[Congressional Record (Bound Edition), Volume 154 (2008), Part 9]
[Issue]
[Pages 11803-11903]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 11803]]
VOLUME 154--PART 9
SENATE--Monday, June 9, 2008
The Senate met at 3:15 p.m. and was called to order by the Honorable
Benjamin L. Cardin, a Senator from the State of Maryland.
______
prayer
The Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
Eternal God, whose steadfast love never ceases, your mercies are new
every morning, and we wait quietly for Your salvation.
Give our Senators, this day, a godly excellence that seeks to serve
with humility. Help them to be willing to go the extra mile and to be
inconvenienced for the sake of others. May they seek ways to serve
instead of waiting to be served, as they follow Your example of humble
service. Let Your unconditional, unalterable, and unending love lead
them to respect, honor, and unity. You are a great God to meet our
needs. We pray in Your strong Name. Amen.
____________________
PLEDGE OF ALLEGIANCE
The Honorable Benjamin L. Cardin led the Pledge of Allegiance, as
follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE
The PRESIDING OFFICER. The clerk will please read a communication to
the Senate from the President pro tempore (Mr. Byrd).
The legislative clerk read the following letter:
U.S. Senate,
President pro tempore,
Washington, DC, June 9, 2008
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
Benjamin L. Cardin, a Senator from the State of Maryland, to
perform the duties of the Chair.
Robert C. Byrd,
President pro tempore.
Mr. CARDIN thereupon assumed the chair as Acting President pro
tempore.
____________________
RECOGNITION OF THE ASSISTANT MAJORITY LEADER
The ACTING PRESIDENT pro tempore. The assistant majority leader is
recognized.
____________________
SCHEDULE
Mr. DURBIN. Mr. President, following my remarks and the remarks of
Senator McConnell, if he chooses to make any, the Senate will resume
consideration of the motion to proceed to S. 3044, the Consumer-First
Energy Act. As previously announced, there will be no rollcall votes
today. Senators should be prepared to vote on the motion to invoke
cloture on the motion to proceed to S. 3044 tomorrow prior to the
caucus luncheons.
____________________
MEASURES PLACED ON CALENDAR--S. 3098 and S. 3101
Mr. DURBIN. Mr. President, I understand there are two bills at the
desk due for a second reading.
The ACTING PRESIDENT pro tempore. The clerk will state the bills by
title for the second time.
The legislative clerk read as follows:
A bill (S. 3098) to amend the Internal Revenue Code of 1986
to extend certain expiring provisions, and for other
purposes.
A bill (S. 3101) to amend Title XVIII and XIX of the Social
Security Act to extend expiring provisions under the Medicare
program, to improve beneficiary access to preventive and
mental health services, to enhance low-income benefit
programs, and to maintain access to care in rural areas,
including pharmacy access, and for other purposes.
Mr. DURBIN. Mr. President, I object to any further proceedings with
respect to these bills en bloc.
The ACTING PRESIDENT pro tempore. Objection is heard. The bills will
be placed on the calendar.
____________________
LAST FRIDAY
Mr. DURBIN. Mr. President, last Friday, five startling things
happened to our economy.
The futures price for a barrel of crude oil rose above $139, an
alltime record. It increased over $10 in 1 day, and the increase in
price on Thursday and Friday was the largest 2-day increase in the 130-
year history of the New York Mercantile Exchange.
That morning, a Morgan Stanley analyst had released a report
predicting that the price of a barrel of oil could reach $150 by the
Fourth of July.
Also that morning, the worst job report and worst unemployment report
in 12 years was released. The national unemployment rate has now
reached 5.5 percent.
By the end of the day, in reaction to this news, the Dow Jones
Industrial Average was down 394 points.
The average price for a gallon of gasoline at the pump on Friday,
nationally, hovered around the alltime record of $3.99 a gallon.
Are these five events related? Of course they are. There are many
other economic events that took place last week that were also very
important and related.
Here is the more difficult question: Did any of these events cause
others to occur?
Most importantly, what led to that record increase in the price of
oil, which will no doubt lead to crushing increases in the price of
gasoline in the days to come?
The honest truth is nobody knows. Not the Commodity Futures Trading
Commission, the regulator that is supposed to be monitoring the futures
market. The CFTC Commissioners recently argued before the
Appropriations Subcommittee that I chair that all the increase in the
price of oil can be explained solely by the fundamentals of supply and
demand.
Was there an explosion on Friday in an oilfield that disrupted a huge
portion of the world's oil supply that we all missed? No. I don't see
how a $10 increase in 1 day can be explained solely by increases in
demand relative to supply.
Not the Energy Information Administration, the official U.S.
Government source for energy statistics. The EIA doesn't receive
detailed information on who's trading what and why.
Was there a massive runup in gas on Friday by nervous motorists all
across
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America? Since the EIA doesn't collect demand information from the gas
pumps, I don't see how they could judge whether supply and demand
explains the current futures prices.
Not the Federal Energy Regulatory Commission, the regulator
responsible for the transmission of energy between States. FERC focuses
mostly on the physical delivery side of the energy markets and doesn't
analyze the futures markets.
Not the Federal Trade Commission, the regulator responsible for
looking out for the interests of consumers and assaulting monopolies.
The FTC can investigate the effects of consolidation in the oil
industry and can help prevent price gouging at the pump, but they don't
look at the nuances of futures market trading.
And I admit not this Senator either. I don't pretend to have all the
answers as to why gas prices keep rising, but I certainly see a problem
that needs to be addressed; it is a problem I see in Illinois and all
across this country.
This issue is much too important to the American people to allow this
to continue. Enough is enough. It is time for Washington and leaders
across America to respond. We need to get to the bottom of this. There
are far too many questions to which no one seems to have definitive
answers--questions such as:
Are speculators driving up the price of oil far beyond what can be
justified by supply and demand?
Are investors simply fleeing the stock markets because of the slowing
economy and flooding the futures market with excess cash?
Are new investment vehicles, such as commodity index funds, driving
up futures prices?
Are investment bank analysts issuing reports predicting huge
increases in oil prices, in part, because those same banks will profit
from that event?
Are large institutional investors taking huge positions in over-the-
counter trades that are pushing market prices higher?
Are regulatory differences between the CFTC, which oversees American
trading, and the Financial Services Authority, which oversees British
trading, allowing traders to hide manipulative crude oil positions from
the CFTC?
Are the big integrated oil companies using the rising price of oil
futures to justify even larger increases in the price of gas at the
pump?
If we had the answers to these and many other questions, we would
have a better understanding of what is happening. We would better
understand the policy steps to take next, and we would understand how
to ensure that a crisis such as this doesn't continue or occur in the
future.
It is time to give the CFTC the resources it needs to collect and
analyze all the relevant data, so it can understand what is causing
these huge price spikes.
It is time to give the CFTC--the regulatory agency involved--more
workers, analysts, more cops on the beat to investigate every last
detail of what is happening.
Look at this chart. By 2009, the CFTC will be asked to oversee around
980 million futures transactions of ever-increasing complexity. From
the year 2000, where there were 145 million of these transactions, we
now project that by the end of next year, that number will be 980. That
is about six to seven times the number of transactions that occurred
just a few years ago.
So at this Commission that regulates that industry and makes sure
people aren't misusing it, how many cops on the beat have we had? In
2000, we had 546. Today, under the President's budget, it is 475. The
number of transactions this agency is following to make sure they are
not deceiving the public and that there is pure transparency increased
by sevenfold, and the number of inspectors has gone down in that same
period of time.
In Friday's Washington Post, the Chairman of CFTC, Walter Lukken,
said:
We can hire an extra 100 people and put them to work
tomorrow given the inflow of trading volume. We are doing the
best we can in difficult circumstances. . . . This is
something that we are obviously concerned with--the potential
for manipulation.
It is time to pay attention to Chairman Lukken's comments. More
important, it is time to ensure that extra resources are applied.
It is time to require the Commodity Futures Trading Commission to
receive data on all trades of all sizes by all participants in the oil
futures market that impact deliveries in the United States.
The CFTC then should be required to analyze that entire bed of data
and report to Congress on the fundamental reasons behind the oil-price
spike.
The American economy is clearly struggling. The cost of a tank of
gasoline is an onerous burden to families, businesses, truckers, and
farmers. Yet that price continues to rise. Enough is enough. It is time
for us to give the resources to this agency so they will have the cops
on the beat to make sure they are honest, open transactions, which we
can monitor to make certain wild speculation doesn't drive our economy
down even further. We have the power within Congress to do it. If the
President will not take the leadership on this issue, leadership must
begin right here on the floor of the Senate.
As chairman of the subcommittee for the Commodity Futures Trading
Commissions appropriation, I can assure you the resources that are
needed for this agency will be the highest priority as we determine the
appropriations bill that will be debated in the weeks to come.
It is time to figure out what is driving oil prices through the roof
and bring them under control so our economy can continue to grow.
I yield the floor.
____________________
RESERVATION OF LEADER TIME
The ACTING PRESIDENT pro tempore. Under the previous order,
leadership time is reserved.
____________________
CONSUMER-FIRST ENERGY ACT OF 2008--MOTION TO PROCEED
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will resume consideration of the motion to proceed to S. 3044,
which the clerk will report.
The legislative clerk read as follows:
Motion to proceed to S. 3044, to provide energy price
relief and hold oil companies and other entities accountable
for their actions with regard to high energy prices, and for
other purposes.
The ACTING PRESIDENT pro tempore. The Senator from Pennsylvania is
recognized.
Filling the Tree
Mr. SPECTER. Mr. President, I have sought recognition to comment
about a practice that is being employed on a widespread basis, which I
believe undercuts the fundamental institutional integrity of the
Senate. I am referring now to a procedure known as filling the tree.
That is an expression used inside the beltway--inside the Senate
Chamber--for action taken by the majority leader to establish a
procedural situation where no Senator can offer any other amendment.
The long tradition of the Senate has been it is an institution that
encourages, harbors, fosters open debate, the presentation of issues,
the discussion of matters, to bring not only in this limited Chamber,
or beyond on C-SPAN2, if anybody is watching, but to the entire
country.
That is what distinguished the Senate from the House of
Representatives, for example. In the House, they have what is called a
rule, and Members may offer amendments only in a very limited,
circumscribed way and then in a limited period of time. But under
Senate rules, any Senator may offer virtually any amendment virtually
at almost any time on any subject and speak in an unlimited way, as
long as he retains the floor.
Last week, the Senate took up legislation of great importance on
global warming. There are many complex issues involved in that subject.
We started off with legislation which had been offered by Senator
Lieberman and Senator Warner that had been modified by Senator Boxer,
the chairperson of the Environment and Public Works Committee, and
there were many other
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proposals in the wings waiting to be considered. One of those proposals
was legislation prepared by Senator Bingaman and myself, the Bingaman-
Specter bill.
In the consideration of global warming, there were many complex
matters. I don't intend to go through all of them now, but illustrative
of that is the issue of technology. Is the technology adequate to
accommodate the goals and standards of Lieberman-Warner? What would be
the economic impact on the provisions of global warming in terms of
encouraging foreign countries to ship to the United States on
exclusions where they might not have the same limitations?
For example, in the steel industry. On that particular subject, I
testified before the Finance Committee last February 14 about the need
for the United States to be a leader on global warming, but at the same
time not to sacrifice our industry to foreign goods, and noted that the
Chinese wanted a 30-year exemption. If they had gotten that, there
would not be any steel industry. But there were many issues.
I came to the Senate floor a week ago today to speak on the subject
on June 2. And then I returned to speak again on June 3. Then, by
Wednesday, June 4, I found out that we were on our way to having the
tree filled. Actually, I spoke on June 2, 3, and June 5 and found when
there was no opportunity to offer amendments, I filed four amendments.
I bring up that matter because then there was a cloture motion on
Friday. A cloture motion requires 60 votes. If we are going to do it on
a Friday, it is extremely difficult to find enough Senators to have an
adequate showing as to what it means.
In any event, the cloture motion vote was held, and the cloture
motion fell far short. The majority leader took the bill down, and now
we are no longer considering the question of global warming. That is a
matter which, in my judgment, warrants very considerable time by the
Senate. I don't know whether it is 2 weeks or 3 weeks or how many weeks
it is, but I know it is a lot more than 4 days. And now it is gone.
Regrettably, it is not just global warming which is involved. Not
long ago, we have had the issue of the so-called Ledbetter Fair Pay
Act, S. 1843, legislation which would change the statute of limitations
on enforcing employment rights for equal pay. This bill was introduced
because the Supreme Court of the United States, in a 5-to-4 decision,
enforced a 6-month statute of limitations on a woman who wanted to
claim her Federal rights to equal pay.
It seemed to me the decision of the Supreme Court of the United
States was wrong. The plaintiff was being foreclosed an opportunity to
go to court to get equal pay when she didn't even know she had the
cause of action or the right to do that.
This issue then was the subject of a cloture motion. The motion to
proceed failed on cloture 56 to 42. The bill was given no process.
There was no committee referral, no debate, no opportunity for
amendments, just talking points for Democrats, an illustration where
cloture was filed.
The tradition of the Senate has always been to have legislation
offered, to have it debated. If there is objection, people oppose it.
If people are very determined not to allow it to come to a vote without
a supermajority--that is, getting 60 votes for cloture--then they
filibuster. But in the course of that process, there is an awakening of
the American people about what is going on.
A good illustration would be the historic civil rights debates which
went on in this Chamber for very protracted periods of time. But the
American people hardly have any idea about what is involved in equal
pay for women when the matter is called to the Senate floor and in a
virtual nanosecond is dispensed with.
Had the Ledbetter Fair Pay Act received extensive debate, had there
been opposition, had there been discussion, had there been some idea by
the American people about what was going on, there could have been some
public opinion registered on that as a very important matter.
The great difficulty is this is not a machination of the current
majority leader. This is a practice which has been building up for a
considerable period of time and, as with the case of so many matters,
it is a matter of equal blame on both sides of the aisle, both
Republicans and Democrats.
In a survey by CRS, going back to 1985, it was used infrequently.
Senator Dole used it five times in 1985 and 1986; Senator Byrd, three
times in 1987 and 1988. Senator Mitchell did not use it at all in 1989
and 1990. Then in 1991 and 1992, Senator Mitchell used it one time.
Then in 1993 and 1994, Senator Mitchell used it nine times. In 1995 and
1996, Senator Dole and Senator Lott used it five times. In 1997 and
1998, Senator Lott used it three times. In 1999 and 2000, Senator Lott
used it nine times. Senator Daschle then used it once in the next 2
years. The following 2 years, 2003 and 2004, Senator Frist used it
three times. Then in 2005 and 2006, Senator Frist used it nine times.
And in the 110th Congress, so far, Senator Reid has used it 12 times.
Every time that it is used, it totally undercuts the ability of the
Senate to function in its traditional way.
Senator Reid had this to say about this practice when he was not the
majority leader but when he was the leader of the minority, the leader
of the Democrats back on February 28, 2006. He was speaking in defense
of a fellow Democrat's ability to offer amendments to the PATRIOT Act
reauthorization. Senator Reid of Nevada said this:
Of course, even a good bill can be improved. That is why we
have an amendment process in the Senate. I am disappointed
that he has been denied that opportunity by a procedural
maneuver known as ``filling the amendment tree.''
Senator Reid goes on:
This is a very bad practice. It runs against the basic
nature of the Senate. The hallmark of the Senate is free
speech and open debate. Rule XXII establishes a process for
cutting off debate and amendments, but rule XXII should
rarely be invoked before any amendments have been offered . .
. I will vote against cloture to register my objection to
this flawed process.
Senator Reid made similar comments a short time later on March 2,
2006, saying:
Don't fill the tree . . . That is a bad way, in my opinion,
to run this Senate.
Senator Durbin, speaking on May 11, 2006, on the 2005 tax
reconciliation conference report said:
The Republican majority brings a bill to the Senate, fills
the tree so no amendments can be offered, and then files
cloture which stops debate. So we cannot have this
conversation. We cannot offer other amendments.
I cite Senator Reid and Senator Durbin with particularity because
they are the two leaders of the Democrats at the present time.
An eloquent statement on this subject was made by Senator Dodd on May
11, 2006. Senator Dodd had this to say when he was speaking about
health care legislation:
I want to point out to our colleagues why I am terribly
disappointed with the procedures we have been confronted with
this evening dealing with this legislation . . . This is the
Senate. This Chamber historically is the place where debate
occurs. To have a process here this evening . . . to
basically lock out any amendments that might be offered to
this proposal runs contrary to the very essence of this body
. . . if you believe the Senate ought to be heard on a
variety of issues relating to the subject matter--when the
amendment tree has been entirely filled, then obviously we
are dealing with a process that ought not to be . . . the
Senate ought to be a place where we can offer amendments,
have healthy debate over a reasonable time, and then come to
closure on the subject matter.
I could go on at considerable length with other Senators making the
same point. But here we have issues of gigantic importance which are
not being considered. They are not being debated. They are not being
explained. They are not being subject to questioning on the Senate
floor, one Senator on another.
The educational process of telling America what the alternatives and
prospects are for legislative change is not being explored. Not
surprisingly, it is bipartisan. About the only thing that is bipartisan
around this place is various mechanisms to gain political advantage.
We have had furious debates over the issue of confirmation of judges,
a subject on which I have spoken repeatedly
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and have noted that in the past 20 years, every time the Senate is
controlled by a party opposite the President, there is a slowdown of
the confirmation process. It happened during the last 2 years of
President Reagan's administration in 1987 and 1988 when Democrats won
control of the Senate in the 1986 election. It happened in the last 2
years of the administration of President George H.W. Bush, and during
the administration of President Clinton where we Republicans controlled
the Senate for the last 6 years, it was exacerbated. It was even worse
in blocking President Clinton's nominations.
As I have said on this floor on occasion, I voted with the Democrats.
I thought the Republican caucus was wrong and said so. But each time it
has been exacerbated and become more intense.
Then this body saw a very sharp debate in 2005 where there was the
consideration of the so-called nuclear or constitutional option, which
would have changed the filibuster rule from 60 to 51. Now we are,
again, in a period of gridlock. There is no doubt that the very low
public opinion ratings of us are due to the public realization, the
public disgust about all the bickering that goes on here. The public
sees it on many items, the partisanship and the effort at a partisan
advantage. But I do believe the public does not have an understanding
of these arcane rules, like filling the tree. They can hardly have an
understanding since most Members of this body don't understand exactly
how it works.
Mr. President, this is not a matter that comes to me this afternoon
or yesterday or the day before. I have been watching it for a
considerable period of time, and 18 months ago, on February 15, 2007, I
introduced S. Res. 83, a resolution to amend the Standing Rules of the
Senate to prohibit filling the amendment tree. So far there has not
been a hearing and not been any action on that, but I intend to press
this issue. I intend to try to bring some understanding to the American
people beyond the confines of this Chamber.
I don't think I am going to have a whole lot of effect on my
colleagues this afternoon because there are none of my colleagues here
this afternoon, except for the--no, no, I know the distinguished
Senator from Maryland is here--except for the distinguished Presiding
Officer. And I compliment my colleague, Senator Ben Cardin, on his fast
start in the Senate. Of course, he had a lot of advanced training
having come from the House of Representatives and been a leader in the
Maryland Legislature. I work with him on the Judiciary Committee, and
he is a first-class Senator. That extract can be used--let's see, you
ran in 2006--you can use it in 2012, 2018, 2024, and 2030, Senator
Cardin, but beyond 2030, I am reserving my judgment.
But Senators are busy, and I am not in any way critical of Senators
not being here, but I intend to speak on the subject repetitively. I
don't know that will do any good, but I intend to do that.
For years, Senator Proxmire used to stand at his seat on the aisle
speaking about genocide. Every day he came to the Senate floor, and he
was motivated because there was no television at the time he was
speaking about genocide. I think television came while he was still
speaking on the subject. Senator Proxmire was a remarkable Senator in
many ways. My recollection is that he had 17,000 votes, which he didn't
miss. I am not sure about the exact statistic, but I am sure he spoke
extensively on genocide, and he had an impact. And now we know that
genocide has been picked up as a crime against humanity and has been
the subject of prosecutions under the War Crimes Tribunal.
So I intend to speak about this subject with some frequency, and I
intend to press for a hearing on my resolution. I intend to press to
see if we can get some action because if the American people knew what
was going on, the American people would not like it. The American
people live under the illusion that we have a United States Senate. The
facts show that the Senate is realistically dysfunctional. It is on
life support, perhaps even moribund. The only facet of Senate
bipartisanship is the conspiracy of successive Republican and
Democratic leaders to employ this procedural device known as filling
the tree. It is known that way to insiders, and it is incomprehensible
to outsiders.
Once known as a unique legislative institution, the Senate was
referred to as the world's greatest deliberative body because any
Senator could introduce almost any amendment on virtually any subject
and get a vote on it. That was, as noted, the distinguishing feature
from the House of Representatives, which is tightly controlled by the
Rules Committee to restrict the parameters on what amendments are in
order.
A principal reason, perhaps the main reason for the use of the
procedural device of filling the tree, was to save the majority from
taking tough votes. That backfired on Republicans in the last Congress,
where the filling the tree rule was used in order to avoid bad votes.
And, of course, we know the procedure backfired pretty hard for
Republicans to lose control of the Senate. In the 2006 election we had
to lose seven seats, a virtual impossibility, but we managed to do it.
But more important than the partisanship, more important than the
increased use by both Democratic and Republican majority leaders is the
impact it has on this institution. And more important than that is the
impact it has on the legislative process and the working through
legislation, which ought to be considered and, where warranted, enacted
for the benefit of the American people.
Mr. President, in the absence of any Senator seeking recognition, I
suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. SESSIONS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. SESSIONS. Mr. President, the American people are very frustrated
with the failure of Congress to act on the great problems facing our
country, a lot of problems, but I believe they are especially concerned
about surging gasoline and energy prices. They are angry. They do not
believe we have done enough in this Congress, and I think when they
find out the leadership of this Congress, the Democratic leadership, is
proposing legislation that will raise, not lower gas prices, they will
not be happy.
Indeed, I received a note today from my staff that an experienced
reporter at the Birmingham News, Mr. Tom Gordon, today wrote that my
home county in Alabama, Wilcox County, again leads the Nation in the
percentage of income that its citizens spend monthly on motor fuel, 16
percent, because the county has low incomes and people drive long
distances to work.
It is a big deal. It is absolutely a real matter of importance. I
think we need to do something about it. They want us to reduce our
dependence on foreign oil, to produce more clean American energy, to
show we are taking steps to contain and I think maybe even hopefully
reduce the surging prices.
These prices are threatening the family budget. They are threatening
American jobs and the American economy. Turn on any news program and
read any news magazine. We are on track to spend $500 billion abroad
this year to purchase 60 percent of the oil we consume; 60 percent-plus
is being imported. This balance-of-trade deficit weakens our dollar,
requiring even more dollars to purchase the same amount of oil. With
the dollar getting weaker, you need more dollars to buy the same amount
of oil. We are creating jobs and wealth in nations around the world
with our money when this missing wealth in our country that we send
abroad reduces our own jobs.
Families are routinely paying $50, $75, $100 more a month for the
same or even less gasoline than they were a few years ago. When this
added expense reduces the ability of hard-working middle-class
Americans to purchase what they need to get by on, or to take care of
their families, and when this reduction in spending on oil reduces
spending on things other than oil that the
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American people need, is it any wonder the economy is struggling, I
ask? Is it any wonder millions of American are struggling to get by? Is
it any wonder Americans from the suites in New York to the rural roads
of Alabama are worried?
What is it our constituents are asking us to do? I think they want us
to get busy doing what we know works. What works does not mean this
$6.7 trillion cap-and-trade plan that has been introduced here that
will burden the American economy by driving up the cost of gasoline by
another 50 cents in the next number of years, 20 years; driving up the
cost of electricity by 44 percent; driving up the price of gasoline
three times that 50 cents in the years to come in the distant future;
and drive business away from America.
It will make our manufacturing industry less competitive than the
global marketplace at a time when we are already struggling to compete
and stay up. As I have noted, it will drive up unemployment, and we
unfortunately saw a very large surge in unemployment last week, to 5.5
percent.
First, it is not a horrible rate of unemployment, but a horrible
increase in unemployment of five-tenths of 1 percent. As one economist
said, I would not have been surprised to see 6 percent unemployment
over the next 12 months. I did not expect to see half of that occur in
1 month.
People know we have a problem and they understand it. I guess the
question is, is there anything we can do about it or are we hopeless?
Is there something we can do to bring down the price of oil and make
more sense in our economy to confront the danger that high energy
prices, gasoline prices pose to America's well being?
Yes, there is. There is. Fundamentally we need to do what works, and
we know a lot of things work. It is past time to get started in taking
the long road back to a sound energy policy that can and will bring
down or at least contain the price of crude oil and gasoline.
I propose that we work together on common ground, liberals,
conservatives, Republicans, and Democrats. It is within our grasp and
the people are ready for our leadership. We have an opportunity to
address our Nation's crisis. The challenge is truly bipartisan in every
way. After all, high energy prices affect Democrats, Republicans, and
Independents all in the same way. While conservation and increasing the
production of American oil and gas in an environmentally sound way can
help contain the surge in prices, we need to do that. We must seek
common ground further to develop and deploy technological breakthroughs
necessary to solve our Nation's energy crisis.
We must commit ourselves as a nation to the production of clean and
affordable energy sources. We must commit to policies that will move us
beyond oil in a financially and prudent way. Only by championing
national interests over any special interests will we be able to secure
the common interests and lower energy prices and have a cleaner
environment, both of which I believe are possible.
But we are far behind. Business-as-usual policies crafted to benefit
favored constituents are no way to develop sound energy solutions to
our Nation's needs. That is why I am proposing legislation to direct
the Department of Energy, which I think can do more and should do more,
to evaluate the host of national incentives we have now on the books to
create alternative sources of energy, some of which have worked well,
and to recommend changes based on what is in the national interest.
The national interest is to utilize those incentives to the maximum
amount possible to create the most amount of clean American energy.
Frankly, there is too much in some areas and not enough in other areas.
We need to utilize incentives to jump-start industries that can help
build a source of clean American energy. For example, we did succeed in
creating an ethanol industry through a very sizable incentive. That has
worked. We have drawn it down some now. The Agriculture bill that
passed the Senate reduced some of those incentives. Perhaps they should
have been reduced more since it has been such a healthy enterprise.
That money could have been applied to other areas and other aspects of
alternative energy that could jump-start those sources.
Congress also suffers too often from a short-term focus on the
pressing issues of the day. Too often, we fail to adequately plan for
the future needs of the country. That is why I propose that the
Department of Energy develop a comprehensive, long-term energy strategy
to anticipate unforeseen needs and to promote continued development of
innovative energy sources. In order to achieve these goals, the
Department would have to report its recommendations to Congress
frequently.
I am not ashamed to say that I have a lot of issues on my plate. I am
on the Armed Services Committee, the Judiciary Committee, and the
Energy Committee. The Department of Energy has a huge staff, a large
number of personnel. They spend all their time every day working on
energy issues. We should have leadership from them. They should tell us
what is working and what is not. They should help Congress set good
policy. They could do more in that regard. They should not be timid
about it. They should help us, step forward, make some proposals, and
be more aggressive.
There are many things we can do now to lower the price of gasoline
and promote clean American energy. Indeed, progress will be made by a
thousand steps, large and small, but they must be smart steps. They
don't need to be steps that cost far more than they will ever return in
terms of energy per cost. They don't need to be political pork.
In 2005, Congress directed the Department of Interior to study the
oil reserves in the Outer Continental Shelf. That is the deep waters
off our coast, not right on the beaches. The study found that 8.5
billion barrels of oil are currently known to exist off our Nation's
shores. In addition, the study estimated that approximately 86 billion
barrels of oil exist in these waters. We spend maybe $5 billion a year
on oil. That includes the 60 percent we import. The U.S. Geological
Survey and private industry also estimate that approximately 25 billion
barrels of oil exist on shore in the lower 48 States and Alaska. This
totals approximately 119 billion barrels of oil alone and would be
enough to power millions of automobiles for a century--not every
automobile in the country for a century, but it would carry us a long
way until we continue to work hard to have those breakthroughs that get
us off oil maybe completely. The sooner the better for me.
These are not the only reserves known to exist from studies. These
are reserves estimated from studies made 30 years ago. Further
exploration and modern seismographic work will certainly locate far
more reserves.
The question fundamentally is, to the American people and my
colleagues, do we import more and more of our oil and gas from places
that produce it in the North Sea and the Persian Gulf and the Caspian
Sea off the coast of Africa and South America or do we produce it
safely off our own shores, where the money stays at home, where we are
not sending $500 billion of American citizens' money to people who
build palaces in the desert with nothing more than basically money they
have taxed us with? The price of oil today is set in large part because
OPEC has reduced production, creating a shortage in the whole world.
That is the fundamental problem. There are a lot of others, but that is
the fundamental problem. We need to fight back. The way we fight back
is to keep more of our money at home and send it less to these
countries. How simple is that? But the policies we are having here go
the opposite direction. They are not allowing us to produce more oil
and gas in America, safely and cleanly.
We have and can move forward a lot of other sources of oil. One could
be oil from oil shale. Some estimate those reserves to be approximately
1.8 trillion barrels of oil--a lifetime of oil in oil shale. There are
a lot of things that have to happen to make that be produced. We have
to be sure it is done in an environmental way. But we have
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major corporations that are willing to spend billions of dollars to see
if they can produce it in that fashion. We blocked them from doing that
last year. When I say ``we,'' I didn't agree to it, but the Congress
slipped that in in conference committee and basically blocked that in
the dead of night without any hearings to discuss the merits.
For example, Saudi Arabia, which has the largest amount of oil known
in the world, has only approximately 267 billion barrels of oil,
whereas we have 1,800 billion barrels of oil in oil shale. It is
primarily located in the West in governmental lands.
What about coal? We are the Saudi Arabia of coal. We have 25 percent
of the world's coal reserves, which is enough to last approximately 250
years at the current rate. Surely long before then, we will have
developed alternatives to carbon fuels. Converting this tremendous
resource into liquid transportation fuel using proven technology can
bring down the price of gasoline. It really can.
At this very moment, private companies are prepared to convert coal
to liquid fuel and sell it to the Air Force for aircraft, sequestering
the carbon so it is not emitted into the atmosphere, at approximately
$85 a barrel. That is $40 less than the world market price of oil
today, which is over $130 a barrel. They are prepared to do that.
Somebody slipped in language to block that from occurring, so the Air
Force now is in limbo as to whether they can enter into a long-term
contract necessary to guarantee domestic sources of clean fuel made
from American coal, all the money staying in the United States, helping
enhance our national security. We need to repeal that provision. We
need to let the Air Force go ahead with this. It would mean tremendous
opportunity to affirm the Air Force's initiative and to verify as a
practical matter whether this large amount of fuel can be converted
from coal. The way they do it, they heat the coal, and off comes the
gas, and then you can reconvert that back to a liquid. It comes out
cleaner, just spotless clean. It cleans the engine instead of making it
dirty. It is a fabulous fuel.
Diesel fuel--let me share this with you. These are some things we can
do and get busy now, that we should already have done. Diesel fuel is
more efficient than other fuels. According to Popular Mechanics
magazine--recently they did a comparison; I can't guarantee everything
they said because the numbers are pretty astounding, but in a sense it
is good news--the next generation already in existence of clean diesel
engines runs approximately 38 percent further on a gallon of fuel than
a similar size automobile that is a hybrid automobile. The magazine
found that a 2007 Volkswagen Polo Bluemotion diesel automobile travels
38 percent farther on a gallon of fuel than a 2007 Toyota Prius hybrid.
We know for a fact that diesel gets 30, 35, 40 percent better mileage
than a gasoline engine. In fact, Europe has 50 percent of its
automobiles diesel. Why? Because it gets better gas mileage. We have
gone the exact opposite direction. We only have 3 percent of our fleet
diesel. Why are we not creating policies that will help Americans move
to more fuel-efficient diesel engines and do something about this odd
circumstance when diesel fuel is now considerably more expensive? It is
about 15 percent more expensive, but it gets at least 30 percent better
mileage. It is still a buy, even at the prices at the pump today for
diesel. In addition to being fuel efficient, diesel-powered vehicles
release fewer CO2 emissions than similar hybrids or gasoline
engines; CO2, the global warming gas, less of that from a
diesel engine. It is so much cleaner today than people's memory of
smoky diesels in the past. It is an entirely new engine, an entirely
new procedure.
According to the Popular Mechanics field test, the Volkswagen model
tested by the magazine emitted 5 percent fewer greenhouse gases per
mile than a Toyota Prius. I was able to drive a Prius the week before
last around Alabama. It was very impressive. Why are we not thinking
about diesel as we seek to clean up our air and reduce our importing of
foreign oil? Diesel engines today run on ultra-low sulfur diesel that
is 97 percent cleaner than older diesel fuel. It is the cleanest fuel
in the world. It is cleaner than the European fuel--the Europeans are
environmentally conscious--and our own regulations require that.
New diesel technology, the Mercedes BlueTec engine--I visited their
Alabama facility last week--reduces carbon monoxide, nitrogen oxide,
and particulates.
According to the EPA, if 33 percent of American drivers switched to
diesel vehicles, oil consumption would be reduced by approximately 1.5
million barrels of oil a day, which would cut our imports 10 percent.
They say if you drill in ANWR in Alaska, an area the size of the State
of South Carolina--and they would like to explore for oil and gas in an
area the size of Dulles Airport--if it comes in and it is only a little
over a million barrels a day, that is about 10 percent of our import
amount. So if we had more diesel and production in Alaska, that would
reduce our imports 20 percent.
Already Americans are conserving more. They have reduced consumption
at least 5 percent this year. So now we are down 25 percent. That is
the kind of thing we can do that will make a difference in the price of
oil and help make this a stronger country.
Now, ethanol represents a viable alternative energy source, I am
convinced. According to the Congressional Research Service, 6.5 billion
gallons of ethanol were produced in the United States last year. This
amounts to approximately $19.5 billion--let me be sure I get this
correct because my mind is probably like some of my colleagues. That is
6.5 billion gallons as opposed to barrels I was talking about earlier.
Mr. President, 6.5 billion gallons of ethanol were produced in the
United States last year. It amounts to approximately $19.5 billion that
stayed in our country to create American jobs and pay good wages here.
It did not go to buy oil from some foreign country so that the wealth
goes there.
It is estimated that we are on track to produce 9 billion gallons of
ethanol this year. So we go from 6.5 billion to 9 billion gallons this
year. We are soon reaching the maximum production, I think, for most
ethanol that comes from corn, which most of this does. But that has
been helpful to us, I submit to you. So this would result in
approximately $36 billion that will be invested in America, paying
wages to American citizens, who pay taxes to our cities and counties,
for schools, and to the Federal Government. We want them to have good
jobs with good wages.
According to Renewable Fuels Association, the price of gasoline would
rise approximately 31 percent if ethanol was eliminated. Is that right?
That is an advocacy group for renewable fuels, but this week Barron's
Magazine had an analysis and quoted figures similar to that and noted
that consumers were saving several hundred dollars a year as a result
of ethanol. Whether it is a great benefit to us in net reduction of
CO2, we do not know. Originally, the environmentalists
certainly believed so and advocated it. Some now question that.
Regardless, as an economic matter and as a matter of national security,
it has reduced our dependence on foreign oil, kept wealth at home, and
helped protect our national security and create jobs.
But there are limits on ethanol, so that is why we need to seek
technological breakthroughs that will allow us to produce cellulosic
ethanol on a commercial scale. Cellulosic fuel can be produced from
sources that do not place strains on other end users.
There is tremendous potential in our country to utilize waste wood
from sawmills, paper companies, waste wood that is left in the forest
from when the timber is cut and hurricane recovery. I talked to a FEMA
hurricane emergency response official today about the potential of
utilizing cellulose that is downed and thrown away in landfills after a
hurricane, where thousands and millions of trees are blown down, to
create energy. I think it is a realistic possibility. Every city and
county in the country is constantly hauling out large amounts of wood
and trees from their city. It cannot be utilized effectively for lumber
or other uses. Instead of going to landfills, this could create energy.
I think there is a great potential here.
[[Page 11809]]
Auburn University has spent a lot of time on switchgrass, another
cellulosic form. They will be bringing up, June 19, to Washington their
gasification unit that is portable. It is the size of a tractor-trailer
rig. You put wood chips in one end, the wood is heated, a gas comes
off, and that gas is converted to a liquid fuel. It is proven it can be
done. This is not impossible. What we need to do is accelerate the
science to prove whether it can be commercially feasible. I think it
can be. I am proud of Auburn. They have won a national award for that.
They are No. 1 in the country in that area of research, according to
the U.S. Department of Agriculture.
The next is the plug-in hybrid technology, which holds exceedingly
great potential. By utilizing and improving current battery technology,
plug-in hybrids will be able to travel father using less gasoline--
perhaps dramatically less gasoline--than conventional hybrids or any
other kind of automobile. In addition to greatly displacing imported
oil, plug-in hybrids can reduce the amount of pollutants and greenhouse
gases in the air by relying on clean nuclear energy to recharge their
batteries.
Let's just talk about this briefly. We will talk a little more about
nuclear energy. But if you have a commute each day of 10 or 15 miles
and you can create a battery that will run 30 miles without any hybrid
engine having to be turned on to charge and recharge the battery, a
person could commute back and forth to work every day if that car would
only run 30 miles. When they come home at night, they can plug it in
and recharge the battery from the power socket. And particularly
charging it from 11 p.m. to 5 a.m., it will use base load power, often
not even being fully utilized. If the power source is nuclear power, it
emits no pollutants into the atmosphere whatsoever, and that will
completely eliminate the need to utilize any oil or gasoline in the
car. Now, that is close to being reality.
Certainly, we will produce more wind and solar power. We support
those energy sources. The Congress has provided incentives for that.
Few would dispute that large increases in clean American base load
electricity in large amounts is essential, and we cannot get there by
conservation only because a number of things happen. No. 1 is that our
population is going up. By 2050, we will have a substantial increase in
the American population. So even if every American used less, the
Nation is projected, by every expert I am aware of, to utilize more
energy. Another thing that happens: You may well develop new
lightbulbs, which I hope every American will utilize and turn off
lightbulbs when they are not using them, but we have other things that
come up. For example, how many of our people want to give up plasma
TVs? They use a lot more electricity than the old kind. And computers.
When we projected the increase in the cost of the utilization of
electricity in the 1970s and early 1980s, we did not expect the size of
the computer revolution and the amount of energy that would add. So
there is always something out there. That is all I am suggesting. It is
just not smart for us to project in a way that is contrary to the
experts that we are going to utilize less electricity.
So after much study--and I have spent a good bit of study on this--it
is clear to me that nuclear-generated electricity is the serious
solution for a clean energy future and an alternative to a future
filled with ever-increasing regulations and more regulators and more
lobbyists and more political fights such as this cap-and-trade bill--
all of which produce no energy but drain our American economy. Nuclear
power is American based. It is a proven technology. It helps enhance
our national security. It is competitive cost-wise. It is not
outrageously expensive like some of the ideas that are being floated.
It emits no pollutants into the air, neither NOX nor SOx nor
mercury nor particulates. And it 100 percent meets our global warming
goals, which is to reduce CO2, carbon dioxide--zero, zilch.
Twenty percent of our electricity today is nuclear, and we have not
built a plant in 30 years. France produces 80 percent of its power from
nuclear power, and Japan is over 50 percent. They are heavily committed
to nuclear power, and it is paying off for them. Britain just announced
five new nuclear plants. So we are running behind.
But the good news is that after the Energy bill Senator Domenici
worked so hard on and the legislation he offered, 30 new applications
for nuclear powerplants have been submitted. That is 30--up from zero
just a couple years ago. But we must strive to ensure this nuclear
renaissance continues and completes.
There is this tremendous possibility that base load nuclear power,
particularly in the night, offpeak time, could be utilized to charge
automobile batteries so we could run our automobiles without any fossil
fuel being burned. Nuclear power is the one energy source that could
create large amounts of hydrogen, the hydrogen necessary if we are to
develop effectively fuel cell hydrogen automobiles that also favor a
clean concept. Both of these are postoil, postcarbon energy sources
that can power our automobiles, which is where our crisis is today.
Renewable energy sources also have an important role to play.
According to the Department of Energy, renewable energy provided
approximately 9 percent of the total U.S. electricity generation in
2005. While this is not large, there is significant room for growth.
Wind energy has led this growth, increasing from approximately 3,500
megawatts in 2001 to almost 17,000 megawatts today. Solar power has
also increased, although cost and storage remain serious issues.
Geothermal energy has not expanded as rapidly as wind has, but it has
potential. According to MIT, the United States has approximately
100,000 megawatts of enhanced geothermal capacity which can be
developed by 2050.
A few weeks ago, this Senate voted on a plan that would have taken
the first steps to produce many of these untapped energy resources by
allowing more energy exploration off our coasts and in Alaska. But we
do need to move beyond petroleum-based transportation fuels. We need to
do some other steps, such as enhancing the batteries for electric cars,
as this bill would have done, which could have allowed us to move to
plug-in hybrids. I think that is within our grasp right now, and it
would help clean up our environment.
Mr. President, I see the majority leader on the floor. I will just
conclude by noting that with prices at record highs, I think the
American people can be excused for wondering what their Congress is
doing. They expect us to get busy--to get busy now--to produce more
clean American energy. That will be the only thing that is going to
help reduce our dependence on foreign oil and our ability to be
hijacked by prices driven up by OPEC nations that are restricting
supply.
I thank the Chair and yield the floor.
The ACTING PRESIDENT pro tempore. The majority leader is recognized.
Mr. REID. Mr. President, I extend my appreciation to my friend from
Alabama for giving up the floor.
Unanimous-Consent Agreement--Executive Calendar
Mr. President, this is a consent request to have a vote on three
district court judges tomorrow.
I ask unanimous consent that on Tuesday, June 10, after the cloture
vote or votes with respect to S. 3044 and H.R. 6049, regardless of the
outcome, and notwithstanding rule XXII, the Senate then proceed to
executive session to consider concurrently Calendar Nos. 539, 540, and
541; that there be a total of 10 minutes equally divided and controlled
between Senator Leahy and Senator Specter; that upon the use or
yielding back of time, the Senate proceed to vote on confirmation of
each nomination in the order listed above; that there be 2 minutes
between each vote, and after the first vote, the vote time be limited
to 10 minutes each; that upon confirmation, the motions to reconsider
be laid upon the table en bloc, no further motions be in order, the
President be immediately notified of the Senate's action, and the
Senate resume legislative session, without further intervening action
or
[[Page 11810]]
debate, and the Senate then stand in recess until 2:15 p.m. for the
respective party conference meetings.
The ACTING PRESIDENT pro tempore. Is there objection?
Without objection, it is so ordered.
Unanimous-Consent Request--S. 3036
Mr. REID. Mr. President, I now ask unanimous consent that S. 3036 be
returned to the calendar.
The ACTING PRESIDENT pro tempore. Is there objection?
Mr. SESSIONS. There is objection. I object.
The ACTING PRESIDENT pro tempore. Objection is heard.
The Senator from Connecticut.
Mr. DODD. Mr. President, may I inquire, has my colleague from Alabama
completed his remarks? You have?
Mr. SESSIONS. Yes.
The ACTING PRESIDENT pro tempore. The Senator from Connecticut.
Mr. DODD. Mr. President, I ask unanimous consent that I be allowed to
speak as in morning business.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Housing Crisis
Mr. DODD. Mr. President, I rise this afternoon to take a few minutes
to share with our colleagues the current condition of the housing
situation and the steps being taken by the Senate Banking, Housing, and
Urban Affairs Committee--the steps we have taken in recent days and
what I hope we can continue to do in the coming days over the next week
or so, depending upon the agenda the leadership will set for us: our
hope is to bring forth one more proposal that will complete the circle
of the steps we can take as public policy setters in the area of
dealing with the heart of the economic crisis, which is the housing
crisis. The heart of the housing crisis is, of course, the foreclosure
crisis. So this report I share with my colleagues is both a positive
one--which includes the steps we are taking together to address the
problem--as well as, unfortunately, a rather negative one in terms of
the actual statistics and numbers that people are living with every
day.
When we talk about these numbers and statistics, they actually
reflect what is going on in the lives of very real people in our
country who are struggling economically to make ends meet. Home
ownership and the value of homes is at the heart of not only the
American family dream but also at the heart of their economic success
in many ways. So as I have done regularly over the past several months,
I wish to share with my colleagues some of the problems we are facing
in our economy and some of the steps we are taking to address them.
Three weeks ago, with overwhelming bipartisan support, we were able
to pass out of the Banking Committee the Hope for Homeowners Act and
legislation to reform the Government-sponsored enterprises--the so-
called GSEs. These measures will help reduce foreclosures,
strengthening the housing market and ultimately helping to restore our
economy to healthy growth. We also added as part of that legislation an
affordable housing program which will exist in perpetuity; not a short-
term, 4- or 5-year program but one that will be around for years to
come to assist those who are in desperate need of adequate and decent
shelter, including rental housing.
The committee work in these major areas follows the work that the
Senate accomplished earlier this spring when we passed the Foreclosure
Prevention Act. That legislation contains several very important
provisions to help homeowners, neighborhoods, and communities
throughout our Nation. The legislation included $4 billion for
communities to use through the Community Development Block Grant
Program to purchase and rehabilitate foreclosed properties in their
communities. The act also included $150 million in additional
foreclosure prevention counseling, on top of the dollars we had already
appropriated earlier, to assist in that area. Counseling, I would add,
is a proven and very effective program that has helped struggling
homeowners avoid the devastating effects of losing their homes.
Finally, the act includes legislation that would modernize the Federal
Housing Administration so the FHA can play an enhanced role in allowing
hard-working American families to pursue and achieve the dream of home
ownership through a suitable and sustainable mortgage.
I am continuing to work with our colleagues and the ranking member,
Senator Shelby of Alabama, along with other members of the committee--
both Democrats and Republicans--and the Senate to enact comprehensive
legislation that includes these and other provisions. These Members
include Senators Baucus and Grassley, the chairman and ranking member
respectively of the Senate Finance Committee, who have contributed very
important tax provisions to the Foreclosure Prevention Act.
There is no question in my mind that the almost daily information we
are receiving on the performance of our economy should continue to spur
action on the part of this Congress. Our economy has been limping along
for the last 6 months, with growth well under 1 percent. If you take
away the growth in Government and the buildup of inventories that
occurs when the economy enters a recession, our economy grew by three-
tenths of 1 percent in the first quarter of this year. In other words,
our economy is at best stagnant, and in the view of many economists and
others, we are actually in a recession.
Last week we learned that the unemployment rate in April rose by one-
half of a percentage point in 1 month. That is the largest monthly
increase at that rate in 22 years. We have lost thousands of jobs each
and every month this year so far, according to the Bureau of Labor
Statistics. This year, our economy has lost just under 400,000 private
sector jobs, and most economists expect they will continue to lose jobs
as the economy struggles. That is why I think it is critically
important that we ought to provide for extended unemployment insurance
benefits for those who have lost their jobs through no fault of their
own as part of our response to the economic challenges we are facing.
Certainly if we weren't able to do this, it would be the first time in
my experience in this body for a quarter of a century that we didn't
extend unemployment insurance benefits to people who have lost their
jobs during periods of economic hardship. That has never happened
before in my tenure here, and it is my serious hope that we will
provide those extended benefits to those who deserve them.
The data we are looking at, as sad as it is, also confirms that the
housing market continues to be mired in a deep recession as well.
Residential construction fell by over 30 percent in the first quarter
of this year. Sales of existing homes fell by 13 percent over last
year. Now, let me quickly add some new data today for April that
indicates sales may have finally picked up slightly, and we welcome
that news. Most analysts, however, believe this uptick, if you will, in
homes sales occurred only because home prices have continued to fall
over the last several months. Regardless of that uptick, the number of
new homes that remains unsold continues to rise, reaching the highest
number in over a quarter of a century. Joining this growing number of
new homes sitting vacant on the market unsold are homes where the
previous owner has been foreclosed.
Foreclosures have hit a new all-time record. According to the
Mortgage Bankers Association--the MBA--this data shows that almost 1 in
every 11 homes with a mortgage in our country is in default or in
foreclosure as of March of this year. That is the highest level since
the MBA began tracking foreclosures in 1979. Foreclosure rates have
been growing at record levels for some time, and last year alone 1.5
million of our fellow families in this country had their homes enter
into a foreclosure.
Each and every day, over more than 8,100 families enter foreclosure.
Every single day, 8,100 families on average enter foreclosure. The
projections are that foreclosure rates will remain at historic highs
for the foreseeable future. The investment bank Credit Suisse just
released a report in which they predict that 6.5 million homes will
fall into foreclosure over the next 5 years. They state:
[[Page 11811]]
The coming flood of new foreclosures could put 8.4 percent
of total homeowners, or 12.7 percent of homeowners with
mortgages, out of their homes.
The scenario they are describing is one in which one out of eight
American families with a mortgage could lose their homes. That is a
chilling prediction.
Robert Schiller, the widely respected economist from Yale University
who helped invent the so-called Case-Schiller Index that is used
throughout the country and the markets to measure the change in home
values, gave a speech recently in New Haven, CT where he said there is
a good chance that housing prices will fall further, perhaps by as much
as 30 percent since their peak in the late part of 2006. If that were
to happen, it would mean the decline in home prices would be greater
now than it was during the Great Depression back in the 1920s and 1930s
of the previous century.
These are indeed historic times with historic challenges. Already we
have seen home prices decline nationally for the first time since the
Great Depression. For the first time since the Federal Reserve began
keeping track of home equity in the 1940s, Americans today own less
than half the value in their homes.
The effect this is having on our economy cannot be overstated. Martin
Feldstein, who served as President Reagan's chief economist, recently
wrote in the Wall Street Journal:
The 10 percent decline in home prices has cut household
wealth by more than $2 trillion, reducing consumer spending
and increasing the risk of a deep recession.
That means American families have lost more than $2 trillion of
wealth. Losses of that magnitude are staggering. That is almost 20
percent of our Nation's GDP. Put another way, a national loss of wealth
of $2 trillion means a typical family of four would have lost over
$25,000 of wealth due to the current housing market crisis. This sharp
loss in wealth for the average American homeowner comes at a time when
they face record high prices for essentials of American life: Food,
gasoline prices--as we have heard about today the cost of gas has been
increasing every day--health care, and the cost of higher education. So
the so-called foreclosure crisis is affecting far more than only those
facing foreclosure. It is affecting nearly all of us in every
imaginable way. As one home falls into foreclosure, the value of
countless other homes in those neighborhoods is falling as well. If Dr.
Schiller's predictions come to bear and home prices fall by 30 percent
nationally, then the loss to American families will exceed $6 trillion.
That is more than half of our Nation's annual GDP. It would mean the
typical family of four would have lost approximately $80,000 of wealth.
That is more than most American families earn in an entire year.
The nationwide implications of this crisis help explain why consumer
sentiment is at historic lows. Americans' expectations for future
economic growth are at the lowest level in 35 years since the deep
recession of the early 1970s.
These negative views about our economic prospects are based on the
real experiences of most Americans. The Pew Center conducted a recent
survey of Americans' views not only on the economy as a whole but on
their personal well-being. The Washington Post characterized the Pew
Center's finding as:
Offering the gloomiest assessment of economic well-being in
close to half a century, a new survey has found that most
Americans say they have not made progress over the past 5
years as their incomes have stagnated and they have
increasingly borrowed money to finance their lifestyles.
By almost any measure, Americans are struggling more and more than
they have at any time in recent memory. Real median family income has
fallen this decade as the cost of gasoline, health care, and college
tuition, have risen at levels far outstripping any increases in
paychecks. To keep pace with these rising costs, Americans have turned
to borrowing from credit cards and their homes. But now, as the crisis
in our capital markets begins to threaten sources of liquidity for
people, such as mortgages, student loans, and other types of lending,
the American economy is in a precarious place, to put it mildly. That
is why we need new policies and new action to prevent this recession
from becoming more severe, and to lay the foundation for our recovery.
The Federal Reserve is engaged in a series of interest rate cuts as
they continue to aggressively use monetary policy to try and deal with
the recession we are facing. But the Fed is running out of pages in its
playbook to address the growing crisis of credit and confidence that
has taken hold of our financial markets and threatens to undermine our
Nation's economy. Until we more thoroughly address the core issue
behind this recession--namely, the problems in the housing market and
the foreclosure crisis--we are unlikely, in my opinion, to put our
economy back on the right track. Fed Chairman Ben Bernanke understands
the seriousness of this problem. In a recent speech on the subject of
foreclosures, he said:
High rates of delinquency in foreclosure can have
substantial spillover effects on the housing market, the
financial markets and the broader economy. Therefore, doing
what we can to avoid preventable foreclosures is not just in
the interest of lenders and borrowers. It's in everybody's
interest.
I pledge to continue to work every day--as I know my colleagues on
the Senate Banking Committee will, as well as those in the House
Financial Services Committee under the leadership of Congressman Barney
Frank and as I am confident all of us in this Chamber will--to do
everything we can to address these issues from the perspective of what
we can do as part of the national legislature. That is why I am pleased
to say that through these efforts, what we have brought to the floor of
the Senate over the last several weeks has enjoyed broad-based
bipartisan support. We will now be coming back again in the coming
days. The leader of our Chamber, Senator Reid, has committed that we
will get to this as soon as we possibly can, given the crowded agenda
he has to deal with. But we cannot, in my view, allow this Congress to
continue to move forward in the coming days without addressing the
remainder of these issues.
I cannot promise absolutely that everything we have offered is going
to change the world dramatically. But there is one thing I hope it does
do and that is restore confidence in the American families, whom the
Members of this Congress serve, both Democrats and Republicans, are
doing everything in their power to try and prevent foreclosures,
restore confidence in the marketplace, and make it possible for the
American dream of home ownership not to become the nightmare it has for
far too many fellow citizens. It is at the core of everything else we
are grappling with. We have seen the problem spill over into credit
cards, financial services, commercial lending, student loans, and at
the heart of all of this is the foreclosure problem.
That is what every single responsible economist, regardless of
political ideology, has concluded. They have said there are steps we
can take to make a difference--those steps we have created in a
legislative manner to bring to this body. Our hope is we will enjoy the
kind of broad-based support we have had in our committee. Anybody who
has watched this body knows that when you get a 19-to-2 vote in
committee on a matter such of this, you get some indication of the
willingness of members to work together to make a difference. Senator
Shelby and I and the other members of the committee will continue to do
that. We hope to put on the President's desk by July 4 this
comprehensive financial services Banking Committee proposal, dealing
with FHA, dealing with the government-sponsored enterprises, dealing
with affordable housing, dealing with counseling, dealing with the
community development block grant program, as well as tax ideas that we
think could help, and the Hope for Homeowners Act, which is critical to
try to put the brakes on this foreclosure problem.
I wished to take some time this afternoon to share with my colleagues
that this problem grows more serious. It is growing more troublesome,
[[Page 11812]]
spreading beyond our national borders, in terms of what the subprime
market and the purchase of those mortgage-backed securities has done to
the markets, not only in this country, but abroad as well.
This is our major responsibility, in my view and I think we have a
commitment to address it. Senator Shelby and I have worked very well
together over the past number of weeks to try to fashion this
legislative proposal.
I commend Barney Frank, my friend from Massachusetts, who is chairman
of the Financial Services Committee in the other body, and other
Members for the job they are doing together as well. I hope that in the
remaining days, before the July break--hopefully sooner than that--we
will be able to present to our colleagues a final proposal bringing
together these ideas for their consideration and support as we do our
part to try to make a difference in getting this economy and the
confidence of the American people back on track.
With that, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER (Ms. Cantwell). The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mrs. MURRAY. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Economy
Mrs. MURRAY. Madam President, I rise this evening amid new and very
pressing concerns about the future of our economy. Today, millions of
Americans are struggling to keep their homes. The price of just about
everything, from gas, college, health care, you name it, is on the
rise, and families from coast to coast are wondering how they are going
to make ends meet.
Just last week, we saw new and shocking statistics illustrating this
crisis. With the price of the American Dream going up, working families
seem to be facing new challenges every day. Last week, it was a new
report from the Department of Labor. They told us the overall
unemployment rate rose from 5 percent to 5.5 percent in May, up from
4.5 percent just 1 year ago. That is 861,000 new unemployed people in 1
month, bringing the total to 8\1/2\ million people unemployed in
America today in May. Today, there is even more bad news. Gas has, for
the first time, hit an average of $4 a gallon.
Madam President, the American people are hurting. While job creation
and wage levels are dropping, prices are going up. Everything costs
more, but families don't have enough money to spend. The bottom line is
the American Dream is slipping through the fingers of too many
Americans, and we have to do something about it.
Now, this evening I want to talk specifically about oil and gas
prices because this week the Senate is going to have an opportunity to
take a step in the right direction and put consumers first. Tomorrow
morning, we are going to vote on a Democratic bill that seeks to
address the root causes of these high gas prices because we are
committed to putting consumers first and to fixing the root causes of
high gas prices so these solutions have a real lasting effect.
We want to force big oil to pay its fair share and invest in clean
and affordable alternative energy sources. We want to protect consumers
from price gougers who rip off Americans and greedy oil traders who
manipulate this market. We want to stand up to OPEC and countries
colluding to set high oil prices. These basic, commonsense steps will
attack the root causes of high gas prices, but they are only the
beginning.
Step 2 has to include a long-term strategy to decrease our dependence
on oil and promote clean renewable energy. That is why later this week
we are going to propose billions of dollars in tax breaks to promote
those new energy sources. Our plan seeks to address the high price of
gas at the pump now, but it will also help to ensure that energy is
affordable for years to come.
With gas prices on the rise, there has been a lot of finger-pointing
in recent weeks, but you don't have to look very hard to see who is to
blame and who is benefiting from these skyrocketing prices. While our
working families have been scrimping, the economic downturn hasn't even
registered for big oil. The major oil companies reported record
increases in profits last quarter. ConocoPhillips recorded first
quarter profits of $4.1 billion, beating their previous record by $600
million, with Shell and BP also reporting huge gains.
The reason is that over the last 7\1/2\ years, Republicans have
backed an energy policy that does little but give oil companies tax
breaks and special favors while our middle-class families pay the
price. In the first month of the Bush administration, oil prices
averaged $29.50 a barrel. Now, almost 8 years later, the price has more
than quadrupled. It is over $130 a barrel this week and pushing toward
$140 a barrel. When President Bush first took office, Americans were
paying $1.46 a gallon to fill their tanks, and this week gas prices are
averaging a whopping $4 a gallon. We have gone from $1.46 to over $4 a
gallon in this Bush administration.
What is most disturbing to me and to American families all across the
country is how fast these gas prices are rising. Six weeks ago, I came
on the floor of the Senate and spoke on the same subject, saying a lot
of the same things, and at the same time I was saying how shocking it
was to see the national average at $3.60 a gallon. But in just a few
weeks prices have gone up another 40 cents a gallon. I am a little
scared to do the math and see what increase that is going to translate
into by the Fourth of July, just a few weeks away or, even worse, Labor
Day. Instead, I think it is time we come together for action in the
Senate.
I mentioned the national averages already, but in my home State of
Washington and the home State of the Presiding Officer, drivers are
paying even more. The average cost of a gallon of gas in Washington
State is now $4.22. Yesterday, in my State, I paid $4.29 a gallon.
Right now, AAA is saying that gas costs $4.22 in my State. That is the
average. That is 44 cents higher than just a month ago, 95 cents higher
than a year ago, and 20 cents higher than the national average. And our
truckers are being hit really hard. AAA found the average price of a
gallon of diesel is $4.89 a gallon in my home State. That is 40 cents
higher than a month ago and $1.84 higher than just a year ago.
When I travel around Washington State, gas prices are the first thing
people talk to me about, and they have written me countless letters
asking for help. Everyone asks what we are going to do about this
matter. While they are cutting back their budgets in my home State,
they do not see any action in Washington, DC. And I have told them time
and again that Democrats want to act, but we need help to do that from
our Republican colleagues. They will have a chance to help us do that
tomorrow.
But I am concerned that Republicans are more interested, from what I
am hearing, in just blocking our progress and whatever we want to do
here than actually taking any meaningful action for the people who are
hurting so badly at home today. In fact, for the past several days, we
have already seen, from what I have heard, a parade of Republican
Senators out on the floor complaining about high gas prices, and in
many cases blaming Democrats for failing to address this crisis over
the past 16 months. They are bringing out their charts and showing the
price of gas when Democrats took over Congress and what the price is
now, and they ask us all to simply forget the real reason for this
crisis--the misguided energy policy that this administration has
pursued for years.
But I don't think the American people are going to forget that. They
are not going to forget it was this administration that asked oil and
gas companies to write their energy plan. The American people aren't
going to forget the only real idea coming from the other side is to
drill our way out of the problem. And they are not going to forget that
this is an administration closer to the oil and gas industry than any
in our history. We are not going to forget either, and that is why we
are fighting for change. We have already won higher fuel economy
standards and new investments in renewable energy sources, but we know
we need to do
[[Page 11813]]
more because Americans know that we cannot rely--we cannot rely--on big
oil to solve our energy problems.
Madam President, the energy policy isn't the only area where
Republicans have put special interests ahead of our American families.
For 7\1/2\ years, President Bush and the Republicans in Congress have
chosen to stand by while our highways are crumbling, hundreds of
thousands of our veterans go homeless every night, and millions of our
families struggle to keep a roof over their heads. In the last year,
our new Democratic majority has had to fight Republicans and the
administration for resources to address everything from veterans health
care to the foreclosure crisis our families are facing. I think the
legacy of this administration is going to be nothing but red ink and
broken promises.
People in my home State of Washington are very worried about the
future. They want to be sure their children will have economic
security. They want a solution to our energy problems that are going to
keep us safe and protect our environment for the long run. And the same
is true, I know, across the country. Americans are hurting because of
these high gas prices. It doesn't matter whether they are Republican or
Democrat, they want help.
I know Republicans and oil companies are not going to give up on the
status quo easily here. But Democrats on our side have been fighting
for policies that will help us cut those prices, create jobs, and keep
our air and water clean and, most importantly, our Nation secure.
We are committed to taking strong action that will stop rewarding
these oil companies and start looking out for our American families. We
are going to keep up that fight. If my Republican colleagues want their
constituents to have help, if they want to take action that will stop
this pain at the pump, the solution is very simple: Vote yes with us
tomorrow morning so we can move to a bill that will begin to solve this
problem.
(Mr. Sanders assumes the Chair.)
____________________
RUNNING IT OUT
Mr. SPECTER. Mr. President, a unique event occurred in a Philadelphia
Phillies baseball game last week. The Philadelphia Phillies' shortstop,
named Jimmy Rollins, who was the most valuable player in the league
last year, hit a looping ball into left field--which was an easy ball
to catch--and instead of running it out, he ran at a very leisurely
pace down the first baseline. The left fielder on the defensive team
moved in and, in a very unusual play, dropped the ball. Instead of
Rollins getting to second base, he was left at first base.
The Phillies' manager, Charles Manuel, then immediately benched Jimmy
Rollins, the most valuable player in the league. He put him right on
the bench because he did not run it out. That took a lot of guts, and
manager Charles Manuel has been complimented on that, and I renew the
compliment here today. But it is a great lesson, in my opinion, about
the way baseball players ought to act and Senators ought to act and
everybody ought to act. We all ought to so-called run it out, with that
kind of intensity.
I am an avid squash player, and one of the maxims I have developed
over the years is that I am never too far ahead to lose and never too
far behind to win. The game is always in play, if you run it out. I
think it has some applicability to all facets of life in things that
all people do, in terms of the intensity of their activity. And I think
we need a lot more of that attitude in the Senate and a sense of
urgency to deal with the people's business.
This relates directly to the presentation I made a few moments ago on
going back to the rules of the Senate on open debate, open amendment
offering, and not filling the tree. But it is a great lesson to have
that rule stamped indelibly of ``running it out.'' So I congratulate
Charlie Manuel. He took out a key player, whose absence could have been
decisive even in that game because of Rollins' hitting and fielding
ability.
But I think it is a great message and a great symbol for all of us to
``run it out.''
____________________
HONORING OUR ARMED FORCES
corporal christian scott cotner
Mr. DODD. Mr. President, it is with a heavy heart that I rise today
to honor the memory of Marine Cpl Christian Scott Cotner of Waterbury,
CT, who died last week while serving our Nation in Iraq. He was 20
years old.
On May 30, 2008, Corporal Cotner's life was tragically cut short as
he served his first tour of duty with the Marines in Al-Anbar Province,
Iraq. His heroic service is remembered today by a grateful nation.
Friends and loved ones remember Corporal Cotner for his positive
attitude, his great sense of humor and his pride in serving the country
he loved. It was while in high school, where he volunteered to serve in
the honor guards and the ROTC, that Corporal Cotner decided to serve
his country, and shortly after graduating he joined the Marines.
All of us in the State of Connecticut and across the United States
owe a deep and solemn debt of gratitude to Christian Cotner and to his
family and friends for his tremendous service to our country. On behalf
of the Senate, I offer my deepest condolences to Christian's parents
Graham and Karen and to everyone who knew and loved him.
____________________
ADDITIONAL STATEMENTS
F_____
HONORING HARP COTE
Mr. BAUCUS. Mr. President, I have had the privilege of calling
Mr. John ``Harp'' Cote of Butte, MT, my friend for nearly 40 years.
In 1973 when I was running for my first congressional seat, not a
whole lot of folks knew me from Adam and the only people I was sure
would vote for me were my parents. But everywhere I went I heard the
same thing: ``Go see Harp.'' So I went.
Harp took his time sizing me up during that first meeting, and I
remember vividly the moment when he said those magic words, ``I'm with
you.'' I know his support made all the difference. I owe my first
political break to Harp Cote, and I don't know if anything I've
accomplished since then would have happened if he hadn't been in my
corner from the start.
Harp is a pillar in Montana politics and a great American. He's a
model citizen and a model father and grandfather. He and his wife,
Esther raised 8 children and have 14 grandchildren. From his many
successful business ventures to his leadership roles in just about
every charitable organization in town--Butte, and indeed Montana, is a
better place because of Harp Cote.
Mark Twain once said ``I have found out that there ain't no surer way
to find out whether you like people or hate them than to travel with
them.'' Well, a couple of years ago, I lead a delegation of Montanans,
including Harp, to China and India to see what we could do to create
more good-paying jobs and open doors for Montana businesses. After 10
days I can tell you, there is no one I like more than Harp. His
familiar smile and easy personality made the trip a great success. And
I'm proud of the doors we opened while we were there.
In April, I asked Harp to join me in Washington, DC, to hear Irish
Prime Minister Bertie Ahern address a Joint Meeting of Congress. Each
Member of Congress was allowed to bring one guest, and I invited Harp
because of his unwavering dedication to Montana.
As a Butte native and proud Irish American, Harp's attendance has
allowed him to further the Mining city's deep seeded Irish connections
and heritage.
Like most folks in Butte, Harp has Irish blood in his veins, but he
is a Montanan through and through. He is dedicated, hard working and
one heck of a sportsman. His optimism, resilience and pure grit define
Montanans and embody the western spirit.
I am lucky to have him by my side as we work to do what is right for
Montana, making sure Big Sky country remains the Last Best Place to
live, work and raise a family.
In 2006, Harp was on hand to welcome Irish President Mary McAleese to
[[Page 11814]]
Butte. McAleese was the first Irish leader to visit the Mining city
since 1919. During the visit, McAleese told a crowd: ``You can be
assured that Butte matters to us as much as Ireland matters to Butte.''
I would like to echo President McAleese's sentiment.
Harp Cote can be assured that he means as much to Butte, and to
Montana, as Montana and Butte mean to him.
As for myself, I know when it's all said and done and I look back on
my career and my friends, one thing will be certain--one of the
greatest honors of my life is the privilege of calling Harp Cote my
friend.
____________________
TRIBUTE TO ARTHUR J. SCHUT
Mr. GRASSLEY. Mr. President, I am pleased to recognize the
service that Arthur (Art) J. Schut has provided to so many in my home
State of Iowa. Art is an Iowan that has dedicated over 30 years of
himself to the disenfranchised of our communities. He has worked
tirelessly on a local, State, and national level to provide care,
counseling, and education for families, the public, and lawmakers to
minimize the negative stigma and to secure funding and resources for
those with addiction and mental health issues.
Art began his distinguished career nearly 40 years ago as a program
director for the Des Moines Metropolitan YMCA working with youth gangs.
Since that time, Art has served in a variety of roles working on behalf
of those who suffer from the scourge of addiction and other mental
illness. Art has served as a member of the University of Iowa faculty
and as a clinical and treatment director. During this period in Art's
life, he supervised several drug treatment and education programs
throughout southeast Iowa, and he provided vital education for future
substance abuse professionals through his position with the University
of Iowa.
Art will soon be leaving the position that he has dutifully served in
for 25 years as President and CEO of the Mid-Eastern Council on
Chemical Abuse, MECCA. Throughout his service as the President of
MECCA, Art has overseen the administration of operations and programs
in three regions throughout Iowa. These operations include outpatient
offices in 16 counties, a prevention unit, employee assistance program
for regional businesses and industries, a residential treatment
program, and a detoxification unit.
Sadly, Art will soon be leaving the great State of Iowa, but he will
be continuing the good fight against addiction and abuse. Barbara and I
want to extend our gratitude for all the years of service and for the
positive impact on all the lives Art has had throughout his remarkable
career. We wish Art all the best in his future endeavors.
____________________
125TH ANNIVERSARY OF THE FOUNDING OF TULARE, SOUTH DAKOTA
Mr. JOHNSON. Mr. President, today I pay tribute to the 125th
anniversary of the founding of the community of Tulare, SD. After 125
years, this progressive community will have a chance to reflect on its
past and future, and I congratulate the people of Tulare for all they
have accomplished.
Tulare is located in northeast South Dakota, within Spink County on
Highway 281. Originally plotted by Charles Prior in 1883, the town
quickly grew as an important railroad supply station. There is some
disagreement about the naming of Tulare, which tends to follow three
different stories. The first story tells that when riding the train to
Tulare, Mr. Prior encountered two men entertaining the passengers with
tall tales. He was so amused by the time he reached his destination, he
decided to call the town site ``Tulare'' after the ``two liars.'' The
second story claims the town was named after the ``Tulle'' weed that
grows in the swamps, and the third story names the city after a Native
America chief.
Today, Tulare has come a long way from its days as a railroad supply
center. The town now boasts a variety of businesses, including those in
both the service and manufacturing sectors. Coupling with those parts
of the economy are the rich natural resources including the plentiful
pheasant population which further aids in the prosperity of this
community. The town also continues their long tradition of high
standards in education that began here with the first 4-year high
school and continues to thrive as the Hitchcock-Tulare School District.
Tulare has become a credit to Spink County and the State of South
Dakota. The people of Tulare will celebrate their achievements June 20-
22, 2008, with a basketball tournament, parade, car and quilt show, and
street dance. I am proud to join with the community members of Tulare
in celebrating the last 125 years and look forward to a promising
future.
____________________
125TH ANNIVERSARY OF CANOVA, SOUTH DAKOTA
Mr. JOHNSON. Mr. President, today I recognize the community of
Canova, SD, on reaching the 125th anniversary of its founding. Canova
is a rural community located in Miner County, and will be celebrating
its quasquicentennial the weekend of July 4-6.
The combination of the Homestead Act of 1862, the opening of
Government lands, and the influx of railroads through the State all
added greatly to the development of Canova in the 19th century. L.W.
Aldrich and H.W. Eddy, both from Watertown, NY, bought the land around
Canova, while F.D. Woodbury registered Canova as a town in 1883.
The town of Canova was built on the pillars of farming, faith, and
baseball, boasting 8 State titles and 11 runner-up finishes. These
activities serve to bring this close-knit community even closer
together. While the school has since closed, it did bring about the
birth of the Canova Alumni and the promotion of community health with
the CARE Center.
Most South Dakotans call small towns like Canova home. South Dakota's
small communities are the bedrock of our economy and vital to the
future of our State. It is especially because of our small communities,
and the feelings of loyalty and familiarity that they engender, that I
am proud to call South Dakota home. Towns like Canova and its citizens
are no different and truly know what it means to be South Dakotan. Even
125 years after its founding, Canova continues to be a vibrant addition
to our wonderful State, and I once again congratulate them on this
achievement.
____________________
125TH ANNIVERSARY OF THE FOUNDING OF WILLOW LAKE, SOUTH DAKOTA
Mr. JOHNSON. Mr. President, today I pay tribute to the 125th
anniversary of the founding of the community of Willow Lake, SD. After
125 years, this progressive community will have a chance to reflect on
its past and future, and I congratulate the people of Willow Lake for
all they have accomplished.
Willow Lake, located in Clark County, was originally plotted on the
northeast corner of the lake in 1883. When the Manitoba Railroad was
surveyed to come about 2 miles south of the city, the decision was made
to move the town to its present location. Willow Lake grew with the
evolution of the Manitoba Railroad to the Great Northern in 1890. A
tornado and several fires swept through the town during the turn of the
20th century, destroying most of the primarily wooden structures.
Shortly thereafter, the town fathers mandated that all Main Street
buildings were to be made of brick to withstand the elements of eastern
South Dakota.
Today, Willow Lake has come a long way from the days of railroad
commerce. The town now boasts a variety of businesses in both the
service and manufacturing sectors, including a grain elevator, multiple
construction companies, and a K-12 public school. The people of Willow
Lake will celebrate their achievements July 4-6, 2008, with a rodeo,
car show, fireworks display, and parade as well as an all school
reunion which, as reported by Paul Harvey, is held each and every year.
Willow Lake is a credit to Clark County and to the State of South
Dakota. I am proud to join with the community members of Willow Lake in
[[Page 11815]]
celebrating the last 125 years, and looking forward to a promising
future.
____________________
CONGRATULATING THE SNACKS 4 EDUCATION TEAM
Mr. LUGAR. Mr. President, I am pleased to join the friends and
families of four remarkable young Hoosiers in congratulating their
team's success in the eCybermission science, math, and technology
competition for sixth through ninth graders sponsored by the U.S. Army.
Having won the ninth grade Northwest Regional Competition, the Fort
Wayne-based ``Snacks 4 Education'' team of Allie Dembar, Andrew
Reichle, Amelia Roebuck, and Darcy Whitney will now face three other
teams in the National Competition to be held in Washington, DC, on June
24. These four students have shown considerable insight and leadership
in the execution of their project promoting proper school-time
nutrition. The team is led by adviser, Larry Lesh.
Each member should be proud of their accomplishments. I am especially
grateful for their advocacy and the effort these young leaders have put
forth to demonstrate the benefits of proper nutrition and healthy
snacks on classroom education.
I hope you will join me in offering congratulations to all the
participants in this year's eCybermission competition and best wishes
to the many finalists.
I ask to have the following statement further detailing the ``Snacks
4 Education'' project printed in the Record.
The material follows.
(By the members of Snacks 4 Education)
In American schools today, many students arrive ill-
prepared to learn at their full potential. There are a
multitude of reasons for this, including not getting enough
rest, not eating a nourishing breakfast, and not coming from
a home that values education. As a result, these students in
particular, and probably all students, have a time during the
school day when they experience a low energy point. Our team
of four students, after noticing the same problem in our own
schools, hypothesized that having a healthy snack at or near
this low energy time would help students to be more alert,
more energetic, and better able to concentrate.
For our project, the team experimented in eleven classrooms
in four schools, covering each grade from one through six.
The experiments were run during three separate time periods.
The team first had to determine the low energy time of the
class. This was accomplished by asking the students through a
questionnaire, or by allowing the teacher to make the
decision, or by a combination of these two methods. In two of
the experiments, snacks approved by the Fort Wayne Community
Schools' Nutrition Services were given each day at the low
energy time. Then for two weeks, snacks were not given. In
one case, the experiment ran for eight weeks, having two
weeks with snacks, then two weeks without, then two with, and
finishing with two weeks without.
In each experimental snack week, dry snacks were given on
Monday, Wednesday, and Friday. Fruit snacks were given on
Tuesday and Thursday. The dry snacks were packages of teddy
grahams, pretzels, and animal crackers. Fruit snacks varied
and included small packages of sliced apples, grapes, or
oranges. The dry snack servings all contained around 125
calories and were determined to be of healthy content by a
registered dietitian.
Questionnaires were given to the students on each Friday of
the experimental weeks. On the final week evaluation, two
extra questions were asked. The first question asked whether
the students did better in their schoolwork during the weeks
they had a snack each day. The second question asked how they
felt after having a daily snack. In grade 1, 84 percent
thought they did better on their schoolwork, and 70 percent
said they felt better after having a snack. In grade 2, the
results were 60 percent and 70 percent. In grade 3, 84
percent and 70 percent. In grade 4, 88 percent and 78
percent. In grade 5, 84 percent and 86 percent. In grade 6,
86 percent and 91 percent.
For overall results from all eleven classrooms in all six
grades, the actual number of answers were used instead of
averaging percents, as not the same number of students
participated in each grade. Overall, 81 percent of the
students said that while they were having snacks they thought
they did better on their schoolwork and 82% said they felt
better after having a snack.
Following our research, we were involved in discussions
with the Indiana Parent Teacher Association, which passed a
resolution urging its members to support the concept of
healthy snacks in schools. That resolution will be considered
at the national PTA convention next year.
____________________
TRIBUTE TO BRYAN JOHNSTON
Mr. SMITH. Mr. President, former Oregon Governor Tom McCall
once said, ``Heroes are not giant statues framed against a red sky.
They are individuals who say, `This is my community, and it is my
responsibility to make it better.'''
Today I pay tribute to Bryan Johnston, a true Oregon hero, who
devoted much of his life and career to making Oregon and our State
capital city of Salem a better place in which to live, work, and raise
a family.
Like countless others in Oregon, I was shocked and saddened to learn
that Bryan passed away last week at the far too early age of 59 years.
Bryan's passing deprives my State of one of her most respected, admired
and effective public servants; it deprives St. Martin's University in
Lacey, WA, of a gifted leader, as Bryan was scheduled to begin his
service of president of that university on July 1; it deprives many in
Oregon, including myself, of a trusted friend and advisor; and it
deprives his wife Anne and their four children of a loving and
dedicated husband and father.
During his years in Salem, Bryan served in a remarkable number of
roles, including: lawyer; professional mediator; Law professor;
director of the Center for Dispute Resolution at Willamette University
College of Law; dean of the Willamette University Atkinson Graduate
School of Management; interim president of Willamette University;
Oregon State Representative; and interim director of the Oregon
Department of Human Services Children, Adults and Families Division. As
the Salem Statesman-Journal so aptly put it, ``Bryan Johnston was Mr.
Fix--it for colleges, for state government, and for the Salem-area
community.''
The tributes that have been pouring in since Bryan's passing speak
volumes of the impact this gentle and gifted visionary made in so many
ways.
Salem business and community leader Dick Withnell said: ``He was so
wise. He could grasp a tough situation and see what should be done and
then be collaborative with people to accomplish it. That's a real
gift.''
State Senate President Peter Courtney said: ``Bryan was a great
mediator and facilitator. He was a very, very versatile individual in
the area of education and public service. Those are maybe two of the
highest callings you can aspire to, if you're chosen; and he was chosen
time and again.''
Department of Human Services Director Bruce Goldberg stated: ``Bryan
was a trusted advisor and friend, who brought wisdom, humor, and
kindness into all of our lives.''
Perhaps the best tribute to Bryan was paid by my friend John Watt,
who served with Bryan in the Oregon State House of Representatives.
Said John: ``One of the things that has always stuck with me about
Bryan is that he truly was doing the work for Oregon. I mean, he wasn't
somebody who was after kudos for himself. He didn't necessarily walk
lockstep with his caucus. He was always willing to talk and work with
people.''
Bryan Johnston talked and worked with people, and because of that, he
leaves behind a remarkable legacy of accomplishment and service.
Indeed, I am reminded of the words of Mother Teresa, who said: ``God
does not call us to be successful. God calls us to be faithful.''
By any account, Bryan Johnston led a successful life. But I know that
more important to him was the fact that he led a faithful life. He was
a faithful educator, legislator and public official. He was a faithful
husband, and friend. He was a faithful servant of God. May God bless
Bryan Johnston.
____________________
REPORT ON THE CONTINUATION OF THE NATIONAL EMERGENCY THAT WAS
ORIGINALLY DECLARED IN EXECUTIVE ORDER 13405 OF JUNE 16, 2006, WITH
RESPECT TO BELARUS, AS RECEIVED DURING ADJOURNMENT OF THE SENATE ON
JUNE 6, 2008--PM 51
The PRESIDING OFFICER laid before the Senate the following message
[[Page 11816]]
from the President of the United States, together with an accompanying
report; which was referred to the Committee on Banking, Housing, and
Urban Affairs:
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d))
provides for the automatic termination of a national emergency unless,
prior to the anniversary date of its declaration, the President
publishes in the Federal Register and transmits to the Congress a
notice stating that the emergency is to continue in effect beyond the
anniversary date. In accordance with this provision, I have sent to the
Federal Register for publication the enclosed notice stating that the
national emergency and related measures blocking the property of
certain persons undermining democratic processes or institutions in
Belarus are to continue in effect beyond June 16, 2008.
The actions and policies of certain members of the Government of
Belarus and other persons pose a continuing unusual and extraordinary
threat to the national security and foreign policy of the United
States. These actions include undermining democratic processes or
institutions; committing human rights abuses related to political
repression, including detentions and disappearances; and engaging in
public corruption, including by diverting or misusing Belarusian public
assets or by misusing public authority. For these reasons, I have
determined that it is necessary to continue the national emergency and
related measures blocking the property of certain persons undermining
democratic processes or institutions in Belarus.
George W. Bush.
The White House, June 6, 2008.
____________________
MESSAGE FROM THE HOUSE
______
ENROLLED BILL SIGNED
At 3:17 p.m., a message from the House of Representatives, delivered
by Ms. Niland, one of its reading clerks, announced that the Speaker
has signed the following enrolled bill:
S. 2420. An act 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.
Pursuant to the order of June 4, 2008, the enrolled bill was
subsequently signed by the Acting President pro tempore (Mr. Reid).
____________________
MEASURES PLACED ON THE CALENDAR
The following bills were read the second time, and placed on the
calendar:
S. 3098. A bill to amend the Internal Revenue Code of 1986
to extend certain expiring provisions, and for other
purposes.
S. 3101. A bill to amend titles XVIII and XIX of the Social
Security Act to extend expiring provisions under the Medicare
program, to improve beneficiary access to preventive and
mental health services, to enhance low-income benefit
programs, and to maintain access to care in rural areas,
including pharmacy access, 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 Ms. SNOWE (for herself and Mr. Kerry):
S. 3102. A bill to establish the Small Business Information
Security Task Force, and for other purposes; to the Committee
on Small Business and Entrepreneurship.
