madam Speaker, Pat is a wonderful colleague and will always remain a 
part of our team in the 13th Congressional District. As she turns to 
new, more leisurely pursuits in life, I would like to wish her good 
health and great happiness. I know her two daughters, Wendy and Debbie, 
as well as her grandchildren, Megan, Scott, and Collin, will be glad to 
have Pat around even more. And I thank them for letting us borrow her 
for as long as they did.
  Finally, Madam Speaker, I would like to thank Pat Salberg for all she 
has done for the community and for me. We will miss her dearly.

                          ____________________




                          HONORING CHARLIE ARA

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from California (Ms. Linda T. Sanchez) is recognized for 5 
minutes.
  Ms. LINDA T. SANCHEZ of California. Madam Speaker, this afternoon I 
rise to recognize Mr. Charlie Ara, the recipient of the First Annual 
Cesar Chavez Humanitarian Award for the 56th Assembly District of 
California, for over 50 years of community service and activism in the 
field of human and civil rights.
  Mr. Ara was ordained a Roman Catholic priest by Cardinal James 
Francis McIntyre on April 25, 1956, at St. Vibiana's Cathedral in Los 
Angeles, California.
  From 1956 to 1970, he served as associate pastor in five large 
parishes in the Archdiocese of Los Angeles: St. Lawrence Martyr in the 
South Bay area; St. Finbar's in the Burbank-Glendale area; Visitation 
in West Los Angeles; All Saints in El Sereno; and St. Cecilia's in the 
Tustin-Santa Ana area of Orange County.
  On August 28, 1963, Mr. Ara participated in the March on Washington, 
along with over 250,000 people, and experienced Martin Luther King 
Jr.'s ``I Have a Dream'' speech. Mr. Ara has carried Mr. King's message 
of equality throughout his career.
  Mr. Ara became a strong advocate for social justice, including 
support for farm workers, anti-Vietnam War activists, and fair housing 
legislation for Mexican-American families living in public housing 
projects in East Los Angeles.
  In 1970, Mr. Ara married. He and his wife, Shirley, were blessed with 
five wonderful children: Martin John, Jose Anthony, Rana Annette, Dawna 
Gibrana, and Matthew Charles.
  Mr. Ara became the chief executive and administrator of anti-poverty 
programs funded by the California Community Services Administration, 
the U.S. Department of Labor, and the City of Long Beach Department of 
Rehabilitation.
  Through these programs, Mr. Ara assisted Latinos and other ethnic 
minorities by directing men and women to job training programs. Mr. Ara 
also established English classes for the Spanish-speaking community, 
served as a liaison with the welfare department, and sought assistance 
for the elderly.
  Mr. Ara also wrote and obtained the first mental health government 
grant for the Asian American community in Long Beach serving widows of 
fallen military servicemembers.
  In addition to his advocacy work, Mr. Ara holds a doctoral degree in 
psychology and has been a marriage and family counselor for 36 years. 
He has written a best-selling marital success guide titled, ``The Grass 
is Greener Where It is Watered.''
  Mr. Ara has prepared many thousands of couples for marriage, and has 
made numerous appearances on national television and radio programs to 
discuss his work.
  Most recently, Mr. Ara led an effort with the Hubert Humphrey 
Democratic Club of Cerritos and the African-American community to 
observe the Martin Luther King Jr. Holiday in the city of Cerritos.
  Madam Speaker and distinguished colleagues, please join me in 
recognizing Charlie Ara for his many years of service to the community, 
and for his many years of social justice advocacy. He is a great man 
who does great work in our community. We respect him tremendously, and 
he deserves this honor.

                          ____________________




              TWO MICHELLES, TWO AMERICAS & SHAME V. PRIDE

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Colorado (Mr. Tancredo) is recognized for 5 minutes.
  Mr. TANCREDO. Madam Speaker, an article came across my desk earlier 
today which I believe needs and deserves the attention of this House. 
It is titled, ``2 Michelles, 2 Americas & Shame v. Pride.'' It was 
written by Michelle Malkin.
  She writes: ``Like Michelle Obama, I am a 'woman of color.' Like 
Michelle Obama, I am a working mother of two

[[Page 4688]]

young children. Like Michelle Obama, I am member of the 13th generation 
of Americans born since the founding of our great Nation.
  ``Unlike Michelle Obama, I can't keep track of the numbers of times I 
have been proud--really proud--of my country since I was born and 
privileged to live in it. At a recent speech in Milwaukee, Mrs. Obama 
remarked, `For the first time in my adult lifetime, I am really proud 
of my country, and not just because Barack has done well, but because I 
think people are hungry for change'.
  ``Mrs. Obama's statement was met with warm applause from those who 
also are apparently devoid of pride in their country during their adult 
lifetimes. Or maybe it was a Pavlovian response to the word `change'. 
What a sad, empty, narcissistic, ungrateful, unthinking lot.
  ``I am just 7 years younger than Ms. Obama. We have grown up and 
lived in the same era. And yet, her self-absorbed attitude is 
completely foreign to me. What planet is she living on? Since when was 
now the only time the American people have ever been `hungry for 
change'?
  ``We were both adults when the Berlin Wall fell. That was an earth-
shattering change. We lived through two decades of peaceful, if 
contentious, election cycles under the rule of law, which have brought 
about change and upheaval, both good and bad. We were adults through 
several launches of the space shuttle, in case you were snoozing. And 
as adults, we've witnessed and benefited from dizzyingly rapid advances 
in technology, communications, science, and medicine pioneered by 
American entrepreneurs who yearned to change the world and succeeded.
  You want `change'? Go ask the patients whose lives have been improved 
and extended by American pharmaceutical companies that have flourished 
under the best economic system in the world.
  ``If American ingenuity, a robust constitutional republic, and the 
fall of communism don't do it for you, then how about American heroism 
and sacrifice? How about every Memorial Day, every Veterans Day, every 
Independence Day, every medal of honor ceremony? Has she never attended 
a ``welcome home ceremony'' for the troops? For me, there is a thrill 
of the Blue Angels roaring over the cloudless skies, and there is the 
somber awe felt amid the hallowed waters that surround the sunken USS 
Arizona and Pearl Harbor Memorial.

                              {time}  1700

  Every naturalization ceremony I've attended where hundreds of new 
Americans raise their hands to swear an oath of allegiance to this land 
of liberty has been a moment of pride for me, so has the awesome 
display of American compassion at home and around the world when 
millions of Americans rallied to help victims of the 2004 tsunami on 
Southeast Asia, including members of the USS Abraham Lincoln Carrier 
Strike Group that sped from Hong Kong to assist the survivors. My heart 
filled with pride. It did again when the citizens of Houston opened 
their arms to Hurricane Katrina victims and folks across the country 
rushed to their churches and offices of the Salvation Army and Red 
Cross to volunteer.
  How about American resilience? Does it not make you proud? Only a 
heart of stone could be unmoved by the strength, the valor and 
determination displayed by New York, Washington, DC and Shanksville, 
Pennsylvania on September 11, 2001.
  I believe it was Michael Kinsley who quipped that a gaffe is when a 
politician tells the truth. In this case, it's what happens when an 
elite Democrat politician's wife says what a significant portion of her 
party's base really believe to be truth: America is more a source of 
shame than pride.
  Michelle Obama has achieved enormous professional success, political 
influence and personal acclaim in America. Ivy League educated, she's 
been lauded by Essence magazine as one of the 25 Most Inspiring Women, 
by Vanity Fair as one of the ten World's Best-Dressed Women, and named 
one of `The Harvard 100' most influential alumni. She has an amazingly 
blessed life, but you wouldn't know it from her campaign rhetoric or 
her griping about her and her husband's student loans.
  For years we've heard liberals get offended by any challenge to their 
patriotism. And so they are again aggrieved and rising to explain away 
Ms. Obama's remarks. Lady Michelle and her defenders protest too much.
  Madam Speaker, I am proud of America for many reasons, not the least 
of which is because it helped shape the character of Michelle Malkin.

                          ____________________




           COMMENDING ULYSSES BYIS ELEMENTARY SCHOOL STUDENTS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from New York (Mrs. McCarthy) is recognized for 5 minutes.
  Mrs. McCARTHY of New York. Madam Speaker, I rise today to recognize 
the good works of the students of the Ulysses Byis Elementary School in 
Roosevelt, Long Island, in my district.
  On Tuesday, March 18, I visited the students at the school to honor 
their hard work in raising awareness and funds for humanitarian efforts 
helping those suffering from the conflict in Darfur, Sudan. The 
students worked to help achieve and support the mission of the U.N. 
Millennium Development goals in bringing aid and awareness to health, 
education, poverty, and sustainable living needs in Africa.
  Under the guidance of educators Ms. Hazelton, Ms. Warfield, and 
Principal Lillian Coggins-Watson, the students got involved with the 
national network of O Ambassador's clubs, a part of Oprah's ``Angel 
Network,'' with the goal of working to find solutions to global 
challenges through active learning, idea sharing, and taking action.
  The students worked diligently and raised $1,100 in just 2 days to 
benefit relief agencies in the East African Nation of Sudan. These 
students made an extraordinary effort to help a problem that is very 
far away from them, and their work and contributions need to be 
acknowledged.
  Considering the volume of money Congress manages every single day, 
$1,100 might sound like a small amount, but the effort by the children 
of Ulysses Byis Elementary School was massive, considering that many of 
the families in the Roosevelt School District face harsh economic 
challenges of their own.
  The fact that these students worked as hard as they did to raise the 
money that will help save the lives of people thousands of miles away 
speaks not only of their extraordinary character, but what a terrific 
job the teachers and parents in the Roosevelt School District are doing 
in instilling in the children the qualities that make our citizens and 
Nation great.
  The students have not stopped in their efforts to raise money and 
attention to the difficulties facing the people of Darfur. In fact, 
since I visited the school just 2 weeks ago, the students have raised 
over $600 more and have the goal of reaching $5,000 by the end of the 
school year. They plan to sell scratch-off tickets, hold a walk-a-thon, 
and continue to collect the pocket change that students bring with them 
to school. These children will not let any obstacle prevent them from 
achieving their goal to help the Sudanese people.
  Some of the money raised by the students will go towards the purchase 
of mosquito bed nets, which have been shown to dramatically lessen the 
spread of malaria. The seemingly simple technology of insecticide 
treated bed nets has proven to be remarkably effective and can save 
thousands of lives a year by minimizing one of the region's most deadly 
diseases.
  As has been mentioned many times here on the House floor, the 
situation in Darfur is dire, and financial aid is crucial in helping to 
manage the humanitarian crisis that is being faced there every day.
  While we are still working to find ways to help eliminate the 
violence and brutality of genocide that has become synonymous with 
Darfur, we need to take a lesson from the students and work to help 
them manage the health and well-being of the country's population. Each 
year, thousands of

[[Page 4689]]

Sudanese will fall victim to disease and famine. What makes these 
deaths even more tragic is that so many could have been prevented by 
the use of the kind of bed netting that the money raised by the 
students will go towards purchasing.
  Additionally, this week we will vote on H.R. 5510, the Tom Lantos and 
Henry J. Hide United States Global Leadership Against HIV/AIDS, 
Tuberculosis and Malaria Reauthorization Act of 2008. The bill will 
provide much-needed funds that will be useful in advancing the causes 
that the children are working toward. This bill will help impact one of 
the most important issues of our time, helping to stem the spread of 
deadly and potentially preventable diseases.
  It is absolutely vital that the United States Government and Members 
of this Congress continue to decry the outrageous horrors of genocide 
and Darfur. And we must continue to find ways, as the children have, to 
help the Sudanese people survive.
  I would like to extend my congratulations and deepest gratitude to 
the students of the Ulysses Byis Elementary School, and their teachers, 
principals and parents for their tremendous efforts and their spirit of 
giving and generosity.
  I would also like to thank and recognize the efforts of Oprah Winfrey 
for offering the tools and inspiration for the children at the Ulysses 
Byis School and students throughout the Nation through her Angel 
Network and O Ambassadors program to take action and to do the hard 
work necessary to help those less fortunate.
  Finally, I would just like to tell the students of the Ulysses Byis 
School to keep up their good work. Don't quit. I know that you will 
reach and exceed your goals. The people of Darfur need your help, and 
we are all behind you. I thank the students for the work they have 
done.

                          ____________________




                       SARAH TERRY/RELAY FOR LIFE

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Virginia (Mr. Goode) is recognized for 5 minutes.
  Mr. GOODE. I rise to salute the Prince Edward County and Longwood 
University Relay for Life for their fundraising efforts for the 
American Cancer Society.
  Cancer affects millions of families across the United States each 
year. The 2008 Prince Edward/Longwood Relay for Life is particularly 
special because this year's walk will honor Sarah Terry, a long-time 
community activist and a manager of my Farmville office. Sarah served 
on the Virginia Board of Corrections, the Longwood University Board of 
Visitors, and as Executive Director of the Farmville Area Chamber of 
Commerce.
  Sarah battled breast cancer for almost a decade before succumbing to 
the illness on December 1, 2007. Even while ill, Sarah continued to 
fight diligently for the Farmville/Prince Edward community in many 
capacities to promote the local economy, outdoor recreation and 
tourism.
  I commend the Relay for Life for honoring an inspirational figure and 
community leader in Sarah Terry.

                          ____________________




 NAME DISPUTE BETWEEN GREECE AND FORMER YUGOSLAV REPUBLIC OF MACEDONIA

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from New York (Mrs. Maloney) is recognized for 5 minutes.
  Mrs. MALONEY of New York. Madam Speaker, I rise today to discuss the 
name dispute between Greece and the Former Yugoslav Republic of 
Macedonia (FYROM). We call it FYROM for short. FYROM is located just 
north of present day Greece, and its capital is Skopje. It is one of 
the countries formed from the breakup of the former Yugoslav Republic, 
Yugoslavia.
  FYROM is an interim name. The U.N. oversees a framework where Greece 
and FYROM have agreed to negotiate a mutually agreeable permanent name 
for this new nation. As the founder and cofounder of the Congressional 
Caucus on Hellenic Issues, this is an issue of tremendous importance to 
Greece and the Caucus.
  All historical and archaeological evidence demonstrates that the 
ancient Macedonians were Greek. Macedonia is a Greek name that was 
designated in the northern area of Greece for 2,500 years.
  In 1944, the name of Skopje region was changed to Macedonia as part 
of Tito's imperialistic campaign to gain control of the Greek province 
of Macedonia. The United States opposed Tito's use of the name 
Macedonia at that time, but in November 2004, unilaterally and without 
warning, this present administration decided to recognize the former 
Yugoslavia Republic of Macedonia as Macedonia, using the Greek name. It 
was a shock and a disappointment to the Greek American community, and 
myself and many others, that the White House went against prior U.S. 
policy to recognize FYROM as Macedonia just 2 days after the 2004 
presidential election, and before talks were completed among the 
nations most directly affected by the outcome.
  Along with former Representative Bilirakis and 68 of our colleagues, 
we sent a letter to the former Secretary of State, Colin Powell, 
expressing our concerns about this decision. We also organized meetings 
with the American Ambassador and other officials in the State 
Department. We believe that the name ``Macedonia'' properly belongs to 
Greek culture and, therefore, should not be used by any other country. 
Greek Macedonia is one of the oldest civilizations known to man, and 
the history of this name should be recognized and respected.
  Along with my colleagues, Bilirakis, Sarbanes and Space, we have 
introduced legislation, H.R. 356, which expresses the sense of the 
House of Representatives that the FYROM should stop the utilization of 
materials that violate provisions of the U.N.-brokered interim 
agreement between FYROM and Greece regarding hostile activities or 
propaganda, and should work with the U.N. and Greece to achieve long-
standing U.S. and U.N. policy goals of finding a mutually acceptable 
name. Our bipartisan resolution now has over 114 cosponsors.
  I just want to say that, in a major good will gesture, Greece has 
already agreed with the word Macedonia in the name. And they say it 
would be acceptable as long as it is combined with some type of 
qualifier to make clear that there are no designs on the historical 
boundaries of the provinces of Macedonia. But Skopje keeps doing sort 
of antagonistic things. This week, they erected a billboard in Skopje 
that depicts the Greek flag, but in the area where the cross is, they 
have put in a swastika. I would like to say to my colleagues, if 
someone erected billboards with the American flag and put a swastika 
where our stars are, we would be somewhat upset.
  Also, in their textbooks, and I have examples here, they print maps 
that show that Skopje includes territories of Greece. They have also 
printed on their currency the symbol of Greece; the white tower was on 
their currency. We have since had them remove it. But I would say to my 
colleagues, if at the height of the power of the USSR, if they started 
printing maps that showed their boundaries, including Alaska, and 
decided to take our Statue of Liberty and put it on their flag, I think 
we would be a little upset that our symbols and our territory had been 
used in such a way.
  I bring this to my colleagues today because just this week the North 
Atlantic Treaty Organization (NATO) will hold a Heads of State and 
Government summit in Bucharest, Romania. One of the major issues 
considered will be the expansion of NATO and the possible extension of 
membership invitations to Albania, Croatia and to the FYROM. In this 
context, I will submit for the record the March 27th article in the 
Huffington Post entitled, ``NATO Enlargement--the View from Athens,'' 
written by Greece's Ambassador to the U.N., Alexandros Mallias.

                 NATO Enlargement--The View From Athens

       An important NATO summit will take place next week in 
     Bucharest, Romania. Our discussion will focus on two main 
     issues: the first, NATO enlargement and developments

[[Page 4690]]

     in the Western Balkans; the second, an evaluation of the 
     Alliance's operations in Afghanistan (ISAF) and Kosovo 
     (KFOR). In both of these U.N. mandated operations, there is 
     an important Greek contribution of 2,000 men.
       Greece, for over 15 years now, has held the position that 
     the future of Southeastern Europe lies in its integration 
     into the Euroatlantic Institutions. On the basis of this 
     strategic choice, we support NATO's ``open door'' policy. An 
     open door policy, however, must be based on the principles of 
     good neighborly relations and allied solidarity.
       Greece supports the enlargement of NATO in the Western 
     Balkans, with the invitations to Croatia and Albania. It is 
     ready also to welcome the Former Yugoslav Republic of 
     Macedonia (FYROM), provided that our northern neighbor shifts 
     from their nationalistic logic and agree to a mutually 
     agreeable name for international use that differentiates the 
     new Balkan state from the Greek province of Macedonia; a name 
     that will not be a vehicle for propaganda and irredentism 
     against a neighboring NATO member.
       Athens has shown its good will towards Skopje in many ways. 
     It has supported its neighbor, both politically and 
     economically, ranking as the number one foreign investor in 
     that country, with $1 billion invested capital that has 
     generated 30,000 new jobs. Most recently, we went the extra 
     mile, or rather the most important mile, when we expressed 
     our readiness to agree to a composite name with a geographic 
     qualifier. This is a major shift from Greece's initial 
     position, which excluded any use of the term ``Macedonia'', 
     in the name of our neighbor.
       Some have questioned our stance on the name issue and the 
     possibility of a Greek veto at the NATO summit, if the name 
     issue is not resolved by then. Some are suggesting that we 
     are re-fighting old battles, not seeing the ``big picture'', 
     that we are drawn into the past.
       My answer to these claims is that the name issue is not a 
     bilateral one. It is an international issue, which concerns 
     our broader region. Directly, or indirectly, it concerns NATO 
     and the U.N. And, if not resolved now, it may fester to 
     poison future generations, undermining stability and 
     cooperation in the 21st century.
       We hope that with active U.N. mediation and U.S. 
     involvement, a resolution of this issue will be achieved 
     before the Bucharest summit.
       On this issue, we are not alone. 115 members of the U.S. 
     Congress, from both parties, support House Resolution 356, 
     expressing the ``sense of the House of Representatives that 
     FYROM should stop hostile activities and propaganda against 
     Greece, and should work with the United Nations and Greece to 
     find a mutually acceptable official name''.
       A similar resolution, S.R. 300, was introduced in the 
     Senate by Senators Menendez, Obama, Snowe.
       The immediate settlement of the name issue before the NATO 
     Summit in a mutually agreeable way, will allow Greece, the 
     U.S.'s strongest ally in the Balkans, to support FYROM's 
     membership to NATO and ultimately to the European Union, a 
     strategic goal also shared by the U.S.
       A prerequisite for a proper relationship as allies and 
     partners is that of good neighborliness. We have lived 
     together through good and bad times, we have shared tragedy, 
     but also share hope for a bright future. Let's leave behind 
     the former and invest in the latter.
       Greece has called upon FYROM's leadership to act 
     responsibly and show political courage and meet Greece half 
     way. It will be a responsible move on the part of an aspiring 
     candidate, a move that will win them a European future, a 
     future of stability, peace and economic prosperity, based on 
     the principles upon which NATO and the European Union are 
     founded.
       Alexandros P. Mallias is Ambassador of Greece to the United 
     States.

  Greece has consistently stated its desire to have the FYROM admitted 
into NATO provided that they cease the use of the name ``Republic of 
Macedonia'' and adopt a mutually acceptable name for both parties. 
Along with the 114 cosponsors, we urge them to take this into 
consideration.
  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Indiana (Mr. Burton) is recognized for 5 minutes.
  (Mr. BURTON of Indiana addressed the House. His remarks will appear 
hereafter in the Extensions of Remarks.)

                          ____________________




                     HUGE COST OVERRUNS AT PENTAGON

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Tennessee (Mr. Duncan) is recognized for 5 minutes.
  Mr. DUNCAN. Madam Speaker, the front page of the Washington Post 
today carries a story about $295 billion in cost overruns at the 
Pentagon; $295 billion. That is a mind-boggling, almost 
incomprehensible figure to anyone who stops to think about it. The 
headline reads, ``GAO Blasts Weapons Budget.''
  Listen to this story. Government auditors issued a scathing review 
yesterday of dozens of the Pentagon's biggest weapons systems, saying 
ships, aircraft and satellites are billions of dollars over budget and 
years behind schedule. The story continues, ``The Government 
Accountability Office found that 95 major systems have exceeded their 
original budgets by a total of $295 billion, bringing their total cost 
to $1.6 trillion and are delivered almost 2 years late, on average.

                              {time}  1715

  Apparently, there are no fiscal conservatives at the Pentagon. 
Apparently they believe that the Congress will just keep giving them 
more money, no matter how wasteful or inefficient they become. Of 
course, almost all the defense contractors hire plenty of admirals and 
generals, so almost all of these contracts are sweetheart deals anyway.
  It is what the International Herald Tribune a few years ago called 
the ``revolving door'' at the Pentagon. $1.6 trillion in total costs, 
and $295 billion in cost overruns, and this was just on the major 
systems. No telling how much more was wasted on the smaller contracts.
  $295 billion would run the entire government of Tennessee, schools, 
health care, roads, prisons, parks, and on and on for the next 11 
years.
  Then, on top of all this waste, the request for the Iraq War for the 
coming fiscal year is $189 billion, or over $500 million a day. 
Apparently we are having so much success over there that we have to 
give them more money, more troops and more contractors than ever 
before.
  There is nothing fiscally conservative about the war in Iraq. 
Conservatives, above all, should realize that any gigantic government 
bureaucracy is always going to ask for more money and always find 
reasons to justify it.
  And Congress is afraid to cut the Defense Department for fear of 
being seen as unpatriotic. Yet, it is a very false and very blind 
patriotism that allows the Pentagon to continually waste mega billions 
and allows the Defense Department to spend like there is no tomorrow.
  In a few short years, we will not be able to pay all of our Social 
Security, Medicare, veterans' pensions, veterans' health care and many 
other things if we do not bring Federal spending under some type of 
control.
  In a newsletter I sent to my constituents in Tennessee a few weeks 
ago I wrote these words before I knew about these cost overruns I've 
spoken about today. ``Jonah Goldberg wrote in a recent issue of 
National Review that the `insight that involvement abroad fuels the 
expansion of the state was central to the formation of the modern 
conservative and libertarian movements.'
  ``In other words, perpetual war leads to bigger government and goes 
very much against traditional conservatism.
  ``Yet some conservatives have fallen into a trap of never questioning 
any military expenditure even though there is great waste and 
overspending in the military just as there is in any giant government 
bureaucracy.
  ``Our Constitution is a very conservative document, and our founding 
fathers felt very strongly that we should have civilian control of the 
military:
  ``Service in our military is very honorable and patriotic, but we 
need strong national defense, not international defense.
  ``We simply cannot afford to be the policeman of the world, and with 
the speed of communication and transportation today, we do not need our 
military in so many countries.
  ``Conservatives should support an efficient, fiscally conservative 
military, but it should not believe in turning the Department of 
Defense into the Department of Foreign Aid as it is in many ways 
today.''

[[Page 4691]]



                          ____________________




  HONORING DENNIS KING ON THE OCCASION OF HIS RETIREMENT FROM PUBLIC 
                                SERVICE

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Illinois (Mr. Hare) is recognized for 5 minutes.
  Mr. HARE. Madam Speaker, I rise today to recognize my Chief of Staff, 
Dennis King, who is retiring from the House of Representatives after 33 
years of distinguished public service.
  Dennis, a native of Miami, Florida, first came to Congress as a 
Special Assistant to the late Representative Dante Fascell. He then 
served as Chief of Staff for my friend and predecessor, Representative 
Lane Evans.
  When I asked Dennis to continue in the same role on my staff, he 
enthusiastically accepted, saying he felt like he had ``unfinished 
business to take care of.'' Dennis' decision to extend his service 
shows his dedication, not only to the people of the 17th District of 
Illinois, but to working families and to veterans everywhere.
  Dennis and I have been very close friends for over 25 years. We share 
the same values. Some might wonder how Dennis, a Duke University 
graduate with a Georgetown law degree, could form such a close bond 
with me, a factory worker from West Central Illinois. It's simple. 
Dennis cares about the people of the 17th District as much as I do.
  When Congressman Evans hired me to be his District Director and 
Dennis was my supervisor, he had faith in me from day 1, serving as a 
mentor and pulling me from the edge of the cliff during the times I 
lost my way. I will always be grateful for the chance Dennis gave me.
  And Dennis is also a congenial and friendly person. Current and 
former staff say they will miss sitting in his office talking about 
everything from politics to family to sports. No matter what time of 
day or how busy Dennis was, he always put down whatever he was doing 
the minute someone walked into his office. The care and attention he 
gave to every single person is one of the major reasons he's so 
beloved.
  Another trait I admire in Dennis is his brilliant political mind. I 
asked him to be my Chief of Staff because, as a new Member of Congress, 
I knew I needed someone who understood Capitol Hill inside and out, and 
whom I could trust to keep me on the right path. Dennis has amazed me 
with his intuitions, decision-making and loyalty, always choosing the 
right course for the people of my district and this Nation.
  It cannot go without saying that when one thinks of Dennis King, one 
thinks of Lane Evans and vice versa. The two men were like brothers, a 
friendship that started when they attended law school at Georgetown 
University. And together they made history fighting for veterans and 
working families across our Nation.
  Dennis often mentions how much he learned from Lane, but the truth is 
that Dennis taught Lane so much as well. He was an integral part of all 
the great things Lane was able to accomplish.
  I want to also acknowledge Dennis' family, his wife, Nancy, and his 
two sons, Steven and Jeffrey. As most of you know, the job of Chief of 
Staff can take a toll on one's family. The time commitment is great and 
the stress can be overwhelming. Nancy has demonstrated remarkable 
patience over the years and remains an incredible source of support for 
Dennis. Next year Dennis and Nancy will celebrate their silver wedding 
anniversary, a true testament to their love and respect for each other. 
I wish them both the best in whatever life brings them.
  And Dennis, although I say this with a heavy heart, congratulations 
on your retirement. Thank you for your service, your laughs, your hard 
work. Your efforts and advice have allowed us to accomplish many great 
things in my first term and have ultimately made me a much better 
Member of this body. Your spirit, humor, intelligence and the ease by 
which you led the Hare team will be missed.
  Best of luck, and please keep in touch.
  God bless.

