[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

[[Page 11804]]

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

[[Page 11805]]

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

[[Page 11806]]

 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

[[Page 11807]]

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

[[Page 11808]]

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
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     Campbell (CA)
     Cannon
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     Childers
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     Clay
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     Cohen
     Cole (OK)
     Conaway
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     Cooper
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     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
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     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
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     Doggett
     Donnelly
     Doolittle
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     Duncan
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     Ellison
     Ellsworth
     Emanuel
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     English (PA)
     Eshoo
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     Frank (MA)
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     Frelinghuysen
     Gallegly
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     Gerlach
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     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
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     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
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     Kingston
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     LaHood
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     LaTourette
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     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
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     Lofgren, Zoe
     Lowey
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     Miller, George
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     Wolf
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     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
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     Herseth Sandlin
     Holden
     Holt
     Hooley
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     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