By Mr. BIDEN (for himself and Mr. Lugar) (by request):
S. 3103. A bill to amend the Iran, North Korea, and Syria
nonproliferation Act to allow certain extraordinary payments
in connection with the International Space Station; to the
Committee on Foreign Relations.
____________________
SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS
The following concurrent resolutions and Senate resolutions were
read, and referred (or acted upon), as indicated:
By Mr. SMITH (for himself and Mr. Durbin):
S. Con. Res. 87. A concurrent resolution congratulating the
Republic of Latvia on the 90th anniversary of its declaration
of independence; to the Committee on Foreign Relations.
____________________
ADDITIONAL COSPONSORS
S. 186
At the request of Mr. Specter, the name of the Senator from
California (Mrs. Feinstein) was added as a cosponsor of S. 186, a bill
to provide appropriate protection to attorney-client privileged
communications and attorney work product.
S. 411
At the request of Mr. Smith, the name of the Senator from Louisiana
(Mr. Vitter) was added as a cosponsor of S. 411, a bill to amend the
Internal Revenue Code of 1986 to provide credit rate parity for all
renewable resources under the electricity production credit.
S. 507
At the request of Mr. Conrad, the names of the Senator from Maine
(Ms. Snowe) and the Senator from Maryland (Mr. Cardin) were added as
cosponsors of S. 507, a bill to amend title XVIII of the Social
Security Act to provide for reimbursement of certified midwife services
and to provide for more equitable reimbursement rates for certified
nurse-midwife services.
S. 712
At the request of Mr. Schumer, the name of the Senator from
California (Mrs. Boxer) was added as a cosponsor of S. 712, a bill to
amend the Internal Revenue Code of 1986 to equalize the exclusion from
gross income of parking and transportation fringe benefits and to
provide for a common cost-of-living adjustment, and for other purposes.
S. 881
At the request of Mrs. Lincoln, the name of the Senator from Missouri
(Mr. Bond) was added as a cosponsor of S. 881, a bill to amend the
Internal Revenue Code of 1986 to extend and modify the railroad track
maintenance credit.
S. 911
At the request of Mr. Reed, the name of the Senator from Alaska (Mr.
Stevens) 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. 1465
At the request of Mr. Conrad, the name of the Senator from Kansas
(Mr. Roberts) was added as a cosponsor of S. 1465, a bill to amend
title XVIII of the Social Security Act to provide for coverage under
the Medicare program of certain medical mobility devices approved as
class III medical devices.
S. 2337
At the request of Mr. Grassley, the name of the Senator from North
Dakota (Mr. Conrad) was added as a cosponsor of S. 2337, a bill to
amend the Internal Revenue Code of 1986 to allow long-term care
insurance to be offered under cafeteria plans and flexible spending
arrangements and to provide additional consumer protections for long-
term care insurance.
S. 2401
At the request of Ms. Cantwell, the name of the Senator from North
Carolina (Mr. Burr) was added as a cosponsor of S. 2401, a bill to
amend the Internal Revenue Code of 1986 to allow a refund of motor fuel
excise taxes for the actual off-highway use of certain mobile machinery
vehicles.
S. 2666
At the request of Ms. Cantwell, the name of the Senator from
Connecticut (Mr. Lieberman) was added as a cosponsor of S. 2666, a bill
to amend the Internal Revenue Code of 1986 to encourage investment in
affordable housing, and for other purposes.
S. 2704
At the request of Mrs. Lincoln, the name of the Senator from North
Dakota (Mr. Conrad) was added as a cosponsor of S. 2704, a bill to
amend title XVIII of the Social Security Act to provide for Medicare
coverage of services of qualified respiratory therapists
[[Page 11817]]
performed under the general supervision of a physician.
S. 2760
At the request of Mr. Leahy, the name of the Senator from California
(Mrs. Feinstein) was added as a cosponsor 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. 2858
At the request of Ms. Mikulski, the name of the Senator from
Massachusetts (Mr. Kerry) was added as a cosponsor of S. 2858, a bill
to establish the Social Work Reinvestment Commission to provide
independent counsel to Congress and the Secretary of Health and Human
Services on policy issues associated with recruitment, retention,
research, and reinvestment in the profession of social work, and for
other purposes.
S. 2862
At the request of Mrs. Clinton, the name of the Senator from Vermont
(Mr. Leahy) was added as a cosponsor of S. 2862, a bill to provide for
National Science Foundation and National Aeronautics and Space
Administration utilization of the Arecibo Observatory.
S. 2920
At the request of Mr. Kerry, the names of the Senator from Missouri
(Mr. Bond), the Senator from Louisiana (Ms. Landrieu), the Senator from
Washington (Ms. Cantwell), the Senator from Minnesota (Mr. Coleman),
the Senator from Georgia (Mr. Isakson) and the Senator from Maryland
(Mr. Cardin) were added as cosponsors of S. 2920, a bill to reauthorize
and improve the financing and entrepreneurial development programs of
the Small Business Administration, and for other purposes.
S. 2955
At the request of Mr. Whitehouse, the name of the Senator from
Massachusetts (Mr. Kerry) was added as a cosponsor of S. 2955, a bill
to authorize funds to the Local Initiatives Support Corporation to
carry out its Community Safety Initiative.
S. 3073
At the request of Mr. Cornyn, the name of the Senator from Alabama
(Mr. Sessions) was added as a cosponsor of S. 3073, a bill to amend the
Uniformed and Overseas Citizens Absentee Voting Act to improve
procedures for the collection and delivery of absentee ballots of
absent overseas uniformed services voters, and for other purposes.
S. 3092
At the request of Mr. Menendez, the name of the Senator from
California (Mrs. Boxer) was added as a cosponsor of S. 3092, a bill to
amend the Public Health Service Act to ensure sufficient resources and
increase efforts for research at the National Institutes of Health
relating to Alzheimer's disease, to authorize an education and outreach
program to promote public awareness and risk reduction with respect to
Alzheimer's disease (with particular emphasis on education and outreach
in Hispanic populations), and for other purposes.
S. 3098
At the request of Mr. McConnell, the names of the Senator from
Oklahoma (Mr. Inhofe), the Senator from Florida (Mr. Martinez), the
Senator from Idaho (Mr. Crapo), the Senator from New Hampshire (Mr.
Sununu), the Senator from Mississippi (Mr. Wicker) and the Senator from
Nevada (Mr. Ensign) were added as cosponsors of S. 3098, a bill to
amend the Internal Revenue Code of 1986 to extend certain expiring
provisions, and for other purposes.
S. CON. RES. 86
At the request of Mr. Kerry, the name of the Senator from New York
(Mr. Schumer) was added as a cosponsor of S. Con. Res. 86, a concurrent
resolution expressing the sense of Congress that the United States,
through the International Whaling Commission, should use all
appropriate measures to end commercial whaling in all of its forms and
seek to strengthen measures to conserve whale species.
S. RES. 575
At the request of Mr. Stevens, the name of the Senator from Alabama
(Mr. Sessions) was added as a cosponsor of S. Res. 575, a resolution
expressing the support of the Senate for veteran entrepreneurs.
S. RES. 580
At the request of Mr. Bayh, the name of the Senator from Oregon (Mr.
Wyden) was added as a cosponsor of S. Res. 580, a resolution expressing
the sense of the Senate on preventing Iran from acquiring a nuclear
weapons capability.
____________________
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Ms. SNOWE (for herself and Mr. Kerry):
S. 3102. A bill to establish the Small Business Information Security
Task Force, and for other purposes; to the Committee on Small Business
and Entrepreneurship.
Ms. SNOWE. Mr. President, I rise today, with Senator John Kerry, to
introduce the Small Business Information Security Act of 2008. Not only
is this a bipartisan bill in the United States Senate, but it is also a
bicameral bill. Congressmen Manzullo and Michaud are also introducing
companion legislation in the U.S. House of Representatives. This bill
would establish within the Small Business Administration, SBA, a Small
Business Information Security Task Force to advise the SBA and help
small businesses both understand the unique information security
challenges they face, and identify resources to help meet those
challenges.
As ranking member of the Senate Committee on Small Business and
Entrepreneurship, one of my goals is to ensure small businesses are
protected from the mounting information security threats they face
every day. This legislation will create a clearinghouse of information,
resources, and tools--compiled by a task force consisting of public and
private sector experts in the field--that will ease the complexity,
confusion, and cost often associated with enhancing information
security measures within a small business. The task force will
continually update information and resources as new technologies and
threats arise.
Currently, small business owners turn to the SBA for resources
regarding a number of aspects, but information security resources
remain largely unavailable within the agency. This legislation will
present an opportunity for the SBA to develop and create a repository
of data to help small business owners meet their information security
needs. This legislation will enable industry experts to come together
and immediately provide meaningful strategies to enable small
businesses to safeguard their customer's personal information.
Computer networks are increasingly susceptible to hackers, intruders,
and other cyber criminals. In fact, in my home state of Maine, the
retail supermarket chain, Hannaford Bros., was recently affected by an
intrusion into their computer system which led to the exposure of 4.2
million credit and debit card numbers. What many people do not realize
is that a breach like Hannaford's impacts not only the millions of
customers whose personal data was compromised, but it also has serious
downstream impact on our Nation's small businesses. For example,
throughout Maine there are many small banks; these banks are
responsible for protecting and alerting their depositors upon
fraudulent activity. Following the Hannaford breach, many small banks
had to replace their customers' credit and debit cards, clearly a
costly enterprise that diverts resources from more productive
activities, such as small business lending. The bill we are introducing
today will help ameliorate this problem.
Unfortunately, these attacks are becoming more frequent and more
severe, and the perpetrators are becoming harder to identify and bring
to justice. According to a survey by the Small Business Technology
Institute, more than half of all small businesses in the U.S.
experienced a security breach in the last year. Furthermore, the study
[[Page 11818]]
concludes that nearly one-fifth of small businesses do not use virus-
scanning for e-mail, over 60 percent do not protect their wireless
networks with encryption, and two-thirds of small businesses do not
have an information security plan.
As these statistics illustrate, small businesses are increasingly at
risk of data breaches and other forms of malicious attacks on their
information technology infrastructure. Cyber attacks launched by a
small group of people can devastate America financially, it is
conceivable that a few individuals working together could disable
millions of computers at a cost of hundreds of millions to the U.S.
economy. Cyber-criminals can hold hostage not just a few individuals,
but millions of small businesses. This legislation provides best
practices to help small business owners decrease the risk cyber attacks
pose to their customers.
The information security threat posed to our Nation's small
businesses is serious, and our efforts to prevent and reduce this risk
carry a tremendous sense of urgency. We must continue to focus on ways
we can protect small businesses, and their customers, from the serious
consequences of cyber crimes. In order to take an important first step,
I encourage all of my colleagues to support this critical legislation,
and I hope we can see this commonsense legislation enacted into law as
expeditiously as possible.
Mr. President. I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3102
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 ``Small Business Information
Security Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632); and
(3) the term ``task force'' means the task force
established under section 3(a).
SEC. 3. INFORMATION SECURITY TASK FORCE.
(a) Establishment.--The Administrator shall establish a
task force, to be known as the Small Business Information
Security Task Force, to address the information technology
security needs of small business concerns.
(b) Duties.--The task force shall--
(1) identify--
(A) the information technology security needs of small
business concerns; and
(B) the programs and services provided by the Federal
Government, State Governments, and nongovernment
organizations that serve those needs;
(2) assess the extent to which the programs and services
identified under paragraph (1)(B) serve the needs identified
under paragraph (1)(A);
(3) make recommendations to the Administrator on how to
more effectively serve the needs identified under paragraph
(1)(A) through--
(A) programs and services identified under paragraph
(1)(B); and
(B) new programs and services promoted by the task force;
(4) make recommendations on how the Administrator may
promote--
(A) new programs and services that the task force
recommends under paragraph (3)(B); and
(B) programs and services identified under paragraph
(1)(B);
(5) make recommendations on how the Administrator may
inform and educate with respect to--
(A) the needs identified under paragraph (1)(A);
(B) new programs and services that the task force
recommends under paragraph (3)(B); and
(C) programs and services identified under paragraph
(1)(B);
(6) make recommendations on how the Administrator may more
effectively work with public and private interests to address
the information technology security needs of small business
concerns; and
(7) make recommendations on the creation of a permanent
advisory board that would make recommendations to the
Administrator on how to address the information technology
security needs of small business concerns.
(c) Internet Website Recommendations.--The task force shall
make recommendations to the Administrator relating to the
establishment of an Internet website to be used by the
Administration to receive and dispense information and
resources with respect to the needs identified under
subsection (b)(1)(A) and the programs and services identified
under subsection (b)(1)(B). As part of the recommendations,
the task force shall identify the Internet sites of
appropriate programs, services, and organizations, both
public and private, to which the Internet website should
link.
(d) Education Programs.--The task force shall make
recommendations to the Administrator relating to developing
additional education materials and programs with respect to
the needs identified under subsection (b)(1)(A).
(e) Existing Materials.--The task force shall organize and
distribute existing materials that inform and educate with
respect to the needs identified under subsection (b)(1)(A)
and the programs and services identified under subsection
(b)(1)(B).
(f) Coordination With Public and Private Sector.--In
carrying out its responsibilities under this section, the
task force shall coordinate with, and may accept materials
and assistance as it determines appropriate from--
(1) any subordinate officer of the Administrator;
(2) any organization authorized by the Small Business Act
to provide assistance and advice to small business concerns;
(3) other Federal agencies, their officers, or employees;
and
(4) any other organization, entity, or person not described
in paragraph (1), (2), or (3).
(g) Chair and Vice-Chair.--The task force shall have--
(1) a Chair, appointed by the Administrator; and
(2) a Vice-Chair, appointed by the Administrator, in
consultation with appropriate nongovernmental organizations,
entities, or persons.
(h) Members.--
(1) Chair and vice-chair.--The Chair and the Vice-Chair
shall serve as members of the task force.
(2) Additional members.--
(A) In general.--The task force shall have additional
members, each of whom shall be appointed by the Chair, with
the approval of the Administrator.
(B) Number of members.--The number of additional members
shall be determined by the Chair, in consultation with the
Administrator, except that--
(i) the additional members shall include, for each of the
groups specified in paragraph (3), at least 1 member
appointed from within that group; and
(ii) the number of additional members shall not exceed 13.
(3) Groups represented.--The groups specified in this
paragraph are--
(A) subject matter experts;
(B) users of information technologies within small business
concerns;
(C) vendors of information technologies to small business
concerns;
(D) academics with expertise in the use of information
technologies to support business;
(E) small business trade associations;
(F) Federal, State, or local agencies engaged in securing
cyberspace; and
(G) information technology training providers with
expertise in the use of information technologies to support
business.
(i) Meetings.--
(1) Frequency.--The task force shall meet at least 2 times
per year, and more frequently if necessary to perform its
duties.
(2) Quorum.--A majority of the members of the task force
shall constitute a quorum.
(3) Location.--The Administrator shall designate, and make
available to the task force, a location at a facility under
the control of the Administrator for use by the task force
for its meetings.
(4) Minutes.--
(A) In general.--Not later than 90 days after each meeting,
the task force shall publish the minutes of the meeting and
shall submit to Administrator any findings or recommendations
approved at the meeting.
(B) Submission to congress.--Not later than 60 days after
the date that the Administrator receives minutes under
subparagraph (A), the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives such minutes, together with any comments the
Administrator considers appropriate.
(5) Findings.--
(A) In general.--Not later than the date that the task
force terminates under subsection (m), the task force shall
submit to the Administrator a final report on any findings
and recommendations of the task force approved at a meeting
of the task force.
(B) Submission to congress.--Not later than 90 days after
the date that the Administrator receives the report under
subparagraph (A), the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives the full text of the report submitted under
subparagraph (A), together with any comments the
Administrator considers appropriate.
(j) Personnel Matters.--
[[Page 11819]]
(1) Compensation of members.--Each member of the task force
shall serve without pay for their service on the task force.
(2) Travel expenses.--Each member of the task force shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(3) Detail of SBA employees.--The Administrator may detail,
without reimbursement, any of the personnel of the
Administration to the task force to assist it in carrying out
its duties. Such a detail shall be without interruption or
loss of civil status or privilege.
(4) SBA support of the task force.--Upon the request of the
task force, the Administrator shall provide to the task force
the administrative support services that the Administrator
and the Chair jointly determine to be necessary for the task
force to carry out its duties.
(k) Not Subject to Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the task force.
(l) Startup Deadlines.--The initial appointment of the
members of the task force shall be completed not later than
90 days after the date of enactment of this Act, and the
first meeting of the task force shall be not later than 180
days after the date of enactment of this Act.
(m) Termination.--
(1) In general.--Except as provided in paragraph (2), the
task force shall terminate at the end of fiscal year 2012.
(2) Exception.--If, as of the termination date under
paragraph (1), the task force has not complied with
subsection (i)(4) with respect to 1 or more meetings, then
the task force shall continue after the termination date for
the sole purpose of achieving compliance with subsection
(i)(4) with respect to those meetings.
(n) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $200,000 for
each of fiscal years 2009 through 2012.
______
By Mr. BIDEN (for himself and Mr. Lugar) (by request):
S. 3103. A bill to amend the Iran, North Korea, and Syria
nonproliferation Act to allow certain extraordinary payments in
connection with the International Space Station; to the Committee on
Foreign Relations.
Mr. BIDEN. Today Senator Lugar and I introduce, by request, the
International Space Station Payments Act of 2008. This measure would
enable the National Aeronautics and Space Administration to continue
payments to Russia related to the International Space Station after
2011.
As with any legislation proposed by request, we introduce this bill
for the purpose of placing the Executive branch's proposals before
Congress and the public without expressing our own views on the
substance of the proposals. As chairman and ranking member of the
Committee on Foreign Relations, we intend to give the administration's
requested legislation careful review and consideration.
The Administrator of NASA, Michael Griffin, has submitted this
legislation to the committee, along with a section-by-section analysis
that helps to explain why NASA wants this legislation and what they
believe it will achieve. Mr. President, I ask unanimous consent that a
letter of support and a section-by-section analysis be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record as follows:
National Aeronautics and
Space Administration,
Washington, DC, April 11, 2008.
Hon. Joseph R. Biden,
Chairman, Committee on Foreign Relations,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The National Aeronautics and Space
Administration (NASA) proposes the enclosed amendment to the
Iran, North Korea, and Syria Nonproliferation Act (50 USC
1701 note). The purpose of the amendment is to permit NASA to
continue to procure Russian support for the International
Space Station (ISS) until suitable U.S. capabilities are in
place. We urge enactment of this important amendment.
The amendment provides a balanced approach, maintaining
both U.S. nonproliferation principles and objectives as well
as a U.S. presence on ISS. The justification and purpose for
this proposed amendment are stated more fully in the enclosed
sectional analysis. As an overview, NASA has procured Soyuz
services through the fall of 2011, consistent with existing
authority under the Act. However, U.S. obligations to provide
crew transportation and emergency services to the ISS
continue beyond 2011, and Soyuz will be the only viable
option for the United States to meet these obligations until
the U.S. Orion Crew Exploration Vehicle or U.S. commercial
providers can provide such transportation and rescue
services. Fabrication of Soyuz vehicles must begin
approximately 36 months prior to launch, according to the
responsible Russian entities. Thus, unless contractual
arrangements for the provision of crew rescue and rotation
services beyond 2011 are concluded in 2008, the production of
Soyuz vehicles for U.S. crew transportation requirements will
be at risk. This, in turn, means that prompt legislative
action is needed to provide further relief beyond 2011 and
allow for the negotiation of these arrangements.
The Office of Management and Budget advises that there is
no objection to the submission of this legislation from the
standpoint of the Administration's program.
Sincerely,
Michael D. Griffin,
Administrator.
____
Amendment to the Iran, North Korea, and Syria Nonproliferation Act
Sectional Analysis
The Administration remains committed to the important
objective of persuading the Russian Government and Russian
entities to improve their nonproliferation efforts regarding
Iran, North Korea, and Syria. Accordingly, the proposed
amendment to the Iran, North Korea, and Syria
Nonproliferation Act (the Act) would maintain key existing
U.S. nonproliferation tools while allowing payments to
Russian entities that support U.S. obligations to the
International Space Station (ISS) beyond December 31, 2011.
The provision would extend the Act's exception to the
prohibition on ``extraordinary payments'' to the Russian
government and Russian entities for goods or services
relating to the ISS from January 1, 2012 to the end of the
life of the ISS. It would exclude from the exception any
payments after December 31, 2011 for cargo services provided
by a Progress vehicle. The new provision would also exclude
from the exception payments for crew transportation or rescue
services provided by a Soyuz vehicle once (1) the U.S. Orion
Crew Exploration Vehicle reaches Full Operational Capability
or (2) a U.S. commercial provider of crew transportation and
rescue services demonstrates the capability to meet ISS
mission requirements.
An international partnership governed by an
Intergovernmental Agreement (IGA) among the United States,
Canada, multiple European States, Japan and Russia
established the ISS. This partnership is a long-standing and
interdependent one, with roles and responsibilities outlined
in the IGA and subordinate agreements for design, development
and operations of the program. Pursuant to the IGA and
subordinate agreements, NASA has an obligation to its non-
Russian ISS Partners to provide crew rotation and rescue
services during the life of the ISS. Currently, the Russian
vehicle Soyuz is the sole provider of rescue services, with
the Space Shuttle providing crew transportation. After
Shuttle retirement, the partnership will be dependent on
Russia to provide both crew transportation and rescue
services with Soyuz until the U.S. Orion Crew Exploration
Vehicle (CEV) achieves Full Operational Capability (currently
projected for 2016) and can provide crew transportation and
rescue services, or a U.S. commercial provider can
demonstrate the capability to provide crew transportation and
rescue services to meet ISS mission needs.
NASA has procured Soyuz services through the fall of 2011,
consistent with existing authority under the Act. Fabrication
of Soyuz vehicles must begin approximately 36 months prior to
launch based upon information provided by the Russian
entities responsible for manufacturing these vehicles. Thus,
unless contractual arrangements for rescue and crew rotation
services after 2011 are concluded in 2008, the production of
Soyuz vehicles for U.S. crew transfer and rescue will be at
risk. This in turn means that prompt legislative action is
needed to provide further relief beyond 2011 and allow for
the negotiation of these arrangements.
Absent the proposed relief, the United States will be
unable to meet one of its most critical partner obligations:
providing crew transportation and rescue services to
European, Japanese and Canadian crews. The United States
would not have an American ``presence'' aboard the ISS,
either in terms of astronauts or access to research
facilities for the U.S. scientific community, if we could not
purchase crew transportation and rescue services from Russia,
as no non-Russian crew transfer vehicles will be available
until the CEV reaches full operational capability or a U.S.
commercial provider demonstrates the capability to meet ISS
crew transportation and rescue needs. Given NASA's
operational, engineering, safety and other responsibilities
for the ISS, NASA is concerned whether the ISS could remain
fully operational for any significant time period absent an
American presence.
Moreover, the authority under the present exception to the
Act has been used to obtain ancillary goods and services from
Russia in addition to crew transport and rescue. For example,
although purchased from Russia, the Zarya module is legally a
U.S. element under the Space Station agreements and
[[Page 11820]]
NASA must purchase unique tools and engineering support, such
as sustaining software, from Russia for the continued
operation of the module. NASA will have a continuing
requirement to procure certain goods and services where
Russia offers unique capabilities, such as those related to
Russian space suits, software and hardware engineering
support, and Extravehicular Activity tools and training,
which are required for effective operations onboard the ISS.
This amendment will allow NASA to continue to purchase such
goods and services that are necessary to meet U.S.
responsibilities under the Space Station Agreements.
In addition, this limited relief being requested (i.e.,
through the life of the ISS) may be necessary even after a
U.S. commercial capability is available, because some
potential U.S. commercial providers of cargo services and of
crew transportation and rescue services have Russian
contractors or other relationships with Russian entities
that, without this amendment, could trigger the Act's
``extraordinary payment'' prohibition.
With respect to furthering the United States'
nonproliferation objectives and tools, in addition to the
positive incentive provided by prudent, closely monitored
space cooperation in areas of great benefit to the United
States, the proposed amendment would not affect the current
nonproliferation framework. The first five sections of the
Act establish a requirement to report to Congress on every
foreign person that transfers controlled items to, or
acquires controlled items from, Iran, Syria or North Korea
and authorizes sanctions against such foreign persons. These
key reporting and sanctions provisions would not be affected
by the proposed amendment. In addition, the amendment leaves
in place the ban on any United States government agency
making extraordinary payments in connection with the ISS or
other human space flight to any persons (including entities)
subject to sanctions under the Act or the Proliferation of
Weapons of Mass Destruction Executive Order (E.O. 12938, as
amended by E.O. 13094) or if the U.S. government agency (in
consultation with other interested U.S. government agencies)
anticipates that such payments will be passed on to such
persons. Finally, specific proposals for cooperation with
Russia would continue to be subject to review under relevant
mechanisms such as the State Department's Circular 175
process for interagency review of international agreements.
Likewise, export and import licensing regulations would
ensure that U.S. nonproliferation objectives are maintained.
____________________
SUBMITTED RESOLUTIONS
______
SENATE CONCURRENT RESOLUTION 87--CONGRATULATING THE REPUBLIC OF LATVIA
ON THE 90TH ANNIVERSARY OF ITS DECLARATION OF INDEPENDENCE
Mr. SMITH (for himself and Mr. Durbin) submitted the following
concurrent resolution; which was referred to the Committee on Foreign
Relations:
S. Con. Res. 87
Whereas, on November 18, 1918, in the City of Riga, the
members of the People's Council proclaimed Latvia a free,
democratic, and sovereign nation;
Whereas, on July 24, 1922, the United States formally
recognized Latvia as an independent and sovereign nation;
Whereas Latvia existed for 21 years as an independent and
sovereign nation and a fully recognized member of the League
of Nations;
Whereas Latvia maintained friendly and stable relations
with its neighbors, including the Soviet Union, during its
independence, without any border disputes;
Whereas Latvia concluded several peace treaties and
protocols with the Soviet Union, including a peace treaty
signed on August 11, 1920, under which the Soviet Union
``unreservedly recognize[d] the independence and sovereignty
of the Latvian State and forever renounce[d] all sovereign
rights . . . over the Latvian people and territory'';
Whereas, despite friendly and mutually productive relations
between Latvia and the Soviet Union, on August 23, 1939, Nazi
Germany and the Soviet Union signed the Molotov-Ribbentrop
Pact, which contained a secret protocol assigning Latvia,
Estonia, and Lithuania to the Soviet sphere of influence;
Whereas, under the cover of the Molotov-Ribbentrop Pact, on
June 17, 1940, Latvia, Estonia, and Lithuania were forcibly
incorporated into the Soviet Union in violation of pre-
existing peace treaties;
Whereas the Soviet Union imposed upon the people of
Estonia, Latvia, and Lithuania a communist political system
that stifled civil dissent, free political expression, and
basic human rights;
Whereas the United States never recognized this illegal and
forcible occupation, and successive United States presidents
maintained continuous diplomatic relations with these
countries throughout the Soviet occupation, never accepting
them to be ``Soviet Republics'';
Whereas, during the 50 years of Soviet occupation of the
Baltic states, Congress strongly, consistently, and on a
bipartisan basis supported a United States policy of legal
non-recognition;
Whereas, in 1953, the congressionally-established Kersten
Commission investigated the incorporation of Latvia, Estonia,
and Lithuania into the Soviet Union and determined that the
Soviet Union had illegally and forcibly occupied and annexed
the Baltic countries;
Whereas, in 1982, and for the next nine years until the
Baltic countries regained their independence, Congress
annually adopted a Baltic Freedom Day resolution denouncing
the Molotov-Ribbentrop Pact and appealing for the freedom of
the Baltic countries;
Whereas, in 1991, Latvia, Estonia, and Lithuania regained
their de facto independence and were quickly recognized by
the United States and by almost every other country in the
world, including the Soviet Union;
Whereas, in 1998, the United States and the three Baltic
nations signed the U.S.-Baltic Charter of Partnership, an
expression of the importance of the Baltic Sea region to
United States interests;
Whereas the 109th Congress resolved (S. Con. Res. 35 and H.
Res. 28) that ``it is the sense of Congress that the
Government of the Russian Federation should issue a clear and
unambiguous statement of admission and condemnation of the
illegal occupation and annexation by the Soviet Union from
1940 to 1991 of the Baltic countries of Estonia, Latvia and
Lithuania, the consequences of which will be a significant
increase in good will among the affected people'';
Whereas Latvia has successfully developed as a free and
democratic country, ensured the rule of law, and developed a
free market economy;
Whereas the Government of Latvia has constantly pursued a
course of integration of that country into the community of
free and democratic nations, becoming a full and responsible
member of the United Nations, the Organization for Security
and Cooperation in Europe, the European Union, and the North
Atlantic Treaty Organization;
Whereas the people of Latvia cherish the principles of
political freedom, human rights, and independence; and
Whereas Latvia is a strong and loyal ally of the United
States, and the people of Latvia share common values with the
people of the United States: Now, therefore, be it
Resolved by the Senate (the House of Representatives
concurring), That Congress--
(1) congratulates the people of Latvia on the occasion of
the 90th anniversary of that country's November 18, 1918,
declaration of independence;
(2) commends the Government of Latvia for its success in
implementing political and economic reforms, for establishing
political, religious and economic freedom, and for its strong
commitment to human and civil rights;
(3) recognizes the common goals and shared values of the
people of Estonia, Latvia, and Lithuania, the close and
friendly relations and ties of the three Baltic countries
with one other, and their tragic history in the last century
under the Nazi and Soviet occupations;
(4) calls on the President to issue a proclamation
congratulating the people of Latvia on the 90th anniversary
of the declaration of Latvia's independence on November 18,
1918;
(5) respectfully requests the President to congratulate the
Government of Latvia for its commitment to democracy, a free
market economy, human rights, the rule of law, participation
in a wide range of international structures, and security
cooperation with the United States Government; and
(6) calls on the President and Secretary of State to urge
the Government of the Russian Federation to acknowledge that
the Soviet occupation of Latvia, Estonia, and Lithuania under
the Molotov-Ribbentrop Pact and for the succeeding 51 years
was illegal.
Mr. SMITH. Mr. President, I rise today to introduce a bill with my
distinguished colleague, the senior Senator from Illinois,
commemorating the 90th anniversary of Latvia's independence.
This past century saw more than its share of tragedy, as the twin
evils of fascism and communism seeded mankind with misery unknown to
earlier generations. Nazi and Soviet totalitarianism did their best to
stamp out the individualistic spirit among their adherents, and forge
them instead into a single mailed fist suited only for war, plunder,
and oppression. Though the struggle against both was long and often
dark, rays of light continually pierced the clouds. One such ray was
the establishment of Israel, whose 60th anniversary we are
commemorating this year. Another was the independence, sporadic though
it began, of independent Baltic republics like Latvia. The modern state
of Latvia was born in days of hope after the calamity of the Great War,
days when so many of the subjugated peoples of Europe achieved
independence. On November 18, 1918,
[[Page 11821]]
Latvia became free. The U.S. recognized Latvia less than 4 years later.
It is both Latvia's blessing and its curse to sit on a historical
crossroads. The Baltic region has been an important trading hub for
hundreds of years, stretching back to the days of Vikings and
Byzantium. Latvians, surrounded by powerful neighbors and wealthy
trading states, have thus led a perilous existence. Tragically, but not
fatally, Latvia's post-1918 existence was to be similarly perilous.
Through a secret protocol with the Nazis, the U.S.S.R. occupied Latvia
in the beginning of World War II, and retained control until the final
collapse of the Soviet state in 1991. At that moment, ravished by
communism and beset by historical injustice, Latvians made a bold
choice to build a free, democratic, and prosperous Western-oriented
society. They have since succeeded brilliantly, achieving high levels
of economic and political freedom, and enjoying one of the highest
living standards among ex-communist countries. Latvia today stands as a
model of Western, free-market democracy, and America stands with it.
I am very proud that Latvia is no longer in peril. It is a valuable
member of NATO, and leads a new wave of pro-growth nations in the
European Union. I am honored to introduce this resolution with Senator
Durbin, and commend Latvia on its 90th anniversary of independence.
____________________
NOTICE OF HEARING
Committee on Energy and Natural Resources
Mr. BINGAMAN. Mr. President, I would like to announce for the
information of the Senate and the public an addition to a previously
announced hearing before the Committee on Energy and Natural Resources,
Subcommittee on National Parks.
The hearing will be held on June 17, 2008, at 2:30 p.m., in room SD-
366 of the Dirksen Senate Office Building.
In addition to the other measures previously announced, the
subcommittee will also consider S. 3096, a bill to amend the National
Cave and Karst Research Institute Act of 1998 to authorize
appropriations for the National Cave and Karst Research Institute.
Because of the limited time available for the hearing, witnesses may
testify by invitation only. However, those wishing to submit written
testimony for the hearing record should send it to the Committee on
Energy and Natural Resources, United States Senate, Washington, DC
20510-6150, or by email to [email protected]
.gov.
For further information, please contact David Brooks at (202) 224-
9863 or Rachel Pasternack at (202) 224-0883.
____________________
SIGNING AUTHORIZATION
Mrs. MURRAY. Mr. President, I ask unanimous consent that the majority
leader, Senator Reid of Nevada, be authorized to sign duly enrolled
bills and joint resolutions through June 16, 2008.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
ORDERS FOR TUESDAY, JUNE 10, 2008
Mrs. MURRAY. Mr. President, I ask unanimous consent that when the
Senate completes its business today, it stand adjourned until 10 a.m.
tomorrow, Tuesday, June 10; that following the prayer and 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 the Senate then resume consideration of the motion to
proceed to S. 3044, the Consumer-First Energy Act; that there be 1 hour
for debate prior to the cloture vote, equally divided and controlled
between the two leaders or their designees, with the final 20 minutes
equally divided between the two leaders or their designees, with the
majority leader controlling the final 10 minutes prior to the cloture
vote on the motion to proceed.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PROGRAM
Mrs. MURRAY. Mr. President, tomorrow Senators should expect that the
first rollcall vote will begin shortly after 11 a.m. and that vote will
be on the motion to invoke cloture on the motion to proceed to the
Consumer-First Energy Act.
____________________
ORDER FOR ADJOURNMENT
Mrs. MURRAY. Mr. President, if there is no further business to come
before the Senate, I ask unanimous consent that the Senate stand
adjourned under the previous order, following the remarks of Senator
Baucus.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. MURRAY. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BAUCUS. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
MORNING BUSINESS
Mr. BAUCUS. Mr. President, I ask unanimous consent that the Senate
proceed to a period of morning business, with Senators permitted to
speak for up to 10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
ENERGY PACKAGE WITH EXTENDERS
Mr. BAUCUS. Mr. President, last Friday a cloture motion was filed on
H.R. 6049, the Renewable Energy Job Creation Act of 2008. This bill
contains a robust energy package, with about $17 billion in incentives
for alternative energy, for efficiency, and for clean coal. This
package is important for our environment, for energy security, and to
facilitate the transition to a carbon-controlled economy.
It extends expiring individual provisions. These include the teacher
expense deduction and the qualified tuition deduction. The bill also
extends expiring business provisions. These include the research and
development tax credit and the active finance expensing provision.
These business provisions help keep America competitive in the global
economy. These business provisions help maintain and create jobs. If
these individual and business provisions are not extended, millions of
families and businesses would have a huge tax increase. This is all
paid for with two revenue raisers that no one has a problem with,
revenue raisers that are sound tax policy.
Some might argue we should not increase taxes to pay for tax cuts,
but these revenue raisers are not tax increases. The first provision is
an extension of the effective date of the worldwide allocation of
interest, delaying application of that provision. This section of the
code is scheduled to take effect for tax years beginning after December
31, 2008. Many of the companies that will benefit from this provision
have told me they would rather have business extenders, including R&D,
active financing, and CFC look through, in exchange for a delayed
application of the worldwide allocation of interest. These companies
realize that in order to get extenders done now, they, along with the
Congress, must pay for these provisions. These companies have made a
choice. I believe it is a sound choice.
The second provision is offshore deferred compensation. This
provision prevents hedge fund managers from deferring income. This is
not an increase in tax on hedge fund managers; rather, it is a change
in the timing of when income tax will be applied. This is a timing
issue, not a tax increase, and the proposal is sound tax policy. Some
argue we should not pay to extend current tax benefits. This is a new
one. When the other side was in the majority, several bills passed
extending provisions, and they were paid for.
So this week the Senate is faced with a choice, a choice that, in my
opinion, is relatively easy. We need to decide
[[Page 11822]]
whether we will develop new jobs and new medications or we can continue
to allow hedge fund managers to defer without limitation their
compensation for investing other people's money. I believe the choice
is easy. We must pass this package of expiring provisions.
I also believe the substitute I will offer will include fixing the
AMT, taxes American taxpayers would otherwise have to pay--a so-called
AMT patch. That prevents Americans from having to increase their tax
liability in a way which I think would not be fair. As I said earlier,
the extenders package will be paid for. The AMT patch will not be paid
for. Why, some might ask. That is basically because I think it is
important to recognize the reality that at the end of day, it will not
be paid for, so I, therefore, believe it is important to include the
AMT patch in something that is going to be fixed. It is not going to be
paid for at the end; whereas, other provisions will be. That is the
reason for including both in this bill. The extenders paid for, the AMT
patch not paid for.
I yield the floor.
____________________
ADJOURNMENT UNTIL 10 A.M. TOMORROW
The PRESIDING OFFICER. The Senate stands adjourned until 10 a.m.
tomorrow.
Thereupon, the Senate, at 6:39 p.m., adjourned until Tuesday, June
10, 2008, at 10 a.m.
[[Page 11823]]
HOUSE OF REPRESENTATIVES--Monday, June 9, 2008
The House met at 12:30 p.m. and was called to order by the Speaker
pro tempore (Mr. Perlmutter).
____________________
DESIGNATION OF SPEAKER PRO TEMPORE
The SPEAKER pro tempore laid before the House the following
communication from the Speaker:
Washington, DC,
June 9, 2008.
I hereby appoint the Honorable Ed Perlmutter to act as
Speaker pro tempore on this day.
Nancy Pelosi,
Speaker of the House of Representatives.
____________________
MORNING-HOUR DEBATE
The SPEAKER pro tempore. Pursuant to the order of the House of
January 4, 2007, the Chair will now recognize Members from lists
submitted by the majority and minority leaders for morning-hour debate.
____________________
RECESS
The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the
Chair declares the House in recess until 2 p.m. today.
Accordingly (at 12 o'clock and 31 minutes p.m.), the House stood in
recess until 2 p.m.
____________________
{time} 1400
AFTER RECESS
The recess having expired, the House was called to order by the
Speaker pro tempore (Mr. Larsen of Washington) at 2 p.m.
____________________
PRAYER
The Chaplain, the Reverend Daniel P. Coughlin, offered the following
prayer:
Lord God, by turning to You with faith, all can find lasting wisdom
and clear direction, whether an individual or a nation. When in a cloud
of confusion, You can offer a ray of light. When undecided because of
many options, You can surface deepest convictions. When distracted or
wandering around aimlessly, You can bring any of us back to center.
When bored with routine, You can create a surprise of new life. When
smothered with disappointments, You can breathe the fresh breath of
hope. When overwhelmed with an agenda, You can bring into focus
priorities. When feeling most vulnerable, You are Our Strength now and
forever.
Amen.
____________________
THE JOURNAL
The SPEAKER pro tempore. The Chair has examined the Journal of the
last day's proceedings and announces to the House his approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.
____________________
PLEDGE OF ALLEGIANCE
The SPEAKER pro tempore. Will the gentleman from Ohio (Mr. Latta)
come forward and lead the House in the Pledge of Allegiance.
Mr. LATTA 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.
____________________
IMPORTANT ENERGY POLICIES
(Mr. LATTA asked and was given permission to address the House for 1
minute.)
Mr. LATTA. Mr. Speaker, as another week passes and gas prices
continue to hit all-time record highs each day, our constituents want
answers from Congress. Because there is no one single fix to stabilize
the energy prices, we must have a comprehensive, realistic plan.
Last month I introduced House Resolution 1206 which promotes five
important energy policies that I believe will assist Congress as we
develop our comprehensive energy plan.
The five points within House Resolution 1206 include promotion and
expansion of renewable alternative energy sources, increasing domestic
refining capacity, promotion of conservation, increasing energy
efficiency, expansion of research and development for domestic
exploration, and enhancement of consumer education.
House Resolution 1206 is one piece of our energy puzzle, but an
important one as Congress seeks to improve our Nation's comprehensive
energy policy.
____________________
COMMUNICATION FROM THE CLERK OF THE HOUSE
The SPEAKER pro tempore laid before the House the following
communication from the Clerk of the House of Representatives:
Office of the Clerk,
House of Representatives,
Washington, DC, June 6, 2008.
Hon. Nancy Pelosi,
The Speaker, House of Representatives,
Washington, DC.
Dear Madam Speaker: Pursuant to the permission granted in
Clause 2(h) of Rule II of the Rules of the U.S. House of
Representatives, the Clerk received the following message
from the Secretary of the Senate on June 6, 2008, at 9:10
a.m.:
That the Senate passed without amendment H.R. 3913.
That the Senate passed S. 2482.
That the Senate agreed to without amendment H. Con. Res.
311.
With best wishes, I am
Sincerely,
Lorraine C. Miller,
Clerk of the House.
____________________
COMMUNICATION FROM THE CLERK OF THE HOUSE
The SPEAKER pro tempore laid before the House the following
communication from the Clerk of the House of Representatives:
Office of the Clerk,
House of Representatives,
Washington, DC, June 6, 2008.
Hon. Nancy Pelosi,
The Speaker, House of Representatives,
Washington, DC.
Dear Madam Speaker: Pursuant to the permission granted in
Clause 2(h) of Rule II of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on June 6, 2008, at
3:27 p.m. and said to contain a message from the President
whereby he submits a copy of a notice filed earlier with the
Federal Register continuing the emergency with respect to
Belarus first declared in Executive Order 13405 of June 16,
2006.
With best wishes, I am
Sincerely,
Lorraine C. Miller,
Clerk of the House.
____________________
CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO BELARUS--MESSAGE
FROM THE PRESIDENT OF THE UNITED STATES (H. DOC. NO. 110-121)
The SPEAKER pro tempore laid before the House the following message
from the President of the United States; which was read and, together
with the accompanying papers, without objection, referred to the
Committee on Foreign Affairs and ordered to be printed:
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d))
provides for the automatic termination of a national emergency unless,
prior to the
[[Page 11824]]
anniversary date of its declaration, the President publishes in the
Federal Register and transmits to the Congress a notice stating that
the emergency is to continue in effect beyond the anniversary date. In
accordance with this provision, I have sent to the Federal Register for
publication the enclosed notice stating that the national emergency and
related measures blocking the property of certain persons undermining
democratic processes or institutions in Belarus are to continue in
effect beyond June 16, 2008.
The actions and policies of certain members of the Government of
Belarus and other persons pose a continuing unusual and extraordinary
threat to the national security and foreign policy of the United
States. These actions include undermining democratic processes or
institutions; committing human rights abuses related to political
repression, including detentions and disappearances; and engaging in
public corruption, including by diverting or misusing Belarusian public
assets or by misusing public authority. For these reasons, I have
determined that it is necessary to continue the national emergency and
related measures blocking the property of certain persons undermining
democratic processes or institutions in Belarus.
George W. Bush.
The White House, June 6, 2008.
____________________
RESIGNATION AS MEMBER OF COMMITTEE ON FINANCIAL SERVICES
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Financial Services:
Congress of the United States,
House of Representatives,
Washington, DC, June 5, 2008.
Hon. Nancy Pelosi,
Speaker of the House, U.S. Capitol Building,
Washington, DC.
Dear Leader Pelosi: I am writing to notify you of my
resignation from the Committee on Financial Services,
effective today.
Thank you for your attention to this matter.
Respectfully yours,
Dan Boren,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
____________________
RESIGNATION AS MEMBER OF COMMITTEE ON AGRICULTURE
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Agriculture:
Congress of the United States,
House of Representatives,
Washington, DC, June 5, 2008.
Hon. Nancy Pelosi,
Speaker of the House, House of Representatives, The Capitol,
Washington, DC.
Dear Leader Pelosi: I am writing to notify you of my
resignation from the Committee on Agriculture, effective
today. I have appreciated the opportunity to serve my
district and the U.S. House of Representatives in this
capacity.
Thank you for your attention to this matter.
Sincerely,
Lincoln Davis,
Member of Congress.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
____________________
RESIGNATION AS MEMBER OF COMMITTEE ON FINANCIAL SERVICES
The SPEAKER pro tempore laid before the House the following
resignation as a member of the Committee on Financial Services:
Congress of the United States,
House of Representatives,
Washington, DC, June 6, 2008.
Hon. Nancy Pelosi,
Speaker of the House, U.S. Capitol Building,
Washington, DC.
Dear Madam Speaker: I am writing to notify you of my
resignation from the Committee on Financial Services,
effective today.
Thank you for your attention to this matter.
With warm regards,
Robert Wexler.
The SPEAKER pro tempore. Without objection, the resignation is
accepted.
There was no objection.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair
will postpone further proceedings today on motions to suspend the rules
on which a recorded vote or the yeas and nays are ordered, or on which
the vote is objected to under clause 6 of rule XX.
Record votes on postponed questions will be taken after 6:30 p.m.
today.
____________________
SEQUOIA AND KINGS CANYON NATIONAL PARK WILDERNESS ACT OF 2008
Mr. COSTA. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3022) to designate the John Krebs Wilderness in the State of
California, to add certain land to the Sequoia-Kings Canyon National
Park Wilderness, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3022
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 ``Sequoia and Kings Canyon
National Parks Wilderness Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of
California.
SEC. 3. DESIGNATION OF WILDERNESS AREAS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) John krebs wilderness.--
(A) Designation.--Certain land in Sequoia and Kings Canyon
National Parks, comprising approximately 69,500 acres of
land, and 130 acres of potential wilderness additions as
generally depicted on the map numbered 102/60014a, titled
``John Krebs Wilderness'', and dated March 10, 2008.
(B) Limitations.--The designation of the wilderness under
subparagraph (A) does not preclude operation and maintenance
of the existing Hockett Meadow Cabin and Quinn Patrol Cabin
in the same manner and degree in which the cabins were
operated and maintained on the day before the date of
enactment of this Act.
(C) Effect.--Nothing in this paragraph affects--
(i) the cabins in, and adjacent to, Mineral King Valley; or
(ii) the private inholdings known as ``Silver City'' and
``Kaweah Han''.
(D) Potential wilderness additions.--The designation of the
potential wilderness additions under subparagraph (A) shall
not prohibit the operation, maintenance, and repair of the
small check dams and water impoundments on Lower Franklin
Lake, Crystal Lake, Upper Monarch Lake, and Eagle Lake. The
Secretary is authorized to allow the use of helicopters for
the operation, maintenance, and repair of the small check
dams and water impoundments on Lower Franklin Lake, Crystal
Lake, Upper Monarch Lake, and Eagle Lake. The potential
wilderness additions shall be designated as wilderness and
incorporated into the John Krebs Wilderness established by
this Act upon termination of the non-conforming uses.
(2) Sequoia-kings canyon wilderness addition.--Certain land
in Sequoia and Kings Canyon National Parks, California,
comprising approximately 45,186 acres as generally depicted
on the map titled ``Sequoia-Kings Canyon Wilderness
Addition'', numbered 102/60015a, and dated March 10, 2008, is
incorporated in, and shall be considered to be a part of, the
Sequoia-Kings Canyon Wilderness.
SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.
(a) In General.--Subject to valid existing rights, each
area designated as wilderness by this Act shall be
administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in the Wilderness Act to the effective date of the
Wilderness Act shall be considered to be a reference to the
date of enactment of this Act.
(b) Map and Legal Description.--
(1) Submission of map and legal description.--As soon as
practicable, but not later than 3 years, after the date of
enactment of this Act, the Secretary shall file a map and
legal description of each area designated as wilderness by
this Act with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force and effect.--The map and legal description filed
under paragraph (1) shall have
[[Page 11825]]
the same force and effect as if included in this Act, except
that the Secretary may correct any clerical or typographical
error in the map or legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the Office of the Secretary.
(c) Hydrologic, Meteorologic, and Climatological Devices,
Facilities, and Associated Equipment.--The Secretary shall
continue to manage maintenance and access to hydrologic,
meteorologic, and climatological devices, facilities and
associated equipment consistent with House Report 98-40.
(d) No Buffer Zones.--
(1) In general.--Nothing in this Act creates a protective
perimeter or buffer zone around an area designated as
wilderness by this Act.
(2) Activities outside wilderness.--Nothing in this Act
precludes authorized activities conducted outside of the
areas designated as wilderness by this Act by cabin owners
(or their designees) in the Mineral King Valley area, or the
property owners (or their designees) or lessees in the Silver
City private inholding (as identified on the map titled
``John Krebs Wilderness'' and dated March 10, 2008).
(e) Horseback Riding.--Nothing in this Act precludes
horseback riding in, or the entry of recreational or
commercial saddle or pack stock into, an area designated as
wilderness by this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Costa) and the gentleman from California (Mr. Nunes)
each will control 20 minutes.
The Chair recognize the gentleman the California (Mr. Costa).
General Leave
Mr. COSTA. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. COSTA. Mr. Speaker, I yield myself such time as I may consume.
I rise today to introduce H.R. 3022, the Sequoia and Kings Canyon
National Parks Wilderness Act of 2008. This bill adds nearly 115 acres
of wilderness in the Sequoia and Kings Canyon National Parks in
California, two parks that are among the crown jewels of our Nation's
national park system. Coupled with existing wilderness areas in the
parks, this bill will expand the wilderness to about 97 percent on the
land base that is included within the park area.
About 45,000 acres of the wilderness created by this bill will be
incorporated into currently existing Sequoia-Kings Canyon Wilderness
Area. The other 70,000 acres will comprise a new wilderness area, which
will be named after former Congressman John Krebs.
Congressman John Krebs served in this House from 1974 until 1978. He
immigrated to this country when he was 17 years old. Like immigrants
before him and immigrants since, he came here to find a better life for
himself and his family. And in that effort, he contributed mightily, as
all immigrants have, over the history of our Nation's years.
He served in this House with distinction and honor. He was tenacious,
and one of the areas that he worked on was this area of wilderness
within the Sequoia-Kings Canyon Wilderness Area.
So therefore it is appropriate that we designate this act by
including this as a namesake, because within the Sequoia and Kings
Canyon National Parks, we have California's and some of our country's
most beautiful areas. The Redwood Canyon area contains Redwood Mountain
Grove, the largest stand of giant sequoia within the parks. The Redwood
Canyon also includes over 75 known caves, include the longest cave in
California with over 21 miles of surveyed passage. The Hockett Plateau
includes vast rolling forests of lodgepole pine surrounding spectacular
subalpine meadows. The area is a favorite designation for equestrians,
backpackers and anglers, people who, like all of us, like to enjoy our
mountains.
This bill is obviously important not only to me but for my colleague,
Congressman Nunes, and all that have been a part of this effort, for
preserving our natural areas for future generations is a responsibility
that we all share in common. And it gives us an opportunity to honor
Congressman John Krebs, whom I first went to work for back in the 1970s
when he served in Congress. He was a mentor and still today is a friend
and is living well in Fresno, California, at the young, tender age of
82.
So it is fitting and appropriate that we recognize the people who
deserve credit for making this bill a reality. Among those, I want to
thank Chairman Rahall, subcommittee Chairman Grijalva of the Natural
Resources Committee for their support, their staffs, as well as the
committee's minority staff that worked so hard on this bill, and the
National Park Service.
In addition, there is a companion measure over in the Senate carried
by Senator Boxer. I would very much like to thank her and her staff for
their hard work, including most notably, the State director, Tom
Bohigian, who devoted a great deal of time and energy to make this bill
a reality.
{time} 1415
Finally, I want to thank my colleague and dear friend, Congressman
Devin Nunes, and his Deputy Chief of Staff, Damon Nelson, for their
work on this bill. This is a sensitive issue. The land we are talking
about resides within Congressman Nunes' congressional district. The
wilderness created by H.R. 3022 there is important to Congressman
Nunes, as well as to all of us, and I want to thank him for his hard
work on this bill and for ensuring that he protects the interests of
his district and the local communities and the folks that live and work
and recreate in the wilderness and surrounding areas.
Mr. Speaker, I request my colleagues to support the passage of H.R.
3022, as amended.
I reserve the balance of my time.
Mr. NUNES. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I take this opportunity to express my support for H.R.
3022, the Sequoia-Kings Canyon National Park Wilderness Act. I would
also like to thank my good friend Mr. Costa and Senator Boxer for their
willingness to work in a bipartisan manner to secure protections for my
constituents.
When the idea of this designation was proposed, my constituents had
three main concerns: Specifically, continued access to the
hydroelectric facilities in the area; continued access for private and
commercial horse stock users; and, finally, the cabin owners in the
Mineral King and Silver City area needed assurances that they will
continue to have access to their cabins in accordance with their Park
Service permits. In each case, Congressman Costa and Senator Boxer
agreed to add language to the bill that would resolve these concerns.
First the cabin owners were provided a half-mile buffer zone around
the cabins in order to ensure that management of the wilderness does
not impact their access to and their maintenance of the cabins.
Second, operators of the hydroelectric facilities were ensured they
will continue to have access to their facilities to conduct maintenance
and inspections as necessary. They will continue to be allowed
motorized access, including helicopters, if non-motorized access is not
reasonably feasible.
Finally, the private and commercial horse stock users were provided
strong assurances that nothing in the act precludes access to the areas
that are designated wilderness. There have been recurring problems with
such access to surrounding wilderness areas, and the language in this
bill intends to ensure that those issues will not be repeated in this
wilderness.
Again, these were hard-fought protections, and the work of my
colleagues during the drafting period was invaluable and much
appreciated.
At this time, I would like to yield to my colleague Mr. Costa and
would appreciate any comments he may have about these specific
provisions that I mentioned.
Mr. COSTA. First I would like to thank Congressman Nunes for your
hard work and efforts on this. Without
[[Page 11826]]
your support, I don't believe this measure would be a reality. The
bipartisan effort I think is a commendation on how we ought to be
working on all of our efforts here in the House.
Protecting the local interests was a concern of mine, as it was of
yours, and I am glad that we were able to find ways to satisfy the
existing uses within the wilderness and the park area, because having
been one who has utilized that park and have enjoyed it over the years,
I want to be able to continue to use it myself in those ways, as do all
of our constituents from the valley, who believe this, as I said, is
one of our crown jewels.
It was always a goal of mine that this be a bipartisan effort, and I
am glad that Congressman Nunes feels comfortable with supporting the
legislation and proud you were able to help make it a reality.
Mr. NUNES. Reclaiming my time, I want to thank the gentleman for his
statements. I think this is a fitting tribute to Mr. Krebs, who
dedicated his life to public service. He served on the Fresno County
Board of Supervisors and also in the United States Congress honorably.
Hopefully this wilderness bill ends up being something that is really
done in a bipartisan manner, that after it is passed is also enacted in
such a way that ensures use by all of our constituents, because really
these are America's parks and resources and we want to make sure that
access is granted to those that want it.
So, thank you, Mr. Costa and Senator Boxer for honoring Mr. Krebs in
this way, and I strongly urge passage of this bill.
I yield back the balance of my time.
Mr. COSTA. In closing, I just again want to thank Congressman Nunes
and thank Senator Boxer. I think it is fitting and appropriate that we
name this additional wilderness area on behalf of a gentleman who
dedicated a large part of his time to protect and preserve our heritage
for future generations to come and was one of my mentors. It is a proud
day for me to be here today to in fact make this happen.
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 California (Mr. Costa) that the House suspend the rules
and pass the bill, H.R. 3022, 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.
____________________
SABINOSO WILDERNESS ACT OF 2008
Mr. COSTA. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 2632) to establish the Sabinoso Wilderness Area in San Miguel
County, NM, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2632
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 ``Sabinoso Wilderness Act of
2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) State.--The term ``State'' means the State of New
Mexico.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. DESIGNATION OF THE SABINOSO WILDERNESS.
(a) In General.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), there is hereby
designated as wilderness, and, therefore, as a component of
the National Wilderness Preservation System, the
approximately 15,995 acres of land under the jurisdiction of
the Taos Field Office Bureau of Land Management, New Mexico,
as generally depicted on the map titled ``Sabinoso
Wilderness'' and dated May 7, 2008, and which shall be known
as the ``Sabinoso Wilderness''.
(b) Map and Legal Description.--The map and a legal
description of the wilderness area designated by this Act
shall--
(1) be filed by the Secretary with the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate as soon as
practicable after the date of the enactment of this Act;
(2) have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and
typographical errors in the legal description and map; and
(3) be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(c) Management of Wilderness.--Subject to valid existing
rights, the wilderness areas designated by this Act shall be
administered in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.) and this Act, except that with respect to the
wilderness areas designated by this Act, any reference to the
effective date of the Wilderness Act shall be deemed to be a
reference to the date of enactment of this Act and any
reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(d) Incorporation of Acquired Land.--Any land or interest
in land located inside the boundaries of the wilderness area
designated by this Act that is acquired by the United States
after the date of enactment of this Act shall become part of
the wilderness area designated by this Act and shall be
managed in accordance with this Act and other applicable law.
(e) Grazing.--Grazing of livestock in the wilderness area
designated by this Act, where established before the date of
enactment of this Act, shall be administered in accordance
with the provisions of section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4)) and the guidelines set forth in
Appendix A of the Report of the Committee on Interior and
Insular Affairs to accompany H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(f) Fish and Wildlife.--As provided in section 4(d)(7) of
the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
section shall be construed as affecting the jurisdiction or
responsibilities of the State with respect to fish and
wildlife in the State, including the regulation of hunting,
fishing, and trapping, in the wilderness area designated by
this Act.
(g) Withdrawal.--Subject to valid existing rights, the
wilderness area designated by this Act, is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(h) Access.--
(1) Consistent with section 5(a) of the Wilderness Act (16
U.S.C. 1131 et seq.), the Secretary shall continue to allow
private landowners adequate access to inholdings in the
Sabinoso Wilderness.
(2) For access purposes, private lands within T. 16 N., R.
23 E. Sections 17, 20 and the north half of Section 21,
N.M.M. shall be managed as if an inholding in the Sabinoso
Wilderness.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Costa) and the gentleman from California (Mr. Nunes)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Costa).
General Leave
Mr. COSTA. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include any extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. COSTA. I yield myself such time as I may consume.
H.R. 2632 would designate land managed by the Bureau of Land
Management in San Miguel County in northwestern New Mexico as
wilderness. The land has been managed as wilderness study area for more
than 20 years. The area involved includes a mix of Ponderosa Pine and
riparian vegetation and provides habitat for an array of species
including the Red-tailed Hawk, bobcat and fox. The area features
opportunities for hunting, hiking and horseback riding, among other
activities. The area also includes a 1,000 foot deep canyon, Largo,
which connects the Canadian River outside of the area.
I would like to commend my colleague, Representative Tom Udall, for
his fine work on this legislation. He has worked tirelessly to gain
broad support for the measure before us today.
I would ask my colleagues to support the passage of H.R. 2622, as
amended.
I reserve the balance of my time.
Mr. NUNES. Mr. Speaker, I yield myself such time as I may consume.
I think it is appropriate that the Congress continues to do their
work, Mr. Speaker. But one of the problems that the Republicans have on
this side of the aisle is that consumers are now paying upwards of $5
per gallon for gas in California and we want to make sure that the
Republicans take our time to
[[Page 11827]]
come to the House floor to make sure that we convey to the American
people that the Republicans do have a plan, and part of that plan deals
with drilling on Federal lands.
Although a lot of these bills that are coming to the floor deal with
wilderness that may or may not have oil and gas exploration
possibilities, like, for example, the bill that was just passed before
the Congress that was in my district, there is no oil and gas in that
area, this wilderness area I am not sure about. So I do have some
concerns about this legislation, because I don't know this part of New
Mexico, if there is oil and gas available.
I am concerned, because as we put this into a wilderness area, this
is another area of America that will then be off-limits for drilling
for oil or gas, and, like I said, at a time when Americans are paying
$5 per gallon in some parts of the country, this is a big problem for
the Republicans.
With that, I will reserve the balance of my time.
Mr. COSTA. I reserve the balance of my time.
Mr. NUNES. Mr. Speaker, at this time I would like to yield such time
as he may consume to my good friend from Georgia (Mr. Westmoreland).
Mr. WESTMORELAND. I thank my friend from California for yielding.
As he mentioned, it is interesting that we are setting aside land for
wilderness area to be managed by the Federal Government. It came out of
the Committee on Natural Resources, but we are not using all our
natural resources right now. We are not using some of the oil reserves
that we have in ANWR. We are not using the oil that is on the Outer
Continental Shelf. We are not using the shale coal that we have that we
can convert to oil. We are not using the clean-burning coal to the best
of our ability. We are not drilling for natural gas.
So we have natural resources in all parts of our country that we are
not taking advantage of, and the reason that we are not taking
advantage of it is because the new majority in the 110th Congress is
being controlled or partly controlled by the radical environmentalists
that don't want us to drive a Suburban or an extended cab pickup. They
don't really care if gas goes to $10 a gallon.
So I would like for this House to concentrate on the majority of
Americans who are tired of paying $4 a gallon for gas. They understood
that when the new majority was elected, and you go back to April of
2006 and then minority leader, now Speaker Nancy Pelosi, made the
statement, that the Democrats had a commonsense plan for bringing down
the skyrocketing price of gas.
Now, I think at the time, Mr. Speaker, gas was about $2.20 a gallon.
I never thought we would lament or say, man, can you remember back when
gas was $2 a gallon? But that is what it was when the Democrat majority
said they had this new commonsense approach for bringing down the
skyrocketing gas price.
Since that time, gas has almost doubled. It has almost doubled. So
where is that commonsense plan? Where is it that we are using some of
our natural resources to increase the supply of production that we have
in this country, rather than being so dependent on foreign oil?
Now, the problem is that the majority passed in January of 2007 an
energy bill, and that energy bill, which many on our side of the aisle
called the ``no-energy bill,'' went into effect. So we thought that
that was the secret plan. Mr. Speaker, we thought that was this
commonsense approach.
Once we looked at the bill, we saw that gasoline was mentioned about
five or six times, that crude oil was mentioned about maybe 12 times,
and that nothing was mentioned about domestic drilling, nothing was
mentioned about increasing the production or using our natural
resources to make us less dependent on foreign oil. But what we saw
were words like ``swimming pool'' was used 47 times, ``lamp'' or
``light bulb'' was used 350 times, ``renewable energy'' was used a
number of times, ``greenhouse gases'' was used a number of times, but
nothing was really in that ``no-energy bill'' that helps us today.
I think we see evidence of that today with gas being over $4 a
gallon. There was nothing in there to help us bring down the price of
gas, number one, and that was where the commonsense approach was to be,
was to bring down the skyrocketing price of gasoline. Not only did we
not bring it down, it has doubled.
So where is this commonsense approach? I think the American people
are ready to see it. I know my constituents are. When I go home, just
like we have been home during the Memorial Day break, I had people ask
me, what are we doing about increasing our domestic production? What
are we doing about having the ability to become less dependent on
foreign oil?
I have to explain to them the ``no-energy bill'' that was passed by
this Congress and the things that it mentioned and the things that were
there, and really and truly, Mr. Speaker, they think I am lying to them
or kidding them, that that is the commonsense plan that the majority
had, because it wasn't a plan at all. It was some type of smoke and
mirrors that was sold to the American people. Now that gas is more than
twice what it was, what are we to tell them? Because I have not seen
anything come out of the Democratic side.
Now we have come up with an energy proposal that makes sense. It
allows us to use some of our natural resources. What the other part
that my constituents don't believe is that we as a government will not
allow drilling off the coast of Florida, and yet China is fixing to
start drilling 45 miles off our coast.
{time} 1430
They can use the slant drilling technology and probably get deeper
into our oil reserves. Now, what are we to tell people? What am I to
tell my constituents that this Congress is doing about that? They are
doing nothing about it, not one single thing.
We are naming post offices, we are coming up with wilderness areas
and many more days of honoring somebody or recognizing a week or
recognizing a month, but we are not doing anything on this House floor,
nor have we done anything on this House floor, to really bring down the
price of gas, crude oil or come up with a commonsense plan for that
American worker out there that's going to the pump, costing him $100 to
fill up with gas.
Now, I don't know the answer to it, but I would suspect that if we
pass some type of legislation that said we were going to start
drilling, whether it be in ANWR, Outer Continental Shelf, wherever it
is, that the oil speculators, that the bottom would fall out of that
because people would say, you know what? They are finally doing
something to become less dependent on somebody else's oil production.
So we don't have to hold them hostage anymore, and those prices would
come down, just at the fact that we passed the legislation--not that we
put the first drill bit in the ground--but just that these oil
speculators and the American people saw that their elected officials
were wanting to do something to take a positive step that we can meet
our own energy needs.
Mr. Speaker, I want to ask, what's wrong with that? I don't think
there is anything wrong with that. I think that the people that elect
us deserve to know what our plan is. The Republican side has come out
with a plan. They say, look, we are going to take advantage of our
natural resources. We are going to take advantage of the things that we
were God given in this land. We are going to take advantage of our oil
reserves, of our natural gas, of our abundance of coal.
We are going to take advantage of those things, and we are going to
use the technology that we have been so good about coming up with. We
are going to take and convert this shale to oil, which Hitler did in
the late 1920s--in the late 1920s--and we don't think that we can do
that today?
There is a problem, and we need the courage, the political courage
and the political guts to stand up and say we are going to--or at least
I hope the majority party will go--we are going to go against those
people that we owe so
[[Page 11828]]
much to for being in the majority, and say we are going to do what's
good for the American people. We are going to use our own natural
resources. We are going to do what the people that elected us expect us
to do, and that's what's the best for them, not the best for special
interest groups.
I just hope that during this next conversation that we have on these
upcoming bills that we will be on this floor discussing this issue,
because we have not really had a debate on it. I wish that the majority
party would bring a bill to this floor and have an open rule so we
could vote on some of these things that are so important.
The truth of it is that our constituency doesn't really know how we
believe on some of these issues, because the majority has never given
us the ability to vote on it. Let's vote on drilling on ANWR, just a
straight up or down vote, not anything else tied to it. Let's drill on
our natural gas. Let's vote on our natural gas drilling, not anything
else tied, just an up or down. Let's drill on the converting of coal-
to-liquid oil. Let's vote on that, just an up or down, rather than tie
so many things that's so confusing to the American people.
That's what I hope we will do.
Mr. NUNES. Mr. Speaker, I reserve the balance of my time.
Mr. COSTA. Mr. Speaker, reclaiming the balance of my time, how much
time do I have remaining and the opposition?
The SPEAKER pro tempore. The gentleman from California (Mr. Costa)
has 19 minutes. The gentleman from California (Mr. Nunes) has 10
minutes.
Mr. COSTA. Mr. Speaker, as Sergeant Friday once said, for those of us
who remember back to our youth and the old television series, he used
to say, ``Just the facts, Ma'am.''
While we are debating the importance of a 20-year study that puts
about an additional set-aside of land in New Mexico for a wilderness
study, it seems that we have gotten off track here. But let me for the
record, as Sergeant Friday once said, just state the facts.
Between 1999 and 2007, the number of drilling permits issued
beginning with the Clinton administration, during the Bush
administration to present day issued an increase in development of
public lands on application of permits to drill increasing 361 percent.
Let me repeat that. In the last 8-plus years we have increased the
applications for permits to drill in public lands, both onshore and
offshore, 361 percent.
The Bureau of Land Management has now issued over 28,776 permits to
drill on public land. Yet at that time, today, only 18,954 wells have
been actually drilled. In other words, 10,000 wells have been
stockpiled in terms of the permits that have not been drilled.
In addition to that, when we talk about making additional available
land, whether it's on the Florida coast or the California coast, we
know there is opposition to that among both parties, but the fact of
the matter is, again--as Sergeant Friday used to say, ``Just the facts,
Ma'am''--the area that's available for energy companies to develop is
47.5 million acres onshore on Federal lands that are currently being
leased by oil and gas companies.
Today, only about 13 million of those acres are actually in
production. Again, there are over 47.5 million acres that are currently
available for use to be drilled for oil and gas. Only about 13 million
acres are actually being utilized.
Clearly, there are a multitude of solutions that deal with this
painful, painful energy dilemma that we find ourselves in today, not
just in the United States but in other parts of the world. There are
short-term solutions and there are long-term solutions.
Frankly, in my opinion, the sooner we get past this blame game--
because if my memory serves me correctly, the loyal opposition was in
control for 12 years to develop this comprehensive energy policy. We
have been in the majority for less than a year and a half. Yet all of
the blame somehow is seemingly being placed on us. The issue on ANWR
that was talked about earlier passed this House in previous Republican-
controlled houses, only to never see the light of day over in the
Senate.
So, we can play the blame game, but what Americans want when I go to
my constituencies, my district, is us to fashion bipartisan solutions
that are commonsense that involve both the short-term dilemma that we
are in and long-term solutions. Frankly, when we come together, in my
view, to put together that sort of a bipartisan comprehensive effort is
when I think we are going to be addressing the long-term needs for our
country.
Now, the bill before us obviously has nothing to do with the
discussion we have just had. For 20 years, 20 years, Congressman Tom
Udall and his colleagues in New Mexico have worked diligently to
determine whether or not these lands could be put aside. That's what
H.R. 2632 does, as amended.
I urge my colleagues to support this measure before us.
Mr. Speaker, I reserve the balance of my time.
Mr. NUNES. Mr. Speaker, I think the issue here is really not about
what is available for exploration and the amount of wells that have
been able to be drilled on what's been allowed for exploration. The key
here, as most people know, is that there is literally hundreds of
billions of barrels of oil that is totally off-limits for us to
research.
I know that my friend from California is part of the solution,
because he is one of the few Members of the Democrat Caucus that
actually believes in drilling for oil. I know that he agrees with
drilling in Alaska, and he agrees with drilling in the gulf and other
places where we have tremendous resources of oil.
So really the key here, like Mr. Westmoreland said earlier, is we
need to have open time here on the floor with bills that come to the
floor with open rules so that we can allow the majority to govern,
meaning the majority of Members, not just one party.
The longer that the Democrats continue to take bills up to the Rules
Committee and send them down here to the floor to where we have no
chance to offer amendments, we never have an opportunity to increase
exploration. I believe that the American people, now that gas is soon
to be $5 a gallon, that the American people have had enough of us
buying all of our oil from the Middle East and South America and
Africa. They have had enough. They are fed up with it.
One-third of our trade balance is basically because of the money that
we send out of this country for importing oil. What I am hoping to get
back to is some reasonable common sense here in the Congress to where
Republicans and Democrats can work together and build a majority that
will allow drilling in our own country, because I believe that's what
the American people are asking for.
Until the Speaker of the House and the rest of the leadership decide
that they want to let the majority rule, a majority of Members of
Congress and not just one party, we are going to continue to pay high
prices at the pump.
Mr. Speaker, I would like to yield to my good friend from Georgia
(Mr. Westmoreland) for as much time as he may consume.
Mr. WESTMORELAND. Thank you for yielding.
To my other friend from California over there, I know that the
gentleman is the chairman of the Subcommittee on Energy and Mineral
Resources, and I think that subcommittee has jurisdiction over the
drilling in ANWR and the Outer Continental Shelf. Right now only 3
percent of the Outer Continental Shelf is leased for oil and natural
gas, and only 6 percent of the Bureau of Land Management public lands
are leased.
So I think that it would be a good opportunity for the gentleman, for
just my suggestion, that we look at that. I know that it has been
looked at many times before.
The gentleman mentioned about the Republicans being in control for 12
years, I was only here for 2 of those years, so I was quite
disappointed too that we never passed a comprehensive energy plan. You
know, I am very concerned about that, and I hate that.
What I am proud of is that right now that we have come up with an
energy plan that would help with our dependence on foreign oil, and
maybe it took
[[Page 11829]]
12 years for us to wake up. I certainly hope that the majority party
that's in control now, that it doesn't take them 12 years to wake up to
understand that we need an energy policy.
Now, if it's going to take them 12 years to wake up, we will be
paying $12 a gallon like they are paying in the Netherlands or $9 a
gallon like they are paying in Germany. I know that would make some of
their base awfully happy if we were paying those gas prices, but your
average American family, the man and the woman out there trying to make
a living and trying to provide for their family, does not like paying
$4 a gallon for gasoline when we are not doing anything, anything to
reduce our dependence on that foreign oil.
I agree with Mr. Nunes from California in the fact that we need to
bring some bills to the floor. We are doing 20 suspension bills on this
floor today. The U.S. Congress is addressing 20 bills on this floor
today, that most of them will be passed by a voice vote, and most
Americans won't even know what we did.
Some of these pieces of legislation should be going through a regular
rule, a regular order of process, where we can come in and make some
amendments on some of these. There may be in these wilderness areas,
there may be some spots where we have the potential for natural gas or
oil, where we have potential for solar, where we have potential for
wind power. Those are being restricted on just about every one of these
pieces of legislation that we are doing today.
So let's have an open, honest--that's another promise that the
majority made to the American people, that this was going to be the
most open, honest Congress in history. I hate to say this, and I was
only here for 2 years when we were in control, but that's not true.
That's another falsehood and whether they did it purposefully or not,
that this is not the most open, honest Congress that this country has
ever seen, and it does not or has not or not yet come up with a
commonsense approach to bring down the skyrocketing cost of gasoline
when it was $2.20 a gallon, and now it's over $4 a gallon.
Mr. COSTA. Mr. Speaker, I reserve the balance of my time.
Mr. UDALL of New Mexico. Mr. Speaker, I rise today to encourage my
colleagues to support passage of this legislation to designate as
wilderness the lands in and near the Sabinoso Wilderness Study Area
(WSA), located in my district. The Sabinoso WSA is one of New Mexico's
special places and deserves to be protected and accessible to all.
The Sabinoso WSA comprises approximately 20,000 acres and is situated
in San Miguel County, 40 miles east of Las Vegas, New Mexico, and 25
miles northwest of Conchas Dam State Park. During a trip I took to the
area, I was immediately struck by the ecological, scenic and
recreational value of the land. Sabinoso's soil includes a thick
section of colorful sedimentary rocks, typical of desert rock
formations throughout the West. The area's scenic and densely vegetated
landscape is also home to a rich diversity of wildlife, such as red-
tailed hawks, western scrub-jays, broad-tailed hummingbirds, mule deer,
bobcats, and gray foxes. All of these natural resources will provide
outstanding opportunities to hunt, hike, horseback ride, take
photographs, and simply experience the unspoiled lands of our
ancestors.
During the 2007 session of the New Mexico State Legislature, House
Memorial 53, which calls on the New Mexico Congressional delegation to
support the establishment of the Sabinoso Wilderness Area, was
introduced by State Representative Thomas Garcia and passed unanimously
by a vote of 66-0.
Unfortunately, this beautiful piece of land is currently inaccessible
to the general public. Designating the area will help provide access to
the land for everyone. Opening Sabinoso will also create important new
economic development opportunities for the surrounding communities.
The bill that comes to the floor today is a result of compromise and
open dialogue. It is a bill that addresses the concerns of, and is
supported by, all parties involved. It is an example of the positive
results that come from Federal agencies, local landowners, and
wilderness groups working together towards a common goal. I would like
to thank Chairman Grijalva and his staff for their tireless efforts to
find compromise between these different groups, and to ensure that the
rights of local private landowners would not be compromised.
I again encourage my colleagues to support this bill to establish a
wilderness area that will help to preserve the natural beauty and
cultural heritage of New Mexico.
Mr. NUNES. Mr. Speaker, I have no more speakers on this bill, and I
yield back the balance of my time.
Mr. COSTA. Mr. Speaker, I would ask my colleagues to support the
passage of H.R. 2632, as amended, and yield back the balance of my
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Costa) that the House suspend the rules
and pass the bill, H.R. 2632, 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} 1445
CALIFORNIA DESERT AND MOUNTAIN HERITAGE ACT OF 2008
Mr. COSTA. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3682) to designate certain Federal lands in Riverside County,
California, as wilderness, to designate certain river segments in
Riverside County as a wild, scenic, or recreational river, to adjust
the boundary of the Santa Rosa and San Jacinto Mountains National
Monument, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3682
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the
``California Desert and Mountain Heritage Act of 2008''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS
Sec. 101. Definition of Secretary.
Sec. 102. Designation of wilderness, Cleveland and San Bernardino
National Forests, Joshua Tree National Park, and Bureau
of Land Management land in Riverside County, California.
Sec. 103. Joshua Tree National Park potential wilderness.
Sec. 104. Administration of wilderness.
TITLE II--WILD AND SCENIC RIVER DESIGNATIONS
Sec. 201. Wild and scenic river designations, Riverside County,
California.
TITLE III--ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN
JACINTO MOUNTAINS NATIONAL MONUMENT
Sec. 301. Boundary adjustment, Santa Rosa and San Jacinto Mountains
National Monument.
Sec. 302. Technical amendments to the Santa Rosa and San Jacinto
Mountains National Monument Act of 2000.
TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS
SEC. 101. DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means--
(1) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(2) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
SEC. 102. DESIGNATION OF WILDERNESS, CLEVELAND AND SAN
BERNARDINO NATIONAL FORESTS, JOSHUA TREE
NATIONAL PARK, AND BUREAU OF LAND MANAGEMENT
LAND IN RIVERSIDE COUNTY, CALIFORNIA.
(a) Agua Tibia Wilderness Additions.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in
the Cleveland National Forest and certain land administered
by the Bureau of Land Management in Riverside County,
California, together comprising approximately 2,053 acres, as
generally depicted on the map titled ``Proposed Addition to
Agua Tibia Wilderness'', and dated May 9, 2008, is designated
as wilderness and is incorporated in, and shall be deemed to
be a part of, the Agua Tibia Wilderness designated by section
2(a) of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132
note).
(b) Cahuilla Mountain Wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the
San Bernardino National Forest, California, comprising
approximately 5,585 acres, as generally depicted on the map
titled ``Cahuilla Mountain Proposed Wilderness'', and dated
May 1, 2008, is designated as wilderness and, therefore, as a
component of the National Wilderness Preservation System,
[[Page 11830]]
which shall be known as the ``Cahuilla Mountain Wilderness''.
(c) South Fork San Jacinto Wilderness.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in
the San Bernardino National Forest, California, comprising
approximately 20,217 acres, as generally depicted on the map
titled ``South Fork San Jacinto Proposed Wilderness'', and
dated May 1, 2008, is designated as wilderness and,
therefore, as a component of the National Wilderness
Preservation System, which shall be known as the ``South Fork
San Jacinto Wilderness''.
(d) Santa Rosa Wilderness Additions.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in
the San Bernardino National Forest, California, and certain
land administered by the Bureau of Land Management in
Riverside County, California, comprising approximately 2,149
acres, as generally depicted on the map titled ``Santa Rosa-
San Jacinto National Monument Expansion and Santa Rosa
Wilderness Addition'', and dated March 12, 2008, is
designated as wilderness and is incorporated in, and shall be
deemed to be a part of, the Santa Rosa Wilderness designated
by section 101(a)(28) of Public Law 98-425 (98 Stat. 1623; 16
U.S.C. 1132 note) and expanded by paragraph (59) of section
102 of Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132
note).
(e) Beauty Mountain Wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land
administered by the Bureau of Land Management in Riverside
County, California, comprising approximately 15,621 acres, as
generally depicted on the map titled ``Beauty Mountain
Proposed Wilderness'', and dated April 3, 2007, is designated
as wilderness and, therefore, as a component of the National
Wilderness Preservation System, which shall be known as the
``Beauty Mountain Wilderness''.
(f) Joshua Tree National Park Wilderness Additions.--In
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land in Joshua Tree National Park, comprising
approximately 36,700 acres, as generally depicted on the map
numbered 156/80,055, and titled ``Joshua Tree National Park
Proposed Wilderness Additions'', and dated March 2008, is
designated as wilderness and is incorporated in, and shall be
deemed to be a part of, the Joshua Tree Wilderness designated
by section 1(g) of Public Law 94-567 (90 Stat. 2692; 16
U.S.C. 1132 note).
(g) Orocopia Mountains Wilderness Additions.--In accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), certain
land administered by the Bureau of Land Management in
Riverside County, California, comprising approximately 4,635
acres, as generally depicted on the map titled ``Orocopia
Mountains Proposed Wilderness Addition'', and dated May 8,
2008, is designated as wilderness and is incorporated in, and
shall be deemed to be a part of, the Orocopia Mountains
Wilderness as designated by paragraph (44) of section 102 of
Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note),
except that the wilderness boundaries established by this
subsection in Township 7 South are intended to exclude--
(1) a corridor 250 feet north of the centerline of the
Bradshaw Trail;
(2) a corridor 250 feet from both sides of the centerline
of the vehicle route in the unnamed wash that flows between
the Eagle Mountain Railroad on the south and the existing
Orocopia Mountains Wilderness boundary; and
(3) a corridor 250 feet from both sides of the centerline
of the vehicle route in the unnamed wash that flows between
the Chocolate Mountain Aerial Gunnery Range on the south and
the existing Orocopia Mountains Wilderness boundary.
(h) Palen/McCoy Wilderness Additions.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land
administered by the Bureau of Land Management in Riverside
County, California, comprising approximately 22,645 acres, as
generally depicted on the map titled ``Palen-McCoy Proposed
Wilderness Additions'', and dated May 8, 2008, is designated
as wilderness and is incorporated in, and shall be deemed to
be a part of, the Palen/McCoy Wilderness as designated by
paragraph (47) of section 102 of Public Law 103-433 (108
Stat. 4472; 16 U.S.C. 1132 note).
(i) Pinto Mountains Wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land
administered by the Bureau of Land Management in Riverside
County, California, comprising approximately 24,404 acres, as
generally depicted on the map titled ``Pinto Mountains
Proposed Wilderness'', and dated February 21, 2008, is
designated as wilderness and, therefore, as a component of
the National Wilderness Preservation System, which shall be
known as the ``Pinto Mountains Wilderness''.
(j) Chuckwalla Mountains Wilderness Additions.--In
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land administered by the Bureau of Land Management in
Riverside County, California, comprising approximately 12,815
acres, as generally depicted on the map titled ``Chuckwalla
Mountains Proposed Wilderness Addition'', and dated May 8,
2008, is designated as wilderness and is incorporated in, and
shall be deemed to be a part of the Chuckwalla Mountains
Wilderness as designated by paragraph (12) of section 102 of
Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).
(k) Maps and Descriptions.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and
legal description of each wilderness area and wilderness
addition designated by this section with the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(2) Force of law.--A map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
errors in the map and legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available
for public inspection in the appropriate office of the
Secretary.
(l) Utility Facilities and Corridors.--The wilderness areas
and wilderness additions designated by this section are
intended to exclude rights of way for existing utility
facilities, such as power, gas, and telecommunications lines,
and associated structures and access roads, and existing
designated utility corridors. Nothing in this section or the
Wilderness Act shall be construed to prohibit construction,
operation, and maintenance, using standard industry
practices, of existing utility facilities located outside of
the wilderness areas and wilderness additions designated by
this section.