                          ____________________




                     COLOMBIA FREE TRADE AGREEMENT

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Illinois (Mr. Weller) is recognized for 5 minutes.
  Mr. WELLER of Illinois. Madam Speaker, I submit for the Record an 
editorial from yesterday's Washington Post in support of the U.S.-
Colombia Trade Promotion Agreement, as well as a column by Edward 
Schumacher-Matos, a former foreign correspondent for the Times, as well 
as a visiting professor of Latin American Studies at Harvard, a column 
that was published in yesterday's New York Times as well.

               [From the Washington Post, Mar. 31, 2008]

             Free Colombia: A Trade Pact Everyone Can Love

       Sometime after Congress returns from Easter recess this 
     week, President Bush is likely to present the Colombia Trade 
     Promotion Agreement for the approval of the House and Senate. 
     As we have said, the proposed pact is good policy for both 
     Colombia and the United States. Colombia has long enjoyed 
     periodically renewable tariff-free access to the U.S. market; 
     the agreement would make that permanent. In exchange, U.S. 
     producers would, for the first time, get the same tariff-free 
     deal when they export to Colombia. Meanwhile, the agreement 
     contains labor and environmental protections much like those 
     that Congress has already approved in a U.S.-Peru trade pact. 
     A vote for the Colombia deal would show Latin America that a 
     staunch U.S. ally will be rewarded for improving its human 
     rights record and resisting the anti-American populism of 
     Venezuela's Hugo Chavez.
       Sending the agreement to the House of Representatives 
     without the prior approval of Speaker Nancy Pelosi (D-Calif.) 
     would be risky for the president; usually, the executive and 
     legislative branches tee up such votes cooperatively. But 
     months of Democratic resistance to the Colombia deal may have 
     left Mr. Bush no choice. The agreement is being held hostage 
     by members of the House (and Senate) who argue that 
     Colombia--despite a dramatic drop in its overall murder toll 
     under the leadership of President Alvaro Uribe--hasn't done 
     enough to protect trade union activists or to punish past 
     murders of labor leaders. It's a spurious complaint: 
     Actually, in 2006, union members were slightly less likely 
     than the average Colombian to be murdered. But the human 
     rights issue has served as cover for many Democrats whose 
     true objections are to free trade itself.
       Once the agreement arrives on the Hill, Congress will have 
     90 legislative days to vote yes or no--no amendments and no 
     filibusters allowed, because special ``fast track'' rules 
     apply. The Bush administration is betting that enough 
     Democrats would support the pact to ensure its passage in the 
     House, if it ever comes up for a vote. Of course, Ms. Pelosi 
     could make an issue of the president's failure to get her 
     approval to submit the pact and then could have her caucus 
     shoot down the deal. But she could also engage the White 
     House in serious negotiations. The president has signaled a 
     willingness to consider reauthorizing aid for workers 
     displaced by trade, legislation that is dear to the 
     Democrats' labor constituency and that he has heretofore 
     resisted.
       Ms. Pelosi recently said that no Colombia deal could pass 
     without trade adjustment assistance--without also mentioning 
     the bogus trade unionists issue. Perhaps she is realizing 
     that talking to Mr. Bush about swapping a Colombia vote for 
     trade adjustment assistance might actually lead to a tangible 
     accomplishment. At least we have to hope so.
                                  ____


                          Killing a Trade Pact

                      (By Edward Schumacher-Matos)

       President Bush has been urging Congress to approve a 
     pending trade agreement with Colombia, an ally that recently 
     almost went to war with Venezuela and Hugo Chavez. Even 
     though the agreement includes the labor and environmental 
     conditions that Congress wanted, many Democrats, including 
     Senators Hillary Clinton and Barack Obama, now say that 
     Colombia must first punish whomever has been assassinating 
     the members of the nation's trade unions before the agreement 
     can pass.
       An examination of the Democrats' claims, however, finds 
     that their faith in the assertions of human-rights groups is 
     more righteous than right. Union members have been 
     assassinated, but the reported number is highly exaggerated. 
     Even one murder for union organizing is atrocious, but 
     isolated killings do not justify holding up the trade 
     agreement.
       All sides agree that trade-union murders in Colombia, like 
     all violence, have declined drastically in recent years. The 
     Colombian unions' own research center says killings dropped 
     to 39 last year from a high of 275 in 1996.
       Yet in a report being released next week, the research 
     center says the killings remain ``systematic'' and should be 
     treated by the courts as ``genocide'' designed to 
     ``exterminate'' unionism in Colombia. Most human-rights 
     groups cite the union numbers and

[[Page 4692]]

     conclude, as Human Rights Watch did this year, that 
     ``Colombia has the highest rate of violence against trade 
     unionists in the world.''
       Even if that is true, it was far safer to be in a union 
     than to be an ordinary citizen in Colombia last year. The 
     unions report that they have 1 million members. Thirty-nine 
     killings in 2007 is a murder rate of 4 unionists per 100,000. 
     There were 15,400 homicides in Colombia last year, not 
     counting combat deaths, according to the national police. 
     That is a murder rate of 34 citizens per 100,000.
       Many in Congress, moreover, assume that ``assassinations'' 
     means murders that are carried out for union activity. But 
     the union research center says that in 79 percent of the 
     cases going back to 1986, it has no suspect or motive. The 
     government doesn't either.
       When the Inter American Press Association several years ago 
     investigated its list of murdered Colombian journalists, it 
     found that more than 40 percent were killed for 
     nonjournalistic reasons. The unions have never done a similar 
     investigation.
       There are, however, a growing number of convictions for 
     union murders in Colombia. There were exactly zero 
     convictions for them in the 1990s, Colombia's bloodiest 
     decade, when right-wing paramilitaries and leftist guerrillas 
     were at the height of their strength. Each assassinated the 
     suspected supporters of the others across society, including 
     in unions.
       With help from the United States, in 2000 the Colombian 
     military and the judicial system began to reassert 
     themselves. Prosecuting cases referred by the unions 
     themselves, the attorney general's office won its first 
     conviction for the murder of a trade unionist in 2001. Last 
     year, the office won nearly 40.
       Of the 87 convictions won in union cases since 2001, almost 
     all for murder, the ruling judges found that union activity 
     was the motive in only 17. Even if you add the 16 cases in 
     which motive was not established, the number doesn't reach 
     half of the cases. The judges found that 15 of the murders 
     were related to common crime, 10 to crimes of passion and 13 
     to membership in a guerrilla organization.
       The unions don't dispute the numbers. Instead, they say the 
     prosecutors and the courts are wasting time and being anti-
     union by seeking to establish motive--a novel position in 
     legal jurisprudence.
       The two main guerrilla groups have an avowed strategy of 
     infiltrating unions, which attracts violence. About a third 
     of the identified murderers of union members are leftist 
     guerrillas. Most of the rest are members of paramilitary 
     groups--presumed to be behind two of the four trade unionist 
     murders this month. The demobilization of most paramilitary 
     groups, along with the prosecutions and government protection 
     of union leaders, has contributed to the great drop in union 
     murders.
       President Alvaro Uribe, who has thin skin, can be unwisely 
     provocative when responding to complaints from unions and 
     human rights groups. Still, the level of unionization in 
     Colombia is roughly equal to that in the United States and 
     slightly below the level in the rest of Latin America. The 
     government registered more than 120 new unions in 2006, the 
     last year for which numbers are available. The International 
     Labor Organization says union legal rights in Colombia meet 
     its highest standards. Union leaders have been cabinet 
     members, a governor and the mayor of Bogota.
       Delaying the approval of the trade agreement would be 
     convenient for Democrats in Washington. American labor unions 
     and human-rights groups have made common cause to oppose it 
     this election year. The unions oppose the trade agreement for 
     traditional protectionist reasons. Less understandable are 
     the rights groups.
       Human Rights Watch says that it has no position on trade 
     but that it is using the withholding of approval to gain 
     political leverage over the Colombian government. Perversely, 
     they are harming Colombian workers in the process. The trade 
     agreement would stimulate economic growth and help all 
     Colombians.

  Madam Speaker, I rise in support of the U.S.-Colombia Trade Promotion 
Agreement. I urge the Speaker of the House to bring this important 
agreement to the floor for a vote, an agreement that was, where 
negotiations were completed 2 years ago, where an agreement that was 
signed 18 months ago and has been waiting for a long time. This 
agreement is a good agreement for America. It's a good agreement for 
Illinois. It's also a good agreement for Colombia.
  Illinois is a major exporting State. My district is dependent on 
exports to grow jobs. And last year my State of Illinois exported $214 
million worth of Illinois products to Colombia, and that's just the 
beginning because under the U.S.-Colombia Trade Promotion Agreement, 80 
percent of all tariffs, and tariffs are taxes, on U.S. and Illinois 
products are eliminated immediately when the trade agreement goes into 
effect.
  And I would note today that Colombian products come into the United 
States duty-free, without taxes. But we suffer taxes when we export to 
Colombia.
  And I would note that the facts have shown that exports grow 50 
percent faster with nations like Chile and Peru and Central America, 
where we have trade agreements, than those where we do not.
  Who is Colombia? Well, Colombia is our most reliable partner and best 
friend in Latin America. Colombia is our most reliable partner in 
counter-narcotics and counter-terrorism. It's the longest standing 
democracy in all of Latin America. And they have a popular president, 
President Uribe. The reason President Uribe has been so popular is he's 
reduced violence; he's brought security to the entire country.
  People today feel secure traveling between cities, where five and 10 
years ago they feared to go. In fact, 71 percent of Colombians today 
say they feel more secure under President Uribe. 37 percent say 
President Uribe respects human rights. Homicides are down by 40 
percent; kidnappings are down by 76 percent. In fact, the murder rate 
today in Colombia is lower than Baltimore or Washington, DC.
  No wonder President Uribe is the most popular elected official in 
this entire hemisphere. And compare that 80 percent approval rating 
President Uribe enjoys with the 18 percent that this Congress suffers 
and the difference in approval.
  Now those who oppose the U.S.-Colombia Trade Agreement say, well, 
Colombia just hasn't done enough. They need to keep doing more before 
we'll give them the privilege of having this agreement with the United 
States. And they say that there's been violence against labor leaders.
  Well, let's look at the facts. President Uribe has made major changes 
in how they prosecute those who commit murder and violent acts. He's 
added 418 new prosecutors, 545 new investigators, 2,166 new posts 
overall in the Prosecutor General's office. And he's increased 
prosecution funding by 75 percent.
  A respected labor leader in Colombia said, Carlos Rodriguez, 
President of the United Workers Confederation said about these new 
posts and this funding, never in the history of Colombia have we 
achieved something so important. $39 million was spent this past year 
providing bodyguards and protection for 1,500 labor leaders and 
activists. No other group enjoys this special kind of protection. And 
it's been successful. I would note no labor leader has suffered an 
attack or lost his life who's participated in this program.
  The International Labor Organization has removed Colombia from its 
labor watch list. Colombia has agreed to a permanent ILO representative 
in Colombia. That helps explain why 14 major labor leaders in Colombia 
have endorsed this trade agreement.
  Colombia is our best friend in Latin America. It's our most reliable 
ally. Colombia deserves a vote.
  Think about it. Two years this trade agreement has waited; 18 months 
since it was signed by the leadership of both countries.
  Latin America is undergoing some challenges, and those who are not 
friends of the United States have made it very clear they want to 
defeat the U.S.-Colombia Trade Agreement because they think that's in 
their best interest, and they've also said that if the Congress defeats 
the trade agreement, it will send a powerful signal to all Latin 
America that the United States can't be trusted, and that if you're a 
friend of the United States, in the long run they'll let you down.
  Well, President Uribe and the government of Colombia, the 
democratically elected government of Colombia, are our best friends, 
our most reliable allies in all Latin America, and all Latin America is 
watching on how we treat our best friend.
  This agreement is good for America. It's good for Illinois. If you're 
an Illinois worker, an Illinois manufacturer, an Illinois farmer, you 
win under the U.S.-Colombia Trade Promotion Authority.
  Madam Speaker, I urge that this House schedule soon a vote on the 
U.S.-

[[Page 4693]]

Colombia Trade Agreement and ratify this agreement so important to 
democracy, freedom and economic growth in our own hemisphere.

                          ____________________




                              {time}  1730
                       THE CURRENT HOUSING CRISIS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from New York (Ms. Clarke) is recognized for 5 minutes.
  Ms. CLARKE. Madam Speaker, today I rise to express my dismay 
regarding the housing crisis. It's a multifaceted housing crisis. It's 
a mortgage crisis for home buyers. It's an inventory crisis for the 
affordable rentals. It is an investment crisis for public housing.
  Two top executives at Countrywide Financial are expected to receive a 
combined golden parachute totaling $19 million, and while these top 
executives cash out their stock options, hardworking Americans are left 
struggling, trying to prevent the loss of their homes and ultimately 
their financial ruin.
  It is truly incredible how the Bush administration, SEC Chairman Cox, 
Treasury Secretary Paulson, and Federal Reserve Chairman Bernanke have 
seen fit to extend billions of dollars for a Wall Street bailout but 
won't provide additional, adequate aid to borrowers fighting every day 
to save their properties.
  Today, we are looking at one of the biggest financial catastrophes 
since the Great Depression.
  Brooklyn, New York, has five of the top 10 neighborhoods with the 
highest subprime lending rates, including East Flatbush, which is 
located in my district.
  Madam Speaker, after analysis and examination, the sharp increases in 
foreclosures are connected to predatory lending practices from abusive 
lending institutions. New York City will likely see more than 10,000 
foreclosures this year, which is roughly double the number of 
foreclosures in 2004.
  But while Washington is concerned about the impact of the subprime 
mortgage crisis on Wall Street, on Main Street many hardworking people 
are getting left behind. Hardworking families and individuals like 
those I represent in central Brooklyn have for far too long been 
targets of predatory lending practices; yet this administration comes 
to the rescue of the high-profile executives and leaves the very people 
who they are sworn to serve, defend, and protect to fend for 
themselves.
  We must not forget that there is another dimension to the housing 
crisis occurring in communities less traveled by many, in the community 
where many are suffering from the affordable rental housing crisis. 
These families are being squeezed out of their homes as landlords 
convert their apartments to high-priced condominiums, earning double-
digit rent increases or opting out of Federal subsidy programs such as 
Mitchell-Lama or project-based section 8 as more affordable rental 
apartments are being lost while the demand increases.
  Let's not forget as well public housing's vital role in this housing 
crisis. Public housing is home to more than 400,000 New Yorkers. The 
New York City Housing Authority, which has a running deficit of more 
than $200 million every year, has been severely reducing their spending 
on security, maintenance, sanitation, and repairs, leaving many 
residents living in uninhabitable conditions.
  NYCHA had to lay off employees and close youth centers in an attempt 
to preserve its core services, and in housing projects located in 
neighborhoods such as Brownsville, Brooklyn, crime continues to reach 
into the lives of our families.
  Public housing is essential to New York City, and this negligence 
simply cannot continue.
  So, in conclusion, Madam Speaker, the Bush administration's actions, 
or lack thereof, clearly demonstrates that instead of preventing the 
devastating loss to our communities by providing financial assistance 
to homeowners, providing full funding to reduce the affordable housing 
stock from dwindling, and preventing public housing units from 
deteriorating, our President has taken the path of least resistance by 
bailing out corporate fat cats and turning a blind eye and a deaf ear 
to the hard-working families of my district and of our Nation.
  Madam Speaker, I look forward to working with my colleagues to turn 
this devastating condition around and restoring the pride and dignity 
of responsible, thriving communities.

                          ____________________




                    THE MURDER OF TWO TEENAGE GIRLS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Texas (Mr. Poe) is recognized for 5 minutes.
  Mr. POE. Madam Speaker, the year was 1993, 15 years ago, when two 
teenage girls, Jennifer Ertman and Elizabeth Pena, 14 years of age and 
16 years of age, were walking home one evening. Unfortunately for them, 
when they took a shortcut, they came across a gang by the name of the 
Black and Whites. Their gang leader was Jose Ernesto Medellin.
  He and his fellow gangsters kidnapped these two teenage girls, 
brutally assaulted them, taunted them, raped them for over an hour, and 
then with the shoelaces from the tennis shoes of these two girls, they 
made a noose and strangled both of these girls.
  The brutal killing that took place, Madam Speaker, as you are aware 
being from Houston, incensed the people of the Houston area, especially 
the way in which these two girls met their death. But 5 days later, 
Jose Medellin was arrested, and in his possession, he had on his wrist 
a Mickey Mouse watch that he had stolen from Jennifer Ertman, his token 
of the murder of a little girl. He was proud of what he had done. He 
was so proud of it he even bragged about it and confessed to the 
Houston Police Department of raping and killing these two girls after 
he was properly warned.
  He was tried for capital murder. The State was seeking the death 
penalty, and 12 jurors in a court in Houston, Texas, convicted him and 
gave him the death penalty, which he earned and deserved for what he 
did to these two teenage girls. He appealed his case all the way to 
Supreme Court, and the Supreme Court of the United States upheld his 
conviction saying it was lawful. But that was not the end of the story.
  Because, you see, 15 years later Jose Ernesto Medellin is still 
alive. And back when this trial occurred 15 years ago, I met the 
families of these two teenage girls, and they to this day continue to 
suffer and wonder if justice will ever be served. And the reason that 
he has not met his just reward is because he appealed his case again to 
the Supreme Court, and the Supreme Court right down the street last 
week upheld the conviction for a second time.
  His second appeal was somewhat unique because, you see, it turns out 
Jose Ernesto Medellin, who was fluent in English, apparently is 
illegally from the nation of Mexico, and he was an illegal immigrant 
when he committed this homicide. Back in the days of 1993, the Houston 
Police Department didn't even ask people what nationality they were 
when they arrested them, but be that as it may, the Mexican Government 
then decided to sue the United States of America in the World Court, 
claiming that the State of Texas should have told Jose Ernesto Medellin 
that he had the right to consult with the Mexican consulate before he 
confessed. Of course, the Houston Police Department never told him he 
couldn't consult with the Mexican consulate. He was warned properly 
under Federal law and under State law.
  But the Mexican Government was not satisfied with that after the 
conviction was upheld, and 10 years later, they filed this lawsuit in 
the World Court. And the World Court ruled that the State of Texas had 
to retry Jose Ernesto Medellin for capital murder because he was not 
told he should have been allowed to talk to his Mexican consulate.
  Of course, this gets more complicated because, you see, the President 
of the United States intervened on behalf of the nation of Mexico. 
After this decision was made in the World Court, the

[[Page 4694]]

President of the United States told the courts in Texas to follow the 
World Court order, retry Jose Ernesto Medellin for capital murder, and 
the Texas courts, in all due respect to the administration, ignored the 
President's request because, as they said, the judicial branch is 
independent of the executive branch, and the President has no 
jurisdiction over telling any court, much less Texas courts, what to 
do.
  It turns out that Jose Ernesto Medellin is not the only Mexican 
national on death row in the United States. There are 54 others who 
have been tried throughout the country, most of them in Texas, and have 
been given the death penalty for heinous crimes committed against 
people in the United States.
  So, after that second case came before the Supreme Court, the issue 
was, after being sued in the World Court by Mexico, whether or not the 
State of Texas must abide by a World Court decision telling them to 
retry a case. And the second issue was, does the President, any 
President, have the authority, as the executive branch of government, 
to order a State court to do anything, including retry somebody for a 
case where they have been found convicted.
  Well, the Supreme Court ruled 6-3 that the World Court opinion has no 
bearing in Texas courts and that the President of the United States, 
the executive branch, has no jurisdiction over Texas courts to tell 
them what to do. The International Court of Justice, as the World Court 
is called, lacks jurisdiction in this case to order the courts of Texas 
to do anything because, you see, part of the problem was Jose Ernesto 
Medellin never complained for over 10 years that he didn't have the 
chance to talk to his Mexican consulate, and as most lawyers know in 
the legal profession, and as a former trial judge, if you don't object 
at the trial, you've waived that right indefinitely.
  So, Madam Speaker, maybe justice will be served in this case if Jose 
Ernesto Medellin will meet the fate he deserves, and maybe our Federal 
Government will stop taking the wrong side of this issue of supporting 
illegal immigrants over people in the United States, like little girls 
who are murdered.
  And that's just the way it is.

                          ____________________




              IMPORTANCE OF ISSUES DEBATED IN SUSPENSIONS

  The SPEAKER pro tempore (Ms. Clarke). Under a previous order of the 
House, the gentlewoman from Texas (Ms. Jackson-Lee) is recognized for 5 
minutes.
  Ms. JACKSON-LEE of Texas. Madam Speaker, as we debate various issues 
here in the United States Congress and in this House, it is sometimes 
important to remind Members of the history of this Nation and the 
importance of matters that Members discuss. They are called 
suspensions, but they're no less important and speak eloquently to the 
history and the diversity of this Nation.
  I would quickly like to acknowledge my support for the Civil Rights 
Act of 1964 commemorative coin and support my colleague John Lewis for 
offering this very important initiative, for a country that does not 
remember its history is doomed to repeat the past. We've gained much 
from the Civil Rights Act of 1964, and I support the legislation.
  As we speak today about honoring our history, I am also reminded that 
this is the week of the 40th anniversary of the assassination of Dr. 
Martin Luther King. This past Friday, I was able to stand in front of 
the hotel in which he was assassinated, walk out on to the balcony and 
be reminded of this peaceful giant. And so it is important for us to 
take a moment, of which we will do on this coming Thursday, to remember 
not so much his death and the violence of his death, but his love for 
humanity and the ability to bring people together. He truly was a 
leader of a movement.
  Today, I stood with my colleagues, Congressman Baca and others, to 
support the national holiday for Cesar Chavez because they were 
brothers, Martin King and Cesar Chavez.
  I think it is important as we look at Women's History Month that we 
recount not only our national figures as I support the debate that 
reminded us this past month, March 2008 was Women's History Month, how 
exciting it is to see the historic opportunities that women have had 
and are increasingly having, knowing that they just gained a vote in 
1920.
  I was very honored to be able to bring to the attention of my 
colleagues Ramona Tolliver, a champion and a fighter for empowerment of 
those in the Fifth Ward area; Nellie Joyce Punch, again from Houston, a 
fighter for those in the Fifth Ward area and educator and a lover of 
providing equal opportunity to young people; Dr. Deason, a long-
standing principal in Houston of the High School for Health 
Professions. There is certainly no greater lover of education and 
helping our children than Dr. Deason. And certainly I think it is 
important to acknowledge Commissioner Sylvia Garcia in Houston who has 
turned the corner as the first woman commissioner in Harris County. 
Then, of course, I salute Shirley Chisholm and Carole Mosley Braun, 
women who ran for President, and my former predecessor Barbara Jordan.
  Women are on the move, and it is certainly important to acknowledge 
their history in this country, and it should not be ignored that women 
have struggled to overcome, and that is, of course, the women who get 
up every morning and ride the buses and teach the schools and work for 
us in restaurants and in hospitals and are doctors and lawyers and 
others. Women deserve the honoring of this month.

                              {time}  1745

  And one who certainly deserves it is a Civil Cross winner, a young 
19-year-old from Texas, Monica L. Brown.
  Which brings me to the upcoming testimony of General Petraeus and 
Ambassador Crocker. Having just come back from Iraq, let me simply say 
that the legislation that I have offered, which I will discuss over the 
next couple of days into the testimony of the two individuals that will 
be coming, first of all, let me thank them for all of their service and 
offer my concern for the public servants and U.S. personnel in the 
Green Zone, of which we have stayed, who have been bombed in the last 
couple of days. It is the very clarity of what I saw that says to me it 
is time to bring our troops home. We serve no large purpose to engage 
in, if you will, the civil war that may be going on in Iraq. We can 
serve as technical advisers and counselors, and we can bring other 
nations together to assist in a peaceful transition. We can, as my bill 
says, bring our soldiers home in honor and begin a diplomatic surge; 
make the Maliki government engage in nonsectarianism, as the Sunnis 
told me face to face; eliminate the sectarianism, Shiite and Shiite, 
Kurds and Sunnis; and begin to talk about a stable Iraq. That is not 
America's task; it is a task of the Iraqi government, the Iraqi people. 
And it certainly is a task that we must charge Iran for them to stop 
sending mortars and ammunition to create the havoc that is going on. 
But that is not the war. That is not the resolution. That is not the 
war of America. It is clearly a time to transition.
  Those are the hard questions that we will pose to our heroes, 
Ambassador Crocker and General Petraeus. We appreciate that they have 
been trying to serve America in the best way possible, but it is now 
time to serve not only America and our sons and daughters but the 
American people who deserve an investment in their country, a 
rebuilding of the military, and an acknowledgment and celebration of 
the heroes of the Iraq War and certainly a recognition of those who 
still fight in Afghanistan for it is time now to focus our attention 
there.
  With that, Madam Speaker, we look forward to saving America.

[[Page 4695]]



                          ____________________




THE NATIONAL RAMIFICATIONS OF U.S. AIR FORCE'S DECISION TO AWARD TANKER 
               CONTRACT TO EUROPEAN AEROSPACE CONSORTIUM

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 18, 2007, the gentleman from Washington (Mr. Inslee) is 
recognized for 60 minutes as the designee of the majority leader.
  Mr. INSLEE. Madam Speaker, Mr. Tiahrt of Kansas and I, and others may 
join us later, have come tonight to talk about an important issue with 
large national ramifications, and that is the decision by the United 
States Air Force to decline a contract for our next extremely important 
tanker and to give it to a consortium, a very significant portion of 
which will be manufactured in Europe through a consortium in part with 
EADS and the Airbus company in Europe.
  I represent an area north of Seattle with thousands of Boeing 
workers; so obviously this is an important issue in my district. 
Certainly the hometown team is Boeing.
  But our discussion tonight will be about why all America ought to be 
very concerned about this decision for several reasons. And it is an 
obvious situation where there is very significant employment in my 
district that any Congress person would be concerned about that, but 
what we want to talk about tonight are the national ramifications and 
why we believe this is a very, very injurious decision that needs to be 
reversed one way or another.
  For background in this regard, the very able and really spectacularly 
performing aircraft, the KC-135, that for decades have provided the 
very backbone of our United States Air Force capability, will soon be 
at some point entering their obsolescence. Herculean efforts have been 
put forward to keep those great airplanes in the air, but at some point 
we've got to have a new airplane, and we know that that is the case.
  So we have been engaged in an effort to provide another replacement. 
A good United States product, Boeing, competed with subcontractors 
across the United States for a 767 airframe that we believed was 
perfect for the task, and by all information provided, the Air Force 
would provide the capability that was needed by the Air Force.
  Unfortunately, the Air Force has decided to reject an American 
contractor on this extremely important contract. And obviously it's 
important for dollars. It's a $40 billion contract, with a ``b.'' That 
is a significant contract. But of more importance to Americans are the 
job and employment prospects, and obviously that's important in the 
aircraft industry. If we see what has happened recently in the last 
decade, we know why it's important to think about this issue.
  If I can refer to a chart showing the decline in teal or blue, this 
shows United States aerospace industry employment from 1979 to 2007. We 
have suffered a very, very significant decline, just about 50 percent 
of employment jobs in the United States compared to what we had in 
1983, a peak year. Now, that has corresponded with the rise of the 
Airbus aircraft deliveries that have gone up, as indicated in these red 
bars, pretty much every year since about 1979. So we have had a 
significant loss of employment in the United States already in our 
aerospace industry. It has been in sync with the rise of Airbus sales. 
And we respect competition in America and should not decry or shrink 
from competition, and we would congratulate Airbus in a legitimate 
competition in any of these sales. But we point this out to show that 
we have already suffered a significant decline of thousands of jobs in 
the United States. So now we have a situation where that loss will be 
exacerbated by this decision should it stand.
  Now, what is at stake here potentially could be 44,000 American jobs. 
Predictions are in that range of jobs that would have been involved in 
this contract. We know that we get different stories about where the 
Airbus employment will be. I want to point out one of the curious 
things, if I can. We get certain different viewpoints about where the 
jobs would be if, in fact, this contract is ultimately granted to 
Airbus. I note a newspaper article here in Les Echos, and I may 
mispronounce that, in Europe when Airbus talked about the employment on 
this contract. The article says that 76 percent of the employment 
associated with this tanker contract would be European and only 21 
percent would be combined United States and Canadian content. That's in 
the article as publicized in France. In the United States, the rather 
large public relations effort that has gone on through Airbus, in fact, 
says it will be 50 percent in the United States. So it appears, at 
least in one instance, Airbus suggests that only 21 percent of the 
product in this tanker will be in the United States, and in America 
they suggest it will be about 50 percent. Some could chalk that up to 
hyperbole, salesmanship, but it means tens of thousands of jobs to 
Americans across this country, not just in the Seattle area where I 
reside but contracts across this country. We think that's significant 
and it's unfortunate. So this is a very significant thing that we are 
here to talk about tonight. It's not only employment but it's 
capability as well.
  So we are going to talk tonight about the ramifications of this 
decision, why we think it was inappropriately made, and what we may 
consider to reverse this decision.
  And with that I would like to yield to the gentleman from Kansas (Mr. 
Tiahrt), who been a stalwart and a champion on educating our colleagues 
about the importance of this, something we are going to talk about 
tonight at some length, which is the favorable treatment of Airbus by 
the European governments and why this has skewed this particular 
contract.
  Mr. TIAHRT. I thank the gentleman from Washington for yielding. And I 
also want to thank Mr. Inslee for his leadership in trying to bring 
some common sense to the procurement process down at the Department of 
Defense.
  Madam Speaker, Americans are outraged by the Air Force outsourcing 
our national security to the French. This contract award to a foreign 
manufacturer is wrong, and it makes us less, not more, secure.
  As my chart to the left here shows, we should have known that we had 
a problem when the President's helicopter replacement, the VH-71, went 
to a foreign manufacturer. We should have suspected it again when the 
light utility helicopter went to a foreign manufacturer. And now with 
the KC-X program going to be a manufacturer, it's as plain as the nose 
on your face. We have three of the last four major contract awards now 
going to foreign suppliers.
  Here's how this works: The Department of Defense and the Air Force 
really have bent over backwards to give this contract to the French, 
but they've been very sly. They first, as a foreign supplier, find an 
American front company, and then they employ tactics like waiving 
regulations that our Department of Defense gladly awards them. They use 
illegal subsidies. They employ illegal subsidies. And then they buy 
into defense contracts, knowing that further on down the line, there 
won't be the ability to have an American manufacturer beat them out in 
any competitive bid. And then further, as was pointed out by Mr. 
Inslee, they make promises in their proposals, and then the contracts 
are awarded by the Department of Defense, but they change their mind 
about the work content and they keep the work in Europe.
  Let me just talk for a brief minute about why this was such a shock 
when this contract went to a foreign supplier. The Air Force tanker 
roadmap is a chart that was given to us by the Air Force. I sit on the 
Defense Subcommittee of Appropriations, and in December of last year, 
December of 2007, this was the chart that they said was their roadmap 
to replacing the tankers. On the left-hand side here, we have 2006. 
This is where this chart begins, fiscal year 2006, and it runs out to 
fiscal year 2007.
  They have two tankers in our stock now. They have two versions of the 
KC-135. They have the older KC-135Es, which are the first ones to go 
out of the inventory. Next we're going to replace the KC-135Rs. ``R'' 
stands for the

[[Page 4696]]

re-engine version of the KC-135. And at the bottom, we have our very 
largest tankers, the KC-10s, built on a DC-10 airframe, almost as large 
as a 747. But that's the larger airframe. This is the medium-range 
tankers, according to the Air Force.
  The KC-135s, as you can see, in 2006 we started to take them out of 
the inventory. And as time goes on, you can see this little yellow 
triangle getting smaller and smaller. That means the KC-135s are going 
to Davis-Monthan Air Force Base into what we call the ``bone yard.'' 
They're no longer flying.
  We're still flying the KC-135s. The average age is about 45 years of 
age, and they need to be replaced. We have then the KC-10s. They're the 
newer version and the larger tanker.
  So what the Air Force told us is that they were going to replace this 
KC-135 medium-sized tanker over the next 15 years. Actually, it's going 
to run about 20 years with all that's said and done on the current 
schedule. But we were supposed to start out here in 2011 by having them 
first delivered.
  So when the contract was awarded, did we get a replacement for the 
KC-135? No. The Air Force bought an airplane larger than the KC-10. So, 
naturally, everybody was shocked all across America. And then when they 
found out that the KC-10 replacement is the KC-30, a variation of the 
Airbus A330, a French airplane, they were shocked and outraged. We're 
outsourcing our national security to the French.
  So what is behind this decision? How could this possibly have 
happened? Well, if you look at the contract scenario, we find out that 
there were waived regulations, waived regulations by our own Department 
of Defense. They waive them for our NATO allies. And if you go to the 
Defense Federal Acquisition Regulations, paragraph 225, it will tell 
you which of the 20 nations have waived regulations when they bid on 
defense contracts. Those 20 nations include the four ownership nations 
of Airbus and the parent company of EADS. They include the United 
Kingdom. They include Spain. They include France, and they include 
Germany. These are the regulations that are waived, and they're very 
costly, very expensive.
  Let's just look at the first one on the list here: Cost Accounting 
Standards. Now, Cost Accounting Standards say basically that you have 
to include all the costs that it takes to make a product that you're 
going to supply to the Department of Defense. And if you miss a cost or 
shift costs in and out of a contract, it could be a violation of the 
Cost Accounting Standards with very high penalties. It could be 
determined that it was fraud, and people could go to jail. Or it could 
be determined that you tried to give the government the slip on some 
data, and you would be barred from doing business with the Federal 
Government.

                              {time}  1800

  You can't shift cost on cost accounting standards. They are very 
costly to comply with. You have to have people hired to keep track of 
all costs. They must track them, compare them, report them as far as 
their relationship with schedules. If you don't have to do it, like 
EADS, in the case of this tanker, then it's much cheaper as far as your 
proposal. So cost accounting standards were waived by the Department of 
Defense for EADS, but they were required by the Boeing Company.
  Now what does this mean for the Boeing Company? It means they have to 
include all their costs, including health care costs. Health care costs 
that they pay for their employees, workmen's compensation costs that 
they pay to cover the employees are all included in these costs. They 
have to be included in their proposal. If you don't do it, it is a 
violation of the cost accounting standards.
  But those costs are not in the EADS proposal. Health care costs, 
workmen's compensation costs are picked up by the government, so they 
don't have to pay for those. Again, that gives a lower bid to EADS for 
this kind of a cost.
  Mr. INSLEE. Will the gentleman yield just for a minute?
  Mr. TIAHRT. I would be glad to yield.
  Mr. INSLEE. I want to point out about this cost. Even under the Air 
Force's own accounting, even with these what you may consider rigged 
accounting standards that Mr. Tiahrt talked about, even under the Air 
Force's accounting standards, they concluded that the 767 is about 24 
percent more fuel efficient than the Airbus product. You're going to 
save massive amounts on fuel over the lifetime. In fact, the Air Force 
estimated the Airbus product will burn $30 billion more fuel over the 
lifetime, even under the rigged accounting standards.
  So the point is that we need the Air Force from a taxpayer standpoint 
to be looking at the operational cost. We just had the executives of 
the five biggest oil companies today. Those oil prices are not going 
down any time soon. If anywhere, they are going up.
  So this is why we are saying that the country, not just the place 
these planes are made, but the whole country has a stake in this to 
really look at the operational costs on that.
  Thanks for yielding, Mr. Tiahrt.
  Mr. TIAHRT. You make a very good point about the net cost to the 
taxpayer. Getting back to these accounting standards which you are 
pointing out, the net cost is very high to the taxpayer. If EADS 
violates the cost accounting standards, we will never know it because 
they don't have to report it. And the cost of reporting this, the 
Boeing Company had to include. So it's really a difficult time for any 
American company to compete with a European company when you waive this 
first standard.
  The next standard is a specialty metal standard, called the Berry 
amendment. This is where our manufacturers are required to track from 
the time a metal is mined from the ground and processed, until it's 
riveted onto an airplane. Tracking. That means people are sitting 
somewhere at a desk and they are spending time trying to keep track of 
who is processing this and what procedures were put in place. It's very 
costly. But it was waived for the European manufacturers by our 
Department of Defense in DFARS 225, that's the Defense Federal 
Acquisition Regulations again.
  The next one that was waived by the Buy American provisions. Buy 
American provisions basically say 50 percent of this product has to be 
made in America. Now the goal in this proposal for Northrop Grumman, 
the EADS proposal, said 58 percent was their goal. If you look at 
previous contracts with the Department of Defense, like the light 
utility helicopter, which EADS also won, their goal there was 65 
percent. But they had some American suppliers in there that were 
included in the bid, and as a second thought EADS said, well, we have 
got a production line in Europe. Things are going pretty well. We think 
we will just keep this work here.
  So there are companies in Kansas that were cheated by this. There was 
a Spirit Aerospace Manufacturing, which lost the fuselage of the 
helicopter. There was Command Aerospace, which lost the floor board of 
the helicopter. Then there was ICE, Incorporated, which lost the wire 
harnesses for the helicopter. All American work content in the proposal 
that was then awarded as a contract and then that work was pulled back 
to Europe.
  When I asked the Army about this in an open hearing, their response 
was, well, we have no enforcement mechanism to make sure that these 
jobs remain in America. No enforcement mechanism. So we waive these 
kind of standards and regulations that would allow us the knowledge of 
where these jobs are actually going. And we will never know.
  Mr. INSLEE. If the gentleman will yield.
  So do I take it that in the current situation we would be issuing a 
contract for up to $40 billion with no enforcement mechanism to enforce 
the American content situation. Is that a fair statement?
  Mr. TIAHRT. That is exactly right. This is a question that has been 
put directly to not only the Army, but also the Secretary of Air Force 
and the head of procurement for the Air Force. It's common knowledge 
over in the Pentagon they tell us these things and we evaluate them 
based on these jobs being in America, and low risk, but

[[Page 4697]]

then there is really no way of enforcing if these companies decide to 
keep the jobs in Europe.
  If you look at this very same contract, the air refueling tanker 
contract, the first five airplanes are currently planned to be built in 
Toulouse, France. Then they are going to change the manufacturing 
procedure and start taking parts and shipping them to Mobile, Alabama, 
to assemble them. This is a similar scenario to the light utility 
helicopter. When it came time to ship those jobs to America, they 
decided to keep them in Europe.
  There's no guarantee in this contract that has been awarded by the 
Air Force that says, yes, you plan on doing this in Mobile, Alabama, 
but there's no enforcement mechanism to make sure the jobs actually 
come to America.
  Mr. INSLEE. That's most disturbing because of that experience and 
because of reading that in France, they tell the French they are going 
to have 76 percent of the jobs in Europe. Then they come over in 
America and tell us they will maybe have 50 percent. This is one 
reason, just one of the reasons this contract has to be reviewed.
  I want to mention one now just before I yield to Mr. Loebsack for a 
moment. There is another aspect of this that is outraging Americans, 
and certainly is in my State, and that is that we are issuing this $40 
billion contract to a company that essentially one of the partners that 
the American Government itself says is acting illegally. Because 
according to our U.S. Trade Representative, who has initiated a legal 
action against these companies for receiving illegal subsidies, illegal 
subsidies that violate international law, and by extension, violate 
United States law, at the same time we have taken this almost 
unprecedented action to bring a case in the world courts, the World 
Trade Organization, against their illegal subsidies. That is one agency 
of the United States Government. Sort of the ``cop on the beat'' 
blowing the whistle. And at the same time, another agency, the Air 
Force of the United States Federal Government is bailing them out of 
jail and giving them a $40 billion contract.
  That is hard to explain to any American, particularly those in the 
300 companies around this country in 40 States that are going to be 
losing jobs as a result of this. If this isn't a case of the left hand 
not knowing what the right hand is doing, one hand attempting to 
sanction these illegal subsidies, and I think anybody who reviews this 
would conclude there would have been billions of dollars of illegal 
subsidies to Airbus over the years, we will talk about those in detail, 
and then to turn around and reward them with $40 billion. They ought to 
be receiving a sanction from America, a punishment from America, some 
type of slap on the wrist, at least. Instead, they get $40 billion of 
taxpayer money. This is wrong by any sense, the code of the West, 
international trade treaties. This is something we all ought to be 
united about.
  With this, I would like to yield to Mr. Loebsack from the great State 
of Iowa, who has a concern about this.
  Mr. LOEBSACK. Thank you very much. I would like to thank the 
gentleman from Washington for organizing this Special Order hour on the 
award for the contract to build the next generation of air refueling 
tankers. I want to thank everyone who's here at this point speaking on 
this issue.
  Needless to say, I was deeply disappointed that the KCX refueling 
tanker contract was not awarded to the Boeing team. Rockwell Collins of 
Cedar Rapids, Iowa, is a part of the Boeing bid and would supply the 
aviation and electronic sub systems on the KC-767 advanced tanker. The 
State of Iowa has a well-earned reputation, I believe, as a leader in 
innovation, and Rockwell Collins is at the forefront of the cutting 
edge technological development for which our State is known.
  With 9,200 employees in the Cedar Rapids-Iowa City corridor, Rockwell 
Collins is the largest employer in the Second Congressional District in 
Iowa. The Boeing bid would bring 1,600 high-paying jobs to Iowa, most 
of them in the Second Congressional District, and would invest over $60 
million annually in the State.
  Equally important, it would put a program that is absolutely vital to 
our national security and the readiness of our armed forces in the 
hands of highly skilled Iowans and American innovators and 
manufacturers. I think that is an absolutely critical point to make.
  Rockwell Collins employees are hardworking, they are dedicated, and 
they are highly qualified workers. They work each day to provide the 
men and women who wear our country's uniform with the equipment and the 
tools they need to safely carry out their mission. I am a member of the 
Armed Services Committee and I know the importance of the aerial 
refueling tanker to our ability to support, equip and provide medical 
care to our deployed men and women in uniform.
  As the Representative of Iowa's Second Congressional District, I know 
firsthand the impact of putting thousands of jobs and tens of millions 
of dollars into Iowa. In light of this and our country's current 
economic state, I find it difficult to believe that the Air Force has 
elected to ship thousands of jobs overseas by awarding a key component 
of the United States Air Force to a heavily subsidized European 
industry.
  The aerial refueling tanker contract award must serve the interests 
of the American people and American national security. I repeat that. 
It must serve the interests of the American people and American 
national security. The awarding of the tanker contract to Northrop 
Grumman and EADS will force the Iowa Air National Guard to use scarce 
resources to construct new hangars in order to accommodate the larger 
size of the EADS planes. The estimated cost for the construction of the 
new hangars would be roughly $45 million.
  Moreover, the runways currently used by the Iowa Air National Guard 
are not able to withstand the weight of a fully loaded EADS tanker. 
Thus, new ramps and runways would have to be constructed. The total 
cost incurred by the Iowa Air National Guard to house the Northrop 
Grumman EADS plane would be roughly $50 million to $60 million.
  I fear that the awarding of this contract to a non-U.S.-based company 
would not only send tens of thousands of American manufacturing jobs to 
Europe, it would put important defense manufacturing expertise in 
foreign hands. I am especially concerned that this would leave our 
country perilously dependent on foreign contractors for our most 
important national security needs. And this is unacceptable.
  The aerial refueling tanker is critical to our national security. We 
all know that. I strongly believe that American defense should be in 
the hands of American workers. I urge the GAO to carefully evaluate 
Boeing's petition and to assure that our men and women in uniform have 
the best value and the best performing equipment.
  I thank the gentleman from Washington for allowing me to speak.
  Mr. INSLEE. We thank the voice of Iowa. This is important across the 
country. The jobs that Mr. Loebsack is talking about losing would not 
have been lost if the Air Force had considered the fact that these 
companies are receiving these illegal subsidies. And it's not just we 
three Congressmen talking about it, it is the executive branch of the 
United States, which has fully evaluated this and come to the 
conclusion these were illegal subsidies.
  These were not just small. They received $1.7 billion in launch aid 
to develop the new A-350. They received $3.7 billion in launch aid for 
the A-380. That is why our U.S. Trade Representative has started this 
enforcement action, blown the whistle on these illegal subsidies. 
Frankly, it has been years later than it should have been. But we have 
finally done it. It's one of these great sort of black comedies to 
think in the year period when we finally blew the whistle after all of 
these years of abuse of these illegal subsidies that disadvantage 
American workers, that that same year the Air Force ends up giving a 
contract for $40 billion.
  These subsidies are not just an issue of dollars, they are jobs in 
Iowa as well. I want to thank Mr. Loebsack. I would like to yield to 
Mr. Tiahrt.

[[Page 4698]]


  Mr. TIAHRT. I thank the gentleman from Washington and the gentleman 
from Iowa. He is representing one of the 42 States that is impacted by 
this decision. Getting back to the statement that the gentleman from 
Washington, Mr. Inslee, said about cleaning up the act, there is a 
report that really highlights why it is so important that it is such a 
travesty that foreign corrupt practices is one of the regulations that 
is waived.
  We can't track what EADS is doing when it comes to their interface 
with foreign suppliers and foreign countries. But there is a report 
that was put out by the Center for Security Policy in April 2007. The 
name of the report is: ``EADS is Welcome to Compete for U.S. Defense 
Contracts--But First It Must Clean Up Its Act.'' Then it goes through 
and highlights some of the corrupt practices that EADS has been known 
for across the globe, and their problematic issues.

                              {time}  1815

  Issue number one, espionage, bribery and other dirty practices; issue 
number two, Russian ownership and influence of EADS; issue number 
three, trying to supply America's adversaries with weapons.
  The report goes on, but in the section called ``Bottom Line,'' it 
says the six things that EADS must do before they should be allowed to 
bid on government contracts.
  Madam Speaker, those six issues are: Number one, resolve espionage 
problems; number two, correct the bribery problem; number three, remove 
the Kremlin from the company; number four, prevent other ambiguous or 
known bad actors from owning EADS stakes; number five, resolve the 
proliferation problem; and, number six, resolve anti-American workforce 
problems.
  This is what the Center For Security Policy suggests to the 
Department of Defense and to Congress, it is a public document, that we 
should do before we should allow this European manufacturer to supply 
products for our defense. And we won't ever know what they are doing 
right, because the foreign corrupt practices regulations are waived by 
our own Department of Defense. That is another reason why this is such 
an outrageous practice.
  Mr. INSLEE. We should point out that this law, this international law 
against subsidization, has not been waived by Congress. This is sort of 
a backdoor way to waive an international agreement.
  We have an agreement that now we are attempting to enforce that would 
prohibit this illegal launching. ``Launching'' basically is a situation 
where a European government assists the private manufacturer, in this 
case Airbus, by giving them essentially loan guarantees or essentially 
free money. You give them a loan that they don't have to pay back if 
the airplane doesn't do well. That is an enormous subsidy, to give free 
capital, in essence, or low cost capital, when you are manufacturing an 
airplane. Of course, when you develop an airplane, there are billions 
of dollars in development costs. Well, if a company like Airbus can go 
to their governments in Europe and say give us a loan we don't have to 
repay if the airplane doesn't perform as expected, we don't make money 
on it, that is an enormous subsidy.
  Europeans with Airbus have been doing this for years. We have 
international laws against that, and those laws are in effect national 
laws in America. But somehow it is just like we ignored these. It is 
like they didn't exist.
  Congress certainly never waived those laws, the courts have never 
waived those laws, the President has never waived those laws, the 
American people have never waived those laws. But somehow the Air Force 
did not take into consideration these enormous subsidies, and that is 
why this thing, this contract, has an odor about it, where we don't 
take into consideration that violation of international and American 
law.
  But I want to talk, if I can, about the capability of these aircraft 
too, because obviously we want the best possible airplane for the job. 
There is possibly no more critical infrastructure, certainly to our Air 
Force, than the ability to refuel our planes. This is the absolute 
spine of the whole skeleton of the Air Force, to have this refueling 
capability.
  There has been sort of a propaganda war that has been waged by the 
Airbus folks to sort of suggest that the Boeing airplane wasn't up to 
the job, and I just want to point out some of the facts about this 
aircraft that I think it is important to realize.
  First off, if you want to look at the only company in this bidding 
that has essentially ever built an air tanker and has been building 
them for 50 years for America, it is Boeing. This is the hometown team 
that has been doing it for decades successfully, and I think we should 
maybe start the discussion from that point.
  Second, the airplane that Boeing bid has some very distinct 
advantages that somehow were not considered, one of which is that the 
Boeing airplane can service about twice as many airfields as the 
competitor. The reason is it can land in shorter, not quite as equipped 
airfields. It can land fully loaded in 811 airfields around the world, 
compared to the competitor at 408. This is a distinct advantage, 
considering we don't know why where the next conflict is going to be. 
We don't know what sort of developing world airfield we are going to 
use. The airplane that Boeing proposes can be serviced and can 
essentially use twice the number of airfields.
  Second, and this is critically important, the Boeing 767 is 24 
percent more fuel efficient. In these days of a crunch with fuel and 
global warming we have to be concerned with and the enormous increase 
in costs that the Air Force is experiencing, this ought to be taken 
into consideration. That adds up to $30 billion, a distinct advantage.
  Third, and this is one that I think is worth mentioning, this sort of 
propaganda effort that was started by the Airbus folks to suggest that 
the Boeing Company didn't score well just simply doesn't comport with 
the facts.
  There were several factors, the first of which is called mission 
capability. When they compete these, there is a very sophisticated way 
of evaluating these. On mission capability, the Boeing airplane scored 
blue, which means exceptional, and low risk in the area of mission 
capability. That is the highest possible rating and I think can be 
considered the most critical factor in the whole competition. The Air 
Force concluded that the Boeing airplane met or exceeded all key 
performance parameters, which are also called thresholds and 
objectives. The Air Force concluded that the Boeing product actually 
had significantly more strengths, also called discriminators, than the 
competitor.
  So you had Boeing receiving the highest rating possible for mission 
capability, it met or exceeded all of what is called KPP thresholds and 
objectives, and it was graded as having significantly more strengths 
than the competition, and somehow came up on the short end of the 
stick.
  This deserves not only GAO review, but it deserves Congress reviewing 
this. As folks know, this is being evaluated now under the protest 
consideration, and we know it will be looked at carefully. But, 
frankly, if this does not get the thorough review we want, Congress is 
going to be looking at this, because these numbers just don't add up to 
say this was the right decision.
  On factor two, proposal risk, just kind of from a commonsense 
standpoint perhaps we can look at the fact that we have one bidder, 
Boeing, that has been doing this for decades. They have an airplane, 
the 767, in the air, providing tanker services, ready to go, against a 
product that is going to be manufactured in this multi-nation system. 
To me, that would create significant confidence in the folks that have 
been doing it and have a plane that is in the air. In fact, the Air 
Force rated Boeing's risk as low, as it should be.
  Surprisingly, the competitor was also rated as low, despite to me 
obvious risk where you have a multi-country, multi-facility, multi-
build approach, contrasted with Boeing's integrated approach to design, 
build and certify with the existing facilities. So, at worst it seems 
to me that there is certainly no advantage of the competitors in that 
regard.