SEC. 103. JOSHUA TREE NATIONAL PARK POTENTIAL WILDERNESS.
(a) Designation of Potential Wilderness.--Certain land in
the Joshua Tree National Park, comprising approximately
43,300 acres, as generally depicted on the map numbered 156/
80,055, and titled ``Joshua Tree National Park Proposed
Wilderness Additions'', and dated March 2008, is designated
potential wilderness and shall be managed by the Secretary of
the Interior insofar as practicable as wilderness until such
time as the land is designated as wilderness pursuant to
subsection (b).
(b) Designation as Wilderness.--The land designated
potential wilderness by subsection (a) shall be designated as
wilderness and incorporated in, and be deemed to be a part
of, the Joshua Tree Wilderness designated by section 1(g) of
Public Law 94-567 (90 Stat. 2692; 16 U.S.C. 1132 note),
effective upon publication by the Secretary of the Interior
in the Federal Register of a notice that--
(1) all uses of the land within the potential wilderness
prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.)
have ceased; and
(2) sufficient inholdings within the boundaries of the
potential wilderness have been acquired to establish a
manageable wilderness unit.
(c) Map and Description.--
(1) In general.--As soon as practicable after the date on
which the notice required by subsection (b) is published in
the Federal Register, the Secretary shall file a map and
legal description of the land designated as wilderness and
potential wilderness by this section with the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this title, except that the Secretary may
correct errors in the map and legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available
for public inspection in the appropriate office of the
Secretary.
SEC. 104. ADMINISTRATION OF WILDERNESS.
(a) Management.--Subject to valid existing rights, the land
designated as wilderness or as a wilderness addition by this
title shall be administered by the Secretary in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), except
that--
(1) any reference in that Act to the effective date of that
Act shall be deemed to be a reference to--
(A) the date of the enactment of this Act; or
(B) in the case of the wilderness addition designated by
subsection (b) of section 513, the date on which the notice
required by such subsection is published in the Federal
Register; and
(2) any reference in that Act to the Secretary of
Agriculture shall be deemed to be a reference to the
Secretary that has jurisdiction over the land.
(b) Incorporation of Acquired Land and Interests.--Any land
within the boundaries of a wilderness area or wilderness
addition designated by this title that is acquired by the
United States shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this title, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(c) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, the land designated as
wilderness by this title is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(d) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by this Act
as are necessary for the control and prevention of fire,
insects, and diseases (including the use of prescribed
burning, priority treatments, or fuels reduction) in
accordance with section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th
Congress.
(2) Funding priorities.--The designation of wilderness
areas and wilderness additions by
[[Page 11831]]
this title is not intended to alter the priorities afforded
the land so designated in allocating funds for fire and
related fuels management.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall amend the local
fire management plans that apply to the Santa Rosa Wilderness
and Agua Tibia Wilderness, and prepare local fire management
plans for the Beauty Mountain Wilderness, Cahuilla Mountain
Wilderness, and South Fork San Jacinto Wilderness Area, to
identify appropriate local officials to take such actions in
the wilderness areas as are necessary for fire prevention and
watershed protection consistent with paragraph (1), including
best management practices for fire pre-suppression and fire
suppression measures and techniques.
(4) State or local agencies.--Consistent with paragraph (1)
and other applicable Federal law, the Secretary may delegate
by written agreement primary fire fighting authority and
related public safety activities to an appropriate State or
local agency.
(e) Grazing.--Grazing of livestock in a wilderness area or
wilderness addition designated by this title shall be
administered in accordance with the provisions of section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the
guidelines set forth in House Report 96-617 to accompany H.R.
5487 of the 96th Congress.
(f) Native American Uses and Interests.--
(1) Effect of designation.--Nothing in the designation of
the Cahuilla Mountain Wilderness by this title affects the
unique cultural artifacts and sacred sites of the Indian
tribes that are contained within that wilderness area, as
identified by Indian tribes and the Forest Service.
(2) Access and use.--To the extent practicable, the
Secretary shall ensure access to the Cahuilla Mountain
Wilderness by members of an Indian tribe for traditional
cultural purposes. In implementing this subsection, the
Secretary, upon the request of an Indian tribe, may
temporarily close to the general public use of one or more
specific portions of the wilderness area in order to protect
the privacy of traditional cultural activities in such areas
by members of the Indian tribe. Any such closure shall be
made to affect the smallest practicable area for the minimum
period necessary for such purposes. Such access shall be
consistent with the purpose and intent of Public Law 95-341
(42 U.S.C. 1996), commonly referred to as the American Indian
Religious Freedom Act, and the Wilderness Act (11 U.S.C. 1131
et seq.).
(3) Indian tribe defined.--In this subsection, the term
``Indian tribe'' means any Indian tribe, band, nation, or
other organized group or community of Indians which is
recognized as eligible by the Secretary of the Interior for
the special programs and services provided by the United
States to Indians because of their status as Indians.
TITLE II--WILD AND SCENIC RIVER DESIGNATIONS
SEC. 201. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE
COUNTY, CALIFORNIA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following new
paragraphs:
``(_) North Fork San Jacinto River, California.--The
following segments of the North Fork San Jacinto River in the
State of California, to be administered by the Secretary of
Agriculture:
``(A) The 2.12-mile segment from the source of the North
Fork San Jacinto River at Deer Springs in Mt. San Jacinto
State Park to the State Park boundary, as a wild river.
``(B) The 1.66-mile segment from the Mt. San Jacinto State
Park boundary to the Lawler Park boundary in section 26,
township 4 south, range 2 east, San Bernardino meridian, as a
scenic river.
``(C) The 0.68-mile segment from the Lawler Park boundary
to its confluence with Fuller Mill Creek, as a recreational
river.
``(D) The 2.15-mile segment from its confluence with Fuller
Mill Creek to .25 miles upstream of the 5S09 road crossing,
as a wild river.
``(E) The 0.6-mile segment from .25 miles upstream of the
5S09 Road crossing to its confluence with Stone Creek, as a
scenic river.
``(F) The 2.91-mile segment from the Stone Creek confluence
to the northern boundary of section 17, township 5 south,
range 2 east, San Bernardino meridian, as a wild river.
``(_) Fuller Mill Creek, California.--The following
segments of Fuller Mill Creek in the State of California, to
be administered by the Secretary of Agriculture:
``(A) The 1.2-mile segment from the source of Fuller Mill
Creek in the San Jacinto Wilderness to the Pinewood property
boundary in section 13, township 4 south, range 2 east, San
Bernardino meridian, as a scenic river.
``(B) The 0.9-mile segment in the Pine Wood property, as a
recreational river.
``(C) The 1.4-mile segment from the Pinewood property
boundary in section 23, township 4 south, range 2 east, San
Bernardino meridian, to its confluence with the North Fork
San Jacinto River, as a scenic river.
``(_) Palm Canyon Creek, California.--The 8.1-mile segment
of Palm Canyon Creek in the State of California from the
southern boundary of section 6, township 7 south, range 5
east, San Bernardino meridian, to the San Bernardino National
Forest boundary in section 1, township 6 south, range 4 east,
San Bernardino meridian, to be administered by the Secretary
of Agriculture as a wild river, and the Secretary shall enter
into a cooperative management agreement with the Agua
Caliente Band of Cahuilla Indians to protect and enhance
river values.
``(_) Bautista Creek, California.--The 9.8-mile segment of
Bautista Creek in the State of California from the San
Bernardino National Forest boundary in section 36, township 6
south, range 2 east, San Bernardino meridian, to the San
Bernardino National Forest boundary in section 2, township 6
south, range 1 east, San Bernardino meridian, to be
administered by the Secretary of Agriculture as a
recreational river.''.
TITLE III--ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN
JACINTO MOUNTAINS NATIONAL MONUMENT
SEC. 301. BOUNDARY ADJUSTMENT, SANTA ROSA AND SAN JACINTO
MOUNTAINS NATIONAL MONUMENT.
Section 2 of the Santa Rosa and San Jacinto Mountains
National Monument Act of 2000 (Public Law 106-351; 114 U.S.C.
1362; 16 U.S.C. 431 note) is amended by adding at the end the
following new subsection:
``(e) Expansion of Boundaries.--In addition to the land
described in subsection (c), the boundaries of the National
Monument shall include the following lands identified as
additions to the National Monument on the map titled `Santa
Rosa-San Jacinto National Monument Expansion and Santa Rosa
Wilderness Addition', and dated March 12, 2008:
``(1) The `Santa Rosa Peak Area Monument Expansion'.
``(2) The `Snow Creek Area Monument Expansion'.
``(3) The `Tahquitz Peak Area Monument Expansion'.
``(4) The `Southeast Area Monument Expansion', which is
designated as wilderness in section 512(d), and is thus
incorporated into, and shall be deemed part of, the Santa
Rosa Wilderness.''.
SEC. 302. TECHNICAL AMENDMENTS TO THE SANTA ROSA AND SAN
JACINTO MOUNTAINS NATIONAL MONUMENT ACT OF
2000.
Section 7(d) of the Santa Rosa and San Jacinto Mountains
National Monument Act of 2000 (Public Law 106-351; 114 U.S.C.
1362; 16 U.S.C. 431 note) is amended by striking ``eight''
and inserting ``a majority of the appointed''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Costa) and the gentleman from California (Mr. Nunes)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. COSTA. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. COSTA. Mr. Speaker, I yield myself such time as I may consume.
H.R. 3682 will designate more than 180,000 acres of new and potential
wilderness in Riverside County, California. H.R. 3682 also will add 31
miles of new river segments to the National Wild and Scenic River
System and add nearly 8,400 acres to the Santa Rosa-San Jacinto
Mountains National Monument.
This legislation is carried by Representative Bono Mack, the author
of the bill. We want to commend her on her diligence. She has spent
years crafting this legislation. Her hard work has paid off with a
conservation achievement that takes careful account of fire concerns,
which are oftentimes a part of the natural conditions of that area,
recreational interests and all of the magnificent resources that lie
within her beautiful district.
This measure, H.R. 3682, will protect dramatic mountain vistas and
vast desert landscapes, coastal sage and scrub and chaparral, and
ancient Joshua trees. The areas covered by the bill include the largest
ironwood ecosystem in the California desert, and one of the most
pristine watersheds in southwestern California.
This legislation has broad support from over 400 organizations and
businesses including local, State and national wilderness groups, as
well as the National Hispanic Environmental Council.
Mr. Speaker, I urge Members to support this measure, H.R. 3682, as
amended.
I reserve the balance of my time.
Mr. NUNES. Mr. Speaker, I yield myself such time as I may consume.
I want to commend Congresswoman Mary Bono Mack for including the
language in this wilderness legislation that will allow fuels reduction
and prescribed burns in wilderness areas, just as the 1964 Wilderness
Act allows.
[[Page 11832]]
Also commendable is codifying an energy corridor which will allow
renewable energy to be created and transferred through this new
wilderness area.
I would like to thank Chairman Rahall and his staff for allowing this
language to be included in the bill, and I look forward to seeing this
commonsense language included in future wilderness legislation. It will
help protect lives and help provide energy which I think is critical as
we begin to look at new wilderness areas being created around the
country.
Mr. Speaker, I reserve the balance of my time.
Mr. COSTA. I reserve.
Mr. NUNES. Mr. Speaker, I would like to yield such time as he may
consume to the gentleman from Georgia (Mr. Westmoreland).
Mr. WESTMORELAND. I thank my friend for yielding.
It was mentioned a while ago about all of the different land that was
available for oil companies to drill in, that they weren't taking
advantage of, and I would like to quote some figures, Mr. Speaker, for
you and for the American people to hear because one of the things, I
guess, that is part of this secret plan for our energy is to tax oil
companies. Somehow the majority has got in their mind by taxing
companies, the price of their product is going to come down. I don't
understand that, and I know that most of the people in the Third
Congressional District of Georgia do not understand that, and I am sure
there are probably people all over the world that don't understand
that. But that seems to be their answer to everything, is to raise
taxes.
When you talk about, Mr. Speaker, domestic oil and gas production, in
2006 the top 27 U.S. energy producing companies paid $81.5 billion in
corporate Federal income taxes. That is $81.5 billion in corporate
taxes, an 81 percent increase over 2004. In addition, they paid $3.1
billion in State and local government taxes. Those 27 companies paid 21
percent of the total corporate income taxes collected by this Federal
Government in 2006. These 27 companies paid 21 percent of all the
corporate taxes paid into the Federal Government.
Yet these 27 companies make up one one-thousandth of the domestic
corporate filers. And yet they paid 21 percent of all the total
corporate Federal taxes paid into our treasury.
Total non-income taxes paid in 2006 by the big 27 was $8.2 billion,
and that was a 46 percent increase over 2004. Excise taxes collected by
these same 27 companies on behalf of the Federal, State and local
governments total $48.1 billion in 2006.
In 2006, these 27 companies were responsible for 44 percent of the
total U.S. crude oil and natural gas production, and 81 percent of the
domestic refining capacity.
For fiscal year 2006, $10.48 billion was collected in the form of
bonus bids, rent and royalties from oil and gas companies operating on
Federal lands.
The OCS, the Outer Continental Shelf, covers 1.7 billion acres of
which 85 percent is off-limits to drilling. However, the Minerals
Management Service broke records for bonus bids in several recent OCS
lease sales. Last summer in the western gulf off the shore of Texas
they received more than $289.9 million for tracts totaling 18 million
acres. In February 2008 they received $2.6 billion for leases covering
approximately 2.7 million acres in the Chukchi Sea. And in March, they
received $3.7 billion in bonus bids in the central and eastern Gulf of
Mexico.
The CRS estimates that ANWR production would deliver $191.1 billion
in corporate income tax and royalty to the Federal treasury at today's
prices.
So while they may not be drilling, you can see that 85 percent of the
Federal land is off-limits. Maybe the land that they have to drill on
doesn't have any oil reserves under it, any natural gas under it, any
coal under it. That would be something, Mr. Speaker, for the chairman
of the subcommittee to tell us, if there are any oil reserves or
natural gas reserves or coal reserves under this 85 percent of Federal
lands that does not have the ability to be drilled under. And then if
it does have reserves for oil or natural gas or coal, maybe he could
tell us, Mr. Speaker, why we can't drill there, why it is off-limits,
what technology are we missing to be able to drill in an
environmentally friendly way.
So yes, some of these companies do have land that they may be able to
drill on. But as we see that this is a profitable thing for the Federal
Government, to allow those companies to drill domestically, we can see
the amount of money that it brings in. And goodness knows, the way the
majority party loves to spend money, they passed a thing called PAYGO,
the American people pay and we will go spend it. Now this is a great
opportunity to get more revenue coming into our treasury by allowing us
to take advantage of our own resources that we have in this country.
Mr. COSTA. Mr. Speaker, as the chairman of the Subcommittee on Energy
and Minerals on Public Lands, it is my opinion that the oil and gas
companies would not be buying the leases to these lands if they did not
believe that oil and gas could be produced there. Yet these same
companies are producing in other areas. Two months ago I was in the
Gulf of Mexico surveying a lot of good work that is being done there,
American companies and others that are actively drilling for both oil
and gas.
But let me repeat again the current circumstance which we are dealing
with. Trends include not only the fact that 13 million acres are
actually being used out of the 47 million acres that are on shore, but
when you look at offshore, 10 million acres of the gas and oil land
that has been leased to these companies are being used out of the 44
million acres that are currently being leased.
If we extrapolate from that, the fact is that today's production
rates on Federal land and waters, we can estimate that 68 million acres
of leased but currently inactive Federal land and waters could produce
4.8 million barrels of oil and 44.7 billion cubic feet of natural gas
each day, if the vast amount of land that is leased on which permits to
drill have been allowed but is not currently being utilized were taking
place. Are there other opportunities or options out there along with
all of the other variables of trying to come together with a
comprehensive energy plan, certainly. But I think my parents told me a
long time ago that to be prudent, you first ought to use those
available resources that have been approved by both the Federal
Government in terms of Federal lands, both on shore as well as
offshore, and the States that we are also dealing with in the
circumstance.
So we are inventorying them and keeping a close eye on it, and we
want to encourage that those lands already leased are utilized to the
degree they could be utilized. And clearly, obviously, we will continue
to look at all of the renewable sources of energy that are in our
energy toolbox because there is no one silver bullet.
I reserve the balance of my time.
Mr. NUNES. Mr. Speaker, I would like to inquire how much time is
remaining.
The SPEAKER pro tempore. The gentleman from California (Mr. Nunes)
has 13 minutes. The gentleman from California (Mr. Costa) has 15\1/2\
minutes.
{time} 1500
Mr. NUNES. I yield myself as much time as I may consume.
The key here, Mr. Speaker, is that 86 percent of our Federal lands
are off-use for drilling. What we have to really recognize in this
country is that we have to quit blaming people and have to start, in my
opinion, place the blame on ourselves. It's not a Democrat problem;
it's not a Republican problem. It's the whole Congress itself that's
the problem, because for decades now, we haven't been able to open up
the Federal lands for drilling for oil. And there's a lot of us in this
body who believe that what we ought to do is open up these areas for
drilling, but, instead of using that tax revenue to go to pay for a lot
of the things that we waste money here in Washington on, but instead
take that tax revenue and invest it into the next generation of energy.
That's what we're attempting
[[Page 11833]]
to do on the Republican side of the aisle.
We actually, I've worked with, including Mr. Costa and other
Democrats, to develop bipartisan legislation that would, in fact, open
these areas up for drilling, and then basically make the largest
investment in American-made energy in our Nation's history. And that's
how we move from fossil fuels to the next generation of clean and
renewable energy.
Today a half a percent of our total energy is produced from solar and
wind power; and so to think that we're going to go from a half a
percent anywhere close to the energy needs that we need, it's not
possible at this time, Mr. Speaker, and we need to be honest with the
American people about what really is the problem, why don't we have an
abundant energy availability in this country? Why are we exporting so
many dollars overseas?
And the longer that we sit around and blame oil companies or blame
OPEC or blame speculators, quite frankly, the longer it is the American
people are going to be paying $5 per gallon per gas, as they are in
California, or possibly even higher.
What I'd like to see us do, Mr. Speaker, I said this earlier,
bringing bills to the floor that are not only wilderness bills but
would actually open up large vast areas for drilling, and not only
bringing these bills to the floor, but bringing them up in a way where
they don't come to the floor with a closed rule, where the Republicans
can't offer any of their alternatives. Because, essentially, what's
happening is that a majority of this Congress, I believe, both
Republicans and Democrats, would vote to open up for drilling in this
country. They would vote for that. We'd probably get 230, 240 votes, I
would think. Because a lot of the folks that were elected last year,
that helped put the Democrats in the majority, they ran on a pro-
drilling platform. The problem is that we have to allow those people
that were elected here, the new Members to this body, to have a chance,
under an open rule, to vote on things that will really make substantial
impacts for the American people.
And I believe that if we have open rules in this Congress, where we
bring bills to the floor that we can actually vote on, the majority
will rule, and it would be a majority of Republicans and Democrats
working together to open up our energy resources in this country so
that we can begin to rely on American-made energy, and not continuing
to export so many dollars outside of this country, which is, in my
opinion, one of the most irresponsible things that this Congress has
done for decades.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. COSTA. In closing, Mr. Speaker, I'd urge the Members to support
H.R. 3682, as amended, and 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. Costa) that the House suspend the rules
and pass the bill, H.R. 3682, 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.
____________________
RECOGNIZING THE 100TH ANNIVERSARY OF THE OZARK NATIONAL FOREST
Mr. COSTA. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 1158) recognizing the 100th anniversary of the
establishment of the Ozark National Forest in Arkansas.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1158
Whereas on March 6, 1908, President Theodore Roosevelt set
aside by proclamation 917,944 acres of land for conservation
purposes, which was designated as the Ozark National Forest;
Whereas the Ozark National Forest was the first federally
protected stand of hardwoods in the United States;
Whereas the Ozark National Forest is home to Arkansas's
tallest mountain, Mount Magazine;
Whereas the Ozark National Forest is home to Blanchard
Springs Caverns, which is a magnificent limestone cave
system, and the only cave system featuring guided tours
administered by the Forest Service;
Whereas in 2006, the Ozark National Forest helped enrich
the lives of 2.1 million visitors by sharing the beauty of
Arkansas, which is known as ``The Natural State'';
Whereas diverse flora in the region include more than 500
species of trees and woody plants, and hardwoods occupy 65
percent of the forests; and
Whereas the Ozark National Forest operates outstanding
destinations for visitors, including the Lake Wedington
Recreation Area, which is on the National Register of
Historic Places, White Rock Mountain, 6 National Scenic
Byways that offer spectacular views of the Ozark Mountains,
over 200 camping and picnic sites, 9 swimming beaches, 11
special interest areas, 5 wilderness areas, hundreds of miles
of trails, including the Moccasin Gap Horse Trail, the
Huckleberry Mountain Horse Trail, the Mill Creek Trail, and
the Ozark Highlands Trail, trails for hiking, mountain
biking, and recreational off-highway vehicles, and thousands
of acres of lakes and streams: Now, therefore, be it
Resolved, That the House of Representatives recognizes the
100th Anniversary of the establishment of the Ozark National
Forest in Arkansas.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Costa) and the gentleman from California (Mr. Nunes)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Costa).
General Leave
Mr. COSTA. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the resolution that is under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. COSTA. Mr. Speaker, I yield myself such time as I may consume.
House Resolution 1158 recognizes the 100th anniversary of the
establishment of the Ozark National Forest in Arkansas.
On March 6, 1908, then President Theodore Roosevelt set aside, by
proclamation, the Ozark National Forest which today includes more than
1 million acres in the northwestern part of the State. The Ozark
National Forest is one of the true gems of our national forest system,
providing extensive recreational opportunities, more than 500 species
of trees, habitat for 11 threatened or endangered species, and it's
very appropriate therefore today that the House recognize the forest's
100th anniversary.
This resolution is sponsored by the entire Arkansas delegation, and
they are to be commended for their work on this measure. Representative
John Boozman and the sponsor, Representative Mike Ross, have worked
particularly hard to get this measure to the floor today.
Mr. Speaker, I would ask that Members of the House support the
passage of House Resolution 1158.
I reserve the balance of my time.
Mr. NUNES. Mr. Speaker, I would like to yield myself such time as I
may consume.
House Resolution 1158, introduced by Congressman John Boozman and
supported by the entire Arkansas delegation, recognizes the 100th
anniversary of the establishment of the Ozark National Forest. 100
years ago, President Theodore Roosevelt set aside, by Presidential
proclamation, 917,000 acres of hardwood forest land in Arkansas.
I want to commend Congressman Boozman on his hard work and dedication
to recognize this unique and wonderful resource area that we have in
our country.
At this time I yield to my good friend from Georgia (Mr.
Westmoreland) as much time as he may consume.
Mr. WESTMORELAND. Mr. Speaker, I just wanted to bring up some more
points about the Federal lands since that's one of the main things that
we're talking about here today is Federal land. Coming from the
Committee on Natural Resources and, Mr. Speaker, being privileged
enough to be on the
[[Page 11834]]
floor today with the subcommittee chairman that has authority over
this, we have a problem in the fact that the majority, the Democratic
majority keeps making what I think are false arguments about oil
companies having the ability to drill on Federal lands right now.
The problem is that, and this is the reality, that 97 percent of the
Federal offshore areas and 94 percent of Federal onshore areas are not
leased by the government. 97 percent of offshore, 94 percent of
onshore. The government is stockpiling these leases, not the oil
companies.
And I'm not being a big defender of the oil companies. I just know
that the truth is the truth. It's many things to many people. But at
the end of the day, it's the truth. And the truth is that they are not
stockpiling these leases.
The truth is that raising taxes on them is not going to bring down
the price of gas. Oil companies are, indeed, drilling on these leases,
which have oil in them, and when there's a pipeline close that they can
ship this oil. You know, we haven't built a refinery in this country
since the late 1970s. So that would be, Mr. Speaker, a perfect bill to
bring to the floor where we can refine more oil.
We keep putting these boutique fuels on the market, and I forget, but
I think there's probably 16 or 18 of those boutique fuels now, three
different grades. We don't have the ability to refine even the crude
that we have. So a novel idea is, why don't we build some refineries
where some of these leases are, or where we know there are some oil
reserves?
You see, if these leases and this available land that's out there
does not have oil on it, why would somebody want to drill in a dry
hole?
And so, if the government is only leasing this land that they know is
a dry hole, how can they expect the oil companies to get oil out of it?
Well, that's a pretty novel idea. And the fact that we have the
leadership in this House, the Democrat leadership, the Speaker of the
House sending President Bush a letter demanding that he ask OPEC to do
more production, to do more drilling, when we're sitting here in this
country, with 97 percent of our Federal offshore areas and 94 percent
of our Federal onshore areas with no ability to drill on it. They must
have felt that was kind of interesting.
We cannot produce, and I say we, this country cannot produce its own
energy dependence by asking the companies that have the leases here to
drill on land that does not have the oil.
Now, with more than 2 billion acres of Federal lands not leased, how
can these oil companies find the oil?
We know the oil is under there. But if you're not going to lease the
land, you've only leased the land that doesn't have the oil, and then
you're saying that the oil companies aren't drilling on the land they
have, when the land they have does not have the oil. I'd like to hear
the answer to that one, Mr. Speaker.
We have got to open up these lands for us to be able to become
dependent on our natural resources and not the resources of others. I
think it's a great question, Mr. Speaker, that all the American people
would ask is, is there oil under this Federal land?
Is there environmentally safe ways to drill it?
Is there natural gas there?
Is there shale coal there?
Is there coal that can be converted to oil there?
If it's there, let's go get it. ANWR, today, I think it was released,
10.4 billion, that's billion with a B, barrels of oil. 10.4 billion.
Mr. Speaker, we could use that natural resource that this country has
to bring down the price of gas for the hardworking men and women of
this country. And, Mr. Speaker, I hope that the American people will
get an answer from the Democratic leadership about this commonsense
plan, because surely the bill that was passed in January of 2007 was
not that commonsense plan. Surely they are holding this commonsense
plan for some reason.
And so I'm asking, the people of the Third District of Georgia are
asking, and, Mr. Speaker, I think the American people are asking, where
is this commonsense plan?
Mr. COSTA. Mr. Speaker, the gentleman from Georgia indicated earlier
in his comments with regards to statistics gained by the Minerals and
Management Service, which the last time I've checked has been under the
executive branch of our Republican administration, has increased the
leases to public lands, both on and offshore, 361 percent.
In addition, the gentleman from Georgia indicated that there is an
increase in revenues to the Minerals and Management Service, therefore
to our Nation's treasury, because, in fact, more leases are being
provided, and there is more oil and gas being derived from those oil
leased lands.
{time} 1515
It is illogical and it would be unfactual to conclude that if
revenues are up and more energy companies are seeking those leases,
that they are seeking leases to lands that do not have oil nor gas. It
is clearly illogical and unfactual.
These energy companies are smart, competitive companies. They do not
lease lands that they have not surveyed and that they do not have a
great degree of certainty, based on the seismology, that in fact there
is oil and gas there; otherwise, these record bids that the gentleman
made reference to that just came back 2 months ago would not be record
bids for dry holes.
As a matter of fact, again, the Department of Interior that has been
under the stewardship of our Republican leadership for the last 7\1/2\
years recently released a report, a report by Secretary Kempthorne,
that indicates that only 38 percent of the oil and 16 percent of the
natural gas today on public lands, whether they be onshore or offshore,
are being excluded from leasing.
The fact of the matter is is that we need the energy. We need to do
everything we can to stabilize our gas prices. We need to reduce our
dependency from energy offshore. This administration and the previous
administration started that effort in 1999, but that alone will not
reduce our dependency on foreign sources of energy; therefore, we have
to work together in a bipartisan effort to use all of the various
energy management tools that are in our energy toolbox if we are going
to address this issue in the short term and the long term.
I reserve the balance of my time.
Mr. NUNES. Mr. Speaker, I would like to yield myself such time as I
may consume.
Mr. Speaker, I had the opportunity over the weekend to meet with
several legislators from Mexico. And a couple of the legislators asked
me--they were very confused as to why the United States is asking
Mexico to produce more oil because one of the legislators said, Well,
don't you have more oil in your country than we do? And why don't you
use your own oil in your own country? We will gladly sell it to you,
especially at $140 a barrel, but we don't understand why your
government doesn't allow for your own companies to drill for oil in
your own country.
Now, if the Mexican legislature has figured that out, you would think
that our legislature and our Congress could figure that out.
And so if we really want to end our reliance on foreign oil, it's
very simple. There's two major ways to do it: You can drill for oil and
gas in our own country on the 86 percent of the Federal lands that are
off-limits to our use, that's one way; and the second way is to build
nuclear power plants.
If we don't get serious about those two options, Mr. Speaker, we're
going to continue to pay higher prices for gas and oil, and we're also
going to continue to pay higher prices for electricity.
If we continue to make excuses, as people in this body have done for
decades, decades this has been happening, we're going to continue to
pay higher prices for fuel. I think it's time that we get serious about
this in this Congress, we pass meaningful legislation that opens up our
own areas for drilling for gas and oil so that we quit buying gas and
oil from the likes of the Middle
[[Page 11835]]
East, Venezuela, Nigeria, places that are, quite frankly, hostile in
most cases towards our country, and we start to buy energy in our own
country, drill for oil in our own country, create American-made energy,
create American jobs. And then as we begin to put that revenue into
solar and wind and future technologies that are going to allow for the
next generation of energy to come on line, that, coupled with nuclear
power, we can solve our Nation's energy problems.
But if we continue to allow the Democrat majority to place blame on
oil companies, place blame on OPEC, place blame on any everyone else
but themselves, we're going to pay high prices at the pump.
So I want to thank the gentleman, my good friend from California, for
allowing us this opportunity to express our thoughts on this, the
current energy situation, and on the wilderness areas that we're
creating today in these bills.
Mr. BOOZMAN. Mr. Speaker, today I rise to honor the Ozark National
Forest and offer my congratulations for a century of enriching the
lives of all Americans.
A proclamation from President Theodore Roosevelt on March 6, 1908,
dedicated the Ozark National Forest as the first federally protected
stand of hardwoods in the U.S. 917,944 acres of land was set aside by
President Roosevelt for the forest that currently covers more than one
million acres, most of which is in Northwest Arkansas.
This great landscape is one prime example of why Arkansas is called
the Natural State. The Ozark National Forest covers some of the
region's most magnificent scenery. The Ozark National Forest is home to
Mount Magazine, the tallest mountain in the state, as well as Blanchard
Springs Caverns, a magnificent limestone cave system, and the only cave
system featuring guided tours administered by the Forest Service.
I'm grateful for the efforts of all Forest Service employees,
volunteers and sportsmen who serve as stewards in the preservation and
management of this great land.
I thank my colleagues for passing this resolution to honor the 100th
Anniversary of this great Arkansas treasure.
Mr. NUNES. I yield back the balance of my time.
Mr. COSTA. Mr. Speaker, I would like to urge the support of the
passage of House Resolution 1158.
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. Costa) that the House suspend the rules
and agree to the resolution, H. Res. 1158.
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.
____________________
KENDELL FREDERICK CITIZENSHIP ASSISTANCE ACT
Ms. ZOE LOFGREN of California. Mr. Speaker, I move to suspend the
rules and pass the Senate bill (S. 2516) to assist members of the Armed
Forces in obtaining United States citizenship, and for other purposes.
The Clerk read the title of the Senate bill.
The text of the Senate bill is as follows:
S. 2516
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 ``Kendell Frederick
Citizenship Assistance Act''.
SEC. 2. FINGERPRINTS AND OTHER BIOMETRIC INFORMATION FOR
MEMBERS OF THE UNITED STATES ARMED FORCES.
(a) In General.--Notwithstanding any other provision of
law, including section 552a of title 5, United States Code
(commonly referred to as the ``Privacy Act of 1974''), the
Secretary of Homeland Security shall use the fingerprints
provided by an individual at the time the individual enlisted
in the United States Armed Forces, or at the time the
individual filed an application for adjustment of status, to
satisfy any requirement for background and security checks in
connection with an application for naturalization if--
(1) the individual may be naturalized pursuant to section
328 or 329 of the Immigration and Nationality Act (8 U.S.C.
1439, 1440);
(2) the individual was fingerprinted and provided other
biometric information in accordance with the requirements of
the Department of Defense at the time the individual enlisted
in the United States Armed Forces;
(3) the individual--
(A) submitted an application for naturalization not later
than 24 months after the date on which the individual
enlisted in the United States Armed Forces; or
(B) provided the required biometric information to the
Department of Homeland Security through a United States
Citizenship and Immigration Services Application Support
Center at the time of the individual's application for
adjustment of status if filed not later than 24 months after
the date on which the individual enlisted in the United
States Armed Forces; and
(4) the Secretary of Homeland Security determines that the
biometric information provided, including fingerprints, is
sufficient to conduct the required background and security
checks needed for the applicant's naturalization application.
(b) More Timely and Effective Adjudication.--Nothing in
this section precludes an individual described in subsection
(a) from submitting a new set of biometric information,
including fingerprints, to the Secretary of Homeland Security
with an application for naturalization. If the Secretary
determines that submitting a new set of biometric
information, including fingerprints, would result in more
timely and effective adjudication of the individual's
naturalization application, the Secretary shall--
(1) inform the individual of such determination; and
(2) provide the individual with a description of how to
submit such biometric information, including fingerprints.
(c) Cooperation.--The Secretary of Homeland Security, in
consultation with the Secretary of Defense, shall determine
the format of biometric information, including fingerprints,
acceptable for usage under subsection (a). The Secretary of
Defense, or any other official having custody of the
biometric information, including fingerprints, referred to in
subsection (a), shall--
(1) make such prints available, without charge, to the
Secretary of Homeland Security for the purpose described in
subsection (a); and
(2) otherwise cooperate with the Secretary of Homeland
Security to facilitate the processing of applications for
naturalization under subsection (a).
(d) Electronic Transmission.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Homeland Security shall, in coordination with the Secretary
of Defense and the Director of the Federal Bureau of
Investigation, implement procedures that will ensure the
rapid electronic transmission of biometric information,
including fingerprints, from existing repositories of such
information needed for military personnel applying for
naturalization as described in subsection (a) and that will
safeguard privacy and civil liberties.
(e) Centralization and Expedited Processing.--
(1) Centralization.--The Secretary of Homeland Security
shall centralize the data processing of all applications for
naturalization filed by members of the United States Armed
Forces on active duty serving abroad.
(2) Expedited processing.--The Secretary of Homeland
Security, the Director of the Federal Bureau of
Investigation, and the Director of National Intelligence
shall take appropriate actions to ensure that applications
for naturalization by members of the United States Armed
Forces described in paragraph (1), and associated background
checks, receive expedited processing and are adjudicated
within 180 days of the receipt of responses to all background
checks.
SEC. 3. PROVISION OF INFORMATION ON MILITARY NATURALIZATION.
(a) In General.--Not later than 30 days after the effective
date of any modification to a regulation related to
naturalization under section 328 or 329 of the Immigration
and Nationality Act (8 U.S.C. 1439, 1440), the Secretary of
Homeland Security shall make appropriate updates to the
Internet sites maintained by the Secretary to reflect such
modification.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Homeland Security, not later than 180 days
after each effective date described in subsection (a), should
make necessary updates to the appropriate application forms
of the Department of Homeland Security.
SEC. 4. REPORTS.
(a) Adjudication Process.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit a report to the appropriate congressional
committees on the entire process for the adjudication of an
application for naturalization filed pursuant to section 328
or 329 of the Immigration and Nationality Act (8 U.S.C. 1439,
1440), including the process that--
(A) begins at the time the application is mailed to, or
received by, the Secretary, regardless of whether the
Secretary determines that such application is complete; and
(B) ends on the date of the final disposition of such
application.
[[Page 11836]]
(2) Contents.--The report submitted under paragraph (1)
shall include a description of--
(A) the methods used by the Secretary of Homeland Security
and the Secretary of Defense to prepare, handle, and
adjudicate such applications;
(B) the effectiveness of the chain of authority,
supervision, and training of employees of the Federal
Government or of other entities, including contract
employees, who have any role in such process or adjudication;
and
(C) the ability of the Secretary of Homeland Security and
the Secretary of Defense to use technology to facilitate or
accomplish any aspect of such process or adjudication and to
safeguard privacy and civil liberties.
(b) Implementation.--
(1) Study.--The Comptroller General of the United States
and the Inspector General of the Department of Homeland
Security shall conduct a study on the implementation of this
Act by the Secretary of Homeland Security and the Secretary
of Defense, including an assessment of any technology that
may be used to improve the efficiency of the naturalization
process for members of the United States Armed Forces and an
assessment of the impact of this Act on privacy and civil
liberties.
(2) Report.--Not later than 180 days after the date on
which the Secretary of Homeland Security submits the report
required under subsection (a), the Comptroller General and
the Inspector General shall submit a report to the
appropriate congressional committees on the study required by
paragraph (1) that includes recommendations for improving the
implementation of this Act.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on the Judiciary of the Senate;
(4) the Committee on Armed Services of the House of
Representatives;
(5) the Committee on Homeland Security of the House of
Representatives; and
(6) the Committee on the Judiciary of the House of
Representatives.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Zoe Lofgren) and the gentleman from Iowa (Mr. King)
each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. ZOE LOFGREN of California. Mr. Speaker, I ask unanimous consent
that all Members have 5 legislative days to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. ZOE LOFGREN of California. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, S. 2516, the Kendell Frederick Citizenship Assistant
Act, pays tribute to the memory of 21-year-old Army Reserve Specialist
Kendell K. Frederick who was killed in Iraq while attempting to become
an American citizen.
Specialist Frederick was born in Trinidad and immigrated to the
United States when he was 15 years old to join his mother, stepfather,
and two sisters. He attended Randallstown Senior High in Baltimore
County, Maryland, where he joined the school's ROTC program. Specialist
Frederick enlisted in the Army Reserve in his senior year and was
deployed to Iraq in December of 2004.
As he was serving our country, Specialist Frederick sought to apply
for U.S. citizenship, yet one bureaucratic hurdle after another delayed
his application.
First, the USCIS failed to route his application to the unit that
processes naturalization applications for members of the military. The
gentleman then rejected his application for failure to pay an
application fee even though active military personnel applying for U.S.
citizenship are not required to pay that fee.
Next, the agency directed Specialist Frederick to get his
fingerprints taken in Maryland despite the obvious fact that he was
deployed in Iraq at the time. Besides, he had recently had his
fingerprints taken as part of his background check when he enlisted in
the Army Reserve.
But when his mother called the agency's help line, she was told that
nothing could be done.
Finally, after trying for more than a year to become a U.S. citizen
and having his application rejected and delayed as a result of various
bureaucratic failings by his own government, Specialist Frederick was
forced to travel on a convoy to a base where he could get his
fingerprints taken again for his naturalization application.
Tragically, he was killed en route by a roadside bomb. Specialist
Frederick was posthumously granted U.S. citizenship a week after his
death.
S. 2516 would remove unnecessary procedural hurdles like the ones
Specialist Frederick faced for naturalization applications currently or
recently serving in the military. Most importantly, it directs Homeland
Security to accept fingerprints taken at the time of enlistment as long
as they are otherwise acceptable.
The House has already passed legislation similar to S. 2516. It was
introduced by Representative Elijah Cummings. It was H.R. 2884, the
Kendell Frederick Citizenship Act, and passed the House by voice vote
on November 6 of last year. There are a few minor differences between
the House-passed bill and the Senate bill, but both accomplish the goal
of removing these bureaucratic hurdles to our soldiers becoming U.S.
citizens.
Therefore, I ask that my colleagues support the passage of this bill
so that we can get the bill to the President and signed into law as
quickly as possible.
Approximately 45,000 lawful permanent residents are currently serving
in our Armed Forces. More than 35,000 noncitizen members of the
military have applied for U.S. citizenship since 2002.
This bill is an excellent measure that will help ensure that from now
on American soldiers do not face some unnecessary, unreasonable hurdles
to American citizenship that cost Specialist Frederick his life. Much
more needs to be done to assist America's soldiers with their hassles
with our immigration system. But this bill is a good first step, and I
urge my colleagues to support it.
I reserve the balance of my time.
Mr. KING of Iowa. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, Specialist Kendall Frederick was a 21-year-old U.S. Army
soldier serving in Iraq who dreamed of becoming an American citizen. He
was born in Trinidad and came to this country when he was 15 years old.
Specialist Frederick joined ROTC while in high school--and I would
point out there are increasing numbers of high schools that have denied
ROTC presence on their campus. Not the case for Specialist Frederick
and we are thankful.
He joined the Army after he graduated. On October 19, 2005, he was
tragically killed by a roadside bomb while traveling in a convoy to a
base. He was granted U.S. citizenship posthumously, but he never knew
he was an American citizen. Tragically, the very reason that he was in
that convoy that day was to get fingerprinted in order to achieve his
dream.
We know that Kendell Frederick wanted to be an American citizen but
bureaucracy stood in his way. He had been trying to become an American
citizen for over a year, Mr. Speaker, having started the process while
he was in training.
His mother and his sergeant in Iraq tried to help him, but they
didn't know the rules. His efforts to become a citizen were thwarted by
bureaucratic misinformation and other obstacles.
While he was fighting for our country in Iraq, he was told that he
had to have his fingerprints retaken in Maryland. When his mother
called 1-800-IMMIGRATION, it's a USCIS unit, United States Citizenship
and Immigration Services hotline for immigration assistance, and tried
to explain that he was fighting in a war and was, I should say, tied up
at the time, as John McCain might say, he could not come home to
Baltimore to be fingerprinted so she was told that there was nothing
they could do.
This is wrong and this is intolerable that our soldiers are unable to
get correct information, Mr. Speaker. They should be given every
possible assistance in applying for citizenship.
Last year, the House passed H.R. 2884 which provides that a soldier
who submits a naturalization application within 24 months of enlistment
can have
[[Page 11837]]
that application processed using the fingerprints that were taken at
the time of his enlistment. I supported that bill then which was
designed to and does honor Specialist Frederick and all of our lawful
permanent resident servicemembers.
Today we're considering S. 2516 which is a bill the Senate passed
that makes a few technical changes to H.R. 2884. I urge my colleagues
to support this bill. It has taken us some time to get this resolved. I
trust it will be resolved today in this House, Mr. Speaker, and done so
with great gratitude from this Congress and the United States people to
Specialist Kendell Frederick and to all of those who have given their
lives and parts of their lives and some their limbs for the freedom of
this great country.
Mr. Speaker, I have no further speakers, and I yield back the balance
of my time.
Ms. ZOE LOFGREN of California. Mr. Speaker, I yield back the balance
of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend
the rules and pass the Senate bill, S. 2516.
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.
____________________
{time} 1530
EB-5 REGIONAL CENTER PILOT PROGRAM EXTENSION
Ms. ZOE LOFGREN of California. Mr. Speaker, I move to suspend the
rules and pass the bill (H.R. 5569) to extend for 5 years the EB-5
regional center pilot program, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5569
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXTENSION OF EB-5 REGIONAL CENTER PILOT PROGRAM.
Section 610(b) of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 1993 (8 U.S.C. 1153 note) is amended by striking ``shall
set aside'' and all that follows through ``eligible for
admission'' and inserting ``shall set aside 3,000 visas
annually for 20 years to include such aliens as are eligible
for admission''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of the Congress that, to the extent
practicable, qualifying investments under section 610 of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153
note) should be made in targeted employment areas (as defined
in section 203(b)(5)(B)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5)(B)(ii))), including
rural areas (areas other than an area within a metropolitan
statistical area or within the outer boundary of any city or
town having a population of 20,000 or more (based on the most
recent decennial census of the United States)) and high
unemployment areas (areas that have experienced unemployment
of at least 150 percent of the national average rate).
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Zoe Lofgren) and the gentleman from Iowa (Mr. King)
each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. ZOE LOFGREN of California. Mr. Speaker, I ask unanimous consent
that all Members have 5 legislative days to revise and extend their
remarks and to include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. ZOE LOFGREN of California. Mr. Speaker, I yield myself such time
as I may consume.
Today, we move to extend an immigration program proven to promote
investment and to create jobs for American workers. H.R. 5569 would
extend the EB-5 regional center pilot program for 5 years. Unless
Congress acts, the regional center pilot program will sunset on
September 30 of this year.
Congress created the fifth employment-based preference, known as EB-
5, immigrant visa category in 1990 for immigrant investors. To qualify
for a green card, the investor must prove that the investment is in a
commercial enterprise that will benefit the United States economy and
create at least 10 full-time jobs.
In general, investors must invest at least $1 million. However, that
amount can be reduced to $500,000 if the investment is made in a rural
or high unemployment area.
Approximately 10,000 visas have been made available in the EB-5 green
card category each year. But the category has been underutilized ever
since it came into being.
To help further encourage this program, Congress created a temporary
pilot program in 1993. The regional center pilot program allocates
3,000 visas each year, out of the 10,000 available, for EB-5 investors
who invest in so-called designated regional centers.
Under the immigrant investor pilot program, an applicant seeking EB-5
status must make the qualifying investment within an approved regional
center. The requirement to create at least 10 new jobs, however, can be
met by showing that, as a result of the new enterprise, such jobs will
be created either directly or indirectly.
The regional center program is vital for our economy. For example, in
fiscal year 2007, a total of 806 investors and family members
immigrated to the United States in the EB-5 category.
That is not very many people, but even at that level, the EB-5
immigrant investor program is expected this year to generate an annual
rate of $1 billion in aggregate immigrant investment, creating more
than 20,000 new direct and indirect jobs. Usage of the program is
expanding as new regional centers get approved.
The regional center program helps get investment money to some of the
Nation's poorest communities, creating jobs and revitalizing
communities. In Vermont's poorest county, for example, a regional
center investment has put $17.5 million into a ski resort at Jay Peak.
This project is expected to create close to 2,000 jobs in the area,
according to the New York Times.
It is important that Congress reauthorize the EB-5 regional center
program. The pilot program has been renewed several times, and is
currently due to expire, as I said earlier, on September 30 of this
year. This bill would extend the EB-5 regional center pilot program for
5 years, until September 30, 2013.
When the subcommittee reviewed this bill, we had a discussion about
looking at the level of investment and also the possibility of
including venture capital-driven investments, where it's really the
patents and ideas that are creating the jobs. We hope to be able to
work with the minority to further pursue those ideas at a subsequent
date. It should not deter us from proceeding today with this program
that has proven to be valuable to our Nation by creating jobs for
Americans.
I reserve the balance of my time.
Mr. KING of Iowa. Mr. Speaker, I yield myself so much time as I may
consume.
Mr. Speaker, the investor visa program is designed to attract
entrepreneurial talent and capital to the United States and to create
American jobs. Under this program, permanent resident visas are
available each year to aliens who establish a new business in the
United States and invest between $500,000 and $1 million in the
business and eventually create at least 10 full-time jobs for American
workers.
Once the Department of Homeland Security approves an alien business
plan, the alien receives conditional permanent residence status. Two
years later, the Department of Homeland Security determines whether the
above requirements have, in fact, been met. If they have, the alien
receives permanent residence.
To further encourage economic development, back in 1993, Congress
created a temporary pilot program that set aside 3,000 investor visas
each year for aliens who invested at least $500,000 in designated
regional centers.
A regional center is any economic unit, public or private, which is
involved with the promotion of economic
[[Page 11838]]
growth, including increased export sales or improved regional
productivity or job creation or increased domestic or capital
investment.
Further, a regional center shall have jurisdiction over a limited
geographical area which shall be described in the proposal and
consistent with the purpose of concentrating pooled investment in
defined economic zones.
The establishment of a regional center may be based on jobs that will
be created, directly or indirectly, as a result of such capital
investments and the other positive economic effects such capital
investments will have.
I should acknowledge, Mr. Speaker, that one of the operating pilot
projects is the Iowa New Farm Family Project, under which host
communities are inviting farm families to establish modern dairy farms
in Iowa.
And according to Iowa State University, which is our resident
authority on the subject matter, ``The project has the potential to
enrich Iowa communities with young families who establish value-added
agricultural businesses . . . and foster healthy economic development .
. . The . . . project,'' which is the Iowa New Farm Family Project, Mr.
Speaker, ``creates opportunities to increase the population of rural
communities, support agriculture, expand value-added agriculture, and
maintain Iowa's existing dairy processing industry.'' That's as
described by Iowa State University, the Iowa New Farm Family Project.
I want to point out that it has been successful, and it's not just
agriculture. It can be urban, too, depending on the region and the zone
as it's defined. It has been quite helpful to us in Iowa, and I am
grateful for the initiatives that have been taken by Members of this
House, Members of the Senate who have not just reached out in support
of this legislation but reached out to individuals and helped pave the
way through the bureaucratic nightmare to get investors to come into
the United States and establish themselves here, where often they will
find their economic opportunities have been dried up because of, let's
say, capital exchange or regulation.
It happens to be the case with our dutch dairy families that come in,
that the regulations have gotten so heavy in The Netherlands that they
want to continue their skill, their family tradition.
I note that the individual that stood at this particular microphone
ahead of me was the gentleman from California who has a dairy tradition
in his family, and you look back through generations. This establishes
a generational linkage, Mr. Speaker, that I'm very grateful for, and it
comes at a particularly good time, especially in the Midwest where we
are a center for renewable energy.
Some 6 or 7 years ago, we had almost no industry to produce ethanol,
and yet it began back in about 1978 and it began in my neighborhood in
my region. And as the first gallon of ethanol was pumped, it became
part of an alternative fuel that had been initiated in the late 1970s,
came to fruition about 6 or 7 years ago, and since the time I've come
to Congress, it has built such an industry in my region that we now,
the Fifth District of Iowa, are the number one renewable energy
producing congressional district in America out of all 435.
Because we have the ethanol industry in Iowa, it has been very
helpful to our dairy farmers because a byproduct of corn ethanol is the
dried distiller strain, or the mash if it comes in a wet form. And the
dairy farms have been able to utilize this, as well as anyone has, and
it's added value to all of our feed. It's added value to our rough
feed, and it's provided a high quality feed which makes it more
attractive for our dairy producers to move into the region.
So, the pressure that we're under today with $4 gas, and, by the way,
I just happened to check a receipt here, and I paid $141 for a tank of
gas, $141.52 on Saturday, Mr. Speaker. That's enough money to put into
a gas tank, and that was at $3.85. The folks on the west coast that are
over $4 a gallon feel this.
But what we've done is created a renewable energy industry in the
Midwest to help take on some of that burden of providing energy for
America. And when we do that, and as of the 2007 crop it hasn't really
brought forward the food versus fuel argument. We have produced more
corn than ever before, exported more corn than ever before, and still
left more corn for domestic consumption than ever before, and we have
produced over 9 billion gallons of ethanol. And the byproduct of that 9
billion, you get about a third of the weight of corn out into ethanol.
You get a third of the weight of corn that goes into feed for these
dairy cows, for example, and about a third of it goes off in
CO2. That's the simple breakdown, which I'll go into more
detail with perhaps a Special Order that I can get into the details,
Mr. Speaker.
But I want to point out that we need these dairy farmers in Iowa. The
energy situation is actually a plus because $4 gas holds up the price
of corn and holds up the price for ethanol and helps make these systems
work, and they're feeding the byproduct in a fashion that's producing
more milk in the Midwest. We are still today a net importer of milk in
a rural State like Iowa. So we can use some more.
But the regional center program expires in September. The bill will
extend the program an additional 5 years. I think this is a very
valuable program, and I support the passage of this bill.
I reserve the balance of my time.
Ms. ZOE LOFGREN of California. Mr. Speaker, I'm sure that we will
pass this bill. We have broad bipartisan support for it. But one of the
values of debating these bills is not just to enact law but to let the
public know of opportunities that the law provides to them.
And it might be instructive to citizens who are observing our
proceedings to know that these projects that are being investment-
driven through this program are in rural, as well as urban,
communities. The regional center staff--actually, it seems to me this
pilot project has proven--make this thing work.
And so there are areas in the country today that are having economic
problems. I would encourage those areas, through their local
governments, to look very carefully at whether they may want to utilize
this program as one piece of putting their economy on the road to
recovery.
I note that our colleague Sheila Jackson-Lee expressed her interest
in making sure that urban disadvantaged areas be looked at, and I note
that Houston, Texas, has actually one of the largest applications of
all. It is expected that they will have 7,000 jobs and a $350 million
investment.
So this is a great opportunity for America. I would hope that we will
pass this expeditiously. It is part of getting our economy on the move
again.
I would reserve the balance of my time.
Mr. KING of Iowa. Mr. Speaker, I yield myself so much time as I may
consume.
Mr. Speaker, I want to pick up on the point made by the gentlelady
from California about this is, of course, not by any means a complete
solution to the immigration circumstances, but we agree on some of
these points, and on this point of attracting investors to the United
States who will invest in businesses that create jobs and create
wealth, more importantly create wealth. Without the creation of wealth,
there's no money to pay the wages. Companies have to make money. It
takes capital of course and it takes labor, it takes ideas, it takes
energy, it takes a free market environment and a low regulatory
environment. The United States looks better than some of these other
countries in the world.
This sends the right message here today that this Congress is
interested in opening up and laying out the welcome mat, at least in
this specific case, where we ask investors to come into the United
States under this EB-5 program.
Then I would add that there are other interests that we at least
philosophically agree on, and one of those is highly skilled immigrants
coming into the United States and those that are highly educated. When
we can do the calculation on what kind of return we get from someone
who comes into the United States as a legal immigrant to
[[Page 11839]]
work here, to invest here, to start and run a business here, and we can
see what they will do from a prosperity perspective, what their
contribution will be to the economy and to the society, there are many
records that help support that.
What we do see, though, Mr. Speaker, is that between 89 and 93
percent of the legal immigration in America isn't based upon merit like
this program is.
{time} 1545
Most of it is based on familial connections, who are you related to,
as opposed to what can you do for the United States of America?
And I have said for years, we need an immigration policy that's
designed to enhance the economic, the social, and the cultural well-
being of the United States of America. Every Nation has to have an
immigration policy that is for them. And we held a hearing a year or
two ago about the point system that some of the countries have
established. Canada has one established; the United kingdom is
implementing a point system; New Zealand has one; and I believe
Australia is looking at one. Those countries come to mind, where they
give certain points for certain categories that demonstrate how a
person can contribute to society.
For example, higher education is one category that offers significant
merit. The next one is job skills; so that's earning capacity. Another
one is language skills, which says how easily they will be able to
assimilate in a society. It's not a barrier not having the language,
but it's easier to assimilate, of course, if you are fluent in the
language of the host country.
And another component is youth. If we bring people in here that are
65 years old, that qualify right away for Social Security and Medicare,
of course they're not going to be contributing to our economy. And so I
plugged myself into the Canadian equation and found out--I don't think
the welcome mat is open for me in Canada because I'm a little over the
hill, Mr. Speaker.
Youth is a big, important thing because, if you come in at age 22
with a college education, you can contribute to the economy for, let's
just say, 43 years before you retire. So youth is an important
criteria, as is education, as is job skills, as are language skills.
These things are all things that a wise country should reach out for
and craft an immigration policy that will enhance the economic, the
social, and the cultural well-being of the United States of America,
where 89-93 percent of our legal immigrants are not measured that way;
about seven to 11 percent are measured that way.
This is a measure on merit. It is strictly a capital investment, and
then meeting the other criteria about establishing the jobs in the
business. But I fully support it. It is a bipartisan effort. And it is
something that we agree on the theme and the philosophy. I wanted to
point out that I believe that we need to set a hard cap on our overall
immigration, and then start to shift within those visa allotments so
that we get a higher percentage of merit coming in legally into the
United States. And of course control the border, stop the bleeding
there; none of this matters unless we can do that, Mr. Speaker.
With that, Mr. Speaker, I yield back the balance of my time.
Ms. ZOE LOFGREN of California. Mr. Speaker, I appreciate that we will
likely have an extended debate next year when we visit again the issue
of comprehensive immigration reform. I don't want to get into a debate
today, I will just say a core principle of immigration law has always
been that the United States Government doesn't tell American citizens
who they get to fall in love with and marry. And a second core
principle is, when our U.S. citizen marries somebody from another
country, the American doesn't have to move to France, his wife gets to
move here. So that's something that we will protect as this debate goes
forward.
This bill has bipartisan support, and I urge its adoption.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in support H.R.
5569. I am proud to join my colleagues in cosponsoring this timely
legislation. I would like to thank my colleague, Congresswoman Zoe
Lofgren, Chairwoman of the Immigration Subcommittee, for her leadership
on sponsoring this legislation. I would also like to thank Mr. Blake
Chisam, counsel on the Immigration Subcommittee, and Mr. Arthur Sidney,
of my staff, for their important work in including my amendment in the
bill.
By way of background and explanation, H.R. 5569 extends for five
years the EB-5 regional center pilot program. Congress created the
fifth employment-based preference, EB-5, immigrant visa category in
1990 for immigrants seeking to engage in a commercial enterprise that
will benefit the U.S. economy and create at least 10 full-time jobs.
The basic amount required to invest is $1 million, although that
amount may be $500,000 if the investment is made in a ``targeted
employment area.'' Of the approximately 10,000 numbers available for
this preference each year, 3,000 are reserved for entrepreneurs who
invest in targeted employment areas. A separate allocation of 3,000
visas is set aside for entrepreneurs who immigrate through a regional
center pilot program.
In 2003, Congress asked the U.S. Government Accountability Office,
GAO, to study the EB-5 program. The GAO report concluded that the
program has been under-used for a variety of reasons, including the
rigorous application process and the failure to issue regulations
implementing the 2002 law. The report found that even though few people
have used the EB-5 category, EB-5 participants have invested an
estimated $1 billion in a variety of U.S. businesses.
My amendment expresses the sense of Congress that, to the extent
possible, qualifying investments should be made in targeted employment
areas, including rural areas and areas of high unemployment. My
amendment defines rural areas as an area other than an area within a
metropolitan statistical area within the outer boundary of any city or
town having a population of 20,000 or more based upon the most recent
decennial census of the United States. My amendment also defines an
area of high unemployment as an area that has experienced unemployment
of at least 150 percent of the national average rate.
The purpose of my amendment is to ensure that all of America will
benefit from greater development and investment. The amendment is a
bold first step in ensuring that all Americans have a seat at the table
and are able to progress and advance as a result of foreign investment
as Americans in the wealthy cities and suburbs. I have long championed
the rights of Americans in the rural areas and in underserved
communities. These Americans are our brothers and sisters. To be sure,
no Americans should be left out from investment. My amendment makes
sure that these groups that are often forgotten are not left out.
Ms. ZOE, LOFGREN of California. Mr. Speaker, I yield back the balance
of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend
the rules and pass the bill, H.R. 5569, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title was amended so as to read: ``A bill to extend for 5 years
the EB-5 regional center pilot program, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________
FORMER VICE PRESIDENT PROTECTION ACT OF 2008
Ms. ZOE LOFGREN of California. Mr. Speaker, I move to suspend the
rules and pass the bill (H.R. 5938) to amend title 18, United States
Code, to provide secret service protection to former Vice Presidents,
and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5938
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 referred to as the ``Former Vice President
Protection Act of 2008''.
SEC. 2. SECRET SERVICE PROTECTION FOR FORMER VICE PRESIDENTS
AND THEIR FAMILIES.
Section 3056(a) of title 18, United States Code, is
amended--
(1) by inserting immediately after paragraph (7) the
following:
``(8) Former Vice Presidents, their spouses, and their
children who are under 16 years of age, for a period of not
more than six months
[[Page 11840]]
after the date the former Vice President leaves office. The
Secretary of Homeland Security shall have the authority to
direct the Secret Service to provide temporary protection for
any of these individuals at any time thereafter if the
Secretary of Homeland Security or designee determines that
information or conditions warrant such protection.''; and
(2) in the sentence immediately preceding subsection (b) of
section 3056, by striking ``(7)'' and inserting ``(8)''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
any Vice President holding office on or after the date of
enactment of the Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Zoe Lofgren) and the gentleman from Iowa (Mr. King)
each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. ZOE LOFGREN of California. Mr. Speaker, I ask unanimous consent
that all Members have 5 legislative days to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. ZOE LOFGREN of California. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, I rise in support of H.R. 5938, the Former Vice
President Protection Act of 2008, a much-needed permanent solution that
would authorize protection for our former Vice Presidents and their
families.
As you no doubt know, the President of the United States, along with
his or her spouse and children, are provided continued protection by
the United States Secret Service after the President leaves office, but
the law does not provide such protection for a former Vice President
and his or her family. Rather, Congress has, on an intermittent basis,
authorized such protection for limited periods of time.
In the near future, Congress will again be faced with this issue. In
January, Vice President Cheney will be leaving office, and we will
presumably decide to provide continued Secret Service protection for
him and his family, as has been done for every Vice President in recent
decades. But this ad hoc process is inefficient, and the legislation
before us replaces it with a permanent fix to current law.
Specifically, it provides for Secret Service protection to a former
Vice President, including his or her spouse and children under 16 years
of age, for 6 months, and it permits this period to be extended if
information or conditions so warrant.
I would urge my colleagues to support this important legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. KING of Iowa. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I join my colleagues in strong support of H.R. 5938, the
Former Vice President Protection Act of 2008.
The Secret Service must be authorized by law or the President to
provide protection. Federal law provides Secret Service protection to
sitting Presidents and Vice Presidents, former Presidents, their
spouses and children, visiting heads of state, Presidential candidates,
and other dignitaries. However, the statute does not include former
Vice Presidents.
For the past 30 years, it has been common practice for former Vice
Presidents to receive protection on a temporary basis via a joint
resolution of Congress or Presidential memorandum. This temporary
protection typically continues for 6 months after the Vice President
leaves office. When necessary, Congress or the President has extended
this protection for an additional 6 months.
H.R. 5938, the Former Vice President Protection Act, makes this
routine practice a permanent authority of the Secret Service. H.R. 5938
amends title 18 to provide statutory protection of former Vice
Presidents, their spouses and their children under the age of 16 for
the initial 6 months after leaving office. The bill also provides the
Secret Service with the authority to reevaluate the need for continued
protection in 6-month increments.
The permanent authority granted by H.R. 5938 will improve the Secret
Service's ability to prepare for the protection of Vice Presidents
after they leave office. Preparation for such security takes time and
can often overlap administrations. Permanent authority will allow for
the development of long-term protection plans.
The upcoming change of administrations, not to mention the current
threat level, makes permanent statutory authority for the Secret
Service to provide such protections even more timely.
I urge my colleagues to support this bill.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support
of H.R. 5938, the ``Former Vice President Protection Act of 2008.'' I
would like to thank the Chair of the Judiciary Committee, Congressman
Conyers, for introducing this bill and for providing leadership on this
important issue.
The former vice presidents of the United States have brought to that
office significant public service experience, including as members of
Congress or state governors. Some came to their role as president of
the Senate already familiar with the body, having served as U.S.
Senators. Several vice presidents later returned to serve again in the
Senate, among them former President Andrew Johnson. Two vice
presidents, George Clinton and John C. Calhoun, held the office under
two different presidents.
Of the fourteen vice presidents who fulfilled their ambition by
achieving the presidency, eight succeeded to the office on the death of
a president, and four of these were later elected president. Two vice
presidents, Hannibal Hamlin and Henry Wallace, were dropped from the
ticket after their first term, only to see their successors become
president months after taking office, when the assassination of Abraham
Lincoln made Andrew Johnson president and the death of Franklin D.
Roosevelt raised Harry Truman to the presidency. Similarly, when Spiro
Agnew resigned, he was replaced under the Twenty-fifth Amendment by
Gerald R. Ford, who became president when Richard M. Nixon resigned
less than a year later.
The vice-presidency was generally held by men of mature years, with
most of them in their fifties or sixties when they took office. The
youngest, John C. Breckinridge of Kentucky, was thirty-six at the
beginning of his term. At seventy-two, Alben Barkley, another
Kentuckian, was the oldest when his term began.
Because I recognize the importance of the vice-presidency and the
pivotal role it plays in American politics, I believe that tribute,
respect, honor, and protection should be afforded to the person, and
the family, that has obtained this position. I am proud to support this
legislation.
Specifically, Title 18 U.S.C. provides former Presidents and their
spouses protection by the United States Secret Service after leaving
office but provides no such protection for former Vice Presidents and
their families. H.R. 5938, authorizes the United States Secret Service
to protect the former Vice President of the United States, his/her
spouse, and his/her children under the age of 17 for not more than six
months after the Vice President leaves office. The bill would also
allow protection to continue should circumstances warrant extension.
After the assassination of President William McKinley in 1901,
Congress informally requested Secret Service presidential protection. A
year later, the Secret Service assumed full-time responsibility for
protection of the President. Today, the secret service, which is under
the Department of Homeland Security, is tasked with protecting the
President of the United States and spouse and children under 17 years
old for up to ten years after serving in office. The Secret Service
also provides protection for widow(er) of the President and it provides
protection for foreign heads of state and accompanying spouse when they
visit the United States.
To date, four presidents have been assassinated, and there have been
approximately twelve other assassination attempts on U.S. presidents.
Under current law, because of the prestige of the office of President,
current and former Presidents are protected by the secret service.
Former Vice Presidents have not received any protection from the secret
service after the vice president's term in office had expired. This
legislation would ensure that Vice Presidents get protection for as
long as necessary. Thus, the legislation ensures the safety and well-
being of the Vice-President, spouse, and children under 17 years of
age. This bill recognizes the important role of the office of Vice
President. It is a powerful role
[[Page 11841]]
with important responsibilities. This bill makes an important statement
regarding our appreciation, commitment, and respect to the second most
powerful position in this, our great country.
I think this bill makes sense. It is reasonable in its scope and its
terms. I am proud to support this bill and I urge my colleagues to do
likewise.
Mr. KING of Iowa. Mr. Speaker, I yield back the balance of my time.
Ms. ZOE LOFGREN of California. Mr. Speaker, I urge adoption of H.R.
5938 and yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend
the rules and pass the bill, H.R. 5938.
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.
____________________
CONGRESSIONAL REVIEW ACT IMPROVEMENT ACT
Ms. ZOE LOFGREN of California. Mr. Speaker, I move to suspend the
rules and pass the bill (H.R. 5593) to amend title 5, United States
Code, to make technical amendments to certain provisions of title 5,
United States Code, enacted by the Congressional Review Act, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5593
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 ``Congressional Review Act
Improvement Act''.
SEC. 2. TECHNICAL AMENDMENTS TO THE CONGRESSIONAL REVIEW ACT.
(a) Government Paperwork Reduction.--Section 801 of title
5, United States Code, is amended as follows:
(1) Repeal of requirement for submittal to both houses of
congress of rules otherwise published in the federal
register.--Subsection (a)(1) is amended--
(A) by striking ``each House of the Congress and to'' in
subparagraph (A);
(B) by striking ``each House of'', and inserting ``on
request'' after ``Congress'', in subparagraph (B); and
(C) by striking subparagraph (C).
(2) Listing in congressional record of each rule received
by the comptroller general.--Subsection (e) is amended to
read as follows:
``(e)(1) The Comptroller General shall submit to each House
of Congress a weekly report containing a list of each rule
received by the Comptroller General pursuant to subsection
(a) since the last such report was submitted. The report
shall include a notation for each such rule indicating
whether or not the rule is a major rule.
``(2) The Speaker of the House of Representatives shall
cause to be published in the Congressional Record, in that
portion of the Record relating to the proceedings of the
House of Representatives, each report received from the
Comptroller General under paragraph (1) since the last such
publication in the House portion of the Record and, for each
rule listed in such report, a statement of referral by the
Speaker to the committee or committees of the House with
responsibility for review of that rule.
``(3) There shall be published in the Congressional Record,
in that portion of the Record relating to the proceedings of
the Senate, each report received from the Comptroller General
under paragraph (1) since the last such publication in the
Senate portion of the Record and, for each rule listed in
such report, a statement of the referral, if any, to the
committee or committees of the Senate with responsibility for
review of that rule.''.
(b) Conforming Amendments.--Chapter 8 of such title is
further amended--
(1) in section 801(a)(3)(A)(i), by striking ``Congress''
and inserting ``Comptroller General'';
(2) in section 801(a)(4), by striking ``Congress'' and
inserting ``the Comptroller General'';
(3) in section 801(d)(2)(B), by striking ``Congress'' and
inserting ``the Comptroller General'';
(4) in section 802(a), by striking ``Congress'' the first
place it appears and inserting ``the Comptroller General'';
and
(5) in section 802(b)(2)(A), by striking ``Congress'' and
inserting ``Comptroller General''.
(c) Effective Date.--The amendments made by this Act shall
take effect 60 days after the date of the enactment of this
Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Zoe Lofgren) and the gentleman from Iowa (Mr. King)
each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. ZOE LOFGREN of California. Mr. Speaker, I ask unanimous consent
that all Members have 5 legislative days to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. ZOE LOFGREN of California. Mr. Speaker, I yield myself such time
as I may consume.
H.R. 5593, the Congressional Review Act Improvement Act, would cut
government waste by reducing duplicative paperwork and relieving some
of the administrative burdens currently mandated by the Congressional
Review Act, the congressional mechanism for reviewing agency rules.
The Congressional Review Act requires that all agencies promulgating
a rule submit to both Houses of Congress and to the Comptroller General
a report that contains a copy of the rule, a concise general statement
describing the rule, and the proposed effective date of the rule. Thus,
under current law, the same material is submitted to, housed in, and
printed by four different governmental entities. This approach creates
unnecessary burdens. For example, the House Parliamentarian has
testified before the Subcommittee on Administration of the Judiciary
Committee in three separate Congresses about the ever-increasing volume
of executive branch communications under the Congressional Review Act
and its overwhelming impact on the operations of the Parliamentarian's
office.
This legislation would eliminate the requirement that agencies submit
rules to each House of Congress if they are already printed in the
Federal Register. Instead, the House and Senate would receive a weekly
list of all rules from the Comptroller General. The House and Senate
would then have that list printed in the Congressional Record with a
statement of referral for each rule.
The bill would still require agencies to submit rules and reports to
each House of Congress that were not printed in the Federal Register,
and Congress could still employ the procedures in the Congressional
Review Act to disapprove agency rules.
H.R. 5593 was introduced by Commercial and Administrative Law
Subcommittee Chair Linda Sanchez, along with Judiciary Committee
Chairman John Conyers. They were joined by Ranking Member Lamar Smith
and Subcommittee Ranking Member Chris Cannon as original cosponsors.
This bill has bipartisan support, and makes a lot of sense. I would
urge my colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. KING of Iowa. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the Congressional Review Act provides Congress with a
vital tool to oversee how agencies exercise their legislative authority
Congress delegates to them.
The act has a great deal of promise, but unfortunately is used too
little. Republicans on the Judiciary Committee have worked long, hard,
and in a bipartisan fashion to help identify ways in which we can
prompt its better use. Today, we begin the process of improving the act
with one of those measures. H.R. 5593 streamlines the act's processing
requirements, lightening the burden on the House Parliamentarian's
office.
This is a measure first proposed in the 106th Congress by our much
loved, revered, and respected former chairman, the late Henry Hyde. It
had bipartisan support then as it does today, Mr. Speaker.
I applaud the House's consideration of this bill, and I hope that its
swift enactment is but the first of key improvements we can make so
that the act is both more efficient and more effective.
I urge its adoption.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support
of H.R. 5593, the ``Congressional Review Improvement Act.'' I
[[Page 11842]]
am proud to join my colleagues in cosponsoring this timely legislation.
I would like to thank my colleague, Congresswoman Linda Sanchez, for
introducing this bill, and for providing leadership on this important
issue.
I support this bill. It eliminates waste by minimizing the production
of paper that is required to be provided to Congress. It should reduce
duplicative paperwork and eliminate waste. These reduction and
minimization of waste standards provided by this bill should result in
a substantial cost savings to the Federal Government. In times like we
are in now, it is important that the Government cut costs. I support
this bill. It is a first step in cutting needless and excessive costs.
The congressional review mechanism of agency rules, known as the
Congressional Review Act, CRA, requires that all agencies promulgating
a rule must submit a report to both Houses of Congress and to the GAO.
According to the CRA, the report must contain a copy of the rule, a
concise general statement describing the rule, and the proposed
effective date of the rule. A rule cannot take effect if the report is
not submitted. Each House must then send a copy of the report to the
chairman and the ranking member of each jurisdictional committee. The
promulgating agency must then submit to the GAO: (1) a complete copy of
the cost-benefit analysis; (2) a description of the agency's actions;
and (3) other relevant information required under any other act or
executive order. This information must also be made available to each
House.
H.R. 5593 amends the current law, to reduce paperwork. The primary
purpose of the legislation is to ensure that the same material is not
submitted, housed, and printed at four different Government entities.
H.R. 5593 eliminates the requirement that agencies submit paper copies
of their rules that are printed in the Federal Register to each House
while continuing a referral of all rules printed in the Federal
Register and the periodic indication of those referrals in the
Congressional Record. Instead, both the House and Senate would receive
a weekly list of rules from the GAO and then the House and Senate would
put that list in the Congressional Record.
This bill eliminates the excessive duplication and printing of rules.
No longer are the rules housed at four Government agencies. Under this
bill, the House would receive a weekly list of rules that would then be
added to the Congressional Record. This bill adds a commonsense
approach to rulemaking, the printing, publication and dissemination of
those rules. It is simple and the reforms that it brings should yield a
substantial cost savings to the U.S. Treasury.
I am proud to support this bill because it eliminates duplicative and
needless paperwork and should provide a cost savings. I urge my
colleagues to support this bill.
Mr. KING of Iowa. Mr. Speaker, I yield back the balance of my time.
Ms. ZOE LOFGREN of California. Mr. Speaker, once again, I urge
adoption of this measure, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend
the rules and pass the bill, H.R. 5593, 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.
____________________
SALUTING THE LIFE AND MUSIC OF THE LATE BO DIDDLEY
Ms. ZOE LOFGREN of California. Mr. Speaker, I move to suspend the
rules and agree to the resolution (H. Res. 1251) saluting the life and
music of the late Otha Ellas ``Bo Diddley'' Bates, guitar virtuoso and
rock and roll pioneer, whose music continues to influence generations
of musicians.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1251
Whereas Bo Diddley, a founder of the rock and roll genre,
helped to reshape the sound of popular music worldwide by
melding blues, Southern gospel, rhythm and blues, and African
American culture into a new genre that continues to influence
popular music to this day;
Whereas Bo Diddley was born as Otha Ellas Bates on December
30, 1928, in McComb, Mississippi, grew up on the South Side
of Chicago, studied classical violin from the age of 7
through the age of 15, and, strongly influenced by the music
of John Lee Hooker, started playing the guitar at the age of
12;
Whereas Otha Ellas Bates adopted ``Bo Diddley'' as his
stage name while performing on the South Side of Chicago;
Whereas Bo Diddley reshaped the sound of popular music,
recording such tracks as ``Bo Diddley'' and ``I'm A Man'',
both becoming number 1 hits;
Whereas Bo Diddley's career spanned several decades,
spawning hits such as ``Who Do You Love'', ``Mona'',
``Crackin' Up'', ``Say, Man'', and ``Road Runner'';
Whereas Bo Diddley and his famous ``Bo Diddley beat'' has
influenced, and continues to influence, generations of
musicians, from Buddy Holly and Elvis Presley to The Rolling
Stones, The Clash, Bruce Springsteen, The Smiths, U2, and The
Beatles;
Whereas Bo Diddley was a loving father to his 4 children
and is survived by 15 grandchildren, 15 great-grandchildren,
and 3 great-great grandchildren;
Whereas Bo Diddley, in his later years, toured with Joe
Strummer and The Clash, as well as playing at the
inaugurations of Presidents George H.W. Bush and Bill
Clinton;
Whereas Bo Diddley was inducted into the Rock and Roll Hall
of Fame in 1987, won a Lifetime Achievement Grammy in 1998,
and was inducted into the National Academy of Recording Arts
and Sciences Hall of Fame as a musician of lasting historical
importance; and
Whereas, with the death of Bo Diddley on June 2, 2008, at
his home in Archer, Florida, the Nation has lost one of its
most influential rock and roll and blues guitarists: Now,
therefore, be it
Resolved, That the House of Representatives--
(1) honors the life and contributions of Bo Diddley;
(2) recognizes and honors Bo Diddley for his invaluable
contributions to American culture;
(3) recommits itself to ensuring that musical artists such
as Bo Diddley receive fair protection under the copyright
laws for their contributions to American culture; and
(4) extends condolences to his family on the death of this
remarkable and talented man.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Zoe Lofgren) and the gentleman from Iowa (Mr. King)
each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
{time} 1600
General Leave
Ms. ZOE LOFGREN of California. Mr. Speaker, I ask unanimous consent
that all Members 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
gentlewoman from California?
There was no objection.
Ms. ZOE LOFGREN of California. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, today we honor the life and musical legacy of Bo
Diddley, a founding father of rock and roll, a guitarist who has
influenced generations of musicians, who no doubt will continue to do
so for generations to come.
This resolution was introduced by the chairman of the full Judiciary
Committee, Mr. Conyers, who was unable to be here in time to present it
himself.
I am honored to note that Bo Diddley was born Otha Ellas Bates in the
small town of McComb, Mississippi. He moved as a young boy to Chicago,
where he initially studied classical violin. But at age 12, he heard
John Lee Hooker play ``Boogie Chillen'' and found his true calling, the
electric guitar.
He got the nickname, by which he will ever be known, as a teenager
from a girl in his neighborhood. He said she meant it as a compliment
to his boxing skill.
After years playing music with friends on the South Side of Chicago,
first on street corners, later at the 708 Club, Bo Diddley and his band
made their first record in 1955.
Vee-Jay Records had turned them down, who said the music was just too
strange. But they walked across the street to Chess, who signed them up
on the spot. The song, titled ``Bo Diddley,'' became an instant hit,
reaching number 2 on the charts.
Later that year, he was invited to perform on TV on the Ed Sullivan
Show. For some reason, Ed Sullivan chose to have him play a Tennessee
Ernie Ford song, ``16 Tons.'' Bo Diddley
[[Page 11843]]
didn't know that song. So the show's crew spent 2 hours playing him the
record and rehearsing it with him and made cue cards with the lyrics
for him.
But what the audience got to hear that night was ``Bo Diddley.'' And
when the show's producer asked him what went wrong, he said, ``Man,
maybe that was `16 Tons' on those cards, but all I saw was `Bo
Diddley.' ''
Although Ed Sullivan didn't plan for it to be, that was the first
rock and roll performance on TV, a year before Elvis Presley made his
appearance on the show.
Bo Diddley had several other songs reach the top of the charts. He
became as well known as any recording artist in America. But he
contributed so much more than that, and it would be hard to overstate
his importance to the music world.
He quite literally played to his own beat, actually called the ``Bo
Diddley beat.'' And to this day, that beat is a rock and roll staple.
You hear it in the music of Buddy Holly, the Rolling Stones, Bruce
Springsteen, and countless others.
But Bo Diddley was no mere one-beat wonder. He introduced a rich
complexity of driving rhythms and cross-rhythms, building on African
American traditions from the Cuban clave, to the hambone of the Chicago
street, to the shout of the church.
He not only laid the cornerstone for rock and roll, he also laid the
groundwork for rap music and, by mixing in elements of classical violin
technique, also for funk. He was also a pioneer in the use of reverb,
tremolo, sustain, distortion and feedback, all essential ingredients in
heavy metal and psychedelic rock.
To help round out the Bo Diddley beat with what he called ``that
freight train sound,'' he persuaded Jerome Green to set aside the tuba
and take up the maracas and added Billy Boy Arnold on the harmonica.
His band may also have been the first to feature a woman on guitar,
first Peggy Jones, then known on stage as ``Lady Bo,'' in the late
1950s, and then when she left, Norma Jean Wofford, a.k.a. ``the
Duchess.'' He also invented two well-known guitar designs, the square
guitar, and the Flying V. And he may have been the first to build his
own home recording studio, right here in Washington, DC.
As the preeminent rock historian Robert Palmer observed a few years
ago, and I quote, ``If the musical copyright laws of the United States
more accurately reflected the way American vernacular music is created
and disseminated, Bo Diddley would be a wealthy man today.''
But Bo Diddley never did become a wealthy man. Despite all his hard
work and his invaluable cultural contributions, he had to stay on the
road right up until the time a stroke forced him to retire last year at
age 78. The fact that he reaped so little from all that he had sowed
helped spur him in later years to become a tireless advocate for
educating musicians on their rights. As he explained in a 2005
interview in Rolling Stone magazine, ``I tell musicians `Don't trust
nobody but your mama.' '' Good advice for many of us.
Mick Jagger spoke for many when he said last week that Bo Diddley was
``a wonderful, original musician who was very generous to the Rolling
Stones in our early years.'' Although Bo Diddley himself is now gone,
he has left an indelible mark on American music. And this resolution is
before us today to honor that uniquely American contribution to music,
rock and roll.
I reserve the balance of my time.
Mr. KING of Iowa. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, I rise in support of this resolution honoring Bo
Diddley, the great guitar player and rock and roll musician.
He was born Ellas Otha Bates, but he came to be known by the nickname
Bo Diddley. It came to be an ironic nickname indeed, and refers to
``nothing at all,'' as in, ``he ain't bo diddly,'' or in my
neighborhood, ``you don't know bo diddly.''
Well, far from becoming nothing at all, Bo Diddley started playing in
Chicago's South Side and rose to become one of the greatest rock and
roll musicians of all time. His song ``Bo Diddley'' became a number one
rhythm and blues hit as far back as 1955. Through songs such as ``Who
Do You Love,'' he established the now famous Bo Diddley beat, a rumba
like sound that mimics the sounds made by street musicians who would
pat beats to songs by slapping their arms, legs, chest and cheeks.
Bo Diddley headlined above the Rolling Stones. He appeared with the
Clash and the Grateful Dead and wrote many crossover hits that appealed
to music lovers everywhere. And he was one of the first major male
musicians to include a woman in his band.
He was inducted in the Rock and Roll Hall of Fame in 1987. In 1996,
he received a Lifetime Achievement Award from the Rhythm and Blues
Foundation, and in 1998 from the Grammy Awards. Rolling Stone magazine
listed him at Number 20 on their list of the Greatest Artists of All
Time.
When Bo Diddley passed away on June 2 at the age of 79, he was
surrounded by his friends and family, who sang the gospel song ``Walk
Around Heaven.''
Mr. Speaker, I never knew Bo Diddley, but I know he touched my life
and that of all of us. Walk around heaven, indeed, Bo Diddley.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong supoprt
of H. Res. 1251 ``A resolution regarding the passing of Bo Diddley.'' I
am proud to join my colleagues in cosponsoring this timely legislation.
I would like to thank my colleague, Chairman Conyers of the Judiciary
Committee, for introducing this bill, and for providing leadership on
this important issue.
Bo Diddley was a musician par excellence. He was a singer, guitarist,
songwriter, music pioneer, and actor.
He was born December 30, 1928, and recently passed on June 2, 2008.