[[Page 4699]]

  I would like to yield to Mr. Tiahrt. I have several more factors, but 
I want to yield to Mr. Tiahrt because I know he has a great idea.
  Mr. TIAHRT. I thank the gentleman from Washington.
  When talking about risk, the Air Force has done studies as to what is 
the best manufacturing technology that we have when we are building a 
complex, single point of failure system like the tanker. They say the 
best way to do it is to have an integrated production line, where you 
build your commercial off-the-shelf item and integrate in that very 
same production line those things that you need to make this a unique 
product for the Department of Defense. That was what was employed by 
the Boeing company in their proposal to the Air Force for the KC-767 
tanker.
  What we find out after looking at and listening to the Airbus or the 
EADS proposal is that they had this disjointed thing, as the gentleman 
from Washington pointed out very well, multi-country, multi-
manufacturing sites, starting four new facilities that have to be FAA 
certified and they have to find qualified workers for. This develops a 
tremendous amount of risk in the proposal that the EADS company was 
putting forward, as compared to what the Air Force actually asked for 
in their own studies.
  Somehow in this convoluted process of trying to decide which product 
to buy, they overlooked the fact that the Air Force said this is what 
we wanted, an integrated production line. We didn't want a multi-
facility operation in multi-countries. We wanted it all to happen in 
one place, where we could keep track of the product and the quality. 
And yet when it came time to risk, they gave an equal amount of risk to 
both companies. It just doesn't make any sense.
  The other point that the gentleman from Washington made that I would 
like to add to is what is the net cost to taxpayers? There are some 
things that the Air Force follows in their Federal acquisition 
regulations as part of their cost evaluation process, but there are 
some things they don't consider. For example, they didn't consider 
outsourcing our national security. They are just based on their rules 
and regulations. They look at cost and their key performance 
characteristics, et cetera.
  But if you look at other things that need to be taken into 
consideration in Congress, like how do we secure the national defense 
industry, the defense base, well, we have to take these things into 
consideration.
  If you look at the $35 billion contract and say what is the real net 
cost to the taxpayers, the $35 billion contract we know is what was 
awarded. But if you looked at the fuel savings that was pointed out by 
the gentleman from Washington, the KC-767 is 24 percent more fuel 
efficient, and that saves taxpayers $30 over the life of this program. 
So you take your $35 billion contract and you have to subtract that 
from the Boeing bid. So what is the net cost to taxpayers? It is $5 
billion.
  Then you take the comparison of American jobs versus French jobs. One 
thing unique about French jobs is they don't pay any American income 
taxes, but American workers do. So you take the 19,000 lost aerospace 
jobs in America and say what would they have paid the Federal 
Government over the life of this program in the form of income taxes? 
Well, 19,000 workers, which is the difference between the two 
proposals, times about $11,000 a year, which is the average that an 
aerospace worker pays in federal income taxes, and you take that over 
the life of this program, it comes out to $8 billion.
  So you have got $35 billion. You take away $30 billion worth of 
savings on the fuel and you get down to a $5 billion net cost to the 
taxpayer. Then you add back what you would get from the lost American 
jobs paying taxes if they were employed with the American contract than 
they would have gotten to pay these taxes. That is $8 billion. So the 
net cost is actually a $3 billion advantage.
  In other words, if we would have issued this to a American company 
with American workers paying American Federal income taxes, and you 
take into consideration the fuel savings, it would have actually 
brought in $3 billion more in revenue in the net cost to the taxpayer 
than what it had under the circumstances that they had given it to the 
foreign supplier. Then you look at the lost revenue from corporate tax 
by having 90 percent of this airplane built in France instead of built 
in America, and you get another $1 billion.
  So what is the true cost to the taxpayers? It is positive $4 billion 
for the American company employing American workers to make an American 
tanker, versus $74 billion if you add all these costs up to the foreign 
supplier using foreign manufacturing workers.
  So what would you do if you were a taxpayer? For me, a $74 billion 
cost or a $4 billion savings, I would take the $4 billion savings, and 
that says we buy an American tanker made by an American company with 
American workers. So this decision doesn't make sense just on the net 
cost to taxpayers, let alone all these other things that we are talking 
about.
  Mr. INSLEE. Coming back, it is not just cost, it is capability. 
Bigger is not always better, and I am very concerned here that the Air 
Force has been lulled into the sense that bigger is always going to be 
better.
  Frankly, when I found out that the Boeing tanker can serve in twice 
as many airfields, it can refuel the V-22, which is our tilt rotor 
aircraft, this aircraft they have can't refuel one of our aircraft, we 
are going with a company that has no boom experience, they have never 
built an airplane commercially with a boom.
  We have decided to reject a company, Boeing, that delivered a 767 to 
Japan, one February 19, 2008, a second one March 5, 2008, they are 
flying, they are in the air, they are a known quantity. And we are 
taking this risk, an uncertain risk, just for this apparent decision 
that all of a sudden bigger became better, which is very interesting, 
because Boeing could have competed a larger airplane, an airframe of 
the Boeing 777, and didn't, essentially because they understood that 
this was a satisfactory size component to deliver.
  It made sense when Boeing made that decision and when Air Force led 
them to that decision, because when you look at the loading, the range 
of loading and what it has done historically, the Boeing 767 is a 
perfect fit. If you look at the offloading potential, the Boeing 767 is 
significantly greater than the average offloading in any of either the 
Vietnam, the Iraqi Freedom or the Southwest Asia conflicts.
  So we are concerned that this decision of this deciding bigger was 
better was, A, not fair to a bidder, Boeing, which was not told that 
that apparently was now the Air Force's brand new criteria; B, exposes 
American taxpayers to greater risk with an uncertain contractor, with 
an uncertain plan in multiple locations; C, causes significant loss of 
jobs; and, D, violates international law, or at least awards folks who 
are receiving illegal subsidies violating international law.
  This is not a good thing for the American warfighter, the American 
taxpayer or the American worker, and that is why we are here tonight 
suggesting that this contract has to be redone one way or another, and 
we are going to be talking about ways to do that.

                              {time}  1830

  Mr. TIAHRT. Another thing Congress must consider in this whole 
scenario is, looking back over history and saying, when we do have a 
difference of opinion between our European allies and our own country 
and we employ our young men and women to carry out the will of this 
country, will our foreign suppliers be there to supply us in our time 
of need?
  During the Gulf War, we had allies that disagreed with what we were 
doing and they failed to supply the parts that we needed to keep our 
young men and women safe while they carried out the will of this Nation 
so they could come home safely to their families. During Operation 
Iraqi Freedom, again, our European allies failed to support us when, in 
our time of need and through great diplomatic strains and a lot of 
harsh words, finally we

[[Page 4700]]

were able to find suppliers that were going to give us the parts that 
we needed so that our young men and women could carry out the will of 
this country and come home safely to their families.
  Once again, in this system, it is a single point of failure system. 
It is a system that, if it is down, everything does not function. We 
cannot transport aircraft from the East Coast to the West Coast for our 
military without tankers. We cannot supply our troops or carry our 
troops anywhere outside the continental United States without aerial 
refueling tankers. If we are going to respond to a natural disaster 
like the tsunami in southeast Asia, we have to have air refueling 
tankers. So, we cannot have such a critical item that is so vulnerable 
to our foreign suppliers when they may disagree with us politically and 
withhold the parts we need to have this very critical, single point of 
failure weapons system.
  So if you look at our ability to protect our families, like my chart 
has here, it is an immeasurable cost. What is the dollar value when we 
have to protect our families and our military doesn't have the supplies 
they need to carry out that task? What about the loss of defense 
workers? That is another immeasurable cost. Once we lose part of our 
national defense industry base, it is gone apparently forever.
  For example, if this contract goes through, never again in America 
will we rebuild an air refueling tanker. I can give you the technical 
reasons why, but basically aircraft are built on an improvement curve. 
And the thought of an improvement curve is a theory, which is reality, 
is that the second unit costs less time to build than the first unit; 
the fourth unit costs less time than the second unit; and the eighth 
unit costs less time than the fourth unit, and on down. Every time it 
doubles, there is less time to build that next aircraft. After you 
build 179 aircraft, like in this air refueling tanker contract, you are 
bidding for the follow-on procurement at unit 180. In other words, you 
are 180 units down the improvement curve. It is a lot cheaper than if 
you are building the first unit. An American manufacturer bidding on 
the follow-on contract would have to bid a number one unit. They cannot 
keep up, once again, with our foreign suppliers because they are 
bidding a number one unit and our foreign would be bidding the 180th 
unit. So we never again will build air refueling tankers here in 
America if this contract goes forward.
  And what does that do? It is a loss to defense workers; it 
compromises our ability to protect our families; and, it is a loss of 
defense manufacturing capability. Those are things that are 
immeasurable in cost, but it is something that Congress must consider 
when we vote on whether this contract should go forward or not.
  Mr. INSLEE. And I hope we don't have to vote. I hope this protest is 
successful. But we will be looking at the right ways for Congress to 
exercise the will of the American people through the appropriation or 
authorization process. And the reason we intend to do that is that we 
think there were several mistakes made in this contract that 
essentially resulted in the Air Force selecting a larger, more 
expensive, and more operationally limited tanker, despite the fact that 
the domestic Boeing tanker met the requirements of the Air Force.
  So, we intend to go forward. We hope that our colleagues will join us 
in this effort. It is the right thing to do. It may take some time to 
do, we regret that, but America deserves this and deserves better than 
what happened here.
  Mr. TIAHRT. If you look at all the data involved, from the employment 
of illegal subsidies that you pointed out so clearly and how our United 
States trade representative is taking the European companies to task 
for these illegal subsidies, when you take into consideration the lost 
tax revenue, when you consider the costly one-sided regulations that 
are granted by our own Department of Defense and the loss of our 
industrial base and the loss of our national security, this is a bad 
decision, and it appears that the Air Force had to bend over backwards 
to give this work to the French company EADS. And it is heartbreaking 
in one sense, outrageous in another. But, for me, it came in the form 
of outrage.
  I know that one of the Senators from Washington State has set up a 
Web site where you can fill out a survey. I know, on my own Web site at 
www.house.gov/tiarht, you can get on my Web site and fill out a survey 
about your feelings on us outsourcing our national security to the 
French. It is I think a bad decision. It is one that needs to be 
reviewed by Congress. I am hopeful that the Government Accountability 
Office will look at these inequities, these disparities, this unlevel 
playing field, and correct this before we have to take action on the 
floor of the House.
  But I think it is clear from the people that we have spoken with here 
in the 42 States that have lost workers because of this contract going 
awry, that there will be something happening on this contract this 
year, either through the Government Accountability Office or through 
actions of the Congress, because it is too outrageous to allow our 
national security to be outsourced to the French.
  Mr. INSLEE. I want to thank Mr. Tiahrt and Mr. Loebsack.
  Madam Speaker, we yield back the balance of our time.

                          ____________________




                            THE WAR IN IRAQ

  The SPEAKER pro tempore (Ms. Tsongas). Under the Speaker's announced 
policy of January 18, 2007, the gentleman from Connecticut (Mr. Shays) 
is recognized for 60 minutes as the designee of the minority leader.
  Mr. SHAYS. I thank the gentlelady for taking her time to allow me and 
my colleagues to be able to address the chamber. Thank you very much. 
And I appreciate her husband's service to this country both in Congress 
and in the Senate.
  I am taking this opportunity to talk about the conflict in Iraq, the 
war in Iraq, and I want to do it based on my 20 visits to Iraq when I 
first was there in April of 2003 to the trip that just concluded last 
week. I want to speak very frankly about this war and our presence 
there and what I think we should do and why I think we should do what 
we need to do.
  September 11 clearly was a wakeup call, from hell, that forced us to 
address the fact that for such a long time we had a blind eye to what 
was happening in the Middle East and what was happening particularly as 
it related to the extreme Islamists who were seeking to get the world's 
attention by attacking our troops in Lebanon, our Marines, our 
Soldiers, and Air Force men and women in Saudi Arabia attacked three 
times, our embassy employees in two countries in Africa, the Cole where 
we lost 17 Navy personnel and 33 injured.
  I was somewhat surprised that, in spite of all this, that we would 
keep turning the other cheek and ignoring what was confronting us. So 
when September 11 happened, it was a huge wakeup call. And the issue 
is, did we respond in the right way?
  We created a Department of Homeland Security. Before September 11, 
when we talked about such a department, people said, ``What are we, 
Great Britain?'' It was difficult for Americans to conceive that we 
should do that. We passed the Patriot Act; and clearly we could have 
given it some other name, but we wanted to make sure that we had 
modernized our capability to infiltrate cells that needed to be 
infiltrated. We created a much stronger intelligence structure by 
establishing a Director of Intelligence that would coordinate these 16 
agencies. And we also went into Afghanistan, where there was uniformed 
consensus that we should do it. But we also went into Iraq, and that 
obviously was very controversial.
  I remember, as I tried to debate whether we should do this, visiting 
with the Brits, the French, the Turks, the Israelis, and the 
Jordanians. They all said Saddam had weapons of mass destruction. But 
the French said, he has them, but won't use them. And we discounted the 
French because we knew even then, about the Oil for Food Program, that 
they had been pretty much bought off, and we knew that they would 
probably not support using

[[Page 4701]]

the U.N. as the instrument to remove Saddam from power. So we went in. 
And, we made sure our troops had the one thing that we felt they 
needed: Protective chemical gear. We really believed that Saddam had 
both a nuclear program and a chemical program, and we were very adamant 
that we shouldn't go in before our troops had that protective chemical 
gear.
  But it became very clear early on that Saddam not only didn't have an 
active chemical weapons program that he could readily use, and there 
was no nuclear program. So, the very basis for going into Iraq proved 
to be false.
  I voted to go into Iraq based on what I believed was the right thing 
to do. I am struck by some Members who somehow blame their decision on 
someone else. I did what I thought was due diligence. I was impressed 
by Iraq's neighbors. I was impressed by, frankly, Bill Clinton and 
Hillary Clinton and others who had reason to be skeptical but believed 
as well that Saddam had weapons of mass destruction.
  But what surprises me most, and I want to make this point. I remember 
when George Romney, the former governor of Michigan, not Massachusetts, 
Governor Romney from Massachusetts's dad, said: I believed we needed to 
go into Vietnam, but I was brainwashed by the generals. And there was 
instant ridicule, and he was forced to drop out of the race for 
President because he wasn't taking ownership for his own decision, and 
was blaming someone else.
  I blame no one for my vote. It was my vote based on my best 
conclusions. And I would like to think that every Member would own up 
to their own vote, but somehow some who voted to go into Iraq now act 
like they didn't, and blame others for their vote. And I think that is 
wrong. So the question is, we are there, and we were there under false 
pretenses but very much believed to be true. So what do we do now?
  When you go to Israel, Israel had the best intelligence in the 
region, and they were wrong and they empanelled a commission to try to 
determine how they could be wrong. They didn't blame their political 
leaders, they didn't say people lied. What they concluded was that, 
based on the knowledge that they had, it was reasonable to assume that 
Saddam had these weapons. That was their conclusion.
  It is a fact that even his own troops, his generals, in December were 
stunned, as we learned from the debriefing of Tariq Aziz and others of 
the Iraqi politicians, that Saddam told his own generals in December of 
2002: We don't have a nuclear program and we don't have a viable 
chemical program. And they were stunned.
  I was so troubled by this that I went to see Hans Blix in Stockholm 
and I said, ``Why would Saddam want us to think he had weapons of mass 
destruction?'' And he said, because Saddam thought it was a deterrent 
to his neighbors, and that he believed there was no consequence because 
he thought there would be no way the United States would seek to remove 
him from power if the French and the Russians and the Chinese would not 
allow the U.N. to be involved.
  Well, the fact is that Saddam misread us the first time in Kuwait. 
Because of Vietnam, he thought we would never go in because of that 
experience, and we did, and he misunderstood our intentions a second 
time, which is an incredible lesson about making sure that our 
adversaries know our true intent and believe our true intent.
  We were wrong. But being wrong does not mean we need to get out, get 
out right away because of our original purpose for being there.

                              {time}  1845

  The fact is once we disbanded the Army, the police and the border 
patrol, we owned Iraq; and there is no way of getting around it. There 
is no way to say that we can get rid of all Iraqi police, border patrol 
and Army, and then say, well, you know, we achieved our objective, 
good-bye. That would be a cruelty to the Iraqis that they don't 
deserve, and it would be a huge invitation to the Iranians to just walk 
right in. We can't allow that to happen.
  In my first visit to Iraq, I went just as the war was ending. I 
actually had to get in with the help of the State Department because 
the Defense Department said I couldn't go in. I remember speaking to 
Muhammed Abdul-Assan. He was telling me the things that we were doing 
that troubled him, like throwing candy on the ground. He said, Our 
children are not chickens; they are not animals.
  He talked about how our troops seemed to be offended when they 
extended a hand, and an Iraqi woman put her hand to her heart and would 
not shake the soldier's hand. She was saying, thank you for honoring 
me, but we don't shake hands with strangers.
  He basically put his hands on my shoulders and said, You don't know 
us, and we don't know you. He told me an incredible story. He told me a 
story that he had been in an Iranian prison and hadn't made the first 
exchange of prisoners because the Iranians had more Iraqis than the 
Iraqis had Iranians in their war with each other. I said to him, You 
have had an incredibly difficult life, and I started to go on. And he 
looked at me and said, No different than any other Iraqi.
  Well, after my first visit I couldn't get back soon enough to say we 
need Arabic speakers and we need to understand their culture. These are 
tough people.
  The second time I went in, I went to Basra and I went again outside 
the umbrella of the military and spent two nights in Basra with Save 
the Children. I began to hear things like why are you putting my son, 
my uncle, my brother, my cousin, my nephew, my husband, my father, out 
of work? Why can't they at least guard the hospitals? He was talking 
about the fact that we put a half a million men out of work, and 
basically said you have no future in this new government.
  And so I couldn't wait to get back home and say: Why are we doing 
this? And the poignant thing to this is the very first death in the 4th 
Congressional District Connecticut was Wilfredo Perez. He was guarding 
a hospital.
  Try to imagine what we did when we disbanded their Army, their police 
and their border patrol. We left them totally and completely 
defenseless. It is a country of 24-plus million people left with no 
security.
  Let's take New York State. New York State has 19 million people. It 
is two-thirds the size of Iraq or maybe even smaller. It has 19 million 
versus 24 million. Imagine New York State with no police, no police in 
New York City, no police in the subways, no police in Albany, 
Rochester, Buffalo, Syracuse, no police in any of the towns in between, 
no security whatsoever. Oh, and by the way, to be consistent with what 
Saddam Hussein did, he released all his prisoners. We are going to 
release the prisoners from Attica and Riker's Island and make sure that 
they are in the community, and then say don't worry, we are going to 
bring 150,000 Iraqis who speak Arabic to keep the peace throughout all 
of New York State.
  Well, you don't have to be a genius to realize we had created a huge 
problem. We were basically saying we would provide all of the security 
in Iraq, but we didn't have enough men and women to do it. We didn't 
speak their language or know their culture. Are we surprised that 
militias were formed? Are we surprised that when we put half a million 
people out of work, that they would go to the other side?
  And then there is the looting. They were dumbfounded. Iraqis love 
their antiquities. They love their history. If you go to an Iraqi and 
somehow suggest it is not a real country, they will look at you and 
say, Let me get this straight. You did not learn in your school, about 
the Fertile Crescent where the two rivers met, the cradle of 
civilization? You never studied about us Iraqis? They are stunned that 
we would think them not a country, and they were particularly stunned, 
when the Senate voted to divide Iraq into three parts, they said aha, 
it just goes to show what we have been saying. You want to divide and 
conquer us, and then take our oil.
  We made huge mistakes and we didn't correct them and we didn't deal 
with the reality on the ground. The reality is that we needed to train 
more

[[Page 4702]]

Iraqi troops than we were, and we needed to have more American troops 
there given we had gotten rid of a half million security forces for all 
of Iraq.
  When you go to an Iraqi and you ask, Are you a Sunni? They will say, 
I am a Sunni but I am married to a Shia.
  I will go to a Shia and say are you a Shia, to try to understand 
their perspective, and they will say, I am a Shia, but my tribe is 
Sunni.
  I will go to someone I suspect to be a Kurd, and ask, Are you a Kurd? 
They will say, Yes, I am a Kurd; but you do know Kurds are Sunnis? They 
are constantly lecturing me about understanding what they are and the 
significance of what they are.
  We have the fear of sectarian violence in Iraq, and it is often 
compared to Bosnia. In Bosnia, you had fathers who literally raped 
their child's best friend. So a father is raping a 14- or 12-year-old 
child because she happens to be Christian and he is Muslim or she is 
Muslim and he is a Christian. I remember going to Bosnia and seeing a 
house filled with garbage, garbage filled all of the way to the top. It 
was a message, don't come back to your home, you are not wanted.
  That kind of violence is not what has happened in Iraq. What has 
happened in Iraq is when there were Sunnis and Shias living together, 
they were not kicked out by their neighbors, they were kicked out by 
outsiders who came in and tried to have it be one ethnic group, which 
is very different than Bosnia.
  Now that is not to suggest that Sunnis and Shias will agree on 
everything. But again, it is not like Saudi Arabia where Sunnis there 
don't like Sunnis in other countries if they are not Wahhabbis. We 
sometimes tend to judge the Middle East, I think, on what we see in 
Saudi Arabia. Saudi Arabia is another issue we are going to have to 
have a frank conversation about. It is not Iraq.
  When I go to Turkey, the Turks say to me, We used to run this place 
for 402 years; why don't you pay attention to us?
  When I go to Egypt, they say, We have been a country for 4,000 years, 
why don't you pay attention to us?
  When I go to Jordan they say, We are direct descendants of Mohammed, 
why don't you pay attention to us?
  When I go to Iraq, they say, We are the cradle of civilization, why 
don't you pay attention to us?
  So we are starting to. We are starting to pay more attention to them. 
We are certainly paying attention to the ambassadors that come from 
countries near Iraq. And they say, we may not have wanted you to go in, 
are there, for you to leave now would be an outrage. And they are 
right.
  Now that we stirred everything up and we created significant 
dislocation in Iraq, we have a moral obligation to set Iraqis in a 
place where they can govern themselves; or failing to govern 
themselves, it will be their failure. But they need the security to do 
it.
  So what do I see and what have I seen over the course of 20 times in 
Iraq?
  If this is April 2003, we could have gone in an upward direction. It 
could have been an amazing experience. We could have kept their 
military. We could have listened to them. We could have had Arabic 
speakers. We could have found that rather than digging a deep ditch, we 
could have gone in the other direction. But as soon as we allowed the 
looting, as I made reference to earlier, they really believed that was 
our message to them that we had only contempt for them. That is what 
they believed. They thought, You could have stopped it and you didn't. 
The thing we cherished the most, our antiquities, you allowed those 
looters to just desecrate, and you were the security.
  We then put them out of work and left them with no security. We dug a 
deep hole.
  I began to feel, though, that we were turning the situation around 
when we transferred power in June of 2004. Mr. Bremer left, and Iraqis 
were being invited to make some major decisions. And they did something 
extraordinary. I was there for the first election. They put our 
elections to shame.
  What did they do? They had far more people who voted, and they were 
honest votes. The U.N. will tell you, these elections were very well 
run. I was in Arbil for the first election, and I saw men following 
their wives because their wives were determined to vote, dressed up 
with their kids in their arms or following them. I was there as an 
observer, and I saw them come and vote for local, regional and national 
elections. They came and got all three ballots and filled them out in a 
protected area, and then they came and put them in the ballot box. But 
before they could do that, they had to stick their finger in the ink 
jar. I watched that for awhile, and then I went and quietly asked, as 
an observer, Do you mind if I put my finger in that ink jar? I wanted 
to bond with them; and I, frankly, wanted to come home and show people 
that there was something pretty monumental going on in Iraq.
  The woman looked up at me, looked down, and then she said, No! you're 
not an Iraqi! Everybody looked at me. I clearly wasn't an Iraqi. I was 
first embarrassed, and then I thought this was amazing. I was in a 
Kurdish area. And she didn't say, No, you're not a Kurd. She said, 
You're not an Iraqi.
  Well, that election established a government that then created a 
constitution. And in October of 2005, they voted on that constitution. 
And more people came out to vote, including Sunnis that had not 
participated the first time. They had establish a constitution, and 
then they had an election in December of 2005. I thought in 2003 we had 
dug a deep hole, but now we and the Iraq's were getting back up there. 
Things are looking much better.
  And they had an election in December, and then nothing happened. 
January, no leader was chosen. February, no leader was chosen. March, 
no leader was chosen. By April they had decided on a very slim vote 
that Mr. Maliki would be the prime minister.

                              {time}  1900

  And so, they had literally delayed for 4 months choosing a leader. 
And when you're swimming upstream and you stop swimming, you go way 
downstream. And they dug a deep hole again. You had the Samarra 
bombings; that was horrific. That was a Shi'a Mosque that was bombed 
and destroyed, intended to bring out the Shi'as in a total civil war 
with Sunnis. That almost happened, but didn't happen.
  When I came back to Iraq and met with Mr. Maliki after 6 weeks in 
office, there was a sense on my part that he wasn't going to do any 
heavy lifting. And so I decided, rather than come back 3 months from 
now as I usually did, I came back 6 weeks later. And one ambassador 
told me then, it was in June, he said to me, ``I fear that Prime 
Minister Maliki does not have the political will to do what he needs to 
do.''
  So, I went back in August. There were 6 more weeks that had passed. 
Now he had been in office about 12 weeks, and I didn't see hardly any 
positive change. I concluded that the only thing that would get him to 
move was to have a timeline. And I demanded to see him. I said, I've 
been here more than anyone else, I want to meet with Mr. Maliki. And I 
said it can be a stand-up meeting, but I want to meet him. I want him 
to look me in the face and tell him what I believe after being in Iraq 
so often.
  So, a meeting was set up. He was meeting with others and we went to a 
side of the room, and I said, take a good look at me, you're not going 
to see me after November, and you're not going to see a majority of 
Republicans that had been supporting our presence in Iraq. You're going 
to see a change in government because you aren't doing the heavy 
lifting you need to. You need timelines like you had in '05, where you 
had one election, then the constitution, then another election, to 
select a government. He said, no, we moved too quickly; we can't move 
that quickly.
  I came home believing we need a timeline, and I believe that to this 
day. But it's a timeline that doesn't say we get out tomorrow. It's a 
timeline that says we leave when the Iraqis can be ready, and we can 
pretty much predict when that is. And we know it's going to take more 
Iraqis troops to do it. We know they have to be trained.