He was an American rock and roll singer. In fact, he was the progenitor
of the genre. He was a guitarist, songwriter, and more. He was the key
figure that transitioned from blues to rock and roll. Bo Diddley gave
America hard rhythms, hard guitar, and his characteristic rectangular
guitar.
He was born in McComb, Mississippi, as Ellas Otha Bates. He was
adopted and raised by his mother's cousin, Gussie McDaniel, whose
surname he assumed, becoming Ellas McDaniel.
His family moved to Chicago when he was the tender age of seven.
There, he took violin lessons, but was inspired to become a guitarist
after seeing John Lee Hooker.
He worked as a carpenter, mechanic, and began his musical career with
his friends in the 40s and 50s. In 1955, he released his #1 R&B hit,
called ``Bo Diddley.''
He appeared on The Ed Sullivan Show on November 20, 1955. During that
appearance, he sang his hit ``Bo Diddley.'' He continued to have hits
through the late 1950s and the 1960s. In 1963, he starred in a U.K.
concert tour with the Everly Brothers and Little Richard. The Rolling
Stones, still unknown at that time, appeared much lower on the same
bill. He would play with the Rolling Stones years later in 1979. He
would play with the Grateful Dead, The Clash. His music was covered by
countless American musicians ranging from Elvis Presley, Bruce
Springsteen, U2, The Who, The Police, David Bowie, George Michael, and
the Animals, to name a few. His music is timeless.
Diddley's song ``Who Do You Love'' can be heard in the intro credits
to the movie La Bamba. He appeared on a 2003 episode of the sitcom
According to Jim entitled ``Bo Diddley,'' had a small role in the film
Trading Places, starring Eddie Murphy and Dan Aykroyd, and appeared in
George Thorogood's ``Bad to the Bone'' video. The song ``Bad to the
Bone'' is a rework of Diddley's ``I'm A Man.'' Eric Clapton's 1992
``Unplugged'' included a cover of Diddley's ``Before you accuse me.''
On his music Bo Diddley once said ``I don't like to copy anybody.
Everybody tries to do what I do, update it,'' he is quoted as telling
the Associated Press. ``I don't have any idols I copied after.''
``They copied everything I did, upgraded it, messed it up. It seems
to me that nobody can come up with their own thing, they have to put a
little bit of Bo Diddley there,'' he said.
He has left an indelible mark on American music. The founder of rock
and roll. He was a tremendous musician and he had over a half-century
of experience in the music business. He was a mastermind, a genius, he
was Bo Diddley. We honor him and his tremendous contribution to
American music. Heaven
[[Page 11844]]
is a sweeter place now that Bo Diddley is there. And, the angels are
surely singing.
Mr. RANGEL. Mr. Speaker, I rise today to draw attention to the life
and legacy of a man whose work in Rock 'n' Roll has been called
``ground breaking.'' Bo Diddley was born Ellas Otha Bates in McComb,
Mississippi, on December 30, 1928 and passed away on June 2, 2008 at
the age of 79.
Diddley was raised by his mother's cousin, Gussie McDaniel, whose
surname he legally adopted. The family moved to Chicago when Diddley
was seven. Bo broke new ground in rock and roll's formative years with
his unique guitar work, indelible African rhythms, inventive
songwriting, and larger-than-life persona. He will forever be known for
popularizing one of the foundational rhythms of rock and roll: the Bo
Diddley beat. He employed it in his namesake song, ``Bo Diddley''
(which earned him a rightful place in the Grammy Hall Of Fame). This
African-based rhythm pattern was picked up from Diddley by other
artists and has been a distinctive and recurring element in rock and
roll through the decades. His beats have influenced the music of
artists such as Buddy Holly, the Rolling Stones, Johnny Otis, the
Strangeloves, the Who, and Bruce Springsteen.
Diddley is the author of a body of songs--including ``Who Do You
Love?'' ``Road Runner,'' ``Mona,'' ``Before You Accuse Me'' and ``I'm a
Man''--that are among the earliest examples of rock and roll rising out
of rhythm and blues. Diddley married into his music two worlds he knew
well--the Deep South and the streets of Chicago. He formed a band
called the Hipsters while in high school and landed a regular spot at
the 708 Club on Chicago's South Side in 1951.
Diddley's earliest records were contemporaneous with those of label
mate Chuck Berry. He signed with the Checkers label in 1955 and his
debut single was a two-sided classic that paired ``Bo Diddley'' with
``I'm a Man.'' It was the first in a string of groundbreaking songs
that walked the fine line between rhythm & blues and rock & roll.
Others included ``Diddley Daddy,'' ``Pretty Thing'' and ``Road
Runner,'' which were all Top Twenty R&B hits. Oddly, Diddley's only
crossover success came with ``Say Man,'' a laugh-filled exchange of
jive talk between Diddley and his maraca player, Jerome Green. Their
verbal sparring derived from the African-American pastime of
``signifying' or ``doing the dozens'' and foreshadowed the battle
rapping of the present day.
Diddley was also an inventor, devising his own tremolo effect and
playing a unique, rectangular ``cigar box'' guitar that he designed in
1958. His ever-fertile mind also inspired him to set up one of the
first home studios. The prolific singer/guitarist released a string of
albums whose titles--including Bo Diddley Is a Gunslinger and Have
Guitar, Will Travel--bolstered his self-invented legend.
Diddley also traveled with the rock and roll revues of the day. He
retained his iconic status as a rock and roll pioneer, steadily
releasing albums on Checkers through the mid-Seventies. Meanwhile,
Diddley continued to work the live circuit in tireless fashion.
Bo Diddley was one of rock 'n' roll's true pioneers. He has been
righteously outspoken on the subject of underpayment, bad contracts and
other rip-offs that denied many early rock and rollers (he among them)
what was due them and in 1987 he was inducted into the Rock 'n' Roll
Hall of Fame.
A regular at Harlem's Apollo Theatre, Bo Diddley has indelibly
stamped his mark on rhythm and blues, rock 'n' roll and popular music.
His innovative trademark rhythm, his electric custom built cigar box
guitar, and his wild stage shows predate all others. Diddley leaves a
permanent mark on American music and culture, and our deepest
sympathies go out to his family, friends and fans. The 'Bo Diddley
beat' surely will continue on.
Mr. KING of Iowa. I urge adoption, and I yield back the balance of my
time.
Ms. ZOE LOFGREN of California. Mr. Speaker, I urge adoption of H.
Res. 1251 and yield back the balance of my time.
The SPEAKER pro tempore (Mr. Sires). The question is on the motion
offered by the gentlewoman from California (Ms. Zoe Lofgren) that the
House suspend the rules and agree to the resolution, H. Res. 1251.
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.
____________________
NATIONAL SAFETY MONTH
Mr. YARMUTH. Mr. Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 1225) expressing support for designation of
June 2008 as ``National Safety Month''.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1225
Whereas, after years of decline, the rate of unintentional
injuries and deaths in the United States has risen to new and
unacceptable levels;
Whereas deaths from motor vehicle collisions, poisonings
from unintentional overdoses, and falls remain as the three
leading causes of preventable death in the United States;
Whereas the cost of unintentional injuries to Americans
exceeds $650,000,000,000 each year and causes great suffering
among individuals and their families;
Whereas the cost of unintentional injuries to workers and
their employers is $164,700,000,000 each year, including the
value of 120,000,000 days of lost productivity;
Whereas preventing unintentional injury and death requires
the cooperation of all levels of government, the Nation's
employers, and the general public;
Whereas the National Safety Council, founded in 1913, was
congressionally chartered in 1953 to lead this Nation in
injury prevention through safety and health education,
training, and advocacy in the United States;
Whereas the National Safety Council educates the workforce
about policies, practices, and procedures leading to
increased safety, protection, and health in business and
industry, as well as in schools and colleges, on roads and
highways, and in homes and communities;
Whereas since the summer season is a time of increased
rates of preventable injuries and death, it is an appropriate
time to focus the attention of our workforce and community
leaders on injury risks and preventions by celebrating June
2008 as ``National Safety Month''; and
Whereas the National Safety Council in 2008 as part of its
public education about safety and health will provide this
Nation a monthlong campaign in June with the theme ``Make a
Difference'': Now, therefore, be it
Resolved, That the United States House of Representatives--
(1) supports the designation of ``National Safety Month'';
(2) recognizes the contributions of the National Safety
Council and its ongoing commitment to raising awareness about
the need for the implementation of safe practices in our
schools and jobs; and
(3) encourages citizens to observe the ``National Safety
Month'' with appropriate ceremonies and educate themselves
about the importance of implementing safe practices in our
schools and on our jobs to prevent unintentional injury and
death.
The SPEAKER pro tempore. Pursuant to the rule, gentleman from
Kentucky (Mr. Yarmuth) and the gentleman from New York (Mr. Kuhl) each
will control 20 minutes. The Chair recognizes the gentleman from
Kentucky.
General Leave
Mr. YARMUTH. Mr. Speaker, I request 5 legislative days during which
Members may revise and extend and insert extraneous material on H. Res.
1225 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. YARMUTH. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, I rise today in support of H. Res. 1225, which
recognizes the month of June as National Safety Month and commends the
National Safety Council for their ongoing mission to educate and
influence the public on the prevention of accidental injury and death.
In 1912 the National Safety Council was established by a small group
of midwestern industrial leaders concerned about safety in the
workplace. Since then, the council has broadened its scope to include
the home, transportation and the community. Its membership has grown to
over 18,000 companies spanning more than 33,000 locations. Altogether,
the council represents 8.3 million employees across the Nation.
In 1953, a congressional charter was granted to the National Safety
Council to lead the country in injury prevention through safety
education and training. The council has had a great impact on the local
level by providing a variety of community-based programs and services,
including workshops, training, conferences, and by providing a local
voice for safety and health education.
[[Page 11845]]
Through the efforts of the National Safety Council, more than 8.5
million rescuers have been trained and more than 60 million people have
taken one of the NSC's defensive driving courses. It is obvious that
the National Safety Council's programs have had a profound effect on
our Nation, and they deserve to be recognized for their continuing
efforts.
The National Safety Council will commemorate this 2008 National
Safety Month with their ``Make a Difference'' campaign. The campaign
will work to educate the public on emergency preparedness, safe
driving, poisoning and fall prevention.
Each year, accidental injuries cost Americans more than $650 billion.
In the workplace alone, 16 workers die every day on the job. Far too
many lives are lost and too many suffer because of preventable
accidents.
Protecting the citizens of this Nation from these accidents requires
the cooperation of Federal, State and local institutions, as well as
help from the citizenry itself. Together, we can protect ourselves from
accidental injury and death. This June we must encourage all Americans
to take time to learn how they can help make this country safer.
Mr. Speaker, once again I express my support for the designation of
June as National Safety Month.
I urge my colleagues to support this resolution.
I reserve the balance of my time.
Mr. KUHL of New York. Mr. Speaker, I yield myself such time as I may
consume.
I am pleased to stand in support of this resolution, which will help
us commemorate June 2008 as National Safety Month.
The summer season brings with it great fun and excitement, as we all
know. From family vacations to time spent at pools and water parks,
millions of Americans look forward to enjoying the season. However,
with many of these summer activities comes a greater risk of
preventable injuries.
Preventable injuries and death can also take place in the home, on
the job, while driving, or really almost anywhere as we all know. That
is why it is so important that we take the time to support efforts to
promote safety in all aspects of life.
The National Safety Council is just such an organization with a
vision of making our world safer. The mission of the National Safety
Council is to educate and influence people to prevent accidental injury
and death.
The council was founded in 1913 and chartered by Congress in 1953. It
is the only organization promoting safety in the workplace, in the
transportation arena, and in homes and in communities. Members of the
council include 18,600 companies of all sizes from a broad spectrum of
industries representing 33,300 locations and about 8.5 million
employees around the world.
I appreciate the work of the National Safety Council along with that
of employers, schools and community leaders, and all Americans who are
working to make safe environments.
Later today, in just a couple of minutes, we will consider another
bill under suspension that promotes safety, the Josh Miller HEARTS Act,
which will help to place automated external defibrillators in schools
around this country.
I am proud to stand in support of these and other efforts to promote
safety, prevent injury and to protect the lives and the well-being of
Americans. However, Mr. Speaker, I'm a little disappointed that we are
not taking this opportunity today to promote another type of well-being
for our citizens, their economic well-being. Over the weekend, our
Nation reached a dubious milestone. The average price of a gallon of
regular gasoline has now topped $4. This once-unthinkable figure has
become the new norm unfortunately, wreaking havoc on the lives and
livelihoods of millions of Americans.
{time} 1615
From filling the tank, to filling the shopping cart, Americans are
being crushed by the high price of energy and its ripple effect on our
economy. Our constituents are crying out for help. But to date, this
Congress has refused to embrace the comprehensive energy solutions
needed to wean our Nation from its dependence on foreign oil.
Republicans have proposed an energy plan that incorporates all the
critical elements of energy independence and freedom. We are supporting
the production of American-made energy, which will create jobs here at
home, while being conscious of our environmental impact. We are
promoting the development of new sources of fuel and we are promoting
conservation. Taken together, the Republican energy plan will help
finally ease the pain at the pump.
So while I urge the support of H. Res. 1225, I also urge action on
the much-needed energy reforms.
Mr. Speaker, I reserve the balance of my time.
Mr. YARMUTH. Mr. Speaker, if the gentleman has additional speakers, I
will reserve the balance of my time.
Mr. KUHL of New York. Mr. Speaker, I yield such time as he may
consume to gentleman from Georgia (Mr. Westmoreland).
Mr. WESTMORELAND. Mr. Speaker, I want to thank my friend Mr. Kuhl for
yielding me time.
Mr. Speaker, National Safety Month is an important month. We all
strive for safety, so it is important that we name a month, a week, a
day, an hour for our safety. But right now, it is a shame that we can't
have National Independence from Foreign Oil Hour, right now that the
price of gasoline and price of crude oil is affecting every hardworking
man and woman in this country. So I would hope that the majority, while
recognizing these important days and weeks and months, would just have
an hour where we could come into this House and discuss our energy
policies.
In January of 2007, the majority passed an energy bill. At the time
gas was probably $2.25 a gallon. It is now up to over $4 a gallon. So
while we are going to pass 20 suspensions on this floor today, where
most of them, the majority of them, won't even require a roll call
vote, we don't have any time that we can discuss our energy policy, at
a time where we are so dependent on foreign oil.
On May 13, Senator Schumer in the Senate asked the President, who was
heading at the time to Saudi Arabia, to ask for an increase in their
oil production, knowing that an increase in their oil production would
probably cause a decrease in the price of crude oil. Yet with over 97
percent of our Outer Continental Shelf not being drilled on and about
94 percent of the Federal lands inside this country be not being
drilled on, surely he and the rest of the Democratic Party, and
especially this House leadership, would understand that drilling
domestically would bring down the price of crude oil, which in turn
would bring down the price of gasoline.
As I have said before on this floor, if we could have a 1-hour
debate, and I would like for it to be longer than that, we could all
debate and talk about all the different ways that we could help curb
the price of our gas, whether it be converting coal to oil, whether it
be exploring for natural gas, talking about nuclear energy, or the many
other things that we could do right now ourselves. We can control our
own destiny as far as what crude oil prices are and what the price of
gasoline is by not being willing to do our own exploration, our own
drilling in our own country, where we have many, many, many natural
resources we could use for fuel.
So while he is combating or at least trying to combat the President
on going to OPEC asking them to do more oil production, they must think
it kind of comical that we are not willing to do our own drilling, our
own exploration, and depend on our own natural resources to lower our
price of gas, while China is fixing to drill 45 miles off the coast of
this country for oil exploration, because China is a country that
understands the importance of not being dependent on foreign oil. As
they have gone across this globe dealing with other countries as far as
using their natural resources to provide for their energy needs, we are
sitting here on trillions of barrels of oil and coal that we are
refusing to use ourselves.
So while I think that this very important designation of National
Safety
[[Page 11846]]
Month is important, I would hope that the majority here and the
leadership in this body would devote at least an hour of our time in
this House in front of the American people, Mr. Speaker, to let the
American people see what effect this ``commonsense plan'' that has been
touted by the Democratic majority is having to bring down the
skyrocketing price of gas, and that was back in April of 2006 when this
was being promoted.
I am sure that the American people, Mr. Speaker, would enjoy just a
1-hour conversation on that so we could unveil this plan, because
certainly the plan that was passed in January of 2007, of this year,
was either not the real plan or it is a failed plan and we need to be
talking about a new plan.
Mr. KUHL of New York. Mr. Speaker, I yield back the balance of my
time.
Mr. YARMUTH. Mr. Speaker, I would just like to thank the gentleman
from Georgia for his compelling and expansive support of this
resolution, and I urge its support.
Mr. DAVIS of Illinois. Mr. Speaker, I rise today in support of House
Resolution 1225, designating June as National Safety Month. After years
of decline, the numbers of unintentional injuries and deaths in the
United States have risen to unacceptable new heights. Deaths from motor
vehicle collisions, poisoning from unintentional overdoses, and falls
remain the three leading causes of preventable death in the United
States. For example, in 2005, the Illinois Department of Public Health
reported that accidents, both motor vehicle and other types of
accidents, were the leading cause of death for persons ages 1 to 44 in
Illinois. According to the 2008 edition of the National Safety
Council's Injury Facts publication, the annual cost of unintentional
injuries to Americans and their employers now exceeds $650 billion.
To reduce the prevalence and severity of these injuries, Congress
annually designates June as National Safety Month. By providing a
public service campaign around the theme ``Make A Difference,'' the
National Safety Council promotes public awareness by highlighting the
most significant causes for unintentional injuries and deaths in the
workplace, on the road, and in the home and community. Equally
important, the public campaign also stresses what Americans can do to
prevent much of the needless suffering and expense associated with
these accidents.
Each week of the month-long observance will focus on a unique safety
issue. During the first week of June, the campaign focused on Emergency
Preparedness. As a country we can make a difference by knowing how to
perform CPR and acquiring Automated External Defibrillator training,
both of which, if applied within minutes of a cardiac arrest, double
the chances of survival. This week the campaign highlights the perils
of distracted driving. According to a recent report by the National
Highway Traffic Safety Administration, nearly 80 percent of crashes and
65 percent of near-crashes involved some form of driver inattention
within three seconds before the event. Next week, the campaign
spotlights the escalating co-relation between the rise in the
consumption of prescription medication and rise in overdose fatalities.
During the last week of June, the campaign centers on the importance of
fall prevention, highlighting tips for preventing falls in the
workplace, as well as fall prevention tips for aging adults. The
campaign will conclude on Monday, June 30th, with tips for Independence
Day and summer safety. Summer is a time of increased rates of
preventable injuries and death. As a country, we can make a difference
by becoming more aware about safe practices. We must recognize our
responsibility to implement interventions that make our world a safer
place to live. I urge you to join me in supporting H. Res. 1225,
designating June as National Safety Month and focusing individuals' and
business leaders' attention on injury risks and preventions.
Mr. YARMUTH. Mr. Speaker, I yield back the balance of our time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Kentucky (Mr. Yarmuth) that the House suspend the rules
and agree to the resolution, H. Res. 1225.
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. YARMUTH. 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.
____________________
RECONNECTING HOMELESS YOUTH ACT OF 2008
Mr. YARMUTH. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5524) to amend the Runaway and Homeless Youth Act to
authorize appropriations, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5524
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 ``Reconnecting Homeless Youth
Act of 2008''.
SEC. 2. FINDINGS.
Section 302 of the Runaway and Homeless Youth Act (42
U.S.C. 5701) is amended--
(1) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively, and
(2) inserting after paragraph (2) the following:
``(3) services to such young people should be developed and
provided using a positive youth development approach that
ensures the young person a sense of--
``(A) safety and structure;
``(B) belonging and membership;
``(C) self-worth and social contribution;
``(D) independence and control over one's life; and
``(E) closeness in interpersonal relationships;''.
SEC. 3. GRANTS FOR CENTERS AND SERVICES.
Section 311 of the Runaway and Homeless Youth Act (42
U.S.C. 5711) is amended--
(1) in subsection (a)(2)(B)(i) by inserting before the
semicolon the following:
``provided for a continuous period not to exceed 15 days,
except that such shelter may be provided for a continuous
period not to exceed 21 days if the State where the center is
located has an applicable State or local law or regulation
that permits a length of stay in excess of such 15 days in
compliance with licensure requirements for child and youth
serving facilities'',
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by striking ``The'' and inserting ``(A) Except as
provided in subparagraph (B) and to the extent that
sufficient funds are available, the'',
(ii) by striking ``$100,000'' and inserting ``$150,000'',
(iii) by striking ``$45,000'' and inserting ``$70,000'',
and
(iv) by adding at the end the following:
``(B) For fiscal years 2009 and 2010, the amount allotted
under paragraph (1) with respect to a State for a fiscal year
shall be not less than the amount alotted with respect to
such State for fiscal year 2008.'',
(B) by redesignating paragraph (3) as paragraph (4), and
(C) by inserting after paragraph (2) the following:
``(3) Whenever the Secretary determines that any part of
the amount allotted under paragraph (1) with respect to a
State will not be obligated before the end of the fiscal
year, the Secretary shall reallot such part under paragraph
(1) with respect to the remaining States for obligation for
such fiscal year.''.
SEC. 4. BASIC CENTER GRANT PROGRAM ELIGIBILITY.
Section 312(b) of the Runaway and Homeless Youth Act (42
U.S.C. 5712(b)) is amended--
(1) in paragraph (11) by striking ``and'' at the end,
(2) in paragraph (12) by striking the period at the end and
inserting ``; and'', and
(3) by adding at the end the following:
``(13) shall develop an adequate emergency preparedness and
management plan.''.
SEC. 5. TRANSITIONAL LIVING GRANT PROGRAM ELIGIBILITY.
Section 322(a) of the Runaway and Homeless Youth Act (42
U.S.C. 2714-2(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``indirectly'' the 1st place it appears and
inserting ``by contract'', and
(B) by striking ``and services'' and inserting ``, and to
provide, directly or indirectly, services'',
(2) in paragraph (2)--
(A) by striking ``except that a youth'' and inserting the
following:
``except that in the case of--
``(i) a youth'',
(B) by inserting ``such youth may'' after ``program,'', and
(C) by striking ``period;'' and inserting the following:
``period; and
``(ii) a program that is located in a State that has an
applicable State or local law or regulation that permits a
length of stay in excess of such 540-day period in compliance
with licensure requirements for child and youth serving
facilities, a youth may remain in such program throughout a
continuous period not to exceed 635 days;'',
(3) in paragraph (14) by striking ``and'' at the end,
[[Page 11847]]
(4) in paragraph (15) by striking the period at the end and
inserting ``; and'', and
(5) by adding at the end the following:
``(16) to develop an adequate emergency preparedness and
management plan.''.
SEC. 6. RESEARCH, EVALUATION, DEMONSTRATION, AND SERVICE
PROJECTS.
Section 343 of the Runaway and Homeless Youth Act (42
U.S.C. 5714-23)) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``special consideration'' and inserting
``priority'', and
(ii) by striking ``relating to'' and inserting ``focused
on'',
(B) in paragraph (8)--
(i) by inserting ``quality'' after ``access to'',
(ii) by striking ``mental'' and inserting ``behavioral'',
and
(iii) by striking ``and'' at the end,
(C) in paragraph (9) by striking the period at the end and
inserting the following:
``, including educational and workforce programs with
outcomes such as decreasing the secondary school drop-out
rate, increasing diploma or equivalent attainment rates, or
increasing placement and retention in postsecondary education
or advanced workforce training; or'', and
(D) by adding at the end the following:
``(10) programs, including innovative programs, that assist
youth in obtaining and maintaining safe and stable housing,
and may include programs with supportive services that
continue after program completion.'', and
(2) by amending subsection (c) to read as follows:
``(c) In selecting among applicants for grants under
subsection (a), the Secretary shall--
``(1) give priority to applicants who have experience
working with runaway youth or homeless youth; and
``(2) ensure that the applicants selected--
``(A) are geographically representative of different
regions of the United States; and
``(B) carry out projects that serve diverse populations of
runaway or homeless youth.''.
SEC. 7. ESTIMATE OF INCIDENCE AND PREVALENCE OF YOUTH
HOMELESSNESS.
Part D of the Runaway and Homeless Youth Act (42 U.S.C.
5714-21-5714-24) is amended by adding at the end the
following:
``SEC. 345. PERIODIC ESTIMATE OF INCIDENCE AND PREVALENCE OF
YOUTH HOMELESSNESS.
``(a) Periodic Estimate.--Not later than 2 years after the
effective date of this section, and at 5-year intervals
thereafter, the Secretary, in coordination with the United
States Interagency Council on Homelessness, shall prepare and
submit to the Committee on Education and Labor of the House
of Representatives and the Committee on Judiciary of the
Senate, and make public, a report--
``(1) by using the best quantitative and qualitative social
science research method available, containing an estimate of
the incidence and prevalence of runaway and homeless
individuals who are less than 26 years of age and not less
than 13 years of age; and
``(2) that includes with such estimate an assessment of the
characteristics of such individuals.
``(b) Content.--The report required by subsection (a) shall
include--
``(1) the results of conducting a survey of, and direct
interviews with, a representative sample of runaway and
homeless individuals who are less than 26 years of age and
not less than 13 years of age, to determine past and
current--
``(A) socioeconomic characteristics of such individuals;
``(B) barriers to such individuals obtaining--
``(i) safe, quality, and affordable housing;
``(ii) comprehensive and affordable health insurance and
health services; and
``(iii) incomes, public benefits, supportive services, and
connections to caring adults; and
``(C) such other information that the Secretary determines,
in consultation with States, units of local government, and
national nongovernmental organizations concerned with
homelessness, may be useful.
``(c) Implementation.--If the Secretary enters into any
contract with a non-Federal entity for purposes of carrying
out subsection (a), such entity shall be a nongovernmental
organization, or an individual, determined by the Secretary
to have appropriate expertise in quantitative and qualitative
social science research.''.
SEC. 8. SEXUAL ABUSE PREVENTION PROGRAM.
Section 351(b) of the Runaway and Homeless Youth Act (42
U.S.C. 5714-41(b)) is amended by inserting ``public and''
after ``priority to''.
SEC. 9. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN.
The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)
is amended--
(1) by redesignating part F as part G, and
(2) by inserting after part E the following:
``PART F--NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN
``SEC. 361. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN.
``(a) In General.--The Secretary shall, directly or through
grants or contracts, conduct a national homeless youth
awareness campaign (referred to in this section as the
`national awareness campaign') in accordance with this
section for purposes of--
``(1) increasing awareness of individuals of all ages,
socioeconomic backgrounds, and geographic locations, of the
issues facing runway and homeless youth, the resources
available for these youth, and the tools available for the
prevention of youth runaway and homeless situations; and
``(2) encouraging parents, guardians, educators, health
care professionals, social service professionals, law
enforcement officials, and other community members to seek to
prevent runaway youth and youth homelessness by assisting
youth in averting or resolving runaway and homeless
situations.
``(b) Use of Funds.--Funds made available to carry out this
section for the national awareness campaign may be used only
for the following:
``(1) The dissemination of educational information and
materials through various media, including television, radio,
the Internet and related technologies, and emerging
technologies.
``(2) Partnerships, including outreach activities, with
national organizations concerned with youth homelessness,
community-based youth service organizations (including faith-
based organizations), and government organizations related to
the national awareness campaign.
``(3) In accordance with applicable laws and regulations,
the development and placement of public service announcements
in telecommunications media, including the Internet and
related technologies and emerging technologies, that educate
the public on the issues facing runaway and homeless youth
(or youth considering running away) and on the opportunities
that adults have to assist such youth.
``(4) Evaluation of the effectiveness of the national
awareness campaign.
``(c) Prohibitions.--None of the funds made available under
subsection (b) may be obligated or expended for any of the
following:
``(1) To supplant pro bono public service time donated by
national or local broadcasting networks, advertising
agencies, production companies, or other pro bono work for
the national awareness campaign.
``(2) For partisan political purposes, or express advocacy
in support of or to defeat any clearly identified candidate,
clearly identified ballot initiative, or clearly identified
legislative or regulatory proposal.
``(3) To fund advertising that features any elected
officials, persons seeking elected office, cabinet level
officials, or other Federal employees employed in positions
in schedule C of part 213 of title 5 of the Code of Federal
Regulations (January 1, 2008), as amended from time to time.
``(4) To fund advertising that does not contain a primary
message intended to educate the public on the issues facing
runaway and homeless youth (or youth considering running
away) or on the opportunities for adults to help such youth.
``(5) To fund advertising that solicits contributions to
support the national awareness campaign.
``(d) Financial and Performance Accountability.--The
Secretary shall perform--
``(1) audits and reviews of costs of the national awareness
campaign pursuant to section 304C of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254d); and
``(2) an audit to determine whether the costs of the
national awareness campaign are allowable under section 306
of such Act (41 U.S.C. 256).
``(e) Report.--The Secretary shall include in each report
submitted under section 382 a summary of the national
awareness campaign that describes--
``(1) the activities undertaken by the national awareness
campaign;
``(2) steps taken to ensure that the national awareness
campaign operates in an effective and efficient manner
consistent with the overall strategy and focus of the
national awareness campaign; and
``(3) each grant made to, or contract entered into with, a
particular corporation, partnership, or individual working on
the national awareness campaign.''.
SEC. 10. DEFINITIONS.
Section 387 of the Runaway and Homeless Youth Act (42
U.S.C. 5732a) is amended--
(1) in paragraph (3)(A)--
(A) in clause (i)--
(i) by striking ``not more than'' each place it appears and
inserting ``less than'', and
(ii) by inserting after ``age'' the last place it appears
the following:
``, or until attaining a higher maximum age if the State
where the center is located has an applicable State or local
law or regulation that permits such higher maximum age in
compliance with licensure requirements for child and youth
serving facilities'', and
(B) in clause (ii) by striking ``age;'' and inserting the
following:
``age and either--
``(I) less than 22 years of age; or
``(II) an age exceeding 22 years of age as of the
expiration of the maximum period of stay permitted under
section 322(a)(2)(ii) if such individual commences such stay
before attaining 22 years of age;'', and
(2) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively.
[[Page 11848]]
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
Section 388(a) of the Runaway and Homeless Youth Act (42
U.S.C. 5751(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Authorization.--There are authorized to be
appropriated to carry out this title (other than parts E and
F, and section 345) $150,000,000 for fiscal year 2009 and
such sums as may be necessary for fiscal years 2010, 2011,
2012, and 2013.'',
(2) by amending paragraph (4) to read as follows:
``(4) Part e.--There are authorized to be appropriated to
carry out part E $30,000,000 for fiscal year 2009 and such
sums as may be necessary for fiscal years 2010, 2011, 2012,
and 2013.'', and
(3) by adding at the end the following:
``(5) Part f.--There is authorized to be appropriated to
carry out part F $3,000,000 for each of the fiscal years
2009, 2010, 2011, 2012, and 2013.
``(6) Section 345.--There are authorized to be appropriated
to carry out section 345 such sums as may be necessary for
fiscal years 2009, 2010, 2011, 2012, and 2013.''.
SEC. 12. PERFORMANCE STANDARDS.
The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)
is amended by adding at the end the following:
``SEC. 390. PERFORMANCE STANDARDS.
``(a) Establishment of Performance Standards.--Not later
than 1 year after the effective date of this section, the
Secretary shall establish by rule performance standards
applicable to public and nonprofit private entities and
agencies that receive grants under sections 311, 321, and
351.
``(b) Implementation of Performance Standards.--The
Secretary shall integrate performance standards established
under subsection (a) into the Secretary's processes for
grant-making, monitoring, and evaluation for programs under
sections 311, 321, and 351.
``(c) Consultation.--The Secretary shall consult with
representatives of public and private entities and agencies
that receive grants under this title, statewide and regional
nonprofit organizations (and combinations of such
organizations) that receive grants under this title, and
national nonprofit organizations concerned with youth
homelessness in developing the performance standards required
by subsection (a).
``(d) Public Comment.--The Secretary shall provide an
opportunity for public comment concerning the establishment
of the performance standards required by subsection (a)
before issuing rules to establish such standards, and shall
maintain an official record of such public comment.''.
SEC. 13. GAO STUDY AND REPORT.
(a) Study.--The Comptroller General shall conduct a study
of, and make findings and recommendations relating to, the
process for making grants under parts A, B, and E of the
Runaway and Homeless Youth Act, with respect to--
(1) the written responses made by the Secretary of Health
and Human Services to (and any other methods for
communicating with) grant applicants who are do not receive a
grant under part A, B, or E of such Act, to determine if the
information provided in such responses to such applicants is
conveyed clearly,
(2) the structure of the grant application and associated
documents (including announcements that grants are available
under such parts), to determine if such application is
structured so that the applicant has a clear understanding of
what is required in each provision to successfully complete
the application, including a clear explanation of terminology
required to be used by the applicant throughout the document,
(3) the peer review process (if any) used to review grant
applications (including the selection of peer reviewers) and
the oversight of the peer review process by employees of the
Department of Health and Human Services, as well as the
extent to which such employees make funding determinations
based on the comments and scores of the individuals who
perform peer reviews,
(4) the typical time frame and the process used by such
employees, including employee responsibilities, for
responding to applicants and the efforts taken to communicate
with applicants when there is a delay of decisions on
applications or when funds to carry out this title are not
appropriated before the beginning of the then current fiscal
year, and
(5) the plans for and implementation of, where practicable,
the new training and technical assistance programs and their
effect on the grant application process.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a
report to the Committee on Education and Labor of the House
of Representatives and the Committee on Judiciary of the
Senate, containing a summary of the results of the study
conducted under subsection (a), together with the findings
and recommendations made by the Comptroller General based on
such results.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kentucky (Mr. Yarmuth) and the gentlewoman from Illinois (Mrs. Biggert)
each will control 20 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. YARMUTH. Mr. Speaker, I request 5 legislative days during which
Members may revise and extend and insert extraneous material on H.R.
5524 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. YARMUTH. I yield myself such time as I may consume.
Mr. Speaker, I rise in support of the Reconnecting Homeless Youth
Act, which I introduced earlier this year. This legislation will
reauthorize the sole source of Federal funding for at least 1 million
young people who find themselves homeless or unaccompanied each year.
Some of those children are born homeless, but most run away to escape
mental, emotional or physical abuse. More than a third of them are
victims of sexual abuse in the home.
Although they escape terrible conditions at home, for most, what is
waiting for them on the street is no better. These youths are raped or
assaulted at rates two to three times the national average, they are
seven more times likely to contract HIV, and a third of them attempt
suicide. For these young people, hope is a distant concept and the
future is little more than a dead end.
The situation is bleak, but the solutions are within our grasp. My
hometown of Louisville, thanks to organizations like Safe Place and
Boys Haven, has set the standard for helping homeless youth find a
home, get an education and rediscover their futures.
I invited Rusty Booker to testify before the Education and Labor
Committee last year. Rusty, a fellow Louisvillian, ran away from an
abusive home at the age of 12 and went through five different foster
homes before finding his path at Safe Place. Rusty showed us that we
have the answers, we have the tools to eliminate childhood homelessness
and disconnection, but only if we choose to use them.
That is the opportunity we have before us today, because despite the
tremendous work of our service organizations, the funds and personnel
to accommodate the basic needs of our Nation's runaway and homeless
youth are far short of meeting the demand and the required
infrastructure is simply not in place. We need to do more than just
contain these children while we have them. We must set them on a path
to adulthood, prepared for the workplace and ready for the world,
without dragging the dead weight of a history of neglect.
The Reconnecting Homeless Youth Act will refocus our resources and
give America a real shot at eradicating youth homelessness forever.
Thanks to the groundwork laid in Louisville, the Reconnecting Homeless
Youth Act won't simply extend the Runaway and Homeless Youth Act until
2013. It will provide significant improvements and much-needed
expansions.
Addressing the critical funding shortfall, this legislation will
dramatically increase the reauthorization for Runaway and Homeless
Youth Act funding to $150 million per year, ensuring that the resources
are in place for community-serving organizations to reach every child
in need.
The bill will also increase the basic center program allotments for
small States, make public entities eligible for street outreach program
funds, establish grantee performance standards, and finally create a
process for developing a national runaway and homeless youth research
and evaluation agenda.
The progress that we have made in the past year is significant. In
fiscal year 2007, 740,000 young people were helped by our HYA programs.
But more significant will be the advances down the road. As we work to
restore faith in this Nation's future, we must build an America where
every child has a chance to learn, succeed, and at the very least have
a place to call home.
I urge my colleagues to join me in supporting this legislation, which
will offer a chance and a childhood to millions of our most vulnerable
citizens.
I reserve the balance of my time.
Mrs. BIGGERT. Mr. Speaker, I yield myself such time as I may consume.
[[Page 11849]]
Mr. Speaker, I rise today as the lead Republican sponsor of H.R.
5524, the Reconnecting Homeless Youth Act of 2008. I am pleased to be
here with my good friend the gentleman from Kentucky, Congressman John
Yarmuth, as we consider this important bill reauthorizing and
strengthening the Runaway and Homeless Youth Program, set to expire
this year.
Mr. Speaker, each year, between 1 and 3 million children in the
United States find themselves on their own and on the street.
Throughout our Nation, local shelters, like NCO Youth & Family Services
and Aunt Martha's in my district rely on Federal support to keep these
children safe and off the streets.
Congress first enacted the Runaway and Homeless Youth Act in 1974 and
has regularly reauthorized it to ensure a basic level of support for
unaccompanied youth. To meet the needs of these children, the Runaway
and Homeless Youth Act authorizes three major programs: The Basic
Center Program, the Transitional Living Program and the Street Outreach
Program.
The Basic Center Program, or BCP, provides youth with emergency
short-term shelter, food, clothing, counseling and referrals for health
care. The BCP seeks to reunite young people with their families
whenever possible or to locate appropriate alternative placements. In
2006, BCP grantees served more than 48,000 youth.
The Transitional Living Program, or TLP, assists older homeless youth
in developing skills and resources to promote their independence and
prevent future dependency on social services. In 2006, TLP grantees
provided services to more than 3,600 youth.
The Street Outreach Program provides emergency shelter and related
services to young people who have been or are at the risk of being
sexually abused or exploited. The goal of these efforts is to inform
young people about services that can help them find suitable housing
and address the problems that lead them to be on the street.
{time} 1630
In 2006, the Street Outreach Program served over 619,000 youth. The
bill before us today reauthorizes the Runaway and Homeless Youth Act
through fiscal year 2013. Under the bill, the Department of Health and
Human Services would establish grantee performance standards and
provide a periodic estimate of the incidence of youth homelessness.
H.R. 5524 also creates a National Homeless Youth Awareness Campaign
that will focus on increasing awareness about the issues facing runaway
and homeless youth and the tools available for preventing runaway and
homeless youth situations.
While the prevalence of homelessness is difficult to measure, it is
estimated that about 5 to nearly 8 percent of youth experience
homelessness each year. More can and must be done. The Reconnecting
Homeless Youth Act will strengthen Federal efforts to keep our children
safe and off the street.
I would like to take a moment to share the story of one of these
kids, Dennis, a constituent of mine, whose life changed as a result of
one of these programs strengthened in this bill, the Transitional
Living Program. As a senior in high school, Dennis began to isolate
himself from family and friends. He was diagnosed with a bipolar
disorder, and even though he was prescribed medicine, he didn't take
it. According to Dennis, he felt ``walled off to a point where it just
crushes in on you, it was like someone turned off the switch. It was
very, very difficult to see joy.''
After months of bitterly fighting with his parents, Dennis packed up
his car and ran away. He stayed on the couch of friends and family for
the remainder of his senior year in high school and continued to
deteriorate.
Fortunately, that year, Dennis learned of the NCO Youth and Family
Services Transitional Living Program, and he decided to use it for
housing. He needed a place to stay. But the program was not just
housing, it taught him to manage his disorder, as well as training and
managing, budget, cooking and cleaning, monitoring his credit, applying
for a job, securing transportation and locating an apartment.
The program helped Dennis secure a job, giving him the hope and
determination to make something of himself. After successful completion
of the Transitional Living Program, where is he now? Well, Dennis is an
Army private serving honorably in Kuwait.
According to Dennis, without the program, he would be half dead now.
He says, ``If I hadn't come to NCO, I think I wouldn't have made it.''
Because of the stories like this and the success that we have seen, I
am really proud to join Mr. Yarmuth, my fellow sponsor, in support of
this bill. This bill is about helping homeless children, and I strongly
support it and urge its passage.
We need to start thinking about how to help families facing the
prospect of homelessness because they are being squeezed by high energy
prices, rising prices for gasoline needed to get to and from a job, for
the food needed to feed their families and even for natural gas to keep
their homes warm in the winter and for electricity needed to keep them
cool in the summer, we are putting enormous pressure on the American
families that can least afford it.
In addition to helping homeless kids, this Congress must take action
to increase the supply of oil, reduce the price of gasoline and support
the development of advanced energy technologies and alternatives to oil
and gas.
Just this past weekend, the national average price of gasoline hit $4
a gallon for the first time. Well, I can assure you that for my
constituents in the Chicago area, $4 for gas would be moving in the
right direction. We have been paying well over $4 a gallon for weeks.
While I urge my colleagues to support this bill today, I also urge
this House to take action to address the high price of energy generally
and gasoline in particular, which, if left unchecked, will certainly
increase the ranks of homelessness in the U.S.
With that, I thank my colleague, Mr. Yarmuth, for working with me to
produce the bipartisan bill we are considering today.
Mr. Speaker, I reserve the balance of my time.
Mr. YARMUTH. Mr. Speaker, I have the great honor of yielding as much
time as he may consume to my colleague on the Education and Labor
Committee, Mr. Hinojosa, from Texas.
Mr. HINOJOSA. Mr. Speaker, I rise in strong support of H.R. 5524, the
Reconnecting Homeless Youth Act.
I would like to thank my two good friends, Representative John
Yarmuth from Kentucky and Representative Judy Biggert from Illinois,
for their strong leadership on this important legislation to my
district in south Texas and to the whole Nation.
An estimated 2.8 million youth under the age of 17 experience a
homeless situation each year. Many more young adults under the age of
24 find themselves without a place to call home.
Our Nation's homeless youth are exposed to some of the harshest
elements imaginable. They are exposed to the harsh elements of hot and
cold weather. These homeless youth are exposed to the harsh elements of
crime, of abuse and exploitation on the street. They are vulnerable to
illness and physical trauma.
These homeless youth are deprived of the protective and nurturing
elements that come with a home and a strong supportive family. They are
robbed of the supports necessary for a productive adulthood. The
Reconnecting Homeless Youth Act will reauthorize the Runaway and
Homeless Youth Act, which provides support to youth through basic
centers and shelters, transitional living programs and street outreach.
This is the only Federal law targeted solely to unaccompanied youth.
I am very proud to be an original cosponsor of this legislation and
would like to thank the authors for including many of the provisions to
improve the Runaway and Homeless Youth Act from legislation I
introduced last summer. H.R. 3409, the Place to Call Home Act, is
included in this bill.
Homelessness among our Nation's youth will persist until all sectors
of society, including the Congress, declare that a safe place to live
and a connection to permanent and loving families
[[Page 11850]]
and communities are basic needs we will ensure for all young people.
This legislation is one significant step in that direction.
I strongly urge all of my colleagues to vote ``yes'' on H.R. 5524,
the Reconnecting Homeless Youth Act.
Mrs. BIGGERT. Mr. Speaker, does the gentleman from Kentucky have any
further speakers?
Mr. YARMUTH. We are prepared to close if you are prepared to close.
Mrs. BIGGERT. Mr. Speaker, in closing, let me just thank, again, the
gentleman from Kentucky and the gentleman from Texas for their work on
this bill and also the staffs on both side of the aisle from the
Education and Labor Committee for all of their work.
Mr. Speaker, I yield back the balance of my time.
Mr. YARMUTH. Mr. Speaker, with that, I strongly urge my colleagues to
pass this important legislation that for more than 1 million young
people each year could mean the difference between continuing to live
on the streets without hope and finding a path to independent adulthood
that begins with a place to call home.
I want to thank Chairman Miller, Chairwoman McCarthy, and especially
Representative Biggert for her hard work and dedication to this issue.
Mrs. McCARTHY of New York. Mr. Speaker, I rise in full support of
H.R. 5524, The Reconnecting Homeless Youth Act.
This bill reauthorizes the Runaway and Homeless Youth Act, which is
under the jurisdiction of the subcommittee which I chair, the Healthy
Families and Communities Subcommittee of the Committee on Education and
Labor. Mr. Yarmuth, the bill's sponsor, is on my subcommittee and it
was a pleasure to work with him on this reauthorization. Each member of
my subcommittee is both passionate and committed to improving the lives
of our Nation's children. In this case, Mr. Yarmuth is seeking to
assist some of our Nation's most vulnerable youth, those who run away
from home or who have no home.
It is a travesty that this situation exists in our Nation--that
children find themselves in situations where they need to leave their
home for any number of reasons--they are thrown out, have been abused,
and face other challenges at home. Worse yet, too many of our Nation's
foster care youth find themselves released from the system at or around
age 18 and are left to fend for themselves without guidance or little
to no assistance, and they become part of the over one million runaway
or homeless youth in our Nation. These resilient youth seek caring
adults, stability, and the ability to see their future as different
from their present situation.
This reauthorization improves the basic central programs, street
outreach programs, and the transitional living program. As we heard in
a hearing in my subcommittee, it is just too easy to look away and
dismiss the problem or accept that it is inevitable that there will be
homeless youth. We see it, acknowledge it, and do nothing about it.
However, if we dismiss or tolerate the problem of runaway and homeless
youth, I think that we can easily expect that we will see these youth
in other social systems where they may stay for the rest of their
lives. Helping these youth in the here and now is both intervention and
prevention. We must maintain a long-term vision for our Nation's youth.
Investing in all children at an early age is clearly necessary, but we
also must attend to our older youth who face challenges that neither
you nor I have experienced as teenagers and young people.
Mr. Speaker, Mr. Yarmuth has worked very hard with the community that
works with runaway and homeless youth to create a strong
reauthorization of these programs. He has included the development and
implementation of performance standards to be used in the grant making
process, to better allow the Family and Youth Services Bureau of the
Department of Health and Human Services to evaluate each program and
fund the best of the best. You see, these programs are good, and the
competition is strong for any funding that is available.
I urge my colleagues to vote yes on H.R. 5524, the Reconnecting
Homeless Youth Act today. It is an investment in our Nation's most
vulnerable youth and in all of America's young people. They seek caring
adults and opportunities to improve their lives at home and their
futures. If we help these youth now, we prevent them from entering into
child welfare and juvenile justice systems, each path fraught with
challenges. I think that we can all come together to change the lives
of children for the better.
Mr. YARMUTH. 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 Kentucky (Mr. Yarmuth) that the House suspend the rules
and pass the bill, H.R. 5524, 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.
____________________
JOSH MILLER HEARTS ACT
Mr. YARMUTH. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4926) to amend the Elementary and Secondary Education Act of
1965 to establish a grant program for automated external defibrillators
in schools, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4926
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 ``Josh Miller Helping Everyone
Access Responsive Treatment in Schools Act of 2008'' or the
``Josh Miller HEARTS Act''.
SEC. 2. GRANT PROGRAM FOR AUTOMATED EXTERNAL DEFIBRILLATORS.
(a) Program Required.--The Secretary of Education shall
carry out a program under which the Secretary makes grants to
local educational agencies, to be used by the local
educational agencies for one or both of the following:
(1) To purchase automated external defibrillators for use
in elementary and secondary schools served by the local
educational agency.
(2) To provide training to enable elementary and secondary
schools served by the local educational agency to meet the
requirements of subsection (d)(1), but only if automated
external defibrillators are already in use at such schools or
are acquired through this program.
(b) Eligibility.--
(1) Local educational agencies.--To be eligible to receive
a grant under this section, a local educational agency shall
submit an application to the Secretary at such time, in such
form, and containing such information as the Secretary may
require.
(2) Elementary and secondary schools.--To be eligible to
receive an automated external defibrillator through a grant
under this section, a school may be any public or private
school served by the local educational agency, except that an
Internet- or computer-based community school is not eligible.
(c) Matching Funds Required.--
(1) In general.--To be eligible to receive a grant under
this section, the local educational agency must provide
matching funds from non-Federal sources equal to not less
than 25 percent of the amount of the grant.
(2) Waiver.--The Secretary shall waive the requirement of
paragraph (1) for a local educational agency if the number of
children counted under section 1124(c)(1)(A) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6333(c)(1)(A)) is 20 percent or more of the total number of
children aged 5 to 17, inclusive, served by the local
educational agency.
(d) Training and Coordination Required.--A local
educational agency that receives a grant under this section
shall demonstrate that, for each elementary and secondary
school at which the automated external defibrillators are to
be used--
(1) there are at least 5 individuals at the school who--
(A) are employees or volunteers at the school;
(B) are at least 18 years of age; and
(C) have successfully completed training, with the
expectation that the certification shall be maintained, in
the use of automated external defibrillators and in cardio
pulmonary resuscitation, conducted by the American Heart
Association, the American Red Cross, the National Safety
Council, or another nationally recognized organization
offering training programs of similar caliber;
(2) local paramedics and other emergency services personnel
are notified where on school grounds the automated external
defibrillators are to be located; and
(3) the automated external defibrillator will be integrated
into the school's emergency response plan or procedures.
(e) Priority.--In making grants under this section, the
Secretary shall give priority to schools--
(1) that do not already have an automated external
defibrillator on school grounds;
(2) at which a significant number of students, staff, and
visitors are present on school grounds during a typical day;
(3) with respect to which the average time required for
emergency medical services (as defined in section 330J of the
Public Health Service Act (42 U.S.C. 254c-15(f))) to reach
the
[[Page 11851]]
school is greater than the average time for emergency medical
services to reach other public facilities in the community;
and
(4) that have not received funds under the Rural Access to
Emergency Devices Act (42 U.S.C. 254c note).
(f) ESEA Definitions.--The terms used in this section shall
have the meanings given to such terms in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2008 through 2013.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kentucky (Mr. Yarmuth) and the gentleman from New York (Mr. Kuhl) each
will control 20 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. YARMUTH. Mr. Speaker, I request 5 legislative days during which
Members may revise and extend and insert extraneous material on H.R.
4926 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. YARMUTH. Mr. Speaker, I yield myself such time as I may consume.
I rise today in strong support of H.R. 4926, the Josh Miller HEARTS
Act. This is a bill that will save countless lives at a relatively low
cost to taxpayers.
According to the American Heart Association, more than 200,000
Americans die of sudden cardiac arrest each year. Even more disturbing
is the fact that 50,000 of these deaths could have been prevented with
the use of an automated external defibrillator, or AED.
AEDs are portable devices used to restart the heart after sudden
cardiac arrest. Studies have shown that these devices, which are
required in Federal buildings and on airplanes, can be safely used by
anyone, including children. Defibrillators talk the user through the
lifesaving process and do not deliver a shock unless the heartbeat
analyzed through the machine is in need of it.
Prompt response to a person experiencing cardiac arrest is
imperative, and waiting for an EMS to arrive can be fatal. Utilizing
CPR techniques and administering an AED can more than double the
victim's chance of survival. A defibrillator shock is the most
effective treatment for sudden cardiac arrest. Heart experts at Johns
Hopkins University believe that over 500 lives can be saved annually
with the widespread placement of AEDs.
The legislation put forward today will go a long way towards saving
lives in our Nation's schools. This bill establishes a grant program to
place lifesaving defibrillators in every elementary and secondary
school that chooses to participate in the program. Additionally, the
law would require recipients of these grants to train school staff in
AED and CPR practices, coordinate with local paramedics, and integrate
AEDs into existing medical emergency response plan. These provisions
will save the lives of students, teachers, parents, staff and community
members in U.S. schools.
On any given day, as much as 20 percent of a community's population
passes through its schools, and it is our duty to ensure that these are
safe places for kids to learn and community members to interact. Since
schools are natural meeting places for the public, this bill can save
the lives of countless children, teachers, parents and others.
Similar legislation has already passed and is making an important
difference in States such as Ohio and New York. As a response to the
tragic death of 15 year-old Josh Miller, Ohioans instituted a program
to place AEDs in schools. Since the inception of the program in 2005,
13 lives have been saved by defibrillators. Similarly, the New York
program, in honor of 14 year-old Louis Acompora, has saved 38 lives
since 2002.
I want to thank families like the Millers and the Acomporas, whose
hard work has brought national attention to this issue. They have
worked through their grief, and fueled by the tragic loss of a child,
have toiled tirelessly to keep other parents from experiencing similar
losses. With passage of this bill, Congress has the opportunity to join
with these families and prevent future tragedies.
Encouraging results and the many lives saved already demonstrate why
we must pass this legislation. By putting in place preventive measures
like these offered in this bill, we can save more lives.
Once again, I express my support for H.R. 4926, and I urge my
colleagues to pass this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. KUHL of New York. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong support of H.R. 4926, the Josh Miller
Helping Everyone Access Responsive Treatment in Schools Act of 2008.
Also, fortunately, we refer to it as the Josh Miller HEARTS Act.
This legislation would authorize the United States Secretary of
Education to make grants to public and private elementary and secondary
public schools to purchase automated external defibrillators, also
known as AEDs, for school grounds and to train employees and volunteers
on how to use these devices, which have saved thousands of lives all
over the country.
An AED is a portable, computerized medical device that can check a
person's heart rhythm to determine whether he or she is in cardiac
arrest and having a heart attack. It can recognize a rhythm that
requires an electronic shock and advise a rescuer when a shock is
needed.
{time} 1645
The AED uses voice prompts, lights, and text messages to tell the
rescuer the precise steps he or she needs to take to operate the
device.
Just as hundreds of students have found out, it is an extremely
accurate and easy device to use. As such, the device is widely credited
for saving hundreds of lives a year.
I firmly believe that expanding the availability of AEDs in schools
will save the lives of thousands of students and teachers, and so I
want to thank the gentlewoman from Ohio (Ms. Sutton) for taking a
leadership role on this vital issue and for introducing this important
bill.
This effort is a deeply personal one to me, as I have been involved
in the effort to install AEDs in public and private elementary and
secondary schools since before I came to Congress.
When I was in the New York State Senate, I heard about a young man
who Mr. Yarmuth mentioned earlier by the name of Louis Acompora from
Northport, Long Island. Louis was playing lacrosse at Northport High
School. Like many high school students across the country, he played
sports every day. He did exactly what he was trained to do, he blocked
a shot on goal with his chest. Unfortunately, it was the wrong time,
and after receiving the blunt impact to the chest, Louis went into
cardiac arrest and died from that particular blow, a syndrome that
affects healthy young athletes as a result of low energy, non-
penetrating blows to the chest.
If an AED had been available on the field at the time, perhaps
Louis's mother and father would not have watched him die on the field.
In response to this tragic event, I worked with my colleague, then
State Assemblyman Harvey Weisenberg, to introduce legislation that
required all public schools in New York State to have at least one AED
on the school grounds. Fortunately, the State legislature adopted this
law, and as a result, I am proud to say that 38 lives in New York
schools have been saved since its passage back in 2002.
As I said on the floor last week in support of the first annual CPR
and AED Awareness Week, communities with comprehensive AED programs
have achieved survival rates of over 40 percent where the normal
survival rate is roughly 5 percent.
With this in mind, I believe schools are the logical place to put
defibrillators since as many as 20 percent of the community population
passes through its school's doors on a daily basis.
[[Page 11852]]
This bill would require that local educational agencies that receive
a grant under the program to provide at least 25 percent match from
non-Federal sources. It ensures that local paramedics and other
emergency services personnel are notified regarding where the actual
AED is located on the school grounds in case they ever have to respond
to a situation on the school campus.
H.R. 4926 is an important piece of legislation that will help save
lives all across the country. I compliment Ms. Sutton again on her
leadership role on this issue, and I strongly urge my colleagues to
support the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. YARMUTH. Mr. Speaker, it gives me great pleasure to introduce the
sponsor of this bill and my good friend and a member of the wonderful
majority maker's class of 2006, the gentlewoman from Ohio (Ms. Sutton)
and yield as much time as she may consume.
Ms. SUTTON. I thank the gentleman from Kentucky.
Mr. Speaker, I rise today as the proud sponsor of H.R. 4926, the Josh
Miller Helping Everyone Access Responsive Treatment in Schools Act, or
the Josh Miller HEARTS Act.
This legislation establishes a grant program to ensure that every
elementary and secondary school across the country can obtain automated
external defibrillators, or AEDs.
I introduced the Josh Miller HEARTS Act last December in memory of a
young man from my hometown of Barberton, Ohio.
Josh was the sort of kid who could light up a room, someone who you
knew would go on to achieve great things. He was a sophomore at
Barberton High School with a 4.0 grade point average, a linebacker who
dreamed of playing football some day for Ohio State. But one day,
without warning, those dreams were cut short.
During the final game of the 2000 football season, Josh collapsed
after leaving the field. By the time his heart was shocked with the
defibrillator, it was too late to save him. Josh suffered a sudden
cardiac arrest, which according to the American Heart Association,
claims the lives of about 330,000 Americans every year. The vast
majority of these individuals, like Josh, will never have displayed any
signs of heart trouble beforehand.
Yet there is an easy-to-use, relatively inexpensive piece of medical
equipment that can more than double the odds of survival for someone
experiencing a sudden cardiac arrest.
An automated external defibrillator, or AED, is the single most
effective treatment for starting the heart after a sudden cardiac
arrest. And because the chances of survival decrease up to 10 percent
for every minute that passes, every second is critical.
Schools, as you've heard, are central gathering places in our
communities that make them the ideal locations for AEDs. Placed in our
schools, AEDs can save not only students but also staff and parents and
many other visitors who come through our schools every day.
The Josh Miller HEARTS Act establishes a grant program to ensure that
AEDs will be available to every elementary and secondary school, public
and private across the country.
AED/CPR training is also an important part of raising awareness in
using AEDs correctly. H.R. 4926 makes funds for training available to
schools that already have AEDs, as well as to schools that will receive
AEDs through this program.
Finally, this legislation also requires coordination with local
emergency medical services and integration into the school's emergency
response plan, to ensure their effective use within each community.
I would like to take a moment to thank Chairman Miller and Ranking
Member McKeon for making this legislation a priority and for moving it
forward. And I want to thank Representative Kuhl and representatives on
both sides of the aisle for their support of this very important
initiative. I thank Representative Yarmuth for his leadership, and I
also would like to recognize Dr. Terry Gordon, a cardiologist who was
instrumental in pushing a similar effort successfully in my home State
of Ohio and who has put his whole heart into making this life-saving
device available across this Nation his vocation.
Finally, I would like to close by thanking the Miller family,
especially Josh's parents, Ken and Jerri Miller, for their courage and
for transforming their life into this life-saving mission. Losing a
young life like Josh's can make us feel helpless, but through these
tragedies, many families like the Millers and the Acomporas have found
the strength to act. They have found the courage to speak out so that
their other children can have the chance that their children never did,
and so that other families will not have to feel their pain.
Although H.R. 4926 bears Josh Miller's name, it is truly in memory of
all those who might have been saved, and in celebration of those who
because of this program will have the opportunity to live their lives
to their fullest potential. Let's give these children that chance.
Mr. YARMUTH. We reserve the balance of our time.
Mr. KUHL of New York. Mr. Speaker, in closing let me say that this
bill is a bill that makes a difference between life and death. It is
one that all of our colleagues should be supporting, and I recommend
its support.
Mr. Speaker, I yield back the balance of my time.
Mr. YARMUTH. I thank the gentleman from New York, and I thank
Congresswoman Sutton for her wonderful work on this piece of
legislation.
I want to also echo my thanks to Dr. Terry Gordon who happens to be a
childhood friend of mine and a native of Louisville, Kentucky. He
deserves a great deal of credit for beginning the movement that has
resulted hopefully in the passage of this bill today.
I urge my colleagues to support this marvelous piece of legislation.
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 Kentucky (Mr. Yarmuth) that the House suspend the rules
and pass the bill, H.R. 4926, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title was amended so as to read: ``A bill to establish a grant
program for automated external defibrillators in elementary and
secondary schools.''.
A motion to reconsider was laid on the table.
____________________
FATHER'S DAY RESOLUTION
Mr. YARMUTH. Mr. Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 1243) recognizing the immeasurable
contributions of fathers in the healthy development of children,
supporting responsible fatherhood, and encouraging greater involvement
of fathers in the lives of their children, especially on Father's Day.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1243
Whereas fathers factor significantly in the lives of
children;
Whereas fathers play an important role in teaching their
children life lessons and preparing them to succeed in school
and in life;
Whereas children with involved fathers are more likely to
do well in school, have a better sense of well-being, and
have fewer behavioral problems;
Whereas supportive fathers promote the positive physical,
social, emotional, and mental development of children;
Whereas promoting responsible fatherhood can help increase
the chances that children will grow up with two caring
parents;
Whereas when fathers are actively involved in the
upbringing of children, the children demonstrate greater
self-control and a greater ability to take initiative;
Whereas responsible fatherhood can help reduce child
poverty;
Whereas responsible fatherhood strengthens families and
communities; and
Whereas Father's Day is the third Sunday in June: Now,
therefore, be it
Resolved, That the House of Representatives--
(1) commends the millions of fathers who serve as
wonderful, caring parents for their children;
[[Page 11853]]
(2) calls on fathers across the United States to use
Father's Day to reconnect and rededicate themselves to their
children's lives, to spend Father's Day with their children,
and to express their love and support for their children;
(3) urges men to understand the level of responsibility
fathering a child requires, especially in the encouragement
of the moral, academic, and spiritual development of
children; and
(4) encourages active involvement of fathers in the rearing
and development of their children, including the devotion of
time, energy, and resources.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kentucky (Mr. Yarmuth) and the gentleman from New York (Mr. Kuhl) each
will control 20 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. YARMUTH. Mr. Speaker, I request 5 legislative days during which
Members may revise and extend and insert extraneous material on H. Res.
1243 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. YARMUTH. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H. Res. 1243 which recognizes the
contributions of millions of fathers in the lives of their children.
This coming Sunday, June 15, is Father's Day, so this is an appropriate
time to stop and commend the millions of fathers who serve as
wonderful, caring parents for their children.
Fathers can play a special role in the rearing and development of
their children, and I commend the millions of fathers across our
country for devoting their time, energy, and resources to improving the
well-being of their children.
But, Mr. Speaker, I would also like to mention that this is not just
a day for children to honor their fathers, or for adults to honor their
fathers, it is also a day, I believe, for fathers to recognize the
blessing that they have been given to mean so much in the lives of
their children.
When I was a columnist years ago, I began writing columns about my
son and being my son's father. What was interesting about them is each
year that I did that, they were always the most popular columns that I
wrote because they were human subjects that many people could relate
to.
The first one I wrote, which was June of 1994, I wrote this: ``When I
was growing up, I figured Father's Day was the day when I was supposed
to acknowledge my gratitude for everything my dad did for me. Now that
I'm a dad, I know it is really something much different. It's a
reminder of how wonderful it is to be an important part of someone
else's life, to shoulder responsibility, to love without conditions or
expectations.''
So I want to make a personal comment that Father's Day is about being
a father as much as paying honor to your father.
With that, Mr. Speaker, once again I want to express my support for
H. Res. 1243 that acknowledges the importance of fathers in the United
States.
Mr. Speaker, I reserve the balance of my time.
Mr. KUHL of New York. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of H. Res. 1243, recognizing the
immeasurable contributions of fathers in the healthy development of
children, supporting responsible fatherhood, and encouraging greater
involvement of fathers in the lives of their children, especially on
Father's Day.
Pope John Paul XXIII once stated: ``It is easier for a father to have
children than for children to have a real father.'' The truism of those
words is exceedingly relevant today.
The presence of two committed, involved parents contributes directly
to better academic importance, reduced substance abuse, less crime and
delinquency, fewer emotional and other behavioral problems, less risk
of abuse or neglect, and lower risk of teen suicide.
The research is clear, fathers factor significantly in the lives of
their children. There is simply no substitute for the love,
involvement, and for the commitment of a responsible father.
Fathers today have a responsibility to set aside quality time with
their children, such as attending their children's school events, games
and activities. They also involve their children in their lives and the
adult world by taking them to work, or taking them along when the car
needs to be repaired, or involving them in decisions that affect the
family.
As advisors and role models, fathers help their children to
understand the difference between right and wrong and to recognize how
the decisions they make today can affect the rest of their lives.
{time} 1700
Fathers instill important values and prepare their children for
challenges and opportunities ahead by demonstrating true leadership.
Their love and their devotion inspire the future generation of
Americans to achieve their dreams, and demonstrate their true spirit of
our country.
A father is one of the most important influences in a child's life.
And on Father's Day, and every day, we honor our fathers who celebrate
this special bond between a father and a child.
And so as fathers and children all across the country prepare this
Sunday to mark that special day in which fathers are honored for all
they do, I urge my colleagues to join me in support of this resolution.
Father's Day celebrations are a time of great happiness and family
bonding. Many families will try to escape for a day, perhaps taking a
trip to a favorite landmark or to the ball park, building precious
memories for dad and children alike.
Unfortunately, for many families, these joyous celebrations will not
be an option this year. With the price of gasoline reaching $4.02 per
gallon just recently, for the first time in history, Americans are
struggling to put fuel in their cars. They're struggling to make
everyday purchases. And they're sacrificing the types of celebrations
that would normally mark the occasion of Father's Day.
Although the majority has thus far refused to unveil its long-
promised plan to bring down the price of gasoline, Republicans are not
willing to stand by while our families suffer. That's why we've offered
a plan of our own to increase production here at home, thereby creating
American jobs, while also encouraging the development of energy
alternatives and promoting conservation.
We owe it to the American families, including the fathers, who just
want to be able to spend quality time with their children, to finally
deliver solutions to the current energy crisis. We need to bring down
the price of energy sources that fuel our lives.
I would like to reserve the balance of my time at this point, Mr.
Speaker.
Mr. YARMUTH. Mr. Speaker, I have the great honor of introducing and
yielding as much time as he may consume to the sponsor of the bill, the
distinguished gentleman from Illinois (Mr. Davis).
Mr. DAVIS of Illinois. Mr. Speaker, first of all I want to thank the
gentleman from Kentucky (Mr. Yarmuth) for yielding, and also for the
tremendous addition that he has been to the United States House of
Representatives, and how much I enjoy serving with him on the Education
Committee.
I also want to commend the sponsors of this resolution because I
don't think that there is any other day that perhaps should be more
important than the concept of Father's Day.
We all recount and remember our own childhood, growing up. I remember
my father always trying to encourage us to do things like go to bed
early, get up early, study hard, work hard, go to church. My father had
all these little pithy sayings that he used to say to us, and he'd say
things like, ``Early to bed and early to rise makes a man healthy,
wealthy and wise.''
Then I remember when my brothers and I got to be teenagers, and he
would tell us that; and we'd say, Dad, we really thank you for your
wisdom. Of course the fellows have a different saying now. They say,
``Early to bed, early
[[Page 11854]]
to rise and the girls go out with the other guys.''
Nevertheless, the things that he taught continued to be the things
that I value. Self-sufficiency, always being able to look out not only
for yourself, but for others.
Unfortunately, we have seen a tremendous rise in single-parent
families, where we experience much too often the absence of fathers.
And there are things that we know about the absence of fathers. We know
that children who grow up without the presence of a father are more
likely to drop out of school, more likely to experience teen pregnancy,
more likely to experience juvenile delinquency, more likely to be
incarcerated.
And so I simply want to take this moment to thank the Illinois
Council on Responsible Fatherhood, and a group that I work with called
Fathers Who Care. On Saturday of this past week, as we do every year
before Father's Day, we had a full day of activity at the Malcolm X
Community College for 400 men who came and talked about fatherhood. And
we encouraged those who had been away from their children to know that
they can have father relationships even if they aren't employed, that
even if they've been incarcerated and away from their families, they
can still come back; that nothing takes the place of the positive
interaction between father and child. And not only just your individual
child.
I had so many fathers growing up until I just can't name them all. I
had father uncles, I had father cousins, I had father neighbors, I had
friends of the family, all of whom practiced the art of fatherhood. And
I don't believe that I would be standing here today as a Member of
Congress had I not had the influence of those men in my life.
Again I commend the sponsors of this resolution, urge its passage.
Mr. KUHL of New York. Mr. Speaker, I yield to the gentleman from
Oklahoma (Mr. Sullivan) as much time as he may consume.
Mr. SULLIVAN. Mr. Speaker, as I look forward to celebrating Father's
Day this weekend, I was proud to introduce House Resolution 1243, which
honors fathers across the country by recognizing the important role
that fathers play in shaping the lives of our Nation's young people,
supporting responsible fatherhood, and encouraging greater involvement
of fathers in the lives of their children.
Being a father is one of the greatest blessings of my life. I love my
job, but I look forward to the end of the week when I can head back
home to Tulsa to be with my family.
My children, Tommy, Meredith, Sydney and Daniel are my number one
priority, and I strive every day to show them they are important. I
would like to take this opportunity to remind all fathers to spend
extra quality time with their children on Father's Day, and to continue
to do so throughout the year.
I introduced this legislation not only to honor fathers but to call
attention to the importance of the job. The role that fathers play in
the development of our youth cannot be overstated.
The absence of fathers contributes to many social problems that we,
as legislators, fight to prevent daily. According to findings by the
National Fatherhood Initiative, the closer adolescents feel to their
fathers, regardless of the type of family structure in which they live,
the less likely it is that they will engage in the use of drugs or
delinquent behavior. Involved and proactive fathers help to shape
confident and productive future citizens.
So as we honor fathers on Father's Day, we should also encourage men
to evaluate their own participation in their children's lives, because
you never can be too involved.
As a co-chair of the Congressional Task Force on Responsible
Fatherhood, as a father and a concerned citizen, I ask my colleagues to
join me in spreading the message of responsible fatherhood to all
levels of society, and encouraging more fathers to reconnect with their
children by supporting House Resolution 1243.
Mr. KUHL of New York. In closing, Mr. Speaker, I would just thank and
compliment the gentleman from Oklahoma for bringing this resolution to
the floor, and for bringing awareness to the people who are fathers,
and reminding them of the tremendous role that they have in America and
the youth development of our children, and to thank them for their
participation in that role.
Mr. McINTYRE. Mr. Speaker, I rise in strong support of H. Res. 1243,
a resolution that recognizes the immeasurable contributions of fathers
in the healthy development of children, supports responsible
fatherhood, and encourages greater involvement of fathers in the lives
of their children, especially on Father's Day. As cochairman of the
Congressional Task Force on Responsible Fatherhood, I thank my
colleague, Mr. Sullivan, for his work on this important matter.
Six days from now, our Nation will celebrate the special place that
fathers have in our country.
From helping with homework to playing ball to reading a book to
offering advice, prayers and support, and to just listening, each and
every day fathers of all ages contribute to the mental, moral, and
spiritual development of children, teenagers, and adults.
According to the National Fatherhood Initiative, children with
involved, loving fathers are significantly more likely to do well in
school, have a healthy self-esteem, exhibit empathy and good behavior,
and avoid high-risk activity such as drug use and criminal activity.
H. Res. 1243 recognizes the commitment of fathers, and the wonderful
work that both parents do on behalf of their kids, and I encourage my
colleagues to join with us as we all recommit ourselves to being the
best father we can to children everywhere.
And in conclusion, I would like to publicly thank my father, Dr.
Douglas McIntyre, for the great example he has been to me and for the
dedication and support he has shown in my every endeavor. And I am most
grateful to God both for my dad and for the absolutely wonderful
opportunity I have to be the father of two amazing, accomplished sons,
Joshua and Stephen.
Happy Father's Day to fathers everywhere.
Mr. TIAHRT. Mr Speaker, I rise today to offer my strong support to H.
Res. 1243, which recognizes the importance of fathers in American
society.
In 1965, while reporting to the Johnson administration on the
problems of under-class America, Daniel Patrick Moynihan cut to the
root of many of the problems we in Congress work so hard to address.
His report stated that, ``. . . A community that allows a large number
of young men to grow up in broken families . . . never acquiring any
stable relationship to male authority, never acquiring any rational
expectations about the future--that community asks for and gets
chaos.'' Tragically, since the Moynihan Report was issued, the number
of fatherless homes has more than tripled. Is it any wonder, then, that
our society has the problems that it does?
Several studies conducted in recent years emphasize the importance of
fathers in the well-being of their children. Children living without
their fathers are 5 times more likely to live in poverty as those who
live with both parents. Not living with both parents quadruples the
risk of having an affective disorder, such as depression, and are
nearly twice as likely to be diagnosed with breathing problems such as
asthma. Cigarette, alcohol, and drug use, and violent crime rates are
all significantly lower for children that come from two parent
households. Children with fathers are half as likely to drop out of
school, half as likely to repeat a grade, and much more likely to get
A's, enjoy school, and participate in extracurricular activities. And
where fathers were present, young men were more likely to grow up to
become good fathers themselves.
It would be naive for me to suggest that the simple presence of a
father guarantees the success of their children and a life without
problems. But the evidence is overwhelming that fathers do play a vital
role in the growth and development of their children. So, Mr. Speaker,
as we prepare to celebrate Fathers' Day this weekend, I urge my
colleagues to join me in voting for this resolution that expresses our
appreciation for the hard work that fathers do in providing for their
families, for modeling good relationships, and for raising their
children to be responsible citizens of this great country.
Lastly, Mr. Speaker, I would like to take just a moment to honor my
own father, Wilbur Tiahrt. Truly a member of the Greatest Generation,
he raised me and my siblings to be people of integrity, to value our
families, and to appreciate and cherish the freedoms we have in America
today. Seven years ago, my father underwent open heart surgery. That
experience has served as a very personal reminder to how short life is,
and each Fathers'
[[Page 11855]]
Day I am especially grateful for the time that I have with my father.
Mr. KUHL of New York. I yield back the balance of my time.
Mr. YARMUTH. Mr. Speaker, I think that all of us agree that this is
something that transcends party, transcends geography and transcends
economics. We all treasure our fathers, and I urge that this resolution
be adopted by the House.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Kentucky (Mr. Yarmuth) that the House suspend the rules
and agree to the resolution, H. Res. 1243.
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. YARMUTH. 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.
____________________
50TH ANNIVERSARY OF ALASKA AS THE 49TH STATE
Mr. DAVIS of Illinois. Mr. Speaker, I move to suspend the rules and
agree to the resolution (H. Res. 127) recognizing and celebrating the
50th anniversary of the entry of Alaska in the Union as the 49th State.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 127
Whereas July 7, 2008, marks the 50th anniversary of the
enactment of the Alaska Statehood Act as approved by the
United States Congress and signed by President Dwight D.
Eisenhower;
Whereas the Alaska Statehood Act authorized the entry of
Alaska into the Union on January 3, 1959;
Whereas the land once known as ``Seward's Folly'' is now
regarded as critical to the strategic defense of the United
States and important to our national and economic security;
Whereas the people of Alaska remain committed to the
preservation and protection of the Union, with among the
highest rates of veterans and residents in active military
service of any State in the Nation;
Whereas Alaska is the northernmost, westernmost, and
easternmost State of the Union, encompassing an area one-
fifth the size of the United States;
Whereas the State of Alaska has an abundance of natural
resources vital to the Nation;
Whereas Alaska currently provides over 16 percent of the
daily crude oil production in the United States and has 44
percent of the undiscovered oil resources and 36 percent of
undiscovered conventional gas in the United States;
Whereas Alaska's 34,000 miles of shoreline form a gateway
to one of the world's greatest fisheries, providing over 60
percent of the country's commercial seafood harvest;
Whereas over 230 million acres of Alaska are set aside in
national parks, wildlife refuges, national forests, and other
conservation units for the benefit of the entire country;
Whereas over 58 million acres are designated wilderness in
Alaska, representing 55 percent of the wilderness areas in
the United States;
Whereas Alaska Natives, the State's first people, are an
integral part of Alaska's history, and preserving the culture
and heritage of Alaska's Native people is of primary
importance;
Whereas the passage of the Alaska Native Claims Settlement
Act in 1971 signaled a new era of economic opportunity for
Alaska Natives;
Whereas Alaska's Native people have made major
contributions to the vitality and success of Alaska as a
State;
Whereas the people of Alaska represent the pioneering
spirit that built this great Nation and contribute to our
cultural and ethnic diversity; and
Whereas the golden anniversary, on January 3, 2009,
provides an occasion to honor Alaska's entry into the Union:
Now, therefore, be it
Resolved, That the House of Representatives recognizes and
celebrates the 50th anniversary of the entry of Alaska into
the Union as the 49th State.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Davis) and the gentleman from Indiana (Mr. Burton) 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 myself such time as I
might consume.
Mr. Speaker, as a member of the House Committee on Oversight and
Government Reform, I'm pleased to join my colleagues in the
consideration of H. Res. 127 which recognizes the 50th anniversary of
the State of Alaska, and highlights its contributions to America's
economy and heritage.
H. Res. 127 was introduced by our colleague, Congressman Don Young of
Alaska, on February 5, 2007. On April 16, 2008, H. Res. 127 was
considered by and reported from the Oversight Committee by voice vote.
This measure has the support and cosponsorship of over 50 Members of
Congress, including all of the delegation from the State of Alaska.
On October 18, 1867, the Alaskan peninsula was purchased from Russia
and, in 1912, after major development during the Gold Rush era, Alaska
was granted territorial status.
Enshrined as the 49th State of the Union on January 3, 1959, Alaska
is commonly referred to as the last frontier. And the word Alaska,
which is derived from the indigenous Aleut language, means mainland or,
literally, the object towards which the action of the sea is directed.
Today, Alaska's economy is strong, with the third highest gross state
production out of any State of the Union. And since the issue of gas
was such a major point last week for my colleagues, I should also
mention that Alaska currently provides over 16 percent of the daily
crude oil production in the United States.
And so, Mr. Speaker, I thank the gentleman from Alaska (Mr. Young)
for sponsoring this measure. And given the 50th anniversary of Alaska
statehood, and the enormous contributions Alaska has given to our
Nation, and to the world, I urge passage of this legislation.
I reserve the balance of my time.
Mr. BURTON of Indiana. Mr. Speaker, I am very happy to yield such
time as he may consume to the sponsor of the bill, my good friend, the
gentleman from Alaska (Mr. Young).
Mr. YOUNG of Alaska. I do thank the ranking member, and I do thank my
chairman for cosponsoring this legislation and being supportive of it.
On July 7, that marks the 50th anniversary of the enactment of the
Alaska Statehood Act, as approved by the United States Congress and
signed by President Dwight D. Eisenhower.
{time} 1715
Alaska would officially be admitted as a State January 3, 1959.
I introduce H.R. 127 which commemorates this occasion to recognize
all of the people of Alaska who represent the pioneering spirit which
built this great Nation and contributes to our culture and ethnic
diversity.
Alaska is the most northern, most western, and most eastern State in
the Union and composing an area one-fifth the size of the United
States. And for all those trivia buffs out there, Alaska is roughly
2\1/2\ times the size of Texas.
Purchased from Russia in 1867 for $7.2 million, or 2 cents an acre,
after Congress had concluded its resources would be vitally important
to the Nation's future growth. At the time, the purchase was nicknamed
``Seward's folly'' because it was believed foolhardy to spend so much
money on a remote region. Secretary of State William Seward would have
the last laugh, though.
Alaska is the source of 16 percent of the daily crude oil in the
United States, has 44 percent of the country's undiscovered resources.
Alaska's 34,000 miles of shoreline form a gateway to one of the
greatest fisheries in the world, providing for 60 percent of the
country's commercial seafood harvest.
Alaska has 230 million acres set aside in national parks, wildlife
refuges, and national forests which are visited each
[[Page 11856]]
year by more than a million tourists. To give you some idea, Mr.
Speaker, the State of California has 103 million acres. We put aside
230 million acres for parks and national wildlife refuges. Forests add
to Alaska's beauty and provide a renewable economic resource with 28
million acres of commercial forests.
Alaska contains half of the Nation's coal reserves and its largest
silver and zinc mines. Glittering gold in Alaska's streams and
mountains still lures miners to work private claims. About 50 million
acres of soil in Alaska are suitable for farming. About 1 million acres
currently are in production.
I know that the people of Alaska will continue their commitment to
the preservation and protection of this great State, but they also want
to develop the resources. Alaskans are proud, strong, and independent
Americans who are not afraid to stand up for what they believe in, and
I'm honored and humbled to stand here today on their behalf as we again
recognize this great important date in U.S. history.
Mr. Speaker, may I suggest, right above you there is a plaque, placed
there in 1949; it says, Let us develop the resources of our land, call
forth its powers and build up its institutions, promote all its great
interests, and see whether we also in our day and generation may not
perform something worthy of being remembered. Daniel Webster. Let us
develop our resources.
Alaska has the key to the solution of many problems of this great
Nation, especially the energy crisis, and I ask this body as you
recognize the 50th anniversary of the great State of Alaska, recognize
what we can and what we have contributed to the Nation as a whole. As
the 49th State, we are proud and we are extremely excited with the
possibility to contribute more in the future. And I do urge my
colleagues to pass this resolution
I thank the gentleman, the chairman, and the ranking member.
Mr. DAVIS of Illinois. Mr. Speaker, I continue to reserve.
Mr. BURTON of Indiana. I yield myself such time as I may consume.
Mr. Speaker, in 1860, at the Wigwam Convention Center in Chicago,
Illinois, a man named William Seward marched around with his crowd of
supporters, and he got to the convention center too late because the
gallery was stacked with supporters for a guy named Abraham Lincoln. As
a result of his getting there a little bit too late on the third
ballot, Abraham Lincoln was nominated for President of the United
States, and Mr. Seward lost, and he was the favorite. He was the odds-
on favorite to be the Republican nominee for President and to be the
next President of the United States. Well, he lost, and it was a
crushing blow for him.
Yet, later on, Abraham Lincoln saw the qualities of William Seward,
and he appointed him his Secretary of State, and Secretary of State
Seward did an outstanding job in that capacity. The thing he did best,
in my opinion, was in making sure that the United States purchased
Alaska. He purchased Alaska for $7.2 million, and it was the best buy,
by far, of anything that this country has ever done. The resources that
are up there are just unbelievable.
A couple of years ago, I had the pleasure to go up to Alaska with
Representative Don Young, and I had a chance to see the vastness of it
and to realize the resources that are available to us up there. You
just couldn't believe it. We had a chance to see ANWR. We had a chance
to look at the Alaska Pipeline, and we could see what great potential
there is out of Alaska if we would just use our heads and go after
those resources.
One of the things that I don't understand and that, I think, the
American people don't understand is why the Democrats and the
Republicans in this body can't get together to start using our
resources to reduce the cost of fuel, gasoline and energy in this
country. As the gentleman from Alaska just said a few minutes ago, they
have the resources up there. We could get up to 2 million barrels of
oil a day out of the ANWR, and there may be more up there, and we could
do it in an environmentally safe way. It's two to three times the size
of Texas. If there were a spill up there--and of course I don't think
that would happen--it still wouldn't hurt the ecology as much as we are
suffering now under the energy pressure that the American people are
feeling at $4-plus a gallon of gas. We should drill in Alaska. We
should drill in the ANWR.
The Alaskan Senators and Congressmen want that done. They want those
resources brought to the surface. Yet, the opposition party--my good
friends over there like Danny Davis--won't let us drill in the ANWR. I
do not understand it. I just simply do not understand it. We are
drilling in Texas. We are drilling in Oklahoma. We are drilling in the
Gulf of Mexico. Yet, way up north in the ANWR we cannot drill. I just
do not understand it.
I wish my colleagues on the other side of the aisle who are
influenced so much by the environmental lobby would go out on the
street tomorrow morning at the gas stations and say, ``Hey, you're
paying $4.10 a gallon for gasoline. Would you mind if we drilled in the
ANWR?''
The first thing they'd say is probably, ``Where is the ANWR?''
Secondly, they'd say, ``Drill any place in the United States to get my
gas prices down.''
Now, the Democrats took over this place 2 years ago, and I have an
awful lot of friends on the other side of the aisle, and I love all you
guys, but since you took power, the price of gasoline has gone up $1.50
per gallon. Now, why don't we do something about that. Why don't we get
together, the Democrats and Republicans, and say, ``Okay. We are going
to drill in the ANWR in an environmentally safe way. We are going to
drill offshore on the Outer Continental Shelf in an environmentally
safe way. We are going to bring 4 million barrels of oil a day into
this country to reduce our dependency on Saudi Arabia and on Venezuela
and on Mexico and on other parts of the world so we can do what we
should have done 30 years ago, become energy-independent.''
Not only do we have the oil resources at our fingertips, but we have
about a 400- or 500-year supply of natural gas, and we're not exploring
that either. I will submit to you that there is probably a lot of
natural gas up in Alaska as well.
So I would just like to say to my colleagues that I'm here to support
Representative Young's resolution to congratulate Alaska on its 50th
anniversary of its being a State. It's a great acquisition for the
United States. It has a great Congressman and two great Senators.
As I close, I would just say to my colleagues: Let's get on with it.
The American people are tired of $4.50 and $4.10 a gallon for gasoline.
We have it in our country with coal shale, with oil and with natural
gas to become energy-independent. Yet, we're blocked every day, every
month, every year. I do not understand it.
So I'd like to say to my Democrat colleagues, who are good friends of
mine, since you took power, gasoline has gone up $1.50 per gallon.
Let's end that. Let's become energy-independent. We can look at the
other sources of energy while we're doing that. Other sources are very
important, too, and new technologies, but right now, we need oil and we
need gas. You guys need to help us.
Mr. Speaker, this resolution seeks to commemorate the 50th
anniversary of Alaska becoming a State. Our Nation's relationship with
this beautiful and resource rich land began on March 30th 1867.
On that date, Secretary of State, William Seward, entered into a
purchase agreement with the Russian Minister to the United States, for
$7.2 million dollars. In August of 1868, Secretary Seward said he did
not doubt ``that the political society to be constituted here, first as
a Territory, and ultimately as a State or many States, will prove a
worthy constituency of the Republic.''
These words could not have been more true. Alaska has indeed
contributed and more than proved its worth as part of our Nation; first
as a territory in 1912 and ultimately as our Nation's 49th state when
the official proclamation was signed by President Eisenhower on January
3rd 1959.
However, the road to statehood for Alaska was not one without
challenges.
Originally, a bill for statehood passed the House early in 1950,
however the bill died in
[[Page 11857]]
the Senate. It wasn't until January of 1958, that a statehood bill
ultimately passed both chambers and was signed by President Eisenhower.
It is well known that Alaska is home to some of our country's most
beautiful landmarks and landscapes including Mount McKinley and almost
34,000 miles of shoreline.
From the beginning, it was a land rich in many commodities useful at
those times--including minerals, timber, fur, and fish. Alaska was home
to the Klondike Gold Rush of 1897-98. Today, oil and natural gas serve
as the major exports of Alaska. The fishery is the second leading
source of export, and also serves as a significant source of livelihood
for Alaskans.
Today, another source of income that continues to grow is Alaska's
tourist industry. Any number of large cruise liners can be seen off the
coast of Alaska. And the Klondike Highway outside Skagway has beautiful
descents for avid mountain bikers. Visitors are drawn to the beautiful
views, wilderness, and the exciting adventures Alaska has to offer.
Of course, we couldn't talk about Alaska without mentioning one of
the most unique sporting events in the world--the annual Iditarod race.
Each year, individuals with a team of sled dogs cover a grueling 1,161
miles over a week to two week period from Willow to Nome, Alaska.
So to conclude, the State of Alaska is one that is rich in nature,
resources and most importantly in people and heritage.
For this reason, I ask my colleagues to support H. Res. 127
recognizing the State of Alaska's 50th Anniversary.
I yield back the balance of my time.
Mr. DAVIS of Illinois. Mr. Speaker, I continue to reserve.
Mr. BURTON of Indiana. If the gentleman is not yielding back, I will
reserve the balance of my time as well, Mr. Speaker.
Let me yield, then, to my colleague once again, my good buddy from
Alaska (Mr. Young).
Mr. YOUNG of Alaska. I thank the gentleman for yielding.
Mr. Speaker, I want to stress the importance of understanding the
supply side of energy. And we may not be able to lower the price,
ladies and gentleman, at the gas pump, but we can at least stabilize it
because if you think this is going to go down if we don't have a supply
side, you're badly mistaken.
We just saw something last week which shocked many people. We had a
jump of $11 a barrel in one night because of some action in the Middle
East. And that could affect us down the road where it's $137 a barrel,
$137 a barrel today. We predict it's going to go $200 a barrel if we
don't get the supply side moving.
I will tell you if we have one action on the floor of the House to
take and address the supply side, the price of a barrel of oil will
drop automatically $10 to $15 a barrel. It might go back up later on.
But it eliminates the speculation. It would show those that say we're
not doing anything as we have not done for 35 years after the pipeline
itself was built.
The Saudis, the Middle East, the OPEC countries will not increase
production when they can get $137 a barrel. Why would they? Ask
yourselves if you own something, why would you produce more to lower
the price?
The only way we can do this is to increase our domestic supply, not
only just oil, but all forms of fossil fuel and alternate forms of
energy. And as the gentleman from Indiana mentioned, if we do not do
that, we are not serving our constituents as we should.
It is the future of this Nation to allow the productions. Remember
the quote I had right above the seat of the Speaker: Let's develop our
resources.
As we celebrate this day, the 50th anniversary of the Alaska
Statehood by an action of Congress, that's all we ask. Let us develop
our resources. That's all I ask you now. Let us develop our resources
for the good of this Nation. That is our responsibility. This is not
politics. This is reality.
Again, for Mr. and Mrs. American, the price of oil and gasoline may
not drop dramatically, but it will drop and it will stabilize if we
address the supply side. If we do not, it will rise more, more, and
more. Not good for the nation. Not good for the future generations.
Mr. DAVIS of Illinois. Mr. Speaker, let me ask, did the gentleman
from Indiana yield back all of his time?
Mr. BURTON of Indiana. Mr. Speaker, I have no more speakers, and if
you would like, I would be happy to yield back.
Mr. DAVIS of Illinois. Mr. Speaker, in closing, let me thank both the
gentleman from Alaska and the gentleman from Indiana not only for their
support of the resolution to honor the State of Alaska, but I was also
pleased to hear them talk about the tremendous gas crisis that we have
in the country. I was pleased to note that the State of Illinois played
a role in the purchase of Alaska.
In terms of Secretary of State Seward, after he did not get the
Presidency, did in fact become Secretary of State and did in fact make
sure that we purchased Alaska. And, of course, that's a lesson for all
of us to know that you don't necessarily have to win the nomination for
President in order to do significant things afterwards. There is
certainly much work to be done.
But let me just mention that recently, Congress overwhelmingly passed
bipartisan legislation to temporarily suspend the oil purchases for the
Strategic Petroleum Reserve. As a result, the President was forced to
suspend shipments and sign the deal which he previously opposed.
Continuing to fill the SPR would take 70,000 barrels of oil off the
market each day even though the reserve is 97 percent full with enough
to meet our national security needs. We passed the farm bill that
contains in it biofuels, new methods of creating energy, new sources
from which energy can come.
And so there is movement, and I'm confident. Yes, we did become the
majority in both the House and the Senate in the last 2 years, and when
we get the other office, I have no doubt in my mind that we're going to
see great relief from the oil crisis.
I urge passage of this resolution.
I yield back the balance of our 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. 127.
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.
____________________
{time} 1730
GOVERNMENT ACCOUNTABILITY OFFICE ACT OF 2008
Mr. DAVIS of Illinois. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 5683) to make certain reforms with respect to the
Government Accountability Office, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5683
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Government
Accountability Office Act of 2008''.
(b) References.--Except as otherwise expressly provided,
whenever in this Act an amendment is expressed in terms of an
amendment to a section or other provision, the reference
shall be considered to be made to a section or other
provision of title 31, United States Code.
(c) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; references; table of contents.
Sec. 2. Provisions relating to future annual pay adjustments.
Sec. 3. Pay adjustment relating to certain previous years.
Sec. 4. Lump-sum payment for certain performance-based compensation.
Sec. 5. Inspector General.
Sec. 6. Reimbursement of audit costs.
Sec. 7. Financial disclosure requirements.
Sec. 8. Highest basic pay rate.
Sec. 9. Additional authorities.
[[Page 11858]]
SEC. 2. PROVISIONS RELATING TO FUTURE ANNUAL PAY ADJUSTMENTS.
(a) In General.--Section 732 is amended by adding at the
end the following:
``(j)(1) For purposes of this subsection--
``(A) the term `pay increase', as used with respect to an
officer or employee in connection with a year, means the
total increase in the rate of basic pay (expressed as a
percentage) of such officer or employee, taking effect under
section 731(b) and subsection (c)(3) in such year;
``(B) the term `required minimum percentage', as used with
respect to an officer or employee in connection with a year,
means the percentage equal to the total increase in rates of
basic pay (expressed as a percentage) taking effect under
sections 5303 and 5304-5304a of title 5 in such year with
respect to General Schedule positions within the pay locality
(as defined by section 5302(5) of title 5) in which the
position of such officer or employee is located;
``(C) the term `covered officer or employee', as used with
respect to a pay increase, means any individual--
``(i) who is an officer or employee of the Government
Accountability Office, other than an officer or employee
described in subparagraph (A), (B), or (C) of section 4(c)(1)
of the Government Accountability Office Act of 2008,
determined as of the effective date of such pay increase; and
``(ii) whose performance is at least at a satisfactory
level, as determined by the Comptroller General under the
provisions of subsection (c)(3) for purposes of the
adjustment taking effect under such provisions in such year;
and
``(D) the term `nonpermanent merit pay' means any amount
payable under section 731(b) which does not constitute basic
pay.
``(2)(A) Notwithstanding any other provision of this
chapter, if (disregarding this subsection) the pay increase
that would otherwise take effect with respect to a covered
officer or employee in a year would be less than the required
minimum percentage for such officer or employee in such year,
the Comptroller General shall provide for a further increase
in the rate of basic pay of such officer or employee.
``(B) The further increase under this subsection--
``(i) shall be equal to the amount necessary to make up for
the shortfall described in subparagraph (A); and
``(ii) shall take effect as of the same date as the pay
increase otherwise taking effect in such year.
``(C) Nothing in this paragraph shall be considered to
permit or require that a rate of basic pay be increased to an
amount inconsistent with the limitation set forth in
subsection (c)(2).
``(D) If (disregarding this subsection) the covered officer
or employee would also have received any nonpermanent merit
pay in such year, such nonpermanent merit pay shall be
decreased by an amount equal to the portion of such officer's
or employee's basic pay for such year which is attributable
to the further increase described in subparagraph (A) (as
determined by the Comptroller General), but to not less than
zero.
``(3) Notwithstanding any other provision of this chapter,
the effective date of any pay increase (within the meaning of
paragraph (1)(A)) taking effect with respect to a covered
officer or employee in any year shall be the same as the
effective date of any adjustment taking effect under section
5303 of title 5 with respect to statutory pay systems (as
defined by section 5302(1) of title 5) in such year.''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to any pay increase (as defined by
such amendment) taking effect on or after the date of the
enactment of this Act.
SEC. 3. PAY ADJUSTMENT RELATING TO CERTAIN PREVIOUS YEARS.
(a) Applicability.--This section applies in the case of any
individual who, as of the date of the enactment of this Act,
is an officer or employee of the Government Accountability
Office, excluding--
(1) an officer or employee described in subparagraph (A),
(B), or (C) of section 4(c)(1); and
(2) an officer or employee who received both a 2.6 percent
pay increase in January 2006 and a 2.4 percent pay increase
in February 2007.
(b) Pay Increase Defined.--For purposes of this section,
the term ``pay increase'', as used with respect to an officer
or employee in connection with a year, means the total
increase in the rate of basic pay (expressed as a percentage)
of such officer or employee, taking effect under sections
731(b) and 732(c)(3) of title 31, United States Code, in such
year.
(c) Prospective Effect.--Effective with respect to pay for
service performed in any pay period beginning after the end
of the 6-month period beginning on the date of the enactment
of this Act (or such earlier date as the Comptroller General
may specify), the rate of basic pay for each individual to
whom this section applies shall be determined as if such
individual had received both a 2.6 percent pay increase for
2006 and a 2.4 percent pay increase for 2007, subject to
subsection (e).
(d) Lump-Sum Payment.--Not later than 6 months after the
date of the enactment of this Act, the Comptroller General
shall, subject to the availability of appropriations, pay to
each individual to whom this section applies a lump-sum
payment. Subject to subsection (e), such lump-sum payment
shall be equal to--
(1) the total amount of basic pay that would have been paid
to the individual, for service performed during the period
beginning on the effective date of the pay increase for 2006
and ending on the day before the effective date of the pay
adjustment under subsection (c) (or, if earlier, the date on
which the individual retires or otherwise ceases to be
employed by the Government Accountability Office), if such
individual had received both a 2.6 percent pay increase for
2006 and a 2.4 percent pay increase for 2007, minus
(2) the total amount of basic pay that was in fact paid to
the individual for service performed during the period
described in paragraph (1).
Eligibility for a lump-sum payment under this subsection
shall be determined solely on the basis of whether an
individual satisfies the requirements of subsection (a) (to
be considered an individual to whom this section applies),
and without regard to such individual's employment status as
of any date following the date of the enactment of this Act
or any other factor.
(e) Conditions.--Nothing in subsection (c) or (d) shall be
considered to permit or require--
(1) the payment of any rate (or lump-sum amount based on a
rate) for any pay period, to the extent that such rate would
be (or would have been) inconsistent with the limitation that
applies (or that applied) with respect to such pay period
under section 732(c)(2) of title 31, United States Code; or
(2) the payment of any rate or amount based on the pay
increase for 2006 or 2007 (as the case may be), if--
(A) the performance of the officer or employee involved was
not at a satisfactory level, as determined by the Comptroller
General under paragraph (3) of section 732(c) of such title
31 for purposes of the adjustment under such paragraph for
that year; or
(B) the individual involved was not an officer or employee
of the Government Accountability Office on the date as of
which that increase took effect.
As used in paragraph (2)(A), the term ``satisfactory''
includes a rating of ``meets expectations'' (within the
meaning of the performance appraisal system used for purposes
of the adjustment under section 732(c)(3) of such title 31
for the year involved).
(f) Retirement.--
(1) In general.--The lump-sum payment paid under subsection
(d) to an officer or employee shall, for purposes of any
determination of the average pay (as defined by section 8331
or 8401 of title 5, United States Code) which is used to
compute an annuity under subchapter III of chapter 83 or
chapter 84 of such title--
(A) be treated as basic pay (as defined by section 8331 or
8401 of such title); and
(B) be allocated to the biweekly pay periods covered by
subsection (d).
(2) Contributions.--Notwithstanding section 8334, 8422,
8423, or any other provision of title 5, United States Code,
no employee or agency contribution shall be required for
purposes of this subsection.
(g) Exclusive Remedy.--This section constitutes the
exclusive remedy that any individuals to whom this section
applies (as described in subsection (a)) have for any claim
that they are owed any monies denied to them in the form of a
pay increase for 2006 or 2007 under section 732(c)(3) of
title 31, United States Code, or any other law.
Notwithstanding any other provision of law, no court or
administrative body, including the Government Accountability
Office Personnel Appeals Board, shall have jurisdiction to
entertain any civil action or other civil proceeding based on
the claim of such individuals that they were due money in the
form of a pay increase for 2006 or 2007 pursuant to such
section 732(c)(3) or any other law.
SEC. 4. LUMP-SUM PAYMENT FOR CERTAIN PERFORMANCE-BASED
COMPENSATION.
(a) In General.--Not later than 6 months after the date of
the enactment of this Act, the Comptroller General shall,
subject to the availability of appropriations, pay to each
qualified individual a lump-sum payment equal to the amount
of performance-based compensation such individual was denied
for 2006, as determined under subsection (b).
(b) Amount.--The amount payable to a qualified individual
under this section shall be equal to--
(1) the total amount of performance-based compensation such
individual would have earned for 2006 (determined by applying
the Government Accountability Office's performance-based
compensation system under GAO Orders 2540.3 and 2540.4, as in
effect in 2006) if such individual had not had a salary equal
to or greater than the maximum for such individual's band (as
further described in subsection (c)(2)), less
(2) the total amount of performance-based compensation such
individual was in fact granted, in January 2006, for that
year.
(c) Qualified Individual.--For purposes of this section,
the term ``qualified individual'' means an individual who--
[[Page 11859]]
(1) as of the date of the enactment of this Act, is an
officer or employee of the Government Accountability Office,
excluding--
(A) an individual holding a position subject to section
732a or 733 of title 31, United States Code (disregarding
section 732a(b) and 733(c) of such title);
(B) a Federal Wage System employee; and
(C) an individual participating in a development program
under which such individual receives performance appraisals,
and is eligible to receive permanent merit pay increases,
more than once a year; and
(2) as of January 22, 2006, was a Band I staff member with
a salary above the Band I cap, a Band IIA staff member with a
salary above the Band IIA cap, or an administrative
professional or support staff member with a salary above the
cap for that individual's pay band (determined in accordance
with the orders cited in subsection (b)(1)).
(d) Exclusive Remedy.--This section constitutes the
exclusive remedy that any officers and employees (as
described in subsection (c)) have for any claim that they are
owed any monies denied to them in the form of merit pay for
2006 under section 731(b) of title 31, United States Code, or
any other law. Notwithstanding any other provision of law, no
court or administrative body in the United States, including
the Government Accountability Office Personnel Appeals Board,
shall have jurisdiction to entertain any civil action or
other civil proceeding based on the claim of such officers or
employees that they were due money in the form of merit pay
for 2006 pursuant to such section 731(b) or any other law.
(e) Definitions.--For purposes of this section--
(1) the term ``performance-based compensation'' has the
meaning given such term under the Government Accountability
Office's performance-based compensation system under GAO
Orders 2540.3 and 2540.4, as in effect in 2006; and
(2) the term ``permanent merit pay increase'' means an
increase under section 731(b) of title 31, United States
Code, in a rate of basic pay.
SEC. 5. INSPECTOR GENERAL.
(a) In General.--Subchapter I of chapter 7 is amended by
adding at the end the following:
``Sec. 705. Inspector General for the Government
Accountability Office
``(a) Establishment of Office.--There is established an
Office of the Inspector General in the Government
Accountability Office, to--
``(1) conduct and supervise audits consistent with
generally accepted government auditing standards and
investigations relating to the Government Accountability
Office;
``(2) provide leadership and coordination and recommend
policies, to promote economy, efficiency, and effectiveness
in the Government Accountability Office; and
``(3) keep the Comptroller General and Congress fully and
currently informed concerning fraud and other serious
problems, abuses, and deficiencies relating to the
administration of programs and operations of the Government
Accountability Office.
``(b) Appointment, Supervision, and Removal.--
``(1) The Office of the Inspector General shall be headed
by an Inspector General, who shall be appointed by the
Comptroller General without regard to political affiliation
and solely on the basis of integrity and demonstrated ability
in accounting, auditing, financial analysis, law, management
analysis, public administration, or investigations. The
Inspector General shall report to, and be under the general
supervision of, the Comptroller General.
``(2) The Inspector General may be removed from office by
the Comptroller General. The Comptroller General shall,
promptly upon such removal, communicate in writing the
reasons for any such removal to each House of Congress.
``(3) The Inspector General shall be paid at an annual rate
of pay equal to $5,000 less than the annual rate of pay of
the Comptroller General, and may not receive any cash award
or bonus, including any award under chapter 45 of title 5.
``(c) Authority of Inspector General.--In addition to the
authority otherwise provided by this section, the Inspector
General, in carrying out the provisions of this section,
may--
``(1) have access to all records, reports, audits, reviews,
documents, papers, recommendations, or other material that
relate to programs and operations of the Government
Accountability Office;
``(2) make such investigations and reports relating to the
administration of the programs and operations of the
Government Accountability Office as are, in the judgment of
the Inspector General, necessary or desirable;
``(3) request such documents and information as may be
necessary for carrying out the duties and responsibilities
provided by this section from any Federal agency;
``(4) in the performance of the functions assigned by this
section, obtain all information, documents, reports, answers,
records, accounts, papers, and other data and documentary
evidence from a person not in the United States Government or
from a Federal agency, to the same extent and in the same
manner as the Comptroller General under the authority and
procedures available to the Comptroller General in section
716 of this title;
``(5) administer to or take from any person an oath,
affirmation, or affidavit, whenever necessary in the
performance of the functions assigned by this section, which
oath, affirmation, or affidavit when administered or taken by
or before an employee of the Office of Inspector General
designated by the Inspector General shall have the same force
and effect as if administered or taken by or before an
officer having a seal;
``(6) have direct and prompt access to the Comptroller
General when necessary for any purpose pertaining to the
performance of functions and responsibilities under this
section;
``(7) report expeditiously to the Attorney General whenever
the Inspector General has reasonable grounds to believe there
has been a violation of Federal criminal law; and
``(8) provide copies of all reports to the Audit Advisory
Committee of the Government Accountability Office and provide
such additional information in connection with such reports
as is requested by the Committee.
``(d) Complaints by Employees.--
``(1) The Inspector General--
``(A) subject to subparagraph (B), may receive, review, and
investigate, as the Inspector General considers appropriate,
complaints or information from an employee of the Government
Accountability Office concerning the possible existence of an
activity constituting a violation of any law, rule, or
regulation, mismanagement, or a gross waste of funds; and
``(B) shall refer complaints or information concerning
violations of personnel law, rules, or regulations to
established investigative and adjudicative entities of the
Government Accountability Office.
``(2) The Inspector General shall not, after receipt of a
complaint or information from an employee, disclose the
identity of the employee without the consent of the employee,
unless the Inspector General determines such disclosure is
unavoidable during the course of the investigation.
``(3) Any employee who has authority to take, direct others
to take, recommend, or approve any personnel action, shall
not, with respect to such authority, take or threaten to take
any action against any employee as a reprisal for making a
complaint or disclosing information to the Inspector General,
unless the complaint was made or the information disclosed
with the knowledge that it was false or with willful
disregard for its truth or falsity.
``(e) Semiannual Reports.--(1) The Inspector General shall
submit semiannual reports summarizing the activities of the
Office of the Inspector General to the Comptroller General.
Such reports shall include, but need not be limited to--
``(A) a summary of each significant report made during the
reporting period, including a description of significant
problems, abuses, and deficiencies disclosed by such report;
``(B) a description of the recommendations for corrective
action made with respect to significant problems, abuses, or
deficiencies described pursuant to subparagraph (A);
``(C) a summary of the progress made in implementing such
corrective action described pursuant to subparagraph (B); and
``(D) information concerning any disagreement the
Comptroller General has with a recommendation of the
Inspector General.
``(2) The Comptroller General shall transmit the semiannual
reports of the Inspector General, together with any comments
the Comptroller General considers appropriate, to Congress
within 30 days after receipt of such reports.
``(f) Independence in Carrying Out Duties and
Responsibilities.--The Comptroller General may not prevent or
prohibit the Inspector General from carrying out any of the
duties or responsibilities of the Inspector General under
this section.
``(g) Authority for Staff.--
``(1) In general.--The Inspector General shall select,
appoint, and employ such personnel as may be necessary to
carry out this section consistent with the provisions of this
title governing selections, appointments, and employment in
the Government Accountability Office. Such personnel shall be
appointed, promoted, and assigned only on the basis of merit
and fitness, but without regard to those provisions of title
5 governing appointments and other personnel actions in the
competitive service, except that no personnel of the Office
may be paid at an annual rate greater than $1,000 less than
the annual rate of pay of the Inspector General.
``(2) Experts and consultants.--The Inspector General may
procure temporary and intermittent services under section
3109 of title 5 at rates not to exceed the daily equivalent
of the annual rate of basic pay for level V of the Executive
Schedule under section 5315 of such title.
``(3) Independence in appointing staff.--No individual may
carry out any of the duties or responsibilities of the Office
of the Inspector General unless the individual is appointed
by the Inspector General, or provides services obtained by
the Inspector General, pursuant to this paragraph.
[[Page 11860]]
``(4) Limitation on program responsibilities.--The
Inspector General and any individual carrying out any of the
duties or responsibilities of the Office of the Inspector
General are prohibited from performing any program
responsibilities.
``(h) Office Space.--The Comptroller General shall provide
the Office of the Inspector General--
``(1) appropriate and adequate office space;
``(2) such equipment, office supplies, and communications
facilities and services as may be necessary for the operation
of the Office of the Inspector General;
``(3) necessary maintenance services for such office space,
equipment, office supplies, and communications facilities;
and
``(4) equipment and facilities located in such office
space.
``(i) Definition.--As used in this section, the term
`Federal agency' means a department, agency, instrumentality,
or unit thereof, of the Federal Government.''.
(b) Incumbent.--The individual who serves in the position
of Inspector General of the Government Accountability Office
on the date of the enactment of this Act shall continue to
serve in such position subject to removal in accordance with
the amendments made by this section.
(c) Clerical Amendment.--The table of sections for chapter
7 is amended by inserting after the item relating to section
704 the following:
``705. Inspector General for the Government Accountability Office.''.
SEC. 6. REIMBURSEMENT OF AUDIT COSTS.
(a) In General.--Section 3521 is amended by adding at the
end the following:
``(i)(1) If the Government Accountability Office audits any
financial statement or related schedule which is prepared
under section 3515 by an executive agency (or component
thereof) for a fiscal year beginning on or after October 1,
2009, such executive agency (or component) shall reimburse
the Government Accountability Office for the cost of such
audit if--
``(A) the statement or schedule audited is that of an
executive agency (or component) which submitted a financial
statement or related schedule under section 3515 for fiscal
year 2007 which was audited by the Government Accountability
Office; or
``(B) the reason for the audit (described in the matter
before subparagraph (A)) is because of the Comptroller
General's determination of materiality to the statements
required under section 331(e).
``(2) Any executive agency (or component thereof) that
prepares a financial statement under section 3515 for a
fiscal year beginning on or after October 1, 2009, and that
requests the Government Accountability Office to audit such
statement or any related schedule may reimburse the
Government Accountability Office for the cost of such audit.
``(3) Any reimbursement under paragraph (1) or (2) shall be
deposited to a special account in the Treasury and shall be
available to the Government Accountability Office for such
purposes and in such amounts as are specified in annual
appropriations Acts.''.
(b) Conforming Amendment.--Section 1401 of title I of
Public Law 108-83 (31 U.S.C. 3523 note) is repealed,
effective October 1, 2010.
SEC. 7. FINANCIAL DISCLOSURE REQUIREMENTS.
Section 109(13)(B) of the Ethics in Government Act of 1978
(5 U.S.C. App.) is amended--
(1) in clause (i), by inserting ``(except any officer or
employee of the Government Accountability Office)'' after
``legislative branch'', and by striking ``and'' at the end;
(2) by redesignating clause (ii) as clause (iii); and
(3) by inserting after clause (i) the following:
``(ii) each officer or employee of the Government
Accountability Office who, for at least 60 consecutive days,
occupies a position for which the rate of basic pay, minus
the amount of locality pay that would have been authorized
under section 5304 of title 5, United States Code (had the
officer or employee been paid under the General Schedule) for
the locality within which the position of such officer or
employee is located (as determined by the Comptroller
General), is equal to or greater than 120 percent of the
minimum rate of basic pay payable for GS-15 of the General
Schedule; and''.
SEC. 8. HIGHEST BASIC PAY RATE.
Section 732(c)(2) is amended by striking ``highest basic
rate for GS-15;'' and inserting ``rate for level III of the
Executive Level, except that the total amount of cash
compensation in any year shall be subject to the limitations
provided under section 5307(a)(1) of title 5;''.
SEC. 9. ADDITIONAL AUTHORITIES.
(a) In General.--Section 731 is amended--
(1) by repealing subsection (d);
(2) in subsection (e)--
(A) in the matter before paragraph (1), by striking
``maximum daily rate for GS-18 under section 5332 of such
title'' and inserting ``daily rate for level IV of the
Executive Schedule''; and
(B) by striking ``more than--'' and all that follows and
inserting the following: ``more than 20 experts and
consultants may be procured for terms of not more than 3
years, but which shall be renewable.''; and
(3) by adding at the end the following:
``(j) Funds appropriated to the Government Accountability
Office for salaries and expenses are available for meals and
other related reasonable expenses incurred in connection with
recruitment.''.
(b) Conforming Amendments.--(1) Section 732a(b) is amended
by striking ``section 731(d), (e)(1), or (e)(2)'' and
inserting ``paragraph (1) or (2) of section 731(e)''.
(2) Section 733(c) is amended by striking ``(d),''.
(3) Section 735(a) is amended by striking ``731(c)-(e),''
and inserting ``731(c) and (e),''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Davis) and the gentleman from Indiana (Mr. Burton) 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. Now, Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, today is a triumphant day for the employees of the
Government Accountability Office, known as GAO. When enacted, the
Government Accountability Office Act of 2008 will allow GAO to regain
its footing as an agency that not only touts that its employees are the
best and the brightest but treats them as if they are the best and the
brightest.
On April 2, after a 2-year investigation and several subcommittee
hearings, I introduced H.R. 5683, which would restore the 2006 and 2007
annual across-the-board increase to GAO employees who met expectations
but did not receive the adjustment.
The legislation would also set a floor guarantee that would preserve
GAO's performance-based compensation system, while ensuring that GAO
employees receive an annual increase in their permanent pay, provided
they meet expectations, that is at least equal to the congressionally
approved across-the-board increase. The floor guarantee will be
comprised of the annual adjustment to the GAO pay schedule, plus the
permanent merit pay increase received by an employee under GAO's merit
pay system.
Other provisions in the bill include creating a statutory Inspector
General for GAO, providing GAO with enhanced recruiting tools, and
eliminating the statutorily imposed GS-15 pay cap to allow the
Comptroller General the authority to pay employees up to the rate for
Executive Level III.
At a hearing the subcommittee held on March 23, 2008, on this
legislation and GAO's personnel reforms, the subcommittee learned from
the Ivy Planning Group, a consulting firm hired by GAO to conduct an
African American Performance Assessment Study at GAO, that there are
significant differences between the ratings for African American
analysts and Caucasian analysts. Therefore, the personnel reform at GAO
had a significant negative impact on African American staffers.
Furthermore, a survey that was administered to GAO employees at my
request found that 81 percent of respondents thought morale in general
at GAO is worse or much worse than before the reforms, and a majority
of the respondents felt that not having an across-the- board increase
for all staff is very or somewhat unreasonable. While the subcommittee
recognizes that more work needs to be done at GAO, H.R. 5683 would help
improve the morale and remedy the inequities that resulted from the
denial of the 2006 and 2007 across-the-board pay adjustments.
The bill before us, H.R. 5683 as amended, makes some technical
changes to the bill as reported by the committee. Unfortunately, it
also deletes a provision included at the request of Ranking Member Tom
Davis due to concerns about the cost as reported by the Congressional
Budget Office. The provision would have allowed GAO to include bonuses
when calculating an employee's annuity, a position I support in
principle and which we will hopefully be able to address as this bill
moves forward in the legislative process.
The bill, as amended, also deletes provisions which would have given
[[Page 11861]]
GAO the ability to administer oaths, and guaranteed GAO's access to
certain Medicare and FDA information. In addition, it modifies a
provision which would allow GAO to recover the costs of financial
statement audits it conducts for other agencies.
And so, Mr. Speaker, I hope that my colleagues will join the
Government Accountability Office and the International Federation of
Professional and Technical Engineers and support this legislation.
I reserve the balance of my time.
Mr. BURTON of Indiana. Mr. Speaker, I yield myself such time as I may
consume.
I think, Mr. Speaker, Danny Davis did a great job in explaining this
piece of legislation; so I won't be redundant in going over the same
details he just covered.
I will say, last week this bill was scheduled for consideration, but
it was pulled because of opposition to a number of contentious
provisions added to the legislation such as the explicit authority for
GAO to access Medicare part D pricing and rebate information and
pharmaceutical trade secret information. Those provisions are not
included in the bill today, and so there is no real problem with it.
I congratulate Danny Davis on his presentation.
Mr. Speaker, I rise today to speak on H.R. 5683, the Government
Accountability Office Act of 2008.
Last July, the Government Accountability Office submitted to Congress
a legislative proposal to make a number of largely non-controversial
changes to GAO's authorizing statutes.
That proposal and the bill we are taking up today, for example, would
make statutory GAO's inspector general, and it would authorize GAO to
be reimbursed for conducting financial statement audits of Federal
agencies.
In addition, H.R. 5683 attempts to resolve a longstanding pay dispute
between GAO and some of its employees. Hopefully, this bill will allow
stakeholders to put the dispute to rest and move forward.
Mr. Speaker, H.R. 5683 was originally scheduled for floor
consideration last week but was pulled from the schedule because of
opposition to a number of contentious provisions added to the
legislation such as the explicit authority for GAO to access Medicare
Part D pricing and rebate information and pharmaceutical trade secret
information. These provisions are not included in the bill we are
taking up today.
In addition, there were a number of objections to the bill raised by
the White House. It is my understanding these objections have been
addressed in the version of H.R. 5683 before us today.
I appreciate the majority's willingness to remove the contentious
provisions so we can move forward with this bill, and I urge my
colleagues' support.
I yield back the balance of our time.
Mr. DAVIS of Illinois. Mr. Speaker, to close, let me, first of all,
thank the gentleman from Indiana, and also I'm pleased to note the
level of sensitivity that exists within our committee, and when the
other side came up with some issues and concerns, the committee was
able to respond to those, and of course, the bill has, in fact, been
altered. We're very pleased to know that we have their support.
We also want to take this opportunity, Mr. Speaker, to express
appreciation to staffs on both sides of the aisle who worked extremely
hard on this legislation and helped us shape it to the point where we
think it is going to do an effective job for the employees of the
Government Accountability Office.
Especially do I want to thank my staff director in the Subcommittee
on the Federal Workforce and not only do we want to thank her, but we
know that she's going to be leaving us for a little bit. And at the end
of the week, she is going to spend a little bit of time at home and
perhaps in the hospital, not very much, but delivering a new voter for
the United States of America. And she tells me that in all likelihood
it will be a Democrat, and so we congratulate her and her husband and
wish them well, and thank her again for her tremendous work.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support
of H.R. 5683, the Government Accountability Office Act of 2008,
introduced by my distinguished colleague from Illinois, Representative
Danny K. Davis. This important legislation will improve the oversight,
administration, and pay adjustment mechanisms at the Government
Accountability Office.
As highlighted by Mr. Davis, the former Comptroller General
emphasized that Federal agencies should have ``modern, effective,
credible, and, as appropriate, validated performance management systems
in place with adequate safeguards, including reasonable transparency
and appropriate accountability mechanisms, to ensure fairness and
prevent politicalization and abuse.'' I have been an outspoken advocate
for improved inner governmental mechanisms that would allow for more
fluid movement of information, equity, and the adherence to clear fair
processes. H.R. 5683 is imperative to ensure that we as lawmakers are
working responsibly to meet the needs of our constituents.
Some of the safeguards recommended by the Government Accountability
Office, GAO, include a performance management system that makes
meaningful distinctions in individual employee performance; involves
employees and stakeholders in designing the system; and achieves
consistency, equity and nondiscrimination. Over the last 2 years, the
Committee on Oversight and Government Reform has conducted oversight,
and has also investigated the implementation of GAO's new personnel
system to determine if it meets the aforesaid criteria. This
investigation revealed that it did not meet the criteria. In addition,
based on its investigation the committee concluded that, contrary to
legislative intent, GAO employees who met and exceeded expectations in
2006 and 2007, sadly, did not receive the annual across-the-board
increase that other GAO employees received. This important legislation
would restore the 2006 and 2007 annual across-the-board increase to GAO
employees who met expectations but did not receive the adjustment. It
would also put into place a ``floor guarantee'' that would preserve
GAO's performance-based compensation system, while ensuring that GAO
employees receive an annual increase in their permanent pay, provided
they ``meet expectations,'' that is at least equal to the
congressionally approved across-the-board increase.
The floor guarantee will be comprised of the annual adjustment to the
GAO pay schedule plus the permanent merit pay increase received by an
employee under GAO's merit pay system. This bill also establishes an
Office of the Inspector General in GAO, who shall report semiannually
to the Comptroller General to ensure that GAO is operating on one
accord and is putting forth its best effort in implementing H.R. 5683.
While I recognize that there are additional improvements that need to
be made, this legislation will help improve the morale at GAO and
remedy the inequities that resulted from the denial of the 2006
increase and the across-the-board adjustments.
This legislation is imperative to change certain pay practices,
compensate employees for certain past practices, and increase salary
payments to some GAO employees. It would also increase the cap on
employees pay. This bill will expand the types of pay that are included
in retirement benefit calculations. H.R. 5683 contains no inter-
governmental or private sector mandated mandates as defined in the
Unfunded Mandates Reform Act, UMRA, and would not affect the budgets of
States, local or tribunal governments.
I urge my colleagues to join me in supporting this important
legislation.
Mr. DAVIS of Illinois. We yield back the balance of our 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. 5683, 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.
____________________
DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY INDEPENDENCE
PRESERVATION ACT
Mr. DAVIS of Illinois. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 5778) to preserve the independence of the District
of Columbia Water and Sewer Authority, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5778
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page 11862]]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Water
and Sewer Authority Independence Preservation Act''.
SEC. 2. ENSURING INDEPENDENCE OF CHIEF FINANCIAL OFFICER OF
DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY.
(a) Clarification of Inapplicability of 2005 Omnibus
Authorization Provision.--The District of Columbia Home Rule
Act is amended--
(1) by redesignating the section 424 added by section
202(a)(1) of the 2005 District of Columbia Omnibus
Authorization Act (Public Law 109-356; 120 Stat. 2036) as
section 424a; and
(2) in section 424a, as so redesignated, by adding at the
end the following new subsection:
``(e) Inapplicability to Water and Sewer Authority.--The
authority of the Chief Financial Officer under this section
does not apply to personnel of the District of Columbia Water
and Sewer Authority established pursuant to the Water and
Sewer Authority Establishment and Department of Public Works
Reorganization Act of 1996.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the 2005
District of Columbia Omnibus Authorization Act.
SEC. 3. PRESERVING EXISTING INDEPENDENCE OF DISTRICT OF
COLUMBIA WATER AND SEWER AUTHORITY.
(a) In General.--Part F of title IV of the District of
Columbia Home Rule Act (sec. 1-204.91 et seq., D.C. Official
Code) is amended--
(1) by amending the heading of such part to read as
follows: ``Part F--Independent Agencies and Authorities'';
and
(2) by adding at the end the following new section:
``independent financial management, personnel, and procurement
authority of district of columbia water and sewer authority
``Sec. 496. (a) Financial Management, Personnel, and
Procurement Authority.--Notwithstanding any other provision
of this Act or any District of Columbia law, the financial
management, personnel, and procurement functions and
responsibilities of the District of Columbia Water and Sewer
Authority shall be established exclusively pursuant to rules
and regulations adopted by its Board of Directors. Nothing in
the previous sentence may be construed to affect the
application to the District of Columbia Water and Sewer
Authority of sections 445A, 451(d), 453(c), or 490(g).
``(b) Consistency With Existing Authorizing Law.--The rules
and regulations adopted by the Board of Directors of the
District of Columbia Water and Sewer Authority to establish
the financial management, personnel, and procurement
functions and responsibilities of the Authority shall be
consistent with the Water and Sewer Authority Establishment
and Department of Public Works Reorganization Act of 1996, as
such Act is in effect as of January 1, 2008.''.
(b) Clerical Amendments.--(1) The table of contents of such
Act is amended by amending the item relating to part F of
title IV to read as follows:
``Part F--Independent Agencies and Authorities''.
(2) The table of contents of such Act is further amended by
adding at the end of the items relating to part F of title IV
the following:
``Sec. 496. Independent financial management, personnel, and
procurement authority of District of Columbia Water and
Sewer Authority.''.
SEC. 4. PRESERVING EQUAL ELIGIBILITY OF RESIDENTS OF
JURISDICTIONS SERVED BY DISTRICT OF COLUMBIA
WATER AND SEWER AUTHORITY TO SERVE AS EMPLOYEES
OF AUTHORITY.
(a) In General.--Section 213 of D.C. Act 17-172 is
repealed, and each provision of law amended by such section
is restored as if such section had not been enacted into law.
(b) Effective Date.--Subsection (a) shall take effect as if
included in the enactment of D.C. Act 17-172.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Davis) and the gentleman from Indiana (Mr. Burton) 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 now yield myself such time as I
might consume.
As a member of the House Committee on Oversight and Government
Reform, I'd like to present for consideration H.R. 5778, the District
of Columbia Water and Sewer Authority Independence Preservation Act,
which clarifies the original intent of previously enacted legislation
establishing an independent water and wastewater utility agency for the
national capital region.
H.R. 5778 was originally introduced by Representatives Chris Van
Hollen and Tom Davis April 10, 2008, and was discharged from the
Oversight Committee on June 6, 2008. As chair of the House Subcommittee
on Federal Workforce, Postal Service, and the District of Columbia, I
convened a hearing to discuss the merits of this legislation before us
on April 15, 2008, where we learned that the bill had the support of
the various regional localities that are served by the authority.
The District of Columbia Water and Sewer Authority, also known as
D.C. WASA, was created in 1996 through congressional and local
government action which was intended to establish an independent
regional utility agency that would be responsible for providing
drinking water and wastewater treatment services to the District of
Columbia and wholesale wastewater treatment services to certain
Maryland and Virginia suburban jurisdictions.
Before the enactment of a series of WASA-related statutes, the agency
experienced a grave financial and serious operational difficulties.
However, I am happy to report that ever since the agency was
restructured back in the late 1990s, WASA has made significant progress
in carrying out its statutory mandate of providing retail drinking
water distribution, wastewater collection, and wastewater treatment
services to over 2 million Washington metropolitan regional customers,
of which the Federal Government is included.
H.R. 5778 clarifies the original intent of the applicable statutes
concerning WASA's Board's responsibilities, including the financial
management, personnel, procurement, and all other operations of the
authority. A recent amendment to the bill will help to ensure that the
residents and employees of the applicable jurisdictions are eligible
for employment with WASA under the same terms and conditions.
And so, Mr. Speaker, as a regional partner, it is important that we
continue to show our commitment to strengthening and assisting WASA in
its efforts to upgrade and improve the agency's operations, equipment,
and long-term functionality. H.R. 5778 is an important step in that
direction. Therefore, I urge its adoption.
I reserve the balance of my time.
Mr. BURTON of Indiana. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, as my colleague just said, the District of Columbia
Water and Sewer Authority Independence Preservation Act is very
important.
H.R. 5778 would amend the D.C. Home Rule Act to clarify that the
chief financial officer of the District of Columbia does not have
authority over the District of Columbia Water and Sewer Authority, or
WASA. WASA is a regional entity, funded by rate payers living in D.C.,
Maryland, and Virginia. Under current Federal law, however, WASA's
finances are under the jurisdiction of the D.C. chief financial
officer.
A memorandum of understanding has been in place between WASA and the
District of Columbia CFO for many years stating that the CFO would not
exercise its authority over WASA. However, it was recently determined
that such a memorandum was not legally enforceable and that Federal law
needed to be changed in order to make the previous agreement
enforceable.
{time} 1745
The purpose of H.R. 5778 is to codify in Federal statute the Water
and Sewage Authority's financial independence from the District.
And with that, Mr. Speaker, I yield back the balance of my time.
Mr. DAVIS of Illinois. Mr. Speaker, we have no further requests for
time and no further speakers.
I want to thank the gentleman from Indiana for his support and thank
the entire committee for its support. I urge passage of this
resolution.
[[Page 11863]]
Mr. DAVIS of Virginia. Mr. Speaker, I rise today in support of H.R.
5778, the District of Columbia Water and Sewer Authority Independence
Preservation Act. Representative Van Hollen and I introduced this
legislation to reaffirm the independence of the District of Columbia
Water and Sewer Authority.
H.R. 5778 would amend the D.C. Home Rule Act to clarify that the
District of Columbia Water and Sewer Authority, or WASA, is an
independent agency with financial authority independent from the
District of Columbia. After all, WASA is a regional entity, funded by
ratepayers living in D.C., Maryland and Virginia.
In October 2000, Congress approved the conference report for the
FY2001 District of Columbia appropriations, which contained language
regarding the functions and responsibilities of the District of
Columbia Chief Financial Officer.
At that time, I engaged in a colloquy on the floor with then Chairman
of the District of Columbia Appropriations Subcommittee Ernest Istook
to clarify that the amendments to the CFO's responsibility's did not
infringe upon the financial independence of the District of Columbia
Water and Sewer Authority. Subsequently, a memorandum of understanding
was signed between WASA and the District's CFO at the time Anthony
Williams stating that the CFO would not exercise its authority over
WASA.
However, it was recently determined that such a memorandum was not
legally enforceable and that Federal law needed to be changed in order
to make the previous agreement enforceable.
Therefore, the purpose of H.R. 5778 is to codify in Federal statute
the Water and Sewer Authority's financial independence from the
District.
Mr. Speaker, I urge my colleagues to support passage of this
legislation.
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. 5778, 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.
____________________
REFORM OF MUTUAL AID AGREEMENTS FOR THE NATIONAL CAPITAL REGION
Mr. DAVIS of Illinois. Mr. Speaker, I move to suspend the rules and
pass the Senate bill (S. 1245) to reform mutual aid agreements for the
National Capital Region.
The Clerk read the title of the Senate bill.
The text of the Senate bill is as follows:
S. 1245
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REFORM OF MUTUAL AID AGREEMENTS FOR THE NATIONAL
CAPITAL REGION.
Section 7302 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 5196 note) is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``, including its agents
or authorized volunteers,''; and
(B) in paragraph (5), by striking ``or town'' and all that
follows and inserting ``town, or other governmental agency,
governmental authority, or governmental institution with the
power to sue or be sued in its own name, within the National
Capital Region.'';
(2) in subsection (b)(1), in the matter preceding
subparagraph (A), by striking ``, the Washington Metropolitan
Area Transit Authority, the Metropolitan Washington Airports
Authority, and any other governmental agency or authority'';
and
(3) in subsection (d), by striking ``or employees'' each
place that term appears and inserting ``, employees, or
agents''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Davis) and the gentleman from Indiana (Mr. Burton) 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 myself such time as I may
consume.
Mr. Speaker, as a member of the House Committee on Oversight and
Government Reform, I join my colleagues in the consideration of S.
1245, which will make some minor but much needed changes to the mutual
aid agreements authorized by the Intelligence Reform and Terrorism
Prevention Act of 2004 for the governments of the National Capital
Region.
S. 1249 was received by the House on December 13, 2007 after being
passed under unanimous consent by the Senate. The measure is authored
by Senator Ben Cardin of Maryland and is supported by the members of
the National Capital Region, which includes the District of Columbia
and surrounding local jurisdictions in Maryland and Virginia that are
also part of the Metropolitan Washington Council of Governments. The
legislative changes enacted by this measure are also backed by the
State of Maryland and the Commonwealth of Virginia.
S. 1249 addresses and authorizes changes to two aspects of the
original legislation. For starters, the measure adds a special purpose
governmental authority category to be included as part of the area's
mutual aid agreement. This newly created category will permit such
entities as the Metropolitan Washington Airport Authority, the
Washington Metropolitan Area Transit Authority and the District of
Columbia Water and Sewer Authority to participate in the mutual aid
agreement during the event of an emergency.
Secondly, S. 1245 grants the regional members of the mutual aid
agreement additional flexibility in developing an exhaustive list of
employees and authorized volunteers who will be committed to respond to
a disaster on behalf of the various independent authorities and State
or local governments.
Instead of having to keep a running tally of each individual employee
or person participating in the agreement, S. 1245 will allow each of
the overarching authorities to keep track of their own participants.
This bill authorizes the former inclusion of volunteer entities, such
as incorporated volunteer fire companies, to be covered under the
mutual aid agreement.
So Mr. Speaker, since it is vitally important that we in the National
Capital Region are prepared and ready to respond in the event of a
major emergency or disaster, it is incumbent upon us that we pass S.
1245.
I urge my colleagues to join me in supporting this measure.
Mr. Speaker, I reserve the balance of my time.
Mr. BURTON of Indiana. Mr. Speaker, I rise today to speak on S. 1245,
legislation to reform mutual aid agreements for the National Capital
Region.
This legislation was introduced by Senators Cardin, Warner, Mikulski,
and Webb last July and passed by the Senate in December by unanimous
consent.
Under current law, the Federal Government is authorized to enter into
mutual aid agreements with State and local governments in the National
Capital Region in order to allow the various jurisdictions to cooperate
in the event of an emergency without risk of liability for the acts or
omissions of their employees while rendering aid.
Senate bill 1245 would further state that entities such as the
Metropolitan Washington Airport Authority, the Water and Sewer
Authority and the Washington Metropolitan Area Transit Authority would
be authorized to enter into these mutual aid agreements as well.
The goal here is to ensure that emergency response personnel in the
National Capital Region are able to coordinate as closely as possible
in the event of an emergency. Hopefully this legislation helps us to
move closer in that direction.
And before I yield back my time, since I've covered that subject, I
just want to say to my colleagues on the other side, for whom I have
the greatest respect, tomorrow morning, when you get up and you get out
of bed and you go to the office here on Capitol
[[Page 11864]]
Hill, stop by one of the gas stations on the way in and watch some
people pumping gas at $4 plus per gallon. And just walk up to them--and
you don't need to tell them you're a Congressman or a Senator or
anything else, just walk up to them and say, what do you think about
the gas prices? And they're going to say, they're horrible; Congress
has to do something about it. And then say, would you object if we
drilled in the ANWR to get oil to reduce your gasoline prices? Would
you object if we drilled off the Continental Shelf to get another
couple million barrels of oil a day to reduce your gas prices and your
energy costs? Would you object if we drilled in some of the forests
that we have, national forests where we could get 400 or 500 years of
natural gas out? Would you object to that? Would you object if we
considered more nuclear reactors to produce electricity for this
country so we can lower the price of energy and, in effect, end up
lowering the price of gasoline and other fuel products as well? You
know what they're going to say? They're going to say what the national
polls have already shown; 80 percent plus are for drilling and getting
oil out of our country and our resources out of the ground. That's what
the American people want.
I want to point out one more thing, because I respect all my
colleagues on the other side of the aisle. When you first took over the
Congress 2 years ago, one of the things that was said by you and
Speaker Pelosi was that we were going to do something about the energy
crisis and we were going to stem the tide to the growth in the cost of
fuel, gasoline, and other energy products. Now it's gone up over 50
percent. It's now $4 plus. And it was $2.50 lower than that just 2
years ago.
It's time that we as Republicans and Democrats work together. The
American people want that. It's time that we work together to lower the
price of gasoline and other energy products. And we can do that by
drilling in the ANWR, drilling off the Continental Shelf, drilling in
our national forests where we can get natural gas, which is a clean
burning fuel. And if we just start doing that, and at the same time
look at other energy sources, new sources that are nonpollutants, we
would be in great shape. Incidentally, we also have about two trillion
barrels of oil in oil shale.
Let me just say to my colleagues that I hope that you will take heed
to what I've said today. The American people want lower gas prices. We
have it within our power to start drilling where we can get gas out of
this country, natural gas, oil, and other things. Just tell the
American people what you think and ask them what they think. And
they're going to say ``Drill in America.'' You can do it in an
environmentally safe way.
With that, Mr. Speaker, I yield back the balance of my time.
Mr. DAVIS of Illinois. Mr. Speaker, I want to thank my colleague from
Indiana for the opportunity to spend as much time with him as we have
spent this afternoon. I also want to commend him for his advocacy,
especially the effort to get down the price of gasoline.
I have no lack of confidence in our ability to make that happen,
especially when I think of the efforts that have been put forth to
produce more energy-efficient automobiles, to make sure that we're not
polluting our environment as much. And I think those people that I
would come into contact with would say to me, you know, if we start
drilling right now all over the place, the prices are going to be the
same next week, they're going to be the same next month.
They want some relief that is as immediate--and I don't really have
to come to Washington because they stop me in Chicago, where we pay
more than anybody else in the country. And so I want to thank the
gentleman for his comments and urge passage of this legislation.
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 Senate bill, S. 1245.
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.
____________________
RECESS
The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the
Chair declares the House in recess until approximately 6:30 p.m. today.
Accordingly (at 5 o'clock and 56 minutes p.m.), the House stood in
recess until approximately 6:30 p.m.
____________________
{time} 1830
AFTER RECESS
The recess having expired, the House was called to order by the
Speaker pro tempore (Ms. Hirono) at 6 o'clock and 30 minutes p.m.
____________________
REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 6003,
PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT OF 2008
Mr. HASTINGS of Florida, from the Committee on Rules, submitted a
privileged report (Rept. No. 110-703) on the resolution (H. Res. 1253)
providing for consideration of the bill (H.R. 6003) to reauthorize
Amtrak, and for other purposes, which was referred to the House
Calendar and ordered to be printed.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings
will resume on motions to suspend the rules previously postponed.
Votes will be taken in the following order:
H. Res. 1225, by the yeas and nays;
H. Res. 1243, by the yeas and nays;
H. Res. 127, 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.
____________________
NATIONAL SAFETY 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. 1225,
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 Kentucky (Mr. Yarmuth) that the House suspend the rules
and agree to the resolution, H. Res. 1225.
The vote was taken by electronic device, and there were--yeas 379,
nays 0, not voting 54, as follows:
[Roll No. 388]
YEAS--379
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (NY)
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
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Cardoza
Carney
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
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
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Flake
Forbes
Fortenberry
Foster
Foxx
[[Page 11865]]
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Gutierrez
Hall (NY)
Hall (TX)
Hastings (FL)
Hayes
Heller
Hensarling
Herger
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Honda
Hoyer
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Jordan
Kagen
Kanjorski
Keller
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)
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Linder
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Manzullo
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Mitchell
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Pallone
Pastor
Paul
Payne
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tauscher
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
Watson
Watt
Waxman
Welch (VT)
Weldon (FL)
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--54
Barrett (SC)
Bishop (GA)
Bishop (UT)
Buyer
Capuano
Carnahan
Costello
Cubin
Davis (AL)
Ehlers
Filner
Fossella
Gilchrest
Gillibrand
Grijalva
Hare
Harman
Hastings (WA)
Herseth Sandlin
Holden
Holt
Hooley
Hulshof
Jefferson
Kaptur
Kennedy
Latham
Lewis (KY)
Lipinski
Lucas
Maloney (NY)
Marchant
McDermott
Meek (FL)
Miller, George
Mollohan
Myrick
Ortiz
Pascrell
Pearce
Regula
Rohrabacher
Rush
Souder
Space
Tancredo
Tanner
Taylor
Terry
Udall (NM)
Waters
Weiner
Weller
Wilson (SC)
{time} 1856
So (two-thirds being in the affirmative) the rules were suspended and
the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. FILNER. Madam Speaker, on rollcall 388, I was unable to vote
because I away from the Capitol region in my capacity as Chairman of
the Veterans Affairs Committee. Had I been present, I would have voted
``yea.''
____________________
FATHER'S DAY RESOLUTION
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and agree to the resolution, H. Res. 1243,
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 Kentucky (Mr. Yarmuth) that the House suspend the rules
and agree to the resolution, H. Res. 1243.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 373,
nays 0, not voting 60, as follows:
[Roll No. 389]
YEAS--373
Abercrombie
Ackerman
Aderholt
Akin
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berry
Biggert
Bilbray
Bilirakis
Bishop (NY)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Cardoza
Carney
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
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
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Flake
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Gutierrez
Hall (NY)
Hall (TX)
Hastings (FL)
Hayes
Heller
Hensarling
Herger
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Honda
Hoyer
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson (IL)
Johnson, Sam
Jones (NC)
Jones (OH)
Jordan
Kagen
Kanjorski
Keller
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)
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Linder
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Manzullo
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McGovern
McHenry
McHugh
McIntyre
McMorris Rodgers
McNerney
McNulty
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Musgrave
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Pallone
Pastor
Paul
Payne
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Rehberg
Reichert
Renzi
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tauscher
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
Watson
Watt
Waxman
Welch (VT)
Weldon (FL)
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--60
Alexander
Barrett (SC)
Berman
Bishop (GA)
Bishop (UT)
Brady (TX)
[[Page 11866]]
Buyer
Capuano
Carnahan
Costello
Cubin
Davis (AL)
Ehlers
Filner
Fossella
Gilchrest
Gillibrand
Grijalva
Hare
Harman
Hastings (WA)
Herseth Sandlin
Holden
Holt
Hooley
Hulshof
Jefferson
Johnson, E. B.
Kaptur
Kennedy
Latham
Lewis (KY)
Lipinski
Lucas
Maloney (NY)
Marchant
McDermott
McKeon
Meek (FL)
Mollohan
Murtha
Myrick
Ortiz
Pascrell
Pearce
Regula
Reyes
Rohrabacher
Rush
Souder
Space
Tancredo
Tanner
Taylor
Terry
Udall (NM)
Waters
Weiner
Weller
Wilson (SC)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes left
on this vote.
{time} 1903
So (two-thirds being in the affirmative) the rules were suspended and
the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. FILNER. Madam Speaker, on rollcall 389, I was unable to vote
because I was away from the Capitol region in my capacity as Chairman
of the Veterans Affairs Committee. Had I been present, I would have
voted ``yea.''
____________________
50TH ANNIVERSARY OF ALASKA AS THE 49TH STATE
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and agree to the resolution, H. Res. 127,
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. 127.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 375,
nays 0, not voting 58, as follows:
[Roll No. 390]
YEAS--375
Abercrombie
Ackerman
Aderholt
Akin
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (NY)
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
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Cardoza
Carney
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
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
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Flake
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Gutierrez
Hall (NY)
Hall (TX)
Hastings (FL)
Hayes
Heller
Hensarling
Herger
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Honda
Hoyer
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Jordan
Kagen
Kanjorski
Keller
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)
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Linder
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Manzullo
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Musgrave
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Pallone
Pastor
Paul
Payne
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tauscher
Thompson (CA)
Thompson (MS)
Thornberry
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (CO)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Watson
Watt
Waxman
Welch (VT)
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--58
Alexander
Barrett (SC)
Bishop (GA)
Bishop (UT)
Buyer
Capuano
Carnahan
Costello
Cubin
Davis (AL)
Ehlers
Filner
Fossella
Gilchrest
Gillibrand
Grijalva
Hare
Harman
Hastings (WA)
Herseth Sandlin
Holden
Holt
Hooley
Hulshof
Jefferson
Kaptur
Kennedy
Latham
Lewis (KY)
Lipinski
Lucas
Maloney (NY)
Marchant
McDermott
Meek (FL)
Mollohan
Murtha
Myrick
Ortiz
Pascrell
Pearce
Regula
Rohrabacher
Rush
Souder
Space
Speier
Tancredo
Tanner
Taylor
Terry
Tiahrt
Udall (NM)
Waters
Weiner
Weldon (FL)
Weller
Wilson (SC)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining on this vote.
{time} 1911
So (two-thirds being in the affirmative) the rules were suspended and
the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. FILNER. Madam Speaker, on rollcall 390, I was unable to vote
because I was away from the Capitol region in my capacity as Chairman
of the Veterans Affairs Committee. Had I been present, I would have
voted ``yea.''
____________________
NOTICE OF INTENTION TO OFFER RESOLUTION RAISING A QUESTION OF THE
PRIVILEGES OF THE HOUSE
Mr. KUCINICH. Madam Speaker, pursuant to clause 2 of rule IX, I rise
to give notice of my intent to raise a question of the privileges of
the House.
The form of the resolution is as follows:
Resolved, That President George W. Bush be impeached for
high crimes and misdemeanors, and that the following articles
of impeachment be exhibited to the United States Senate:
Articles of impeachment exhibited by the House of
Representatives of the United States of America in the name
of itself and of the people of the United States of America,
in maintenance and support of its impeachment against
President George W. Bush for high crimes and misdemeanors.
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty to take care that the
laws be faithfully executed, has committed the following
abuses of power.
[[Page 11867]]
ARTICLE I.--CREATING A SECRET PROPAGANDA CAMPAIGN TO MANUFACTURE A
FALSE CASE FOR WAR AGAINST IRAQ
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, together with the Vice
President, illegally spent public dollars on a secret
propaganda program to manufacture a false cause for war
against Iraq.
The Department of Defense (DOD) has engaged in a years-long
secret domestic propaganda campaign to promote the invasion
and occupation of Iraq. This secret program was defended by
the White House Press Secretary following its exposure. This
program follows the pattern of crimes detailed in Article I,
II, IV and VIII.. The mission of this program placed it
within the field controlled by the White House Iraq Group
(WHIG), a White House task-force formed in August 2002 to
market an invasion of Iraq to the American people. The group
included Karl Rove, I. Lewis Libby, Condoleezza Rice, Karen
Hughes, Mary Matalin, Stephen Hadley, Nicholas E. Calio, and
James R. Wilkinson.
The WHIG produced white papers detailing so-called
intelligence of Iraq's nuclear threat that later proved to be
false. This supposed intelligence included the claim that
Iraq had sought uranium from Niger as well as the claim that
the high strength aluminum tubes Iraq purchased from China
were to be used for the sole purpose of building centrifuges
to enrich uranium. Unlike the National Intelligence Estimate
of 2002, the WHIG's white papers provided ``gripping images
and stories'' and used ``literary license'' with
intelligence. The WHIG's white papers were written at the
same time and by the same people as speeches and talking
points prepared for President Bush and some of his top
officials.
The WHIG also organized a media blitz in which, between
September 7-8, 2002, President Bush and his top advisers
appeared on numerous interviews and all provided similarly
gripping images about the possibility of nuclear attack by
Iraq. The timing was no coincidence, as Andrew Card explained
in an interview regarding waiting until after Labor Day to
try to sell the American people on military action against
Iraq, ``From a marketing point of view, you don't introduce
new products in August.''
September 7-8, 2002:
NBC's ``Meet the Press: Vice President Cheney accused
Saddam of moving aggressively to develop nuclear weapons over
the past 14 months to add to his stockpile of chemical and
biological arms.
CNN: Then-National Security Adviser Rice said, regarding
the likelihood of Iraq obtaining a nuclear weapon, ``We don't
want the smoking gun to be a mushroom cloud.''
CBS: President Bush declared that Saddam was ``six months
away from developing a weapon,'' and cited satellite photos
of construction in Iraq where weapons inspectors once visited
as evidence that Saddam was trying to develop nuclear arms.
The Pentagon military analyst propaganda program was
revealed in an April 20, 2002, New York Times article. The
program illegally involved ``covert attempts to mold opinion
through the undisclosed use of third parties.'' Secretary of
Defense Donald Rumsfeld recruited 75 retired military
officers and gave them talking points to deliver on Fox, CNN,
ABC, NBC, CBS, and MSNBC, and according to the New York Times
report, which has not been disputed by the Pentagon or the
White House, ``Participants were instructed not to quote
their briefers directly or otherwise describe their contacts
with the Pentagon.''
According to the Pentagon's own internal documents, the
military analysts were considered ``message force
multipliers'' or ``surrogates'' who would deliver
administration ``themes and messages'' to millions of
Americans ``in the form of their own opinions.'' In fact,
they did deliver the themes and the messages but did not
reveal that the Pentagon had provided them with their talking
points. Robert S. Bevelacqua, a retired Green Beret and Fox
News military analyst described this as follows: ``It was
them saying, `We need to stick our hands up your back and
move your mouth for you.'''
Congress has restricted annual appropriations bills since
1951 with this language: ``No part of any appropriation
contained in this or any other Act shall be used for
publicity or propaganda purposes within the United States not
heretofore authorized by the Congress.''
A March 21, 2005, report by the Congressional Research
Service states that ``publicity or propaganda'' is defined by
the U.S. Government Accountability Office (GAO) to mean
either (1) self-aggrandizement by public officials, (2)
purely partisan activity, or (3) ``covert propaganda.''
These concerns about ``covert propaganda'' were also the
basis for the GAO's standard for determining when government-
funded video news releases are illegal:
``The failure of an agency to identify itself as the source
of a prepackaged news story misleads the viewing public by
encouraging the viewing audience to believe that the
broadcasting news organization developed the information. The
prepackaged news stories are purposefully designed to be
indistinguishable from news segments broadcast to the public.
When the television viewing public does not know that the
stories they watched on television news programs about the
government were in fact prepared by the government, the
stories are, in this sense, no longer purely factual--the
essential fact of attribution is missing.''
The White House's own Office of Legal Council stated in a
memorandum written in 2005 following the controversy over the
Armstrong Williams scandal:
``Over the years, GAO has interpreted `publicity or
propaganda' restrictions to preclude use of appropriated
funds for, among other things, so-called 'covert propaganda.'
. . . Consistent with that view, the OLC determined in 1988
that a statutory prohibition on using appropriated funds for
`publicity or propaganda' precluded undisclosed agency
funding of advocacy by third-party groups. We stated that
`covert attempts to mold opinion through the undisclosed use
of third parties' would run afoul of restrictions on using
appropriated funds for `propaganda.'''
Asked about the Pentagon's propaganda program at White
House press briefing in April 2008, White House Press
Secretary Dana Perino defended it, not by arguing that it was
legal but by suggesting that it ``should'' be: ``Look, I
didn't know look, I think that you guys should take a step
back and look at this look, DOD has made a decision, they've
decided to stop this program. But I would say that one of the
things that we try to do in the administration is get
information out to a variety of people so that everybody else
can call them and ask their opinion about something. And I
don't think that that should be against the law. And I think
that it's absolutely appropriate to provide information to
people who are seeking it and are going to be providing their
opinions on it. It doesn't necessarily mean that all of those
military analysts ever agreed with the administration. I
think you can go back and look and think that a lot of their
analysis was pretty tough on the administration. That doesn't
mean that we shouldn't talk to people.''
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article II.--FALSELY, SYSTEMATICALLY, AND WITH CRIMINAL INTENT
CONFLATING THE ATTACKS OF SEPTEMBER 11, 2001 WITH MISREPRESENTATION OF
IRAQ AS AN IMMINENT SECURITY THREAT AS PART OF A FRAUDULENT
JUSTIFICATION FOR A WAR OF AGGRESSION.
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, together with the Vice
President, executed a calculated and wide-ranging strategy to
deceive the citizens and Congress of the United States into
believing that there was and is a connection between Iraq and
Saddam Hussein on the one hand, and the attacks of September
11, 2001 and al Qaeda, on the other hand, so as to falsely
justify the use of the United States Armed Forces against the
nation of Iraq in a manner that is damaging to the national
security interests of the United States, as well as to
fraudulently obtain and maintain congressional authorization
and funding for the use of such military force against Iraq,
thereby interfering with and obstructing Congress's lawful
functions of overseeing foreign affairs and declaring war.
The means used to implement this deception were and
continue to be, first, allowing, authorizing and sanctioning
the manipulation of intelligence analysis by those under his
direction and control, including the Vice President and the
Vice President's agents, and second, personally making, or
causing, authorizing and allowing to be made through highly-
placed subordinates, including the President's Chief of
Staff, the White House Press Secretary and other White House
spokespersons, the Secretaries of State and Defense, the
National Security Advisor, and their deputies and
spokespersons, false and fraudulent representations to the
citizens of the United States and Congress regarding an
alleged connection between Saddam Hussein and Iraq, on the
one hand, and the September 11th attacks and al Qaeda, on the
other hand, that were half-true, literally true but
misleading, and/or made without a reasonable basis and with
reckless indifference to their truth, as well as omitting to
state facts necessary to present an accurate picture of the
truth as follows:
[[Page 11868]]
(A) On or about September 12, 2001, former terrorism
advisor Richard Clarke personally informed the President that
neither Saddam Hussein nor Iraq was responsible for the
September 11th attacks. On September 18, Clarke submitted to
the President's National Security Adviser Condoleezza Rice a
memo he had written in response to George W. Bush's specific
request that stated: (1) the case for linking Hussein to the
September 11th attacks was weak; (2) only anecdotal evidence
linked Hussein to al Qaeda; (3) Osama Bin Laden resented the
secularism of Saddam Hussein; and (4) there was no confirmed
reporting of Saddam Hussein cooperating with Bin Laden on
unconventional weapons.
(B) Ten days after the September 11th attacks the President
received a President's Daily Briefing which indicated that
the U.S. intelligence community had no evidence linking
Saddam Hussein to the September 11th attacks and that there
was ``scant credible evidence that Iraq had any significant
collaborative ties with Al Qaeda.''
(C) In Defense Intelligence Terrorism Summary No. 044-02,
issued in February 2002, the United States Defense
Intelligence Agency cast significant doubt on the possibility
of a Saddam Hussein-Al Qaeda conspiracy: ``Saddam's regime is
intensely secular and is wary of Islamic revolutionary
movements. Moreover, Baghdad is unlikely to provide
assistance to a group it cannot control.''
(D) The October 2002 National Intelligence Estimate gave a
``Low Confidence'' rating to the notion of whether ``in
desperation Saddam would share chemical or biological weapons
with Al Qaeda.'' The CIA never informed the President that
there was an operational relationship between Al Qaeda and
Saddam Hussein; on the contrary, its most ``aggressive''
analysis contained in Iraq and al-Qaeda-Interpreting a
``Murky Relationship'' dated June 21, 2002 was that Iraq had
had ``sporadic, wary contacts with al Qaeda since the mid-
1990s rather than a relationship with al Qaeda that has
developed over time.''
(E) Notwithstanding his knowledge that neither Saddam
Hussein nor Iraq was in any way connected to the September
11th attacks, the President allowed and authorized those
acting under his direction and control, including Vice
President Richard B. Cheney and Lewis Libby, who reported
directly to both the President and the Vice President, and
Secretary of Defense Donald Rumsfeld, among others, to
pressure intelligence analysts to alter their assessments and
to create special units outside of, and unknown to, the
intelligence community in order to secretly obtain unreliable
information, to manufacture intelligence or reinterpret raw
data in ways that would further the Bush administration's
goal of fraudulently establishing a relationship not only
between Iraq and al Qaeda, but between Iraq and the attacks
of September 11th.
(F) Further, despite his full awareness that Iraq and
Saddam Hussein had no relationship to the September 11th
attacks, the President, and those acting under his direction
and control have, since at least 2002 and continuing to the
present, repeatedly issued public statements deliberately
worded to mislead, words calculated in their implication to
bring unrelated actors and circumstances into an artificially
contrived reality thereby facilitating the systematic
deception of Congress and the American people. Thus the
public and some members of Congress, came to believe,
falsely, that there was a connection between Iraq and the
attacks of 9/11. This was accomplished through well-
publicized statements by the Bush Administration which
contrived to continually tie Iraq and 9/11 in the same
statements of grave concern without making an explicit
charge:
(1) `` [If] Iraq regimes [sic] continues to defy us, and
the world, we will move deliberately, yet decisively, to hold
Iraq to account . . . It's a new world we're in. We used to
think two oceans could separate us from an enemy. On that
tragic day, September the 11th, 2001, we found out that's not
the case. We found out this great land of liberty and of
freedom and of justice is vulnerable. And therefore we must
do everything we can--everything we can--to secure the
homeland, to make us safe.'' Speech of President Bush in Iowa
on September 16, 2002.
(2) ``With every step the Iraqi regime takes toward gaining
and deploying the most terrible weapons, our own options to
confront that regime will narrow. And if an emboldened regime
were to supply these weapons to terrorist allies, then the
attacks of September 11th would be a prelude to far greater
horrors.'' March 6, 2003, Statement of President Bush in
National Press Conference.
(3) ``The battle of Iraq is one victory in a war on terror
that began on September the 11, 2001--and still goes on. That
terrible morning, 19 evil men--the shock troops of a hateful
ideology--gave America and the civilized world a glimpse of
their ambitions. They imagined, in the words of one
terrorist, that September the 11th would be the `beginning of
the end of America.' By seeking to turn our cities into
killing fields, terrorists and their allies believed that
they could destroy this nation's resolve, and force our
retreat from the world. They have failed.'' May 1, 2003,
Speech of President Bush on U.S.S. Abraham Lincoln.
(4) ``Now we're in a new and unprecedented war against
violent Islamic extremists. This is an ideological conflict
we face against murderers and killers who try to impose their
will. These are the people that attacked us on September the
11th and killed nearly 3,000 people. The stakes are high, and
once again, we have had to change our strategic thinking. The
major battleground in this war is Iraq.'' June 28, 2007,
Speech of President Bush at the Naval War College in Newport,
Rhode Island.
(G) Notwithstanding his knowledge that there was no
credible evidence of a working relationship between Saddam
Hussein and Al Qaeda and that the intelligence community had
specifically assessed that there was no such operational
relationship, the President, both personally and through his
subordinates and agents, has repeatedly falsely represented,
both explicitly and implicitly, and through the misleading
use of selectively-chosen facts, to the citizens of the
United States and to the Congress that there was and is such
an ongoing operational relationship, to wit:
(1) ``We know that Iraq and al Qaeda have had high-level
contacts that go back a decade. Some al Qaeda leaders who
fled Afghanistan went to Iraq. These include one very senior
al Qaeda leader who received medical treatment in Baghdad
this year, and who has been associated with planning for
chemical and biological attacks. We've learned that Iraq has
trained al Qaeda members in bomb-making and poisons and
deadly gases.'' September 28, 2002, Weekly Radio Address of
President Bush to the Nation.
(2) ``[W]e we need to think about Saddam Hussein using al
Qaeda to do his dirty work, to not leave fingerprints
behind.'' October 14, 2002, Remarks by President Bush in
Michigan.
(3) ``We know he's got ties with al Qaeda.'' November 1,
2002, Speech of President Bush in New Hampshire.
(4) ``Evidence from intelligence sources, secret
communications, and statements by people now in custody
reveal that Saddam Hussein aids and protects terrorists,
including members of al Qaeda. Secretly, and without
fingerprints, he could provide one of his hidden weapons to
terrorists, or help them develop their own.'' January 28,
2003, President Bush's State of the Union Address.
(5) ``[W]hat I want to bring to your attention today is the
potentially much more sinister nexus between Iraq and the al
Qaeda terrorist network, a nexus that combines classic
terrorist organizations and modern methods of murder. Iraq
today harbors a deadly terrorist network. . .'' February 5,
2003, Speech of Former Secretary of State Colin Powell to the
United Nations.
(6) ``The battle of Iraq is one victory in a war on terror
that began on September the 11, 2001--and still goes on. . .
. [T]he liberation of Iraq . . . removed an ally of al
Qaeda.'' May 1, 2003, Speech of President Bush on U.S.S.
Abraham Lincoln.
(H) The Senate Select Committee on Intelligence Report on
Whether Public Statements Regarding Iraq By U.S. Government
Officials Were Substantiated By Intelligence Information,
which was released on June 5, 2008, concluded that:
(1) ``Statements and implications by the President and
Secretary of State suggesting that Iraq and al-Qaeda had a
partnership, or that Iraq had provided al-Qaeda with weapons
training, were not substantiated by the intelligence.''
(2) ``The Intelligence Community did not confirm that
Muhammad Atta met an Iraqi intelligence officer in Prague in
2001 as the Vice President repeatedly claimed.''
Through his participation and instance in the breathtaking
scope of this deception, the President has used the highest
office of trust to wage of campaign of deception of such
sophistication as to deliberately subvert the national
security interests of the United States. His dishonesty set
the stage for the loss of more than 4000 United States
service members; injuries to tens of thousands of soldiers,
the loss of more than 1,000,000 innocent Iraqi citizens since
the United States invasion; the loss of approximately $527
billion in war costs which has increased our Federal debt and
the ultimate expenditure of three to five trillion dollars
for all costs covering the war; the loss of military
readiness within the United States Armed Services due to
overextension, the lack of training and lack of equipment;
the loss of United States credibility in world affairs; and
the decades of likely blowback created by the invasion of
Iraq.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article III.--MISLEADING THE AMERICAN PEOPLE AND MEMBERS OF CONGRESS TO
BELIEVE IRAQ POSSESSED WEAPONS OF MASS DESTRUCTION, SO AS TO
MANUFACTURE A FALSE CASE FOR WAR
In his conduct while President of the United States, George
W. Bush, in violation
[[Page 11869]]
of his constitutional oath to faithfully execute the office
of President of the United States and, to the best of his
ability, preserve, protect, and defend the Constitution of
the United States, and in violation of his constitutional
duty under Article II, Section 3 of the Constitution ``to
take care that the laws be faithfully executed'', has both
personally and acting through his agents and subordinates,
together with the Vice President, executed instead a
calculated and wide-ranging strategy to deceive the citizens
and Congress of the United States into believing that the
nation of Iraq possessed weapons of mass destruction in order
to justify the use of the United States Armed Forces against
the nation of Iraq in a manner damaging to our national
security interests, thereby interfering with and obstructing
Congress's lawful functions of overseeing foreign affairs and
declaring war.
The means used to implement this deception were and
continue to be personally making, or causing, authorizing and
allowing to be made through highly-placed subordinates,
including the President's Chief of Staff, the White House
Press Secretary and other White House spokespersons, the
Secretaries of State and Defense, the National Security
Advisor, and their deputies and spokespersons, false and
fraudulent representations to the citizens of the United
States and Congress regarding Iraq's alleged possession of
biological, chemical and nuclear weapons that were half-true,
literally true but misleading, and/or made without a
reasonable basis and with reckless indifference to their
truth, as well as omitting to state facts necessary to
present an accurate picture of the truth as follows:
(A) Long before the March 19, 2003 invasion of Iraq, a
wealth of intelligence informed the President and those under
his direction and control that Iraq's stockpiles of chemical
and biological weapons had been destroyed well before 1998
and that there was little, if any, credible intelligence that
showed otherwise. As reported in the Washington Post in March
of 2003, in 1995, Saddam Hussein's son-in-law Hussein Kamel
had informed U.S. and British intelligence officers that
``all weapons--biological, chemical, missile, nuclear were
destroyed.'' In September 2002, the Defense Intelligence
Agency issued a report that concluded: ``A substantial amount
of Iraq's chemical warfare agents, precursors, munitions and
production equipment were destroyed between 1991 and 1998 as
a result of Operation Desert Storm and UNSCOM actions . . .
[T]here is no reliable information on whether Iraq is
producing and stockpiling chemical weapons or whether Iraq
has-or will-establish its chemical warfare agent production
facilities.'' Notwithstanding the absence of evidence proving
that such stockpiles existed and in direct contradiction to
substantial evidence that showed they did not exist, the
President and his subordinates and agents made numerous false
representations claiming with certainty that Iraq possessed
chemical and biological weapons that it was developing to use
to attack the United States, to wit:
(1) ``[T]he notion of a Saddam Hussein with his great oil
wealth, with his inventory that he already has of biological
and chemical weapons . . . is, I think, a frightening
proposition for anybody who thinks about it.'' Statement of
Vice President Cheney on CBS's Face the Nation, March 24,
2002.
(2) ``In defiance of the United Nations, Iraq has
stockpiled biological and chemical weapons, and is rebuilding
the facilities used to make more of those weapons.'' Speech
of President Bush, October 5, 2002.
(3) ``All the world has now seen the footage of an Iraqi
Mirage aircraft with a fuel tank modified to spray biological
agents over wide areas. Iraq has developed spray devices that
could be used on unmanned aerial vehicles with ranges far
beyond what is permitted by the Security Council. A UAV
launched from a vessel off the American coast could reach
hundreds of miles inland.'' Statement by President Bush from
the White House, February 6, 2003.
(B) Despite overwhelming intelligence in the form of
statements and reports filed by and on behalf of the CIA, the
State Department and the IAEA, among others, which indicated
that the claim was untrue, the President, and those under his
direction and control, made numerous representations claiming
and implying through misleading language that Iraq was
attempting to purchase uranium from Niger in order to falsely
buttress its argument that Iraq was reconstituting its
nuclear weapons program, including:
(1) ``The regime has the scientists and facilities to build
nuclear weapons, and is seeking the materials needed to do
so.'' Statement of President Bush from White House, October
2, 2002.
(2) ``The [Iraqi] report also failed to deal with issues
which have arisen since 1998, including: . . . attempts to
acquire uranium and the means to enrich it.'' Letter from
President Bush to Vice President Cheney and the Senate,
January 20, 2003.
(3) ``The British Government has learned that Saddam
Hussein recently sought significant quantities of uranium
from Africa.'' President Bush Delivers State of the Union
Address, January 28, 2003.
(C) Despite overwhelming evidence in the form of reports by
nuclear weapons experts from the Energy, the Defense and
State Departments, as well from outside and international
agencies which assessed that aluminum tubes the Iraqis were
purchasing were not suitable for nuclear centrifuge use and
were, on the contrary, identical to ones used in rockets
already being manufactured by the Iraqis, the President, and
those under his direction and control, persisted in making
numerous false and fraudulent representations implying and
stating explicitly that the Iraqis were purchasing the tubes
for use in a nuclear weapons program, to wit:
(1) ``We do know that there have been shipments going . . .
into Iraq . . . of aluminum tubes that really are only suited
to--high-quality aluminum tools [sic] that are only really
suited for nuclear weapons programs, centrifuge programs.''
Statement of then National Security Advisor Condoleezza Rice
on CNN's Late Edition with Wolf Blitzer, September 8, 2002.
(2) ``Our intelligence sources tell us that he has
attempted to purchase high-strength aluminum tubes suitable
for nuclear weapons production.'' President Bush's State of
the Union Address, January 28, 2003.
(3) ``[H]e has made repeated covert attempts to acquire
high-specification aluminum tubes from 11 different
countries, even after inspections resumed. . . . By now, just
about everyone has heard of these tubes and we all know that
there are differences of opinion. There is controversy about
what these tubes are for. Most US experts think they are
intended to serve as rotors in centrifuges used to enrich
uranium.'' Speech of Former Secretary of State Colin Powell
to the United Nations, February 5, 2003.