[[Page 4703]]

  With all due respect to my colleagues in the majority who sincerely 
believe this was a mistake and we need to get out, a timeline that gets 
us out sooner than we can replace their army, police and border patrol 
and leaves them in a place where they can protect themselves is a 
timeline that makes no sense. But a timeline that says we're there 
forever in this capacity makes no sense either. We need a logical 
timeline.
  Now, one thing I never argued for that turned out to be very 
important, I never argued that we needed a surge. That was the one area 
where I didn't feel I had the expertise. So, after that election, I 
went to Iraq in December of 2006, and frankly, things were worse than 
ever. The generals told me that they had given up on Anbar Province, 
the largest Sunni province. In fact, they said it's almost like a mini 
Afghanistan within Iraq, no one is in charge except al Qaeda. And that 
was a pretty disappointing bit of news to be told.
  When I went back in April of '07 they said we're winning Anbar 
Province. Now, this was after we started to begin the surge, but that 
hadn't really taken effect yet. They were doing something that I had 
argued for for a long time, and that was, we were engaging the Iraqi 
tribes. The Sunni Iraqi tribes had become totally fed up with al Qaeda 
for all the reasons that most people know. They wanted to set up the 
kind of shari'a government that Iraqis want no part of, and they were 
killing the young Sunni tribal leaders who were not cooperating. And 
so, the leaders came to us and said, we want to be with you.
  So, I went in April, and we're winning Anbar Province. I go back 2 
months later and they say, we've really won Anbar Province. I go back 
in August, and we're starting to win other areas. We're starting to 
clean out other areas.
  And we've started to have al Qaeda be in small little enclaves. And 
why? Because before the surge they struck us at will. After the surge, 
they can't get above the water line to take a breath because our 
daytime troops went after them, and our nighttime troops went after 
them, and then our daytime troops went after them. They never have a 
chance to regroup. The surge has enabled us to clean out areas and 
bring the Iraqi police, which aren't the best of Iraq, but they are 
good enough to do what police do, and that is, once an area is clean, 
keep the peace.
  This past year, I've been able to go without armor into so many 
different marketplaces, places they would never have taken me before. 
And I come back and I say things are getting better, and then people 
say yes, but there were the rockets on the Green Zone. Well, there are 
going to be rockets on the Green Zone and there are going to be men and 
women who wear vests that basically are filled with explosives and 
they're going to blow themselves up. There are women who have lost 
their husbands who see no future. There is obviously al Qaeda, that 
still has some influence. There will be those kinds of attacks, but 
there are going to be different kinds of attacks than has existed in 
the past.
  So, I have seen the surge is working. The tribal leaders have made a 
huge difference. We are now going into other areas. We've cleaned up 
our two-thirds of Iraq. Mosul is going to be a very difficult area. 
It's a very mixed community of Sunnis, Shias, Turkmen, and others.
  The other reason why we're seeing an improvement beside the surge and 
support of tribal leaders is the Iraqi troops have become competent, in 
some cases very competent. And I'm sure there may be some who will 
criticize me for saying it, but I believe the Iraqis are actually 
beginning to like us, or at least respect us, and in some cases trust 
us. And why would that be? Well, they were raised for 30 years to hate 
Americans and love the Russians. So, in comes this government, 
Americans, and we attack them, and we put a lot of their loved ones out 
of work. And they were convinced that we would take their oil. But it's 
been 5 years, and they've come to realize that there is a country so 
good that it would spend nearly a half a trillion dollars, have more 
than 20,000 of its American forces wounded, some very severely, have 
4,000 of its troops killed and not take a drop of its oil, not a drop 
of its oil. We're beginning to gain credibility that we actually meant 
what we said and that there is a country so good in the world that it 
would do that for something far more important.
  We want a world of peace. We want a world where people can live their 
lives as they want to. We want a world where commerce can flow back and 
forth freely. And we're willing to give a lot and spend a lot to do 
that.
  Now, I want to say something to my colleagues that may not believe we 
should ever have been in Iraq. I fear that there are some in this 
Chamber who fear that if we ultimately win in Iraq, and by winning, I 
mean restore a security force of Iraqis that can fend for themselves 
and where they can govern for themselves and where there is a 
significant movement towards a more democratic form of government, and 
a government that, unlike its neighbors, allows its women to be 
educated, allows its women to be part of commerce, if we do that, it 
justifies the war.
  We may say at the end, we spent a trillion dollars, we lost 4,000 to 
5,000 men and women, and we have this result which is pretty 
spectacular, but in the end, it may not justify what we have done. But 
where we all should be united, it seems to me, is that we leave Iraq in 
a place that the void is not filled up by the Iranians.
  Now, we haven't taken a drop of their oil, but one thing is very 
clear, Iraq has a lot of oil and gas. In fact, Bunker Hunt came to my 
office, rolled out a map that would cover this desk, and he said, I 
believe Iraq has more energy than exists in Saudi Arabia. The world 
says it has 10 percent. He told, I believe it may have as much as 20 
percent of the world's reserves. And then he showed me this map with 
markings throughout Iraq indicated a real potential for either gas or 
oil. He said, to an oil man, this is a candy store of opportunity. 
Well, it belongs to the Iraqis. And my hope and prayer is that they 
will someday be able to enjoy it and share it with the rest of the 
world.
  And the thing that's stunning is, it's not just in Sunni areas, it's 
not just in Shi'a areas and it's not just in Kurdish areas, it's 
throughout Iraq. This is a nation that doesn't believe in shari'a law. 
It's a nation that is very secular. It's a nation where Sunni and 
Shi'as have, in particular, gotten along with each other. It's a nation 
that has so much oil as a resource, and gas, but almost as importantly, 
it has so much water. When I fly over it, you see these magnificent 
rivers, not just the Tigris and Euphrates, but the others that join it, 
but all the canals and the irrigation that exists. This is a country 
that will be able to export and feed parts of the world.
  This is a country that will educate both its men and women. This is a 
country that has significant resources. This is a country we hope to be 
friends with for a long, long time. And this is a country that deserves 
some patience from Americans. We need to understand that they didn't 
have the head start we had in the United States. And even then, think 
about it, we knew democracy before we became these United States. We 
had democracy in our colonies.
  We had the Declaration of Independence in 1776. And it took us 13 
years to have the Constitution of the United States, 13 years. And even 
then, as perfect as we would like to think our Constitution is, but in 
our Constitution as Condoleezza Rice points out, she was three-fifths a 
person, and a slave. So, we certainly didn't get it all right.
  I'll conclude by saying, we've seen the most progress on the part of 
the military. We've seen not the kind of progress we want to see from 
the politicians. But even then, we need to give them credit. They have 
voted out retirement for ba'athists, Saddamists. That was hugely 
important. While they don't have an oil law that formally distributes 
the oil to the different regions of Iraq, they are doing it in spite of 
that without the formal agreement.

                              {time}  1915

  They have a de-Baathification law that's coming into place so that

[[Page 4704]]

they're hiring people that, in the past were told they couldn't be part 
of this new Iraqi government.
  And they're going to have provincial elections. The significance of 
that is the local elections were the first of the three elections, and 
Sunnis didn't participate, so we have some Shiias who run Sunni areas. 
This means that these leaders are willing, and know that they have to 
give up power to the predominant group within their regime of Iraq.
  No one knows how history is going to judge our involvement in Iraq. 
But the one thing I do know is that we finally have the kind of 
leadership in Iraq that I've been hungry for, some real honest talk 
from Mr. Petraeus. He'll tell you what's going right and what's going 
wrong. We've had, I think, good military leaders, but I think he's 
learned a lot, and I think he's clearly the best.
  We needed to make a change with Secretary of Defense, and since then 
I've seen significant progress. It took Abraham Lincoln 9 generals 
before he got the generals that finally started to win some battles, 
Sherman and Grant.
  We're starting to see a difference in Iraq because of this 
leadership. We're even starting to see Mr. Maliki show some guts by 
confronting his own political base, Shiias, in Basra.
  They haven't been given the opportunity that we had of having 13 
years before a true government was established under our Constitution. 
They've had five.
  We have American time. We want them to act more quickly. But, at the 
same time, in terms of Middle East culture, they're moving a lot faster 
than some people give them credit.
  Madam Speaker, I really appreciate your willingness to allow me this 
opportunity, and I want to just repeat that everyone in this chamber 
loves our troops. I'm addicted when I go back to Iraq, to meet with the 
men and women who serve, those who are content we're there, those who 
would go back and again and again, and some who wish they weren't 
there. But every one of our troops are real patriots. I can't tell you 
what an honor it is to interact with them. And with that, Madam 
Speaker, I yield back the balance of my time.

                          ____________________




 OMISSION FROM THE CONGRESSIONAL RECORD OF FRIDAY, MARCH 14, 2008, AT 
                               PAGE 4422

                                 ______
                                 

                 SENATE CONCURRENT RESOLUTION REFERRED

  A concurrent resolution of the Senate of the following title was 
taken from the Speaker's table and, under the rule, referred as 
follows:

       S. Con. Res. 71. Concurrent resolution authorizing the use 
     of the rotunda of the Capitol for the presentation of the 
     Congressional Gold Medal to Michael Ellis DeBakey, M.D., the 
     Committee on House Administration.

                          ____________________




                         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. DeFazio, for 5 minutes, today.
  Ms. Kaptur, for 5 minutes, today.
  Ms. Linda T. Sanchez of California, for 5 minutes, today.
  Mr. George Miller of California, for 5 minutes, today.
  Mrs. McCarthy of New York, for 5 minutes, today.
  Mrs. Maloney of New York, for 5 minutes, today.
  Mr. Hare, for 5 minutes, today.
  Ms. Jackson-Lee of Texas, for 5 minutes, today.
  (The following Members (at the request of Mr. Duncan) to revise and 
extend their remarks and include extraneous material:)
  Mr. Poe, for 5 minutes, April 8.
  Mr. Moran of Kansas, for 5 minutes, April 2.
  Mr. Jones of North Carolina, for 5 minutes, April 8.
  Mrs. Biggert, for 5 minutes, today.
  Mr. Tancredo, for 5 minutes, today.
  Mr. Weller of Illinois, for 5 minutes, today.
  Mr. Duncan, for 5 minutes, today.
  (The following Members (at their own request) to revise and extend 
their remarks and include extraneous material:)
  Mr. Goode, for 5 minutes, today.
  Ms. Clarke, for 5 minutes, today.

                          ____________________




                              ADJOURNMENT

  Mr. SHAYS. Madam Speaker, I move that the House do now adjourn.
  The motion was agreed to; accordingly (at 7 o'clock and 18 minutes 
p.m.), the House adjourned until tomorrow, Wednesday, April 2, 2008, at 
10 a.m.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

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

       5761. A letter from the Director, International 
     Cooperation, Department of Defense, transmitting Pursuant to 
     Section 27(f) of the Arms Export Control Act and Section 1(f) 
     of Executive Order 11958, Transmittal No. 02-08, which 
     informs of our intent to sign Project Arrangement Number Five 
     concerning Apache Attack Helicopter Modernized Target 
     Acquisition and Designation Sight and Pilot Night Vision 
     Sensor Infrared Weather Performance Analysis, pursuant to 22 
     U.S.C. 2767(f); to the Committee on Foreign Affairs.
       5762. A letter from the Director, International 
     Cooperation, Department of Defense, transmitting Pursuant to 
     Section 27(f) of the Arms Export Control Act and Section 1(f) 
     of Executive Order 11958, Transmittal No. 01-08, informing of 
     an intent to sign the Project Agreement between the 
     Department of Defense of the United States and the Ministry 
     of Defence of the Republic of Singapore Concerning 
     Development of Fuel Cell Power Systems, pursuant to 22 U.S.C. 
     2767(f); to the Committee on Foreign Affairs.
       5763. A letter from the Secretary, Department of the 
     Treasury, transmitting the semiannual report detailing 
     payments made to Cuba as a result of the provision of 
     telecommunications services pursuant to Department of the 
     Treasury specific licenses, as required by Section 1705(e)(6) 
     of the Cuban Democracy Act of 1992, 22 U.S.C. 6004(e)(6), as 
     amended by Section 102(g) of the Cuban Liberty and Democratic 
     Solidarity (LIBERTAD) Act of 1996, and pursuant to Executive 
     Order 13313 of July 31, 2003, pursuant to 22 U.S.C. 6032; to 
     the Committee on Foreign Affairs.
       5764. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting notification that 
     effective February 17, 2008, 25% Danger Pay Allowance for 
     Chad has been established based on the unsettled security 
     situation that could endanger lives of U.S. Government 
     civilian employees, pursuant to 5 U.S.C. 5928; to the 
     Committee on Foreign Affairs.
       5765. A letter from the Assistant Legal Adviser for Treaty 
     Affairs, Department of State, transmitting Copies of 
     international agreements, other than treaties, entered into 
     by the United States, pursuant to 1 U.S.C. 112b; to the 
     Committee on Foreign Affairs.
       5766. A letter from the Assistant Legal Adviser for Treaty 
     Affairs, Department of State, transmitting Copies of 
     international agreements, other than treaties, entered into 
     by the United States, pursuant to 1 U.S.C. 112b; to the 
     Committee on Foreign Affairs.
       5767. A letter from the Acting Director, Defense Security 
     Cooperation Agency, transmitting pursuant to the reporting 
     requirements of Section 36(b)(1) of the Arms Export Control 
     Act, as amended, Transmittal No. 08-44 concerning the 
     Department of the Army's proposed Letter(s) of Offer and 
     Acceptance to Iraq for defense articles and services; to the 
     Committee on Foreign Affairs.
       5768. A letter from the Director, Defense Security 
     Cooperation Agency, transmitting pursuant to Section 62(a) of 
     the Arms Export Control Act (AECA), notification concerning 
     the Department of the Army's proposed extension of a lease of 
     defense articles to the Government of Denmark (Transmittal 
     No. 09-07); to the Committee on Foreign Affairs.
       5769. A letter from the Under Secretary for Policy, 
     Department of Defense, transmitting the Department's FY 2009 
     Cooperative Threat Reduction Annual Report, pursuant to 
     Public Law 106-398, section 1308; to the Committee on Foreign 
     Affairs.
       5770. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     section 3(d) of the Arms Export Control Act, certification 
     regarding the proposed transfer of major defense equipment 
     from the Government of Germany (Transmittal No. RSAT-02-08); 
     to the Committee on Foreign Affairs.
       5771. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     section 36(d) of the Arms Export Control Act, certification 
     regarding the proposed license for the manufacture of 
     military equipment to the Government of the United Kingdom 
     (Transmittal No. DDTC 015-08); to the Committee on Foreign 
     Affairs.
       5772. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State,

[[Page 4705]]

     transmitting pursuant to section 36(d) of the Arms Export 
     Control Act, certification regarding the proposed license for 
     the manufacture of military equipment to the Government of 
     the United Kingdom (Transmittal No. DDTC 022-08); to the 
     Committee on Foreign Affairs.
       5773. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     sections 36(c) and 36(d) of the Arms Export Control Act, 
     certification regarding the proposed license for the 
     manufacture of military equipment and the export of defense 
     articles and services to the Government of Russia 
     (Transmittal No. DDTC 040-08); to the Committee on Foreign 
     Affairs.
       5774. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     section 36(c) of the Arms Export Control Act, certification 
     of a proposed license for the export of defense articles to 
     the Government of Georgia (Transmittal No. DDTC 033-08); to 
     the Committee on Foreign Affairs.
       5775. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     section 36(c) of the Arms Export Control Act, certification 
     of a proposed agreement for the export of defense articles 
     and services to the Republic of Korea (Transmittal No. DDTC 
     007-08); to the Committee on Foreign Affairs.
       5776. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     section 36(c) of the Arms Export Control Act, certification 
     of a proposed manufacturing license agreement for the export 
     of defense articles and services to the Government of Turkey 
     (Transmittal No. DDTC 026-08); to the Committee on Foreign 
     Affairs.
       5777. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     section 36(c) of the Arms Export Control Act, certification 
     of a proposed agreement for the export of defense articles 
     and services to the Government of Japan (Transmittal No. DDTC 
     006-08); to the Committee on Foreign Affairs.
       5778. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     section 36(c) of the Arms Export Control Act, certification 
     of an application for a license for the export of defense 
     articles and services to the Governments of the United 
     Kingdom and France (Transmittal No. DDTC 032-08); to the 
     Committee on Foreign Affairs.
       5779. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     section 36(c) of the Arms Export Control Act, certification 
     of a proposed agreement for the export of defense articles 
     and services to the Government of Russia (Transmittal No. 
     DDTC 028-08); to the Committee on Foreign Affairs.
       5780. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     section 36(c) of the Arms Export Control Act, certification 
     of a proposed manufacturing license agreement for the export 
     of defense articles and services to the Government of Canada 
     (Transmittal No. DDTC 037-08); to the Committee on Foreign 
     Affairs.
       5781. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     section 36(c) of the Arms Export Control Act, certification 
     of an application for a license for the export of defense 
     articles and services to the Government of the United Kingdom 
     (Transmittal No. DDTC 019-08); to the Committee on Foreign 
     Affairs.
       5782. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     section 36(c) of the Arms Export Control Act, certification 
     of a proposed agreement for the export of defense articles 
     and services to the Government of Mexico (Transmittal No. 
     DDTC 008-08); to the Committee on Foreign Affairs.
       5783. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     section 36(c) of the Arms Export Control Act, certification 
     of a proposed agreement for the export of defense articles 
     and services to the Government of Australia (Transmittal No. 
     DDTC 115-07); to the Committee on Foreign Affairs.
       5784. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     section 36(c) of the Arms Export Control Act, certification 
     of a proposed agreement for the export of defense articles 
     and services to the Government of Mexico (Transmittal No. 
     DDTC 017-08); to the Committee on Foreign Affairs.
       5785. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     section 36(c) of the Arms Export Control Act, certification 
     of a proposed license for the export of defense articles and 
     services to the Governments of Russia and Kazakstan 
     (Transmittal No. DDTC 029-08); to the Committee on Foreign 
     Affairs.
       5786. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting a report pursuant 
     to Section 3 of the Arms Export Control Act, as amended, 
     detailing an unauthorized retransfer of U.S.-granted defense 
     articles; to the Committee on Foreign Affairs.
       5787. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting the Department's 
     final rule -- Amendment to the International Arms Traffic in 
     Arms Regulations: North Atlantic Treaty Organization (NATO) 
     -- received March 18, 2008, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Foreign Affairs.
       5788. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting extension of the 
     waiver of Section 907 of the FREEDOM Support Act, Pub. L. 
     102-511, with respect to assistance to the Government of 
     Azerbaijan; to the Committee on Foreign Affairs.
       5789. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting a report providing 
     information on steps taken by the U.S. Government to bring 
     about an end to the Arab League boycott of Israel and to 
     expand the process of normalization between Israel and the 
     Arab League countries, as requested in Section 635 of the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act for Fiscal Year 2008 (Pub. L. 110-161); to 
     the Committee on Foreign Affairs.
       5790. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting pursuant to 
     Section 620C(c) of the Foreign Assistance Act of 1961, as 
     amended, and in accordance with section 1(a)(6) of Executive 
     Order 13313, a report prepared by the Department of State on 
     the progress toward a negotiated solution of the Cyprus 
     question covering the period December 1, 2007 through January 
     31, 2008; to the Committee on Foreign Affairs.
       5791. A letter from the Assistant Secretary for Legislative 
     Affairs, Department of State, transmitting a copy of 
     Presidential Determination No. 2008-13, ``Waiver of 
     Restrictions on Providing Funds to the Palestinian 
     Authority,'' pursuant to Section 650(d) of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2008, Pub. L. 110-161; to the Committee 
     on Foreign Affairs.
       5792. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-323, ``Clean 
     Cars Act of 2008,'' pursuant to D.C. Code section 1-
     233(c)(1); to the Committee on Oversight and Government 
     Reform.
       5793. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-324, 
     ``Accrued Sick and Safe Leave Act of 2008,'' pursuant to D.C. 
     Code section 1-233(c)(1); to the Committee on Oversight and 
     Government Reform.
       5794. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-325, 
     ``College Savings Program Increased Tax Benefit Act of 
     2008,'' pursuant to D.C. Code section 1-233(c)(1); to the 
     Committee on Oversight and Government Reform.
       5795. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-326, 
     ``Omnibus Executive Service System, Police and Fire Systems, 
     and Retirement Modifications for Chief of Police Cathy L. 
     Lanier and Fire Chief Dennis L. Rubin Amendment Act of 
     2008,'' pursuant to D.C. Code section 1-233(c)(1); to the 
     Committee on Oversight and Government Reform.
       5796. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-327, 
     ``Producer Licensing Amendment Act of 2008,'' pursuant to 
     D.C. Code section 1-233(c)(1); to the Committee on Oversight 
     and Government Reform.
       5797. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-328, 
     ``Special Election Amendment Act of 2008,'' pursuant to D.C. 
     Code section 1-233(c)(1); to the Committee on Oversight and 
     Government Reform.
       5798. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-329, 
     ``Prohibition of Discrimination on the Basis of Gender 
     Identity and Expression Amendment Act of 2008,'' pursuant to 
     D.C. Code section 1-233(c)(1); to the Committee on Oversight 
     and Government Reform.
       5799. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-330, ``Fire-
     Standard-Compliant Cigarettes Act of 2008,'' pursuant to D.C. 
     Code section 1-233(c)(1); to the Committee on Oversight and 
     Government Reform.
       5800. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-331, ``Fire 
     Hydrant Inspection, Repair, and Maintenance Amendment Act of 
     2008,'' pursuant to D.C. Code section 1-233(c)(1); to the 
     Committee on Oversight and Government Reform.
       5801. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-332, 
     ``Department of Transportation Establishment Temporary 
     Amendment Act of 2008,'' pursuant to D.C. Code section 1-
     233(c)(1); to the Committee on Oversight and Government 
     Reform.
       5802. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-333, 
     ``Extension of Time to Dispose of the Old Congress Heights 
     School Temporary Amendment Act of 2008,'' pursuant to D.C. 
     Code section 1-233(c)(1); to the Committee on Oversight and 
     Government Reform.
       5803. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a

[[Page 4706]]

     copy of D.C. ACT 17-334, ``Inclusionary Zoning Implementation 
     Temporary Amendment Act of 2008,'' pursuant to D.C. Code 
     section 1-233(c)(1); to the Committee on Oversight and 
     Government Reform.
       5804. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-335, 
     ``Conversion Fee Clarification Temporary Amendment Act of 
     2008,'' pursuant to D.C. Code section 1-233(c)(1); to the 
     Committee on Oversight and Government Reform.
       5805. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-336, 
     ``Supplemental Appropriations Clarification Temporary 
     Amendment Act of 2008,'' pursuant to D.C. Code section 1-
     233(c)(1); to the Committee on Oversight and Government 
     Reform.
       5806. A letter from the Chairman, Council of the District 
     of Columbia, transmitting a copy of D.C. ACT 17-337, ``Local 
     Rent Supplemental Program Temporary Amendment Act of 2008,'' 
     pursuant to D.C. Code section 1-233(c)(1); to the Committee 
     on Oversight and Government Reform.

                          ____________________




         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. RAHALL: Committee on Natural Resources. H.R. 2016. A 
     bill to establish the National Landscape Conservation System, 
     and for other purposes; with an amendment (Rept. 110-561). 
     Referred to the Committee of the Whole House on the State of 
     the Union.
       Mr. McGOVERN: Committee on rules. H. Res. 1065. A 
     resolution providing for consideration of the bill (H.R. 
     5501) to authorize appropriations for fiscal years 2009 
     through 2013 to provide assistance to foreign countries to 
     combat HIV/AIDS, tuberculosis, and malaria, and for other 
     purposes (Rept. 110-562). Referred to the House Calendar.

                          ____________________




                      PUBLIC BILLS AND RESOLUTIONS

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

           By Mr. McCOTTER (for himself, Mr. Rohrabacher, Mr. 
             Walsh of New York, Mr. Wamp, Mr. Burgess, Ms. 
             Berkley, and Mr. DeFazio):
       H.R. 5668. A bill to prohibit Federal government officials 
     and employees from attending the opening ceremonies of the 
     2008 Summer Olympic Games held in communist China based upon 
     communist China brutalizing protesters in Tibet, supporting 
     and enabling Sudan's genocidal regime, forcing a one child 
     policy upon Chinese families, persecuting Chinese citizens 
     for freely exercising religion, repressing free and 
     independent labor unions, engaging in wanton environmental 
     degradation, and systematically denying the Chinese people 
     their basic freedoms; to the Committee on Foreign Affairs.
           By Mr. TOWNS (for himself and Mr. Terry):
       H.R. 5669. A bill to amend the Public Health Service Act to 
     reauthorize the poison center national toll-free number, 
     national media campaign, and grant program to provide 
     assistance for poison prevention, sustain the funding of 
     poison centers, and enhance the public health of people of 
     the United States; to the Committee on Energy and Commerce.
           By Mr. FOSSELLA (for himself and Mr. Pascrell):
       H.R. 5670. A bill to amend the Internal Revenue Code of 
     1986 to provide a Federal income tax credit for certain home 
     purchases; to the Committee on Ways and Means.
           By Mr. HERGER (for himself and Mr. Blumenauer):
       H.R. 5671. A bill to amend the laws establishing the 
     Whiskeytown-Shasta-Trinity National Recreation Area and the 
     Columbia River Gorge National Scenic Area, units of the 
     National Forest System derived from the public domain, to 
     authorize the Secretary of Agriculture to retain and utilize 
     special use permit fees collected by the Secretary in 
     connection with the operation of marinas in the recreation 
     area and the operation of the Multnomah Falls Lodge in the 
     scenic area, and for other purposes; to the Committee on 
     Natural Resources.
           By Ms. EDDIE BERNICE JOHNSON of Texas:
       H.R. 5672. A bill to establish the Commission on Women's 
     Business Ownership; to the Committee on Financial Services, 
     and in addition to the Committees on Oversight and Government 
     Reform, and Small Business, 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. McCARTHY of California (for himself, Mr. Ehlers, 
             and Mr. Daniel E. Lungren of California):
       H.R. 5673. A bill to amend the Uniformed and Overseas 
     Citizens Absentee Voting Act to direct the Secretary of 
     Defense to collect absentee ballots of absent overseas 
     uniformed services voters for elections for Federal office 
     and deliver the ballots to State election officials prior to 
     the time established for the closing of the polls on the date 
     of the election, and for other purposes; to the Committee on 
     House Administration.
           By Mr. MEEK of Florida (for himself, Mr. Ryan of Ohio, 
             and Mr. Ellsworth):
       H.R. 5674. A bill to amend title 18, United States Code, to 
     require the Bureau of Prisons to provide secure storage areas 
     in prison facilities for employees authorized to carry a 
     firearm; to the Committee on the Judiciary.
           By Mr. MEEK of Florida:
       H.R. 5675. A bill to amend the Harmonized Tariff Schedule 
     of the United States to revise the classification of certain 
     cigars; to the Committee on Ways and Means.
           By Mr. MILLER of Florida:
       H.R. 5676. A bill to designate the historic Federal 
     Building located at 100 North Palafox Street in Pensacola, 
     Florida, as the ``Winston E. Arnow Federal Building''; to the 
     Committee on Transportation and Infrastructure.
           By Mr. McCOTTER (for himself, Mr. Levin, Mr. Ferguson, 
             Mr. Shuler, Mr. Knollenberg, Mrs. Miller of Michigan, 
             and Mr. Brown of South Carolina):
       H. Res. 1064. A resolution recognizing Gordon ``Gordie'' 
     Howe on the occasion of his 80th birthday, and for other 
     purposes; to the Committee on Oversight and Government 
     Reform.
           By Mr. EMANUEL:
       H. Res. 1066. A resolution electing certain Members to a 
     certain standing committee of the House of Representatives; 
     considered and agreed to.
           By Mr. COURTNEY (for himself, Mr. Skelton, Mr. Shays, 
             Ms. DeLauro, Mr. Larson of Connecticut, Mr. Murphy of 
             Connecticut, Mr. Langevin, Ms. Bordallo, Mr. Doyle, 
             Mr. Brady of Pennsylvania, Mr. Braley of Iowa, Mr. 
             Cohen, Mr. Bartlett of Maryland, Ms. Hirono, Mr. 
             Hare, Mr. Olver, Mr. Gonzalez, Mr. Donnelly, Mr. 
             Holden, Mr. Sestak, and Mr. Scott of Virginia):
       H. Res. 1067. A resolution recognizing the 50th anniversary 
     of the crossing of the North Pole by the USS Nautilus (SSN 
     571) and its significance in the history of both our Nation 
     and the world; to the Committee on Armed Services.
           By Mr. BRADY of Pennsylvania (for himself and Mr. 
             Ehlers):
       H. Res. 1068. A resolution permitting active duty members 
     of the Armed Forces who are assigned to a Congressional 
     liaison office of the Department of Defense at the House of 
     Representatives to obtain membership in the exercise facility 
     established for employees of the House of Representatives; to 
     the Committee on House Administration.
           By Mr. CROWLEY (for himself, Mr. Kirk, and Mr. Mahoney 
             of Florida):
       H. Res. 1069. A resolution condemning the use of television 
     programming by Hamas to indoctrinate hatred, violence, and 
     anti-Semitism toward Israel in young Palestinian children; to 
     the Committee on Foreign Affairs.
           By Mr. PASCRELL (for himself, Mr. Souder, Mr. Pomeroy, 
             Mrs. Miller of Michigan, and Mr. Engel):
       H. Res. 1070. A resolution expressing strong support for 
     Albania, Croatia, and Macedonia to be extended invitations 
     for membership to the North Atlantic Treaty Organization at 
     the April 2008 Bucharest Summit, and for other purposes; to 
     the Committee on Foreign Affairs.