(D) The President, both personally and acting through those
under his direction and control, suppressed material
information, selectively declassified information for the
improper purposes of retaliating against a whistleblower and
presenting a misleading picture of the alleged threat from
Iraq, facilitated the exposure of the identity of a covert
CIA operative and thereafter not only failed to investigate
the improper leaks of classified information from within his
administration, but also failed to cooperate with an
investigation into possible federal violations resulting from
this activity and, finally, entirely undermined the
prosecution by commuting the sentence of Lewis Libby citing
false and insubstantial grounds, all in an effort to prevent
Congress and the citizens of the United States from
discovering the fraudulent nature of the President's claimed
justifications for the invasion of Iraq.
(E) The Senate Select Committee on Intelligence Report on
Whether Public Statements Regarding Iraq By U.S. Government
Officials Were Substantiated By Intelligence Information,
which was released on June 5, 2008, concluded that:
(1) ``Statements by the President and Vice President prior
to the October 2002 National Intelligence Estimate regarding
Iraq's chemical weapons production capability and activities
did not reflect the intelligence community's uncertainties as
to whether such production was ongoing.''
(2) ``The Secretary of Defense's statement that the Iraqi
government operated underground WMD facilities that were not
vulnerable to conventional airstrikes because they were
underground and deeply buried was not substantiated by
available intelligence information.''
(3) Chairman of the Senate Intelligence Committee Jay
Rockefeller concluded: ``In making the case for war, the
Administration repeatedly presented intelligence as fact when
in reality it was unsubstantiated, contradicted, or even non-
existent. As a result, the American people were led to
believe that the threat from Iraq was much greater than
actually existed.''
The President has subverted the national security interests
of the United States by setting the stage for the loss of
more than 4000 United States service members and the injury
to tens of thousands of US soldiers; the loss of more than
1,000,000 innocent Iraqi citizens since the United States
invasion; the loss of approximately $500 billion in war costs
which has increased our Federal debt with a long term
financial cost of between three and five trillion dollars;
the loss of military readiness within the United States Armed
Services due to overextension, the lack of training and lack
of equipment; the loss of United States credibility in world
affairs; and the decades of likely blowback created by the
invasion of Iraq.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article IV.--MISLEADING THE AMERICAN PEOPLE AND MEMBERS OF CONGRESS TO
BELIEVE IRAQ POSED AN IMMINENT THREAT TO THE UNITED STATES
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution
[[Page 11870]]
of the United States, and in violation of his constitutional
duty under Article II, Section 3 of the Constitution ``to
take care that the laws be faithfully executed'', has both
personally and acting through his agents and subordinates,
together with the Vice President, executed a calculated and
wide-ranging strategy to deceive the citizens and Congress of
the United States into believing that the nation of Iraq
posed an imminent threat to the United States in order to
justify the use of the United States Armed Forces against the
nation of Iraq in a manner damaging to our national security
interests, thereby interfering with and obstructing
Congress's lawful functions of overseeing foreign affairs and
declaring war.
The means used to implement this deception were and
continue to be, first, allowing, authorizing and sanctioning
the manipulation of intelligence analysis by those under his
direction and control, including the Vice President and the
Vice President's agents, and second, personally making, or
causing, authorizing and allowing to be made through highly-
placed subordinates, including the President's Chief of
Staff, the White House Press Secretary and other White House
spokespersons, the Secretaries of State and Defense, the
National Security Advisor, and their deputies and
spokespersons, false and fraudulent representations to the
citizens of the United States and Congress regarding an
alleged urgent threat posed by Iraq, statements that were
half-true, literally true but misleading, and/or made without
a reasonable basis and with reckless indifference to their
truth, as well as omitting to state facts necessary to
present an accurate picture of the truth as follows:
(A) Notwithstanding the complete absence of intelligence
analysis to support a claim that Iraq posed an imminent or
urgent threat to the United States and the intelligence
community's assessment that Iraq was in fact not likely to
attack the United States unless it was itself attacked,
President Bush, both personally and through his agents and
subordinates, made, allowed and caused to be made repeated
false representations to the citizens and Congress of the
United States implying and explicitly stating that such a
dire threat existed, including the following:
(1) ``States such as these [Iraq, Iran and North Korea] and
their terrorist allies constitute an axis of evil, arming to
threaten the peace of the world. By seeking weapons of mass
destruction, these regimes pose a grave and growing danger.
They could provide these arms to terrorists, giving them the
means to match their hatred. They could attack our allies or
attempt to blackmail the United States. In any of these
cases, the price of indifference would be catastrophic.''
President Bush's State of the Union Address, January 29,
2002.
(2) ``Simply stated, there is no doubt that Saddam Hussein
has weapons of mass destruction. He is amassing them to use
against our friends our enemies and against us.'' Speech of
Vice President Cheney at VFW 103rd National Convention,
August 26, 2002.
(3) ``The history, the logic, and the facts lead to one
conclusion: Saddam Hussein's regime is a grave and gathering
danger. To suggest otherwise is to hope against the evidence.
To assume this regime's good faith is to bet the lives of
millions and the peace of the world in a reckless gamble. And
this is a risk we must not take.'' Address of President Bush
to the United Nations General Assembly, September 12, 2002.
(4) ``[N]o terrorist state poses a greater or more
immediate threat to the security of our people than the
regime of Saddam Hussein and Iraq.'' Statement of Former
Defense Secretary Donald Rumsfeld to Congress, September 19,
2002.
(5) ``On its present course, the Iraqi regime is a threat
of unique urgency . . . it has developed weapons of mass
death.'' Statement of President Bush at White House, October
2, 2002.
(6) ``But the President also believes that this problem has
to be dealt with, and if the United Nations won't deal with
it, then the United States, with other likeminded nations,
may have to deal with it. We would prefer not to go that
route, but the danger is so great, with respect to Saddam
Hussein having weapons of mass destruction, and perhaps even
terrorists getting hold of such weapons, that it is time for
the international community to act, and if it doesn't act,
the President is prepared to act with likeminded nations.''
Statement of Former Secretary of State Colin Powell in
interview with Ellen Ratner of Talk Radio News, October 30,
2002.
(7) ``Today the world is also uniting to answer the unique
and urgent threat posed by Iraq. A dictator who has used
weapons of mass destruction on his own people must not be
allowed to produce or possess those weapons. We will not
permit Saddam Hussein to blackmail and/or terrorize nations
which love freedom.'' Speech by President Bush to Prague
Atlantic Student Summit, November 20, 2002.
(8) ``But the risk of doing nothing, the risk of the
security of this country being jeopardized at the hands of a
madman with weapons of mass destruction far exceeds the risk
of any action we may be forced to take.'' President Bush
Meets with National Economic Council at White House, February
25, 2003.
(B) In furtherance of his fraudulent effort to deceive
Congress and the citizens of the United States into believing
that Iraq and Saddam Hussein posed an imminent threat to the
United States, the President allowed and authorized those
acting under his direction and control, including Vice
President Richard B. Cheney, former Secretary of Defense
Donald Rumsfeld, and Lewis Libby, who reported directly to
both the President and the Vice President, among others, to
pressure intelligence analysts to tailor their assessments
and to create special units outside of, and unknown to, the
intelligence community in order to secretly obtain unreliable
information, to manufacture intelligence, or to reinterpret
raw data in ways that would support the Bush administration's
plan to invade Iraq based on a false claim of urgency despite
the lack of justification for such a preemptive action.
(C) The Senate Select Committee on Intelligence Report on
Whether Public Statements Regarding Iraq By U.S. Government
Officials Were Substantiated By Intelligence Information,
which was released on June 5, 2008, concluded that:
(1) ``Statements by the President and the Vice President
indicating that Saddam Hussein was prepared to give weapons
of mass destruction to terrorist groups for attacks against
the United States were contradicted by available intelligence
information.''
Thus the President willfully and falsely misrepresented
Iraq as an urgent threat requiring immediate action thereby
subverting the national security interests of the United
States by setting the stage for the loss of more than 4,000
United States service members; the injuries to tens of
thousands of U.S. soldiers; the deaths of more than 1,000,000
Iraqi citizens since the United States invasion; the loss of
approximately $527 billion in war costs which has increased
our Federal debt and the ultimate costs of the war between
three trillion and five trillion dollars; the loss of
military readiness within the United States Armed Services
due to overextension, the lack of training and lack of
equipment; the loss of United States credibility in world
affairs; and the decades of likely blowback created by the
invasion of Iraq.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article V.--ILLEGALLY MISSPENDING FUNDS TO SECRETLY BEGIN A WAR OF
AGGRESSION
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, together with the Vice
President, illegally misspent funds to begin a war in secret
prior to any Congressional authorization.
The president used over $2 billion in the summer of 2002 to
prepare for the invasion of Iraq. First reported in Bob
Woodward's book, Plan of Attack, and later confirmed by the
Congressional Research Service, Bush took money appropriated
by Congress for Afghanistan and other programs and--with no
Congressional notification--used it to build airfields in
Qatar and to make other preparations for the invasion of
Iraq. This constituted a violation of Article I, Section 9 of
the U.S. Constitution, as well as a violation of the War
Powers Act of 1973.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article VI.--INVADING IRAQ IN VIOLATION OF THE REQUIREMENTS OF H.J.
Res. 114.
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', exceeded his Constitutional authority
to wage war by invading Iraq in 2003 without meeting the
requirements of H.J. Res. 114, the ``Authorization for Use of
Military Force Against Iraq Resolution of 2002'' to wit:
(1) H.J. Res. 114 contains several Whereas clauses
consistent with statements being made by the White House at
the time regarding the threat from Iraq as evidenced by the
following:
[[Page 11871]]
(A) H.J. Res. 114 states ``Whereas Iraq both poses a
continuing threat to the national security of the United
States and international peace and security in the Persian
Gulf region and remains in material and unacceptable breach
of its international obligations by, among other things,
continuing to possess and develop a significant chemical and
biological weapons capability, actively seeking a nuclear
weapons capability, and supporting and harboring terrorist
organizations;''; and
(B) H.J. Res. 114 states ``Whereas members of Al Qaeda, an
organization bearing responsibility for attacks on the United
States, its citizens, and interests, including the attacks
that occurred on September 11, 2001, are known to be in
Iraq;''.
(2) H.J. Res. 114 states that the President must provide a
determination, the truthfulness of which is implied, that
military force is necessary in order to use the
authorization, as evidenced by the following:
(A) Section 3 of H.J. Res. 114 states:
``(b) PRESIDENTIAL DETERMINATION.--In connection with the
exercise of the authority granted in subsection (a) to use
force the President shall, prior to such exercise or as soon
thereafter as may be feasible, but no later than 48 hours
after exercising such authority, make available to the
Speaker of the House of Representatives and the President pro
tempore of the Senate his determination that--
(1) reliance by the United States on further diplomatic or
other peaceful means alone either (A) will not adequately
protect the national security of the United States against
the continuing threat posed by Iraq or (B) is not likely to
lead to enforcement of all relevant United Nations Security
Council resolutions regarding Iraq; and
(2) acting pursuant to this joint resolution is consistent
with the United States and other countries continuing to take
the necessary actions against international terrorist and
terrorist organizations, including those nations,
organizations, or persons who planned, authorized, committed
or aided the terrorist attacks that occurred on September 11,
2001.''
(3) On March 18, 2003, President George Bush sent a letter
to Congress stating that he had made that determination as
evidenced by the following:
(A) March 18th, 2003 Letter to Congress stating:
Consistent with section 3(b) of the Authorization for Use
of Military Force Against Iraq Resolution of 2002 (Public Law
107-243), and based on information available to me, including
that in the enclosed document, I determine that:
(1) reliance by the United States on further diplomatic and
other peaceful means alone will neither (A) adequately
protect the national security of the United States against
the continuing threat posed by Iraq nor (B) likely lead to
enforcement of all relevant United Nations Security Council
resolutions regarding Iraq; and
(2) acting pursuant to the Constitution and Public Law 107-
243 is consistent with the United States and other countries
continuing to take the necessary actions against
international terrorists and terrorist organizations,
including those nations, organizations, or persons who
planned, authorized, committed, or aided the terrorist
attacks that occurred on September 11, 2001.
(4) President George Bush knew that these statements were
false as evidenced by:
(A) Information provided with Article I, II, III, IV and V.
(B) A statement by President George Bush in an interview
with Tony Blair on January 31st 2003: [WH]
Reporter: ``One question for you both. Do you believe that
there is a link between Saddam Hussein, a direct link, and
the men who attacked on September the 11th?''
President Bush: ``I can't make that claim''
(C) An article on February 19th by Terrorism expert Rohan
Gunaratna states ``I could find no evidence of links between
Iraq and Al Qaeda. The documentation and interviews indicated
that Al Qaeda regarded Saddam, a secular leader, as an
infidel.'' [InternationalHeraldTribune]
(D) According to a February 2nd, 2003 article in the New
York Times: [NYT]
At the Federal Bureau of Investigation, some investigators
said they were baffled by the Bush administration's
insistence on a solid link between Iraq and Osama bin Laden's
network. ``We've been looking at this hard for more than a
year and you know what, we just don't think it's there,'' a
government official said.
(5) Section 3C of HJRes 114 states that ``Nothing in this
joint resolution supersedes any requirement of the War Powers
Resolution.''
(6) The War Powers Resolution Section 9(d)(1) states:
(d) Nothing in this joint resolution--
(1) is intended to alter the constitutional authority of
the Congress or of the President, or the provision of
existing treaties; or
(7) The United Nations Charter was an existing treaty and,
as shown in Article VIII, the invasion of Iraq violated that
treaty.
(8) President George Bush knowingly failed to meet the
requirements of HJRes 114 and violated the requirement of the
War Powers Resolution and, thereby, invaded Iraq without the
authority of Congress.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article VII.--INVADING IRAQ ABSENT A DECLARATION OF WAR
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has launched a war against Iraq absent
any congressional declaration of war or equivalent action.
Article I, Section 8, Clause 11 (the War Powers Clause)
makes clear that the United States Congress holds the
exclusive power to decide whether or not to send the nation
into war. ``The Congress,'' the War Powers Clause states,
``shall have power . . . To declare war . . .''
The October 2002 congressional resolution on Iraq did not
constitute a declaration of war or equivalent action. The
resolution stated: ``The President is authorized to use the
Armed Forces of the United States as he deems necessary and
appropriate in order to 1) defend the national security of
the United States against the continuing threat posed by
Iraq; and 2) enforce all relevant United Nations Security
Council resolutions regarding Iraq.'' The resolution
unlawfully sought to delegate to the President the decision
of whether or not to initiate a war against Iraq, based on
whether he deemed it ``necessary and appropriate.'' The
Constitution does not allow Congress to delegate this
exclusive power to the President, nor does it allow the
President to seize this power.
In March 2003, the President launched a war against Iraq
without any constitutional authority.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article VIII.--INVADING IRAQ, A SOVEREIGN NATION, IN VIOLATION OF THE
UN CHARTER AND INTERNATIONAL CRIMINAL LAW
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', violated United States law by invading
the sovereign country of Iraq in violation of the United
Nations Charter to wit:
(1) International Laws ratified by Congress are part of
United States Law and must be followed as evidenced by the
following:
(A) Article VI of the United States Constitution, which
states ``This Constitution, and the Laws of the United States
which shall be made in Pursuance thereof; and all Treaties
made, or which shall be made, under the Authority of the
United States, shall be the supreme Law of the Land;''
(2) The UN Charter, which entered into force following
ratification by the United States in 1945, requires Security
Council approval for the use of force except for self-defense
against an armed attack as evidenced by the following:
(A) Chapter 1, Article 2 of the United Nations Charter
states:
``3. All Members shall settle their international disputes
by peaceful means in such a manner that international peace
and security, and justice, are not endangered.
``4. All Members shall refrain in their international
relations from the threat or use of force against the
territorial integrity or political independence of any state,
or in any other manner inconsistent with the Purposes of the
United Nations.''
(B) Chapter 7, Article 51 of the United Nations Charter
states:
``51. Nothing in the present Charter shall impair the
inherent right of individual or collective self-defense if an
armed attack occurs against a Member of the United Nations,
until the Security Council has taken measures necessary to
maintain international peace and security.''
(3) There was no armed attack upon the United States by
Iraq.
(4) The Security Council did not vote to approve the use of
force against Iraq as evidenced by:
(A) A United Nation Press release which states that the
United States had failed to convince the Security Council to
approve the use of military force against Iraq. [UN]
(5) President Bush directed the United States military to
invade Iraq on March 19th, 2003 in violation of the UN
Charter and, therefore, in violation of United States Law as
evidenced by the following:
[[Page 11872]]
(A) A letter from President Bush to Congress dated March
21st, 2003 stating ``I directed U.S. Armed Forces, operating
with other coalition forces, to commence combat operations on
March 19, 2003, against Iraq.'' [WH]
(B) On September 16, 2004 Kofi Annan, the Secretary General
of the United Nations, speaking on the invasion, said, ``I
have indicated it was not in conformity with the UN charter.
From our point of view, from the charter point of view, it
was illegal.'' [BBC]
(C) The consequence of the instant and direction of
President George W. Bush, in ordering an attack upon Iraq, a
sovereign nation is in direct violation of United States
Code, Title 18, Part 1, Chapter 118, Section 2441, governing
the offense of war crimes.
(6) In the course of invading and occupying Iraq, the
President, as Commander in Chief, has taken responsibility
for the targeting of civilians, journalists, hospitals, and
ambulances, use of antipersonnel weapons including cluster
bombs in densely settled urban areas, the use of white
phosphorous as a weapon, depleted uranium weapons, and the
use of a new version of napalm found in Mark 77 firebombs.
Under the direction of President George Bush the United
States has engaged in collective punishment of Iraqi civilian
populations, including but not limited to blocking roads,
cutting electricity and water, destroying fuel stations,
planting bombs in farm fields, demolishing houses, and
plowing over orchards.
(A) Under the principle of ``command responsibility'',
i.e., that a de jure command can be civilian as well as
military, and can apply to the policy command of heads of
state, said command brings President George Bush within the
reach of international criminal law under the Additional
Protocol I of June 8, 1977 to the Geneva Conventions of
August 12, 1949, and Relating to the Protection of Victims of
International Armed Conflicts, Article 86(2). The United
States is a state signatory to Additional Protocol I, on
December 12, 1977.
(B) Furthermore, Article 85(3) of said Protocol I defines
as a grave breach making a civilian population or individual
civilians the object of attacks. This offense, together with
the principle of command responsibility, places President
George Bush's conduct under the reach of the same law and
principles described as the basis for war crimes prosecution
at Nuremburg, under Article 6 of the Charter of the Nuremberg
Tribunals: including crimes against peace, violations of the
laws and customs of war and crimes against humanity,
similarly codified in the Rome Statute of the International
Criminal Court, Articles 5 through 8.
(C) The Lancet Report has established massive civilian
casualties in Iraq as a result of the United States' invasion
and occupation of that country.
(D) International laws governing wars of aggression are
completely prohibited under the legal principle of jus
cogens, whether or not a nation has signed or ratified a
particular international agreement.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office
Article IX.--FAILING TO PROVIDE TROOPS WITH BODY ARMOR AND VEHICLE
ARMOR
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed,'' has both personally and acting through
his agents and subordinates, together with the Vice
President, has been responsible for the deaths of members of
the U.S. military and serious injury and trauma to other
soldiers, by failing to provide available body armor and
vehicle armor.
While engaging in an invasion and occupation of choice, not
fought in self-defense, and not launched in accordance with
any timetable other than the President's choosing, President
Bush sent U.S. troops into danger without providing them with
armor. This shortcoming has been known for years, during
which time, the President has chosen to allow soldiers and
marines to continue to face unnecessary risk to life and limb
rather then providing them with armor.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article X.--FALSIFYING ACCOUNTS OF U.S. TROOP DEATHS AND INJURIES FOR
POLITICAL PURPOSES
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed,'' has both personally and acting through
his agents and subordinates, together with the Vice
President, promoted false propaganda stories about members of
the United States military, including individuals both dead
and injured.
The White House and the Department of Defense (DOD) in 2004
promoted a false account of the death of Specialist Pat
Tillman, reporting that he had died in a hostile exchange,
delaying release of the information that he had died from
friendly fire, shot in the forehead three times in a manner
that led investigating doctors to believe he had been shot at
close range.
A 2005 report by Brig. Gen. Gary M. Jones reported that in
the days immediately following Specialist Tillman's death,
U.S. Army investigators were aware that Specialist Tillman
was killed by friendly fire, shot three times to the head,
and that senior Army commanders, including Gen. John Abizaid,
knew of this fact within days of the shooting but
nevertheless approved the awarding of the Silver Star, Purple
Heart, and a posthumous promotion.
On April 24, 2007, Spc. Bryan O'Neal, the last soldier to
see Specialist Pat Tillman alive, testified before the House
Oversight and Government Reform Committee that he was warned
by superiors not to divulge information that a fellow soldier
killed Specialist Tillman, especially to the Tillman family.
The White House refused to provide requested documents to the
committee, citing ``executive branch confidentiality
interests.''
The White House and DOD in 2003 promoted a false account of
the injury of Jessica Dawn Lynch, reporting that she had been
captured in a hostile exchange and had been dramatically
rescued. On April 2, 2003, the DOD released a video of the
rescue and claimed that Lynch had stab and bullet wounds, and
that she had been slapped about on her hospital bed and
interrogated. Iraqi doctors and nurses later interviewed,
including Dr. Harith Al-Houssona, a doctor in the Nasirya
hospital, described Lynch's injuries as ``a broken arm, a
broken thigh, and a dislocated ankle.'' According to Al-
Houssona, there was no sign of gunshot or stab wounds, and
Lynch's injuries were consistent with those that would be
suffered in a car accident. Al-Houssona's claims were later
confirmed in a U.S. Army report leaked on July 10, 2003.
Lynch denied that she fought or was wounded fighting,
telling Diane Sawyer that the Pentagon ``used me to symbolize
all this stuff. It's wrong. I don't know why they filmed [my
rescue] or why they say these things. . . . I did not
shoot, not a round, nothing. I went down praying to my knees.
And that's the last I remember.'' She reported excellent
treatment in Iraq, and that one person in the hospital even
sang to her to help her feel at home.
On April 24, 2007 Lynch testified before the House
Committee on Oversight and Government Reform:
``[Right after my capture], tales of great heroism were
being told. My parent's home in Wirt County was under siege
of the media all repeating the story of the little girl Rambo
from the hills who went down fighting. It was not true. . . .
I am still confused as to why they chose to lie.''
The White House had heavily promoted the false story of
Lynch's rescue, including in a speech by President Bush on
April 28, 2003. After the fiction was exposed, the President
awarded Lynch the Bronze Star.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article XI.--ESTABLISHMENT OF PERMANENT U.S. MILITARY BASES IN IRAQ
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed,'' has violated an act of Congress that
he himself signed into law by using public funds to construct
permanent U.S. military bases in Iraq.
On January 28, 2008, President George W. Bush signed into
law the National Defense Authorization Act for fiscal year
2008 (H.R. 4986). Noting that the Act ``authorizes funding
for the defense of the United States and its interests
abroad, for military construction, and for national security-
related energy programs,'' the president added the following
``signing statement'':
``Provisions of the Act, including sections 841, 846, 1079,
and 1222, purport to impose requirements that could inhibit
the President's ability to carry out his constitutional
[[Page 11873]]
obligations to take care that the laws be faithfully
executed, to protect national security, to supervise the
executive branch, and to execute his authority as Commander
in Chief. The executive branch shall construe such provisions
in a manner consistent with the constitutional authority of
the President.''
Section 1222 clearly prohibits the expenditure of money for
the purpose of establishing permanent U.S. military bases in
Iraq. The construction of over $1 billion in U.S. military
bases in Iraq, including runways for aircraft, continues
despite congressional intent, as the Administration intends
to force upon the Iraqi government such terms which will
assure the bases remain in Iraq.
Iraqi officials have informed Members of Congress in May
2008 of the strong opposition within the Iraqi parliament and
throughout Iraq to the agreement that the administration is
trying to negotiate with Iraqi Prime Minister Nouri al-
Maliki. The agreement seeks to assure a long-term U.S.
presence in Iraq of which military bases are the most
obvious, sufficient and necessary construct, thus clearly
defying Congressional intent as to the matter and meaning of
``permanency.''
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article XII.--INITIATING A WAR AGAINST IRAQ FOR CONTROL OF THAT
NATION'S NATURAL RESOURCES
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed,'' has both personally and acting through
his agents and subordinates, together with the Vice
President, invaded and occupied a foreign nation for the
purpose, among other purposes, of seizing control of that
nation's oil.
The White House and its representatives in Iraq have, since
the occupation of Baghdad began, attempted to gain control of
Iraqi oil. This effort has included pressuring the new Iraqi
government to pass a hydrocarbon law. Within weeks of the
fall of Saddam Hussein in 2003, the U.S. Agency for
International Development (USAid) awarded a $240 million
contract to Bearing Point, a private U.S. company. A Bearing
Point employee, based in the U.S. embassy in Baghdad, was
hired to advise the Iraqi Ministry of Oil on drawing up the
new hydrocarbon law. The draft law places executives of
foreign oil companies on a council with the task of approving
their own contracts with Iraq; it denies the Iraqi National
Oil Company exclusive rights for the exploration,
development, production, transportation, and marketing of
Iraqi oil, and allows foreign companies to control Iraqi oil
fields containing 80 percent of Iraqi oil for up to 35 years
through contracts that can remain secret for up to 2 months.
The draft law itself contains secret appendices.
President Bush provided unrelated reasons for the invasion
of Iraq to the public and Congress, but those reasons have
been established to have been categorically fraudulent, as
evidenced by the herein mentioned Articles of Impeachment I,
II, III, IV, VI, and VII.
Parallel to the development of plans for war against Iraq,
the U.S. State Department's Future of Iraq project, begun as
early as April 2002, involved meetings in Washington and
London of 17 working groups, each composed of 10 to 20 Iraqi
exiles and international experts selected by the State
Department. The Oil and Energy working group met four times
between December 2002 and April 2003. Ibrahim Bahr al-Uloum,
later the Iraqi Oil Minister, was a member of the group,
which concluded that Iraq ``should be opened to international
oil companies as quickly as possible after the war,'' and
that, ``the country should establish a conducive business
environment to attract investment of oil and gas resources.''
The same group recommended production-sharing agreements with
foreign oil companies, the same approach found in the draft
hydrocarbon law, and control over Iraq's oil resources
remains a prime objective of the Bush Administration.
Prior to his election as Vice President, Dick Cheney, then-
CEO of Halliburton, in a speech at the Institute of Petroleum
in 1999 demonstrated a keen awareness of the sensitive
economic and geopolitical role of Middle East oil resources
saying: ``By 2010, we will need on the order of an additional
50 million barrels a day. So where is the oil going to come
from? Governments and national oil companies are obviously
controlling about 90 percent of the assets. Oil remains
fundamentally a government business. While many regions of
the world offer great oil opportunities, the Middle East,
with two-thirds of the world's oil and lowest cost, is still
where the prize ultimately lies. Even though companies are
anxious for greater access there, progress continues to be
slow.''
The Vice President led the work of a secret energy task
force, as described in Article XXXII below, a task force that
focused on, among other things, the acquisition of Iraqi oil
through developing a controlling private corporate interest
in said oil.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
ARTICLE XIII.--CREATING A SECRET TASK FORCE TO DEVELOP ENERGY AND
MILITARY POLICIES WITH RESPECT TO IRAQ AND OTHER COUNTRIES
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty to take care that the
laws be faithfully executed, has both personally and acting
through his agents and subordinates, together with the Vice
President, created a secret task force to guide our nation's
energy policy and military policy, and undermined Congress'
ability to legislate by thwarting attempts to investigate the
nature of that policy.
A Government Accountability Office (GAO) Report on the
Cheney Energy Task Force, in August 2003, described the
creation of this task force as follows:
``In a January 29, 2001, memorandum, the President
established NEPDG [the National Energy Policy Development
Group]--comprised of the Vice President, nine cabinet-level
officials, and four other senior administration officials--to
gather information, deliberate, and make recommendations to
the President by the end of fiscal year 2001. The President
called on the Vice President to chair the group, direct its
work and, as necessary, establish subordinate working groups
to assist NEPDG.''
The four ``other senior administration officials were the
Director of the Office of Management and Budget, the
Assistant to the President and Deputy Chief of Staff for
Policy, the Assistant to the President for Economic Policy,
and the Deputy Assistant to the President for
Intergovernmental Affairs.
The GAO report found that: ``In developing the National
Energy Policy report, the NEPDG Principals, Support Group,
and participating agency officials and staff met with,
solicited input from, or received information and advice from
nonfederal energy stakeholders, principally petroleum, coal,
nuclear, natural gas, and electricity industry
representatives and lobbyists. The extent to which
submissions from any of these stakeholders were solicited,
influenced policy deliberations, or were incorporated into
the final report cannot be determined based on the limited
information made available to GAO. NEPDG met and conducted
its work in two distinct phases: the first phase culminated
in a March 19, 2001, briefing to the President on challenges
relating to energy supply and the resulting economic impact;
the second phase ended with the May 16, 2001, presentation of
the final report to the President. The Office of the Vice
President's (OVP) unwillingness to provide the NEPDG records
or other related information precluded GAO from fully
achieving its objectives and substantially limited GAO's
ability to comprehensively analyze the NEPDG process.
associated with that process.
``None of the key federal entities involved in the NEPDG
effort provided GAO with a complete accounting of the costs
that they incurred during the development of the National
Energy Policy report. The two federal entities responsible
for funding the NEPDG effort--OVP and the Department of
Energy (DOE)--did not provide the comprehensive cost
information that GAO requested. OVP provided GAO with 77
pages of information, two-thirds of which contained no cost
information while the remaining one-third contained some
miscellaneous information of little to no usefulness. OVP
stated that it would not provide any additional information.
DOE, the Department of the Interior, and the Environmental
Protection Agency (EPA) provided GAO with estimates of
certain costs and salaries associated with the NEPDG effort,
but these estimates, all calculated in different ways, were
not comprehensive.''
In 2003, the Commerce Department disclosed a partial
collection of materials from the NEPDG, including documents,
maps, and charts, dated March 2001, of Iraq's, Saudi Arabia's
and the United Arab Emirates' oil fields, pipelines,
refineries, tanker terminals, and development projects.
On November 16, 2005, the Washington Post reported on a
White House document showing that oil company executives had
met with the NEPDG, something that some of those same
executives had just that week denied in Congressional
testimony. The Bush Administration had not corrected the
inaccurate testimony.
[[Page 11874]]
On July 18, 2007, the Washington Post reported the full
list of names of those who had met with the NEPDG.
In 1998 Kenneth Derr, then chief executive of Chevron, told
a San Francisco audience, ``Iraq possesses huge reserves of
oil and gas, reserves I'd love Chevron to have access to.''
According to the GAO report, Chevron provided detailed advice
to the NEPDG.
In March, 2001, the NEPDG recommended that the United
States Government support initiatives by Middle Eastern
countries ``to open up areas of their energy sectors to
foreign investment.'' Following the invasion of Iraq, the
United States has pressured the new Iraqi parliament to pass
a hydrocarbon law that would do exactly that. The draft law,
if passed, would take the majority of Iraq's oil out of the
exclusive hands of the Iraqi Government and open it to
international oil companies for a generation or more. The
Bush administration hired Bearing Point, a U.S. company, to
help write the law in 2004. It was submitted to the Iraqi
Council of Representatives in May 2007.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article XIV.--MISPRISION OF A FELONY, MISUSE AND EXPOSURE OF CLASSIFIED
INFORMATION AND OBSTRUCTION OF JUSTICE IN THE MATTER OF VALERIE PLAME
WILSON, CLANDESTINE AGENT OF THE CENTRAL INTELLIGENCE AGENCY
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, together with the Vice
President,
(1) suppressed material information;
(2) selectively declassified information for the improper
purposes of retaliating against a whistleblower and
presenting a misleading picture of the alleged threat from
Iraq;
(3) facilitated the exposure of the identity of Valerie
Plame Wilson who had theretofore been employed as a covert
CIA operative;
(4) failed to investigate the improper leaks of classified
information from within his administration;
(5) failed to cooperate with an investigation into possible
federal violations resulting from this activity; and
(6) finally, entirely undermined the prosecution by
commuting the sentence of Lewis Libby citing false and
insubstantial grounds, all in an effort to prevent Congress
and the citizens of the United States from discovering the
deceitful nature of the President's claimed justifications
for the invasion of Iraq.
In facilitating this exposure of classified information and
the subsequent cover-up, in all of these actions and
decisions, President George W. Bush has acted in a manner
contrary to his trust as President, and subversive of
constitutional government, to the prejudice of the cause of
law and justice and to the manifest injury of the people of
the United States. Wherefore, President George W. Bush, by
such conduct, is guilty of an impeachable offense warranting
removal from office.
Article XV.--PROVIDING IMMUNITY FROM PROSECUTION FOR CRIMINAL
CONTRACTORS IN IRAQ
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, together with the Vice
President, established policies granting United States
government contractors and their employees in Iraq immunity
from Iraqi law, U.S. law, and international law.
Lewis Paul Bremer III, then-Director of Reconstruction and
Humanitarian Assistance for post-war Iraq, on June 27, 2004,
issued Coalition Provisional Authority Order Number 17, which
granted members of the U.S. military, U.S. mercenaries, and
other U.S. contractor employees immunity from Iraqi law.
The Bush Administration has chosen not to apply the Uniform
Code of Military Justice or United States law to mercenaries
and other contractors employed by the United States
government in Iraq.
Operating free of Iraqi or U.S. law, mercenaries have
killed many Iraqi civilians in a manner that observers have
described as aggression and not as self-defense. Many U.S.
contractors have also alleged that they have been the victims
of aggression (in several cases of rape) by their fellow
contract employees in Iraq. These charges have not been
brought to trial, and in several cases the contracting
companies and the U.S. State Department have worked together
in attempting to cover them up.
Under the Fourth Geneva Convention, to which the United
States is party, and which under Article VI of the U.S.
Constitution is therefore the supreme law of the United
States, it is the responsibility of an occupying force to
ensure the protection and human rights of the civilian
population. The efforts of President Bush and his
subordinates to attempt to establish a lawless zone in Iraq
are in violation of the law.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and subversive of constitutional government, to the prejudice
of the cause of law and justice and to the manifest injury of
the people of the United States. Wherefore, President George
W. Bush, by such conduct, is guilty of an impeachable offense
warranting removal from office.
Article XVI.--RECKLESS MISSPENDING AND WASTE OF US TAX DOLLARS IN
CONNECTION WITH IRAQ CONTRACTORS
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, together with the Vice
President, recklessly wasted public funds on contracts
awarded to close associates, including companies guilty of
defrauding the government in the past, contracts awarded
without competitive bidding, ``cost-plus'' contracts designed
to encourage cost overruns, and contracts not requiring
satisfactory completion of the work. These failures have been
the rule, not the exception, in the awarding of contracts for
work in the United States and abroad over the past seven
years. Repeated exposure of fraud and waste has not been met
by the president with correction of systemic problems, but
rather with retribution against whistleblowers.
The House Committee on Oversight and Government Reform
reported on Iraq reconstruction contracting:
``From the beginning, the Administration adopted a flawed
contracting approach in Iraq. Instead of maximizing
competition, the Administration opted to award no-bid, cost-
plus contracts to politically connected contractors.
Halliburton's secret $7 billion contract to restore Iraq's
oil infrastructure is the prime example. Under this no-bid,
cost-plus contract, Halliburton was reimbursed for its costs
and then received an additional fee, which was a percentage
of its costs. This created an incentive for Halliburton to
run up its costs in order to increase its potential profit.
``Even after the Administration claimed it was awarding
Iraq contracts competitively in early 2004, real price
competition was missing. Iraq was divided geographically and
by economic sector into a handful of fiefdoms. Individual
contractors were then awarded monopoly contracts for all of
the work within given fiefdoms. Because these monopoly
contracts were awarded before specific projects were
identified, there was no actual price competition for more
than 2,000 projects.
``In the absence of price competition, rigorous government
oversight becomes essential for accountability. Yet the
Administration turned much of the contract oversight work
over to private companies with blatant conflicts of interest.
Oversight contractors oversaw their business partners and, in
some cases, were placed in a position to assist their own
construction work under separate monopoly construction
contracts. . . .
``Under Halliburton's two largest Iraq contracts, Pentagon
auditors found $1 billion in `questioned' costs and over $400
million in 'unsupported' costs. Former Halliburton employees
testified that the company charged $45 for cases of soda,
billed $100 to clean 15-pound bags of laundry, and insisted
on housing its staff at the five-star Kempinski hotel in
Kuwait. Halliburton truck drivers testified that the company
`torched' brand new $85,000 trucks rather than perform
relatively minor repairs and regular maintenance. Halliburton
procurement officials described the company's informal motto
in Iraq as 'Don't worry about price. It's cost-plus.' A
Halliburton manager was indicted for `major fraud against the
United States' for allegedly billing more than $5.5 billion
for work that should have cost only $685,000 in exchange for
a $1 million kickback from a Kuwaiti subcontractor. . . .
``The Air Force found that another U.S. government
contractor, Custer Battles, set up shell subcontractors to
inflate prices. Those overcharges were passed along to the
U.S. government under the company's cost-plus contract to
provide security for Baghdad International Airport. In one
case, the company allegedly took Iraqi-owned forklifts, re-
painted them, and leased them to the U.S. government.
[[Page 11875]]
``Despite the spending of billions of taxpayer dollars,
U.S. reconstruction efforts in keys sectors of the Iraqi
economy are failing. Over two years after the U.S.-led
invasion of Iraq, oil and electricity production has fallen
below pre-war levels. The Administration has failed to even
measure how many Iraqis lack access to drinkable water.''
``Constitution in Crisis,'' a book by Congressman John
Conyers, details the Bush Administration's response when
contract abuse is made public:
``Bunnatine Greenhouse was the chief contracting officer at
the Army Corps of Engineers, the agency that has managed much
of the reconstruction work in Iraq. In October 2004, Ms.
Greenhouse came forward and revealed that top Pentagon
officials showed improper favoritism to Halliburton when
awarding military contracts to Halliburton subsidiary Kellogg
Brown & Root (KBR). Greenhouse stated that when the Pentagon
awarded Halliburton a five-year $7 billion contract, it
pressured her to withdraw her objections, actions which she
claimed were unprecedented in her experience.
``On June 27, 2005, Ms. Greenhouse testified before
Congress, detailing that the contract award process was
compromised by improper influence by political appointees,
participation by Halliburton officials in meetings where
bidding requirements were discussed, and a lack of
competition. She stated that the Halliburton contracts
represented ``the most blatant and improper contract abuse I
have witnessed during the course of my professional career.''
Days before the hearing, the acting general counsel of the
Army Corps of Engineers paid Ms. Greenhouse a visit and
reportedly let it be known that it would not be in her best
interest to appear voluntarily.
``On August 27, 2005, the Army demoted Ms. Greenhouse,
removing her from the elite Senior Executive Service and
transferring her to a lesser job in the corps' civil works
division. As Frank Rich of The New York Times described the
situation, '[H]er crime was not obstructing justice but
pursuing it by vehemently questioning irregularities in the
awarding of some $7 billion worth of no-bid contracts in Iraq
to the Halliburton subsidiary Kellogg Brown Root.' The
demotion was in apparent retaliation for her speaking out
against the abuses, even though she previously had stellar
reviews and over 20 years of experience in military
procurement.''
The House Committee on Oversight and Government Reform
reports on domestic contracting:
``The Administration's domestic contracting record is no
better than its record on Iraq. Waste, fraud, and abuse
appear to be the rule rather than the exception. . . .
``A Transportation Security Administration (TSA) cost-plus
contract with NCS Pearson, Inc., to hire federal airport
screeners was plagued by poor management and egregious waste.
Pentagon auditors challenged $303 million (over 40%) of the
$741 million spent by Pearson under the contract. The
auditors detailed numerous concerns with the charges of
Pearson and its subcontractors, such as `$20-an-hour
temporary workers billed to the government at $48 per hour,
subcontractors who signed out $5,000 in cash at a time with
no supporting documents, $377,273.75 in unsubstantiated long
distance phone calls, $514,201 to rent tents that flooded in
a rainstorm, [and] $4.4 million in ``no show'' fees for job
candidates who did not appear for tests.' A Pearson employee
who supervised Pearson's hiring efforts at 43 sites in the
U.S. described the contract as `a waste a taxpayer's money.'
The CEO of one Pearson subcontractor paid herself $5.4
million for nine months work and provided herself with a
$270,000 pension. . . .
``The Administration is spending $239 million on the
Integrated Surveillance and Intelligence System, a no-bid
contract to provide thousands of cameras and sensors to
monitor activity on the Mexican and Canadian borders.
Auditors found that the contractor, International Microwave
Corp., billed for work it never did and charged for equipment
it never provided, 'creat[ing] a potential for overpayments
of almost $13 million.' Moreover, the border monitoring
system reportedly does not work. . . .
``After spending more than $4.5 billion on screening
equipment for the nation's entry points, the Department of
Homeland Security is now `moving to replace or alter much of'
it because `it is ineffective, unreliable or too expensive to
operate.' For example, radiation monitors at ports and
borders reportedly could not `differentiate between radiation
emitted by a nuclear bomb and naturally occurring radiation
from everyday material like cat litter or ceramic tile.' . .
.
``The TSA awarded Boeing a cost-plus contract to install
over 1,000 explosive detection systems for airline passenger
luggage. After installation, the machines `began to register
false alarms' and `[s]creeners were forced to open and hand-
check bags.' To reduce the number of false alarms, the
sensitivity of the machines was lowered, which reduced the
effectiveness of the detectors. Despite these serious
problems, Boeing received an $82 million profit that the
Inspector General determined to be `excessive.' . . .
``The FBI spent $170 million on a `Virtual Case File'
system that does not operate as required. After three years
of work under a cost-plus contract failed to produce a
functional system, the FBI scrapped the program and began
work on the new `Sentinel' Case File System. . . .
``The Department of Homeland Security Inspector General
found that taxpayer dollars were being lavished on perks for
agency officials. One IG report found that TSA spent over
$400,000 on its first leader's executive office suite.
Another found that TSA spent $350,000 on a gold-plated gym. .
. .
``According to news reports, Pentagon auditors . . .
examined a contract between the Transportation Security
Administration (TSA) and Unisys, a technology and consulting
company, for the upgrade of airport computer networks. Among
other irregularities, government auditors found that Unisys
may have overbilled for as much as 171,000 hours of labor and
overtime by charging for employees at up to twice their
actual rate of compensation. While the cost ceiling for the
contract was set at $1 billion, Unisys has reportedly billed
the government $940 million with more than half of the seven-
year contract remaining and more than half of the TSA-
monitored airports still lacking upgraded networks.''
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article XVII.--ILLEGAL DETENTION: DETAINING INDEFINITELY AND WITHOUT
CHARGE PERSONS BOTH U.S. CITIZENS AND FOREIGN CAPTIVES
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, together with the Vice
President, violated United States and International Law and
the US Constitution by illegally detaining indefinitely and
without charge persons both US citizens and foreign captives.
In a statement on Feb. 7, 2002, President Bush declared
that in the US fight against Al Qaeda, ``none of the
provisions of Geneva apply,'' thus rejecting the Geneva
Conventions that protect captives in wars and other
conflicts. By that time, the administration was already
transporting captives from the war in Afghanistan, both
alleged Al Qaeda members and supporters, and also Afghans
accused of being fighters in the army of the Taliban
government, to US-run prisons in Afghanistan and to the
detention facility at Guantanamo Bay, Cuba. The round-up and
detention without charge of Muslim non-citizens inside the US
began almost immediately after the September 11, 2001 attacks
on the World Trade Center and the Pentagon, with some being
held as long as nine months. The US, on orders of the
president, began capturing and detaining without charge
alleged terror suspects in other countries and detaining them
abroad and at the US Naval base in Guantanamo.
Many of these detainees have been subjected to systematic
abuse, including beatings, which have been subsequently
documented by news reports, photographic evidence, testimony
in Congress, lawsuits, and in the case of detainees in the
US, by an investigation conducted by the Justice Department's
Office of the Inspector General.
In violation of US law and the Geneva Conventions, the Bush
Administration instructed the Department of Justice and the
US Department of Defense to refuse to provide the identities
or locations of these detainees, despite requests from
Congress and from attorneys for the detainees. The president
even declared the right to detain US citizens indefinitely,
without charge and without providing them access to counsel
or the courts, thus depriving them of their constitutional
and basic human rights. Several of those US citizens were
held in military brigs in solitary confinement for as long as
three years before being either released or transferred to
civilian detention.
Detainees in US custody in Iraq and Guantanamo have, in
violation of the Geneva Conventions, been hidden from and
denied visits by the International Red Cross organization,
while thousands of others in Iraq, Guantanamo, Afghanistan,
ships in foreign off-shore sites, and an unknown number of
so-called ``black sites'' around the world have been denied
any opportunity to challenge their detentions. The president,
acting on his own claimed authority, has declared the
hundreds of detainees at Guantanamo Bay to be ``enemy
combatants'' not subject to US law and not even subject to
military law, but nonetheless potentially liable to the death
penalty.
The detention of individuals without due process violates
the 5th Amendment. While the Bush administration has been
rebuked in several court cases, most recently that of Ali al-
Marri, it continues to attempt to exceed constitutional
limits.
[[Page 11876]]
In all of these actions violating US and International law,
President George W. Bush has acted in a manner contrary to
his trust as President and Commander in Chief, and subversive
of constitutional government, to the prejudice of the cause
of law and justice and to the manifest injury of the people
of the United States. Wherefore, President George W. Bush, by
such conduct, is guilty of an impeachable offense warranting
removal from office.
ARTICLE XVIII.--TORTURE: SECRETLY AUTHORIZING, AND ENCOURAGING THE USE
OF TORTURE AGAINST CAPTIVES IN AFGHANISTAN, IRAQ, AND OTHER PLACES, AS
A MATTER OF OFFICIAL POLICY
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, together with the Vice
President, violated United States and International Law and
the US Constitution by secretly authorizing and encouraging
the use of torture against captives in Afghanistan, Iraq in
connection with the so-called ``war'' on terror.
In violation of the Constitution, US law, the Geneva
Conventions (to which the US is a signatory), and in
violation of basic human rights, torture has been authorized
by the President and his administration as official policy.
Water-boarding, beatings, faked executions, confinement in
extreme cold or extreme heat, prolonged enforcement of
painful stress positions, sleep deprivation, sexual
humiliation, and the defiling of religious articles have been
practiced and exposed as routine at Guantanamo, at Abu Ghraib
Prison and other US detention sites in Iraq, and at Bagram
Air Base in Afghanistan. The president, besides bearing
responsibility for authorizing the use of torture, also as
Commander in Chief, bears ultimate responsibility for the
failure to halt these practices and to punish those
responsible once they were exposed.
The administration has sought to claim the abuse of
captives is not torture, by redefining torture. An August 1,
2002 memorandum from the Administration's Office of Legal
Counsel Jay S. Bybee addressed to White House Counsel Alberto
R. Gonzales concluded that to constitute torture, any pain
inflicted must be akin to that accompanying ``serious
physical injury, such as organ failure, impairment of bodily
function, or even death.'' The memorandum went on to state
that even should an act constitute torture under that minimal
definition, it might still be permissible if applied to
``interrogations undertaken pursuant to the President's
Commander-in-Chief powers.'' The memorandum further asserted
that ``necessity or self-defense could provide justifications
that would eliminate any criminal liability.''
This effort to redefine torture by calling certain
practices simply ``enhanced interrogation techniques'' flies
in the face of the Third Geneva Convention Relating to the
Treatment of Prisoners of War, which states that ``No
physical or mental torture, nor any other form of coercion,
may be inflicted on prisoners of war to secure from them
information of any kind whatever. Prisoners of war who refuse
to answer may not be threatened, insulted, or exposed to any
unpleasant or disadvantageous treatment of any kind.''
Torture is further prohibited by the Universal Declaration
of Human Rights, the paramount international human rights
statement adopted unanimously by the United Nations General
Assembly, including the United States, in 1948. Torture and
other cruel, inhuman or degrading treatment or punishment is
also prohibited by international treaties ratified by the
United States: the International Covenant on Civil and
Political Rights (ICCPR) and the Convention Against Torture
and Other Cruel Inhuman or Degrading Treatment or Punishment
(CAT).
When the Congress, in the Defense Authorization Act of
2006, overwhelmingly passed a measure banning torture and
sent it to the President's desk for signature, the President,
who together with his vice president, had fought hard to
block passage of the amendment, signed it, but then quietly
appended a signing statement in which he pointedly asserted
that as Commander-in-Chief, he was not bound to obey its
strictures.
The administration's encouragement of and failure to
prevent torture of American captives in the wars in Iraq and
Afghanistan, and in the battle against terrorism, has
undermined the rule of law in the US and in the US military,
and has seriously damaged both the effort to combat global
terrorism, and more broadly, America's image abroad. In his
effort to hide torture by US military forces and the CIA, the
president has defied Congress and has lied to the American
people, repeatedly claiming that the US ``does not torture.''
In all of these actions and decisions in violation of US
and International law, President George W. Bush has acted in
a manner contrary to his trust as President and Commander in
Chief, and subversive of constitutional government, to the
prejudice of the cause of law and justice and to the manifest
injury of the people of the United States. Wherefore,
President George W. Bush, by such conduct, is guilty of an
impeachable offense warranting removal from office.
ARTICLE XIX.--RENDITION: KIDNAPPING PEOPLE AND TAKING THEM AGAINST
THEIR WILL TO ``BLACK SITES'' LOCATED IN OTHER NATIONS, INCLUDING
NATIONS KNOWN TO PRACTICE TORTURE
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, together with the Vice
President, violated United States and International Law and
the US Constitution by kidnapping people and renditioning
them to ``black sites'' located in other nations, including
nations known to practice torture.
The president has publicly admitted that since the 9-11
attacks in 2001, the US has been kidnapping and transporting
against the will of the subject (renditioning) in its so-
called ``war'' on terror--even people captured by US
personnel in friendly nations like Sweden, Germany, Macedonia
and Italy--and ferrying them to places like Bagram Airbase in
Afghanistan, and to prisons operated in Eastern European
countries, African Countries and Middle Eastern countries
where security forces are known to practice torture.
These people are captured and held indefinitely, without
any charges being filed, and are held without being
identified to the Red Cross, or to their families. Many are
clearly innocent, and several cases, including one in Canada
and one in Germany, have demonstrably been shown subsequently
to have been in error, because of a similarity of names or
because of misinformation provided to US authorities.
Such a policy is in clear violation of US and International
Law, and has placed the United States in the position of a
pariah state. The CIA has no law enforcement authority, and
cannot legally arrest or detain anyone. The program of
``extraordinary rendition'' authorized by the president is
the substantial equivalent of the policies of
``disappearing'' people, practices widely practiced and
universally condemned in the military dictatorships of Latin
America during the late 20th Century.
The administration has claimed that prior administrations
have practiced extraordinary rendition, but, while this is
technically true, earlier renditions were used only to
capture people with outstanding arrest warrants or
convictions who were outside in order to deliver them to
stand trial or serve their sentences in the US. The president
has refused to divulge how many people have been subject to
extraordinary rendition since September, 2001. It is possible
that some have died in captivity. As one US official has
stated off the record, regarding the program, Some of those
who were renditioned were later delivered to Guantanamo,
while others were sent there directly. An example of this is
the case of six Algerian Bosnians who, immediately after
being cleared by the Supreme Court of Bosnia Herzegovina in
January 2002 of allegedly plotting to attack the US and UK
embassies, were captured, bound and gagged by US special
forces and renditioned to Guantanamo.
In perhaps the most egregious proven case of rendition,
Maher Arar, a Canadian citizen born in Syria, was picked up
in September 2002 while transiting through New York's JFK
airport on his way home to Canada. Immigration and FBI
officials detained and interrogated him for nearly two weeks,
illegally denying him his rights to access counsel, the
Canadian consulate, and the courts. Executive branch
officials asked him if he would volunteer to go to Syria,
where he hadn't been in 15 years, and Maher refused
Maher was put on a private jet plane operated by the CIA
and sent to Jordan, where he was beaten for 8 hours, and then
delivered to Syria, where he was beaten and interrogated for
18 hours a day for a couple of weeks. He was whipped on his
back and hands with a 2 inch thick electric cable and asked
questions similar to those he had been asked in the United
States. For over ten months Maher was held in an underground
grave-like cell--3 6 7 feet--which was damp and cold, and in
which the only light came in through a hole in the ceiling.
After a year of this, Maher was released without any charges.
He is now back home in Canada with his family. Upon his
release, the Syrian Government announced he had no links to
Al Qaeda, and the Canadian Government has also said they've
found no links to Al Qaeda. The Canadian Government launched
a Commission of Inquiry into the Actions of Canadian
Officials in Relation to Maher Arar, to investigate the role
of Canadian officials, but the Bush Administration has
refused to cooperate with the Inquiry.
Hundreds of flights of CIA-chartered planes have been
documented as having passed
[[Page 11877]]
through European countries on extraordinary rendition
missions like that involving Maher Arar, but the
administration refuses to state how many people have been
subjects of this illegal program.
The same U.S. laws prohibiting aiding and abetting torture
also prohibit sending someone to a country where there is a
substantial likelihood they may be tortured. Article 3 of CAT
prohibits forced return where there is a ``substantial
likelihood'' that an individual ``may be in danger of''
torture, and has been implemented by federal statute. Article
7 of the ICCPR prohibits return to country of origin where
individuals may be ``at risk'' of either torture or cruel,
inhuman or degrading treatment.
Under international Human Rights law, transferring a POW to
any nation where he or she is likely to be tortured or
inhumanely treated violates Article 12 of the Third Geneva
Convention, and transferring any civilian who is a protected
person under the Fourth Geneva Convention is a grave breach
and a criminal act.
In situations of armed conflict, both international human
rights law and humanitarian law apply. A person captured in
the zone of military hostilities ``must have some status
under international law; he is either a prisoner of war and,
as such, covered by the Third Convention, [or] a civilian
covered by the Fourth Convention. . . . There is no
intermediate status; nobody in enemy hands can be outside the
law.'' Although the state is obligated to repatriate
Prisoners of War as soon as hostilities cease, the ICRC's
commentary on the 1949 Conventions states that prisoners
should not be repatriated where there are serious reasons for
fearing that repatriating the individual would be contrary to
general principles of established international law for the
protection of human beings Thus, all of the Guantanamo
detainees as well as renditioned captives are protected by
international human rights protections and humanitarian law.
By his actions as outlined above, the President has abused
his power, broken the law, deceived the American people, and
placed American military personnel, and indeed all
Americans--especially those who may travel or live abroad--at
risk of similar treatment. Furthermore, in the eyes of the
rest of the world, the President has made the US, once a
model of respect for Human Rights and respect for the rule of
law, into a state where international law is neither
respected nor upheld.
In all of these actions and decisions in violation of
United States and International law, President George W. Bush
has acted in a manner contrary to his trust as President and
Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article XX.--IMPRISONING CHILDREN
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, authorized or permitted the
arrest and detention of at least 2500 children under the age
of 18 as ``enemy combatants'' in Iraq, Afghanistan, and at
Guantanamo Bay Naval Station in violation of the Fourth
Geneva Convention relating to the treatment of ``protected
persons'' and the Optional Protocol to the Geneva Convention
on the Rights of the Child on the Involvement of Children in
Armed Conflict, signed by the US in 2002 . To wit:
In May 2008, the US government reported to the United
Nations that it has been holding upwards of 2,500 children
under the age of 18 as ``enemy combatants'' at detention
centers in Iraq, Afghanistan and at Guantanamo Bay (where
there was a special center, Camp Iguana, established just for
holding children). The length of these detentions has
frequently exceeded a year, and in some cases has stretched
to five years. Some of these detainees have reached adulthood
in detention and are now not being reported as child
detainees because they are no longer children.
In addition to detaining children as ``enemy combatants,''
it has been widely reported in media reports that the US
military in Iraq has, based upon Pentagon rules of
engagement, been treating boys as young as 14 years of age as
``potential combatants,'' subject to arrest and even to being
killed. In Fallujah, in the days ahead of the November 2004
all-out assault, Marines ringing the city were reported to be
turning back into the city men and boys ``of combat age'' who
were trying to flee the impending scene of battle--an act
which in itself is a violation of the Geneva Conventions,
which require combatants to permit anyone, combatants as well
as civilians, to surrender, and to leave the scene of battle.
Under the Fourth Geneva Convention, to which the United
States has been a signatory since 1949, children under the
age of 15 captured in conflicts, even if they have been
fighting, are to be considered victims, not prisoners. In
2002, the United States signed the Optional Protocol to the
Geneva Convention on the Rights of the Child on the
Involvement of children in Armed Conflict, which raised this
age for this category of ``protected person'' to under 18.
The continued detention of such children, some as young as
10, by the US military is a violation of both convention and
protocol, and as such constitutes a war crime for which the
president, as commander in chief, bears full responsibility.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article XXI.--MISLEADING CONGRESS AND THE AMERICAN PEOPLE ABOUT THREATS
FROM IRAN, AND SUPPORTING TERRORIST ORGANIZATIONS WITHIN IRAN, WITH THE
GOAL OF OVERTHROWING THE IRANIAN GOVERNMENT
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty to take care that the
laws be faithfully executed, has both personally and acting
through his agents and subordinates misled the Congress and
the citizens of the United States about a threat of nuclear
attack from the nation of Iran.
The National Intelligence Estimate released to Congress and
the public on December 4, 2007, which confirmed that the
government of the nation of Iran had ceased any efforts to
develop nuclear weapons, was completed in 2006. Yet, the
president and his aides continued to suggest during 2007 that
such a nuclear threat was developing and might already exist.
National Security Adviser Stephen Hadley stated at the time
the National Intelligence Estimate regarding Iran was
released that the president had been briefed on its findings
``in the last few months.'' Hadley's statement establishes a
timeline that shows the president knowingly sought to deceive
Congress and the American people about a nuclear threat that
did not exist.
Hadley has stated that the president ``was basically told:
stand down'' and, yet, the president and his aides continued
to make false claims about the prospect that Iran was trying
to ``build a nuclear weapon'' that could lead to ``World War
III.''
This evidence establishes that the president actively
engaged in and had full knowledge of a campaign by his
administration to make a false ``case'' for an attack on
Iran, thus warping the national security debate at a critical
juncture and creating the prospect of an illegal and
unnecessary attack on a sovereign nation.
Even after the National Intelligence Estimate was released
to Congress and the American people, the president stated
that he did not believe anything had changed and suggested
that he and members of his administration would continue to
argue that Iran should be seen as posing a threat to the
United States. He did this despite the fact that United
States intelligence agencies had clearly and officially
stated that this was not the case.
Evidence suggests that the Bush Administration's attempts
to portray Iran as a threat are part of a broader U.S. policy
toward Iran. On September 30, 2001, then-Secretary of Defense
Donald Rumsfeld established an official military objective of
overturning the regime in Iran, as well as those in Iraq,
Syria, and four other countries in the Middle East, according
to a document quoted in then-Undersecretary of Defense for
Policy Douglas Feith's book, ``War and Decision.''
General Wesley Clark, reports in his book ``Winning Modern
Wars'' being told by a friend in the Pentagon in November
2001 that the list of governments that Rumsfeld and Deputy
Secretary of Defense Paul Wolfowitz planned to overthrow
included Iraq, Iran, Syria, Libya, Sudan, and Somalia. Clark
writes that the list also included Lebanon.
Journalist Gareth Porter reported in May 2008 asking Feith
at a public event which of the six regimes on the Clark list
were included in the Rumsfeld paper, to which Feith replied
``All of them.''
Rumsfeld's aides also drafted a second version of the
paper, as instructions to all military commanders in the
development of ``campaign plans against terrorism''. The
paper called for military commanders to assist other
government agencies ``as directed'' to ``encourage
populations dominated by terrorist organizations or their
supporters to overthrow that domination.''
In January 2005, Seymour Hersh reported in the New Yorker
Magazine that the Bush Administration had been conducting
secret reconnaissance missions inside Iran at least since the
summer of 2004.
In June 2005 former United Nations weapons inspector Scott
Ritter reported that
[[Page 11878]]
United States security forces had been sending members of the
Mujahedeen-e Khalq (MEK) into Iranian territory. The MEK has
been designated a terrorist organization by the United
States, the European Union, Canada, Iraq, and Iran. Ritter
reported that the United States Central Intelligence Agency
(CIA) had used the MEK to carry out remote bombings in Iran.
In April 2006, Hersh reported in the New Yorker Magazine
that U.S. combat troops had entered and were operating in
Iran, where they were working with minority groups including
the Azeris, Baluchis, and Kurds.
Also in April 2006, Larisa Alexandrovna reported on Raw
Story that the U.S. Department of Defense (DOD) was working
with and training the MEK, or former members of the MEK,
sending them to commit acts of violence in southern Iran in
areas where recent attacks had left many dead. Raw Story
reported that the Pentagon had adopted the policy of
supporting MEK shortly after the 2003 invasion of Iraq, and
in response to the influence of Vice President Richard B.
Cheney's office. Raw Story subsequently reported that no
Presidential finding, and no Congressional oversight, existed
on MEK operations.
In March 2007, Hersh reported in the New Yorker Magazine
that the Bush administration was attempting to stem the
growth of Shiite influence in the Middle East (specifically
the Iranian government and Hezbollah in Lebanon) by funding
violent Sunni organizations, without any Congressional
authorization or oversight. Hersh said funds had been given
to ``three Sunni jihadist groups . . . connected to al
Qaeda'' that ``want to take on Hezbollah.''
In April 2008, the Los Angeles Times reported that
conflicts with insurgent groups along Iran's borders were
understood by the Iranian government as a proxy war with the
United States and were leading Iran to support its allies
against the United States' occupation force in Iraq. Among
the groups the U.S. DOD is supporting, according to this
report, is the Party for Free Life in Kurdistan, known by its
Kurdish acronym, PEJAK. The United States has provided
``foodstuffs, economic assistance, medical supplies and
Russian military equipment, some of it funneled through
nonprofit groups.''
In May 2008, Andrew Cockburn reported on Counter Punch that
President Bush, six weeks earlier had signed a secret finding
authorizing a covert offensive against the Iranian regime.
President Bush's secret directive covers actions across an
area stretching from Lebanon to Afghanistan, and purports to
sanction actions up to and including the funding of
organizations like the MEK and the assassination of public
officials.
All of these actions by the president and his agents and
subordinates exhibit a disregard for the truth and a
recklessness with regard to national security, nuclear
proliferation and the global role of the United States
military that is not merely unacceptable but dangerous in a
commander-in-chief.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article XXII--CREATING SECRET LAWS
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, together with the Vice
President, established a body of secret laws through the
issuance of legal opinions by the Department of Justice's
Office of Legal Counsel (OLC).
The OLC's March 14, 2003, interrogation memorandum (``Yoo
Memorandum'') was declassified years after it served as law
for the executive branch. On April 29, 2008, House Judiciary
Committee Chairman John Conyers and Subcommittee on the
Constitution, Civil Rights and Civil Liberties Chairman
Jerrold Nadler wrote in a letter to Attorney General Michael
Mukasey:
``It appears to us that there was never any legitimate
basis for the purely legal analysis contained in this
document to be classified in the first place. The Yoo
Memorandum does not describe sources and methods of
intelligence gathering, or any specific facts regarding any
interrogation activities. Instead, it consists almost
entirely of the Department's legal views, which are not
properly kept secret from Congress and the American people.
J. William Leonard, the Director of the National Archive's
Office of Information Security Oversight Office, and a top
expert in this field concurs, commenting that `[t]he document
in question is purely a legal analysis' that contains
`nothing which would justify classification.' In addition,
the Yoo Memorandum suggests an extraordinary breadth and
aggressiveness of OLC's secret legal opinion-making. Much
attention has rightly been given to the statement in footnote
10 in the March 14, 2003, memorandum that, in an October 23,
2001, opinion, OLC concluded `that the Fourth Amendment had
no application to domestic military operations.' As you know,
we have requested a copy of that memorandum on no less than
four prior occasions and we continue to demand access to this
important document.
``In addition to this opinion, however, the Yoo Memorandum
references at least 10 other OLC opinions on weighty matters
of great interest to the American people that also do not
appear to have been released. These appear to cover matters
such as the power of Congress to regulate the conduct of
military commissions, legal constraints on the `military
detention of United States citizens,' legal rules applicable
to the boarding and searching foreign ships, the President's
authority to render U.S. detainees to the custody of foreign
governments, and the President's authority to breach or
suspend U.S. treaty obligations. Furthermore, it has been
more than five years since the Yoo Memorandum was authored,
raising the question how many other such memoranda and
letters have been secretly authored and utilized by the
Administration.
``Indeed, a recent court filing by the Department in FOIA
litigation involving the Central Intelligence Agency
identifies 8 additional secret OLC opinions, dating from
August 6, 2004, to February 18, 2007. Given that these
reflect only OLC memoranda identified in the files of the
CIA, and based on the sampling procedures under which that
listing was generated, it appears that these represent only a
small portion of the secret OLC memoranda generated during
this time, with the true number almost certainly much
higher.''
Senator Russ Feingold, in a statement during an April 30,
2008, senate hearing stated:
``It is a basic tenet of democracy that the people have a
right to know the law. In keeping with this principle, the
laws passed by Congress and the case law of our courts have
historically been matters of public record. And when it
became apparent in the middle of the 20th century that
federal agencies were increasingly creating a body of non-
public administrative law, Congress passed several statutes
requiring this law to be made public, for the express purpose
of preventing a regime of `secret law.' That purpose today is
being thwarted. Congressional enactments and agency
regulations are for the most part still public. But the law
that applies in this country is determined not only by
statutes and regulations, but also by the controlling
interpretations of courts and, in some cases, the executive
branch. More and more, this body of executive and judicial
law is being kept secret from the public, and too often from
Congress as well. . . .
``A legal interpretation by the Justice Department's Office
of Legal Counsel . . . binds the entire executive branch,
just like a regulation or the ruling of a court. In the words
of former OLC head Jack Goldsmith, `These executive branch
precedents are ``law'' for the executive branch.' The Yoo
memorandum was, for a nine-month period in 2003 until it was
withdrawn by Mr. Goldsmith, the law that this Administration
followed when it came to matters of torture. And of course,
that law was essentially a declaration that few if any laws
applied . . .
``Another body of secret law is the controlling
interpretations of the Fo reign Intelligence Surveillance Act
that are issued by the Foreign Intelligence Surveillance
Court. FISA, of course, is the law that governs the
government's ability in intelligence investigations to
conduct wiretaps and search the homes of people in the United
States. Under that statute, the FISA Court is directed to
evaluate wiretap and search warrant applications and decide
whether the standard for issuing a warrant has been met--a
largely factual evaluation that is properly done behind
closed doors. But with the evolution of technology and with
this Administration's efforts to get the Court's blessing for
its illegal wiretapping activities, we now know that the
Court's role is broader, and that it is very much engaged in
substantive interpretations of the governing statute. These
interpretations are as much a part of this country's
surveillance law as the statute itself. Without access to
them, it is impossible for Congress or the public to have an
informed debate on matters that deeply affect the privacy and
civil liberties of all Americans . . .
``The Administration's shroud of secrecy extends to agency
rules and executive pronouncements, such as Executive Orders,
that carry the force of law. Through the diligent efforts of
my colleague Senator Whitehouse, we have learned that OLC has
taken the position that a President can `waive' or `modify' a
published Executive Order without any notice to the public or
Congress simply by not following it.''
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
[[Page 11879]]
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as
President, and subversive of constitutional government, to
the prejudice of the cause of law and justice and to the
manifest injury of the people of the United States.
Wherefore, President George W. Bush, by such conduct, is
guilty of an impeachable offense warranting removal from
office.
Article XXIII--VIOLATION OF THE POSSE COMITATUS ACT
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, repeatedly and illegally
established programs to appropriate the power of the military
for use in law enforcement. Specifically, he has contravened
U.S.C. Title 18, Section 1385, originally enacted in 1878,
subsequently amended as ``Use of Army and Air Force as Posse
Comitatus'' and commonly known as the Posse Comitatus Act.
The Act states:
``Whoever, except in cases and under circumstances
expressly authorized by the Constitution or Act of Congress,
willfully uses any part of the Army or the Air Force as a
posse comitatus or otherwise to execute the laws shall be
fined under this title or imprisoned not more than two years,
or both.''
The Posse Comitatus Act is designed to prevent the military
from becoming a national police force.
The Declaration of Independence states as a specific
grievance against the British that the King had ``kept among
us, in times of peace, Standing Armies without the consent of
our legislatures,'' had ``affected to render the Military
independent of and superior to the civil power,'' and had
``quarter[ed] large bodies of armed troops among us . . .
protecting them, by a mock trial, from punishment for any
murders which they should commit on the inhabitants of these
States''
Despite the Posse Comitatus Act's intent, and in
contravention of the law, President Bush:
(a) has used military forces for law enforcement purposes
on U.S. border patrol;
(b) has established a program to use military personnel for
surveillance and information on criminal activities;
(c) is using military espionage equipment to collect
intelligence information for law enforcement use on civilians
within the United States; and
(d) employs active duty military personnel in surveillance
agencies, including the Central Intelligence Agency (CIA).
In June 2006, President Bush ordered National Guard troops
deployed to the border shared by Mexico with Arizona, Texas,
and California. This deployment, which by 2007 reached a
maximum of 6,000 troops, had orders to ``conduct surveillance
and operate detection equipment, work with border entry
identification teams, analyze information, assist with
communications and give administrative support to the Border
Patrol'' and concerned ``. . . providing intelligence,
inspecting cargo, and conducting surveillance.''
The Air Force's ``Eagle Eyes'' program encourages Air Force
military staff to gather evidence on American citizens. Eagle
Eyes instructs Air Force personnel to engage in surveillance
and then advises them to ``alert local authorities,'' asking
military staff to surveil and gather evidence on public
citizens. This contravenes DoD Directive 5525.5 ``SUBJECT:
DoD Cooperation with Civilian Law Enforcement'' which limits
such activities.
President Bush has implemented a program to use imagery
from military satellites for domestic law enforcement through
the National Applications Office.
President Bush has assigned numerous active duty military
personnel to civilian institutions such as the CIA and the
Department of Homeland Security, both of which have
responsibilities for law enforcement and intelligence.
In addition, on May 9, 2007, President Bush released
``National Security Presidential Directive/NSPD 51,'' which
effectively gives the president unchecked power to control
the entire government and to define that government in time
of an emergency, as well as the power to determine whether
there is an emergency. The document also contains
``classified Continuity Annexes.'' In July 2007 and again in
August 2007 Rep. Peter DeFazio, a senior member of the House
Homeland Security Committee, sought access to the classified
annexes. DeFazio and other leaders of the Homeland Security
Committee, including Chairman Bennie Thompson, have been
denied a review of the Continuity of Government classified
annexes.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article XXIV.--SPYING ON AMERICAN CITIZENS, WITHOUT A COURT-ORDERED
WARRANT, IN VIOLATION OF THE LAW AND THE FOURTH AMENDMENT
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed,'' has both personally and acting through
his agents and subordinates, knowingly violated the fourth
Amendment to the Constitution and the Foreign Intelligence
Service Act of 1978 (FISA) by authorizing warrantless
electronic surveillance of American citizens to wit:
(1) The President was aware of the FISA Law requiring a
court order for any wiretap as evidenced by the following:
(A) ``Now, by the way, any time you hear the United States
government talking about wiretap, it requires--a wiretap
requires a court order. Nothing has changed, by the way. When
we're talking about chasing down terrorists, we're talking
about getting a court order before we do so.'' White House
Press conference on April 20, 2004. [White House Transcript]
(B) ``Law enforcement officers need a federal judge's
permission to wiretap a foreign terrorist's phone, or to
track his calls, or to search his property. Officers must
meet strict standards to use any of the tools we're talking
about.'' President Bush's speech in Baltimore Maryland on
July 20th 2005. [White House Transcript]
(2) The President repeatedly ordered the NSA to place
wiretaps on American citizens without requesting a warrant
from FISA as evidenced by the following:
(A) ``Months after the Sept. 11 attacks, President Bush
secretly authorized the National Security Agency to eavesdrop
on Americans and others inside the United States to search
for evidence of terrorist activity without the court-approved
warrants ordinarily required for domestic spying, according
to government officials.'' New York Times article by James
Risen and Eric Lichtblau on December 12, 2005. [NYTimes]
(B) The President admits to authorizing the program by
stating ``I have reauthorized this program more than 30 times
since the September the 11th attacks, and I intend to do so
for as long as our nation faces a continuing threat from al
Qaeda and related groups. The NSA's activities under this
authorization are thoroughly reviewed by the Justice
Department and NSA's top legal officials, including NSA's
general counsel and inspector general. Leaders in Congress
have been briefed more than a dozen times on this
authorization and the activities conducted under it.'' Radio
Address from the White House on December 17, 2005. [White
House Transcript]
(C) In a December 19th 2005 press conference the President
publicly admitted to using a combination of surveillance
techniques including some with permission from the FISA
courts and some without permission from FISA.
Reporter: It was, why did you skip the basic safeguards of
asking courts for permission for the intercepts?
The President: . . . We use FISA still--you're referring to
the FISA court in your question--of course, we use FISAs. But
FISA is for long-term monitoring. What is needed in order to
protect the American people is the ability to move quickly to
detect. Now, having suggested this idea, I then, obviously,
went to the question, is it legal to do so? I am--I swore to
uphold the laws. Do I have the legal authority to do this?
And the answer is, absolutely. As I mentioned in my remarks,
the legal authority is derived from the Constitution, as well
as the authorization of force by the United States
Congress.'' [White House Transcript]
(D) Mike McConnel, the Director of National Intelligence,
in a letter to to Senator Arlen Specter, acknowledged that
Bush's Executive Order in 2001 authorized a series of secret
surveillance activities and included undisclosed activities
beyond the warrantless surveillance of e-mails and phone
calls that Bush confirmed in December 2005. ``NSA Spying Part
of Broader Effort'' by Dan Eggen, Washington Post, 8/1/07.
(3) The President ordered the surveillance to be conducted
in a way that would spy upon private communications between
American citizens located within the United States borders as
evidenced by the following:
(A) Mark Klein, a retired AT&T communications technician,
submitted an affidavit in support of the Electronic Frontier
Foundation's FF's lawsuit against AT&T. He testified that in
2003 he connected a ``splitter'' that sent a copy of Internet
traffic and phone calls to a secure room that was operated by
the NSA in the San Francisco office of AT&T. He heard from a
co-worker that similar rooms were being constructed in other
cities, including Seattle, San Jose, Los Angeles and San
Diego. From ``Whistle-Blower Outs NSA Spy Room,'' Wired News,
4/7/06 [Wired] [EFF Case]
(4) The President asserted an inherent authority to conduct
electronic surveillance
[[Page 11880]]
based on the Constitution and the ``Authorization to use
Military Force in Iraq'' (AUMF) that was not legally valid as
evidenced by the following:
(A) In a December 19th, 2005 Press Briefing General Alberto
Gonzales admitted that the surveillance authorized by the
President was not only done without FISA warrants, but that
the nature of the surveillance was so far removed from what
FISA can approve that FISA could not even be amended to allow
it. Gonzales stated ``We have had discussions with Congress
in the past--certain members of Congress--as to whether or
not FISA could be amended to allow us to adequately deal with
this kind of threat, and we were advised that that would be
difficult, if not impossible.''.
(B) The fourth amendment to the United States Constitution
states ``The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.''
(C) ``The Foreign Intelligence Surveillance Act of 1978
unambiguously limits warrantless domestic electronic
surveillance, even in a congressionally declared war, to the
first 15 days of that war; criminalizes any such electronic
surveillance not authorized by statute; and expressly
establishes FISA and two chapters of the federal criminal
code, governing wiretaps for intelligence purposes and for
criminal investigation, respectively, as the ``exclusive
means by which electronic surveillance . . . and the
interception of domestic wire, oral, and electronic
communications may be conducted.'' 50 U.S.C. 1811, 1809, 18
U.S.C. 2511(2)(f).'' Letter from Harvard Law Professor
Lawrence Tribe to John Conyers on 1/6/06.
(D) In a December 19th, 2005 Press Briefing Attorney
General Alberto Gonzales stated ``Our position is, is that
the authorization to use force, which was passed by the
Congress in the days following September 11th, constitutes
that other authorization, that other statute by Congress, to
engage in this kind of signals intelligence.''
(E) The ``Authorization to use Military Force in Iraq''
does not give any explicit authorization related to
electronic surveillance. [HJRes114]
(F) ``From the foregoing analysis, it appears unlikely that
a court would hold that Congress has expressly or impliedly
authorized the NSA electronic surveillance operations here
under discussion, and it would likewise appear that, to the
extent that those surveillances fall within the definition of
``electronic surveillance'' within the meaning of FISA or any
activity regulated under Title III, Congress intended to
cover the entire field with these statutes.'' From the
``Presidential Authority to Conduct Warrantless Electronic
Surveillance to Gather Foreign Intelligence Information'' by
the Congressional Research Service on January 5, 2006.
(G) ``The inescapable conclusion is that the AUMF did not
implicitly authorize what the FISA expressly prohibited. It
follows that the presidential program of surveillance at
issue here is a violation of the separation of powers--as
grave an abuse of executive authority as I can recall ever
having studied.'' Letter from Harvard Law Professor Lawrence
Tribe to John Conyers on 1/6/06.
(H) On August 17, 2006 Judge Anna Diggs Taylor of the
United States District Court in Detroit, in ACLU v. NSA,
ruled that the ``NSA program to wiretap the international
communications of some Americans without a court warrant
violated the Constitution. . . . Judge Taylor ruled that the
program violated both the Fourth Amendment and a 1978 law
that requires warrants from a secret court for intelligence
wiretaps involving people in the United States. She rejected
the administration's repeated assertions that a 2001
Congressional authorization and the president's
constitutional authority allowed the program.'' From a New
York Times article ``Judge Finds Wiretap Actions Violate the
Law'' 8/18/06 and the Memorandum Opinion.
(I) In July 2007, the Sixth Circuit Court of Appeals
dismissed the case, ruling the plaintiffs had no standing to
sue because, given the secretive nature of the surveillance,
they could not state with certainty that they have been
wiretapped by the NSA. This ruling did not address the
legality of the surveillance so Judge Taylor's decision is
the only ruling on that issue. [ACLU Legal Documents]
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
article xxv.--directing telecommunications companies to create an
illegal and unconstitutional database of the private telephone numbers
and emails of american citizens
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed,'' has both personally and acting through
his agents and subordinates, violated the Stored
Communications Act of 1986 and the Telecommunications Act of
1996 by creating of a very large database containing
information related to the private telephone calls and emails
of American citizens, to wit:
The President requested that telecommunication companies
release customer phone records to the government illegally as
evidenced by the following:
``The Stored Communications Act of 1986 (SCA) prohibits the
knowing disclosure of customer telephone records to the
government unless pursuant to subpoena, warrant or a National
Security Letter (or other Administrative subpoena); with the
customers lawful consent; or there is a business necessity;
or an emergency involving the danger of death or serious
physical injury. None of these exceptions apply to the
circumstance described in the USA Today story.'' From page
169, ``George W Bush versus the US Constitution.'' Compiled
at the direction of Representative John Conyers.
According to a May 11, 2006 article in USA Today by Lesley
Cauley ``The National Security Agency has been secretly
collecting the phone call records of tens of millions of
Americans, using data provided by AT&T, Verizon and
BellSouth.'' An unidentified source said `The agency's goal
is to create a database of every call ever made within the
nation's borders.''
In early 2001, Qwest CEO Joseph Nacchio rejected a request
from the NSA to turn over customers records of phone calls,
emails and other Internet activity. Nacchio believed that
complying with the request would violate the
Telecommunications Act of 1996. From National Journal,
November 2, 2007.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
article xxvi.--announcing the intent to violate laws with signing
statements, and violating those laws
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed,'' has used signing statements to claim
the right to violate acts of Congress even as he signs them
into law.
In June 2007, the Government Accountability Office reported
that in a sample of Bush signing statements the office had
studied, for 30 percent of them the Bush administration had
already proceeded to violate the laws the statements claimed
the right to violate.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article XXVII.--FAILING TO COMPLY WITH CONGRESSIONAL SUBPOENAS AND
INSTRUCTING FORMER EMPLOYEES NOT TO COMPLY
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed,'' has both personally and acting through
his agents and subordinates, refused to comply with
Congressional subpoenas, and instructed former employees not
to comply with subpoenas.
Subpoenas not complied with include:
A House Judiciary Committee subpoena for Justice Department
papers and Emails, issued April 10, 2007;
A House Oversight and Government Reform Committee subpoena
for the testimony of the Secretary of State, issued April 25,
2007;
A House Judiciary Committee subpoena for the testimony of
former White House Counsel Harriet Miers and documents,
issued June 13, 2007;
A Senate Judiciary Committee subpoena for documents and
testimony of White House Chief of Staff Joshua Bolten, issued
June 13, 2007;
[[Page 11881]]
A Senate Judiciary Committee subpoena for documents and
testimony of White House Political Director Sara Taylor,
issued June 13, 2007 (Taylor appeared but refused to answer
questions);
A Senate Judiciary Committee subpoena for documents and
testimony of White House Deputy Chief of Staff Karl Rove,
issued June 26, 2007;
A Senate Judiciary Committee subpoena for documents and
testimony of White House Deputy Political Director J. Scott
Jennings, issued June 26, 2007 (Jennings appeared but refused
to answer questions);
A Senate Judiciary Committee subpoena for legal analysis
and other documents concerning the NSA warrantless
wiretapping program from the White House, Vice President
Richard Cheney, The Department of Justice, and the National
Security Council. If the documents are not produced, the
subpoena requires the testimony of White House chief of staff
Josh Bolten, Attorney General Alberto Gonzales, Cheney chief
of staff David Addington, National Security Council executive
director V. Philip Lago, issued June 27, 2007;
A House Oversight and Government Reform Committee subpoena
for Lt. General Kensinger.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article XXVIII.--TAMPERING WITH FREE AND FAIR ELECTIONS, CORRUPTION OF
THE ADMINISTRATION OF JUSTICE
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed,'' has both personally and acting through
his agents and subordinates, conspired to undermine and
tamper with the conduct of free and fair elections, and to
corrupt the administration of justice by United States
Attorneys and other employees of the Department of Justice,
through abuse of the appointment power.
Toward this end, the President and Vice President, both
personally and through their agents, did:
Engage in a program of manufacturing false allegations of
voting fraud in targeted jurisdictions where the Democratic
Party enjoyed an advantage in electoral performance or
otherwise was problematic for the President's Republican
Party, in order that public confidence in election results
favorable to the Democratic Party be undermined;
Direct United States Attorneys to launch and announce
investigations of certain leaders, candidates and elected
officials affiliated with the Democratic Party at times
calculated to cause the most political damage and confusion,
most often in the weeks immediately preceding an election, in
order that public confidence in the suitability for office of
Democratic Party leaders, candidates and elected officials be
undermined;
Direct United States Attorneys to terminate or scale back
existing investigations of certain Republican Party leaders,
candidates and elected officials allied with the George W.