                          ____________________




                          ADDITIONAL SPONSORS

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

       H.R. 89: Mr. McCotter.
       H.R. 241: Mr. Gerlach.
       H.R. 281: Mr. Kildee and Mr. Hinojosa.
       H.R. 351: Ms. Jackson-Lee of Texas and Mr. Conyers.
       H.R. 406: Mr. Hodes and Mr. Scott of Georgia.
       H.R. 471: Mr. Young of Alaska and Mr. Rogers of Kentucky.
       H.R. 503: Mr. Meeks of New York and Mr. Meek of Florida.
       H.R. 636: Mr. Westmoreland.
       H.R. 741: Mr. Barrow.
       H.R. 784: Mr. Holt.
       H.R. 901: Mr. Gonzalez, Mrs. Boyda of Kansas, Ms. Herseth 
     Sandlin, and Ms. Wasserman Schultz.
       H.R. 1032: Mr. Klein of Florida.
       H.R. 1188: Mr. Holt.
       H.R. 1264: Mr. Murtha, Mr. Platts, Mr. Davis of Alabama, 
     Mr. Bonner, and Mr. Graves.
       H.R. 1295: Mr. Herger, Mr. Rogers of Michigan, and Mr. King 
     of Iowa.
       H.R. 1399: Mr. Mitchell.
       H.R. 1436: Mr. McCaul of Texas.
       H.R. 1464: Ms. Sutton.
       H.R. 1565: Mr. Scott of Virginia.
       H.R. 1621: Ms. Slaughter.
       H.R. 1646: Mr. Hinojosa.
       H.R. 1667: Ms. Jackson-Lee of Texas.
       H.R. 1687: Mrs. Tauscher.
       H.R. 1742: Mr. McDermott and Mrs. Lowey.
       H.R. 1921: Ms. Corrine Brown of Florida and Mr. Wynn.

[[Page 4707]]


       H.R. 1927: Mr. Mica and Mr. Klein of Florida.
       H.R. 2014: Mr. Sam Johnson of Texas.
       H.R. 2045: Mr. Butterfield.
       H.R. 2049: Mr. Crowley.
       H.R. 2165: Mr. Whitfield of Kentucky and Ms. Bordallo.
       H.R. 2210: Mr. Pastor.
       H.R. 2329: Mr. Lampson and Mr. Ellison.
       H.R. 2417: Mr. Faleomavaega.
       H.R. 2470: Mr. Ryan of Ohio.
       H.R. 2516: Ms. Sutton.
       H.R. 2550: Ms. Schwartz, Mr. Rodriguez, Mr. Smith of Texas, 
     and Mr. Lynch.
       H.R. 2634: Mr. Hodes.
       H.R. 2702: Mr. Tim Murphy of Pennsylvania and Mr. Lincoln 
     Davis of Tennessee.
       H.R. 2762: Mr. Langevin.
       H.R. 2784: Mr. Skelton.
       H.R. 2864: Mr. Andrews.
       H.R. 2922: Mr. Allen and Mr. Gerlach.
       H.R. 2965: Ms. Jackson-Lee of Texas and Mr. Lewis of 
     Georgia.
       H.R. 3010: Mr. Markey.
       H.R. 3089: Mr. McCaul of Texas and Mr. Sessions.
       H.R. 3098: Mr. LaHood and Mr. Blunt.
       H.R. 3132: Mr. Pastor, Mr. Berman, Ms. Giffords, Ms. 
     Hirono, Mrs. Davis of California, and Mr. Cohen.
       H.R. 3191: Mr. Boswell and Mr. Patrick Murphy of 
     Pennsylvania.
       H.R. 3229: Mr. Cramer, Mr. Donnelly, Ms. Harman, Mr. 
     Pomeroy, Mr. Space, Mr. Tanner, Mr. Wilson of Ohio, and Mr. 
     Taylor.
       H.R. 3282: Ms. Eshoo.
       H.R. 3416: Mr. Farr.
       H.R. 3434: Mr. Boren.
       H.R. 3439: Mr. Pastor, Ms. McCollum of Minnesota, Mr. Frank 
     of Massachusetts, and Mr. Rothman.
       H.R. 3457: Mr. Cohen.
       H.R. 3622: Mr. Boozman.
       H.R. 3652: Mr. Arcuri and Ms. Baldwin.
       H.R. 3658: Mr. Engel.
       H.R. 3700: Ms. Velazquez.
       H.R. 3769: Ms. Slaughter and Mrs. Maloney of New York.
       H.R. 3799: Mr. Moran of Virginia and Ms. Schakowsky.
       H.R. 3822: Mr. Ross.
       H.R. 3865: Mr. Delahunt and Mr. Johnson of Georgia.
       H.R. 3876: Mr. Abercrombie.
       H.R. 3881: Mr. Michaud.
       H.R. 3934: Ms. Wasserman Schultz.
       H.R. 3990: Mr. Weiner and Mr. Sestak.
       H.R. 4002: Mr. Boren.
       H.R. 4044: Mr. Delahunt, Mr. Cohen, Mr. Filner, and Mr. 
     Johnson of Georgia.
       H.R. 4054: Mr. Doyle, Mr. Butterfield, Mr. Hare, Ms. Eddie 
     Bernice Johnson of Texas, and Mr. Scott of Georgia.
       H.R. 4102: Mr. Payne.
       H.R. 4130: Mr. Goode.
       H.R. 4202: Ms. Moore of Wisconsin.
       H.R. 4236: Mr. Rahall and Mr. Hall of New York.
       H.R. 4318: Mr. Kind.
       H.R. 4544: Mr. McCaul of Texas.
       H.R. 4959: Ms. Harman, Mr. Wu, and Mr. Cohen.
       H.R. 5028: Mr. Walz of Minnesota, Mr. Klein of Florida, and 
     Mr. Lampson.
       H.R. 5032: Mr. Hunter, Mr. Burton of Indiana, Mrs. Schmidt, 
     Mr. McCaul of Texas, Mr. Wilson of South Carolina, Ms. 
     Fallin, Mr. Smith of Texas, and Mr. Hayes.
       H.R. 5038: Ms. Linda T. Sanchez of California.
       H.R. 5057: Mr. Reichert.
       H.R. 5060: Mr. Schiff.
       H.R. 5109: Mr. Kuhl of New York, Mr. Burgess, and Mr. Gary 
     G. Miller of California.
       H.R. 5134: Mr. Marshall and Mr. Visclosky.
       H.R. 5148: Mr. Boucher and Mr. Doolittle.
       H.R. 5173: Mr. Ross and Mr. Brady of Pennsylvania.
       H.R. 5178: Mr. Lewis of Georgia.
       H.R. 5268: Ms. DeGette, Mr. Hastings of Florida, Mr. 
     Arcuri, Ms. Matsui, Mr. Brady of Pennsylvania, Mrs. Capps, 
     Mr. Davis of Alabama, and Mr. Markey.
       H.R. 5315: Mr. Hodes.
       H.R. 5450: Mr. Hill, Mr. Burgess, Mr. Kuhl of New York, and 
     Mr. McDermott.
       H.R. 5462: Mr. Culberson.
       H.R. 5477: Mr. Gallegly and Ms. Woolsey.
       H.R. 5481: Mr. Wittman of Virginia.
       H.R. 5490: Mr. Flake.
       H.R. 5493: Mr. Ehlers and Mrs. Myrick.
       H.R. 5506: Mr. Pascrell.
       H.R. 5541: Mr. Young of Alaska, Mrs. Napolitano, Mr. Udall 
     of Colorado, Mr. Udall of New Mexico, Mr. Hinchey, Mr. 
     Sarbanes, Mr. Shuler, Mr. Baird, Mr. Chandler, and Mr. Allen.
       H.R. 5561: Mr. Kuhl of New York and Ms. Ginny Brown-Waite 
     of Florida.
       H.R. 5566: Mr. Gallegly.
       H.R. 5580: Ms. Watson, Ms. Jackson-Lee of Texas, and Mr. 
     Moran of Virginia.
       H.R. 5585: Mrs. Capps.
       H.R. 5587: Mr. Boyd of Florida.
       H.R. 5602: Mr. Hill and Mr. Boswell.
       H.R. 5609: Ms. Sutton.
       H.R. 5611: Mr. Capuano, Mr. Kind, and Mr. Holden.
       H.R. 5613: Mr. Pallone, Mr. Allen, Ms. Schakowsky, Mr. 
     Engel, Mr. King of New York, Mr. Waxman, Mr. Towns, Mr. 
     Boucher, Mr. Ross, Ms. Eshoo, Mr. Gordon, Mrs. Maloney of New 
     York, Mr. Hare, Ms. Sutton, Mr. McDermott, Mr. Boswell, Mr. 
     Markey, Mr. Goode, Mr. Holt, Mr. Hoekstra, Ms. Berkley, Mr. 
     McNulty, Mr. Braley of Iowa, Mr. Farr, Mrs. Capps, Mr. Gene 
     Green of Texas, Mr. Reyes, Mr. Ruppersberger, Mr. Sarbanes, 
     Mr. Inslee, Ms. Harman, Mr. Ferguson, Mr. Capuano, Mr. Welch 
     of Vermont, Mr. Doyle, Mr. Cummings, Ms. Matsui, Mr. Wu, Mr. 
     Stark, Ms. DeGette, Mr. Marshall, Ms. Solis, Ms. Castor, Mr. 
     Rodriguez, Mr. Johnson of Georgia, Mr. Van Hollen, and Mr. 
     Frank of Massachusetts.
       H.R. 5627: Mr. McCotter and Mr. Miller of Florida.
       H.R. 5635: Mr. Davis of Alabama and Mr. Meek of Florida.
       H.J. Res. 9: Mr. Cole of Oklahoma.
       H. Con. Res. 81: Ms. Zoe Lofgren of California.
       H. Con. Res. 235: Mr. Manzullo, Mr. Wilson of South 
     Carolina, Mr. Boozman, Mr. Klein of Florida, and Mr. Engel.
       H. Res. 102: Mr. Space.
       H. Res. 146: Mr. Wexler and Ms. Moore of Wisconsin.
       H. Res. 163: Mr. Conyers.
       H. Res. 356: Mr. McNerney.
       H. Res. 638: Mr. Wilson of South Carolina.
       H. Res. 896: Mr. Bartlett of Maryland.
       H. Res. 925: Mr. Mario Diaz-Balart of Florida.
       H. Res. 988: Mr. Israel, Mr. Shuler, Mr. Doyle, and Mr. 
     Tanner.
       H. Res. 992: Mr. Wynn and Mr. Cramer.
       H. Res. 997: Mr. Davis of Illinois, and Mr. Walsh of New 
     York.
       H. Res. 1008: Mr. Frank of Massachusetts.
       H. Res. 1011: Mr. Hunter, Mrs. Davis of California, Mrs. 
     Tauscher, Mr. Sires, Ms. Bordallo, Ms. Woolsey, and Mr. 
     Wexler.
       H. Res. 1026: Mr. Neugebauer.
       H. Res. 1054: Ms. Berkley, Mrs. Gillibrand, Ms. Schwartz, 
     and Mrs. Maloney of New York.
       H. Res. 1056: Mr. Chandler.
       H. Res. 1061: Ms. Lee, Mr. Al Green of Texas, and Mr. Watt.
       H. Res. 1062: Mr. Larsen of Washington.
       
       
       


[[Page 4708]]


                          EXTENSIONS OF REMARKS

                     HONORING BRANDON JAMES HELLYER

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Brandon James 
Hellyer of Excelsior Springs, Missouri. Brandon is a very special young 
man who has exemplified the finest qualities of citizenship and 
leadership by taking an active part in the Boy Scouts of America, Troop 
6123, and earning the most prestigious award of Eagle Scout.
  Brandon has been very active with his troop, participating in many 
Scout activities. Over the many years Brandon has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Brandon 
James Hellyer for his accomplishments with the Boy Scouts of America 
and for his efforts put forth in achieving the highest distinction of 
Eagle Scout.

                          ____________________




    TRIBUTE RECOGNIZING THE 40TH ANNIVERSARY OF TELACU AND THE 25TH 
              ANNIVERSARY OF TELACU'S EDUCATION FOUNDATION

                                 ______
                                 

                       HON. LUCILLE ROYBAL-ALLARD

                             of california

                    in the house of representatives

                         Tuesday, April 1, 2008

  Ms. ROYBAL-ALLARD. Madam Speaker, I rise today to recognize TELACU, 
an organization based in East Los Angeles in my 34th Congressional 
District, on the occasion of its 40th anniversary and to recognize 
TELACU's Education Foundation on the occasion of its 25th anniversary.
  TELACU, which stands for The East Los Angeles Community Union, is a 
pioneer in empowering and revitalizing communities in our great State 
of California and throughout our Nation. In 1968, TELACU was born as a 
Community Development Corporation (CDC) through seed money appropriated 
by Congress. Since then, TELACU has grown to become the largest CDC in 
the Nation with more than $500 million in assets.
  For 40 years, under the innovative and dynamic leadership of David C. 
Lizarraga who serves as Chairman, President and CEO of TELACU, this 
corporation has provided our young people and families with the tools 
they need to achieve the American dream. Through its core businesses, 
TELACU has created thousands of jobs, affordable homes, loans to small 
businesses and families, and most importantly, numerous educational 
opportunities for our Latino community.
  In response to crisis-level dropout rates for Latino students in 
college, TELACU created the TELACU Education Foundation 25 years ago. 
Working in partnership with a vast network of colleges, universities, 
corporations and individuals, the TELACU Education Foundation has 
awarded millions of dollars in scholarships to thousands of deserving 
students.
  As the centerpiece of the foundation, the TELACU Scholarship Program 
annually provides scholarships to 600 college and graduate students who 
are the first in their families to access higher education. Realizing 
that financial resources alone cannot fully meet these students' needs, 
the program also provides the scholars with comprehensive academic and 
career guidance to ensure that all of them graduate.
  The foundation also serves an additional 2,000 elementary, middle and 
high school students, nursing students, and veterans. Through 
comprehensive educational programs, these scholars are not only 
inspired to pursue higher education, but are also equipped to meet the 
rigorous expectations of college. As a result, 100 percent of TELACU's 
high school students earn their high school diploma and continue on to 
pursue post-secondary education.
  Madam Speaker, on the occasions of TELACU's 40th anniversary and its 
Education Foundation's 25th anniversary, I join today with fellow 
leaders throughout my State in commending David Lizarraga and these 
dynamic institutions for their extraordinary efforts to empower our 
young people and our communities, and I wish them many years of 
continued success ahead.

                          ____________________




       CONGRATULATING THE CHESTNUT LOG MIDDLE SCHOOL READING TEAM

                                 ______
                                 

                            HON. DAVID SCOTT

                               of georgia

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. SCOTT of Georgia. Madam Speaker, I rise to honor another great 
accomplishment by students in my Congressional district. 
Congratulations to members of the Chestnut Log Middle School Reading 
Team of Douglasville, GA, for their back to back wins at the Helen 
Ruffin Reading Bowl. This competition was held at the University of 
Georgia in Athens on March 1, 2008.
  For the competition, students read twenty books recognized as Georgia 
Book Award Nominees and earned the most points by correctly answering 
questions from each of these novels. Chestnut Log's team qualified for 
the state competition by first competing at the Douglas County Reading 
Bowl in January, followed by the regional competition at the University 
of West Georgia in Carrollton in February. Last week, they became 
consecutive state champions.
  I want to recognize the members and coaches of the Chestnut Log 
Middle School Reading Team. Many of last year's winners participated 
again including Seth Blair, Isaac Carter, and Zachary Fowler, as well 
as new participants Hannah Drosky, Jordan Raley, Rashard Leonard, Gavin 
Finch and Andrew Hater. I also wish to recognize coaches Jan 
Easterwood, Margaret Robbins and Susan Bissell for their continued 
guidance of this team and their strong devotion to fostering good 
reading habits among youth in the 13th Congressional District.
  In closing, Madam Speaker, I am thrilled to once again recognize 
Chestnut Log Middle School's Reading Bowl team for their continued 
success. I want to commend these students for this achievement and I 
wish them much success in their future academic pursuits.

                          ____________________




                 15TH ANNUAL PATRIOTIC DAY CELEBRATION

                                 ______
                                 

                         HON. HARRY E. MITCHELL

                               of arizona

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. MITCHELL. Madam Speaker, I rise today to commemorate the Annual 
Patriotic Day Celebration at Kyrene Akimel A-al Middle School, taking 
place this Friday, April 4, 2009. The Parent Teacher Student 
Organization has organized this wonderful event for Kyrene Akimel A-al 
for the past 15 years.
  Since its inception in 1992, Kyrene Akimel A-al has been committed to 
educating their students about the responsibilities of citizenship and 
about the sacrifices and bravery of those who make our freedom 
possible. In 1994, Kyrene Akimel A-al was named a World War II 
Commemorative School. It is the only middle school in Arizona to 
achieve this honor. This was also the first year that Patriotic Day was 
designated by Kyrene Akimel A-al to honor the contributions and 
sacrifices of all of America's Veterans.
  I am hopeful that this event will teach the students of Kyrene Akimel 
A-al Middle School, and its surrounding community, to honor the actions 
of our nation's veterans for years to come. I commend the school and 
its excellent Parent Teacher Student Organization for taking on this 
amazing project.

[[Page 4709]]



                          ____________________




        SUPPORTING THE RECOGNITION OF NATIONAL FOOT HEALTH MONTH

                                 ______
                                 

                           HON. DIANA DeGETTE

                              of colorado

                    in the house of representatives

                         Tuesday, April 1, 2008

  Ms. DeGETTE. Madam Speaker, I rise today in recognition of National 
Foot Health Awareness Month and the critical role that podiatric 
physicians play in our national health care system. Combined, two feet 
contain one quarter of all the bones in the human body, and an average 
day of walking puts the equivalent of several hundred tons of pressure 
on the feet. Given this degree of stress, it is perhaps no surprise 
that over half of all Americans experience foot pain at some point in 
their lives.
  Podiatrists are at the forefront of expert foot health care. 
Podiatrists are physicians who specialize in foot and ankle care and 
who have been trained to diagnose and treat foot and ankle ailments. 
Their scope of practice includes performing foot and ankle surgery.
  Throughout April, podiatrists will be engaged in a national awareness 
campaign titled ``Podiatrists Keep America Walking,'' timed to coincide 
with National Foot Health Awareness Month. This year's ``Podiatrists 
Keep America Waking'' campaign will focus on children's foot health. 
Consistent with this theme, podiatrists will educate expectant mothers 
about foot ailments experienced by pregnant women, and parents about 
steps they can take to protect their children from foot abnormalities.
  Foot pain is no mere inconvenience, and it should not be treated 
lightly or ignored. In many cases, persistent foot pain or recurring 
injuries can be the first sign of a serious condition, such as 
diabetes, anemia, arthritis, and certain circulatory disorders. Paying 
close attention to foot health, and taking regular advantage of the 
care provided by a podiatrist, can often aid in the early diagnosis of 
these and other conditions.
  Americans living with diabetes must be particularly mindful of foot 
health. Diabetes is a chronic and potentially life-threatening illness 
impacting approximately 21 million Americans. Foot care is especially 
important for those living with diabetes because the risk is great for 
developing a foot ulcer that could become infected, and might 
ultimately result in amputation.
  In fact, diabetes is the leading cause of non-traumatic lower 
extremity amputation, and experts estimate that 86,000 lower limbs are 
amputated every year as a consequence of diabetes-related 
complications. Among those living with diabetes, Native Americans, 
African Americans, Hispanics and older men are most vulnerable to foot 
ailments. However, regular and expert foot care can significantly 
reduce the likelihood of amputation by helping to ensure early 
diagnosis and successful treatment.
  The growing epidemics of diabetes and obesity and their concurrent 
complications are among many reasons why podiatric physicians are an 
important part of America's health care team. Madam Speaker, I applaud 
doctors of podiatric medicine for their vital contributions to the 
health of all Americans, and urge all Americans to be vigilant not only 
during National Foot Health Awareness Month, but throughout the year.

                          ____________________




                  PAYING TRIBUTE TO ROBERT L. FORBUSS

                                 ______
                                 

                           HON. JON C. PORTER

                               of nevada

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. PORTER. Madam Speaker, I rise today to pay tribute to Robert 
Forbuss, who is being honored by the Clark County School District in 
the naming of the Robert L. Forbuss Elementary School.
  Robert is a native Nevadan who has served this community for nearly 
four decades as an educator, elected official, businessman, and 
community advocate. After earning his degrees in Political Science and 
Public Administration from Long Beach State University, Robert returned 
to Las Vegas and began his professional career as a teacher at Bishop 
Gorman High School from 1972-1979. He then served on the Clark County 
School Board of Trustees for eight years and was an influential 
advocate for education initiatives in Southern Nevada.
  While working as a teacher, Robert became an Emergency Medical 
Technician and worked during his summer breaks for Mercy Medical 
Services, a company he would later own. Under Robert's leadership, 
Mercy became a model operation for paramedic services. In the business 
community, Mr. Forbuss has served as both a board member of the Las 
Vegas Chamber of Commerce and as its Chairman. He is also the founder 
of Commercial Bank of Nevada now called Colonial Bank. Today, Robert is 
the President of Strategic Alliances, a consulting company working in 
the area of government relations, business development, strategic 
planning, and issues management.
  Additionally, Mr. Forbuss was a Board Member of the Las Vegas 
Convention and Visitors Authority for six years, a member of the Clark 
County Master Transportation Plan Funding Committee, the Mayor's 
Committee for a Better Community, Chairman of the Las Vegas Housing 
Authority and the Governor's 2007 Transition Team.
  Madam Speaker, I am proud to honor my friend Mr. Robert L. Forbuss 
and I congratulate him on this well deserved distinction by the Clark 
County School District.

                          ____________________




 IN HONOR OF THE 2008 CONGRESSIONAL CERTIFICATE OF MERIT AWARDEES FOR 
                MINNESOTA'S SIXTH CONGRESSIONAL DISTRICT

                                 ______
                                 

                         HON. MICHELE BACHMANN

                              of minnesota

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mrs. BACHMANN. Madam Speaker, I rise today to pay tribute to 14 
exemplary high school students from every corner of Minnesota's Sixth 
Congressional District. Last week, I had the privilege of meeting 
several of them when I presented them with the Congressional 
Certificate of Merit. This program is a time-honored tradition that so 
many Members of Congress have used throughout the years to recognize 
the academic achievements and outstanding citizenship of America's high 
school students.
  Far too often, the evening news and daily papers are littered with 
stories of young America gone awry. It is easy to forget that these are 
just stories of the few bad apples. But just being in the presence of 
these tremendous students is enough to renew anyone's faith in our 
future. These young adults are shining stars, with strong academic 
records, extraordinary talents, great ambitions, and limitless energy.
  It was a true honor to be able to present these students with this 
recognition: Geoffrey Bible, Apollo High School; Matthew Brown, Elk 
River High School; Erika Bullert, Holdingford High School; Melissa 
Cedarholm, Woodbury High School; Jessie Hansen, New Life Academy; Laura 
Kant, Delano High School; Kayla Kastanek, Kimball Area High School; 
Jennifer Klippen, Becker High School; Meggie O'Keefe, Andover High 
School; Kyle Oliverius, Monticello High School; Elizabeth Swanson, 
Stillwater Area High School; Dana Van Bruggen, Buffalo High School; 
Rebekah Wolden, Rivers Christian Academic; and Jacob Young, Howard Lake 
Waverly Winstead High School.
  Each of these students was nominated by his or her school principal. 
Each of them has earned our accolades and admiration.

                          ____________________




                       HONORING AARON JOSEPH FOY

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Aaron Joseph 
Foy of Liberty, Missouri. Aaron is a very special young man who has 
exemplified the finest qualities of citizenship and leadership by 
taking an active part in the Boy Scouts of America, Troop 1374, and 
earning the most prestigious award of Eagle Scout.
  Aaron has been very active with his troop, participating in many 
Scout activities. Over the many years Aaron has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Aaron 
Joseph Foy for his accomplishments with the Boy Scouts of America and 
for his efforts put forth in achieving the highest distinction of Eagle 
Scout.

                          ____________________




     CONGRATULATING ISRAEL ON ITS 60TH ANNIVERSARY OF INDEPENDENCE

                                 ______
                                 

                            HON. GENE GREEN

                                of texas

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. GENE GREEN of Texas. Madam Speaker, I rise today to congratulate 
Israel on

[[Page 4710]]

its 60th anniversary of independence on May 14, 2008.
  Since Israel's birth it has been a beacon of inspiration and hope for 
oppressed people all across the globe, and Israel has continued to 
flourish by striving for peace and prosperity even in the face of the 
violence that has tormented it since its declaration of independence.
  Israel and the United States have been close friends and allies for 
the past 60 years.
  Our relations have evolved from an initial American policy of 
sympathy and support for the creation of a Jewish homeland in 1948 to a 
key partnership based on common economic interests, common security 
interests, and most of all, common values. We must continue to 
cultivate this relationship.
  For the last 60 years, Israel has also been a leader in technology 
and innovation as they have helped lead the way in science, technology, 
medical, and agricultural breakthroughs. I applaud Israel for these 
efforts.
  I have been fortunate enough to have had the privilege to visit 
Israel on several occasions, and have seen the struggles Israelis face 
daily. However, I have also seen their perseverance and determination 
to create a peaceful and prosperous state and this gives me hope for 
future peace in the region.
  I would again like to congratulate Israel on 60 years of freedom and 
independence and I look forward to many more years of working together.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                         HON. HARRY E. MITCHELL

                               of arizona

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. MITCHELL. Madam Speaker, I have discovered that on February 13, 
2008, my vote on rollcall vote No. 48 did not register in the voting 
system.
  On this vote, I voted in favor of ordering the previous question on 
H. Res. 976, rollcall vote No. 48.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. BOB ETHERIDGE

                           of north carolina

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. ETHERIDGE. Madam Speaker, due to the recent death of a family 
friend and my attendance at his funeral service, I was unable to vote 
on three measures on the House floor on March 31, 2008.
  Had I been present, I would have voted ``yes'' on H.R. 3352, 
Hydrographic Services Improvement Act Amendments of 2007. I would have 
also voted ``yes'' on H.R. 2675, Help to Access Land for the Education 
of Scouts Act, and ``yes'' on H. Con. Res. 302, Supporting the 
Observance of Colorectal Cancer Awareness Month.