Bush administration, and to refuse to pursue new or proposed
investigations of certain Republican Party leaders,
candidates and elected officials allied with the George W.
Bush administration, in order that public confidence in the
suitability of such Republican Party leaders, candidates and
elected officials be bolstered or restored;
Threaten to terminate the employment of the following
United States Attorneys who refused to comply with such
directives and purposes;
David C. Iglesias as U.S. Attorney for the District of New
Mexico;
Kevin V. Ryan as U.S. Attorney for the Northern District of
California;
John L. McKay as U.S. Attorney for the Western District of
Washington;
Paul K. Charlton as U.S. Attorney for the District of
Arizona;
Carol C. Lam as U.S. Attorney for the Southern District of
California;
Daniel G. Bogden as U.S. Attorney for the District of
Nevada;
Margaret M. Chiara as U.S. Attorney for the Western
District of Michigan;
Todd Graves as U.S. Attorney for the Western District of
Missouri;
Harry E. ``Bud'' Cummins, III as U.S. Attorney for the
Eastern District of Arkansas;
Thomas M. DiBiagio as U.S. Attorney for the District of
Maryland, and;
Kasey Warner as U.S. Attorney for the Southern District of
West Virginia.
Further, George W. Bush has both personally and acting
through his agents and subordinates, together with the Vice
President conspired to obstruct the lawful Congressional
investigation of these dismissals of United States Attorneys
and the related scheme to undermine and tamper with the
conduct of free and fair elections, and to corrupt the
administration of justice.
Contrary to his oath faithfully to execute the office of
President of the United States and, to the best of his
ability, preserve, protect, and defend the Constitution of
the United States, and in violation of his constitutional
duty to take care that the laws be faithfully executed,
George W. Bush has without lawful cause or excuse directed
not to appear before the Committee on the Judiciary of the
House of Representatives certain witnesses summoned by duly
authorized subpoenas issued by that Committee on June 13,
2007.
In refusing to permit the testimony of these witnesses
George W. Bush, substituting his judgment as to what
testimony was necessary for the inquiry, interposed the
powers of the Presidency against the lawful subpoenas of the
House of Representatives, thereby assuming to himself
functions and judgments necessary to the exercise of the
checking and balancing power of oversight vested in the House
of Representatives.
Further, the President has both personally and acting
through his agents and subordinates, together with the Vice
President directed the United States Attorney for the
District of Columbia to decline to prosecute for contempt of
Congress the aforementioned witnesses, Joshua B. Bolten and
Harriet E. Miers, despite the obligation to do so as
established by statute (2 USC Sec. 194) and pursuant to the
direction of the United States House of Representatives as
embodied in its resolution (H. Res. 982) of February 14,
2008.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article XXIX.--CONSPIRACY TO VIOLATE THE VOTING RIGHTS ACT OF 1965
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed,'' has both personally and acting through
his agents and subordinates, has willfully corrupted and
manipulated the electoral process of the United States for
his personal gain and the personal gain of his co-
conspirators and allies; has violated the United States
Constitution and law by failing to protect the civil rights
of African-American voters and others in the 2004 Election,
and has impeded the right of the people to vote and have
their vote properly and accurately counted, in that:
A. On November 5, 2002, and prior thereto, James Tobin,
while serving as the regional director of the National
Republican Senatorial Campaign Committee and as the New
England Chairman of Bush-Cheney '04 Inc., did, at the
direction of the White House under the administration of
George W. Bush, along with other agents both known and
unknown, commit unlawful acts by aiding and abetting a scheme
to use computerized hang-up calls to jam phone lines set up
by the New Hampshire Democratic Party and the Manchester
firefighters' union on Election Day;
B. An investigation by the Democratic staff of the House
Judiciary Committee into the voting procedures in Ohio during
the 2004 election found ``widespread instances of
intimidation and misinformation in violation of the Voting
Rights Act, the Civil Rights Act of 1968, Equal Protection,
Due Process and the Ohio right to vote;''
C. The 14th Amendment Equal Protection Clause guarantees
that no minority group will suffer disparate treatment in a
federal, state, or local election in stating that: ``No State
shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws.''
However, during and at various times of the year 2004, John
Kenneth Blackwell, then serving as the Secretary of State for
the State of Ohio and also serving simultaneously as Co-
Chairman of the Committee to Re-Elect George W. Bush in the
State of Ohio, did, at the direction of the White House under
the administration of George W. Bush, along with other agents
both known and unknown, commit unlawful acts in violation of
the Equal Protection Clause of the 14th Amendment to the
United States Constitution by failing to protect the voting
rights of African-American citizens in Ohio and further, John
Kenneth Blackwell did disenfranchise African-American voters
under color of law, by
(i) Willfully denying certain neighborhoods in the cities
of Cleveland, Ohio and Columbus, Ohio, along with other urban
areas in the State of Ohio, an adequate number of electronic
voting machines and provisional paper ballots, thereby
unlawfully impeding
[[Page 11882]]
duly registered voters from the act of voting and thus
violating the civil rights of an unknown number of United
States citizens.
a. In Franklin County, George W. Bush and his agent, Ohio
Secretary of State John Kenneth Blackwell, Co-Chair of the
Bush-Cheney Re-election Campaign, failed to protect the
rights of African-American voters by not properly
investigating the withholding of 125 electronic voting
machines assigned to the city of Columbus.
b. Forty-two African-American precincts in Columbus were
each missing one voting machine that had been present in the
2004 primary.
c. African-American voters in the city of Columbus were
forced to wait three to seven hours to vote in the 2004
presidential election.
(ii) Willfully issuing unclear and conflicting rules
regarding the methods and manner of becoming a legally
registered voter in the State of Ohio, and willfully issuing
unclear and unnecessary edicts regarding the weight of paper
registration forms legally acceptable to the State of Ohio,
thereby creating confusion for both voters and voting
officials and thus impeding the right of an unknown number of
United States citizens to register and vote.
a. Ohio Secretary of State John Kenneth Blackwell directed
through Advisory 2004-31 that voter registration forms, which
were greatest in urban minority areas, should not be accepted
and should be returned unless submitted on 80 bond paper
weight. Blackwell's own office was found to be using 60 bond
paper weight.
(iii) Willfully permitted and encouraged election officials
in Cleveland, Cincinnati and Toledo to conduct a massive
partisan purge of registered voter rolls, eventually
expunging more than 300,000 voters, many of whom were duly
registered voters, and who were thus deprived of their
constitutional right to vote;
a. Between the 2000 and 2004 Ohio presidential elections,
24.93% of the voters in the city of Cleveland, a city with a
majority of African American citizens, were purged from the
voting rolls.
b. In that same period, the Ohio county of Miami, with
census data indicating a 98% Caucasian population, refused to
purge any voters from its rolls. Miami County ``merged''
voters from other surrounding counties into its voting rolls
and even allowed voters from other states to vote.
c. In Toledo, Ohio, an urban city with a high African-
American concentration, 28,000 voters were purged from the
voting rolls in August of 2004, just prior to the
presidential election. This purge was conducted under the
control and direction of George W. Bush's agent, Ohio
Secretary of State John Kenneth Blackwell outside of the
regularly established cycle of purging voters in odd-numbered
years.
(iv) Willfully allowing Ohio Secretary of State John
Kenneth Blackwell, acting under color of law and as an agent
of George W. Bush, to issue a directive that no votes would
be counted unless cast in the right precinct, reversing
Ohio's long-standing practice of counting votes for president
if cast in the right county.
(v) Willfully allowing his agent, Ohio Secretary of State
John Kenneth Blackwell, the Co-Chair of the Bush-Cheney Re-
election Campaign, to do nothing to assure the voting rights
of 10,000 people in the city of Cleveland when a computer
error by the private vendor Diebold Election Systems, Inc.
incorrectly disenfranchised 10,000 voters
(vi) Willfully allowing his agent, Ohio Secretary of State
John Kenneth Blackwell, the Co-Chair of the Bush-Cheney Re-
election Campaign, to ensure that uncounted and provisional
ballots in Ohio's 2004 presidential election would be
disproportionately concentrated in urban African-American
districts.
a. In Ohio's Lucas County, which includes Toledo, 3,122 or
41.13% of the provisional ballots went uncounted under the
direction of George W. Bush's agent, the Secretary of State
of Ohio, John Kenneth Blackwell, Co-Chair of the Committee to
Re-Elect Bush/Cheney in Ohio.
b. In Ohio's Cuyahoga County, which includes Cleveland,
8,559 or 32.82% of the provisional ballots went uncounted.
c. In Ohio's Hamilton County, which includes Cincinnati,
3,529 or 24.23% of the provisional ballots went uncounted.
d. Statewide, the provisional ballot rejection rate was 9%
as compared to the greater figures in the urban areas.
D. The Department of Justice, charged with enforcing the
Voting Rights Act of 1965, the 14th Amendment's Equal
Protection Clause, and other voting rights laws in the United
States of America, under the direction and Administration of
George W. Bush did willfully and purposely obstruct and
stonewall legitimate criminal investigations into myriad
cases of reported electoral fraud and suppression in the
state of Ohio. Such activities, carried out by the department
on behalf of George W. Bush in counties such as Franklin and
Knox by persons such as John K. Tanner and others, were meant
to confound and whitewash legitimate legal criminal
investigations into the suppression of massive numbers of
legally registered voters and the removal of their right to
cast a ballot fairly and freely in the state of Ohio, which
was crucial to the certified electoral victory of George W.
Bush in 2004.
E. On or about November 1, 2006, members of the United
States Department of Justice, under the control and direction
of the Administration of George W. Bush, brought indictments
for voter registration fraud within days of an election, in
order to directly effect the outcome of that election for
partisan purposes, and in doing so, thereby violated the
Justice Department's own rules against filing election-
related indictments close to an election;
F. Emails have been obtained showing that the Republican
National Committee and members of Bush-Cheney '04 Inc., did,
at the direction of the White House under the administration
of George W. Bush, engage in voter suppression in five states
by a method know as ``vote caging,'' an illegal voter
suppression technique;
G. Agents of George W. Bush, including Mark F. ``Thor''
Hearne, the national general counsel of Bush/Cheney '04,
Inc., did, at the behest of George W. Bush, as members of a
criminal front group, distribute known false information and
propaganda in the hopes of forwarding legislation and other
actions that would result in the disenfranchisement of
Democratic voters for partisan purposes. The scheme, run
under the auspices of an organization known as ``The American
Center for Voting Rights'' (ACVR), was funded by agents of
George W. Bush in violation of laws governing tax exempt
501(c)3 organizations and in violation of federal laws
forbidding the distribution of such propaganda by the federal
government and agents working on its behalf.
H. Members of the United States Department of Justice,
under the control and direction of the Administration of
George W. Bush, did, for partisan reasons, illegally and with
malice aforethought block career attorneys and other
officials in the Department of Justice from filing three
lawsuits charging local and county governments with violating
the voting rights of African-Americans and other minorities,
according to seven former senior United States Justice
Department employees.
I. Members of the United States Department of Justice,
under the control and direction of the Administration of
George W. Bush, did illegally and with malice aforethought
derail at least two investigations into possible voter
discrimination, according to a letter sent to the Senate
Rules and Administration Committee and written by former
employees of the United States Department of Justice, Voting
Rights Section.
J. Members of the United States Election Assistance
Commission (EAC), under the control and direction of the
Administration of George W. Bush, have purposefully and
willfully misled the public, in violation of several laws,
by;
(i) Withholding from the public and then altering a legally
mandated report on the true measure and threat of Voter
Fraud, as commissioned by the EAC and completed in June 2006,
prior to the 2006 mid-term election, but withheld from
release prior to that election when its information would
have been useful in the administration of elections across
the country, because the results of the statutorily required
and tax-payer funded report did not conform with the illegal,
partisan propaganda efforts and politicized agenda of the
Bush Administration;
(ii) Withholding from the public a legally mandated report
on the disenfranchising effect of Photo Identification laws
at the polling place, shown to disproportionately
disenfranchise voters not of George W. Bush's political
party. The report was commissioned by the EAC and completed
in June 2006, prior to the 2006 mid-term election, but
withheld from release prior to that election when its
information would have been useful in the administration of
elections across the country
(iii) Withholding from the public a legally mandated report
on the effectiveness of Provisional Voting as commissioned by
the EAC and completed in June 2006, prior to the 2006 mid-
term election, but withheld from release prior to that
election when its information would have been useful in the
administration of elections across the country, and keeping
that report unreleased for more than a year until it was
revealed by independent media outlets.
For directly harming the rights and manner of suffrage, for
suffering to make them secret and unknowable, for overseeing
and participating in the disenfranchisement of legal voters,
for instituting debates and doubts about the true nature of
elections, all against the will and consent of local voters
affected, and forced through threats of litigation by agents
and agencies overseen by George W. Bush, the actions of Mr.
Bush to do the opposite of securing and guaranteeing the
right of the people to alter or abolish their government via
the electoral process, being a violation of an inalienable
right, and an immediate threat to Liberty.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest
[[Page 11883]]
injury of the people of the United States. Wherefore,
President George W. Bush, by such conduct, is guilty of an
impeachable offense warranting removal from office.
ARTICLE XXX.--MISLEADING CONGRESS AND THE AMERICAN PEOPLE IN AN ATTEMPT
TO DESTROY MEDICARE
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, together with the Vice
President, pursued policies which deliberately drained the
fiscal resources of Medicare by forcing it to compete with
subsidized private insurance plans which are allowed to
arbitrarily select or not select those they will cover;
failing to provide reasonable levels of reimbursements to
Medicare providers, thereby discouraging providers from
participating in the program, and designing a Medicare Part D
benefit without cost controls which allowed pharmaceutical
companies to gouge the American taxpayers for the price of
prescription drugs.
The President created, manipulated, and disseminated
information given to the citizens and Congress of the United
States in support of his prescription drug plan for Medicare
that enriched drug companies while failing to save
beneficiaries sufficient money on their prescription drugs.
He misled Congress and the American people into thinking the
cost of the benefit was $400 billion. It was widely
understood that if the cost exceeded that amount, the bill
would not pass due to concerns about fiscal irresponsibility.
A Medicare Actuary who possessed information regarding the
true cost of the plan, $539 billion, was instructed by the
Medicare Administrator to deny Congressional requests for it.
The Actuary was threatened with sanctions if the information
was disclosed to Congress, which, unaware of the information,
approved the bill. Despite the fact that official cost
estimates far exceeded $400 billion, President Bush offered
assurances to Congress that the cost was $400 billion, when
his office had information to the contrary. In the House of
Representatives, the bill passed by a single vote and the
Conference Report passed by only 5 votes. The White House
knew the actual cost of the drug benefit was high enough to
prevent its passage. Yet the White House concealed the truth
and impeded an investigation into its culpability.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
Article XXXI.--KATRINA: FAILURE TO PLAN FOR THE PREDICTED DISASTER OF
HURRICANE KATRINA, FAILURE TO RESPOND TO A CIVIL EMERGENCY
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, failed to take sufficient action
to protect life and property prior to and in the face of
Hurricane Katrina in 2005, given decades of foreknowledge of
the dangers of storms to New Orleans and specific forewarning
in the days prior to the storm. The President failed to
prepare for predictable and predicted disasters, failed to
respond to an immediate need of which he was informed, and
has subsequently failed to rebuild the section of our nation
that was destroyed.
Hurricane Katrina killed at least 1,282 people, with 2
million more displaced. 302,000 housing units were destroyed
or damaged by the hurricane, 71% of these were low-income
units. More than 500 sewage plants were destroyed, more than
170 point-source leakages of gasoline, oil, or natural gas,
more than 2000 gas stations submerged, several chemical
plants, 8 oil refineries, and a superfund site was submerged.
8 million gallons of oil were spilled. Toxic materials seeped
into floodwaters and spread through much of the city and
surrounding areas.
The predictable increased strength of hurricanes such as
Katrina has been identified by scientists for years, and yet
the Bush Administration has denied this science and
restricted such information from official reports,
publications, and the National Oceanic and Atmospheric
Agency's website. Donald Kennedy, editor-in-chief of Science,
wrote in 2006 that ``hurricane intensity has increased with
oceanic surface temperatures over the past 30 years. The
physics of hurricane intensity growth . . . has clarified and
explained the thermodynamic basis for these observations.
[Kerry] Emanuel has tested this relationship and presented
convincing evidence.''
FEMA's 2001 list of the top three most likely and most
devastating disasters were a San Francisco earthquake, a
terrorist attack on New York, and a Category 4 hurricane
hitting New Orleans, with New Orleans being the number one
item on that list. FEMA conducted a five-day hurricane
simulation exercise in 2004, ``Hurricane Pam,'' mimicking a
Katrina-like event. This exercise combined the National
Weather Service, the U.S. Army Corps of Engineers, the LSU
Hurricane Center and other state and federal agencies,
resulting in the development of emergency response plans. The
exercise demonstrated, among other things, that thousands of
mainly indigent New Orleans residents would be unable to
evacuate on their own. They would need substantial government
assistance. These plans, however, were not implemented in
part due to the President's slashing of funds for protection.
In the year before Hurricane Katrina hit, the President
continued to cut budgets and deny grants to the Gulf Coast.
In June of 2004 the Army Corps of Engineers levee budget for
New Orleans was cut, and it was cut again in June of 2005,
this time by $71.2 million or a whopping 44% of the budget.
As a result, ACE was forced to suspend any repair work on the
levees. In 2004 FEMA denied a Louisiana disaster mitigation
grant request.
The President was given multiple warnings that Hurricane
Katrina had a high likelihood of causing serious damage to
New Orleans and the Gulf Coast. At 10 AM on Sunday 28 August
2005, the day before the storm hit, the National Weather
Service published an alert titled ``DEVASTATING DAMAGE
EXPECTED.'' Printed in all capital letters, the alert stated
that ``MOST OF THE AREA WILL BE UNINHABITABLE FOR WEEKS . . .
PERHAPS LONGER. AT LEAST ONE HALF OF WELL CONSTRUCTED HOMES
WILL HAVE ROOF AND WALL FAILURE. . . . POWER OUTAGES WILL
LAST FOR WEEKS. . . . WATER SHORTAGES WILL MAKE HUMAN
SUFFERING INCREDIBLE BY MODERN STANDARDS.''
The Homeland Security Department also briefed the President
on the scenario, warning of levee breaches and severe
flooding. According to the New York Times, ``a Homeland
Security Department report submitted to the White House at
1:47 a.m. on Aug. 29, hours before the storm hit, said, `Any
storm rated Category 4 or greater will likely lead to severe
flooding and/or levee breaching.' '' These warnings clearly
contradict the statements made by President Bush immediately
after the storm that such devastation could not have been
predicted. On 1 September 2005 the President said ``I don't
think anyone anticipated the breach of the levees.''
The President's response to Katrina via FEMA and DHS was
criminally delayed, indifferent, and inept. The only FEMA
employee posted in New Orleans in the immediate aftermath of
Hurricane Katrina, Marty Bahamonde, emailed head of FEMA
Michael Brown from his Blackberry device on August 31, 2005
regarding the conditions. The email was urgent and detailed
and indicated that ``The situation is past critical . . .
Estimates are many will die within hours.'' Brown's reply was
emblematic of the administration's entire response to the
catastrophe: ``Thanks for the update. Anything specific I
need to do or tweak?'' The Secretary of Homeland Security,
Michael Chertoff, did not declare an emergency, did not
mobilize the federal resources, and seemed to not even know
what was happening on the ground until reporters told him.
On Friday August 26, 2005, Governor Kathleen Blanco
declared a State of Emergency in Louisiana and Governor Haley
Barbour of Mississippi followed suit the next day. Also on
that Saturday, Governor Blanco asked the President to declare
a Federal State of Emergency, and on 28 August 2005, the
Sunday before the storm hit, Mayor Nagin declared a State of
Emergency in New Orleans. This shows that the local
authorities, responding to federal warnings, knew how bad the
destruction was going to be and anticipated being
overwhelmed. Failure to act under these circumstances
demonstrates gross negligence.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and Commander in Chief, and subversive of constitutional
government, to the prejudice of the cause of law and justice
and to the manifest injury of the people of the United
States. Wherefore, President George W. Bush, by such conduct,
is guilty of an impeachable offense warranting removal from
office.
ARTICLE XXXII.--MISLEADING CONGRESS AND THE AMERICAN PEOPLE,
SYSTEMATICALLY UNDERMINING EFFORTS TO ADDRESS GLOBAL CLIMATE CHANGE
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and
[[Page 11884]]
subordinates, together with the Vice President, ignored the
peril to life and property posed by global climate change,
manipulated scientific information and mishandled protective
policy, constituting nonfeasance and malfeasance in office,
abuse of power, dereliction of duty, and deception of
Congress and the American people.
President Bush knew the expected effects of climate change
and the role of human activities in driving climate change.
This knowledge preceded his first Presidential term.
1. During his 2000 Presidential campaign, he promised to
regulate carbon dioxide emissions.
2. In 2001, the Intergovernmental Panel on Climate Change,
a global body of hundreds of the world's foremost experts on
climate change, concluded that ``most of observed warming
over last 50 years (is) likely due to increases in greenhouse
gas concentrations due to human activities.'' The Third
Assessment Report projected several effects of climate change
such as continued ``widespread retreat'' of glaciers, an
``increase threats to human health, particularly in lower
income populations, predominantly within tropical/subtropical
countries,'' and ``water shortages.''
3. The grave danger to national security posed by global
climate change was recognized by the Pentagon's Defense
Advanced Planning Research Projects Agency in October of
2003. An agency-commissioned report ``explores how such an
abrupt climate change scenario could potentially de-stabilize
the geo-political environment, leading to skirmishes,
battles, and even war due to resource constraints such as: 1)
Food shortages due to decreases in net global agricultural
production 2) Decreased availability and quality of fresh
water in key regions due to shifted precipitation patters,
causing more frequent floods and droughts 3) Disrupted access
to energy supplies due to extensive sea ice and storminess.''
4. A December 2004 paper in Science reviewed 928 studies
published in peer reviewed journals to determine the number
providing evidence against the existence of a link between
anthropogenic emissions of carbon dioxide and climate change.
``Remarkably, none of the papers disagreed with the consensus
position.''
5. The November 2007 Inter-Governmental Panel on Climate
Change (IPCC) Fourth Assessment Report showed that global
anthropogenic emissions of greenhouse gasses have increased
70% between 1970 and 2004, and anthropogenic emissions are
very likely the cause of global climate change. The report
concluded that global climate change could cause the
extinction of 20 to 30 percent of species in unique
ecosystems such as the polar areas and biodiversity hotspots,
increase extreme weather events especially in the developing
world, and have adverse effects on food production and fresh
water availability.
The President has done little to address this most serious
of problems, thus constituting an abuse of power and criminal
neglect. He has also actively endeavored to undermine efforts
by the federal government, states, and other nations to take
action on their own.
1. In March 2001, President Bush announced the U.S. would
not be pursuing ratification of the Kyoto Protocol, an
international effort to reduce greenhouse gasses. The United
States is the only industrialized nation that has failed to
ratify the accord.
2. In March of 2008, Representative Henry Waxman wrote to
EPA Administrator Stephen Johnson: ``In August 2003, the Bush
Administration denied a petition to regulate CO2 emissions
from motor vehicles by deciding that CO2 was not a pollutant
under the Clean Air Act. In April 2007, the U.S. Supreme
Court overruled that determination in Massachusetts v. EPA.
The Supreme Court wrote that `If EPA makes a finding of
endangerment, the Clean Air Act requires the agency to
regulate emissions of the deleterious pollutant from new
motor vehicles.' The EPA then conducted an extensive
investigation involving 60-70 staff who concluded that `CO2
emissions endanger both human health and welfare.' These
findings were submitted to the White House, after which work
on the findings and the required regulations was halted.''
3. A Memo to Members of the Committee on Oversight and
Government Reform on May 19, 2008 stated ``The record before
the Committee shows: (1) the career staff at EPA unanimously
supported granting California's petition (to be allowed to
regulate greenhouse gas emissions from cars and trucks,
consistent with California state law); (2) Stephen Johnson,
the Administrator of EPA, also supported granting
California's petition at least in part; and (3) Administrator
Johnson reversed his position after communications with
officials in the White House.''
The President has suppressed the release of scientific
information related to global climate change, an action which
undermines Congress' ability to legislate and provide
oversight, and which has thwarted efforts to prevent global
climate change despite the serious threat that it poses.
1. In February, 2001, ExxonMobil wrote a memo to the White
House outlining ways to influence the outcome of the Third
Assessment report by the Intergovernmental Panel on Climate
Change. The memo opposed the reelection of Dr. Robert Watson
as the IPCC Chair. The White House then supported an
opposition candidate, who was subsequently elected to replace
Dr. Watson.
2. The New York Times on January 29, 2006, reported that
James Hansen, NASA's senior climate scientist was warned of
``dire consequences'' if he continued to speak out about
global climate change and the need for reducing emissions of
associated gasses. The Times also reported that: ``At climate
laboratories of the National Oceanic and Atmospheric
Administration, for example, many scientists who routinely
took calls from reporters five years ago can now do so only
if the interview is approved by administration officials in
Washington, and then only if a public affairs officer is
present or on the phone.''
3. In December of 2007, the House Committee on Oversight
and Government Reform issued a report based on 16 months of
investigation and 27,000 pages of documentation. According to
the summary: ``The evidence before the Committee leads to one
inescapable conclusion: the Bush Administration has engaged
in a systematic effort to manipulate climate change science
and mislead policy makers and the public about the dangers of
global warming.'' The report described how the White House
appointed former petroleum industry lobbyist Phil Cooney as
head of the Council on Environmental Quality. The report
states ``There was a systematic White House effort to
minimize the significance of climate change by editing
climate change reports. CEQ Chief of Staff Phil Cooney and
other CEQ officials made at least 294 edits to the
Administration's Strategic Plan of the Climate Change Science
Program to exaggerate or emphasize scientific uncertainties
or to de-emphasize or diminish the importance of the human
role in global warming.''
4. On April 23, 2008, Representative Henry Waxman wrote a
letter to EPA Administrator Stephen L Johnson. In it he
reported: ``Almost 1,600 EPA scientists completed the Union
of Concerned Scientists survey questionnaire. Over 22 percent
of these scientists reported that `selective or incomplete
use of data to justify a specific regulatory outcome'
occurred `frequently' or `occasionally' at EPA. Ninety-four
EPA scientists reported being frequently or occasionally
directed to inappropriately exclude or alter technical
information from an EPA scientific document. Nearly 200 EPA
scientists said that they have frequently or occasionally
been in situations in which scientists have actively objected
to, resigned from or removed themselves from a project
because of pressure to change scientific findings.''
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as President
and subversive of constitutional government, to the prejudice
of the cause of law and justice and to the manifest injury of
the people of the United States. Wherefore, President George
W. Bush, by such conduct, is guilty of an impeachable offense
warranting removal from office.
Article XXXIII.--REPEATEDLY IGNORED AND FAILED TO RESPOND TO HIGH LEVEL
INTELLIGENCE WARNINGS OF PLANNED TERRORIST ATTACKS IN THE US, PRIOR TO
911
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, together with the Vice
President, failed in his Constitutional duties to take proper
steps to protect the nation prior to September 11, 2001.
The White House's top counter-terrorism adviser, Richard A.
Clarke, has testified that from the beginning of George W.
Bush's presidency until September 11, 2001, Clarke attempted
unsuccessfully to persuade President Bush to take steps to
protect the nation against terrorism. Clarke sent a
memorandum to then-National Security Advisor Condoleezza Rice
on January 24, 2001, ``urgently'' but unsuccessfully
requesting ``a Cabinet-level meeting to deal with the
impending al Qaeda attack.''
In April 2001, Clarke was finally granted a meeting, but
only with second-in-command department representatives,
including Deputy Secretary of Defense Paul Wolfowitz, who
made light of Clarke's concerns.
Clarke confirms that in June, July, and August 2001, the
Central Intelligence Agency (CIA) warned the president in
daily briefings of unprecedented indications that a major al
Qaeda attack was going to happen against the United States
somewhere in the world in the weeks and months ahead. Yet,
Clarke was still unable to convene a cabinet-level meeting to
address the issue.
Condoleezza Rice has testified that George Tenet met with
the president 40 times to warn him that a major al-Qaeda
attack was going to take place, and that in response the
president did not convene any meetings of top officials. At
such meetings, the FBI could have shared information on
possible
[[Page 11885]]
terrorists enrolled at flight schools. Among the many
preventive steps that could have been taken, the Federal
Aviation Administration, airlines, and airports might have
been put on full alert.
According to Condoleezza Rice, the first and only cabinet-
level meeting prior to 9/11 to discuss the threat of
terrorist attacks took place on September 4, 2001, one week
before the attacks in New York and Washington.
On August 6, 2001, President Bush was presented a
President's Daily Brief (PDB) article titled ``Bin Laden
Determined to Strike in U.S.'' The lead sentence of that PDB
article indicated that Bin Laden and his followers wanted to
``follow the example of World Trade Center bomber Ramzi
Yousef and `bring the fighting to America.' '' The article
warned: ``Al-Qa'ida members--including some who are US
citizens--have resided in or traveled to the US for years,
and the group apparently maintains a support structure that
could aid attacks.''
The article cited a ``more sensational threat reporting
that Bin Laden wanted to hijack a US aircraft,'' but
indicated that the CIA had not been able to corroborate such
reporting. The PDB item included information from the FBI
indicating ``patterns of suspicious activity in this country
consistent with preparations for hijackings or other types of
attacks, including recent surveillance of federal buildings
in New York.'' The article also noted that the CIA and FBI
were investigating ``a call to our embassy in the UAE in May
saying that a group of Bin Laden supporters was in the US
planning attacks with explosives.''
The president spent the rest of August 6, and almost all
the rest of August 2001 on vacation. There is no evidence
that he called any meetings of his advisers to discuss this
alarming report. When the title and substance of this PDB
article were later reported in the press, then-National
Security Adviser Condoleezza Rice began a sustained campaign
to play down its significance, until the actual text was
eventually released by the White House.
New York Times writer Douglas Jehl, put it this way: ``In a
single 17-sentence document, the intelligence briefing
delivered to President Bush in August 2001 spells out the
who, hints at the what and points towards the where of the
terrorist attacks on New York and Washington that followed 36
days later.''
Eleanor Hill, Executive Director of the joint congressional
committee investigating the performance of the US
intelligence community before September 11, 2001, reported in
mid-September 2002 that intelligence reports a year earlier
``reiterated a consistent and constant theme: Osama bin
Laden's intent to launch terrorist attacks inside the United
States.''
That joint inquiry revealed that just two months before
September 11, an intelligence briefing for ``senior
government officials'' predicted a terrorist attack with
these words: ``The attack will be spectacular and designed to
inflict mass casualties against U.S. facilities or interests.
Attack preparations have been made. Attack will occur with
little or no warning.''
Given the White House's insistence on secrecy with regard
to what intelligence was given to President Bush, the joint-
inquiry report does not divulge whether he took part in that
briefing. Even if he did not, it strains credulity to suppose
that those ``senior government officials'' would have kept
its alarming substance from the president.
Again, there is no evidence that the president held any
meetings or took any action to deal with the threats of such
attacks.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as
President, and subversive of constitutional government, to
the prejudice of the cause of law and justice and to the
manifest injury of the people of the United States.
Wherefore, President George W. Bush, by such conduct, is
guilty of an impeachable offense warranting removal from
office.
article xxxiv.--obstruction of investigation into the attacks of
september 11, 2001
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, together with the Vice
President, obstructed investigations into the attacks on the
World Trade Center and Pentagon on September 11, 2001.
Following September 11, 2001, President Bush and Vice
President Cheney took strong steps to thwart any and all
proposals that the circumstances of the attack be addressed.
Then-Secretary of State Colin Powell was forced to renege on
his public promise on September 23 that a ``White Paper''
would be issued to explain the circumstances. Less than two
weeks after that promise, Powell apologized for his
``unfortunate choice of words,'' and explained that Americans
would have to rely on ``information coming out in the press
and in other ways.''
On Sept. 26, 2001, President Bush drove to Central
Intelligence Agency (CIA) headquarters in Langley, Virginia,
stood with Director of Central Intelligence George Tenet and
said: ``My report to the nation is, we've got the best
intelligence we can possibly have thanks to the men and women
of the C.I.A.'' George Tenet subsequently and falsely claimed
not to have visited the president personally between the
start of Bush's long Crawford vacation and September 11,
2001.
Testifying before the 9/11 Commission on April 14, 2004,
Tenet answered a question from Commission member Timothy
Roemer by referring to the president's vacation (July 29-
August 30) in Crawford and insisting that he did not see the
president at all in August 2001. ``You never talked with
him?'' Roemer asked. ``No,'' Tenet replied, explaining that
for much of August he too was ``on leave.'' An Agency
spokesman called reporters that same evening to say Tenet had
misspoken, and that Tenet had briefed Bush on August 17 and
31. The spokesman explained that the second briefing took
place after the president had returned to Washington, and
played down the first one, in Crawford, as uneventful.
In his book, At the Center of the Storm, (2007) Tenet
refers to what is almost certainly his August 17 visit to
Crawford as a follow-up to the ``Bin Laden Determined to
Strike in the US'' article in the CIA-prepared President's
Daily Brief of August 6. That briefing was immortalized in a
Time Magazine photo capturing Harriet Myers holding the PDB
open for the president, as two CIA officers sit by. It is the
same briefing to which the president reportedly reacted by
telling the CIA briefer, ``All right, you've covered your ass
now.'' (Ron Suskind, The One-Percent Doctrine, p. 2, 2006).
In At the Center of the Storm, Tenet writes: ``A few weeks
after the August 6 PDB was delivered, I followed it to
Crawford to make sure that the president stayed current on
events.''
A White House press release suggests Tenet was also there a
week later, on August 24. According to the August 25, 2001,
release, President Bush, addressing a group of visitors to
Crawford on August 25, told them: ``George Tenet and I,
yesterday, we piled in the new nominees for the Chairman of
the Joint Chiefs, the Vice Chairman and their wives and went
right up the canyon.''
In early February 2002, Vice President Dick Cheney warned
then-Senate Majority Leader Tom Daschle that if Congress went
ahead with an investigation, administration officials might
not show up to testify. As pressure grew for an
investigation, the president and vice president agreed to the
establishment of a congressional joint committee to conduct a
``Joint Inquiry.'' Eleanor Hill, Executive Director of the
Inquiry, opened the Joint Inquiry's final public hearing in
mid-September 2002 with the following disclaimer: ``I need to
report that, according to the White House and the Director of
Central Intelligence, the president's knowledge of
intelligence information relevant to this inquiry remains
classified, even when the substance of the intelligence
information has been declassified.''
The National Commission on Terrorist Attacks, also known as
the 9/11 Commission, was created on November 27, 2002,
following the passage of congressional legislation signed
into law by President Bush. The President was asked to
testify before the Commission. He refused to testify except
for one hour in private with only two Commission members,
with no oath administered, with no recording or note taking,
and with the Vice President at his side. Commission Co-Chair
Lee Hamilton has written that he believes the commission was
set up to fail, was underfunded, was rushed, and did not
receive proper cooperation and access to information.
A December 2007 review of classified documents by former
members of the Commission found that the commission had made
repeated and detailed requests to the CIA in 2003 and 2004
for documents and other information about the interrogation
of operatives of Al Qaeda, and had been told falsely by a top
C.I.A. official that the agency had ``produced or made
available for review'' everything that had been requested.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as
President, and subversive of constitutional government, to
the prejudice of the cause of law and justice and to the
manifest injury of the people of the United States.
Wherefore, President George W. Bush, by such conduct, is
guilty of an impeachable offense warranting removal from
office.
Article xxxv.--endangering the health of 9/11 first responders
In his conduct while President of the United States, George
W. Bush, in violation of his constitutional oath to
faithfully execute the office of President of the United
States and, to the best of his ability, preserve, protect,
and defend the Constitution of the United States, and in
violation of his constitutional duty under Article II,
Section 3 of the Constitution ``to take care that the laws be
faithfully executed'', has both personally and acting through
his agents and subordinates, together with the Vice
President, recklessly endangered the health of
[[Page 11886]]
first responders, residents, and workers at and near the
former location of the World Trade Center in New York City.
The Inspector General of the Environmental Protection
Agency (EPA) August 21, 2003, report numbered 2003-P-00012
and entitled ``EPA's Response to the World Trade Center
Collapse: Challenges, Successes, and Areas for Improvement,''
includes the following findings:
``[W]hen EPA made a September 18 announcement that the air
was `safe' to breathe, it did not have sufficient data and
analyses to make such a blanket statement. At that time, air
monitoring data was lacking for several pollutants of
concern, including particulate matter and polychlorinated
biphenyls (PCBs). Furthermore, The White House Council on
Environmental Quality (CEQ) influenced, through the
collaboration process, the information that EPA communicated
to the public through its early press releases when it
convinced EPA to add reassuring statements and delete
cautionary ones.
``As a result of the White House CEQ's influence, guidance
for cleaning indoor spaces and information about the
potential health effects from WTC debris were not included in
EPA-issued press releases. In addition, based on CEQ's
influence, reassuring information was added to at least one
press release and cautionary information was deleted from
EPA's draft version of that press release . . . The White
House's role in EPA's public communications about WTC
environmental conditions was described in a September 12,
2001, e-mail from the EPA Deputy Administrator's Chief of
Staff to senior EPA officials:
`` `All statements to the media should be cleared through
the NSC [National Security Council] before they are
released.'
``According to the EPA Chief of Staff, one particular CEQ
official was designated to work with EPA to ensure that
clearance was obtained through NSC. The Associate
Administrator for the EPA Office of Communications,
Education, and Media Relations (OCEMR) said that no press
release could be issued for a 3- to 4-week period after
September 11 without approval from the CEQ contact.''
Acting EPA Administrator Marianne Horinko, who sat in on
EPA meetings with the White House, has said in an interview
that the White House played a coordinating role. The National
Security Council played the key role, filtering incoming data
on ground zero air and water, Horinko said: ``I think that
the thinking was, these are experts in WMD (weapons of mass
destruction), so they should have the coordinating role.''
In the cleanup of the Pentagon following September 11,
2001, Occupational Safety and Health Administration laws were
enforced, and no workers became ill. At the World Trade
Center site, the same laws were not enforced.
In the years since the release of the EPA Inspector
General's above-cited report, the Bush Administration has
still not effected a clean-up of the indoor air in apartments
and workspaces near the site.
Screenings conducted at the Mount Sinai Medical Center and
released in the September 10, 2004, Morbidity and Mortality
Weekly Report (MMWR) of the federal Centers For Disease
Control and Prevention (CDC), produced the following results:
``Both upper and lower respiratory problems and mental
health difficulties are widespread among rescue and recovery
workers who dug through the ruins of the World Trade Center
in the days following its destruction in the attack of
September 11, 2001.
``An analysis of the screenings of 1,138 workers and
volunteers who responded to the World Trade Center disaster
found that nearly three-quarters of them experienced new or
worsened upper respiratory problems at some point while
working at Ground Zero. And half of those examined had upper
and/or lower respiratory symptoms that persisted up to the
time of their examinations, an average of eight months after
their WTC efforts ended.''
A larger study released in 2006 found that roughly 70
percent of nearly 10,000 workers tested at Mount Sinai from
2002 to 2004 reported that they had new or substantially
worsened respiratory problems while or after working at
ground zero. This study showed that many of the respiratory
ailments, including sinusitis and asthma, and
gastrointestinal problems related to them, initially reported
by ground zero workers persisted or grew worse over time.
Most of the ground zero workers in the study who reported
trouble breathing while working there were still having those
problems two and a half years later, an indication of chronic
illness unlikely to improve over time.
In all of these actions and decisions, President George W.
Bush has acted in a manner contrary to his trust as
President, and subversive of constitutional government, to
the prejudice of the cause of law and justice and to the
manifest injury of the people of the United States.
Wherefore, President George W. Bush, by such conduct, is
guilty of an impeachable offense warranting removal from
office.
The SPEAKER pro tempore (Mr. Ellison). Under rule IX, a resolution
offered from the floor by a Member other than the majority leader or
the minority leader as a question of the privileges of the House has
immediate precedence only at a time designated by the Chair within 2
legislative days after the resolution is properly noticed.
Pending that designation, the form of the resolution noticed by the
gentleman from Ohio will appear in the Record at this point.
The Chair will not, at this point, determine whether the resolution
constitutes a question of privilege. That determination will be made at
the time designated for the consideration of the resolution.
____________________
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.
____________________
LEAVE OF ABSENCE
By unanimous consent, leave of absence was granted to:
Ms. Harman (at the request of Mr. Hoyer) for today on account of
official business.
Mr. McDermott (at the request of Mr. Hoyer) for today.
Mr. Meek of Florida (at the request of Mr. Hoyer) for today.
Mr. Ortiz (at the request of Mr. Hoyer) for today and the balance of
the week on account of business in district.
Mr. Lucas (at the request of Mr. Boehner) for today on account of
weather conditions.
Mr. Pearce (at the request of Mr. Boehner) for today on account of
traveling on business.
____________________
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 Mr. Kucinich) to revise and
extend their remarks and include extraneous material:)
Mr. Cummings, for 5 minutes, today.
Ms. Woolsey, for 5 minutes, today.
Mr. DeFazio, for 5 minutes, today.
Ms. Kaptur, for 5 minutes, today.
____________________
SENATE BILL REFERRED
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 2482. An act to repeal the provision of title 346,
United States Code, requiring a license for employment in the
business of salvaging on the coast of Florida; to the
Committee on Transportation and Infrastructure.
____________________
SENATE ENROLLED BILL SIGNED
The Speaker announced her signature to an enrolled bill of the Senate
of the following title:
S. 2420. An act 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.
____________________
BILL PRESENTED TO THE PRESIDENT
Lorraine C. Miller, Clerk of the House reports that on June 6, 2008
she presented to the President of the United States, for his approval,
the following bill.
H.R. 6081. To amend the Internal Revenue Code of 1986 to
provide benefits for military personnel, and for other
purposes.
____________________
ADJOURNMENT
Mr. KUCINICH. Mr. Speaker, I move that the House do now adjourn.
The motion was agreed to; accordingly (at 11 o'clock and 55 minutes
p.m.), under its previous order, the House adjourned until tomorrow,
Tuesday, June 10, 2008, at 9 a.m. for morning-hour debate.
____________________
EXECUTIVE COMMUNICATIONS, ETC.
Under clause 8 of rule XII, executive communications were taken from
the Speaker's table and referred as follows:
[[Page 11887]]
6996. A letter from the Deputy Secretary, Department of
Defense, transmitting the Department's Annual Developing
Countries Combined Exercise Program Report of Expenditures,
pursuant to 10 U.S.C. 2010; to the Committee on Armed
Services.
6997. A letter from the 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. 08-06 concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance to Spain for defense articles and services; to the
Committee on Armed Services.
6998. A letter from the Under Secretary for Personnel and
Readiness, Department of Defense, transmitting a letter on
the approved retirement of General Michael B. Hayden, United
States Air Force, and his advancement to the grade of general
on the retired list; to the Committee on Armed Services.
6999. A letter from the General Counsel, Department of
Defense, transmitting a copy of legislative proposals as part
of the National Defense Authorization Bill for Fiscal Year
2009; to the Committee on Armed Services.
7000. A letter from the Deputy Under Secretary for
Acquisition and Technology, Department of Defense,
transmitting a report pursuant to Section 813 of the National
Defense Authorization Act for Fiscal Year 2006, Pub. L. 109-
360; to the Committee on Armed Services.
7001. A letter from the Principal Deputy Under Secretary
for Personnel and Readiness, Department of Defense,
transmitting the Department's notification of its intention
to close the Defense commissary stores at Idar-Oberstein and
Dexheim, Germany; to the Committee on Armed Services.
7002. A letter from the Deputy Chief of Legislative
Affairs, Department of the Navy, Department of Defense,
transmitting the Department's Contract Awarded for Seaport
Enhanced (Seaport-E) Acquisition Program for Services
Procurements; to the Committee on Armed Services.
7003. A letter from the Secretary, Department of Commerce,
transmitting a six-month report prepared by the Department of
Commerce's Bureau of Industry and Security on the national
emergency declared by Executive Order 13222 of August 17,
2001, and continued on August 14, 2002, August 7, 2003,
August 6, 2004, August 2, 2005, August 6, 2006, and August
15, 2007 to deal with the threat to the national security,
foreign policy, and economy of the United States caused by
the lapse of the Export Administration Act of 1979, pursuant
to 50 U.S.C. 1641(c); to the Committee on Foreign Affairs.
7004. 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. 09-08 informing of
an intent to sign a cooperative test and evaluation project
arrangement between the United States and the United Kingdom,
pursuant to 22 U.S.C. 2767(f); to the Committee on Foreign
Affairs.
7005. A letter from the Secretary, Department of the
Treasury, transmitting a six month periodic report on the
national emergency with respect to Belarus that was declared
in Executive Order 13405 of June 16, 2006, pursuant to 50
U.S.C. 1641(c); to the Committee on Foreign Affairs.
7006. 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 Governments of the United Kingdom
and Greece (Transmittal No. DDTC 116-07); to the Committee on
Foreign Affairs.
7007. 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 to
the Government of Thailand (Transmittal No. DDTC 039-08); to
the Committee on Foreign Affairs.
7008. 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
005-08); to the Committee on Foreign Affairs.
7009. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Department's
report on United States contributions to the United Nations
and United Nations affiliated agencies and related bodies for
fiscal years 2006 and 2007, pursuant to Public Law 109-364,
section 1225; to the Committee on Foreign Affairs.
7010. A letter from the U.S. Global AIDS Coordinator,
Department of State, transmitting the Department's report on
the Use of Generic Drugs in the President's Emergency Plan
for AIDS Relief, pursuant to Public Law 110-197; to the
Committee on Foreign Affairs.
7011. A letter from the U.S. Global AIDS Coordinator,
Department of State, transmitting the Department's report on
Food Security in the President's Emergency Plan for AIDS
Relief, pursuant to Public Law 110-197; to the Committee on
Foreign Affairs.
7012. A letter from the U.S. Global AIDS Coordinator,
Department of State, transmitting the Department's report on
Health Care Worker Training in the President's Emergency Plan
for AIDS Relief, pursuant to Public Law 110-197; to the
Committee on Foreign Affairs.
7013. A letter from the District of Columbia Auditor,
Office of the District of Columbia Auditor, transmitting a
report entitled, ``Letter Report: Results of Auditor's Review
of Quality Assurance Practices Related to Certain Congregate
Care Providers,'' pursuant to D.C. Code section 47-117(d); to
the Committee on Oversight and Government Reform.
7014. A letter from the District of Columbia Auditor,
Office of the District of Columbia Auditor, transmitting a
report entitled, ``Auditor's Examination of Contract Cost and
Administration for the Integrated Tax System,'' pursuant to
D.C. Code section 47-117(d); to the Committee on Oversight
and Government Reform.
7015. A letter from the Chairperson, Committee for Purchase
From People Who Are Blind or Severely Disabled, transmitting
a copy of a proposed bill to amend the Javits-Wagner-O'Day
Act; to the Committee on Oversight and Government Reform.
7016. A letter from the EEO and Diversity Programs,
National Archives and Records Administration, transmitting
the Administration's annual report pursuant to the
Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 for Fiscal Year 2007; to the
Committee on Oversight and Government Reform.
7017. A letter from the Director, Office of Personnel
Management, transmitting the Office's Annual Privacy Activity
Report to Congress for 2007, pursuant to Public Law 108-447,
section 522; to the Committee on Oversight and Government
Reform.
7018. A letter from the Director, Pension Benefit Guaranty
Corporation, transmitting Pursuant to Title II, Section 203,
of the Notification and Federal Employee Antidiscrimination
and Retaliation Act of 2002, the Corporation's Annual Report
for FY 2007; to the Committee on Oversight and Government
Reform.
7019. A letter from the Senior Vice President, Tennessee
Valley Authority, transmitting the Authority's FY 2007 Annual
Report required by Section 203 of the Notification and
Federal Antidiscrimination and Retaliation Act of 2002, Pub.
L. 107-174; to the Committee on Oversight and Government
Reform.
7020. A letter from the Assistant Secretary, Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule -- Marine Mammals; Incidental
Take During Specified Activities [FWS-R7-FHC-2008-0040]
[71490-1351-0000-L5] (RIN: 1018-AU41) received June 4, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Natural Resources.
7021. A letter from the Assistant Secretary, Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule -- 2008-2009 Refuge-Specific
Hunting and Sport Fishing Regulations (RIN: 1018-AU61)
received May 30, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Natural Resources.
7022. A letter from the Chief, Branch of Listing,
Endangered Species, Department of the Interior, transmitting
the Department's final rule -- Endangered and Threatened
Wildlife and Plants; Determination of Threatened Status for
the Polar Bear (Ursus maritimus) Throughout Its Range [FWS-
R7-ES-2008-0038] [111 FY07 MO-B2] (RIN: 1018-AV19) received
May 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Natural Resources.
7023. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Final Rule:
Special Local Regulations Concerning Fireworks Displays in
Norwich and Middletown, Connecticut [Docket No. USCG-2007-
0111] (RIN: 1625-AA08) received May 29, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
7024. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Drawbridge
Operation Regulation; Upper Mississippi River, Rock Island,
IL, Quad Cities Heart Walk [USCG-2008-0036] received May 29,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
7025. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Drawbridge
Operation Regulations; Chelsea River, Chelsea and East
Boston, MA [Docket No. USCG-2008-0001] received May 29, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
7026. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Firework Events;
Great Lake annual Firework Events. [Docket No. USCG-2008-
0219] (RIN: 1625-AA00) received May 29, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
[[Page 11888]]
7027. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Drawbridge
Operation Regulations; Arkansas Waterway, Little Rock, AR,
Operation Change [Docket No. USCG-2007-0043] (RIN: 1625-AA09)
received May 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
7028. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety zone;
Colorado River, Parker, AZ [Docket No. USCG-2007-0145] (RIN:
1625-AA00) received May 29, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
7029. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone;
Colorado River, Parker, AZ [Docket No. USCG-2007-0140] (RIN:
1625-AA00) received May 29, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
7030. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Implementation of
Vessel Security Officer Training and Certification
Requirements -- International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers, 1978,
as amended. [Docket No. USCG-2008-0028] (RIN: 1625-AB26)
received May 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
7031. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Special Local
Regulations for Marine Events; Western Branch, Elizabeth
River, Portsmouth, VA [Docket No. USCG-2008-0074] (RIN: 1625-
AA08) received May 29, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
7032. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Special Local
Regulations; Recurring Marine Events in the Fifth Coast Guard
District [Docket No. USCG-2007-0147] (RIN: 1625-AA08)
received May 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
7033. A letter from the Senior Counsel, Office of Chief
Counsel for Import Administration, Department of Commerce,
transmitting the Department's final rule -- Import
Administration, Withdrawal of Regulations Governing the
Treatment of Subcontractors (``Tolling'' Operations) [Docket
No. 080225304-8463-01] (RIN: 0625-AA77) received May 29,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
7034. A letter from the Administrator, Office of Workforce
Security, Department of Labor, transmitting the Department's
final rule -- Immediate Deposit and Withdrawal Standards --
Intercept of Refunds of Erroneous Employer Contributions --
received May 14, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
7035. A letter from the Chief, Publications and Regulations
Branch, Internal Revenue Service, transmitting the Service's
final rule -- COORDINATED ISSUE PAPER ALL INDUSTRIES STATE
AND LOCAL TAX INCENTIVES UIL: 118.01-02 [LMSB-04-0408-023]
received May 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
7036. A letter from the Chief, Publications and Regulations
Branch, Internal Revenue Service, transmitting the Service's
final rule -- Treatment of Property Used to Acquire Parent
Stock in Certain Triangular Reorganizations Involving Foreign
Corporations [TD 9400] (RIN: 1545-BG97) received May 29,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
7037. A letter from the Chief, Publications and Regulations
Branch, Internal Revenue Service, transmitting the Service's
final rule -- Coordinated Issue Paper Blue Cross Blue Shield/
Health Insurance; Life Insurance Conversion of Nonprofit
Organizations UILs: 162.02-00, 162.05-03, 265,.00-00 [LMSB-
04-0408-024] received June 5, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
7038. A letter from the Chief, Publications and Regulations
Branch, Internal Revenue Service, transmitting the Service's
final rule -- Research Credit Claims Audit Techniques Guide:
Credit for Increasing Research Activities IRC 41 [LMSB-04-
0508-030] received June 4, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
7039. A letter from the Chief, Publications and
Regulations, Internal Revenue Service, transmitting the
Service's final rule -- Section 446.-General Rule for Methods
of Accounting 26 CFR 1.446-1: General rule for methods of
accounting. (Also 118) (Rev. Rul. 2008-30) received June 5,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
7040. A letter from the Social Security Regulations
Officer, Social Security Administration, transmitting the
Administration's final rule -- Parent-to-Child Deeming From
Stepparents [Docket No. SSA 2007-0070] (RIN: 0960-AF96)
received May 30, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
7041. A letter from the Program Manager, Department of
Health and Human Services, transmitting the Department's
final rule -- Medicare and Medicaid Programs; Hospice
Conditions of Participation [CMS-3844-F] (RIN: 0938-AH27)
received May 28, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
jointly to the Committees on Energy and Commerce and Ways and
Means.
____________________
REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as
follows:
[Submitted on June 9, 2008]
Mr. GORDON of Tennessee: Committee on Science and
Technology. H.R. 6063. A bill to authorize the programs of
the National Aeronautics and Space Administration, and for
other purposes; with an amendment (Rept. 110-702). Referred
to the Committee of the Whole House on the State of the
Union.
Ms. MATSUI: Committee on Rules. House Resolution 1253.
Resolution providing for the consideration of the bill (H.R.
6003) to reauthorize Amtrak, and for other purposes (Rept.
110-703). Referred to the House Calendar.
discharge of committee
[The following actions occurred on June 6, 2008]
Pursuant to clause 2 of rule XII the Committees on Energy and
Commerce and Ways and Means discharged from further consideration. H.R.
1328 referred to the Committee of the Whole House on the State of the
Union.
Pursuant to clause 2 of rule XII the Committee on the Judiciary
discharged from further consideration. H.R. 6028 referred to the
Committee of the Whole House on the State of the Union.
____________________
REPORTED BILL SEQUENTIALLY REFERRED
Under clause 2 of rule XII, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
Mr. RAHALL: Committee on Natural Resources. H.R. 5618. A
bill to reauthorize and amend the National Sea Grant College
Program Act, and for other purposes, with an amendment;
referred to the Committee on Science and Technology for a
period ending not later than July 11, 2008, for consideration
of such provisions of the bill and amendment as fall within
the jurisdiction of that committee pursuant to clause 1(o),
rule X (Rept. 110-701, Pt. 1). Ordered to be printed.
____________________
TIME LIMITATION OF REFERRED BILL
Pursuant to clause 2 of rule XII the following action was taken by
the Speaker:
(The following action occurred on June 6, 2008)
H.R. 948. Referral to the Committee on Ways and Means
extended for a period ending not later than July 11, 2008.
____________________
PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XII, public bills and resolutions were
introduced and severally referred, as follows:
By Mr. MANZULLO (for himself and Mr. Michaud):
H.R. 6206. A bill to establish the Small Business
Information Security Task Force, and for other purposes; to
the Committee on Small Business.
By Mr. AKIN:
H.R. 6207. A bill to develop American energy independence,
lower gas prices, and open reliable national sources of
energy; to the Committee on Energy and Commerce, and in
addition to the Committees on Ways and Means, Rules, and
Natural Resources, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. AKIN:
H.R. 6208. A bill to designate the facility of the United
States Postal Service located at 1100 Town and Country
Commons in Chesterfield, Missouri, as the ``Lance Corporal
Matthew P. Pathenos Post Office Building''; to the Committee
on Oversight and Government Reform.
By Ms. ESHOO:
H.R. 6209. A bill to require the Federal Communications
Commission to prescribe a standard to preclude commercials
from being broadcast at louder volumes than the program
material they accompany; to the Committee on Energy and
Commerce.
By Mr. KIND (for himself, Mr. English of Pennsylvania,
Mr. Barrow, Mr. Young of Florida, Mr. Carnahan,
[[Page 11889]]
Mrs. Emerson, Mr. Allen, Mr. Gerlach, Mr. Altmire,
Mr. Shays, Mr. Courtney, and Mr. Ramstad):
H.R. 6210. A bill to amend the Public Health Service Act to
establish a nationwide health insurance purchasing pool for
small businesses and the self-employed that would offer a
choice of private health plans and make health coverage more
affordable, predictable, and accessible; to the Committee on
Energy and Commerce, and in addition to the Committees on
Education and Labor, Ways and Means, and Rules, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. CANNON (for himself, Mr. Culberson, Mr. Dreier,
Mr. Herger, Mr. Peterson of Pennsylvania, and Mr.
Brown of South Carolina):
H.R. 6211. A bill to allow Americans the opportunity to see
their vast oil shale and tar sands resources on Federal lands
developed by providing the President with the ability to
determine the quickest and most responsible way to access oil
shale resources; to the Committee on Natural Resources, and
in addition to the Committee on Science and Technology, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Ms. JACKSON-LEE of Texas (for herself, Mr. Towns,
Mr. Davis of Illinois, and Mr. Rodriguez):
H.R. 6212. A bill to amend titles XVIII and XIX of the
Social Security Act to extend expiring provisions under the
Medicare Program, to improve beneficiary access to preventive
and mental health services, to enhance low-income benefit
programs, and to maintain access to care in rural areas,
including pharmacy access, and for other purposes; to the
Committee on Energy and Commerce, and in addition to the
Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. FEENEY:
H.R. 6213. A bill to establish the Reinsurance
International Solvency Standards Evaluation Board; to the
Committee on Financial Services.
By Mr. McHUGH (for himself, Mr. Kuhl of New York, and
Mr. Smith of Nebraska):
H.R. 6214. A bill to amend the Internal Revenue Code of
1986 to provide a standard home office deduction; to the
Committee on Ways and Means.
By Mr. PALLONE (for himself and Mr. Ramstad):
H.R. 6215. A bill to amend the Public Health Service Act to
reauthorize and extend the Fetal Alcohol Syndrome prevention
and services program, and for other purposes; to the
Committee on Energy and Commerce, and in addition to the
Committee on Education and Labor, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SIRES (for himself, Mr. Frank of Massachusetts,
and Mr. Meek of Florida):
H.R. 6216. A bill to improve the Operating Fund for public
housing of the Department of Housing and Urban Development,
and for other purposes; to the Committee on Financial
Services.
By Mr. SIRES (for himself, Mr. Payne, and Mr. Rothman):
H.R. 6217. A bill to amend title 39, United States Code, to
modify the procedures governing the closure or consolidation
of post offices; to the Committee on Oversight and Government
Reform.
By Mr. WEINER:
H.R. 6218. A bill to provide for loan guarantees for
retrofitting high-performance green buildings; to the
Committee on Energy and Commerce, and in addition to the
Committee on Science and Technology, 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. CONYERS (for himself, Mr. Berman, Mrs. Bono
Mack, Mr. Coble, Mr. Cohen, Mr. Cooper, Mr. Costa,
Mr. Crowley, Ms. Lee, Ms. McCollum of Minnesota, Mr.
Meeks of New York, Mr. Nadler, Ms. Linda T. Sanchez
of California, and Mr. Smith of Texas):
H. Res. 1251. A resolution saluting the life and music of
the late Otha Ellas ``Bo Diddley'' Bates, guitar virtuoso and
rock and roll pioneer, whose music continues to influence
generations of musicians; to the Committee on the Judiciary.
Considered and agreed to.
By Mr. HENSARLING:
H. Res. 1252. A resolution providing for consideration of
the bill (H.R. 5724) to implement the United States-Colombia
Trade Promotion Agreement; to the Committee on Rules.
By Mr. ENGEL (for himself, Mr. Burton of Indiana, Mr.
Payne, Mr. Berman, Mr. Kuhl of New York, Mr. English
of Pennsylvania, Mr. Davis of Illinois, Mr. Lewis of
Georgia, Mr. Sires, Mr. Honda, Mr. Delahunt, Mr.
Crowley, and Mr. Jefferson):
H. Res. 1254. A resolution supporting the values and goals
of the ``Joint Action Plan Between the Government of the
Federative Republic of Brazil and the Government of the
United States of America to Eliminate Racial and Ethnic
Discrimination and Promote Equality'', signed by Secretary of
State Condoleezza Rice and Brazilian Minister of Racial
Integration Edson Santos on March 13, 2008; 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. 21: Ms. Hirono.
H.R. 42: Mr. Carson.
H.R. 82: Mr. Mario Diaz-Balart of Florida and Mr. Scalise.
H.R. 211: Mr. Rodriguez.
H.R. 552: Mr. Moran of Virginia, Ms. Harman, and Mr.
Regula.
H.R. 659: Mr. Brady of Pennsylvania.
H.R. 661: Mr. Carson.
H.R. 971: Mr. Smith of New Jersey.
H.R. 983: Mr. Carson.
H.R. 1032: Mr. Watt, Ms. DeGette, and Mr. Wexler.
H.R. 1076: Mr. Sestak and Mr. Gonzalez.
H.R. 1108: Mr. Foster and Ms. Ginny Brown-Waite of Florida.
H.R. 1193: Mr. Tierney.
H.R. 1295: Mr. Akin.
H.R. 1359: Mr. Burgess.
H.R. 1390: Mr. Butterfield.
H.R. 1518: Mr. Jefferson.
H.R. 1553: Mr. Smith of New Jersey.
H.R. 1606: Mr. Frank of Massachusetts, Ms. Eddie Bernice
Johnson of Texas, and Mr. Thompson of Mississippi.
H.R. 1619: Ms. Schakowsky.
H.R. 1707: Mr. Johnson of Georgia.
H.R. 1932: Mr. Welch of Vermont.
H.R. 2049: Mr. Visclosky.
H.R. 2138: Mr. Wittman of Virginia.
H.R. 2188: Mrs. Lowey and Mr. Manzullo.
H.R. 2192: Mr. Tim Murphy of Pennsylvania.
H.R. 2279: Mr. Gallegly, Mrs. Myrick, and Mr. Everett.
H.R. 2343: Mr. Rush, Mr. McDermott, Ms. Jackson-Lee of
Texas, Mr. McNulty, Mr. Emanuel, and Mr. Berry.
H.R. 2370: Mr. Welch of Vermont and Mr. Reichert.
H.R. 2493: Mr. Buyer, Mr. Broun of Georgia, Ms. Pryce of
Ohio, and Mr. Everett.
H.R. 2606: Mr. Kuhl of New York.
H.R. 2676: Mrs. Lowey and Mr. Jefferson.
H.R. 2694: Mr. Carson.
H.R. 2712: Mr. Wolf.
H.R. 2851: Mr. Van Hollen.
H.R. 2933: Mr. Shuler and Mr. Udall of Colorado.
H.R. 2941: Ms. Corrine Brown of Florida.
H.R. 3051: Mr. Carson.
H.R. 3089: Mrs. Myrick, Mr. Gallegly, and Mr. Everett.
H.R. 3202: Mr. Shays.
H.R. 3257: Mr. Walsh of New York.
H.R. 3267: Ms. DeGette and Mr. McDermott.
H.R. 3281: Mr. Carson.
H.R. 3289: Ms. Lee, Ms. Harman, Mr. Ellison, and Mr.
Markey.
H.R. 3453: Mr. Walsh of New York.
H.R. 3457: Mr. Wexler and Mr. Gerlach.
H.R. 3559: Mr. Stupak.
H.R. 3622: Mrs. Musgrave and Mr. Dent.
H.R. 3834: Mr. Rush.
H.R. 3882: Mr. Carson.
H.R. 3961: Mr. Tim Murphy of Pennsylvania.
H.R. 3979: Ms. Jackson-Lee of Texas and Mr. Castle.
H.R. 4010: Mr. Childers.
H.R. 4048: Ms. Lee.
H.R. 4099: Mr. Jones of North Carolina.
H.R. 4105: Mr. Saxton, Mr. Manzullo, Mr. Scott of Virginia,
Mr. Berry, Mr. LoBiondo, and Mr. Bishop of Georgia.
H.R. 4150: Ms. Pryce of Ohio.
H.R. 4199: Ms. Sutton and Mr. Wilson of Ohio.
H.R. 4900: Mr. Stupak.
H.R. 4959: Mr. Johnson of Georgia.
H.R. 4990: Mr. Towns.
H.R. 5106: Mr. Young of Florida.
H.R. 5110: Mr. Moran of Virginia.
H.R. 5128: Mr. Kucinich.
H.R. 5138: Mr. Wexler.
H.R. 5155: Mr. Murphy of Connecticut and Mr. Carson.
H.R. 5267: Mr. Hastings of Florida.
H.R. 5293: Ms. Berkley.
H.R. 5454: Ms. Jackson-Lee of Texas, Mr. Lewis of Georgia,
Mr. Andrews, and Ms. Speier.
H.R. 5573: Ms. Ros-Lehtinen, Mr. Braley of Iowa, and Ms.
Sutton.
H.R. 5575: Ms. Schakowsky.
H.R. 5611: Mr. Pence and Mr. McHenry.
H.R. 5646: Mr. Stupak.
H.R. 5656: Ms. Granger and Mr. Herger.
H.R. 5660: Mr. Rush.
H.R. 5673: Mr. Thornberry.
H.R. 5674: Mr. Lucas, Mr. Rothman, and Mr. Cole of
Oklahoma.
H.R. 5677: Mr. Smith of New Jersey.
H.R. 5704: Mr. Price of North Carolina.
[[Page 11890]]
H.R. 5713: Mr. Sali.
H.R. 5737: Mr. Ehlers.
H.R. 5748: Mr. Braley of Iowa.
H.R. 5752: Mr. Calvert.
H.R. 5760: Mr. Mario Diaz-Balart of Florida.
H.R. 5785: Ms. Sutton.
H.R. 5788: Mr. Hinojosa and Mr. Hill.
H.R. 5793: Mr. Gutierrez.
H.R. 5798: Ms. Sutton.
H.R. 5814: Mr. Broun of Georgia.
H.R. 5821: Mr. Pickering.
H.R. 5825: Ms. Eshoo.
H.R. 5846: Mr. Carson.
H.R. 5864: Mr. McCotter.
H.R. 5868: Mr. Wolf, Mrs. Myrick, and Mr. Souder.
H.R. 5874: Mr. Spratt, Ms. Schakowsky, Mr. Allen, Mr.
Boren, Mr. Turner, Mr. Markey, and Mr. Welch of Vermont.
H.R. 5912: Ms. DeGette.
H.R. 5954: Ms. Corrine Brown of Florida, Ms. Herseth
Sandlin, Mr. Space, Mr. Abercrombie, Mr. Butterfield, Mrs.
Capps, Ms. DeGette, Ms. Eshoo, Mr. Inslee, Mr. Matheson, Mr.
Murtha, Mr. Tanner, and Mr. Wu.
H.R. 5960: Mr. Aderholt, Mr. Wilson of Ohio, and Ms.
Slaughter.
H.R. 5971: Mr. David Davis of Tennessee, Mr. Calvert, Mr.
Burgess, Mr. Sali, Mr. Walberg, and Mrs. Musgrave.
H.R. 5977: Mr. Jones of North Carolina and Mrs. Boyda of
Kansas.
H.R. 5979: Mr. Walberg.
H.R. 5996: Mr. Kirk.
H.R. 6052: Mr. Lipinski, Mr. Nadler, Mr. Sires, Ms. Norton,
Mr. Cummings, Mrs. Napolitano, Mrs. Tauscher, Mr. Filner, Mr.
Ryan of Ohio, Mr. Blumenauer, Mr. Young of Alaska, Mr.
Waxman, Ms. Schakowsky, Ms. Moore of Wisconsin, Mr. Dingell,
and Mr. Carnahan.
H.R. 6063: Mr. McCaul of Texas, Mr. Klein of Florida, Mr.
Smith of Texas, Mr. Perlmutter, and Mr. Miller of North
Carolina.
H.R. 6064: Mr. Snyder, Mr. Langevin, Ms. DeGette, Mr.
Ortiz, Mr. Tierney, Mr. Farr, and Mr. Altmire.
H.R. 6073: Mr. Welch of Vermont and Mrs. Drake.
H.R. 6076: Mrs. Christensen and Ms. Eddie Bernice Johnson
of Texas.
H.R. 6083: Mr. Walz of Minnesota.
H.R. 6092: Mr. Jones of North Carolina.
H.R. 6093: Mr. Grijalva.
H.R. 6104: Mr. Andrews, Ms. Hirono, Mr. Reyes, Mr.
Butterfield, and Mr. Braley of Iowa.
H.R. 6105: Mr. Tiahrt.
H.R. 6108: Mr. Dreier, Mr. Hayes, Mr. Bonner, Ms. Foxx, Mr.
McHenry, and Mr. Everett.
H.R. 6146: Mrs. Blackburn and Mr. Davis of Alabama.
H.R. 6168: Mr. Hulshof.
H.R. 6169: Mr. Hulshof.
H.R. 6180: Mr. Rothman, Ms. Lee, and Mr. Stupak.
H.J. Res. 79: Mr. George Miller of California.
H.J. Res. 89: Mr. Ross, Mr. Conaway, Mrs. Blackburn, Mr.
Barton of Texas, Mr. Forbes, Mr. Whitfield of Kentucky, and
Mr. Sam Johnson of Texas.
H.J. Res. 93: Ms. Bordallo, Mr. Cohen, and Mr. Frank of
Massachusetts.
H. Con. Res. 244: Mr. Etheridge and Mr. Chandler.
H. Con. Res. 296: Mr. Feeney.
H. Con. Res. 299: Mr. McCaul of Texas, Mr. Hare, Mr. Young
of Florida, Mr. Price of Georgia, Mr. Ramstad, Ms. Granger,
and Mr. Gerlach.
H. Con. Res. 336: Mr. Hodes, Mr. Wexler, Mr. McIntyre, Mr.
Fortenberry, Ms. Eddie Bernice Johnson of Texas and Mr.
Scalise.
H. Con. Res. 338: Mr. Rush and Mr. Hinojosa.
H. Con. Res. 341: Mr. Hayes, Ms. Zoe Lofgren of California,
and Mr. Miller of North Carolina.
H. Con. Res. 350: Mr. Serrano, Mr. Moran of Virginia, Mr.
Kirk, Mr. Lewis of Georgia, Mr. Lipinski, Mr. Engel, Ms.
Berkley, Mrs. Maloney of New York, Ms. Schakowsky, Ms.
Woolsey, and Mr. Moore of Kansas.
H. Con. Res. 358: Mr. Latta, Mr. Walberg, Mr. Jordan, Mr.
David Davis of Tennessee, Ms. Ros-Lehtinen, Mr. McCarthy of
California, Mr. Bishop of Utah, Mr. Roskam, Mr. McKeon, Mr.
Cole of Oklahoma, Mr. Wittman of Virginia, Mr. Gingrey, Mrs.
Bono Mack, Mr. Tom Davis of Virginia, Ms. Foxx, Mr.
Bilirakis, Mrs. Drake, and Mr. Hayes.
H. Con. Res. 364: Mr. Conyers, Ms. Norton, Mr. Crowley, and
Mr. Meek of Florida.
H. Res. 389: Ms. Slaughter.
H. Res. 543: Ms. Norton.
H. Res. 617: Mr. McCotter.
H. Res. 672: Mr. Spratt, Ms. Kilpatrick, and Mr. Hinojosa.
H. Res. 977: Mr. Dingell.
H. Res. 1010: Mr. Sali.
H. Res. 1051: Mr. Conaway, Mr. Hayes, Mrs. Musgrave, Mr.
Rogers of Alabama, and Mr. Ryan of Ohio.
H. Res. 1143: Mr. Gerlach, Mr. Cantor, Mr. Gilchrest, Mr.
Allen, Mr. Ehlers, Mr. Neal of Massachusetts, Mr. Skelton,
Mr. Sali, and Ms. Kaptur.
H. Res. 1164: Mr. Stupak.
H. Res. 1219: Mr. Skelton, Mr. Burton of Indiana, and Mr.
Jones of North Carolina.
H. Res. 1227: Ms. Jackson-Lee of Texas and Ms. Woolsey.
H. Res. 1230: Mr. Delahunt, Ms. Woolsey, Mr. Engel, and Mr.
Berman.
H. Res. 1235: Mr. Boustany, Mr. Alexander, Mr. McCrery, Mr.
Buyer, Mr. Brown of South Carolina, Mr. Boozman, Mr.
Buchanan, Mr. Lamborn, Mr. Latta, Mr. Shimkus, Mr. Bonner,
Mr. Miller of Florida, Mr. Marchant, Mrs. Drake, and Mr.
Stearns.
H. Res. 1237: Mr. Cooper and Ms. Wasserman Schultz.
H. Res. 1243: Mr. Jones of North Carolina, Mr. Hall of
Texas, and Mr. McCotter.
H. Res. 1245: Mr. Chabot, Mr. Fortuno, and Mr. Ellison.
H. Res. 1249: Mr. Berman, Mr. Lewis of Georgia, Ms. Clarke,
Mr. Meek of Florida, Mr. Cohen, and Ms. Schwartz.
[[Page 11891]]
EXTENSIONS OF REMARKS
____________________
TRIBUTE TO COLONEL KENNETH O. McCREEDY
______
HON. C.A. DUTCH RUPPERSBERGER
of maryland
in the house of representatives
Monday, June 9, 2008
Mr. RUPPERSBERGER. Madam Speaker, I rise before you today to honor
Colonel Kenneth O. McCreedy, Installation Commander at Fort Meade in
Maryland. Colonel McCreedy holds a bachelor's degree in history from
Washington and Lee University, master's and doctorate degrees from
University of California, Berkeley, a Master of Military Arts and
Sciences degree from the U.S. Army Command and Staff College, and a
Master of Strategic Studies from the Army War College. He is also a
graduate of both the Army's School of Advanced Military Studies and the
Advanced Strategic Art Program.
After over twenty years in the service, Colonel McCreedy took command
of Fort Meade in June 2005. Since then, Colonel McCreedy has worked
closely with business leaders and elected officials, to consider how
his decisions would affect the communities both inside and outside of
the Fort Meade gates.
Fort Meade, located halfway between Baltimore and Washington, DC, is
the fourth largest army installation base in the continental United
States with approximately 40,000 military, civilian, and contractor
personnel. The base thrives not only as a military installation, but
also as a leading contributor to Maryland's economy.
Colonel McCreedy has played a large role in planning and preparing
for the Base Realignment and Closure (BRAC) process, which will cause a
projected 25 percent population increase and 5,700 jobs at Fort Meade
alone. He also has worked closely with the Fort Meade Alliance, an
advocacy membership organization created to promote and support Fort
Meade as an economic asset and resource to the region.
Among his countless awards and decorations, Colonel McCreedy has
earned the Defense Meritorious Service Medal, Meritorious Service
Medal, Joint Service Commendation Medal, Army Commendation Medal, Army
Achievement Medal, National Defense Service Medal, and the NATO Medal.
Madam Speaker, I ask that you join with me today to honor Colonel
Kenneth O. McCreedy in his retirement from the position of Fort Meade
Installation Commander. His legacy as a brilliant military commander
will be forever remembered in his service to one of our nation's
largest military installations. It is with great pride that I
congratulate Colonel McCreedy on his exemplary military career and his
outstanding leadership at Fort Meade.
____________________
CELEBRATING FRANKLIN COUNTY, NEW YORK'S BICENTENNIAL
______
HON. JOHN M. McHUGH
of new york
in the house of representatives
Monday, June 9, 2008
Mr. McHUGH. Madam Speaker, I rise today to extend my sincere
congratulations to the fine people of Franklin County, New York, as
they celebrate the county's bicentennial. I am proud to represent them
and to have the opportunity to take a moment to reflect upon the
county's characteristics and rich history, which includes the War of
1812 and the Underground Railroad.
Franklin County was formed on March 11, 1808, from Clinton County,
when it became apparent that travel to Plattsburgh to conduct legal
business was too burdensome. Franklin County, which encompasses
1,631.49 square miles, was named after Benjamin Franklin. Its neighbors
are Quebec, Canada to the north, Clinton County to the east, Essex and
Hamilton Counties to the south, and St. Lawrence County to the west.
Franklin County's nearly 51,000 residents live in 19 townships: Bangor,
Bellmont, Bombay, Brandon, Brighton, Burke, Chateaugay, Constable,
Dickinson, Duane, Fort Covington, Franklin, Harrietstown, Malone,
Moira, Santa Clara, Tupper Lake, Waverly, and Westville. In addition to
the County seat, Malone, Franklin County is home to five other
villages: Brushton, Burke, Chateaugay, Saranac Lake, and Tupper Lake.
Potash production was the earliest industry in the county; other
early industries included agriculture, iron ore mining, logging, mills,
sanitariums, and tourism. Today, agriculture continues to play a vital
part in the county's economy; in 2002, Franklin County's 530 farms
produced agricultural products with a market value of about $48 million
including dairy, cattle and calves, vegetables, aquaculture, and
nursery and greenhouse. Likewise, the world class Trudeau Institute,
which was originally founded in 1884 as a tuberculosis sanitarium, is
still making breakthrough discoveries to improve human health as the
incredible Adirondack Mountains continue to draw tourists who enjoy
bird-watching, camping, canoeing, fishing, hiking, hunting, and other
outdoor activities.
Franklin County's residents are known to be generous, independent,
proud, resourceful, and resilient. Perhaps its most notable native son
is William Almon Wheeler, who was born in Malone on June 30, 1819, and
was elected as our nation's Vice President in 1876 after serving as
District Attorney, State Assemblyman, State Senator, and U.S.
Representative. Other noteworthy former residents include Tom Browning,
who pitched a perfect game and won a World Series game for the
Cincinnati Reds, and Almanzo Wilder, whose boyhood on a Burke farm
later became known to the world through Farmer Boy, which was written
by his wife, Laura Ingalls Wilder. Again, it is a great honor to have
the opportunity to join with the residents of Franklin County, New
York, as they celebrate their bicentennial.
____________________
HONORING ANTHONY BORBA
______
HON. GEORGE RADANOVICH
of california
in the house of representatives
Monday, June 9, 2008
Mr. RADANOVICH. Madam Speaker, I rise today to congratulate Anthony
Borba upon his retirement as the superintendent of Salida Unified
School District. Superintendent Borba will be honored at a reception on
May 31, 2008.
Superintendent Anthony Borba graduated from California State
University, Stanislaus, in 1975 with a bachelor's of arts degree in
Spanish, a minor in political science and a California elementary
teaching credential. Immediately after completing college, he taught at
Tuolumne School for 3 years. It was during this time he spent a summer
at the University of California, Santa Barbara, completing an intensive
Portuguese study program. This program allowed Superintendent Borba to
become a language program facilitator for the Office of Merced County
Superintendent of Schools. As he completed additional educational
programs he was able to advance through the ranks of the school
districts. In 1980, Superintendent Borba earned a masters of arts
degree in school administration from California State University,
Stanislaus. In 2003 he earned an educational doctorate in education
administration from University of the Pacific.
Superintendent Borba worked for the Office of Merced County
Superintendent of Schools as a language program facilitator for 4
years. He then taught and became the assistant principal at Selima
Herndon School. After just 2 years, he became principal of the school.
He served as principal for 4 years. In 1988 he became the director of
instructional services and staff development for the Merced City School
District. Two years later, he was a superintendent. He served as a
superintendent for two districts, Chatom Union Elementary School
District and Salida Union School District. In addition to his
employment with the schools, Superintendent Borba was also a part-time
English-as-a-second language teacher at Modesto Junior College, he
worked with the California State Department of Education as a
facilitator for Portuguese and Asian minority languages group. He was
the principal at a migrant summer school and has been an adjunct
faculty member at California State University, Stanislaus, in the
Department of Advanced Studies. Superintendent Borba is retiring to
become an associate professor for advanced studies at the university.
[[Page 11892]]
Superintendent Borba has been, and continues to be, involved in
numerous organizations. A few of the organizations include: community
advisory board for the doctoral program in instructional leadership at
California State University, Stanislaus; he is a member of three
doctoral dissertation committees for University of the Pacific; Central
Regions Schools Insurance Group; Superintendents' Council of Stanislaus
County; Association of Low Wealth Schools; and Stanislaus County
Superintendents of Schools. Superintendent Borba has been awarded with
the Educator of the Year Award in 1998 by the Portuguese Chamber of
Commerce in San Jose, Outstanding Alumnus Award in 1999 by the
Professional Administrative Services Credential Program at California
State University, Stanislaus, the Outstanding Vocational Award for
2000-2001 by the Rotary Club of Salida; the Ethics in Public Service
Award in 2007 by the Modesto Bee and California State University,
Stanislaus; and the Educator of the Year Award in 2007 by the
Portuguese Education Foundation for central California.
Madam Speaker, I rise today to commend and congratulate
Superintendent Anthony Borba upon his achievements and retirement from
Salida Unified School District. I invite my colleagues to join me in
wishing Superintendent Borba many years of continued success.
____________________
CONGRATULATING MICHAEL J. MOCEK ON HIS RETIREMENT
______
HON. KAY GRANGER
of texas
in the house of representatives
Monday, June 9, 2008
Ms. GRANGER. Madam Speaker, I want to congratulate Mr. Michael J.
Mocek on his upcoming retirement and thank him for his 37 years of
Federal service to the U.S. Army Corps of Engineers, the State of
Texas, and our Nation.
Mike has a long and distinguished history with the Corps of
Engineers. Most of his Corps service has been with the Fort Worth
Engineer District, where he served the last 12 years as the senior
civilian and as the deputy district engineer and the chief of the
Programs and Project Management Division.
Among his many significant accomplishments in Texas was the
successful completion of Jim Chapman and Ray Roberts Lakes in the
1980s. Mike's technical expertise and planning efforts on those
projects provided those communities with vital flood protection and
water supply. He also played an invaluable role in the successful
approval of the Dallas Floodway Extension project, currently under
construction, which will greatly improve the flood protection for that
city.
In recent years, Mike has been instrumental in getting Corps approval
for one of my top priorities, the Central City Project in Fort Worth.
This project will revitalize a portion of the downtown area and provide
much needed recreation and park lands, ecosystem restoration, and
future flood protection for our citizens. In addition, Mike has
provided exceptional leadership for the Corps of Engineers in
developing a partnership with the Texas Water Development Board to
improve cooperation between the State and Federal government for water
resource projects to meet the State's future water needs.