                          ____________________




  IN RECOGNITION OF SERVICE OF FRANK FARMER AND DON WESSEL AS CHARTER 
  MEMBERS TO THE OZARKS TECHNICAL COMMUNITY COLLEGE BOARD OF TRUSTEES

                                 ______
                                 

                             HON. ROY BLUNT

                              of missouri

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. BLUNT. Madam Speaker, I rise today to honor two men who have 
spent many years serving their community in Springfield, Missouri, as 
charter members of the Board of Trustees of the Ozarks Technical 
Community College. Frank Farmer and Don Wessel both enjoyed long and 
distinguished careers in private business before being selected by 
their neighbors to serve on the newly created Board of Trustees, 
following the creation of the school in April 1990. They have each been 
reelected to consecutive terms since then; at the end of this month, 
both men will be ending their tenure of service.
  Farmer and Wessel helped shape the growth and direction of a school 
that serves the students of 13 public school districts in southwest 
Missouri--and far beyond that. The growth of the school has been 
nothing short of a phenomenon, with enrollment this year topping more 
than 10,000 students. OTC, as it is known to many local students and 
residents, is also moving forward on plans to expand its operation to a 
second campus in Ozark, Missouri, with an eye on affording greater 
accessibility to its growing student body.
  From its modest beginnings in central Springfield at the old 
vocational-technical school, OTC has blossomed into a modern campus 
that has helped revitalized center Springfield and help train its local 
youth.
  From the beginning, Farmer and Wessel led the way in developing the 
infrastructure and educational leadership OTC would depend upon for its 
spectacular growth. First they hired an effective president in Norman 
Myers. The board of trustees, led by president Wessel from 1992 to 1994 
and Farmer from 1994 to 1996, embarked on a plan to build new classroom 
buildings and greatly expand the number and diversity of available 
courses available to students.
  Farmer's background in education includes service on the Willard 
Board of Education, on which he also served as president. Journalist, 
author and dairyman, Farmer has lent his experience and expertise to 
several public boards and charities, while attending to his duties as 
the editorial page editor of the Springfield News-Leader before his 
retirement there.
  Wessel is a well-known car dealer and philanthropist, who has been 
active in the Springfield Chamber of Commerce, American Red Cross, Cox 
Medical Centers, and has served on virtually every public and civic 
board in the Springfield area.
  To Mr. Farmer and Mr. Wessel, I wish to extend a heartfelt ``thank 
you and well done'' for their untiring work over the last two decades. 
Their unflagging efforts have made the Springfield area a better place 
in which to live, and the Ozarks Technical Community College a beacon 
of educational excellence for the entire region.

                          ____________________




                     HONORING PATRICK WAYNE GUTHRIE

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Patrick Wayne 
Guthrie of Excelsior Springs, Missouri. Patrick is a very special young 
man who has exemplified the finest qualities of citizenship and 
leadership by taking an active part in the Boy Scouts of America, Troop 
1309, and earning the most prestigious award of Eagle Scout.
  Patrick has been very active with his troop, participating in many 
Scout activities. Over the many years Patrick has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Patrick 
Wayne Guthrie for his accomplishments with the Boy Scouts of America 
and for his efforts put forth in achieving the highest distinction of 
Eagle Scout.

                          ____________________




 TRIBUTE TO DR. GEORGE T. DeTITTA FOR 37 YEARS OF DEDICATED SERVICE TO 
              HAUPTMAN-WOODWARD MEDICAL RESEARCH INSTITUTE

                                 ______
                                 

                           HON. BRIAN HIGGINS

                              of new york

                    in the house of representatives

                         Tuesday, April 1, 2008

   Mr. HIGGINS. Madam Speaker, I rise today to congratulate Dr. George 
T. DeTitta on 37 years of devoted service to Hauptman-Woodward Medical 
Research Institute in Buffalo, NY. Dr. DeTitta's commitment to the 
study of human health is a brilliant example of dedication to community 
and fellowman. I commend Dr. DeTitta for his work and congratulate him 
on his return to the lab after 7 years serving as executive director 
and chief executive officer of Hauptman-Woodward.
   Following his undergraduate work at Villanova University and 
completion of his Ph.D. in biochemistry and crystallography from the 
University of Pittsburgh, Dr. DeTitta started out at Hauptman-Woodward 
as a postdoctoral research fellow in 1973. He then served as a research 
scientist until 1999 when he became executive vice president. In 2000 
he became executive director and chief executive efficer.
   During his time in leadership, Dr. DeTitta instated a new state-of-
the-art structural biology center as well as the Center for High-
Throughput Crystallization Laboratory, one of the Nation's 10 Protein 
Structure Initiative Centers. He also initiated and developed the 
University at Buffalo's School of Medicine and Biomedical Sciences' 
Structural Biology Department. During Dr. DeTitta's tenure as CEO, he 
cultivated a new, young faculty at Hauptman-Woodward. His contribution 
to medical research and the study of disease is invaluable, and I 
commend him for his commitment to the success of Hauptman-Woodward.

[[Page 4711]]

   Madam Speaker, I am proud to congratulate Dr. George DeTitta for 
these great accomplishments and wish him and his family the best. His 
work should inspire us all to serve our communities and fellowman with 
dedicated hearts and committed lives.

                          ____________________




                 REMEMBERING AND HONORING CESAR CHAVEZ

                                 ______
                                 

                            HON. ZOE LOFGREN

                             of california

                    in the house of representatives

                         Tuesday, April 1, 2008

  Ms. ZOE LOFGREN of California. Madam Speaker, on this, the 81st 
anniversary of his birth, I would like to join my colleagues in 
honoring Cesar Chavez, an individual that the late Senator Robert 
Kennedy called, ``one of the heroic figures of our time.'' I also join 
the call to pass H. Res. 76, establishing a national holiday in his 
honor. San Jose, the city I represent in this great House, became the 
hometown to Cesar and his family beginning in 1939, and since then our 
community has always had a special place in its heart for Chavez.
  A man of extraordinary accomplishments, Chavez continually called 
attention to the plight of those who, like him, had to struggle to 
attain their piece of the American dream. In remembering him today, we 
keep in mind those Americans working every day on farms in California, 
and around the country, to secure a better future for their family.
  An American who heeded his Nation's call to service in World War II, 
Chavez remained committed to making his country stronger by empowering 
the least powerful of its citizens. A tireless organizer, he inspired 
countless individuals to participate in the democratic processes that 
make this country great.
  As Americans, we do well to remember Cesar Chavez today. His calls 
for economic justice resonate in 2008 just as they did 50 years ago, 
and his early leadership on environmental issues serves as a reminder 
that we are all stewards of this land.
  Cesar Chavez was, without a doubt, a true American hero. As we honor 
his life and remember his many achievements, we in this great body must 
not forget the hard-working Americans he fought for. Though no longer 
with us, Cesar Chavez's work continues.

                          ____________________




     SUPPORTING THE OBSERVANCE OF COLORECTAL CANCER AWARENESS MONTH

                                 ______
                                 

                         HON. MICHELE BACHMANN

                              of minnesota

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mrs. BACHMANN. Madam Speaker, yesterday the House passed with 
unanimity a resolution recognizing March as Colorectal Cancer Awareness 
Month. I was regrettably detained in Minnesota due to the snowstorm 
which blanketed the Midwest. But had I been here, I would have joined 
my colleagues in supporting the resolution to raise awareness of this 
terrible disease.
  While colorectal cancer is the second leading cause of cancer death 
in the United States, it is not as well known or frequently discussed 
as many other forms of cancer. Whatever the reason for this relative 
obscurity, we must recognize the fact that both men and women are at 
risk for colorectal cancer and that while most cases occur after age 
50, it can strike at any age. Most important of all, however, when 
detected in its earliest, most treatable stages, colorectal cancer has 
a 90 percent survival rate.
  That being said, in 2000, the Prevent Cancer Foundation partnered 
with champions in Congress to designate and commemorate the very first 
National Colorectal Cancer Awareness Month. Consequently, over the past 
8 years, awareness of the disease has grown. Moreover, the American 
Cancer Society now currently funds 113 colon cancer research grants 
nationwide totaling more than $62.1 million.
  Nonetheless, while strides have been made against colorectal cancer, 
statistics show there is more work to be done. In fact, it is estimated 
that this year in Minnesota, 2,500 people will be diagnosed with 
colorectal cancer and 900 will die from the disease. However, screening 
tests can detect precancerous polyps, which, when removed, can stop 
colon cancer before it starts.
  It is important that Congress support the observance of National 
Colorectal Cancer Awareness Month in order to continue the progress 
that has already been made. Through increased awareness and education 
about this disease, a cornerstone of National Colorectal Cancer 
Awareness Month, we can dramatically decrease deaths and limit the 
suffering this disease inflicts on the United States. As Dr. David 
Perdue, of the University of Minnesota's School of Public Health 
stated, ``Bottom line, colorectal screening saves lives.''

                          ____________________




 PRAISING HOUSING PARTNERSHIP TO PROMOTE HOMEOWNERSHIP IN UNDERSERVED 
                          BROOKLYN COMMUNITIES

                                 ______
                                 

                         HON. YVETTE D. CLARKE

                              of new york

                    in the house of representatives

                         Tuesday, April 1, 2008

  Ms. CLARKE. Madam Speaker, I rise today to give praise to the State 
of New York Mortgage Agency (SONYMA) and NeighborWorks America for 
their commitment to form a partnership to promote homeownership in 
underserved neighborhoods in the great state of New York. This 
partnership will increase awareness of SONYMA products in low-income 
and minority neighborhoods, which have been the most effected by 
predatory lending and the sub-prime mortgage crisis.
  Through the Neighborhood Housing Services of New York City, many 
communities including Flatbush, Brooklyn, will receive the much needed 
outreach and access to affordable mortgage products from reliable 
institutions. Today, I enter into the Record an article published by 
the Brooklyn Daily Eagle highlighting the efforts of the partnership in 
the advancement of homeownership in underserved communities.

            [From the Brooklyn Daily Eagle, March 30, 2008]

    Groups Team up to Promote Homeownership in Underserved Brooklyn 
                              Communities

       New York.--The State of New York Mortgage Agency (SONYMA), 
     which offers low cost mortgages to first-time homebuyers, and 
     NeighborWorks' America, a national nonprofit 
     dedicated to promoting homeownership, have formed a 
     partnership to promote homeownership in underserved 
     neighborhoods in the state, including several in Brooklyn.
       Under the one-year $450,000 agreement, NeighborWorks 
     America's Northeast District and six local New York 
     NeighborWorks' organizations will work with SONYMA 
     to increase awareness of SONYMA's products in low-income and 
     minority neighborhoods. In the city, NHS of New York City is 
     one of the NeighborWorks network organizations participating 
     in the program and it covers all five boroughs, including 
     Brooklyn. NHS will be reaching out to help people buy homes 
     with SONYMA mortgages in Brooklyn's target areas--Sunset 
     Park, Williamsburg, Bushwick, Bedford-Stuyvesant, Brownsville 
     and Flatbush.
       ``This unique partnership with NeighborWorks' 
     offers a tremendous opportunity to boost the visibility of 
     SONYMA's programs in communities where they could do the most 
     good,'' said Priscilla Almodovar, SONYMA president and CEO. 
     ``Homeownership, when done responsibly, creates strong 
     neighborhoods and stable families.''
       Said Deborah Boatright, Northeast District director of 
     NeighborWorks, ``Now more than ever, low-income and minority 
     communities need access to affordable mortgage products from 
     a trusted source like SONYMA. It is these very communities 
     that have been the most impacted by predatory lending and the 
     sub-prime mortgage crisis.''

                          ____________________




                      HONORING CASEY LEE FIDDELKE

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Casey Lee 
Fiddelke of Kansas City, Missouri. Casey is a very special young man 
who has exemplified the finest qualities of citizenship and leadership 
by taking an active part in the Boy Scouts of America, Troop 1247, and 
earning the most prestigious award of Eagle Scout.
  Casey has been very active with his troop, participating in many 
Scout activities. Over the many years Casey has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Casey Lee 
Fiddelke for his accomplishments with the Boy Scouts of America and for 
his efforts put forth in achieving the highest distinction of Eagle 
Scout.

[[Page 4712]]



                          ____________________




 CONGRATULATING THE MASSENA RED RAIDERS UPON WINNING THE 2008 NEW YORK 
               STATE DIVISION I BOYS HOCKEY CHAMPIONSHIP

                                 ______
                                 

                          HON. JOHN M. McHUGH

                              of new york

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. McHUGH. Madam Speaker, I rise today to congratulate the Massena 
Red Raiders upon winning the New York State Division I Boys Hockey 
Championship. I am proud to represent Massena and note that this is the 
fifth hockey championship the Red Raiders have won since 1980.
  On March 9, 2008, the Massena Red Raiders won the New York State 
Division I Boys Hockey State Championship when they defeated the West 
Genesee Wildcats by a score of 3 to 2 in triple overtime. Joe Laffin 
gave the Red Raiders the lead at 4:44 into the first period and Massena 
maintained that lead until 3:13 into the third period, when West 
Genesee tied the game. Massena regained the lead with 4:54 left in 
regulation when Nathan Pichette scored a goal, which was assisted by 
Antonio O'Geen and Laffin. However, with 1:07 to play in the third 
period, West Genesee tied the score again and the game went into 
overtime. After nearly three periods of overtime and 22 saves by 
Massena goalie Kyle Anderson, Captain Mike Mailhot scored to give the 
Red Raiders the game and the state championship.
  The Massena Red Raiders finished the season with a 23-4-1 record. In 
addition, Coach Joe Phillips was named the New York State Division I 
Boys Hockey Coach of the Year. The Red Raiders were also coached by 
assistant coach Tim Hayes; Bob Belile, Tim Belile and Louie Trevino 
were team managers and Anthony Viskovich was the statistician.
  Other team members include Clay Allen, Remy Boprey, Allen Bourdon, 
Tim Doud, Pat George, Captain and First Team All State selection Matt 
Hatch, David Henrie, Brian Holcomb, Josh Holmes, Alex Kormanyos, Mike 
Lashomb, William Lint, John-Paul Mailhot, Kevin Morris, Evan Raymo, 
Conor Riley, Matt Supernault, Dan Tyo, Dustin Vice, Matt Viskovich, 
Captain and Honorable Mention All State selection Jacob Witkop, and 
Taylor Zappia. Accordingly, Madam Speaker, I ask my colleagues to join 
with me to recognize the Massena Red Raiders for their significant 
accomplishment.

                          ____________________




                            TAIWAN ELECTIONS

                                 ______
                                 

                              HON. TED POE

                                of texas

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. POE. Madam Speaker, I rise today to congratulate Taiwan for 
having successfully completed its 4th direct presidential election on 
March 22, 2008. Dr. Ma Ying-jeou, a Harvard-educated attorney and 
former mayor of Taipei, won with a convincing margin. I wish President-
elect Ma and the people of Taiwan good luck in the next 4 years, along 
with continuing economic success and meaningful political reforms.
  Since President-elect Ma's victory on March 22, he has made many 
gestures of good will, which include encouraging Beijing to start 
meaningful dialogue between Taiwan and Chinese mainland on the issues 
separating them. It is my sincere hope that both Taipei and Beijing 
will soon resume dialogue on the issues of mutual interest, leading to 
the peace and stability in the Asia-Pacific region. Also, President-
elect Ma has indicated his willingness to strengthen Taiwan's good 
relations with the United States. I hope that he will be able to visit 
Washington before his inauguration on May 20. Even though our two 
countries do not have official ties, our ties are strong and growing. 
The issues between us and Taiwan include our defense commitments to 
Taiwan, trade with Taiwan, our support of Taiwan's participation in 
international affairs, and lifting of outdated restrictions imposed on 
high-ranking officials from Taiwan to visit the United States. As our 
friend, Taiwan wants to see us fully committed to the letter and spirit 
of the Taiwan Relations Act, enacted on April 10, 1979.
  Again, my best wishes to President-elect Ma and the people of Taiwan. 
And that's just the way it is.

                          ____________________




                 175TH ANNIVERSARY OF KALAMAZOO COLLEGE

                                 ______
                                 

                            HON. FRED UPTON

                              of michigan

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. UPTON. Madam Speaker, I rise today in honor of Kalamazoo College 
on the occasion of its 175th anniversary. Established in Kalamazoo, 
Michigan in 1833, Kalamazoo College--affectionately known as K 
College--has distinguished itself as one of the Nation's oldest and 
most respected institutions of higher education devoted to the study of 
the liberal arts.
  In addition to being nationally recognized for its high standards of 
academic excellence, K College has been a pioneer in the field of 
overseas studies, offering global learning opportunities to its 
students for the past 50 years. Over 80 percent of all K College 
students spend a portion of their undergraduate education abroad, 
partnering with over 50 foreign universities on 6 continents.
  As a global champion of lifelong learning, Kalamazoo College also 
produces, per capita, more students who go on to earn a doctorate than 
any other American college or university. K College graduates also rank 
nationally amongst those who are accepted in the Peace Corps, Teach For 
America, and the Fulbright Scholar Program.
  With new challenges emerging at home and around the world, it is 
comforting to know that Kalamazoo College continues to maintain its 
longstanding tradition of producing globally-minded leaders.
  Again, it is my honor to stand today in recognition of Kalamazoo 
College for its 175 year history as well as its 50 years of 
international fellowship. The college and its graduates have not only 
made a positive impact within the greater Kalamazoo community and the 
State of Michigan, but throughout the entire Nation and the world at 
large.

                          ____________________




           TRIBUTE TO FORMER CONGRESSMAN WILLIAM L. DICKINSON

                                 ______
                                 

                           HON. TERRY EVERETT

                               of alabama

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. EVERETT. Madam Speaker, I rise today to honor the memory of 
former Alabama Republican Congressman Bill Dickinson who passed away 
last night at the age of 82 after an extended illness. As many of my 
colleagues will remember, Bill Dickinson represented Alabama's Second 
Congressional District for 28 years. Barbara and I send our heartfelt 
condolences to Bill's wife, Barbara, their children, Christopher, 
Michael, Tara and Bill, Jr. and the entire Dickinson family at this 
time of personal loss.
  A native of Opelika, Alabama, and a former city, county and state 
judge before coming to Congress, Bill Dickinson was a Republican in the 
Deep South when being a Republican was not popular. Bill Dickinson came 
to Washington in 1964 as part of the Goldwater sweep of the Deep South 
and gained a reputation as a formidable legislator and a strong 
conservative voice for southeast Alabama. He served during a time of 
momentous change in this House, from civil rights movements and 
political upheavals of the 1960s, through Vietnam, Watergate, and the 
Reagan Revolution.
  A Navy veteran, Bill Dickinson was a stalwart in national defense and 
was Ronald Reagan's point man on the House Armed Services Committee 
where he was ranking member for over a decade. As the committee's 
leading Republican he gave his support to President Reagan's defense 
build-up of the 1980s which made America more secure. Upon his 
retirement after 14 terms on the Hill, Congressman Dickinson listed his 
greatest accomplishments. After nearly three decades in office you can 
be sure the list is long, but here are some of the things he was 
proudest of. He saw aviation become a permanent full-fledged branch of 
the Army and Fort Rucker become the permanent home of Army Aviation. 
Furthermore, he secured Federal funding to help construct the U.S. Army 
Aviation Museum at Fort Rucker which bears his name. He was credited 
with getting Pentagon approval for the use of the Apache attack 
helicopter in the first gulf war. The Apache fired the first shot in 
the war. He oversaw the transformation of Gunter Air Force Station in 
Montgomery to an Air Force base before merging it with Maxwell to 
strengthen it. He also saw Maxwell restored to a major 3 star command 
and the establishment of the Air Force School of Law and the Senior NCO 
Academy for the entire Air Force at Maxwell-Gunter.
  Bill Dickinson also took pride in securing the initial funding for 
the ongoing Outer Loop Interstate Connector south of Montgomery linking 
I-65 to I-85. This project is still underway. With the collapse of the 
Berlin Wall, the

[[Page 4713]]

Warsaw Pact and the entire Soviet Union, he witnessed the validation of 
the concept of ``Peace Through Strength'' for which he always worked. 
Bill Dickinson's legacy is still felt on many fronts, but today he is 
often credited with having laid the political foundation that kept the 
Second Congressional District in Republican hands for so long. I add my 
voice to those who mourn his passing and remember the dedication of 
this exemplary congressman.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. HOWARD COBLE

                           of north carolina

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. COBLE. Madam Speaker, on rollcall Nos. 147, 148 and 149, I missed 
votes because my flight was delayed.
  Had I been present, I would have voted ``nay'' on 147; ``yea'' on 
148; and ``yea'' on 149.

                          ____________________




                      HONORING JOSHUA DANIEL PIATT

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Joshua Daniel 
Piatt of Lee's Summit, Missouri. Joshua is a very special young man who 
has exemplified the finest qualities of citizenship and leadership by 
taking an active part in the Boy Scouts of America, Troop 1220, and 
earning the most prestigious award of Eagle Scout.
  Joshua has been very active with his troop, participating in many 
Scout activities. Over the many years Joshua has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Joshua 
Daniel Piatt for his accomplishments with the Boy Scouts of America and 
for his efforts put forth in achieving the highest distinction of Eagle 
Scout.

                          ____________________




      HONORING COACHES DON AND BLAZE THOMPSON OF PAHOKEE, FLORIDA

                                 ______
                                 

                         HON. ALCEE L. HASTINGS

                               of florida

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. HASTINGS of Florida. Madam Speaker, I rise today to honor Coaches 
Don and Blaze Thompson, father and son, who are true living legends in 
the city of Pahokee, Florida and throughout Palm Beach County.
  Don Thompson has been a part of the Pahokee Middle/Senior High School 
Blue Devils football team since 1984. As head coach, he led the team to 
its first state championship in 1989. In all the years since, he has 
been a mentor, friend and very important role model for the young men 
of Pahokee. Still an assistant coach of the team, Don Thompson is 
recognized and respected around the state of Florida as an expert at 
the sport of football. He is also a loving husband, father and 
grandfather. As Don Thompson's son, Blaze Thompson has inherited his 
Dad's talent and skill for winning. In his first year as head coach of 
the Blue Devils, the team played the toughest opponents in its division 
and went undefeated, winning its 5th state championship. Blaze has 
already earned the love and respect of his players, fellow coaches, 
Pahokee's citizens and everyone who enjoys high school football.
  Many of the boys Don and Blaze have coached have gone on to 
successful careers in professional football. As the first father and 
son to win Florida state championships with the same football team, it 
is fitting that Don was inducted into the Palm Beach County Sports Hall 
of Fame and Blaze named Coach of the Year on the same night. I have no 
doubt that Blaze will one day follow his Dad into the Hall. I am 
pleased that both of these fine gentlemen and the team they coach call 
the 23rd District of Florida their home. I am very proud of them. On 
behalf of the Members of the U.S. House of Representatives, I applaud 
coaches Thompson and Thompson for their service and commitment to the 
people of my district and throughout South Florida. We are all very 
proud of them.

                          ____________________




      HONORING THE CONTRIBUTIONS OF MARY TAVERNA ON HER RETIREMENT

                                 ______
                                 

                          HON. LYNN C. WOOLSEY

                             of california

                    in the house of representatives

                         Tuesday, April 1, 2008

  Ms. WOOLSEY. Madam Speaker, I rise with great pleasure today to honor 
a leader in my district who has done so much to help the terminally ill 
and their families face end-of-life issues. Mary Taverna is retiring 
after more than 30 years with the organization now known as Hospice By 
the Bay. She leaves behind an enduring legacy of hope and compassion to 
the people of Marin County, the San Francisco Bay area, and across the 
United States.
  When she first began working as a nurse, Mary was concerned about the 
terminally ill and the lack of adequate care, so it was a natural step 
in 1976 for her to join what was then Hospice of Marin, which had been 
founded the previous year. At that time Hospice of Marin was only the 
second hospice in the United States, the first on the West Coast, and 
most Americans were unaware of what the hospice mission was. In fact, 
even the health care industry resisted it.
  Mary was instrumental in changing all that, teaching that hospice was 
a specially designed program to address the comprehensive needs of the 
whole family system at the end of life, and that it was part of--not 
instead of--the health care support team. Two years after coming to 
Hospice of Mann, Mary became president of the organization. Under her 
leadership, Hospice nurtured community relationships as well as they 
did the families they served, including building a partnership with 
management of both county hospitals. Hospice of Marin is such a model 
that health care providers come here for training from all parts of the 
United States.
  ``I feel a great sense of pride in our organization's leadership and 
participation in hospice history,'' Mary once said. ``Twenty-five years 
ago, we never imagined the number of Americans who would be touched by 
our efforts.''
  A recognized expert and leader of the hospice movement, Mary helped 
pioneer the advocacy efforts for legislation that led to the 
introduction in Congress of the Medicare Hospice Benefit in 1982. This 
bill provided public health care insurance coverage for hospice 
services, allowing clients to receive compassionate care and hospices 
to sustain themselves financially. In 1986, the Medicare Hospice 
Benefit became permanent, eventually leading to private insurance 
coverage, as well.
  To further ensure the sustainability of hospice care in Marin County, 
in 1997, Mary helped create--and became the president of--the Hospice 
of Marin Foundation. The foundation's mission is to provide 
philanthropic support to Hospice operations.
  Both the foundation and the hospice programs continued to grow, and 
over the past few years expanded into San Francisco and Sonoma 
counties, as well. Consequently, Hospice of Marin no longer described 
the organization and 2 years ago, the name was changed to Hospice By 
the Bay.
  ``In recent years, we were invited into our neighboring communities 
to share our experience and resources with other hospice communities,'' 
Mary said of the change, adding that it evolved from a desire to be 
more inclusive of the bay area, rather than imply a geographic 
exclusivity.
  And truly, there has not been a geographic exclusivity to the effects 
of Mary's work. The National Hospice Organization in 1995 named her 
``the individual who has done the most for hospice in the national and 
international level.'' Since then, she has been selected to help guide 
that organization as chair of its board of directors.
  Madam Speaker, Mary Taverna's dedication to hospice services, her 
leadership of Hospice By the Bay and her continued work as chair of the 
board of the National Hospice Organization have left an indelible mark 
not only on the Sixth District and the San Francisco Bay area, but on 
areas throughout the United States. And that is why, Madam Speaker, I 
honor Mary Taverna on her retirement after more than 30 years of 
service to a cause forever in her debt.