Mike has also guided and overseen the management of one of the
largest and most challenging military programs in the Corps, supporting
flag ship installations such as Fort Hood, Fort Bliss, and Fort Sam
Houston, as well as Lackland and Dyess Air Force Bases. His
extraordinary leadership, dedication, and commitment led to the
successful completion of many projects that have greatly improved the
readiness of our forces and the quality of life for our soldiers,
airmen and their families. He did all of this while concurrently
serving in the Army Reserves, and retired at the rank of lieutenant
colonel.
In 2005, Mike was selected as the top civilian for the Corps of
Engineers for achieving the highest overall standards of excellence and
for his many significant contributions to the missions, prestige and
reputation of the entire Corps. He was very deserving of this honor.
He has mentored many senior military officers and continues to be
sought out for his expertise, wise counsel, and advice. Though he
received many offers for senior executive promotions throughout the
years that would have taken him from Texas, Mike elected to remain in
his home State where he felt his efforts would best serve his fellow
Texans.
In the Fort Worth community, Mike has been a well-known and trusted
leader and public servant. Both he and his wife, Betty, have served
their community well. As an ordained deacon at Holy Family Catholic
Church, he provides counsel and spiritual guidance to those who seek
it. Betty has taught elementary school students for many years and is
currently teaching 4th grade at Tanglewood Elementary School in Fort
Worth
I am indeed honored to have worked with Mike over the last several
years as a Member of Congress, and before that as mayor of Fort Worth.
I appreciate Mike's long, dedicated, and faithful service to the Fort
Worth community, the State of Texas and our Nation. I wish him all the
best in his retirement.
____________________
HONORING THE 10TH ANNIVERSARY OF THE BROOKSVILLE, FLORIDA ART GALLERY
______
HON. GINNY BROWN-WAITE
of florida
in the house of representatives
Monday, June 9, 2008
Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, I rise to honor the
10th anniversary of the Brooksville Art Gallery. Conceived of by two
community stalwarts, Mary Alice Queiros and Karen Phillips, 10 years
ago this month, the gallery has been an artistic pillar of the
community for its entire existence.
Following the completion of Brooksville City Hall in 1996, Clerk of
the Court Karen Phillips and longtime champion of the arts Mary Alice
Queiros looked for ways to brighten the hallways and fill much of the
empty space. Starting in 1998, they reached out to the Hernando County
community to find examples of outstanding art from local residents. One
painting at a time, they slowly but surely covered the hallways and
walls with fine examples of Florida artistry.
Once the bare walls of city hall were filled with bright and
beautiful artwork, the duo worked to make the area friendly to other
forms of art, including poetry readings and sculpture. Today,
Brooksville City Hall hosts an annual fall art show to showcase the
work of area artisans. I also sponsor the annual congressional art
competition, a contest for Fifth District high school artists to
display their finest artwork and compete to have their piece hung in
the United States Capitol. With hundreds of students exhibiting in city
hall, Hernando County residents have truly been exposed to some of the
finest artwork in our State.
In addition to their love of art, both Mary Alice and Karen have been
involved in the Brooksville community for many years. Karen Phillips
has given back through her long service as Brooksville City Clerk, and
Mary Alice has been honored as the 2005 Great Brooksvillian for her
work on behalf of the greater community. Both these women have done so
much to promote art in Hernando County, and deserve to be recognized
for their dedication and commitment. I would like to congratulate them
both on making the Brooksville City Hall Art Galley a haven for artists
and a beautiful addition to our city government building.
____________________
IN HONOR OF FRANK THOMPSON
______
HON. TOM UDALL
of NEW MEXICO
in the house of representatives
Monday, June 9, 2008
Mr. UDALL of New Mexico. Madam Speaker, I rise today in honor of
Frank Thompson, who passed away last week. Thompson served as a code
talker in World War II. He and other Navajo soldiers used their native
language to craft a nearly unbreakable code. We don't know how many
American soldiers survived that war because of Thompson's gift, nor do
we know how many civilians were liberated because Thompson and his
fellow code talkers helped America achieve success. What we do know is
that Thompson and others like him are owed a debt of gratitude we will
never fully pay back.
With all of the injustice that Native Americans have experienced at
the hands of the U.S. Government, they have always given their all to
defend this country. When Thompson joined the Marine Corps, the U.S.
Government had only recognized Indians as American citizens for 18
years. Yet 45,000 of the 350,000 Native Americans in this country
joined Thompson in America's Armed Forces during that conflict. Native
Americans have the highest rate of service of any ethnic group, and
today there are more than 181,000 Native American veterans.
The code talkers brought unique skills and a unique cultural heritage
to the Allied cause in World War II. As Americans who faced bigotry and
injustice, they eagerly signed up to
[[Page 11893]]
free Europe from oppression. As individuals who had lived with the
legacy of aggression against their people, they felt keenly the need to
prevent other acts of aggression, even if these acts were being
perpetrated on the other side of the world. In a sense, the Allied
fight against tyranny was as much a Navajo struggle as a European one.
The values of the Navajo soldiers played a crucial role in liberating
Europe and Asia.
Code talkers like Frank Thompson showed that courage has no color.
Our respect for their service is increased by our recognition that they
risked everything for a nation that too often failed to show them the
same loyalty. Their actions should remind us that when we treat any
group of Americans as second class citizens we dishonor the memory of
all those brave soldiers who died to defend American values, including
that sacred creed that ``all men are created equal.''
By recognizing those who have bravely served this country, we
encourage ourselves to be just a little bit better. We remind ourselves
to celebrate the values that make America a beacon of hope to men and
women around the world. Today, I recognize Frank Thompson. His heroism
has won him immortality. For his service and his sacrifice, he will
live forever in our hearts.
____________________
RECOGNIZING THE HEALTHY LAKES, HEALTHY LIVES CAMPAIGN
______
HON. BRIAN HIGGINS
of new york
in the house of representatives
Monday, June 9, 2008
Mr. HIGGINS. Madam Speaker, I rise today to recognize the Healthy
Lakes, Healthy Lives tour. The Healthy Lakes, Healthy Lives tour,
organized by the Healing our Waters-Great Lakes Coalition, is designed
to raise awareness and call for action on the problems facing our
lakes. Healing Our Waters is lead by the National Wildlife Federation
and the National Parks Conservation Association and includes over 100
fishing, boating hunting, birding, conservation and environmental
organizations. I would like to congratulate them for their continuing
work to improve the health of the Great Lakes.
To start the historic tour, the Earth Voyager, one of the fastest
sailing vessels on the Great Lakes, made its first stop in Buffalo, New
York at the newly developed site along the historic Erie Canal. As a
main water route to the mid-West the Great Lakes shaped the
demographics of our nation. When the Erie Canal first opened in 1825 it
connected the East to the Great Lakes and brought a surge in population
and commerce which lead Buffalo to incorporate as a city in 1832.
Buffalo's strategic position on the Great Lakes contributed
significantly to its early rise to prominence; at the turn of the last
century Buffalo was America's largest inland port and the leader in the
transshipment of grain and several other commodities. The Western New
York Division of Citizens Campaign for the Environment helped lead
coordination of events during the Earth Voyager's 5 day stop in
Buffalo, NY.
Containing over twenty percent of the world's fresh water, the Great
Lakes are an enormous natural asset to this nation. Nearly two
centuries ago the Lakes shaped this nation by providing for the early
movement of settlers and commerce in America. Now we are at a critical
point in history where we must take action today to protect and
preserve the Great Lakes as a means to shape this nation's
environmental and economic future.
The ship departs Buffalo, NY for stops in Erie, PA, Toledo, OH,
Detroit MI, Port Huron MI, Sarnia, Ontario, Chicago, IL, Traverse City,
MI, Grand Haven, MI, Milwaukee, WI, Bay City MI, Cleveland, OH and
Rochester, NY. On its tour, the Earth Voyager will help carry our
message and emphasize the importance of revitalizing the Great Lakes.
____________________
TRIBUTE TO MAJOR GENERAL BRUCE F. TUXILL
______
HON. C.A. DUTCH RUPPERSBERGER
of maryland
in the house of representatives
Monday, June 9, 2008
Mr. RUPPERSBERGER. Madam Speaker, I rise before you today to honor
Major General Bruce F. Tuxill, Adjutant General for the State of
Maryland. After graduating in 1967 from Salem College in West Virginia
with a bachelor's degree in business administration, General Tuxill
underwent undergraduate pilot training at Williams Air Force Base in
Arizona. For the next fourteen years, General Tuxill rose through the
ranks at the Martin State Airport in Maryland. From 1994 until 2000, he
served as the assistant adjutant general for air, Headquarters,
Maryland Air National Guard in Baltimore. He then served as the Air
National Guard assistant to the Commander of the United States Air
Forces Europe in Germany until he was appointed Adjutant General for
the State of Maryland in 2003.
In his role as Adjutant General, General Tuxill was responsible for
formulating, developing and coordinating all policies, programs, and
plans affecting more than nine thousand men and women in Maryland's
military department. The military department includes the Maryland Army
National Guard, Maryland Air National Guard, Maryland Emergency
Management Agency and the Maryland Defense Force. In the event of
mobilization, if the state were to receive a presidential call to duty
in times of war, national emergency, or operational contingency,
General Tuxill would exercise command responsibilities and provide a
force in readiness. As the Adjutant General, he served as the official
liaison between the governor and the National Guard Bureau, and served
as a member of the governor's cabinet.
Among his countless awards and decorations, General Tuxill has earned
the Air Force Distinguished Service Medal, the Legion of Merit Medal,
the Meritorious Service Medal, the Combat Readiness Medal, the National
Defense Service Medal, the Armed Forces Reserve Medal, State of
Maryland Distinguished Service Cross, Meritorious Service Cross, and
Commendation Medal.
Madam Speaker, I ask that you join with me today to honor Major
General Bruce Tuxill in his retirement from the position of Adjutant
General for the State of Maryland. His legacy as an experienced and
capable military leader and his service to the State of Maryland will
be forever remembered. It is with great pride that I congratulate
General Tuxill on his exemplary military career and his outstanding
leadership of Maryland's military department.
____________________
PERSONAL EXPLANATION
______
HON. BOBBY L. RUSH
of illinois
in the house of representatives
Monday, June 9, 2008
Mr. RUSH. Madam Speaker, unfortunately I have been out on medical
leave. I have been unable to cast votes; however, I would like the
record to reflect my intentions had I been present to vote.
Had I been present for rollcall No. 387, I would have voted ``aye.''
Had I been present for rollcall No. 386, I would have voted ``aye.''
Had I been present for rollcall No. 385, I would have voted ``nay.''
Had I been present for rollcall No. 384, I would have voted ``nay.''
Had I been present for rollcall No. 383, I would have voted ``aye.''
Had I been present for rollcall No. 382, I would have voted ``aye.''
Had I been present for rollcall No. 381, I would have voted ``aye.''
Had I been present for rollcall No. 380, I would have voted ``aye.''
Had I been present for rollcall No. 379, I would have voted ``aye.''
Had I been present for rollcall No. 378, I would have voted ``nay.''
Had I been present for rollcall No. 377, I would have voted ``aye.''
Had I been present for rollcall No. 376, I would have voted ``aye.''
Had I been present for rollcall No. 375, I would have voted ``nay.''
Had I been present for rollcall No. 374, I would have voted ``aye.''
Had I been present for rollcall No. 373, I would have voted ``aye.''
Had I been present for rollcall No. 372, I would have voted ``aye.''
Had I been present for rollcall No. 371, I would have voted ``aye.''
Had I been present for rollcall No. 370, I would have voted ``aye.''
Had I been present for rollcall No. 369, I would have voted ``aye.''
Had I been present for rollcall No. 368, I would have voted ``aye.''
Had I been present for rollcall No. 367, I would have voted ``aye.''
____________________
INTRODUCTION OF THE HOME OFFICE DEDUCTION SIMPLIFICATION ACT OF 2008
______
HON. JOHN M. McHUGH
of new york
in the house of representatives
Monday, June 9, 2008
Mr. McHUGH. Madam Speaker, I rise today to introduce legislation, the
Home Office Deduction Simplification Act of 2008, which is designed to
reduce the complexity of the tax code and provide Americans with the
ability to take a standard deduction for home office expenses.
The tax code currently allows a deduction for home office expenses
for self-employed taxpayers and employees who must use their
[[Page 11894]]
home for business purposes at their employer's request. However,
according to the Internal Revenue Service's Office of the Taxpayer
Advocate, only 2.7 million of the nearly 20 million Schedule C filers
in tax year 2003 took a deduction for home office expenses, despite the
fact that some 8.4 million Americans indicated they had one or more
rooms used only for business.
The Office of Taxpayer Advocate reports that the data raises the
question as to whether or not eligible taxpayers are taking the
deduction to which they are entitled. In addition, the Taxpayer
Advocate notes that private industry has indicated that the rules and
related forms regarding the home office deduction are too complex.
As is often noted, our Nation's nearly 27 million small businesses
are the backbone of our Nation's economy. They provide 51 percent of
our Nation's private sector employment and 45 percent of its payroll
and produce approximately 50 percent of the Nation's private, nonfarm
GDP. Without question, they certainly are vital to the economy of New
York's 23rd Congressional District, which I have the privilege of
representing.
To ensure that my constituents and those other Americans who are
eligible to deduct home office expenses but have been deterred by the
complexity of the current tax code actually take a deduction, I now
introduce the Home Office Deduction Simplification Act. This bill would
provide a standard deduction of $1,500, indexed to inflation, for home
office expenses. Accordingly, I ask my colleagues to join with me to
enact this important measure.
____________________
HONORING ROSTEEN STRASSNER
______
HON. GEORGE RADANOVICH
of california
in the house of representatives
Monday, June 9, 2008
Mr. RADANOVICH. Madam Speaker, I rise today to congratulate Rosteen
Strassner upon her 106 birthday. Mrs. Strassner's birthday will be
celebrated on Friday, June 6, 2008.
Mrs. Strassner was born March 20, 1902 in Newark, Arkansas. In her
long life she has witnessed many historical events that not only shaped
the United States, but the world as well. She has been able to achieve
amazing things in her lifetime. In 1940 she moved to Fresno,
California. She became a member of the Fresno Temple COGIC, and remains
a member of the church. In 1974 Mrs. Strassner opened her heart and her
home to mentally challenged adults when the Central Valley Regional
Center was recruiting foster parents. She was one of the first African-
Americans to engage in this type of work. She remained a foster parent
until 2005, when her physical health began to decline. Mrs. Strassner
also has an extensive background as a healthcare professional and
businesswoman. She is a retired dietitian from St. Agnes Hospital. She
also owned and operated two cafes in the Fresno area.
Madam Speaker, I rise today to commend and congratulate Rosteen
Strassner on 106 years of life. I invite my colleagues to join me in
wishing Mrs. Strassner health and happiness.
____________________
HONORING THE USS PONCHATOULA SHIPMATES ASSOCIATION
______
HON. JOE SESTAK
of pennsylvania
in the house of representatives
Monday, June 9, 2008
Mr. SESTAK. Madam Speaker, I rise today to recognize the 2008
gathering of the USS Ponchatoula Shipmates Association. As these
remarkable Sailors, their families and friends spend time together this
week, they represent over sixty years of dedication to the Navy's core
values of Honor, Courage and Commitment.
These patriotic Americans keep alive the memory of their courageous
predecessors who sailed into harms way aboard namesakes of USS
Ponchatoula from 1944 until 1992. In that timeframe Sailors of that
proud ship fought in WWII, the Vietnam War, the Cold War and other
crises around the world. It is important that we all pause to imagine
the courage and stamina it took to sail AOG-38 almost immediately from
shakedown cruise into the battle of Okinawa. Carrying over a thousand
tons of highly flammable fuel and limited to a maximum speed of ten
(10) knots, the crew of only 62 brave souls spent days defending their
precious cargo, and one another so that innumerable ships and small
craft could support the invasion of Okinawa. All the while they knew
that a torpedo, Kamikaze attack, or a simple electrical or propulsion
fire could cause their ship and all onboard to be quickly lost in a
conflagration of the most devastating form. With her mission complete
AOG-38 got underway 14 December 1945 to transit home to the United
States for deactivation.
Thankfully, it is a custom of our great Navy to reward the courageous
performance of a ship and crew in combat by renaming a successor to
that ship. And so it was, when USS Ponchatoula (AOG-38 and later T-AO-
148) was built by proud craftsmen, some no doubt from the 7th
Congressional District of Pennsylvania, in Camden, NJ and commissioned
in January 1956. From 1956 until 1992 new generations of U.S. Navy
Sailors and Military Sealift Command Mariners served proudly over most
of the globe in supporting the ever expanding striking power of our
naval forces.
In my thirty-one years of naval service, I was often reminded that
``tactics are for amateurs and logistics are for experts.'' It has been
ships and crews like the USS Ponchatoula who have been the foundation
of our nation's sea power by affording naval commanders and planners
the logistics, mobility, flexibility and persistence necessary to win
every engagement and deter many more.
Madam Speaker it gives me great pleasure to acknowledge the efforts
of my constituent and Navy Veteran, Mr. John J. Bury of Media, PA and
the officers of the USS Ponchatoula Shipmates Association for their
commitment to their ship, one another and the future Sailors who will
answer our nation's call to go down to the sea in defense of our
precious freedoms.
To the USS Ponchatoula Shipmates Association our nation says ``Bravo
Zulu'' and God Speed.
____________________
RECOGNIZING VICTORIA MANFREDI ON HER RETIREMENT
______
HON. DANIEL LIPINSKI
of illinois
in the house of representatives
Monday, June 9, 2008
Mr. LIPINSKI. Madam Speaker, I rise today to honor Mrs. Victoria
Manfredi on the occasion of her retirement from St. Louis de Montfort
School in Oak Lawn, Illinois. An outstanding educator and a resident of
Oak Lawn, Illinois, Vicky now celebrates over 35 years of involvement
in her school and community.
Today, with the support of family: Frank, Lisa, John, and Anna
Victoria, we honor Vicky for her outstanding contribution to the field
of Catholic education. Over the past 35 years, Mrs. Manfredi has proven
a trusted colleague, an active volunteer, a Christian role model, and a
teacher who has opened hearts, touched lives, and enlightened the young
minds of countless students.
Vicky Manfredi began her work while her daughter attended St. Louis
de Montfort over 30 years ago. Vicky served as a volunteer coach,
instructional aide, and Eucharistic minister. Seven years ago, Vicky
accepted a new challenge: working as a kindergarten teacher. In her new
role she earned the praise of the administration, colleagues, parents
and students alike. Her classroom was a happy place, a safe haven for
children and an environment where students excelled academically.
Madam Speaker, it is my honor to recognize Mrs. Victoria Manfredi, an
exceptional teacher and pillar in my community. I am honored to have
such an exceptional educator in my district. We offer heartfelt
congratulations to Vicky for a job well done as we wish Vicky and her
family a joyous celebration of this milestone as she begins a new
chapter in her life.
____________________
RECOGNIZING THE 2008 EXPLORAVISION AWARD WINNERS
______
HON. JOE KNOLLENBERG
of michigan
in the house of representatives
Monday, June 9, 2008
Mr. KNOLLENBERG. Madam Speaker, I want to congratulate Timothy Zako,
Enzo Fantin-Yusta, and Ahsan Mahmood for their outstanding performance
in the 2008 ExploraVision Award. These seventh graders from West Hills
Middle School in West Bloomfield, Michigan, along with their coaches
Paul Sanchez and Amy Burke embody the innovative spirit of America.
Together this team succeeded in capturing second place in this
prestigious regional competition.
The ExploraVision Awards, which are sponsored by Toshiba and the
National Science Teachers Association, are awarded to students of all
ages for combining their imaginations with the tools of science to
create and explore a vision of tomorrow's technology. Students of
different interest, ability, and skill levels develop new technologies
utilizing their creative thinking and problem solving skills.
The students from West Hills Middle School sought out to find a new
method for treating
[[Page 11895]]
lazy eye and strabismus, a condition where ones' eyes are misaligned.
These conditions, which affect roughly four percent of children in
America, are often treated with eye-patches or in some instances
surgery. These treatments limit the activities that children can
participate in, can lower the child's self esteem, and in the most
severe cases require extremely invasive surgery.
Utilizing existing technologies, the students were able to develop a
prototype that could be worn like eyeglasses, and could be turned on
and off as needed so that the child could use both eyes together and
see in three dimensions at least some of the time. The Strabismus
Glasses, as they named them, would help a child's self-esteem by
allowing them to treat their condition without having to use an eye-
patch.
Madam Speaker, I wish to congratulate these students for their
amazing and creative work. I am proud of the initiative these young
people have shown. Theirs is a shining example of what we are all
capable of achieving with just a little imagination and some hard work.
____________________
ONE WORLD NOW
______
HON. JIM McDERMOTT
of washington
in the house of representatives
Monday, June 9, 2008
Mr. McDERMOTT. Madam Speaker, I submit the following:
What I Can Do
(By Philmon Haile)
First of all I would like to thank Kirstin Hayden and all
of the One World Now folks for inviting me to speak here
today; and for bringing me home from our nation's capitol.
When I was a younger man I dreamt I could change the world.
However, as I grew older and wiser I realized that the world
was too big and immovable and would not change. Consequently,
I decided to take on a narrower target and change my country.
However, as I grew older and wiser, I realized my country was
too big, too fixed in its way of doing things, immovable and
would not change. I therefore decided to address my city and
community. However, once again as I grew older and wiser I
realized that my city and community were too large and
immovable and would not change. So, I decided that one last
time I would try and change those nearest to me: my friends
and family. But, as I had learned so many times before, those
nearest to me--my friends and family--would not change. The
problems I saw in the world included violence, intolerance,
and racism. Broken and divided schools and cities, racial
slurs, being spoken and glorified through the media. Growing
up I heard phrases like ``you're not black enough'', to any
African-American who stepped outside the circle and made
white friends and listened to any other music other than Rap,
or played any other sports besides basketball. I think
``you're not black enough'' is just another way to say you
don't have sufficient hate for others. If being black means
to hate, then I would rather be green. Of course this isn't
what it means to be black. I've heard of genocide and gang
violence. When I was born, my home country Eritrea had just
finished a thirty-year war for independence from Ethiopia. A
war is still going on today between the two countries, with a
tense border conflict plaguing the people. I am close to this
war because both parents were involved in it, a facet of my
personal and family history. These problems are so real to me
I pray every night for the safety of grandparents, who--as I
speak--continue to live in a war torn country run by a
dictator. Because these issues are so real, I spend a lot of
time thinking about why this happens.
I found the problem. People hurt each other because they
had no idea what it felt to be the other party. I knew the
answer too, and I thought the best way to end all of this was
through education; uniting people through education; giving
them a chance to learn about each other so they can coexist
peacefully.
Now, as I stand here, old and tired at the ripe old age of
17, I finally get it. Perhaps if I abolished my own
stereotypes, I could have impacted my friends and family.
Their change in turn may have influenced more people and
could have changed my city and community and--who knows--
maybe even my country and the world: a ripple effect like a
pebble in the pond.
Let's be honest with ourselves--anyone who grows in this
world has certain established mind sets and we all need to
tear them down before we can progress and accept people for
who they are.
In order to be a successful leader, one must be willing to
give up certain ideas, decisions and a degree of popularity
in order to negotiate, mediate and decide what is in the best
interest of the whole. The persona you create around you is
how people perceive you. Without a positive attitude I've
learned the ability to lead others confidently and work
together is greatly diminished. Qualities of tolerance,
openness, and optimism are what One World Now represents and
instills in all their students, qualities that will reside
and resonate forever.
When I came to Garfield High School, I never thought that I
could take Chinese especially for free, or much less use
those skills and afford to study abroad. You know, my brother
studied abroad just as I hope to. I know my family couldn't
afford to send both my brother and me abroad. I know this is
the case for many other people traveling on a One World Now!
Scholarship. After my older brother, Robel discovered One
World Now! I wanted to do it. We have a ``typical'' older-
younger brother relationship, so he tells me that only upper
classmen can be involved, so being the gullible freshman I
was, I believed him, only to learn my sophomore year that
freshmen were enrolled in One World Now! classes. It is
amazing what One World Now! is doing, offering high school
students classes in the two most critical world languages:
Arabic and Chinese. Believe me, in my position as a
Congressional Page, I hear about the Middle East and China in
debates almost every day. If our leaders knew Chinese and
Arabic and understood their cultures, this world would be a
much different place. If they could have been involved in One
World Now, they would have a better understanding. One World
Now is more than just Chinese and Arabic classes and the free
food at Friday leadership meetings: it is a melting pot--a
place where I was exposed to many different cultures, races,
and religions; a place where I made many good friends. Every
week that I went to One World Now classes, I grew a little
bit. I sometimes got tired of them saying ``get out of your
comfort zone'' and ``be passionate'', but that was what
really happened, at every meeting I felt I was stripped of
all the walls I put up and just showed the bare and true
Philmon. That's how you really gain social skills and grow as
a person. There are so many different types of people you
don't know how to act, so just act like yourself. That's how
you really build character. The change that has occurred in
me is something I can't describe, something deep within has
changed. I am now able to communicate my ideas better, more
powerfully. The only thing I can't communicate is the change
that has occurred because it so deep within me, but resonates
and I can always feel it. This is all because of One World
Now and the opportunities offered me from their influence.
Through One World Now, I've really walked a thousand miles. I
am a different person than when I was a sophomore.
When I was invited to be a U.S. House of Representatives
Page and I accepted, I felt both sad and happy. The sadness
came when I realized I would not be able to take One World
Now classes every other day. Before I accepted, I went to the
One World Now office and asked how this would affect my
membership at One World Now. They told me that I will always
be a part of the One World Now family, and that I could even
apply to go to China with them this summer. I came to DC sad
that I wouldn't be able to take Chinese in a formal Chinese
class setting provided by One World Now, but I was determined
I would not give up. I found the Chinese Cultural Center, and
learned I could take Chinese there. So I went over there and
they asked questions like ``how long have you been taking
Chinese?'' and I told them one year, so they gave their
second year test because they only offered up to Chinese
level the level I should have been at. I took the test and
they told me that I was too advanced to take their classes,
so Teacher Sun (find her in the audience) if you're in the
room, you taught me well. So I decided to become a volunteer
and asked if they could only speak to me in Chinese. While in
DC I still called my old Chinese classmates and teacher, to
make sure I was caught up to where I needed to be. I was now
ready to reap the benefits of the Congressional Page program.
In this program I am able watch the debates of our
country's architects. I think it is a blessing to watch the
people who serve our country pass legislation. I have a new-
found respect for the Congress of this nation. This program
is perfect for me. Young people are asked what they want to
be when they grow up, and I always had no idea, so I would
fabricate one of the many formulated answers and say
something like a doctor or a lawyer, not really knowing
exactly what I was saying. Now I think I know. Just like
Members of Congress, I want to devote my life to service and
make a difference in the world. I would to be an Ambassador
and work with different institutions around the world to make
a change. Change to bring my home country of Eritrea, and
bring its people, my people out of the straggling choke-hold
of poverty, to bring peace to the border conflict between
Eritrea and Ethiopia. People of these countries are the same:
they share the same religion, culture, and values, divided
only by politics.
A quote from George Bernard Shaw describes exactly how I
feel:
``This is the true joy in life, the being used for a
purpose recognized by yourself as a mighty one: the being a
force of nature instead of a feverish selfish little clod of
ailments and grievances complaining that the world will not
devote itself to making you
[[Page 11896]]
happy. I am of the opinion that my life belongs to the whole
community and as long as I can live it is my privilege to do
for it whatever I can. I want to be thoroughly used up when I
die, for harder I work the more I live, I rejoice in life for
its sake''.
All this would not be possible without One World Now. Ms.
Kristin Hayden nominated me to Congressman Jim McDermott,
Democrat from the Seventh Congressional District of
Washington State. When I was lucky enough to get into the
program, I was then one of ten Pages selected to stay for a
second semester to be a role model for the new Pages who were
coming in for the Spring Session.
While in DC, I have thought about my summer a great deal. I
would like to travel to China on a One World Now scholarship.
I know this will be a fantastic. I am truly excited about
traveling this summer. I will never forget what One World Now
scholarships have offered me. Opportunities like these don't
come every day, and One World Now isn't just an every day
occurrence. I can guarantee you that Kirstin Hayden is
talented and passionate; able to speak Russian and being a
great entrepreneur that started this extraordinary program
from scratch.
This program started five years ago at Ingram High School,
with one language, Chinese, and twelve students. Now this
program has extended itself to Garfield, Cleveland,
Roosevelt, Rainier Beach, and Franklin High Schools--six
different schools! I hope that it can continue to spread and
impact many other high school students and make the
difference in their lives as it has made in my life.
This reminds me of an anecdote. It is about a young man who
tries to make a difference in the world:
It was high tide and there were thousands of Starfishes
washed up ashore, and a man saw a young man throwing star
fish back into the sea, and asked
``What are you doing?''
The young man paused, looked up and replied, ``Throwing
Starfish back into the ocean.''
``I guess I should have asked; why are you are throwing
Starfish into the ocean?'' said the bystander.
``The sun is up and the tide is going out and if I don't
throw them in they'll die.''
The young man said.
``But don't you realize that there are miles and miles of
beach and Starfish all along it, you can't possibly make a
difference!''
The young man listened politely, then bent down, picked up
another Starfish and threw it into the sea, past the breaking
waves. ``It made a difference for that one.''
One World Now is the young man making a difference in
students' lives. I am an example of that difference being
made. And guess what? I am going to make a difference in
others lives also. One World Now makes its difference in a
very unique way, I think this is why One World Now is so
great! It empowers those, like me, who have found their
commitment in life. One World Now is worth supporting. One
World Now is worth attending. It's lasting legacy, it's gifts
to Seattle and to the Nation, are the gifts of students like
me. As I grow older and wiser, I realize that the more I
serve my community, I change myself for the better, and I am
also changing the world.
____________________
INTRODUCTION OF H.J. RES. 90, COMMENDING THE BARTER THEATRE ON THE
OCCASION OF ITS 75TH ANNIVERSARY
______
HON. RICK BOUCHER
of virginia
in the house of representatives
Monday, June 9, 2008
Mr. BOUCHER. Madam Speaker, I rise today to introduce a resolution
commending the Barter Theatre on the occasion of its 75th anniversary.
It is the longest continuously functioning live stage theater in the
U.S.
The Barter Theatre is located in my hometown of Abingdon, Virginia.
It was founded in 1933. In the midst of the Great Depression, money was
difficult to obtain, and families were reluctant to use it on such a
luxury as a theater performance. Yet founder Robert Porterfield offered
a novel solution: Patrons could view live theater performances in
exchange for fresh produce or livestock. This successful ``ham for
Hamlet'' arrangement inspired the name, ``Barter Theatre.''
In its 75 years of existence, the Barter Theatre has established
itself as a favorite destination for regional, national, and
international visitors. Its popularity prompted the Virginia General
Assembly in 1946 to designate the Barter Theatre as the State Theater
of Virginia.
As a premiere tourist attraction in southwest Virginia, the theatre
makes a significant economic and cultural contribution to the region.
The town of Abingdon and its surrounding localities benefit from the
theatre's ability to attract more than 145,000 guests annually to its
productions.
The Barter Theatre is also a valuable educational resource, reaching
thousands of children each season through its productions at Barter and
Barter Stage II. Additionally, the Barter Players, the touring company
of the theatre, travels to eight States each year performing at schools
and community venues. Recently, Barter has created and implemented an
innovative internet educational program which teaches students about
artistic and technical theatrical elements using a Web-based
interactive program available to classrooms across the region. This
program exposes students to a side of a theatrical production that they
might not have experienced otherwise.
I commend and congratulate the Barter Theatre for its contributions
to our region and for its many successes over the past 75 years.
Passage of the resolution I have introduced commending the theater will
be a fitting tribute to its many years of cultural contribution.
____________________
INTRODUCTION OF THE COMMERCIAL ADVERTISEMENT LOUDNESS MITIGATION ACT
______
HON. ANNA G. ESHOO
of california
in the house of representatives
Monday, June 9, 2008
Ms. ESHOO. Madam Speaker, most Americans are not overjoyed to watch
television commercials, but they are willing to tolerate them to
sustain free over-the-air television. What annoys all of us is the
sudden increase of volume when commercials are aired.
While the FCC does not specifically regulate the volume of TV
programs or TV commercials, broadcasters are required to have equipment
that limits the peak power they can use to send out their audio and
video signals. This means the loudest TV commercial can never be louder
than the loudest part of any TV program.
A TV program has a mix of audio levels. There are loud parts and soft
parts. Nuance is used to build the dramatic effect. Most advertisers
don't want nuance. They want to grab our attention, and to do this,
they record every part of it as loud as possible. The peak levels of
commercials are no higher than the peak levels of program content, but
those peaks are sustained for longer periods in commercials.
I've introduced the Commercial Advertisement Loudness Mitigation Act,
CALM Act, to address the volume of commercials. The bill would mandate
that the FCC within one year enact rules requiring that advertisements
not be excessively noisy and that they must be at the same volume as
the television programming they accompany.
I urge my colleagues to cosponsor this sensible bill.
____________________
RECOGNIZING THE RETIREMENT OF POLICE LIEUTENANT MONTY A. SHIPP FROM THE
FAIRFIELD POLICE DEPARTMENT
______
HON. ELLEN O. TAUSCHER
of california
in the house of representatives
Monday, June 9, 2008
Mrs. TAUSCHER. Madam Speaker, I rise to recognize Police Lieutenant
Monty A. Shipp who faithfully served the residents of the cities of
Fairfield and Concord since 1981.
Prior to becoming a police officer, Lieutenant Shipp served 4 years
in the United States Air Force from December 1977 to December 1981.
Upon receiving an honorable discharge with an Air Force Commendation
Medal and a Good Conduct Medal, Lieutenant Shipp continued his service
to his country and community by joining the Concord Police Department.
Lieutenant Shipp served with the Concord Police Department for 4
years before being hired by the Fairfield Police Department. He showed
considerable talent and promise and was promoted to Police Sergeant on
March 23, 1990. His contributions to the police department could be
seen in a variety of ways as he performed supervisor duties in patrol,
training, and investigations.
Lieutenant Shipp continued to distinguish himself showing superb
moral character and a commitment to helping his community through his
role with SAFE Team from 1987 to 1999. His hard work with such a worthy
cause is just one of many admirable and laudable accomplishments of
Lieutenant Shipp's career.
Lieutenant Shipp's decades of service and endless hard work
culminated in his being granted the prestigious Distinguished Service
Medal in December of 2001.
[[Page 11897]]
His well deserved promotion to lieutenant occurred on July 9, 2004.
As a lieutenant, he became a well known role model for the patrol
officers and investigation detectives with whom he worked. Lieutenant
Shipp's strong character and positive influence were evident every day
he was on the force.
Lieutenant Shipp embodies so many of the qualities that make for the
best police officers. He is a loyal representative of the law
enforcement community and will always be remembered and admired for
work ethic, dedication, and impact on our cities.
____________________
A TRIBUTE TO STUART G. MOLDAW
______
HON. ANNA G. ESHOO
of california
in the house of representatives
Monday, June 9, 2008
Ms. ESHOO. Madam Speaker, I rise today to honor the life and legacy
of my good friend Stuart G. Moldaw who passed away at the age of 81 on
Saturday, May 24, 2008. Stuart is survived by his beloved wife,
Phyllis, daughters Carol and Susan Moldaw, and four grandchildren.
A native of Boston and the son of a Russian immigrant, Stuart
enlisted in the Navy in 1944 before using the G.I. Rill to attend
Syracuse University where he met his future wife, Phyllis lsraelson of
Portland, Maine. After graduating in 1949 with a Bachelor's Degree in
Marketing and Economics, Stuart began his retail career at Le Bon
Marche, a department store in Lowell, Massachusetts, and married
Phyllis in 1950.
He then moved to California to work for another retailer, Lerner
Shops, where he became a district manager and oversaw the opening of
more than 20 Lerner stores, including ones in Oakland and the Stanford
Shopping Center. In 1958, Stuart opened his first retail business,
Country Casuals, in Palo Alto.
He also started Pic-a-Dilly, one of the country's earliest off-price
apparel chains in 1973, and co-founded Athletic Shoe Factory in 1979,
which featured national brands at discounted prices. Both chains were
later sold. He also co-founded V.S. Venture Partners, a Mendo Park-
based venture capital firm.
Stuart was a longtime Bay Area resident, pioneer entrepreneur and
philanthropist who helped transform a small chain of local department
stores into the Pleasanton-based retail giant Ross Dress for Less. Ross
Stores Inc., acquired by Stuart in 1982, is a Fortune 500 company with
$6.1 billion in sales over the last 12 months, more than 900 stores in
27 states and more than 40,000 employees. The original investors in the
Ross venture included another Bay Area retail pioneer, Mervin G.
Morris, the founder of Mervyns, who had recently retired before
becoming one of the Ross investors.
In a career that spanned more than a half-century, Stuart, a resident
of Atherton, also helped launch several other retail ventures,
including Sail Francisco-based Gymboree, a children's clothing retail
chain launched in 1986. At the time of his death, Stuart was chairman
emeritus of both Ross Stores and San Francisco-based Gymboree Corp.
Stuart Moldaw cared deeply about people and directed himself to make
the world a better place. He was well-respected for his passion and
commitment to improving the lives of those around him and was appointed
by President Bill Clinton as a Public Delegate to the U.S. Mission at
the United Nations in 1993 and as Chairman of the White House
Commission on Presidential Scholars in 1996. In 2000, Governor Gray
Davis appointed him to chair California's World Trade Commission, and 2
years later he was appointed to California's Little Hoover Commission.
He also served on the boards of many Bay Area non-profits, including
the Boys and Girls Club of the Peninsula, the Palo Alto Medical
Foundation, the Jewish Community Endowment Fund and the San Francisco
Museum of Modern Art. He gave tirelessly of himself to his family,
friends, colleagues and community and set the highest standard for
others to follow.
Madam Speaker, I ask the entire House of Representatives to join me
in honoring the life and accomplishments of Stuart G. Moldaw. His
decades of contributions to his community and his country stand as
lasting legacies of a life lived well. How privileged I am to have
known him, represented him and to have had him as my friend. America is
better because of him.
____________________
HONORING THE LIFE AND SERVICE OF BRIAN EMERICK
______
HON. VIRGINIA FOXX
of north carolina
in the house of representatives
Monday, June 9, 2008
Ms. FOXX. Madam Speaker, one of my constituents Brian Emerick, paid
me a visit last year to relate the story of his fight against ALS, or
Lou Gehrig's disease. He left me with these words, ``Future generations
must not face this disease with no known cause or cure. For the Emerick
family, the challenge to strike out Lou Gehrig's disease comes with the
highest imaginable significance--to honor the lives of past generations
who died of the disease like my father, to improve the well-being of
individuals currently living with the disease like myself, and to
protect the health of future generations, like my children.''
On Easter Sunday of this year, Brian finished his courageous battle
with ALS with the same dignity with which he lived his entire life. It
is his life that we are here to honor and his commitment to finding a
cure for this disease that we are here to remember and pursue. Brian's
story represents great hope that helps move us toward action to defeat
ALS.
Brian's life was not and can not be defined solely by his courageous
fight against ALS, because he lived a full life that touched many
before and after his diagnoses. Brian worked his way through school and
college and later flew helicopters in the U.S. Army. He then went on to
become a respected worker and leader at Rock-Tenn Paper Corporation.
Brian had a well-known work ethic and never missed a day of work
because of sickness. He continued working after his diagnosis and even
when he visited the ALS clinic at Baptist Hospital he would tell
doctors, ``I really don't get sick, I'm actually as healthy as anyone
could be if it weren't for this disease that keeps slowing me down.''
The man who was a loving husband was also an amazing father. The man
who was a tireless worker was also loved and honored in his work, his
community and his church. And finally, that man who did all of those
wonderful things, was also the man who fought ALS with courage for the
past 3 years.
Brian, who never liked to take so much as a Tylenol, eventually took
27 pills a day and participated in five different clinical drug studies
to help fight that deadly disease. Brian, who tried never to ask people
for help unless he absolutely needed it, raised more than $25,000 in
the last 2 years on ALS walks with his family and friends. Brian, who
had never before been in a congressional meeting, tirelessly walked the
halls of Congress to advocate on behalf of those suffering with this
deadly disease.
Brian ended his remarkable life journey and began a final journey
when he finished his battle with ALS on Easter Sunday of this year. But
Brian would have reminded us today that the battle to defeat ALS is
still ongoing. Brian's life story reminds us what it means to live each
day with love and in pursuit of ideals that truly matter. We honor
Brian's life by facing the challenge to defeat ALS, with honesty and
commitment to action that improves the lives of others.
____________________
MARY BAUMANN
______
HON. SAM GRAVES
of missouri
in the house of representatives
Monday, June 9, 2008
Mr. GRAVES. Madam Speaker, I proudly pause to recognize Mary Baumann,
of Savannah, Missouri. Mary recently retired as Andrew County Youth
Program Assistant.
Mary Baumann began her dedicated service to the 4-H Program in 1976,
after serving 15 years as secretary to the Andrew County Extension
Council. Mary's leadership and teaching has helped many youths as they
learned through programs sponsored by the 4-H program. Mrs. Baumann is
well respected and recognized as a leader throughout the Northwest
Missouri University Extension region.
Madam Speaker, I proudly ask you to join me in recognizing Mary
Baumann, whose dedication and service to the community has been truly
outstanding. I commend Mary on an exceptional career, and I am honored
to serve her in the United States Congress.
____________________
RECOGNIZING THE RETIREMENT OF POLICE OFFICER ROBERT LOWN FROM THE
FAIRFIELD POLICE DEPARTMENT
______
HON. ELLEN O. TAUSCHER
of california
in the house of representatives
Monday, June 9, 2008
Mrs. TAUSCHER. Madam Speaker, I rise to recognize Police Officer
Robert Lown, who
[[Page 11898]]
faithfully served the city of Fairfield for over 35 years.
Officer Lown began his distinguished career with the Fairfield Police
Department on August 1, 1969. During that time, he worked a variety of
assignments including patrol and investigation. His work as a committed
robbery and burglary investigator from 1988 to 2005 led to the solving
of many cases, to the benefit of the entire community. The skills
Officer Lown possessed in this field were second to none in the
department.
Officer Lown's experience and dedication as an investigator earned
him a Distinguished Service Award in June 1999.
His commitment to law enforcement and investigation will always be
remembered and admired by the Fairfield community for his work ethic,
dedication, and impact on our cities.
____________________
RECOGNIZING THE ACHIEVEMENTS OF CAPTAIN CHARLES L. STUPPARD FOR HIS
OUTSTANDING TOUR OF DUTY IN THE WAR IN THE MIDDLE EAST
______
HON. DANNY K. DAVIS
of illinois
in the house of representatives
Monday, June 9, 2008
Mr. DAVIS of Illinois. Madam Speaker, I rise today to congratulate
Captain Charles L. Stuppard, United States Navy for his outstanding
tour of duty in the war in the Middle East. As of today, he is
completing one full year of military service as the Commander of Task
Group 56.6 based in Kuwait. Over the past 12 months, Captain Stuppard
supported over 10,000 individual sailors during their deployment in
Kuwait, Iraq, or Afghanistan. He supervised in-processing for over
17,000 Navy, Air Force, and Department of Defense civilian personnel as
they are deployed to the Middle East. Captain Stuppard visited many
forward deployed forces throughout Iraq, Afghanistan and Africa.
Captain Stuppard Task Group coordinated the training of over 3,000
sailors in High Mobility Multi-Purpose Wheeled Vehicles Egress,
Tactical Movement, Counter and Close Quarters Marksmanship in order to
meet current requirements. Such training ensured that deploying sailors
have the most up-to-date information on the current situation,
particularly in a desert environment. Captain Stuppard fought
tirelessly to acquire up-to-date armored vehicles for use by sailors
traveling outside of the protected areas. Such action had a direct and
positive impact on the level of protection given to the sailors from
improved explosive devices, rocket propelled grenade, mines, and small
arms fire. Consequently, he enhanced the sailors' war fighting
capabilities and survivability as forward deployed units.
Captain Stuppard graduated from Cornell University in 1982 with a
bachelor of science degree in mechanical and aerospace engineering. In
1998, Captain Stuppard obtained his master's degree in national
security and strategic studies at the Naval War College in Newport, RI.
He is currently a doctoral student at Salve Regina University in
Newport, RI.
Captain Stuppard's accomplishments and achievements are truly
outstanding and serve as an example to all citizens throughout our
country, the United States of America. Captain Stuppard is a true
gentleman and an outstanding American. I congratulate Captain Charles
L. Stuppard for a job well done while serving in the Middle East.
____________________
HONORING THE RETIREMENT OF CLYDE SMYTH
______
HON. HOWARD P. ``BUCK'' McKEON
of california
in the house of representatives
Monday, June 9, 2008
Mr. McKEON. Madam Speaker, it is a great privilege for me to rise
today to recognize the contributions of Clyde Smyth, a member of my
staff since 1994. Clyde has generously served the United States and the
Santa Clarita community over the years by identifying worthy students
in the 25th Congressional District of California for appointment to the
military academies. After years of offering his leadership and
expertise and effecting change throughout the district, it is a great
pleasure to recognize Mr. Smyth on the occasion of his retirement.
Clyde's story is one of absolute service at every turn. He is a man
of honor and integrity who has given of himself for the betterment of
those around him. Clyde first came to the Santa Clarita Valley in 1969
to serve as principal of Placerita Junior High and later served the
William S. Hart High School district as superintendent from 1974 until
1992. He is a true American hero who also served in the United States
Army during the Korean war. After our community of Santa Clarita
incorporated, Clyde was elected to the city council in 1994 where he
served with honor for 4 years and as mayor for a year.
Clyde Smyth has instilled strong core values and the desire to give
back in his family as well as in his community. He is an example for
his sons and also for all those who meet him. To know Clyde is to be
inspired to be a better person. While Clyde is retiring from his
current position on my staff, I am certain that he is not done working.
I know Clyde as a man who, through his words and deeds, has
demonstrated his desire to lend a helping hand, and I can't imagine
that retirement would change that.
On behalf of myself and the many young men and women who have been
helped directly by his work, I offer sincere gratitude to Mr. Clyde
Smyth and wish him and his wife Sue all the best in his retirement
years.
____________________
TRIBUTE TO SHEILA MARY SULLIVAN PETERSON
______
HON. ANNA G. ESHOO
of california
in the house of representatives
Monday, June 9, 2008
Ms. ESHOO. Madam Speaker, I rise today to honor the life and legacy
of Sheila Mary Sullivan Peterson who passed away on May 22, 2008 in her
home in Menlo Park, California. She leaves behind her beloved husband
Ronald C. Peterson and her children, Molly, Kathleen, and Michael.
The eldest daughter of justice Raymond L. Sullivan and Winifred
Carreras Sullivan of San Francisco, Shelia dedicated her life to
education and the improvement of the lives of others. A former trustee
of Sacred Heart Schools in Atherton and a recipient of the St.
Madeleine Sophie Award for service to the schools, she was a blue-
ribbon graduate of the Convent of the Sacred Heart in Atherton and a
graduate of Lone Mountain, the San Francisco College for Women. She
taught at Winfield Scott and Alamo schools in San Francisco and was a
member of the Catholic Community at Stanford.
In addition to all those who loved her in the community and in the
classrooms, she was the beloved sister of R. Lawrence Sullivan, Jr.,
Philip Sullivan, Mary Ward, and Mother Agnes of the Cross O.C.D.
(Patricia Sullivan), a wonderful sister-in-law and aunt to numerous
Peters, Sullivans, and Wards; a close cousin to members of the Wade,
Carreras, and Sullivan families.
Madam Speaker, I ask the entire House of Representatives to join me
in honoring the life of Sheila Mary Sullivan Peterson and extend our
sympathy to her family. Through her many contributions to her family,
friends, students, and community she has left a lasting legacy of love,
faith, and mentorship which will never be forgotten and which will live
forever in all of us blessed to have known her. She graced our lives
and our community, made our country better and now enhances the heavens
with her presence.
____________________
DR. JIM SCANLON
______
HON. SAM GRAVES
of missouri
in the house of representatives
Monday, June 9, 2008
Mr. GRAVES. Madam Speaker, I proudly pause to recognize Dr. Jim
Scanlon, of St. Joseph, Missouri. Dr. Scanlon, who has served as
President of Missouri Western State University since 2001, will be
retiring at the end of June following a distinguished 30-year career
devoted to students in higher education. Dr. Scanlon has been a great
visionary for Missouri Western State University and a fine leader in
building the University's vision for the future.
Dr. Scanlon leaves behind a number of accomplishments. Under his
leadership, Missouri Western attained University status and added new
master's programs in applied sciences and applied arts. During his
tenure three new buildings were added to the campus, one building
currently under construction, one building renovation and addition in
the planning stages, a new university plaza and several remodeled
campus spaces for students. Dr. Scanlon has also championed a regional
university plan, focusing Western's resources for both the good of the
student as well as the community and region.
Dr. Scanlon came to St. Joseph and Missouri Western around the time I
was first elected to Congress. I have had the wonderful
[[Page 11899]]
opportunity to work with Dr. Scanlon on a number of occasions, and I
can attest to his honesty, integrity, and vision. I know Dr. Scanlon's
leadership will truly be missed, but I am very thankful for the time we
were able to share together, and wish him the best in his future
endeavors.
Madam Speaker, I proudly ask you to join me in recognizing Dr. Jim
Scanlon, a true visionary and tremendous leader who dedicated his
career to higher education. I commend Dr. Scanlon on an exceptional
career, and I am honored to serve him in the United States Congress.
____________________
RECOGNIZING THE RETIREMENT OF POLICE CAPTAIN THOMAS G. GIUGNI FROM THE
FAIRFIELD POLICE DEPARTMENT
______
HON. ELLEN O. TAUSCHER
of california
in the house of representatives
Monday, June 9, 2008
Mrs. TAUSCHER. Madam Speaker, I rise to recognize Police Captain
Thomas G. Giugni, who faithfully served the residents of the cities of
Walnut Creek and Fairfield since 1978.
Prior to becoming a police officer, Captain Giugni served as a
civilian communications dispatcher and clerk for the City of Fairfield.
Captain Giugni went on to work for the Walnut Creek Police Department
in 1978.
Captain Giugni served with the Walnut Creek Police Department for 9
years before returning to work with the Fairfield Police Department.
His work and dedication in patrol and investigations allowed Captain
Giugni to become a field training officer in 1993. His contributions,
as well as his promise, led to his promotion to police sergeant on
January 20, 1995.
Captain Giugni continued to serve as a positive role model for his
fellow officers in patrol and investigations leading to his promotion
to police lieutenant on June 30, 2000. His leadership success in this
position led to Giugni's promotion to police captain on May 3, 2002.
Captain Guigni's 31 years of law enforcement service exemplify the
many qualities of great police officers. He is a loyal representative
of the law enforcement community and leader for both sworn and civilian
employees and he will always be remembered and admired for his hard
work, dedication and impact on our cities.
____________________
RECOGNIZING THE ACHIEVEMENTS AND ACCOMPLISHMENTS OF STEPHEN BARR DURING
HIS TENURE AS AN EDITOR AND REPORTER
______
HON. DANNY K. DAVIS
of illinois
in the house of representatives
Monday, June 9, 2008
Mr. DAVIS of Illinois. Madam Speaker, I would like to take this
opportunity to recognize the significant contributions of Stephen Barr,
noted columnist and journalist that paved the way for today's
journalistic generation.
Throughout his career at the Washington Post Stephen Barr has served
as an anchor to both the columnist writing community and the avid
readers of the newspaper. During his 20 years at the Washington Post he
has worked as an editor and reporter serving in the Metro News, Style,
National News, and the Column departments of the newspaper.
In May 2000, he was selected as the Federal Diary Columnist after
serving 7 years as a national staff writer covering Federal management
and personnel issues, ``reinventing government,'' the U.S. Postal
Service, veterans'' affairs, the congressional appropriations process,
and government technology challenges, including the widely known Year
2000 computer glitch.
Steve Barr was born and raised in Nocona, Texas, a 1967 graduate of
Nocona High School and a 1971 graduate of the University of Texas at
Austin where he received his bachelor's degree in journalism. He also
served 2 years in the U.S. Army, including one year with the 1st
Infantry Division in Vietnam.
With deep appreciation and admiration for his continued service, I
thank Mr. Stephen Barr and wish him the very best in his future
endeavors.
____________________
A TRIBUTE TO HONOR ``GOLDEN CIRCLE DAY''
______
HON. EDOLPHUS TOWNS
of new york
in the house of representatives
Monday, June 9, 2008
Mr. TOWNS. Madam Speaker, I rise today in recognition of Bethany
Baptist Church of Brooklyn, its Pastor Dr. David A. Hampton, first lady
Hope Hampton and its congregants in honor of ``Golden Circle Day.''
Dr. David A. Hampton is the tenth Pastor-elect of Bethany Baptist
Church. Hailing from Indianapolis, Indiana, he is a former scholar from
Christian Theological Seminary in Indianapolis, where he graduated
Summa Cum laude. As described by his congregants, Pastor Hampton is a
dynamic speaker who can reach and encourage persons of all ages. As
indicated by his receipt of numerous awards, including the Martin
Luther King Human Rights Award, Pastor Hampton demonstrates immense
dedication and service to his congregants and the Brooklyn community.
He has also been acknowledged by the Center of Leadership Development
for his outstanding leadership skills.
Pastor Hampton is fortunate to have a warm-hearted congregation
composed of avid Baptists. With his congregants' strong faith and his
infallible ability to deliver inspiring messages, Pastor Hampton has
encouraged members of Bethany Baptist to continue in their faith and
service to their community, which establishes Bethany Baptist as an
invaluable community resource. As such, the commitments of Bethany
Baptist Church and its congregants transcend their faith and is
deserving of due recognition.
Further, the members of Bethany Baptist Church demonstrate devotion
to their faith, which is visible in their undying commitment to
remaining active members of the church for over 50 years. In an effort
to commemorate their contributions, the church has planned ``Golden
Circle Day,'' which is dedicated to honoring those who are a part of
the esteemed ``Golden Circle.'' This is a tradition that many look
forward to because it offers a chance to pay homage to members of the
Bethany Baptist Church family. In keeping with the traditions, there
will be a host of special services slated for June 8, 2008 at Bethany
Baptist Church, located at 460 Marcus Garvey Boulevard in Brooklyn, New
York.
The following members are duly recognized as members of Bethany
Baptist Church's ``Golden Circle.''
Marian Alexander; Annie Anderson; Charles Allen; Margaret Allen;
Norma Applewhite; Virgie Baldwin; Bettie Barbour; Louise Barton; Linda
Bascombe; and Patricia Belk.
Gaither Bellamy; Josephine Blaizes; Daisy L. Bryant; Essie M. Brooks;
Helen Brown; Mabel Burroughs; Phyllis M. Bynum; Mary Carpenter; and
Edith L. Carson.
Pearl Clarke; Wilbert Clarke; Adeline Clinton; Darnley Crichlow;
Barbara D. Crosby; Lynda F. Dandridge; Louise Daniels; Gladys C. Drake;
Willie Edmond; and Ozie Edmond.
Gloria Ellis; Tommy Felton; Helen Fierce; Ethel M. Folk; Frances
Ford; Frances Frayer; Maurice L. Fredericks; Winifred Fredericks;
Jusselyn James Gittens; Hyacinth Golden; and Fredrick Gordon.
Katie Graham; Bernice Graves; Iris Hall; Elizabeth Halyard; Malcolm
Halyard; Richard Harris, Sr.; Shirley Harris; Miriam C. Hassell; Helen
Hill; and Marcia Hill.
Alberta Holt; Willie Holt; Annie Hubbard; Inez B. Hunt; J. Frank
Hunt; Thomas O. Irby; Amanda M. Jackson; Daniel Jackson; Donza James-
Frasier; and Jusselyn James-Gittens.
Mabel Jenkins; Joyce E. Jiggetts; Eddie Johnson; Girlene Johnson;
Alberta Jones; Delores C. Jones; Evelyn P. Jones; Margaret Jones-
Chaplin; Kay B. Jordan; and Betty Keith.
Rosa M. Key; Mabel Kellogg; Florence O. King; Ronald King; Harriet H.
Kinebrew; Wade N. Lassiter; Lillie B. Lawrence; Jaynette Lawson-Jordan;
Juanita Lewis; and Lauriano Green.
Priscilla Lucas; Evelyn J. Lymus; Fannie Marcus; Joseph F. Mariner;
Willie Belle Mariner; Norva T. S. Matthews; Clarence McDonald; Joseph
H. McDowere; Frances McDuffie; and Eleanor McIntosh.
Ruth McKie; Mona McLaughlin; Emma Miller; Arnold Neckles; Molly
Neckles; Netty Brown-Nembhard; Oswald Nembhard; Jacqueline Norris;
Dorothy Odle; Herbert Oestricher; and Sidney Oestricher.
Jeff Palmer; Bertha Patton; Mildred Peoples; Jasper E. Peyton;
Mildred D. Pittman; Alfred Porter; Fannie Porter; Benjamin Pugh; and
Earnest Randolph.
Evelyn Randolph; Juanita Randolph; Leona Rhodes; Mary Alice Ridley;
Dorothy Rudisel; Rosa Sawyer; Helen Seaberry; Alberta Scott; Janet
Small; and Kittie Sneed.
Esther Smith; Dorothy Spain; Hazel R. Speer; Sadie Stewart; Marie
Sullivan; Gertrude Sumter; Mamie R. Thomas; Lula Turner; Eleanor
Warren; and Josephine Washington.
[[Page 11900]]
Frances Watkins; Virgie Whitaker; Doris Williams; Julia Williams;
Teesdale P. Wilson; Jacqueline Winstead; Patricia Wynn; and Ernest
Wynn.
____________________
HONORING REVEREND DR. REGINALD FLYNN
______
HON. DALE E. KILDEE
of michigan
in the house of representatives
Monday, June 9, 2008
Mr. KILDEE. Madam Speaker, I rise to day to honor Reverend Dr.
Reginald Flynn as he is installed as the new pastor of Foss Avenue
Baptist Church. The Installation Service will take place on Sunday,
June 22nd, in my hometown of Flint, Michigan.
Reverend Dr. Flynn was raised in the Flint area, graduating from
Beecher High School in 1984. He attended Kalamazoo Valley Community
College and served in the United States Navy. After receiving his
honorable discharge he relocated to Columbia SC. He received his
bachelor of arts degree in political science from the University of
South Carolina. He was the executive assistant at the United Way of
South Carolina. He was picked by the South Carolina Department of
Social Services and the W.K. Kellogg Foundation to coordinate a
statewide faith-based foster care and adoption program called South
Carolina Families for Kids and he went on to become the recruitment
director of the adoption advocacy program, One Church, One Child of
South Carolina. He went on to work for IAP Worldwide Services, an
international emergency management firm, and for Merck and Company. He
is the founder and president of CourTay Properties, LLC, a real estate
investment company.
Pastor Flynn received his license to preach the gospel from Reverend
Dr. Charles B. Jackson, Sr., at Brookland Baptist Church in Columbia
and earned his master of divinity degree from Erskine Theological
Seminary. He was ordained by the Gethsemane Baptist Association and has
completed pastoral assignments at Beulah Baptist Church, and Temple
Zion Baptist Church. He was elected by his colleagues to serve as vice
president and principal training instructor for the Mt. Hebron
Progressive Association's Congress of Christian Education. He has also
served as the adjunct professor of religious studies at Benedict
College. In December 2008 he will receive his doctor of ministry degree
in pastoral leadership and Urban Studies from Columbia International
University, graduating with honors. Married to First Lady Deloris
Flynn, the couple has two children, Courtney and Taylor.
Madam Speaker, please join me in congratulating Reverend Dr. Reginald
Flynn as he is installed as pastor of Foss Avenue Baptist Church. The
sacred and solemn Installation Service is the joining of a pastor and
congregation to fulfill God's holy will. May Pastor Flynn and Foss
Avenue Baptist Church serve Our Lord, Jesus Christ, for many, many
years to come.
____________________
RECOGNIZING THE RETIREMENT OF POLICE LIEUTENANT MICHAEL L. HILL FROM
THE FAIRFIELD POLICE DEPARTMENT
______
HON. ELLEN O. TAUSCHER
of california
in the house of representatives
Monday, June 9, 2008
Mrs. TAUSCHER. Madam Speaker, I rise to recognize Police Lieutenant
Michael L. Hill who faithfully served the residents of the cities of
Los Angeles and Fairfield for 36 years.
Prior to becoming a police officer, Lieutenant Hill served as a
sleeper fireman with the City of Fairfield beginning in 1974. He worked
in various civilian positions for the city before becoming a sworn
police officer on September 10, 1979. Lieutenant Hill began his work
with the Los Angeles Police Department in April 1982, before returning
to the Fairfield Police Department in May 1985.
Lieutenant Hill continued to demonstrate loyalty and dedication to
the department earning his promotion to Police Sergeant on August 26,
1988. He served as an inspirational leader for the personnel in Patrol,
Investigations, Training and the Professional Standers Unit. His
commitment to this position resulted in his being named Manager of the
Year for 1996.
His years of service and leadership led to his promotion to Acting
Police Lieutenant on May 3, 2002 and then to his formal appointment as
Police Lieutenant on October 18, 2002.
Lieutenant Hill will always be remembered and admired for his
commitment to the community as well as his dedication as a leader. He
is a loyal representative of the law and has made a lasting, positive
impact on our cities.
____________________
THE ABILITYONE PROGRAM
______
HON. PAUL C. BROUN
of georgia
in the house of representatives
Monday, June 9, 2008
Mr. BROUN of Georgia. Madam Speaker, unemployment among people with
disabilities is a serious matter and one that is all too often
overlooked. Many Americans do not know the depth of this crisis--only
35 percent of people with disabilities are able to find jobs. Those
people with disabilities who are not as fortunate are left to grapple
with numerous obstacles to work and are often not provided the
opportunity to become independent, self-sufficient wage earners.
For almost all Americans, employment focuses on ability. But for
people with disabilities, it is often the disability that takes
precedence. We all have abilities and as responsible citizens, it is
our imperative to apply them for the greater good. When all Americans
work, communities will benefit as people with disabilities become self-
sufficient, tax-paying citizens. I commend people with disabilities for
their tireless efforts to share their abilities in the American
workplace despite barriers, and hope that someday the high unemployment
rate will be a thing of the past.
I am proud to support a program that helps us reach the goal of
employment for all: the AbilityOne Program. The AbilityOne Program
provides much-needed employment opportunities by using the purchasing
power of the Federal Government to buy products and services from
participating community-based nonprofit agencies that are dedicated to
training and employing individuals with disabilities. In this program,
people who are blind or who have other severe disabilities have the
opportunity to acquire job skills and training, receive good wages and
benefits and gain greater independence and quality of life.
In the United States, the program serves nearly 38,000 people with
disabilities and generated approximately $369 million in wages earned
and $1.6 billion in products sold. In Georgia alone, over 900 people
with disabilities earned $8.7 million in wages last year as a result of
AbilityOne. I am proud that Georgia's 10th congressional district is
home to brand-new AbilityOne contract at the Charlie Norwood VA Medical
Center. The Honorable Charlie was an AbilityOne Congressional Champion
during his years in office and I am proud to carry on his tradition of
supporting people with disabilities and the fine work they do.
It is with great pleasure that I extend my support to the AbilityOne
Program, its supporters, and its workers for making a difference in
unemployment among people with disabilities in this country.
____________________
REGARDING THE LAND USE RESTRICTION PROVISION OF H.R. 2963, THE PECHANGA
LAND TRANSFER BILL
______
HON. DARRELL E. ISSA
of california
in the house of representatives
Monday, June 9, 2008
Mr. ISSA. Madam Speaker, I rise today to speak on an important piece
of legislation that I have authored, H.R. 2963, The Pechanga Band of
Luiseno Mission Indians Land Transfer Act of 2007. This legislation
will place 1,178 acres of land currently maintained by the Bureau of
Land Management, BLM, into trust for the Pechanga Band of Luiseno
Mission Indians to manage and maintain. These lands are part of the
Pechanga tribe's ancestral lands and contain numerous cultural,
historical, and religious elements of importance to them.
Specifically, I want to discuss Section 2(h) of the bill, which is
entitled ``Restricted Use of Transferred Lands.''
(h) Restricted Use of Transferred Lands.--
(1) In general.--The lands transferred under subsection (a)
may be used only for the protection, preservation, and
maintenance of the archaeological, cultural, and wildlife
resources thereon.
(2) No roads.--There shall be no roads other than for
maintenance purposes constructed on the lands transferred
under subsection (a).
When the restrictive language in this section was initially added to
H.R. 4908, the original version of the bill I introduced in the 108th
[[Page 11901]]
Congress, it was at the request of former House Resources Committee
Chairman Richard Pombo. It was added during the markup of the bill on
September 22, 2004, with the purpose of ensuring that no commercial,
casino or gaming related development would take place on the lands
designated for transfer within the bill, and that those lands would be
maintained as open space for the preservation, protection, and
maintenance of the archaeological, cultural and wildlife resources
thereon. The development restrictions were added with the assent of
representatives of the Pechanga tribal government and myself as author
of the legislation
Since I reintroduced this bill in the 110th Congress, my intent for
this section has not changed. In fact, development restrictions within
the bill were strengthened further with the addition of a prohibition
of the construction of any roads upon the transferred land other than
for the purpose of maintenance of archaeological, cultural and wildlife
resources.
It is my intention as the author of H.R. 2963 that the legislation
prohibit commercial, casino or gaming related construction or
development on the lands designated in this bill, and that they be
preserved as open space. I believe that the restrictions on the use of
transferred lands included in this bill are a clear expression of this
intent. Additionally, I have conferred with the Solicitor General's
Office of the Department of the Interior who state that the wording of
Section 2(h) implements this intent and the land use restrictions are
enforceable by the Department of the Interior.
____________________
RECOGNIZING THE RETIREMENT OF POLICE OFFICER ANDREW CROSS FROM THE
FAIRFIELD POLICE DEPARTMENT
______
HON. ELLEN O. TAUSCHER
of california
in the house of representatives
Monday, June 9, 2008
Mrs. TAUSCHER. Madam Speaker, I rise to recognize Police Officer
Andrew Cross who faithfully served in the California police force since
1980.
Officer Cross's service to our community began when he joined the
Seaside Police Department in January 1980. From there, he transitioned
to the Monterey Police Department. After 18 years of service to
Monterey, Officer Cross came to the Fairfield Police Department in
December 2000.
During his time with the Fairfield Police Department, Officer Cross
served as a highly regarded active patrol officer.
Officer Cross's commitment to his community was evident on a daily
basis. He was a loyal representative of the law enforcement community,
admired for his hard work and dedication, and his presence will be
missed.
____________________
HONORING MR. AUSTIN SIMON
______
HON. BARBARA LEE
of california
in the house of representatives
Monday, June 9, 2008
Ms. LEE. Madam Speaker, I rise today to honor the extraordinary life
of Mr. Austin Simon. A pioneer and man of great distinction, Mr. Simon
was the first African-American Postmaster in the 9th Congressional
District. We lost our beloved Austin Simon on May 5, 2008. Known as
``Si'' to his loved ones, Mr. Simon lived a full and vibrant 81 years,
and although his presence will be sorely missed among his family and
friends, his legacy will continue far into the future.
Austin Simon was born in 1926 in Lake Charles, Louisiana, to Seymour
and Mary Simon. Mr. Simon was a retired M.S.C. Postmaster in the Bay
Area and was the first African-American to head both the Richmond and
Oakland, California offices. The sheer substance of such an incredible
life accomplishment attests to Mr. Austin's vitality and energy. He
experienced firsthand some of the most important and dynamic moments in
the struggles of African-Americans in our country throughout the last
century. Mr. Austin was indeed on the frontlines of history, breaking
the glass ceiling for generations of African-Americans pursuing careers
in the United States Post Office.
In addition to a distinguished career in the postal service, Mr.
Simon served his country in the United States Army during World War II.
In his community, Mr. Simon participated as an active and committed
Mason for more than 50 years and served as the Honorary Grand Master of
the Hiram of Tyree Grand Lodge of California. He was also a member of
the Stars of Love No. 22 Order of the Eastern Star for 50 years.
Even in his retirement, Mr. Simon was incredibly energetic and proved
to be an inspiring role-model throughout his life. Mr. Simon knew the
importance of community stewardship and creating lasting relationships
with his fellow man. After moving to Las Vegas in 1996, Mr. Simon was
quick to become engaged in his new community and search out new ways to
contribute to society. In Las Vegas, Mr. Simon became a member of the
Alpha Lodge No. 75, which he helped establish into a reputable and
impressive organization. He led his fellow Alpha Lodge No. 75 members,
dedicating his time and efforts as District Deputy Grand Master.
It is obvious that Mr. Simon's lifelong profession was to help others
achieve their dreams and accomplish their goals. A dedicated family
man, Mr. Simon balanced his personal, professional, and political
dedications so that all who were fortunate enough to know this great
man could benefit from his compassion and warmth.
A pillar of strength and historic figure in our community, Mr. Simon
will be sorely missed. However, we are thankful for the opportunities
he gave us to come together and celebrate the hope and love in our
lives. As we say goodbye to him, we have been given yet another
opportunity to reflect on the rich past of the African-American
community and the tumultuous American century which defined our
heritage, diligence, and hopes for the future.
Austin Simon's legacy will surely live on through all who knew him,
and all who know of his great accomplishments. Today, California's 9th
Congressional District salutes and honors Mr. Austin Simon. We extend
our deepest condolences to his family, especially his wife of 39 years,
Mrs. Bertha L Simon, his daughter Linda Duhon, and his sons Austin Jr.,
Ricky, Anthony, Aaron, Christopher, Marcus, Gregory, Cedric, and Kevin.
His legacy will live on through his siblings, grandchildren, great-
grandchildren, nephews, nieces, godchildren, in-laws, and loving
friends. May his soul rest in peace.
____________________
IN MEMORY OF WILLIAM ``BILL'' EDWARDS
______
HON. MIKE ROSS
of arkansas
in the house of representatives
Monday, June 9, 2008
Mr. ROSS. Madam Speaker, I rise today to honor the memory of my dear
friend William ``Bill'' Edwards of Hot Springs, Arkansas, who passed
away June 1, 2008, at the age of 79.
I will forever remember Bill Edwards as a good friend, a devoted
public servant and someone who cared deeply about improving the quality
of life in Hot Springs and Garland County Arkansas. As a natural born
leader, he excelled at every task he took on and was an inspiration to
all of us who knew him.
Bill Edwards served the people of Hot Springs as Alderman and City
Director for more than 35 years, however, most people just knew him as
a caring friend. He was one of those rare individuals who never forgot
the importance of maintaining a high degree of customer service to
ensure that all those he worked with over the years were in good hands.
From his very first day on the job working for the people of Hot
Springs and Garland County, his number one priority was always the
person he was talking with, and he would not stop working until he had
exhausted every possibility to help out that individual.
Bill Edwards's leadership in Hot Springs was guided by his dedication
to the city and to all of those who work and reside in our beloved
state. I truly believe the Hot Springs Sentinel Record, the local paper
which covered him over the years, said it best in their editorial on
June 3, 2008, by stating, ``It is not an exaggeration to say that this
director had a `heart for Hot Springs.' '' Whether it was helping a
constituent, promoting tourism in the city, or simply putting a big
smile on a friend's face, he knew only one way to do it--with a big
heart.
Bill Edwards will always be known for his outstanding service to Hot
Springs and the surrounding communities. I extend my deepest
condolences to his two daughters, Brenda Deaton of Texarkana, Texas,
and Laura Rivera of Leander, Texas; his two sisters, Margaret Bennett
of Hot Springs, Arkansas, and Martha Young of Hot Springs, Arkansas;
his three brothers Jimmy Edwards, Charles Edwards and Mike Edwards, all
of Hot Springs, Arkansas; and to his nieces, nephews, and numerous
friends. Bill Edwards will
[[Page 11902]]
be greatly missed in Hot Springs, and I am truly saddened by this loss.
____________________
THE SPARTANS ARE SOFTBALL CHAMPIONS
______
HON. HOWARD COBLE
of north carolina
in the house of representatives
Monday, June 9, 2008
Mr. COBLE. Madam Speaker, on behalf of the citizens of the Sixth
District of North Carolina, we wish to congratulate the girls' softball
team of Central Davidson High School for winning the North Carolina 2-A
championship. The Spartans won the title on Saturday, May 31. The team
was led by seniors Allison Barnak, Lindsay Thore, Hannah Buie, Alison
Lohr, and Gina Antonucci, who were an integral part of back-to-back
championships along with a 54-game winning streak.
This year's title, which was won at the Walnut Creek Softball Complex
in Raleigh, culminated an outstanding season for the Spartans, who were
led by Head Coach Gene Poindexter. Not only did they win a State
championship, the Spartans finished the year ranked 8th in a national
poll of high school softball teams.
The championship contest began and ended quickly. Chelsea Leonard led
the way, pitching a one-hit shutout to lead the Spartans to a 7-0 win
against formidable South Lenior. The team was led with 2 hits each from
Kara Lohr, Whitney Lohr, Hannah Buie, and Nicole Perry.
While there were many strong efforts, the championship win was a team
effort including juniors Carrie Jernigan, and Chelsea Leonard,
sophomores Leanna Hildebrand, Whitney Lohr, Haley Hanes, Nicole Perry,
Laura Fritts, Emily Mills, Mindi Morris, and Haley Thore, along with
freshmen Kara Lohr and Emma Comer. And just as important as the players
on the field were the leaders off the field. We would like to
recognize, head coach Gene Poindexter and his able assistants Jim
Welborn, Bryan Starnes, Greg Leonard, Sterling Charles, Steve Hayes,
Mike Pickett, Jordan Stogner, Brittney Taylor, and Richard Cid.
Also assisting the team during this incredible season were
scorekeeper Ernie Antonucci, public announcer Stewart Koonts, as well
as team managers Chris Keel and Brandon Gilchrist.
Again, on behalf of the Sixth District, we would like to congratulate
Principal Emily Lipe, Athletic Director and Head Coach Gene Poindexter
and everyone affiliated with the Central Davidson Spartans on having
another great season and for winning the North Carolina 2-A softball
championship for the second year in a row.
____________________
TRIBUTE TO ANNE LOMEDICO
______
HON. ELIOT L. ENGEL
of new york
in the house of representatives
Monday, June 9, 2008
Mr. ENGEL. Madam Speaker, Anne LoMedico has reached the ranks of the
growing number of centenarians in the United States. As she reaches 100
years, on July 26, 2008, she can look back with pride. Anne has lived
through the most prolific era in world history.
Anne was born in our very own Bronx, New York. She is a mother of
two, grandmother of 7, great-grandmother of 16, and great-great
grandmother of 9.
She is a hard worker who isn't afraid to say what's on her mind. From
the age of 18 to 67 Anne worked at a bookbinder company. She entered
the field as a machine operator and in no time worked her way to a
supervisory position. Anne was never one to sit and wait for things to
happen. She took initiative and in by doing so, as a union delegate she
was once honored with a gold pin from the Bookbinder Union.
Anne is a very active member of her Senior Club at the Nyack Senior
Center; she raised the most money out of anyone in the 2007 Walkathon
fundraiser. She can also be accredited for helping women in her
community who have recently been widowed, get out of the house and into
the center of life.
Anne attributes her long life to her strong faith in God, the fact
that she believes in eating right, exercising, and not smoking. Before
she started driving, Anne would walk from the West Side of Manhattan to
the East Side twice a day to go to work. She has watched her children
grown and has seen the world change. We thank God for allowing Ms.
LoMedico to remain with us and share her years of experience with us
all.
I offer her my sincere wishes for the happiest of birthdays and
congratulate her for a long and successful life.
____________________
RECOGNIZING THE RETIREMENT OF POLICE SERGEANT TIMOTHY P. GRACE FROM THE
FAIRFIELD POLICE DEPARTMENT
______
HON. ELLEN O. TAUSCHER
of california
in the house of representatives
Monday, June 9, 2008
Mrs. TAUSCHER. Madam Speaker, I rise to recognize Police Sergeant
Timothy P. Grace who faithfully served the residents of the city of
Fairfield for 31 years.
Sergeant Grace began his service with the Fairfield Police Department
on September 27, 1975, where he worked in several capacities including
drunk driving enforcement grants, the traffic unit, patrol,
investigations and the training and communications unit. Sergeant Grace
continued to serve as a defensive tactics instructor as well as a field
training officer.
Sergeant Grace earned his well-deserved promotion to the position of
police sergeant in 2000. He worked as a valiant leader in both the
patrol and the professional standards unit, where his dedication to
these units made a valuable impact on the operations of the overall
department.
Sergeant Grace evidenced a commitment to his community on a daily
basis. He served as a loyal representative of the law and is admired by
his community for his hard work, dedication and positive influence on
the entire department.
SENATE COMMITTEE MEETINGS
Title IV of Senate Resolution 4, agreed to by the Senate on February
4, 1977, calls for establishment of a system for a computerized
schedule of all meetings and hearings of Senate committees,
subcommittees, joint committees, and committees of conference. This
title requires all such committees to notify the Office of the Senate
Daily Digest--designated by the Rules Committee--of the time, place,
and purpose of the meetings, when scheduled, and any cancellations or
changes in the meetings as they occur.
As an additional procedure along with the computerization of this
information, the Office of the Senate Daily Digest will prepare this
information for printing in the Extensions of Remarks section of the
Congressional Record on Monday and Wednesday of each week.
Meetings scheduled for Tuesday, June 10, 2008 may be found in the
Daily Digest of today's Record.
MEETINGS SCHEDULED
JUNE 11
9:30 a.m.
Foreign Relations
To hold hearings to examine sovereign wealth funds,
focusing on foreign policy consequences in an era of
new money.
SD-419
10 a.m.
Judiciary
To hold hearings to examine short-change for consumers
and short-shrift for Congress, focusing on the Supreme
Court's treatment of laws that protect Americans
health, safety, jobs, and retirement.
SD-226
2 p.m.
Judiciary
To hold hearings to examine the nominations of Paul G.
Gardephe, and Cathy Seibel, both to be a United States
District Judge for the Southern District of New York,
Kiyo A. Matsumoto, to be United States District Judge
for the Eastern District of New York, and Glenn T.
Suddaby, to be United States District Judge for the
Northern District of New York.
SD-226
3 p.m.
Commerce, Science, and Transportation
To hold hearings to examine the impact and policy
implications of spyware on consumers and businesses.
SR-253
JUNE 12
10 a.m.
Banking, Housing, and Urban Affairs
To hold hearings to examine the condition of our nation's
infrastructure, focusing on perspectives from our
nation's mayors.
SD-538
Finance
To hold an oversight hearing to examine the United States
Trade Preference programs.
SD-215
Judiciary
Business meeting to consider S. 2979, to exempt the
African National Congress
[[Page 11903]]
from treatment as a terrorist organization, H.R. 5690,
to remove the African National Congress from treatment
as a terrorist organization for certain acts or events,
provide relief for certain members of the African
National Congress regarding admissibility, S. 2892, to
promote the prosecution and enforcement of frauds
against the United States by suspending the statute of
limitations during times when Congress has authorized
the use of military force, H.R. 3480, to direct the
United States Sentencing Commission to assure
appropriate punishment enhancements for those involved
in receiving stolen property where that property
consists of grave markers of veterans, S. 1211, to
amend the Controlled Substances Act to provide enhanced
penalties for marketing controlled substances to
minors, S. Res. 576, designating August 2008 as
``Digital Television Transition Awareness Month'', and
the nominations of Helene N. White, of Michigan, and
Raymond M. Kethledge, of Michigan, each to be United
States Circuit Judge for the Sixth Circuit, and Stephen
Joseph Murphy III, of Michigan, to be United States
District Judge for the Eastern District of Michigan.
SD-226
Commerce, Science, and Transportation
Surface Transportation and Merchant Marine Infrastructure,
Safety and Security Subcommittee
To hold hearings to examine supply chain security,
focusing on the secure freight initiative and the
implementation of 100 percent scanning.
SR-253
Joint Economic Committee
To hold hearings to examine the future costs of funding
the war in Iraq.
SD-106
2:15 p.m.
Energy and Natural Resources
To hold an oversight hearing to examine the relationship
between United States fuels policy and food prices.
SD-366
2:30 p.m.
Homeland Security and Governmental Affairs
Federal Financial Management, Government Information,
Federal Services, and International Security
Subcommittee
To hold hearings to examine addressing the United States-
Pakistan strategic relationship.
SD-342
Foreign Relations
To hold hearings to examine energy from Central Asia to
Europe, focusing on oil, oligarchs, and opportunity.
SD-419
JUNE 17
9:30 a.m.
Armed Services
To hold hearings to examine the origins of aggressive
interrogation techniques, focusing on Part I of the
Committee's inquiry into the treatment of detainees in
U.S. custody.
SD-106
2:30 p.m.
Energy and Natural Resources
National Parks Subcommittee
To hold hearings to examine S. 1774, to designate the
John Krebs Wilderness in the State of California, to
add certain land to the Sequoia-Kings Canyon National
Park Wilderness, S. 2255, to amend the National Trails
System Act to provide for studies of the Chisholm Trail
and Great Western Trail to determine whether to add the
trails to the National Trails System, S. 2359, to
establish the St. Augustine 450th Commemoration
Commission, S. 2943, to amend the National Trails
System Act to designate the Pacific Northwest National
Scenic Trail, S. 3017, to designate the Beaver Basin
Wilderness at Pictured Rocks National Lakeshore in the
State of Michigan, S. 3010, to reauthorize the Route 66
Corridor Preservation Program, S. 3045, to establish
the Kenai Mountains-Turnagain Arm National Forest
Heritage Area in the State of Alaska, H.R. 1143, to
authorize the Secretary of the Interior to lease
certain lands in Virgin Islands National Park, and S.
3096, to amend the National Cave and Karst Research
Institute Act of 1998 to authorize appropriations for
the National Cave and Karst Research Institute.
SD-366
JUNE 18
10 a.m.
Rules and Administration
To hold hearings to examine improving energy efficiency,
focusing on increasing the use of renewable sources of
energy, and reducing the carbon footprint of the
Capitol complex.
SR-301
2 p.m.
Energy and Natural Resources
To hold hearings to examine the preparedness of federal
land management agencies for the 2008 wildfire season.
SD-366
JUNE 19
10 a.m.
Commerce, Science, and Transportation
Surface Transportation and Merchant Marine Infrastructure,
Safety and Security Subcommittee
To hold hearings to examine cruise ship safety, focusing
on potential steps for keeping Americans safe at sea.
SR-253
JUNE 24
10:30 a.m.
Commerce, Science, and Transportation
To hold hearings to examine climate change impacts on the
transportation sector.
SR-253
JUNE 26
9:30 a.m.
Veterans' Affairs
Business meeting to markup pending calendar business.
SR-418
POSTPONEMENTS
JUNE 11
9:30 a.m.
Commerce, Science, and Transportation
Interstate Commerce, Trade, and Tourism Subcommittee
To hold hearings to examine imbalance in the United
States-Korea automobile trade.
SR-253