                          ____________________




IN RECOGNITION OF THE 100TH ANNIVERSARY OF DI LAURO BAKERY OF SYRACUSE, 
                                NEW YORK

                                 ______
                                 

                          HON. JAMES T. WALSH

                              of new york

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. WALSH of New York. Madam Speaker, I rise today to recognize the 
100th anniversary of Di Lauro Bakery in Syracuse, New York.

[[Page 4714]]

  Founded by John Di Lauro in 1908, Di Lauro Bakery has become an 
integral part of the Syracuse community. Although the times have 
changed since the bakery's opening, the recipe and baking procedure 
have not. The same oven installed by Di Lauro in the 1950s is used 
today, and customers go out of their way to buy bread from this fine 
bakery. By delivering consistency and quality, this Syracuse 
institution pleases its loyal customers, while attracting new ones. 
With its great baked goods, Di Lauro Bakery is a place the community 
will be able to enjoy for many more years to come. Di Lauro's has 
become a long-time neighborhood fixture and a community anchor.
  Di Lauro Bakery has always strived to provide the Syracuse community 
with the finest baked goods, and I am proud to recognize them here 
today. I congratulate current owners Paul and Valerie Wavercak, and 
their dedicated staff, both past and present, on reaching this 
milestone. On behalf of the people of the 25th District of New York, I 
thank them for 100 years of service that has been and will continue to 
be such a positive asset to the community.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                          HON. BRUCE L. BRALEY

                                of iowa

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. BRALEY. Madam Speaker, on rollcall 147, H.R. 3352, I was not 
present. If I had been there, I would have voted ``yes.'' On rollcall 
148, H.R. 2675, I was not present. If I had been there, I would have 
voted ``yes.'' On rollcall 149, H. Con. Res. 302, I was not present. If 
I had been there, I would have voted ``yes.''

                          ____________________




            HONORING THE RETIREMENT OF RONALD ``RED'' PLATZ

                                 ______
                                 

                           HON. TAMMY BALDWIN

                              of wisconsin

                    in the house of representatives

                         Tuesday, April 1, 2008

  Ms. BALDWIN. Madam Speaker, I rise today to honor Ronald Platz, or 
``Red'' as he is known best by friends and colleagues. Red retired from 
the UAW International Union on Monday, March 31, 2008 after more than 
30 years of leadership and loyal service to the community. Over the 
course of a tenacious career, Red made a profound and lasting impact on 
Wisconsin state and local politics.
  Red began working in the Engine Division of the Kohler Company in 
1969. He soon transferred to the Enamel Shop 3 years later. In 1977, 
Red was elected to serve as Divisional Steward for UAW Local 833. Red 
served Local 833 for the next 24 years, holding the positions of Chief 
Steward, Vice President, and President. He also served as a full-time 
Benefit and Safety Representative from 1990 until 2001. In total, Red 
was instrumental in negotiating six labor agreements between the Kohler 
Company and Local 833. As a health and safety trainer for the UAW 
International Union, Red led workshops throughout the United States on 
issues such as workplace safety, hazardous chemical handling, and 
harassment.
  Red's unwavering political spirit led him to the Wisconsin State CAP-
PAC Board where he remained active for more than 20 years and served 6 
years as Chairperson. In August 2001, he was appointed to the UAW 
Region 4 International Staff as the CAP-PAC Coordinator for a six-state 
area that included Wisconsin, Minnesota, North Dakota, South Dakota, 
Montana, and Wyoming. Red has served on numerous executive boards 
including the Wisconsin AFL-CIO, Citizen Action of Wisconsin, 
Competitive Wisconsin, Inc., the State of Wisconsin Unemployment 
Compensation Insurance Advisory Council, and the School for Workers 
Labor Faculty Advisory Board. Red will retire to country living in 
Wisconsin to spend time with his wife Mutzie, two children Rick and 
Judy, and 3 grandchildren Shawn, Samantha, and Collin. UAW Local 833 
will honor Red this weekend to commemorate a career marked by 
commitment and dedication. The celebration will feature a friendly 
roast by those who have had the pleasure of knowing and working with 
Red.
  For his hard work, leadership, and service to the State of Wisconsin, 
I join all of UAW Local 833 in saluting and thanking Red Platz. I wish 
Red health and happiness in retirement.

                          ____________________




                     HONORING STANTON WILL RAGLAND

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Stanton Will 
Ragland of Liberty, Missouri. Stanton is a very special young man who 
has exemplified the finest qualities of citizenship and leadership by 
taking an active part in the Boy Scouts of America, Troop 1374, and 
earning the most prestigious award of Eagle Scout.
  Stanton has been very active with his troop, participating in many 
Scout activities. Over the many years Stanton has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Stanton 
Will Ragland for his accomplishments with the Boy Scouts of America and 
for his efforts put forth in achieving the highest distinction of Eagle 
Scout.

                          ____________________




   CONGRATULATING THE JEWISH HERALD-VOICE ON THEIR 100TH ANNIVERSARY

                                 ______
                                 

                            HON. GENE GREEN

                                of texas

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. GENE GREEN of Texas. Madam Speaker, I rise today to congratulate 
the Jewish Herald-Voice on their 100th anniversary on April 20, 2008. 
The Jewish Herald-Voice is the longest continuously running Jewish 
newspaper in the Southwest and one of the oldest in the country. 
Founded in 1908 as The Jewish Herald by local printer Edgar Goldberg, 
the Jewish Herald-Voice has continued through the dedication of 3 
owners. Through its pages, the Jewish Herald-Voice connects the 
community to important causes, large and small, calling its readers to 
action, and especially by connecting its readers to issues affecting 
Jewish communities around the world.
  Over the past several decades, the Jewish Herald-Voice has been 
recognized for excellence in journalism and in design by the Texas 
Press, the Texas Gulf Coast Press, the Houston Press Club, and American 
Jewish Press associations. For its community service, the Jewish 
Herald-Voice and its owners, Joe and Jeanne Samuels, have been honored 
by a plethora of Jewish organizations, both local and international.
  One 100 years ago, Edgar Goldberg envisioned a newspaper that would 
reach everyone in Houston's diverse Jewish community, crossing 
denominations, transcending organizational boundaries and providing a 
platform for every Jewish citizen, regardless of affiliation. For 35 
years, Joe and Jeanne Samuels, with their dedicated and talented 
writers and staff, have successfully continued the founder's dream and 
kept the promise of being ``the voice'' of the Jewish community of 
Greater Houston and the Texas Gulf Coast. Joe and Jeanne Samuels are 
great Americans, personal friends, and serve our community well.
  Madam Speaker, I would like to congratulate the Jewish Herald-Voice 
for their 100-year tradition of service to the Jewish community and the 
city of Houston.

                          ____________________




                        HONORING MARIO CANZONERI

                                 ______
                                 

                           HON. VITO FOSSELLA

                              of new york

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. FOSSELLA. Madam Speaker, I rise today to honor the life and 
accomplishments of Mario Canzoneri, who died on Saturday, January 19, 
2008, following heart surgery. Mario and his wife Karen have been true 
and constant supporters of the community of 9/11 victims and their 
families. They have shared their therapy dogs--the Smile Retrievers--
Jake, Jessie, Mattie, and Macie, with the entire community.
  Immediately after the tragic attacks, Mario brought his therapy dogs 
to New York to help the families of the victims. Selflessly, and always 
at their own expense, Mario and Karen ministered to 9/11 families. They 
also traveled to Oklahoma City, to the TAPS program in Washington, to 
the campus of Virginia Tech, and to many other places where people were 
in pain from brutal losses.
  Mario was extremely active in the community, attending every forum 
sponsored by Voices of September 11th and has accompanied the Pentagon 
families during their remembrance walks. I have heard many stories of 
young children cuddling up to the dogs and finding a way to deal with 
their grief on the anniversary of the attacks.

[[Page 4715]]

  Mario proved that each of us holds the power to change the lives of 
many for the better. Although Mario's own life was cut short, his was a 
life lived to the fullest--a life that impacted others in a way few of 
us ever achieve. With purpose and resolve, Mario Canzoneri used his 
time on God's earth wisely and for the betterment of those around him.
  In closing, Madam Speaker, I would like to extend my personal 
condolences to the Canzoneri family. Mario was a great man with a kind 
heart, and we are all in his debt.

                          ____________________




 IN HONOR OF JOHNSVILLE ELEMENTARY SCHOOL'S RECOGNITION AS A MINNESOTA 
                          SCHOOL OF EXCELLENCE

                                 ______
                                 

                         HON. MICHELE BACHMANN

                              of minnesota

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mrs. BACHMANN. Madam Speaker, I rise today to pay tribute to the 
teachers, parents, and students at Johnsville Elementary School in 
Blaine, Minnesota. Last week, before a crowd of proud neighbors, this 
school community was honored as a 2007-2008 Minnesota School of 
Excellence.
  Minnesotans place a high value on education. It's engrained in our 
state psyche. And, this makes this already great honor still more 
phenomenal. Only 7 schools in the state achieved this level of 
excellence for this school year. And, since the program's inception 
more than 20 years ago, in 1986, only 125 schools have been recognized 
as Minnesota Schools of Excellence.
  This high honor is a testament to the hard work of Johnsville's 
faculty, under the leadership of Principal Patrick Murray. It is also a 
testament to the commitment of the parents of Johnsville Elementary. 
Individually and through an active parent-teacher organization, these 
parents form a foundation of support for these teachers and students. 
Together they form a solid and interlocking network that excels in all 
areas of academics and community involvement.
  The Johnsville Elementary community is a model for schools throughout 
Minnesota and, indeed, throughout the nation. I was proud to join them 
in celebrating this tremendous achievement last week, and I look 
forward to this school reaching still greater heights in years to come.

                          ____________________




                    TRIBUTE TO SPECIALIST JOSE RUBIO

                                 ______
                                 

                           HON. HENRY CUELLAR

                                of texas

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. CUELLAR. Madam Speaker, I rise today to honor Specialist Jose 
Rubio, of 464th Armored Battalion of the United States Army, who was 
killed in the line of duty by an IED roadside bomb in Baghdad.
  Specialist Jose Rubio was born on March 19, 1983, in Reynosa, Mexico. 
He attended school in Mission, Texas, and graduated from South Texas 
College in 2005 with an associate's degree in Computer Science. He 
married his high school sweetheart, Jennifer, in May of 2006, and had a 
son, Nicolai, who is now 11 months old. He is survived by his mother, 
his six siblings in Reynosa, Matamoros, and Rio Bravo. Specialist Jose 
Rubio will be forever remembered for his service in protecting the 
freedoms and ideals of our country and I extend my condolences to his 
family, and to his wife, Jennifer.
  Madam Speaker, I am honored to have had this time to recognize the 
service of Specialist Jose Rubio in the United States Army.

                          ____________________




                    TRIBUTE TO NEWS TALK 970 WKHM-AM

                                 ______
                                 

                          HON. TIMOTHY WALBERG

                              of michigan

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. WALBERG. Madam Speaker, it is my special privilege to recognize 
News Talk 970 WKHM-AM on receiving the 2007 Michigan Association of 
Broadcasters Station of the Year award. It is with great admiration and 
pride that I congratulate WKHM of Jackson on behalf of all of those who 
have benefited from the station's commitment to south-central Michigan 
and dedication to outstanding achievement in broadcasting.
  News Talk 970 WKHM proudly serves Jackson, Michigan, with faithful 
broadcasting of local, regional, and national news. Committed to 
exceptional community service, the station focuses specifically on the 
issues most important to the people of Jackson. Additionally, WKHM 
provides the most comprehensive weather coverage in the area and also 
broadcasts Detroit Red Wings and the University of Michigan Wolverines 
sporting events.
  Each year the Michigan Association of Broadcasters sponsors a 
competition to recognize outstanding achievement in broadcasting by 
Michigan radio and television stations. The contest was established to 
promote the utmost quality of reporting, community service, and 
production creativity. The winners are recipients of the highest 
honor--peer recognition.
  This year's award for Market 3 went to News Talk 970 WKHM-AM for its 
continued excellence in broadcasting. The station was the recipient of 
the same award in 2005. In addition to Station of the Year, WKHM won in 
nine other categories including Investigative News, Special Broadcast 
Personality, and Newscast.
  Madam Speaker, today I honor News Talk 970 WKHM for its continued 
service to the Jackson community. May others know of my high regard for 
this radio station's diligent reporting and enthusiastic service, as 
well as my best wishes for WKHM in the future.

                          ____________________




                     HONORING TREVOR ANDREW GAUERT

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Trevor Andrew 
Gauert of Kansas City, Missouri. Trevor is a very special young man who 
has exemplified the finest qualities of citizenship and leadership by 
taking an active part in the Boy Scouts of America, Troop 1447, and 
earning the most prestigious award of Eagle Scout.
  Trevor has been very active with his troop, participating in many 
Scout activities. Over the many years Trevor has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Trevor 
Andrew Gauert for his accomplishments with the Boy Scouts of America 
and for his efforts put forth in achieving the highest distinction of 
Eagle Scout.

                          ____________________




      IN RECOGNITION OF THE LIFE OF CAPTAIN TORRE REMOINE MALLARD

                                 ______
                                 

                            HON. MIKE ROGERS

                               of alabama

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. ROGERS of Alabama. Madam Speaker, I would like to request the 
House's attention today to recognize the life of a heroic American 
citizen, Capt. Torre Mallard.
  Captain Mallard, a native of Anniston, Alabama, died in Iraq on March 
10, 2008. He is survived by his wife, Bonita and two children, Torre, 
Jr. and Joshua.
  Like all those who have paid the ultimate sacrifice in this conflict, 
words cannot express the sense of sadness we have for his family, and 
the gratitude our country feels for his service. Captain Mallard died 
serving the United States and the entire cause of liberty, on a mission 
to bring stability to a troubled region and liberty to a formerly 
oppressed people. He was a true patriot indeed.
  We will forever hold him closely in our hearts, and remember his 
sacrifice and that of his family as a remembrance of his bravery and 
willingness to serve. Thank you, Madam Speaker, for the House's 
remembrance on this mournful day.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. EARL POMEROY

                            of north dakota

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. POMEROY. Madam Speaker, on March 31, 2008, due to flight delays, 
I missed rollcall votes No. 147, 148, and 149. Had I been present, I 
would have voted in the following manner:

[[Page 4716]]

  Rollcall No. 147, ``yea;'' rollcall No. 148, ``yea;'' rollcall No. 
149, ``yea.''

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. JERRY WELLER

                              of illinois

                    in the house of representatives

                         Tuesday, April 1, 2008

   Mr. WELLER. Madam Speaker, I was absent on Thursday, March 13th, 
Friday, March 14th, and Monday, March 31st due to personal reasons, and 
I missed rollcall votes 139 through 146.
   If I were present I would have voted, ``yea'' on rollcall vote No. 
140, ``nay'' on rollcall vote No. 141, ``yea'' on rollcall vote No. 
142, ``nay'' on rollcall vote No. 143, ``nay'' on rollcall vote No. 
144, ``nay'' on rollcall vote No. 145, ``nay'' on rollcall vote 146, 
``yea'' on rollcall vote No. 147, ``yea'' on rollcall vote No. 148, and 
``yea'' on rollcall vote No. 149.

                          ____________________




                      HONORING STEPHEN LEE DODSON

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Stephen Lee 
Dodson of Kearney, Missouri. Stephen is a very special young man who 
has exemplified the finest qualities of citizenship and leadership by 
taking an active part in the Boy Scouts of America, Troop 1376, and 
earning the most prestigious award of Eagle Scout.
  Stephen has been very active with his troop, participating in many 
Scout activities. Over the many years Stephen has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Stephen Lee 
Dodson for his accomplishments with the Boy Scouts of America and for 
his efforts put forth in achieving the highest distinction of Eagle 
Scout.

                          ____________________




                     PAYING TRIBUTE TO WILLIS AVERY

                                 ______
                                 

                           HON. JON C. PORTER

                               of nevada

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. PORTER. Madam Speaker, I rise today to honor 86 year old Willis 
Avery, a veteran of World War II, for his exemplary service in defense 
of freedom while serving in the United States Navy.
  Willis served in the United States Navy in World War II as a Chief 
Pharmacist's Mate aboard the USS Solace, a hospital ship moored to the 
battleship USS Arizona. Willis was aboard the Arizona during the 
Japanese attack at Pearl Harbor on December 7, 1941. He courageously 
ignored the flames and assisted the wounded and helped transfer them to 
the USS Solace and other ships nearby. The Officer of the Deck ordered 
Willis and his partner off the Arizona. He witnessed the explosions of 
the USS Arizona. The day after the attack, Willis was among the Naval 
personnel who retrieved the bodies of the dead and readied them for 
burial.
  While in the service, he played the saxophone and clarinet in a dance 
band and put on comedy skits along with USO entertainer Joe E. Brown to 
entertain fellow troops. He was an escort to the First Lady, Eleanor 
Roosevelt when she visited New Zealand.
  Today, Willis is one of the few remaining survivors of the attack at 
Pearl Harbor and he is truly part of the ``Greatest Generation.''
  Madam Speaker, I am proud to honor Willis Avery for his heroic 
service in the United States Navy. His dedication to this country in 
the theater of war and his devotion to his fellow troops' morale are 
truly commendable. I laud the sacrifices he has made to protect our 
freedoms and I am pleased to have the opportunity to recognize his 
service.

                          ____________________




HONORING THE 50TH ANNIVERSARY OF THE USS ``NAUTILUS'' REACHING 90 NORTH

                                 ______
                                 

                           HON. JOE COURTNEY

                             of connecticut

                    in the house of representatives

                         Tuesday, April 1, 2008

   Mr. COURTNEY. Madam Speaker, I rise today to introduce a resolution 
to honor an important anniversary not only to my district, but to our 
Navy and our nation.
   In June 1958, the USS Nautilus (SSN 571), the world's first nuclear 
powered submarine, departed Seattle as part of a top secret operation 
called ``Operation Sunshine.'' Unknown to many at the time, the 
Nautilus was embarking on a historic mission that took them on a course 
north to the Arctic Ice cap. At 1:15 p.m. (EDST) on August 3, 1958, the 
boat became the first vessel to cross the geographic north pole when 
Commander William Anderson, Nautilus' commanding officer, announced to 
his crew: ``For the world, our country, and the Navy--the North Pole.''
   This historic crossing of ``90 North'' took place at a critical time 
in our nation's history: the Cold War was heating up, the Soviet Union 
had seemingly laid claim to space with the launch of Sputnik, and many 
Americans--and many around the world--were looking for something to 
rally around, a sign that we were not ceding big ideas and notable 
achievements to others. Having reached the North Pole, the Nautilus 
clearly demonstrated our undersea superiority and opened the region to 
decades of scientific research and exploration.
   The crossing of the North Pole was praised by numerous world leaders 
of the time, being described by President Eisenhower as a ``magnificent 
achievement'' from which ``the entire free world would benefit.'' A 
ticker tape parade was held in honor of the crew in New York City, the 
Nautilus became the first naval vessel in peacetime to receive the 
Presidential Unit Citation for its meritorious efforts in crossing the 
North Pole and Commander William R. Anderson was awarded the Legion of 
Merit.
  In the fifty years since, the United States Navy and Coast Guard have 
repeatedly followed in the footsteps of this historic voyage. Dozens of 
U.S. submarines, in addition to specially fitted vessels and general 
aircraft of the United States Coast Guard, have journeyed to the top of 
the world in service of their country and to reinforce our Arctic 
presence. These submarines and their intrepid crews have broken through 
to the surface, charted new courses and expanded our knowledge of the 
Arctic.
   Built and launched at Electric Boat in Groton, Connecticut, on 
January 21, 1954, the Nautilus was the first vessel in the world to be 
powered by nuclear power. After claiming their historic milestone at 90 
North and returning home to Naval Submarine Base New London, the 
Nautilus continued to establish a series of naval records in her 
distinguished 25 year career, including being the first submarine to 
journey ``20,000 leagues under the sea''.
  The history and the legacy of the Nautilus is not only meaningful to 
my Congressional district, but to the entire submarine force and our 
nation. Today. the Nautilus proudly serves as a museum where visitors 
from around the world come to learn about both her history-making 
service to our nation and the role of the submarine force in securing 
our nation. The Nautilus truly helped set the tone as the standard 
bearer for the submarine force, and achievements like the crossing of 
90 North both proved the capabilities of our nation at a critical time 
in our history and raised the bar for all those who came after her.
   Too often the critical achievements of our submarine force, our 
``Silent Service,'' go unnoticed. I am proud to introduce this 
resolution today to honor the Nautilus, her crew and the countless 
individuals who provided support for her journey across 90 North, and 
urge my colleagues to join me in recognizing this important milestone 
in our Nation's history.

                          ____________________




TRIBUTE TO CATHERINE OLSSON, SEUNGSOO KIM, MARGUERITE TAIMI AND NEWPORT 
                              HIGH SCHOOL

                                 ______
                                 

                         HON. DAVID G. REICHERT

                             of washington

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. REICHERT. Madam Speaker, I rise to recognize the achievements and 
congratulate Catherine Olsson, Seungsoo Kim, Marguerite Taimi, and 
Newport High School in Bellevue, Washington, for their outstanding 
excellence in Advanced Placement, AP, math and science as awarded by 
the Siemens Foundation.
  Catherine, who attends Lakeside School in Seattle, Washington, and 
Seungsoo, a student who attends Mountain View High School in Vancouver, 
Washington, were two students from my home State who received a $2,000 
scholarship from the Siemens Foundation and the recognition that comes 
along with such a prestigious award. Ms. Taimi, an 18-year teaching 
veteran at Kentridge High School in Kent, Washington--located within my 
congressional district--was recognized by the foundation for her 
dedication to students in her AP

[[Page 4717]]

calculus class. Additionally in my district, the entire AP math and 
science department at Newport High School was recognized for their 
significant strides and continued excellence in AP courses.
  The Siemens Foundation, in partnership with the College Board, a non-
profit association committed to connecting students with overall 
college success, is celebrating its tenth year of presenting awards and 
significant scholarships to students, teachers, and institutions in all 
50 States. This year alone, Siemens and the College Board awarded 97 
students, dozens of teachers, and many high schools monetary gifts, 
bringing their total commitment since 1998 to more than $4.5 million.
  One of my constituents, Microsoft Chairman Bill Gates, appeared 
before the Committee on Science and Technology on March 12, 2008, and 
spoke at length of the need for improved math and science education in 
order to maintain our leadership in technological innovation.
  With that message in mind, please join me in congratulating 
Catherine, Seungsoo, Ms. Taimi, Newport High School, and all the other 
students, teachers, and high schools who strive for excellence in AP 
math and science. Moreover, I want to thank the Siemens Foundation and 
the College Board for their extraordinary commitment to encouraging 
America's future mathematicians, scientists, and engineers.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                         Tuesday, April 1, 2008

  Mr. UDALL of Colorado. Madam Speaker, on Monday, March 31, I was 
unavoidably absent and so was unable to join in three recorded votes.
  If I had been present, I would have voted as follows:
  On H.R. 3352--To reauthorize and amend the Hydrographic Services 
Improvement Act, and for other purposes--I would have voted ``yea.''
  On H.R. 2675--To provide for the conveyance of approximately 140 
acres of land in the Ouachita National Forest in Oklahoma to the Indian 
Nations Council, Inc., of the Boy Scouts of America, and for other 
purposes--I would have voted ``yea.''
  On H. Con. Res. 302--Recognizing the Month of March as Colorectal 
Cancer Awareness Month--I would have voted ``yea.''

                          ____________________




         HONORING THE ACHIEVEMENTS AND BIRTHDAY OF CESAR CHAVEZ

                                 ______
                                 

                            HON. GWEN MOORE

                              of wisconsin

                    in the house of representatives

                         Tuesday, April 1, 2008

  Ms. MOORE of Wisconsin. Madam Speaker, Today, we gather to pay 
tribute to a remarkable man, and one of the most revered workers rights 
pioneers, Cesar Estrada Chavez. Cesar Chavez became one of our Nation's 
and the world's notable advocates for nonviolent social change.
  Born on a small Arizona farm on March 31, 1927, Cesar Chavez began 
his life as a farm worker in the fields at age 10. He later served in 
the United States Navy during World War II.
  Cesar Chavez didn't just learn about the struggle of migrant workers. 
He and his family lived it. He grew up moving from town to town and 
from school to school while his family worked in the fields.
  He became a farm worker as soon as he finished the eighth grade. Born 
out of his sweat and toil was a fierce determination to give a voice to 
families like his who labored so hard and received so little in return.
  Cesar Chavez became that voice of the farm workers. He established 
the United Farmworkers Union to establish this movement. The priorities 
he fought for are America's priorities: Better pay and benefits for 
workers. Better education for children. Health and safety protections 
for workers where there were none. He helped in expanding civil rights 
for minorities and advocated on behalf of every person living within 
the United States.
  He was committed to the idea that no matter their education or their 
job, anyone can demand fair treatment at work. Before Cesar Chavez, 
farmworkers were exposed to horrifying conditions, working long hours 
and being poisoned by pesticides. Chavez drew national attention to the 
plight of the farmworkers. Because of Chavez, farmworkers can no longer 
legally be treated in the inhumane manner they were before.
  Cesar E. Chavez was loved and respected by many, and he continued to 
fight for the rights of farm workers until his death in 1993. Chavez 
lived his life fighting for workers' rights, civil rights, 
environmental justice, equality for all, peace, non-violence, children 
and women's rights. Over 50,000 mourners came to pay their respects to 
the humble man, whose simple, modest manner was driven by his 
commitment to social justice.
  In 1994, Cesar Chavez was posthumously awarded the nation's highest 
civilian honor, the Presidential Medal of Freedom. Robert F. Kennedy 
once described Cesar Chavez as ``One of the heroic figures of our 
time''. He encouraged millions of people across the country to join the 
fight for social and economic justice for farm workers and to empower 
the poor and disenfranchised.
  It is important that we do our part to make America a place where 
everyone receives respect and opportunity. We must ensure Cesar Chavez' 
dream by promising every man, woman, and child in America a secure 
future with promising opportunities. We must work hard to raise the 
minimum wage, ensure that all Americans can earn a decent living and 
secure access to affordable health care. Selfless Service to others is 
why Cesar Chavez will always be an inspiration to all of us. Let's 
continue Cesar Chavez's legacy, by truly honoring his memory and 
continuing his commitment to achieving basic rights and dignity for all 
American workers.